| Copies of all Orders made to date under section 30(2) and section 63 of
the 1998 Act, together with the Explanatory Note to each Order, accompany this
memorandum. |
| For ease of reference, section 30(2) of the 1998 Act provides for the
modification of Schedules 4 and 5 of the Scotland Act and thereby permits alterations to
the legislative competence of the Scottish Parliament. Section 63 of the 1998 Act enables
Her Majesty, by Order in Council, to provide for the transfer to the Scottish Ministers of
functions of a Minister of the Crown which are exercisable in or as regards Scotland, even
although they relate to reserved matters. It also enables such functions to be shared with
the Scottish Ministers or to be exercised by a Minister of the Crown only with the
agreement of, or after consultation with, the Scottish Ministers. |
| 7. Background to each occasion where SE Ministers have led a UK
delegation at the EU Council of Ministers |
| The table attached at Annex E to this memorandum provides
information on EU Council of Ministers meetings where SE Ministers have led the UK
delegation. The Commission asked what criteria are used for deciding which Minister should
lead the UK delegation. Discussions on the composition of UK delegations to meetings of
the Council are normally conducted on a confidential basis. However the Commission may
find it helpful to note the terms of the following answer given on 26 March 2002 in the
Parliament Chamber by the Deputy First Minister, in response to Richard Lochead MSP who
had asked what criteria apply to councils to decide attendance: |
| "A set of criteria does not necessarily apply in such cases.
There is an obsession with who leads and who sits at the table, but what those people say
is far more important. I believe that John Home Robertson has spoken at Council of
Ministers meetings, although he has not led. I have spoken at a Council meeting, although
I have not led". |
| "The work that is done in advance of agriculture council
meetings involves good co-operation – the discussion can be pretty robust, too. The
exchanges between the Scottish, Northern Irish, Welsh and UK ministers mean that the
Scottish interest is well represented in what is said. It does not matter so much who
– nominally – has the lead; the Scottish interest is being expressed. The
importance of Council meetings is diminished when one is obsessed with who sits where,
rather than what they say". |
| 8. Figures for MSP’s salaries and allowances |
| Members’ salaries are of course a matter for the Scottish
Parliament rather than the Executive. However the following recent development may be of
interest. |
| In June 2001, the Presiding Officer and the then First Minister, Mr
McLeish, asked the Senior Salaries Review Body (SSRB) to carry out a review of salaries,
allowances and pension benefits for MSPs and Members of the Scottish Executive. The
subsequent report on Scottish Parliamentary salaries and allowances was published shortly
before Christmas 2001. The SSRB report was an independent one, and the first which has
been carried out since devolution. |
| On 21 March 2002 the Parliament passed a resolution tabled by the
Scottish Parliamentary Corporate Body (SPCB) which implemented the SSRB'’ pay
recommendations. One of these recommendations was that the MSP salary should be set at
87.5% of the Westminster MP salary. The effect of the new resolution was therefore to put
in place an automatic mechanism which will ensure that MSP’s salaries are uprated on
1 April each year in such a way as to maintain their salary at 87.5% of the salary payable
to a Member of the House of Commons, as the SSRB recommended. |
| The salary rate for MSPs from 1 April 2002 is £48,228. |
| Members Support Allowance (MSA) - £49,300 pa to cover staff and
local office costs. The MSA is intended to enable MSPs to employ the equivalent of 2
fulltime support staff. |
| Ministers salaries (including MSP salary) from 1 April 2002
– |
| First Minister £118,089 |
| Minister/Presiding Officer £84,468 |
| Deputy Minister/DPOs £70,927 |
| Lord Advocate £95,577 |
| Solicitor General £82,465 |
|
| The annual increase in Ministers’ salaries (including those of the
First Minister and the Law Officers) will in future be exactly the same as the % increase
for MSPs. |
| It will be for the Scottish Parliament Corporate Body (SPCB), not the
Executive, to keep these arrangements under review and, if appropriate, to seek
independent advice on what further changes should be made in the future. The SPCB would be
required to consult the First Minister before making any changes to Ministerial salaries. |
| 9. Direct running costs of the Scottish Parliament |
| The direct running costs of the Parliament are provided below.
