Ag/S4/12/09 PARLIAMENTARY BUREAU AGENDA FOR MEETING …€¦ · Ag/S4/12/09 PARLIAMENTARY BUREAU...

Ag/S4/12/09 PARLIAMENTARY BUREAU AGENDA FOR MEETING ON TUESDAY 13 MARCH 2012 2.00 pm: Room Q1.03 1.

Minutes (a) Draft minutes of 6 March 2012 (attached) (b) Matters arising

(attached)

2. Future business programme

(PB/S4/12/126)

3. Legislation (a) Social Care (Self-directed Support)(Scotland) Bill – Stage 1 timetable (b) Criminal Cases(Punishment and Review)(Scotland) Bill and Police and Fire Reform (Scotland) Bill – extension to Stage 1 timetables (c) Public Body Consent Memorandum

(PB/S4/12/127) (PB/S4/12/128) (PB/S4/12/129)

4. Approval of SSIs (a) Public Services Reform (Recovery of Expenses in respect of Inspection of Independent Further Education Colleges and English Language Schools) (Scotland) Order 2012 (b) Scottish Social Housing Charter

(PB/S4/12/130) (PB/S4/12/131)

5. Removal of motions

(PB/S4/12/132)

6. Publication scheme – consideration of any exempt papers

Date of next meeting – Tuesday 20 March 2012

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PARLIAMENTARY BUREAU POSSIBLE MOTIONS FOR MEMBERS’ BUSINESS

1. Bureau Members will be aware that under Rule 5.6.1(c) the Bureau has a duty to ensure that there is a period of time available for Members’ Business following Decision Time.

2. Motions submitted for Members’ Business are shown below. S4M-01252 - Humza Yousaf: Continuation of Reshaping Care Change Fund—That the Parliament welcomes the three-year continuation of the Reshaping Care Change Fund announced in the Scottish Government's draft budget; believes that it has the potential to catalyse the shift to preventative public services *in Glasgow and across Scotland* and recognises the key contribution that the third sector will make to the agenda; *further recognises the importance of* the third sector in all local change partnerships, and *believes* that spending on prevention and early intervention are the highest priorities. S4M-01454 - Sandra White: Glasgow’s International Financial District—That the Parliament notes the 10th anniversary of the creation of Glasgow’s International Financial District (IFSD); considers the IFSD to have been an overwhelming success for Glasgow and Scotland as a whole since its establishment with the creation of 11,500 jobs; believes that such success clearly demonstrates the continuing attractiveness of Scotland as a place for international investment as evidenced by the recent announcement by esure of a further 150 jobs in addition to the current 780 esure employees in the IFSD, and hopes that with ongoing support Glasgow’s IFSD will continue to flourish. S4M-01556: Christine Grahame: The Work of Citizens Advice Scotland—That the Parliament recognises the vital work of Citizens Advice Scotland (CAS) on the high streets of the Scottish Borders, Midlothian and throughout Scotland, delivering free and often urgent advice; notes that in 2010-11 bureaux throughout Scotland dealt with 560,303 issues of which there were 203,000 new benefit issues, an increase of 8% on the previous year; notes that, in particular, CAS is concerned at the 33% increase in the number of new Employment and Support Allowance issues, which are time consuming and stressful for bureaux and clients, and that client applications to charities for assistance such as food parcels almost doubled in 2010-11; is concerned that with threatened cuts to benefits the situation for many will not improve and that further demands will be made of the service, and hopes that this service, which it considers both vital and approachable, will be able to continue to provide support for people who are often the most needy in society. S4M-01570: Rob Gibson: Remember Cunninghame Graham—That the Parliament congratulates Alan MacGillivray and John C McIntyre on the publication by Kennedy & Boyd, Glasgow of the collected stories and sketches of R B Cunninghame Graham in five volumes of one modern edition; celebrates their four years of work to present the works of what is considered one of Scotland’s finest writers for modern audiences to enjoy and that they may assess his place in Scotland's national literature; recalls the cross-party support for motion S3M-04228 by Rob Gibson, Remember Cunninghame Graham, "That the Parliament recalls the birth of Robert Bontine Cunninghame Graham on 24 May 1852; celebrates his adventurous life, which led him to champion the miners, the gauchos, the native Americans, the crofters and many others whom he considered were exploited by the wealthy and privileged; remembers that he took pivotal roles in founding the Scottish Labour Party, with Keir Hardie, in 1888 and the National Party of Scotland in 1928; considers that, after his tenure as an MP from 1886 to 1892, his trenchant and humane writings inspired many others and, in particular, inspired Joseph Conrad to write The Heart of Darkness and Nostromo; commends his writing to all those who value humanity and social justice today, and calls on the Parliament and Scottish Government to prepare appropriate celebrations in 2012 for the

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160th anniversary of his birth.", and considers that there is a need for a major celebration of Cunninghame Graham during 2012. S4M-01586: Mark McDonald: Changing the January Pay Date—That the Parliament notes that many public and private sector organisations pay their staff early in December to facilitate a payroll shutdown, but that the pay date for January remains at the end of the month; further notes that this means that workers have to ensure that their December pay lasts for around six weeks, covering both Christmas and New Year, while January pay only has to last for four weeks due to the shorter month of February; considers that this increases the pressure on the budgets of Scottish households and further increases the likelihood of people turning to payday loans at the end of January; further notes that Aberdeen City Council has altered its January pay date by moving it to the penultimate week of the month, thus creating a five-week period for the December and January pay windows, and *believes that a similar approach across the public and private sector would* ease pressure on Scottish household budgets. S4M-01606: Christina McKelvie: Access to an Employment Tribunal—That the Parliament is deeply concerned by UK Government proposals to charge fees for taking a claim to an employment tribunal and employment appeal tribunal; notes that, under the options set out in a consultation paper, prospective claimants could be forced to pay between £150 and £1,750 before their case is even heard; further notes that the consultation contains proposals designed to limit the amount of compensation that can be applied for and awarded; believes that the introduction of upfront fees for taking a claim to an employment tribunal unfairly weighs the balance in favour of employers and against employees and will lead to some employees, such as low-paid women workers in South Lanarkshire and across the country, being unable to seek redress for unfair treatment; further believes that forcing people to pay before they can access an employment tribunal is a wholly inappropriate way of generating public funds; further believes that the right to protection against unfair or prejudicial treatment at work, to seek justice if such treatment is experienced and to be compensated for harm that has been done is a fundamental one that should be available to all employees; further believes that the UK Ministry of Justice’s proposals are an attack on employment rights, and considers them to be unjust. S4M-01633: Jamie Hepburn: Scottish Premier League Decision to Allow Terracing—That the Parliament notes that many football supporters have been calling for terracing to be reintroduced at Scottish Premier League (SPL) grounds; understands that many supporters from Cumbernauld and Kilsyth and across Scotland would prefer to stand when attending a football game and feels that such standing areas generate a better atmosphere as a backdrop to the sport; believes that terracing can be provided at football stadia perfectly safely and that this is the case at football matches in Scotland outwith the SPL and in top-flight football divisions of many other European countries; recognises that, while there is a legislative prohibition on such standing areas in the top two divisions of English competitive football, there has never been any such legal restriction on Scottish clubs and that the ban was a decision of the football authorities themselves; welcomes the decision of the SPL general meeting on 19 December 2011 to approve requests from member clubs to pilot safe standing areas for SPL matches; considers that the safety of spectators at football matches has to be paramount and understands that this is recognised by the SPL, as any club undertaking a pilot of a safe standing area must also gain the approval of local safety committees and the police; looks forward to pilots of safe standing areas being conducted, and hopes that such pilots will be a success so that, in the long-term, terracing can return as a normal feature of top-flight Scottish football grounds. S4M-01666: Stuart McMillan: Cable and Metal Theft—That the Parliament is concerned at reports of an increased number of cable and metal thefts occurring throughout Scotland; welcomes the current consultation that is being conducted by the Scottish Government on expanding the scope of the licensing scheme for metal dealers; notes the recent incident at Greenock West railway station, where more than 70 tonnes of rail track was stolen at an estimated cost of £150,000; further notes that recent details released by British Transport Police suggested that more than £1 million worth of metal has been stolen from Scotland’s railways since 2008; considers that metal theft is an ever-increasing problem that affects a