Responsibilities assigned to the Scottish Parliament Corporate Body to meet certain costs,
eg running costs of the Parliamentary Commissioners and the salaries of Ministers, the
Solicitor General and the Lord Advocate, are also included. |
| 1999-00 £25,392,000 |
| 2000-01 £35,174,000 |
| 2001-02 £39,889,000 |
| 2002-03 £55,457,000 (forecast) |
| 2003-04 £57,586,000 (future plans) |
|
| 10. SE staffing numbers since devolution and the administrative
costs of the Executive over the same period. |
| SE staffing/costs |
| Actual SE Core staff numbers as at January 2003 stand at 4257.7
(full time equivalent) an increase of 1,057.7 over April 1998 levels. |
| In 1998-00 the total expenditure on the Scottish Executive
Administration budget was £158.7 million, in 2002-03 total planned expenditure on
administration has risen to £218.5 million. However, spending on administration in
2002-03 is only £25.6 million higher than 1998-99 when put on a like for like basis. |
| 11. Costs associated with the development of primary legislation
– Bill team costs |
| The Permanent Secretary undertook to see if it was possible to quantify
the staffing costs associated with the production of primary legislation. |
| An estimate of the staffing costs of a typical Bill team is provided
below. These figures represent a very ‘broad brush’ estimate: the actual costs
will of course vary considerably from Bill to Bill, depending on the length, complexity
and duration of each individual Bill. |
| The estimated annual costs for a medium sized Bill are as
follows (these staff costs include pension/NI costs but not overhead costs): |
| Grade 5: 30% time £22.2K |
| C1 (Bill Manager and Policy): 80% £40K |
| C1 (Policy): 70% £35K |
| B3 x2: 90% = (£33.3K x 2) £66.6K |
| B1 x2: 50% = (£11K x 2) £22K |
| A3: 50% £8K |
|
| Sub total £193.8K |
| Added to that are C1 x 12 (miscellaneous policy input from other
Executive interests): 5%= (£2.5K x 12). 30K Grand total for Bill team £223.8K |
| It is estimated that the Office of the Solicitor to the Scottish
Executive (OSSE) spends approximately 67% of its time processing primary/subordinate
legislation, and this equates to a figure of £2.5 million per annum. Further, the Office
of the Scottish Parliamentary Counsel (OSPC) by nature of course spends 100% of its time
drafting legislation. OSPC costs are approximately £800K per annum. |
| A further consideration is the amount of cost incurred by the Executive
from its monitoring of Private Member’s and Committee Bills. Past experience has
shown that the time spent on such work can on occasion closely mirror that spent on
Executive Bills. |
| 12. Budget Bill process |
| The Commission asked for a detailed explanation of the Executive’s
Budget process, a summary of which is provided below. |
| Background |
| The Budget Bill process starts a year before the start of the relevant
financial year, with the publication by the Executive of the Annual Expenditure Report (AER)
in the April of the preceding year. This sets out the broad priorities for the
Executive’s Plans. It was originally intended to be a high level document, but at the
Parliament’s request, has been extended to include most of the detail then available.