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growing number of areas and organisations including churches, hospitals, schools and railways, and would welcome widespread cooperation to tackle the problem and to demonstrate to those considering carrying out such acts of theft that they will be caught and dealt with accordingly. S4M-01710: Colin Keir: Royal Highland Voted Top Show—That the Parliament commends the Royal Highland Show for being voted the top show in the UK by readers of the Preston-based Farmers Guardian; notes that the Royal Highland Show leads the list of major shows, beating the Great Yorkshire and the Royal Welsh shows into second and third place and that it was voted the best event for showcasing agriculture; believes that the award demonstrates the Royal Highland Show’s success in attracting more members of the public while retaining a core business element for farming and rural industry; observes that, in recent years, the show has grown to become what is considered one of the most important public events in Scotland, with an average of over 180,000 visitors per year and an estimated local and national economic impact of £70 million, and looks forward to the 2012 show, from 21 to 24 June, which will be the 172nd in total and the 52nd to be held at the permanent showground at the Royal Highland Centre, Ingliston in Edinburgh, sponsored by the Royal Bank of Scotland and with a host area from Dumfries and Galloway, which will feature local food and outdoor activities available in the region. S4M-01725: Aileen McLeod: CIFAL Scotland, a New UN Voice for Scotland—That the Parliament welcomes the expansion of CIFAL Scotland from Moray to Edinburgh; understands that CIFAL Scotland is the only UN-affiliated sustainability centre in northern Europe and has worked successfully with the public and private sector to advance the green growth agenda in Scotland; supports CIFAL Scotland's ambition to make Scotland a powerful voice on the environment, capable of global influence; welcomes the launch of CIFAL's latest campaign, Green Dreams around the World, which gives a voice to men, women and children across the globe who support sustainable development; would welcome widespread support for this campaign and a record of people's hopes for the future ahead of what it considers this year's landmark Rio+20 summit, due to take place in June; believes that the original Rio Summit in 1992 was a milestone even in terms of understanding climate change, and, twenty years on, and looks forward to the outcomes of Rio+20. S4M-01763: Alex Fergusson: A Road to Health—That the Parliament commends the Dumfries and Galloway Third Sector Forum for its participation in the Parliament’s Third Community Partnerships Project and the report on its public consultation entitled Road to Health, which has identified a number of issues relating to the transport of older people to and from hospital and clinical appointments; notes that the forum’s conclusions highlight a belief that there is a need for NHS boards and local authorities to work together to maximise the effectiveness of transport for older patients and their carers attending hospital appointments and day care centres, and that adequate transport provision in remote and rural areas is vital for the health and wellbeing of older citizens; further notes the findings of the report that different regions of Scotland have different approaches to this issue, and believes that there is a need to develop a national strategy with best practice guidelines for the adequate provision of such transport to address the issues highlighted in Road to Health as soon as is practicable. S4M-01768: Richard Simpson: Tinnitus Awareness Week—That the Parliament welcomes Tinnitus Awareness Week (TAW), which will take place between 6 and 12 February 2012; notes that the theme of this year’s TAW is raising awareness of tinnitus and related support services among GPs; further notes that there are many different causes of tinnitus including exposure to loud music, hearing loss, injury, ear infections and emotional stress; believes that tinnitus is one of the most common health problems experienced by people across the UK, and supports the work undertaken by support groups and voluntary organisations such as Action on Hearing Loss Scotland to raise awareness and provide information and advice to people affected by tinnitus. S4M-01799: John Lamont: Local Rail Services to Berwickshire and East Lothian—That the Parliament commends the Rail Action Group, East of Scotland and what it considers to be its hard-working volunteers on campaigning for many years for improved rail services for

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Berwickshire and East Lothian; understands that there is strong cross-party support for the reintroduction of local services from Edinburgh to Berwick-upon-Tweed and the reopening of stations at Reston and East Linton; notes the September 2011 feasibility study commissioned by Transport Scotland, which concluded that there is a positive economic case for local services and the reopening of the proposed stations; notes that the study also highlighted the latest East Coast Main Line Route Utilisation Strategy, which said that there is no capacity constraint to reinstating local services on the existing line; understands that there is strong support from residents in all of the communities that would benefit from the reintroduction of local rail services and the improved access that this would confer on employment, education and leisure opportunities; welcomes the support and collaborative, proactive approach from East Lothian Council, Scottish Borders Council and partners SEStran to move this project to the next stage in completing the final elements of the Scottish Transport Appraisal Guidance Part (STAG) 2 appraisal, and would welcome consideration of such a service should the STAG appraisal conclude that this would have positive economic, regeneration and environmental impacts for East Lothian and Berwickshire. S4M-01869: Adam Ingram: Robert Burns Humanitarian Awards 2012—That the Parliament congratulates the Scots nurse, Karen Graham, the winner of the 2012 Robert Burns Humanitarian Award (RBHA); notes the RBHA was launched in 2002 and is supported by South Ayrshire Council, EventScotland and VisitScotland; believes that, by risking her own life to care for and treat patients on both sides of the conflict in Libya, Ms Graham has exemplified the ethos of the RBHA, which recognises a group or individual that has saved, improved or enriched the lives of others or society as a whole through personal self-sacrifice, selfless service or hands-on charitable work; further notes that there were two other shortlisted entries, the Deaf History Review editorial team and midwife Sam Jennings; understands that the Deaf History Review team work to promote equal opportunities for deaf people in Scotland and across the world and that Ms Jennings carries out incredible work in the Congo with Médecins Sans Frontières helping to save the lives of thousands of babies and mothers every year, and thanks the panel of judges, which included David Anderson, chief executive of South Ayrshire Council and chair of the 2012 RBHA, broadcaster Kaye Adams, the actor, writer and painter, John Cairney, Nat Edwards, director of the Robert Burns Birthplace Museum, Jim Shields, the president of the Robert Burns World Federation, Rob Woodward, chief executive of STV and former RBHA winners, Habib Malik, head of Islamic Relief Scotland and Guy Willoughby, chief executive of the HALO Trust. S4M-01898: Christine Grahame: The UK Honours System—That the Parliament acknowledges calls for the UK honours system to be abolished, in particular following the annulment of the knighthood of Edinburgh-based Fred Goodwin, which, in its opinion, exposes beyond peradventure the political nature of these honours and which in any event it considers have no place in a 21st century democracy. S4M-01922# Kenneth Gibson: Allotments Regeneration Initiative in North Ayrshire—That the Parliament acknowledges that there are more than 500 community, therapeutic and allotment gardens throughout Scotland involving more than 12,500 people every year; encourages the introduction of the Green Gym scheme, which has so far been established in various areas throughout Scotland, including Kilbirnie in North Ayrshire; understands that planning permission has been granted for more than 70 community vegetable plots and 72 individual allotment plots in Kilbirnie for the Garnock Valley Allotment Association; considers that the Allotments Regeneration Initiative indicates that allotments allow local people not only to grow their own fruit and vegetables in a sustainable way but keep active, meet new people and improve mental health, and understands from similar projects in South Ayrshire that allotment gardening can contribute in many different areas including healthy eating, sustainable food supply, healthy activity, educational purposes and fostering community links and green spaces. S4M-01937# John Park: Celebrating Fife’s Outdoor Education Centre—That the Parliament warmly welcomes the reopening of Ardroy Outdoor Education Centre in Lochgoilhead; congratulates the Ardroy Ambassadors group, which ran what it considers to be an excellent campaign to reopen the centre after its closure in July 2011; notes that many school groups have already enjoyed adventures at Ardroy since its reopening and that it is