The AER is a consultation document, and Ministers use it to seek views from a wide range
of interested parties, including through our "Budget Roadshows" held at
different locations each year. |
| The Parliament’s Finance Committee take evidence on the AER,
culminating in a full Chamber Committee debate just before the recess. On the
Parliament’s return, the Executive tables the Draft Budget, a further
consultation document giving proposed detailed plans, details of related targets and so
on. There is an agreement that – except in Spending Review years – this will be
tabled by 20 September. |
| Each of the Parliamentary Subject Committees which shadow Executive
Departments hold sessions on the relevant sections of the Draft Budget, almost invariably
including taking evidence from the relevant Minister and their officials. The subject
committees then report to the Finance Committee, which holds its own hearings and produces
a full report (this year’s is available via the Parliament website). It is open to
the subject Committees and individual MSPs to propose amendments to the Executive’s
plans as outlined in the draft Budget, provided these amendments identify where any
increases are to be found. |
| There is a further full Chamber Committee debate on the
Committee’s report, usually just before the Christmas recess. This year for the first
time an individual MSP did table an amendment – though the Finance Committee felt
unable to support it. |
| Following the debate on the Committee’s "Stage 2"
Report, the Executive brings forward the Budget Bill. Again, there is an agreement
that this will be Introduced in the Parliament by a set date (20 January). Once this stage
is reached only the Executive can table amendments to the Bill. The Bill follows the
normal 3 stage process – stage 1 is a full chamber debate before royal assent is
sought. However, given the nature of the Bill, a compressed timetable is often used to
make sure the Bill comes into effect before the start of the financial year to which it
applies (a noticeable difference to Westminster). |
| There is no limit to the number of revisions to the Budget Act
that the Executive can bring forward during the year to which it applies, but
traditionally this has been done in the Autumn (largely to cover the take up of End Year
Flexibility) and in the late Spring (to reflect any transfers from Whitehall carried
forward at Westminster by the Winter and Spring Supplementaries). Revisions are made by
Statutory Instrument, and are subject to the procedures set out for subordinate
legislation in the Parliament’s Standing Orders – in essence, the draft SSI is
considered by the Subordinate Legislation Committee and the Finance Committee (usually
including taking evidence from the Minister and the officials), and there is then a
Chamber vote on the Finance Committee’s recommendation that the SSI be approved
(providing they so recommend). |
| Relevant documents |
| A copy of the current Budget Bill and its supporting documentation, one
copy of the Annual Expenditure Report (AER) and the AER summary, and copies of the Draft
Budget Document accompany this memorandum. It is hoped that this information will
provide the Commission with a sufficient overview of our budget cycle. However, for
reference, the set of documents listed below (all of which are, or shortly will be,
available on the SE website) represent the complete picture for the forthcoming financial
year (2003-04): |
| The Annual Expenditure Report and summary (published April 02) |
| The Spending Review documents (published Sept 02) |
| The Draft Budget document and summary (published Oct 02) |
| The Budget Bill and Supporting Document (published Jan 03) |
| The Autumn Budget Revision and Supporting Document (anticipated Oct 03) |
| The Spring Budget Revision Document (anticipated Jan 04) |
|
| SEWEL MOTIONS ANNEX A |
| 1. Food Standards Bill: SPOR 23 June 1999: Col 675-694 |
| "That the Parliament endorses the principle of a UK Food Standards
Agency as set out in the Food Standards Bill and agrees that the Bill should be considered
by the UK Parliament". |
| 2, 3. & 4. Financial Services and Markets Bill, Electronic
Communications Bill and Limited Liability Partnerships Bill: SPOR 23 June 1999: Col
694-703 |
| "That the Parliament agrees that the Financial Services and
Markets Bill, the Electronic Communications Bill and the Limited Liability Partnerships
Bill should be considered by the UK Parliament". |
| 5. Sea Fishing Grants (Charges) Bill: SPOR 8 Dec 1999: Col 1323 |
| "That the Parliament accepts the need to establish the validity of
charges levied by the Sea Fish Industry Authority and the Herring Industry Board as set
out in the Sea Fishing Grants (Charges) Bill and agrees that the Bill should be considered
by the UK Parliament". |