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already fully booked until the end of the summer school term; recognises that the Ardroy centre is now run as a charity; understands that the Ardroy team hopes to raise enough funds in the short term to upgrade the facility and in the long term to purchase the building from Fife Council, and celebrates what it considers the significant and valuable contribution that outdoor education centres like Ardroy make across the whole of Scotland through the diverse programmes that they run for children, young people and adults. S4M-01942# Linda Fabiani: Zero Waste with Coca-Cola—That the Parliament commends Coca-Cola Enterprises Ltd in East Kilbride on achieving a waste to landfill figure of zero during 2011, which it considers a remarkable achievement given that the East Kilbride site sent 342 tonnes of waste to landfill in 2002; congratulates management and all staff on their focus and work to achieve their goal; recognises that this work continues with the company continuing to challenge the amount of packaging that it produces; notes that there are commercial benefits to be had in waste reduction, with rebates available on segregated waste, and would welcome similar initiatives across Scotland. S4M-01946# Drew Smith: Fair Employment—That the Parliament welcomes the Fair Employment report from Citizens Advice Scotland (CAS), which shows the effects of the recession on employment practices in Glasgow and across Scotland; notes with concern the report’s findings that many employers are failing to pay due wages, holiday, sickness and redundancy pay and are increasingly changing terms and conditions without consultation; considers that Citizens Advice Bureaux clients are often low-paid, relatively low-skilled, often unaware of their employment rights and are vulnerable to poor and illegal employment practices; commends Citizens Advice Bureaux for supporting workers facing unfair employment practices at a time of reduced funding for bureaux; further notes the CAS recommendation that a fair employment commission with the legal powers and resources to secure all workers their rights and prevent rogue employers from exploiting workers should be established, and acknowledges calls for the Scottish and UK Governments to ensure fair employment conditions and access to advice and support for workers in all sectors of the economy and to work with business groups and trades unions to promote good employment practice in Scotland. S4M-01999 # Sandra White: Commonwealth Week 2012—That the Parliament considers that the Commonwealth has a valuable role in strengthening relationships between nations across the world; welcomes the continued contribution of Scotland and its people to those relationships; reaffirms its support for the work of the Commonwealth Parliamentary Association (CPA); notes that the CPA Scotland Branch and the Scottish Government have, as a key focus, continued to develop relationships with Malawi; notes Scotland's longstanding links throughout the Commonwealth; acknowledges the work of organisations such as the British Council Scotland; notes that 2012 is also the Year of Creative Scotland, and therefore commends the theme of Commonwealth Day this year, Connecting Cultures. S4M-02013 # Christine Grahame: NHS SMS Texting for Deaf and Hard of Hearing People—That the Parliament notes that throughout Scotland the mobile telephone numbers for deaf and hard of hearing people can be registered with all of the emergency services to enable SMS texting and, in Lothian and Borders, with the police for non-emergency services; further notes that providers such as the AA also offer this service, and considers that a non-emergency SMS texting facility would be helpful for the purposes of making and cancelling medical appointments. S4M-02112 # John Wilson: Church of Scotland Informs Economy Debate—That the Parliament welcomes the inquiry by the General Assembly of the Church of Scotland Special Commission on the Purposes of Economic Activity, which has looked into the social and moral elements of modern economics; understands that the commission, which expects to publish its report soon, has assessed the current state of the economy with a view to establishing what necessary changes are needed in order to put the interests of less well-off people in Central Scotland and across the country first; considers the input of organisations such as the Church of Scotland to be imperative in informing what is seen to be a complex debate, and believes that, as it is often lost in the wider context, it is important to bring an all-important human element back into focus.

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S4M-02194 # Christine Grahame: Community Radio Coming from a Station Near You—That the Parliament considers that community radio does excellent voluntary work in the Borders and across Scotland; notes the contribution that it makes to communities and the work that it does on training, education and developing individual skills; believes that it makes a singular contribution to the democratic process, and acknowledges calls for the Scottish Government to work constructively with the network. S4M-02249 # Jim Hume: East Linton and Reston Train Stations, Get on Track— That the Parliament believes that towns derive economic and societal benefits by being sited on the rail network; notes the contents of the report that was commissioned by Network Rail, The Value of Station Investment, which suggested that stations can have a significant impact on the towns and cities that they serve by acting as regional gateways, attracting businesses and helping to stimulate economic growth; further notes that the Scottish Government’s document, Rail 2014 – Public Consultation, states, ―new stations assist with a number of strategic aims such as stimulating sustainable economic growth or encouraging modal shift‖; considers there to be persuasive cases behind the introduction of new stations to the rail network in East Linton and Reston in south east Scotland; recognises that Reston, in Berwickshire, first became home to a station in 1846 and served passengers for over a century before services were withdrawn in 1964; praises the work of those associated with the Rail Action Group, East of Scotland (RAGES), which has campaigned for greater transport provision in south east Scotland; welcomes the recent visit to East Linton and Reston by the Minister for Housing and Transport to witness first-hand what is argued to be the suitability of these communities for new station investment, and would welcome an expansion of the transport infrastructure in south east Scotland. S4M-02253 # Christine Grahame: Commemorating James Graham, Marquis of Montrose and Member of the First Scots Parliament—That the Parliament notes that 2012 is the 400th anniversary of the birth of James Graham, fifth Earl and first Marquis of Montrose, considered to be one of Scotland’s finest battlefield commanders, poet and political thinker, and, as a member of the first Scottish Parliament from 1636 until 1641, he was a commissioner on the Committee of Estates, which acted to some extent as a committee of public safety, and became the formal opposition to the king; notes that there will be a service of commemoration at St Giles Cathedral on 21 May where his embalmed heart and bones are interred; considers that this important period of 17th century Scotland is little known and little taught despite its relevance to the current constitutional debate in Scotland, and believes that it is further evidence that Scots should be more aware of their own distinct history as the constitutional present and the future are the progeny of the past. Motion # S4M-02277 Sarah Boyack: Green Investment Bank—That the Parliament welcomes the announcement that the first ever UK Green Investment Bank (GIB) will have its headquarters based in Edinburgh; considers that the city of Edinburgh is ideally suited to deliver the key objectives of the GIB, which aims to encourage and stimulate investment in low-carbon technologies; further considers that the green, financial and research sectors of the capital are already well established and that the decision will strengthen the links between the financial centres of Edinburgh and London; believes that the GIB provides an ideal opportunity to put great momentum behind the green revolution and to build strong relationships with industries across Scotland, the UK and beyond; further believes that the announcement clearly showcases the strengths of Edinburgh and also the potential for the green industry to grow significantly and bring a great boost for jobs, and congratulates what it considers the sheer hard work and determination of the Edinburgh Chamber of Commerce, which it sees as a successful driving force behind the bid. S4M-02281 # Liz Smith: Scotland’s Mountain Rescue Teams—That the Parliament pays tribute to what it sees as the outstanding work carried out by Scotland’s 28 mountain rescue teams including Tayside Mountain Rescue, which it considers gives selflessly of its time to assist others; notes that Scotland’s mountain rescue volunteers went out over 500 times in 2011 to seek and rescue those in need of assistance, frequently in difficult mountainous terrain, poor weather conditions and often at night; recognises the pressure on what are largely voluntary funds and the new challenges facing Scotland’s mountain rescue teams in

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the face of public sector reform to emergency services, and would welcome a general public in Scotland that is educated about the responsibilities that it has to be well equipped and well prepared when heading to the hills. S4M-02291 # Marco Biagi: Tenants Standing up for their Rights in the Private Rented Sector—That the Parliament welcomes the foundation of Edinburgh Private Tenants Action Group (EPTAG), which has been set up to campaign to ensure that action is taken against rogue landlords in the city; understands that there has been tremendous growth in the private rented sector in Scotland and that the Annual Population Survey 2010 indicated that 11% of people in Scotland are in the private rented sector; notes that this figure rises to 39% in Edinburgh Central and 43% in the centre of Glasgow; expresses its concern regarding what it considers to be the high demand for housing and limited supply in city centres and believes that this is creating a market that is not competitive; considers that, although only a minority of landlords are rogue landlords, they can have a serious impact on the lives of tenants; understands that collective representation has already been successful in ensuring progress on the enforcement of legal rights in employment and other fields; welcomes the additional legal rights established by the Parliament, including in-tenancy deposit protection and the Private Rented Housing (Scotland) Act 2011; believes that seeking to protect responsible tenants from rogue landlords does not conflict with also seeking to protect law-abiding landlords from irresponsible tenants; is open-minded to evidence for further changes to improve protection for tenants and landlords, should this be shown to be necessary and practical, and looks forward to EPTAG engaging with individuals and authorities across Edinburgh in order to provide grassroots support, guidance and a campaigning voice for private tenants. Record of Members’ Business taken by the Parliament from 8 June 2011

Date MSP Party Subject

8/6/2011 Marco Biagi SNP Green Investment in Edinburgh

9/6/2011 Elaine Murray LAB Ban on Use of Wild Animals in Circuses

15/6/2011 Bob Doris SNP Fighting Sectarianism and Anti-Irish Racism

16/6/2011 Mark McDonald SNP North Sea Taxation

22/6/2011 Elaine Smith LAB There is a Better Way

23/6/2011 Stuart McMillan SNP David MacBrayne Group Supports Coastguards

29/6/11 Margaret Mitchell CON Police Complaints Commissioner for Scotland

30/6/11 Willie Coffey SNP The Scheme

7/9/11 David Stewart LAB Young Drivers

8/9/11 Aileen McLeod SNP Flavour Fortnight 2011

14/9/11 Rob Gibson SNP Remembering the Russian Arctic Convoys

15/9/11 Hugh Henry LAB Upper Clyde Shipbuilders

21/9/11 Bill Kidd SNP UN International Day of Peace, 21 September 2011

22/9/11 Jamie Hepburn SNP Save the Children Report, Making Work Pay – The Childcare Trap

28/9/11 James Dornan SNP Battling Scotland’s Drinking Culture

29/9/11 Paul Martin LAB Stop the Closure of Lightburn Hospital

5/10/11 Rob Gibson SNP Germany Exits Nuclear Energy

6/10/11 Christine Grahame SNP Jeremy Hunt Doesn’t Get the Picture so Neither Does the Borders

26/10/11 Jenny Marra LAB Fuel Poverty in Scotland

2/11/11 Sandra White SNP Mordechai Vanunu, Israel’s Nuclear Whistleblower

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Date MSP Party Subject

3/11/11 James Kelly LAB Nail the Rogues Campaign

9/11/11 Margaret Mitchell CON Prescription Medicine Waste

10/11/11 Liam McArthur LD Damaging Impact of Air Discount Scheme Changes

16/11/11 Dave Thompson SNP The People’s Bible

17/11/11 Siobhan McMahon LAB British Heart Foundation’s Heart Start Event

23/11/11 Jim Eadie SNP Act of Settlement

24/11/11 John Scott CON Provision of Orthopaedic Trauma Services at Ayr Hospital

24/11/11 Christina McKelvie SNP Nuclear Test Veterans

30/11/11 Kevin Stewart SNP St Andrew’s Day

1/12/11 Neil Findlay LAB Community Benefit and the Cumulative Impact of Windfarm Developments in Communities

7/12/11 Sandra White SNP Truth About Youth Project

8/12/11 Rhoda Grant LAB MS, Better Care

14/12/11 Stuart McMillan SNP Commending Petrol and Diesel Watch

15/12/11 Sandra White SNP University of Glasgow Ranked First in the UK

21/12/11 Siobhan McMahon LAB Disability History Month

22/12/11 Jim Eadie SNP 10 Years on from Harkin-Engel, Child Trafficking in the Chocolate Industry

11/01/12 Annabel Goldie CON Volunteer Centre East Dunbartonshire

12/01/12 Margaret Burgess SNP High-interest Payday Loans

18/01/12 Elaine Murray LAB Independence Referendum, Let Wallace Vote

19/01/12 Joan McAlpine SNP Save Introducing in Scotland

25/01/12 Stewart Maxwell SNP Holocaust Memorial Day 2012

26/01/12 Patricia Ferguson LAB Save Glasgow’s Local Train Services

01/02/12 Colin Keir SNP Drum Brae Library and Community Hub Project

02/02/12 Linda Fabiani SNP Assistance Dogs are Working Dogs Too

08/02/12 Jamie McGrigor CON Designation of Special Areas of Conservation

09/02/12 Helen Eadie LAB Celebrating the Value of Co-operatives Internationally

22/02/12 Dennis Robertson SNP Eating Disorders, Raising the Awareness

23/02/12 George Adam SNP Take a Step in 2012 for Fairtrade

29/02/12 Iain Gray LAB Protecting Access to Justice across Scotland

01/03/12 Sandra White SNP BBC Scotland Job Cuts

07/03/12 Humza Yousaf SNP Save Gadburn School

08/03/12 John Park LAB The Living Wage, Tackling In-work Poverty

Record of Members’ Business taken by the Parliament in Session 4

Party SNP LAB CON LD GRN IND TOTAL

Frequency (no.) 30 16 5 1 0 0 52

Frequency % 57.69 30.77 9.62 1.92 0 0 100

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BUREAU - BUSINESS FOR WEEK COMMENCING 12 MARCH 2012

DAY MORNING AFTERNOON

Monday 12 Constituency Constituency

Tuesday 13 Committee Committee

Wednesday 14

1330 Time for Reflection Parliamentary Business Motion (if required) 1335-1505 Stage One Debate: Land Registration (Scotland) Bill 1505-1730 Stage One Debate: Alcohol (Minimum Pricing) (Scotland) Bill Followed by Financial Resolution: Alcohol (Minimum Pricing) (Scotland) Bill 1730 Decision Time Followed by Members Business S4M-01999 Sandra White: Commonwealth Week 2012

Thursday 15

0915 Parliamentary Bureau Motions (if required) 0915-1027 Liberal Democrat Business – Childcare 1027-1140 Liberal Democrat Business – Prisons 1140-1200 General Questions 1200-1230 First Ministers Questions

1415-1455 Themed Questions: Finance, Employment and Sustainable Growth 1455-1630 Stage One Debate: National Library for Scotland 1630-1700 Scottish Government Debate: Local Government Finance (Scotland) Amendment Order 2012 Followed by Parliamentary Bureau Motion (if required) 1700 Decision Time Followed by Members Business debate S4M-01586 Mark McDonald: Changing the January Pay Date

Friday 16 Constituency Constituency

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Wednesday 21

1400 Time for Reflection Parliamentary Business Motion (if required) 1405-1530: European and External Affairs Committee debate: Scottish Parliament’s EU priorities for 2012 1530-1659: Scottish Government Debate: Housing Benefit Reform 1659-1700: Public Body Consent Motion: National Endownment for Science, Technology and the Arts 1700 Decision Time Followed by Members Business S4M-01799 John Lamont: Local Rail Services to Berwickshire and East Lothian

Thursday 22

0915 Parliamentary Bureau Motions (if required) 0915-1140 Labour Party Business 1140-1200 General Questions 1200-1230 First Ministers Questions

1415-1455 Themed Questions: Rural Affairs and the Environment; Justice and the Law Officers 1455-1700 Scottish Government Debate: The UK Government response on the future of Remploy Followed by Parliamentary Bureau Motion (if required) 1700 Decision Time Followed by Members Business debate: S4M-02277 Sarah Boyack: Green Investment Bank


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Wednesday 28

1430 Time for Reflection Parliamentary Business Motion (if required) 1435-1700 Scottish Government Business 1700 Decision Time Followed by Members Business

Thursday 29

0915 Parliamentary Bureau Motions (if required) 0915-1140 Scottish Government Business 1140-1200 General Questions 1200-1230 First Ministers Questions

1415-1455 Themed Questions: Health, Wellbeing and Cities 1455-1700 Scottish Government Business Followed by Parliamentary Bureau Motion (if required) 1700 Decision Time Followed by Members Business debate


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BUSINESS MOTION

Date of Lodging: 13 March 2012

Short Title: Business Motion

Bruce Crawford on behalf of the Parliamentary Bureau: That the Parliament agrees the following programme of business—

Wednesday 21 March 2012

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by European and External Relations Committee Debate: EU priorities for 2012

followed by Scottish Government Debate: Housing Benefit Reform

followed by Public Body Consent Motion: National Endowment for Science,

Technology and the Arts

followed by Business Motion


5.00 pm Decision Time

followed by Members’ Business

Thursday 22 March 2012

9.15 am Parliamentary Bureau Motions

followed by Scottish Labour Party Business

11.40 am General Question Time

12.00 pm First Minister’s Question Time

2.15 pm Themed Question Time Rural Affairs and the Environment; Justice and the Law Officers

2.55 pm Scottish Government Debate: The UK Government response on the future of Remploy




Wednesday 28 March 2012

2.30 pm Time for Reflection


followed by Scottish Government Business

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followed by Business Motion




Thursday 29 March 2012

9.15 am Parliamentary Bureau Motions

followed by Scottish Government Business

11.40 am General Question Time

12.00 pm First Minister’s Question Time

2.15 pm Themed Question Time Health, Wellbeing and Cities Strategy

2.55 pm Scottish Government Business




BUSINESS MOTION



Bruce Crawford on behalf of the Parliamentary Bureau: That the Parliament agrees that consideration of the Social Care (Self-directed Support) (Scotland) Bill at Stage 1 be completed by 14 September 2012.