| 6. Representation of the People Bill: SP0R 13 January 2000: Col 187 |
| "That the Parliament endorses the principles of ensuring
consistency of absent voting provisions for parliamentary and local elections in Scotland
as set out in the Representation of the People Bill and agrees that the relevant provision
to achieve this end in the Bill should be considered by the UK Parliament". |
| 7. Sexual Offences (Amdt) Bill: SPOR 19 January 2000: Col 276-288 |
| "That the Parliament endorses the principles of equalising the age
of consent for homosexual and heterosexual activity and creating a new criminal offence of
breach of trust as set out in the Sexual Offences (Amendment) Bill considered by the UK
Parliament in the 1998-99 parliamentary session and agrees that the UK Parliament should
consider any Bill introduced in the same terms in the current sessions". |
| 8. Political Parties, Elections and Referendums Bill (1): SPOR 9
March 2000 Col: 645 |
| "That the Parliament endorses the principle of the providing the
Scottish Ministers with enabling powers (subject to the control of the Scottish
Parliament) which will allow for the future option of:- |
| transferring any of the functions of the Local Government Boundary
Commission for Scotland to the Electoral Commission; |
| conferring on the Electoral Commission the function of monitoring
compliance with any enactments relating to candidates’ expenses at Scottish local
government elections; |
| allowing the Electoral Commission to provide advice and assistance to
returning officers at Scottish local government elections; and allowing the Electoral
Commission to promote public awareness of systems of local government and electoral
systems in Scotland; |
| also endorses the principle of amending section 75 of the Representation
of the People Act 1983 to increase the limit on election expenses incurred by persons
other than candidates, election agents or persons authorised by them to £50 plus 0.5p per
elector for Scottish local government elections and agrees that provisions to these ends
should be considered by the United Kingdom Parliament as part of the Political Parties,
Elections and Referendums Bill". |
|
| 9. Regulation of Investigatory Powers Bill: SP0R 6 April 2000: Col
1462-1479 |
| "That the Parliament endorses the principle of ensuring that the
use of investigatory techniques is compatible with the European Convention on Human
Rights, as set out in the Regulation of Investigatory Powers Bill, and agrees that the
provisions within that Bill that relate to devolved matters should be considered by the UK
Parliament". |
| 10. Learning and Skills Bill: SPOR 18 May 2000: Col 892 |
| "That the Parliament agrees that the regulation-making powers
relating to Scotland in respect of learning accounts in the Learning and Skills Bill
should be devolved to the Scottish Ministers". |
| 11. Race Relations (Amdt) Bill: SPOR 25 May 2000: Col 1059-1077 |
| "That the Parliament agrees the principles contained in the
provisions of the Race Relations (Amendment) Bill including the power to impose duties on
public authorities so far as those provisions relate to matters within the legislative
competence of the Scottish Parliament or confer functions on the Scottish Ministers". |
| 12. Insolvency Bill: SPOR 1 June 2000: Col 1332 |
| "That the Parliament endorses the principle of including in the
Insolvency Bill a power for the Secretary of State, with the consent of the Scottish
Ministers, to make regulations to implement the United Nations Commission on International
Trade Law model law on cross-border insolvency and agrees that the relevant provisions to
achieve this end in the Bill should be considered by the UK Parliament". |
| 13. Care Standards Bill: SPOR 22 June 2000: Col 690 |
| "That the Parliament endorses the principle of a power to make an
Order in Council to vary the functions of the Central Council for Education and Training
in Social Work, a cross-border public authority, as set out in the Care Standards Bill and
agrees that the relevant provision to achieve this end in the Bill should be considered by
the UK Parliament". |
| 14. Political Parties, Elections and Referendums Bill (2): SPOR 6
July 2000: Col 1280 |
| "That the Parliament endorse the principle of replacing section 93
of the Representation of the People Act 1983 with a provision placing a duty on
broadcasters to draw up a code of practice as respects the involvement of candidates in
broadcasts pending an election, and agrees that provision to this end in the case of local
government elections in Scotland should be considered by the United Kingdom Parliament as
part of the Political Parties, Elections and Referendums Bill". |
| 15. Government Resources and Accounts Bill: SPOR 6 July 2000: Col
1211-1217 |