BUSINESS MOTION



Bruce Crawford on behalf of the Parliamentary Bureau: That the Parliament agrees that the deadline for consideration of the Criminal Cases (Punishment and Review) (Scotland) Bill at Stage 1 be extended to 20 April 2012.

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BUSINESS MOTION



Bruce Crawford on behalf of the Parliamentary Bureau: That the Parliament agrees that the deadline for consideration of the Police and Fire Reform (Scotland) Bill at Stage 1 be extended to 11 May 2012.

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PARLIAMENTARY BUREAU SOCIAL CARE (SELF-DIRECTED SUPPORT) (SCOTLAND) BILL – STAGE 1 TIMETABLE

1. At its meeting on 6 March 2012, the Bureau agreed to recommend to the Parliament that the Health and Sport Committee be designated as the lead committee for consideration of the Social Care (Self-directed Support) (Scotland) Bill at Stage 1.

2. The Bureau is now invited to recommend to the Parliament a deadline of 14 September 2012 for consideration of the Social Care (Self-directed Support) (Scotland) Bill at this Stage. Parliamentary Business Team March 2012

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PARLIAMENTARY BUREAU CRIMINAL CASES (PUNISHMENT AND REVIEW)(SCOTLAND) BILL AND POLICE AND FIRE REFORM (SCOTLAND) BILL – EXTENSIONS TO STAGE 1 TIMETABLES Introduction

1. The Convener of the Justice Committee has written to the Presiding Officer following a recent meeting of the Committee at which members considered the deadlines for the Criminal Cases (Punishment and Review)(Scotland) Bill and the Police and Fire Reform (Scotland) Bill. A copy of the letter is attached. The Committee is seeking extensions to the deadlines for both Bills.

Criminal Cases (Punishment and Review)(Scotland) Bill

2. On 21 December 2011, the Parliament agreed a timetable of 30 March 2012 for Stage 1 consideration of the Criminal Cases (Punishment and Review)(Scotland) Bill.

3. It is proposed that this deadline be extended to allow further time for completion of the Stage 1 report on the Bill.

Police and Fire Reform (Scotland) Bill

4. On 1 February 2012, the Parliament agreed a timetable of 4 May 2012 for Stage 1 consideration of the Police and Fire Reform (Scotland) Bill.

5. It is proposed that this deadline be extended to allow further time for completion of the Stage 1 report on the Bill.

Recommendation

6. The Bureau is therefore invited to recommend to the Parliament that the deadline for consideration of—

Criminal Cases (Punishment and Review)(Scotland) Bill at Stage 1 be extended to 20 April 2012.

Police and Fire Reform (Scotland) Bill at Stage 1 be extended to 11 May 2012.

Parliamentary Business Team March 2012

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Justice Committee Tricia Marwick Presiding Officer Chair, Parliamentary Bureau The Scottish Parliament Edinburgh EH99 1SP

All correspondence c/o:

Justice Committee Clerks Room TG.01

The Scottish Parliament Edinburgh EH99 1SP

Tel: 0131 348 5195

Type Talk Direct No. 18001 0131 348 5195 Fax: 0131 348 5252

[email protected]

March 2012

At its meeting today, the Justice Committee agreed to ask the Parliamentary Bureau to revisit the Stage 1 timetables for both the Criminal Cases (Punishment and Review) (Scotland) Bill and the Police and Fire Reform (Scotland) Bill. Criminal Cases etc Bill The Committee concluded its evidence-gathering on the Criminal Cases (Punishment and Review) (Scotland) Bill on 21 February. Under the current timetable, we are required to publish our draft Stage 1 report by 22 March, in order to meet the agreed Stage 1 deadline of 30 March. Immediately following the conclusion of evidence-taking on that Bill, the Committee started hearing evidence on the Police and Fire Reform (Scotland) Bill. As discussed further below, the Stage 1 timetabling of this important Bill is tight, requiring the Committee to make the best use possible of available meeting days to take evidence from a large number of key stakeholders. This in turn has left the Committee with little time to consider our draft Stage 1 report on the Criminal Cases etc Bill. In addition, developments in relation to Part 2 of this Bill (concerning data protection issues in relation to the Megrahi case) are on-going and we consider there would be merit in allowing more time for them to be resolved. Police and Fire Reform Bill In relation to the Police, etc Bill, the Committee this morning agreed to move an evidence session with the Cabinet Secretary for Justice from 20 March to 27 March. This was on the grounds that to have left things as they were would have made it effectively impossible to agree a Stage 1 report on the Criminal Cases etc Bill within current deadlines. However, we are then required to report on 25 April to meet the current Stage 1 deadline of 2 May. Taking into account the two weeks of Easter recess, this leaves very little time to consider

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what will undoubtedly be a complex and lengthy report, and may in practice be difficult to accomplish. Request for Stage 1 extension Looking at the whole issue in the round, and in recognition of the extent to which the timetabling of the two Bills is interlinked (as is evident from the discussion above), the Committee considers that there would be considerable benefit for the Parliament if the Bureau were to agree to an extension in the timetabling of both Bills, in that it would enable more time for the preparation of two properly considered Stage 1 reports. Accordingly, I am writing to ask the Bureau to recommend to the Parliament a one-week extension in the Stage 1 deadline for both Bills. For the avoidance of doubt, in making this request, I am aware that this would move the deadline for the Criminal Cases Bill until immediately following the Easter recess. It may be helpful to add that the Committee has considered carefully whether it would be possible to meet current deadlines if additional meetings were held (for instance at lunchtime on Wednesdays). The Committee has provisionally pencilled in two additional meetings but considers that, even if these are added, it may be difficult to deliver two fully considered Stage 1 reports within current deadlines. Christine Grahame MSP Convener, Justice Committee

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PARLIAMENTARY BUREAU PUBLIC BODY CONSENT MEMORANDUM: DRAFT PUBLIC BODIES (ABOLITION OF THE ADVISORY COMMITTEE ON HAZARDOUS SUBSTANCES) ORDER 2012 Introduction

1. This paper invites the Bureau to agree to designate a committee to consider a memorandum from the Scottish Government on the draft Public Bodies (Abolition of the Advisory Committee on Hazardous Substances) Order 2012.

2. The Bureau is also invited to consider the overall timescale for the Parliament to decide whether to consent to this order. Background

3. The UK Public Bodies Act 2011 gives UK Ministers the authority (via order making powers) to abolish, merge or transfer the functions of public bodies listed in its schedules. Some of those bodies operate in both the reserved and devolved areas. Section 9 of the Act requires orders that include provision falling within devolved competence to be consented to by the Scottish Parliament.

4. A formal procedure for the Scottish Parliament to give consent to these orders is being considered by the Standards, Procedures and Public Appointments Committee.

5. Under interim arrangements agreed by the Bureau, if an order is brought forward under section 9 of the Act, the Scottish Government will lay a memorandum which gives its views on the order. A lead committee and the Subordinate Legislation Committee will then consider the memorandum and report to the Parliament. The Parliament will finally debate an LCM-style motion in order to give its consent to the order (or not).

6. The draft Public Bodies (Abolition of the Advisory Committee on Hazardous Substances) Order 2012 was laid at Westminster on 27 February 2012. The purpose of the order is to abolish the Advisory Committee on Hazardous Substances and reconstitute it as scientific advisory committee.

7. During the week ending 9 March 2012, the Scottish Government laid before the Parliament a memorandum on the order, which contains a draft motion inviting the Scottish Parliament to give its consent to the making of the order. Lead committee

8. The subject matter of the orders would appear to fall within the remit of the Rural Affairs, Climate Change and Environment Committee.

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Timescale for scrutiny of the order

9. The UK legislation does not set any timescale for the Scottish Parliament to give its consent to orders under section 9 of the Public Bodies Act. The Bureau agreed on 20 December 2011 that it could consider on a case by case basis, when a memorandum is brought forward, whether to set a timescale for parliamentary scrutiny and what this timescale should be. The paper agreed by the Bureau suggested a 40 day period of scrutiny for the orders would be required.

10. This would suggest that a suitable date to schedule the debate on the consent motion in the Chamber would be during the week beginning Monday 30 April. Recommendation

11. The Bureau is invited to agree to designate the Rural Affairs, Climate Change and Environment Committee as lead committee to consider the draft Public Bodies (Abolition of the Advisory Committee on Hazardous Substances) Order 2012 and to ask that Committee to take into account the views of the Subordinate Legislation Committee in its report to the Parliament.

12. The Bureau is also invited to consider whether to set a timescale for parliamentary scrutiny of the order. A suggested date for the Chamber debate on the consent motion is during the week beginning Monday 30 April. The Bureau is also invited to notify the lead committee and the Subordinate Legislation Committee of this date.

Parliamentary Business Team March 2012

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PUBLIC BODY CONSENT MEMORANDUM

DRAFT ADVISORY COMMITTEE ON HAZARDOUS SUBSTANCES (ABOLITION) ORDER 2012

Draft Public Body Consent Motion 1. The draft motion, which will be lodged by the Minister for Environment and Climate Change, is: 2. "That the Parliament consents to the making of the Advisory Committee on Hazardous Substances (Abolition) Order 2012, a draft of which was laid before the United Kingdom Parliament on 27 February 2012 and which makes provision which would be within the legislative competence of the Parliament if it were contained in an Act of that Parliament." 3. This memorandum has been lodged by Stewart Stevenson, Minister for Environment and Climate Change, in accordance with interim arrangements agreed by the Parliamentary Bureau at its meeting on 20 December 2011.

Background

UK Public Bodies Act 2011

4. The UK Public Bodies Act 2011 (―the 2011 Act‖) gives UK Ministers the authority (via order making powers) to abolish, merge or transfer the functions of public bodies listed in its schedules, and some of those bodies operate in both the reserved and devolved areas. Section 9 of the 2011 Act acknowledges the scope for incursion into devolved interests by requiring orders that include provision falling within devolved competence to be consented to by Holyrood. 5. On 20 December 2011 the Parliamentary Bureau approved interim arrangements for handling requests for consent to orders triggering section 9 of the 2011 Act. Advisory Committee on Hazardous Substances 6. The ACHS was established in 1991 under Sections 140(5) and 142 of the Environmental Protection Act (EPA)1990 which seeks to prohibit or restrict the supply, use and storage of substances hazardous to the environment, human health or plants and animals. 7. As a NDPB, ACHS operates at arms length from Government. Whilst the sponsor department, Defra, has a role to support and challenge ACHS, it does not direct ACHS or its work programmes and its strategy is determined by its members.

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UK Government reform proposal 8. ACHS has a scientific remit but was established to deliver a specific statutory function. That function is no longer required but there is still a need for officials and Ministers to have access to independent scientific advice on issues relating to hazardous substances. This is the reason why it is intended to establish a scientific committee. This committee will not be a statutory body but will allow a more flexible and integrated approach to the use of scientific evidence to support policy. 9. The regulatory landscape for chemicals has changed since the ACHS was established twenty years ago, principally with the adoption of REACH, which, as an EU regulation, applies directly in all EU Member States without the need for transposition into national legislation. There will be no future need for separate UK chemicals control legislation while REACH remains in force, except where an emergency control is needed under the REACH Article 129 ‗safeguard clause‘. 10. At the same time the REACH regime has opened up new areas where the Committee‘s scientific expertise can be brought to bear to support UK policy in this wider context. 11. To address these changes, Defra held a public consultation on proposals to abolish the ACHS and reconstitute it as a scientific advisory committee. The main reasons behind the proposals are:

Defra is putting its scientific advisory committees on a new footing to strengthen its science and evidence base to support policy.

Statutory bodies could be overtaken by legislative developments – particularly where these stem from Europe. For example it was the case that for the regulation of hazardous substances the field is now largely occupied by the EU REACH regime, (obviating the need for domestic regulations). This reform reflected the position that we no longer required the ACHS to discharge statutory obligations with regard to domestic regulations.

The committee retained an independent and technical advisory function in a sensitive area which Government required, which society valued, and which was best delivered through other arrangements, and for which the status of expert scientific committee best described its role and function.

The reconstitution of advisory NDPBs as expert scientific committees was about improving transparency and accountability, and enabling Defra to have continued access to independent, authoritative and cost effective advice to support Government policies.

12. There are no anticipated risks for ACHS or its activities as a result of the proposed changes, and there will be no negative effect on ACHS's work as a consequence of its transition to a scientific committee.

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Implications for Scotland 13. The reconstituted expert scientific committee will continue to provide advice as necessary to Scottish Ministers. Scottish Government position

14. The Scottish Government is supportive of the proposal to reconstitute ACHS an expert scientific committee. The order-making powers in the Public Bodies Act are designed to enable UK Ministers to take forward the reform of a substantial number of public bodies for which the UK Government is responsible. This is consistent with the Scottish Government‘s continuing commitment to simplify and streamline the public bodies landscape in Scotland.

15. The responses to the consultation provided no evidence of opposition within Scotland to the proposals, nor any evidence that the reconstitution of ACHS would give rise to any detriment to the existing relationship between ACHS and any Scottish organisations.

The ACHS Order 16. A draft Order to abolish the Advisory Committee on Hazardous Substances (ACHS) using powers contained in the Public Bodies Act 2011 was laid before the UK Parliament on 27 February 2012. Copies of the draft ACHS Order and the accompanying draft explanatory memorandum, as laid at Westminster, are provided in Annexes A & B. 17. Although the Scottish Parliament does not have the competence to abolish ACHS across the whole of the UK (which is the effect of article 2 of the Order), it is the effect of the abolition itself, in particular in relation to the removal of ACHS‘s functions in Scotland, which falls within the competence of the Scottish Parliament. This is because the functions which ACHS exercises in Scotland relate broadly to devolved matters and accordingly, it would be open to the Scottish Parliament to legislate to provide that some or all of ACHS‘s devolved functions are no longer to be exercisable in Scotland. 18. The Order abolishes the Advisory Committee on Hazardous Substances (ACHS), established under section 140(5) of the Environmental Protection Act 1990, and makes repeals and revocations (including the repeal of the power to appoint a committee) associated with the abolition. The ACHS is one of the bodies listed in Schedule 1 of the Public Bodies Act 2011 which can be abolished by secondary legislation, under powers in that Act. 19. The abolition of the ACHS as a statutory Non Departmental Public Body, and its reconstitution as an expert scientific committee, is an outcome of the Government‘s 2010 review of public bodies. The ACHS must be abolished before its replacement can be put in place.

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20. The successor body will operate within an enhanced framework for scientific bodies in Defra, and with new terms of reference which reflect changes in the regulatory landscape for hazardous substances since the ACHS was established twenty years ago. The successor body will continue to provide expert, impartial and independent advice to Ministers and others.

Consultation

21. The consultation closed on 14 October 2011 and the results indicated strong support for the proposed policy of abolition as a NDPB and reconstitution as an expert scientific committee.

Financial Implications

22. We do not anticipate that any new costs will fall on the Scottish Government or public bodies in Scotland as a direct result of the provisions in the Order.

Conclusion

23. Accordingly the Government invites the Parliament to consent to the making of the Advisory Committee on Hazardous Substances (Abolition) Order 2012, a draft of which was laid before the UK Parliament on 27 February 2012 and which makes provision which would be within the legislative competence of the Parliament if it were contained in an Act of that Parliament.

Scottish Government March 2012

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ANNEX A

Draft Order laid before Parliament under section 11 of the Public Bodies Act 2011, for approval by resolution of each House of Parliament after the expiry of the 40-day period referred to in section 11(4) of that Act.

D R A F T S T A T U T O R Y I N S T R U M E N T S

2012 No. [XXXX]

ENVIRONMENTAL PROTECTION

HEALTH AND SAFETY

PUBLIC BODIES

The Advisory Committee on Hazardous Substances (Abolition) Order 2012

Made - - - - ***

Coming into force in accordance with article 1

The Secretary of State, in exercise of the powers conferred by sections 1(1), 6(1) and (5) and 35(2) of the Public Bodies Act 2011(1) (―the Act‖), makes this Order.

In accordance with section 8 of the Act, the Secretary of State considers that this Order—

(a) serves the purpose of improving the exercise of public functions, having had regard to the factors set out in section 8(1); and

(b) does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.

The consent of the Scottish Parliament and the consent of the National Assembly for Wales have been obtained in accordance with section 9(1) and (6) of the Act.