| "That the Parliament endorses the principle of the creation of
Partnerships UK; agrees that the Scottish Ministers should have the power to take a
financial interest in that body to ensure that Scottish interests are safeguarded, and
agrees that the relevant provisions in the Government Resources and Accounts Bill should
be considered by the UK Parliament". |
| 16. Criminal Justice and Court Services Bill: SPOR October 2000: Col
1030-1045 |
| "That the Parliament notes that changes to the current
registrations scheme for the registering of sex offenders under the Sex Offenders Act 1997
are proposed in amendments in the Criminal Justice and Court Services Bill currently
before the UK Parliament; recognises the practical importance of consistency across the
United Kingdom, and agrees that provisions to achieve these ends should be considered in
the Bill by the UK Parliament". |
| 17. Health and Social Care Bill: SP0R 1 January 2001: Col 266-275 |
| "That the Parliament endorses the principle of transferring to
local authorities in Scotland the responsibility for the funding and care management of
people in residential care and nursing homes with preserved rights to higher levels of
income support as set out in the Health and Social Care Bill; also endorses the principle
of introducing enabling powers to extend recognition to specific groups of healthcare
professionals for the purposes of dispensing NHS prescriptions written by them and of
determining the list of medicines and appliances which they may prescribe and which NHS
community pharmacists may be paid for dispensing, and agrees that the relevant provisions
to achieve these ends in the Bill should be considered by the UK Parliament". |
| 18. Tobacco Advertising and Promotion Bill: SPOR 1 January 2001: Col
276-288 |
| "That the Parliament endorses the need to ban tobacco advertising
and promotion in Scotland as set out in the Tobacco Advertising and Promotion Bill and
agrees that the relevant provisions in the Bill should be considered by the UK Parliament.
|
| 19. International Criminal Court Bill: SPOR 1 January 2001: Col
401-408 |
| "That the Parliament endorses the principle of establishing the
International Criminal Court in the legal systems of the United Kingdom and agrees that
the provisions within the International Criminal Court Bill that relate to devolved
matters should be considered by the UK". |
| 20. Outworking Bill: SPOR 3 January 2001: Col 773-783 |
| "That the Parliament endorses the principle of tackling bogus
outworking schemes by controlling the seeking or receipt of advance payments for the
provision of work or of information about work opportunities as set out in the Outworking
Bill and agrees that the relevant provisions to achieve this end in the Bill should be
considered by the UK Parliament". |
| 21. Criminal Justice and Police Bill: SPOR February 2001: Col
1012-1021 |
| "That the Parliament notes the provisions on information
disclosure for criminal proceedings and powers of seizure contained in Part II and III of
the Criminal Justice and Police Bill currently before the UK Parliament; recognises the
practical value of consistency across the United Kingdom for information disclosure for
criminal investigation, and for powers of seizure as they relate to certain United Kingdom
bodies and local authority officials, and agrees that the relevant provisions to achieve
this end in this Bill should be considered by the UK Parliament; further notes that the
Bill allows certain warrants issued in England and Wales to be executed in Scotland,
recognises the importance of mutual execution of warrants for law enforcement, and agrees
that the relevant provision to achieve this end in this Bill should be considered by the
UK Parliament". |
| 22. International Development Bill: SPOR 8 March 2001: Col 398-406 |
| "That the Parliament endorses the principles included i the
International Development Bill that Scottish Ministers’ consent be required before
Scottish statutory bodies undertake international development activity, that Scottish
Ministers can add or delete Scottish bodies from the list of those which can undertake
such activity and that Scottish police officers who undertake international development
activity abroad continue to enjoy the same conditions of service as in the UK, and agrees
that the relevant provisions to achieve these ends in the Bill should be considered by the
UK Parliament." |
| 23. Culture and Recreation Bill: SPOR 8 March 2001: Col 415 |
| "That the Parliament endorses the principle of gain efficiency and
effectiveness in relation to public bodies by means of structural change to the Film
Council and to Resource: The Council for Museums, Archives and Libraries, as set out in
the Culture and Recreation Bill; also endorses the provision of a simplified procedure for