The Secretary of State makes this Order after consultation in accordance with section 10 of the Act.

(1) 2011 c. 24.

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The Secretary of State has consulted the Scottish Ministers in accordance with section 88(2) of the Scotland Act 1998(2) and the Welsh Ministers in accordance with section 63(1) of the Government of Wales Act 2006(3).

A draft of this Order, and an explanatory document containing the information required in section 11(2) of the Act, have been laid before Parliament in accordance with section 11(1) of the Act after the end of the period of twelve weeks mentioned in section 11(3) of the Act. In accordance with section 11(4) of the Act, the draft of this Order has been approved by a resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.

2.Citation and commencement

1.—(1) This Order may be cited as the Advisory Committee on Hazardous Substances (Abolition) Order 2012.

(2) The Order comes into force on the day after the day on which it is made, except as provided by paragraph (3).

(3) In respect of the final entry (Public Bodies Act 2011) in the table of repeals in the Schedule, article 5 comes into force on the second day after the day on which the Order is made.

2.Abolition of the Advisory Committee on Hazardous Substances

3. The committee established under section 140(5) of the Environmental Protection Act 1990(4) is abolished.

4.Repeals and revocations

5. The provisions mentioned in the Schedule are repealed or revoked to the extent specified. Name Parliamentary Under Secretary of State Date Department for Environment, Food and Rural Affairs

(2) 1998 c. 46.

(3) 2006 c. 32.

(4) 1990 c. 43. The Advisory Committee on Hazardous Substances was established by the Advisory

Committee on Hazardous Substances Order 1991 (S.I. 1991/1487).

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SCHEDULE Article 3

Repeals and revocations

Table of repeals

Short title Extent of repeal

Environmental Protection Act 1990 Section 140(5) (power to establish committee).

In section 140(6)—

(a) paragraph (a) (duty to consult committee), and

(b) in paragraph (b), the words ―having consulted the committee,‖.

Section 142(3) (duty to consult committee).

Schedule 12 (injurious or hazardous substances: advisory committee).

Parliamentary Commissioner Act 1967(5)

In Schedule 2 (departments etc subject to investigation), the entry relating to the Advisory Committee on Hazardous Substances.

House of Commons Disqualification Act 1975(6)

In Part 2 of Schedule 1 (bodies of which all members are disqualified), the entry relating to the Advisory Committee on Hazardous Substances.

Freedom of Information Act 2000(7) In Part 6 of Schedule 1 (bodies that are public authorities for the purposes of the Act), the entry relating to the Advisory Committee on Hazardous Substances.

Public Bodies Act 2011 In Schedule 1 (power to abolish: bodies and offices), the entry relating to the Advisory Committee on Hazardous Substances.

(5) 1967 c. 13. Schedule 2 was substituted by S.I. 2011/751.

(6) 1975 c. 24. The reference to the Advisory Committee on Hazardous Substances was inserted by

S.I. 1993/1572. (7) 2000 c. 36.

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Table of revocations

Title Extent of revocation

The Advisory Committee on Hazardous Substances Order 1991(8)

The whole Order.

The Advisory Committee on Hazardous Substances (Terms of Office) Regulations 1991(9)

The whole Regulations.

The House of Commons Disqualification Order 1993(10)

In Schedule 1 (amendments of schedule 1 to the House of Commons Disqualification Act 1975), the entry relating to the Advisory Committee on Hazardous Substances.

The Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999(11)

In the Schedule, the entry relating to the Advisory Committee on Hazardous Substances.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order abolishes the Advisory Committee on Hazardous Substances, established under section 140(5) of the Environmental Protection Act 1990 (c. 43), and makes repeals and revocations (including the repeal of the power to appoint a committee) associated with the abolition.

No impact assessment has been prepared in respect of this instrument as no costs to the business or voluntary sectors is foreseen.

(8) S.I. 1991/1487.

(9) S.I. 1991/1488.

(10

) S.I. 1993/1572. (11

) S.I. 1999/1319, to which there are amendments not relevant to this Order.

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ANNEX B

EXPLANATORY DOCUMENT TO THE ADVISORY COMMITTEE ON HAZARDOUS SUBSTANCES (ABOLITION)

ORDER 2012 2012 No. [XXXX]

1. This explanatory document has been prepared by the Department for Environment, Food and Rural Affairs and is laid before Parliament by Act. 2. Purpose of the instrument The draft Order abolishes the Advisory Committee on Hazardous Substances (ACHS), established under section 140(5) of the Environmental Protection Act 1990, and makes repeals and revocations (including the repeal of the power to appoint a committee) associated with the abolition. The ACHS is one of the bodies listed in Schedule 1 to the Public Bodies Act 2011 which can be abolished by secondary legislation, using powers in that Act. 3. Matters of special interest to the Joint Committee on Statutory Instruments None. 4. Legislative Context The draft Order is one of the first to make use of the power in section 1 of the Public Bodies Act 2011 to abolish a body listed in Schedule 1 to that Act. The draft Order also amends other legislation to remove references to the ACHS. Amendments were tabled in debates in both Houses to prevent the ACHS from being listed in Schedule 1 of the Act but these were subsequently withdrawn, once the Government explained the rationale for their position and gave assurances about the successor body, in particular its independence from Ministers. 5. Territorial Extent and Application This instrument extends to the United Kingdom. 6. European Convention on Human Rights The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs, Lord Taylor of Holbeach, has made the following statement regarding Human Rights: In my view the provisions of the Advisory Committee on Hazardous Substances (Abolition) Order 2012 are compatible with the Convention Rights.

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7. Policy background The abolition of the ACHS as a statutory Non Departmental Public Body, and its reconstitution as an expert scientific committee, is an outcome of the Government‘s 2010 review of public bodies. The ACHS must be abolished before its successor is put in place. The successor body will operate within an enhanced framework for scientific bodies in Defra, and with new terms of reference which reflect changes in the regulatory landscape for hazardous substances since the ACHS was established twenty years ago. The successor body will continue to provide expert, impartial and independent advice to Ministers and others. Compliance with the purpose test in section 8 (1) of the Public Bodies Act 2011 The reform of the ACHS is also part of measures led by the Government Chief Scientific Adviser to increase the transparency, accountability, efficiency and effectiveness of scientific advisory bodies, for the delivery of independent and high quality scientific advice. By adhering to the Government Code of Practice for Scientific Advisory Committees, the successor body will remain independent, and where appropriate, retain the capacity to submit advice directly to Ministers. The work of the successor body will fall under new arrangements to strengthen the science and evidence base to support policy across Defra. The new body will operate within a closer network of expert bodies overseen by Defra‘s Chief Scientific Adviser, supported by his Science Advisory Council. This will provide greater scrutiny and co-ordination of scientific advice in the Department. There is now less need for advice on domestic regulations given the advent of a directly applicable EU regime for regulating chemicals since the ACHS was established. However, there remains a need for general independent advice on hazardous substances, including on the aspects of this wider regime. This reform will give the successor body new, broader and more strategic and flexible terms of reference. Taken together these changes will improve the continued exercise of the public functions of this body. Compliance with the conditions in section 8 (2) of the Public Bodies Act 2011 Although the draft Order does not go beyond the abolition of the ACHS – the Minister considers that these conditions are met by virtue of the fact that the Government intends to reconstitute the committee as an expert scientific committee to continue its work, after the draft Order comes into force. This will maintain the flow, openness and independence of advice on the hazards and risks of chemicals in the environment. The governance arrangements that will support the Department‘s new expert scientific committees will ensure that they provide advice that is clearly independent from Government. 8. Consultation outcome

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8.1 Defra started a consultation on 7 July 2011 on the future of the ACHS (www.defra.gov.uk/consult/2011/07/07/achs/), and asked for views to be expressed by 14 October 2011. The primary purpose of the consultation was to invite views on - (i) the proposed abolition of the ACHS as a statutory Non Departmental Public Body, using the powers contained in the Public Bodies Bill which was before Parliament at the time, following the Government‘s Arms Length Body Review; and (ii) the Government‘s preferred option to simultaneously reconstitute this body as a new expert scientific committee. 8.2 The three options in the consultation were: Option A Do not abolish the ACHS as an advisory statutory NDPB Option B Abolish the ACHS and put nothing in its place Option C Abolish the ACHS and reconstitute it as an expert scientific committee The consultation also sought views on proposed new Terms of Reference, and a name, for the successor body. 8.3 Around 120 interests were invited to comment (in addition to publicising the consultation on the Defra and ACHS websites). There was limited public interest in the consultation as only 16 responses were received. 13 of the 16 respondents gave a view on the options in the consultation, and 11 of them favoured option C, which was the Government‘s preferred option. One of the 11 respondents could also support option A. Of the two other respondents (out of the 13), one favoured Option B and one favoured option A, but with clearer and extended responsibilities for the committee. Three respondents did not offer a view on the options, though one of them wished scientific advice to continue to be available. In view of the strong support expressed during this consultation for the Government‘s preferred option, Defra is proceeding as planned to lay a draft Order to abolish the ACHS. No further consultation is necessary. 9. Guidance 9.1 The consultation document issued on 7 July also invited views on draft terms of reference and a name for the successor body. These aspects will be finalised after further discussion, in time for the first meeting of the successor expert scientific committee. 10. Impact 10.1 This Order has no impact on business, charities or voluntary bodies. It does not impose any new costs, administrative burdens or information obligations. 10.2 The impact on the public sector is neutral as a successor body will be established with the same level of Secretariat support from Defra.

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10.3 An Impact Assessment has not been prepared for this instrument for the reasons mentioned above (and was not required for the consultation). 11. Regulating small business The legislation does not apply to small business. 12. Monitoring & review The body which replaces the ACHS will continue to work openly, and papers for meetings will continue to be available, and members of the public and specialist chemical press and other stakeholders will be able to attend meetings. The terms of reference for the new committee will be kept under review, in line with Cabinet Office guidelines for such bodies. The oversight of the successor committee by the Defra Chief Scientific Adviser, supported by the Defra Science Advisory Council, will provide an additional level of peer review and scrutiny. 13. Contact Patrice Mongelard at the Department for Environment, Food and Rural Affairs – Tel 0207 238 5719 or email [email protected]

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ANNEX C Proposed Terms of Reference for the Expert Scientific Committee on Hazards and Risks of Chemicals in the Environment

- To advise officials, UK12 Ministers, and other relevant bodies, on request or otherwise:

- on matters of relevance at a domestic, European and global level, relating to the protection of the environment, and human health via the environment, from potentially hazardous substances and articles, including nanomaterials; including on future issues of concern, on impacts and on wider strategic linkages; - on the assessment of risks associated with potentially hazardous substances and articles, including nanomaterials; - on research needs and other evidence gaps relating to potentially hazardous substances and articles, including nanomaterials; including analysing, interpreting, and assessing the quality and relevance of, evidence.

- To advise officials and UK Ministers, on request or otherwise, on policy development and evaluation, including the impact of different policy options; the assessment of new regulations and deregulation, and the development of voluntary initiatives, best practice advice and formal guidance, which are relevant to their remit.

- To report to, and engage with, the DEFRA Chief Scientific Adviser, and through them, the DEFRA Science Advisory Council.

- To support the DEFRA Chief Scientific Adviser, as necessary (and if willing) during emergencies.

- To operate in line with the Government‘s Principles for Scientific Advice and the Code of Practice for Scientific Advisory Committees.

The lead DEFRA Minister for this committee will:

- Set Terms of Reference for the committee;

- Agree strategic work plans, receive reports and advice; and

- Receive periodic reviews of the committee‘s functions and value for money;

- Consult the Devolved Administrations and other Departments as appropriate, about the committee and its work.

12

Includes Ministers in the Devolved Administrations

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PARLIAMENTARY BUREAU APPROVAL OF SCOTTISH STATUTORY INSTRUMENT Introduction

1. The Bureau is invited to agree the following motion—

Bruce Crawford on behalf of the Parliamentary Bureau: That the Parliament agrees that the Public Services Reform (Recovery of Expenses in respect of Inspection of Independent Further Education Colleges and English Language Schools) (Scotland) Order 2012 [draft] be approved.

Purpose Public Services Reform (Recovery of Expenses in respect of Inspection of Independent Further Education Colleges and English Language Schools) (Scotland) Order 2012 [draft]

2. The purpose of the Order is to amend section 72 of the Education (Scotland) Act 1980 to allow Scottish Ministers to recover from certain educational establishments the costs of Education Scotland in carrying out an inspection of them under section 66(1) of that Act, following a request by an establishment for an inspection.

3. The Order is made under section 17 of the Public Services Reform (Scotland) Act 2010. Section 17 permits orders to be made which remove or reduce “burdens” resulting directly or indirectly from legislation. Consideration by committee

4. The Education and Culture Committee considered the instrument at its meeting on 6 March 2012. The motion to approve the instrument was agreed to without debate or dissent. Parliamentary Business Team March 2012

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PARLIAMENTARY BUREAU APPROVAL OF SCOTTISH STATUTORY INSTRUMENT Introduction

1. The Bureau is invited to agree the following motion—

Bruce Crawford on behalf of the Parliamentary Bureau: That the Parliament agrees that the Scottish Social Housing Charter be approved.

Purpose Scottish Social Housing Charter

2. The Charter is subject to the affirmative procedure (Rule 10.6) and it is for the relevant Committee to recommend to the Parliament (through the Bureau) whether the Charter should be approved.

3. As required by section 31 of the Housing (Scotland) Act 2010, the Scottish Ministers, in the Scottish Social Housing Charter, set out the standards and outcomes that all social landlords should aim to achieve when performing their housing activities.

4. The Act includes powers to modernise the regulation of social housing. It creates an independent Scottish Housing Regulator to look after the interests of tenants, homeless people and others who use the services that social landlords provide.

5. The Regulator will use the Charter as the starting point for assessing a landlord's

performance. The Regulator will publish performance reports, and be able to set performance improvement targets. Consideration by committee

6. The Infrastructure and Capital Investment Committee considered the instrument at its meeting on 8 February and the Charter was subsequently amended in response to a point raised by the Committee. At its meeting on 7 March 2012, the motion to approve the Charter was agreed to without dissent. Parliamentary Business Team March 2012

PB/S4/12/132

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PARLIAMENTARY BUREAU REMOVAL OF MOTIONS FROM THE BUSINESS BULLETIN Background

1. Under Rule 8.2.8 of Standing Orders, the Bureau may remove from the list of admissible motions any motion that has been on the list for more than six weeks without a date for it to be taken by the Parliament being appointed in the business programme.

2. The Bureau has previously agreed that all motions should be removed from the Bulletin after six weeks (excluding recess time) unless:

(a) the motion has the support of at least 30 other Members and these supporters came from more than two political parties (note that in cases where the number of supporters exceeds 30, the topicality of the motion and the extent of the recent support have also been taken into account when making these recommendations); or

(b) the motion remains highly topical; or

(c) the motion has been selected for Members’ Business.

3. The attached spreadsheet lists all motions over six weeks old on 28 February 2012

(i.e. those lodged on or before 24 January 2012) and includes the number of supporters and date of the most recent registration of support.

4. Based on the criteria in paragraph 2, it is recommended that the following motions from the attached list be retained (these have been marked for consideration for Members’ Business and are not linked to a specific date e.g. a commemoration day; it is intended that, if any of these motions have not been debated by the date of the next review, they are deleted).

S4M-01454 Sandra White Glasgow’s international financial district

S4M-01548 Annabelle Ewing Radioactive particles at Dalgety Bay

S4M-01556 Christine Grahame The work of Citizens’ Advice Scotland

S4M-01570 Rob Gibson Remember Cunninghame Graham

S4M-01606 Christina McKelvie Access to employment tribunal

S4M-01625 Annabelle Ewing Job losses at Vector Almondbank

S4M-01633 Jamie Hepburn Scottish Premier League decision to allow terracing

S4M-01663 Jamie McGrigor 2012, Year of Scotland’s Islands

S4M-01666 Stuart McMillan Cable and metal theft

S4M-01710 Colin Keir Royal Highland voted top show

S4M-01725 Aileen McLeod CIFAL Scotland, a new UN voice for Scotland

S4M-01763 Alex Fergusson A road to health

S4M-01764 Stuart McMillan No to Team GB

S4M-01799 John Lamont Local rail services to Berwickshire and East Lothian

PB/S4/12/132

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Conclusion

5. Members are asked to agree that that the above motions are retained. Parliamentary Business Team March 2012

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