the making of parks regulations for application in Scotland, and agrees that the relevant
provisions to achieve these ends in the Bill should be considered by the UK
Parliament." |
| 24. Armed Forces Bill: SP OR 2 March 2001: Col 1156-1157 |
| "That the Parliament agrees the principles contained in the
provisions of the Armed Forces Bill as they relate to the Ministry of Defence Police in
Scotland and that the Scottish Ministers should consent to the measures on jurisdiction
being commenced in Scotland, and agrees that the relevant provisions to achieve these ends
in the Bill should be considered by the UK Parliament." |
| 25. Adoption and Children Bill (1): SP OR 4 April 2001: Col
1184-1234 |
| "That the Parliament endorses the principles contained in the
Adoption and Children Bill concerning restrictions on bringing children into the UK for
the purpose of adoption and on advertising children for adoption; agrees that the relevant
provisions to achieve these principles in the Bill should be considered by the UK
Parliament; recognises the importance of the place of adoption services within the
spectrum of care for children and young people looked after by local authorities; agrees
that a review of adoption policy and practice is desirable; supports the drive towards
more integrated services for the benefits they bring to all children and young people
within the care system, and agrees that the Executive should seek to promote the interests
of such children with quality educational and other opportunities, and calls upon the
Scottish Executive to undertake a comprehensive review of adoption and fostering
legislation for Scotland, with a view to bringing forward a clear legal framework."
|
| 26. Adoption and Children Bill (2): SP OR 2 October 2001: Col
3261-3266 |
| "That the Parliament accepts the need to provide for continued
mutual cross-boarder recognition of orders properly made by the separate GB jurisdictions
in respect of adoption procedures; supports proposals for reform of recognition of
overseas adoption orders, and agrees that the relevant provisions to achieve these ends in
the Adoption and Children Bill should be considered by Parliament." |
| 27. Proceeds of Crime Bill: SP OR 2 October 2001: Col 3248-3258 |
| "That the Parliament endorses the principles of the Proceeds of
Crime Bill and agrees that the provisions in the Bill that relate to developed matters
should be considered by the UK Parliament." |
| 28. Anti-Terrorism, Crime and Security Bill: SP OR 15 November 2001:
Col 3839-3842 |
| "That the Parliament recognises the urgency of enhancing
anti-terrorist capability and security in the current international situation and agrees
that the provisions of the Anti-Terrorism, Crime and Security Bill specified in the
Scottish Executive’s memorandum that relate to devolved matters should be considered
by the UK Parliament." |
| 29. NHS Reform and Health Care Profession Bill: SP OR 22 November
2001: Col 4093-4100 |
| "That the Parliament endorses the principle that the Council for
the Regulation of Healthcare Professionals, which is to be created to oversee the
regulatory bodies for healthcare professionals under the NHS Reform and Health Care
Professions Bill, should also have power to oversee any regulatory bodies which might be
established in future and which fall within the devolved competence of the Scottish
Parliament; agrees that the Council be made accountable to the Scottish Parliament in
respect of such its functions as fall within devolved competence; agrees that the function
should be conferred upon Scottish ministers of appointing one of the members of the
Council, agrees that power should be conferred on Scottish ministers to make payments and
loans to the Council, and finally agrees that the relevant provisions to achieve this end
in the Bill should be considered by the UK Parliament." |
| 30. Adoption and Children Bill (3): SP ) OR 30 January 2002: Col
5875-5887 |
| "That the Parliament accepts the need for Scotland, along with
England and Wales, to participate in the Adoption and Children Act Register to established
by the Adoption and Children Bill and Agrees that the relevant provisions to achieve this
end in the Bill should be considered by UK Parliament." |
| 31. Police Reform Bill (1): SP OR 30 January 2002: Col 5888-5899 |
| "That the Parliament agrees that the provisions within the Police
Reform Bill which relate to devolved matters, including provisions relating to the terms
and conditions of service of constables seconded to the Independent Police Complaints
Commission, the inspection of the Ministry of Defence Police in Scotland, the removal of
the nationality bar for police officers, extending (pursuant to certain international
agreements) the liabilities of chief constables in relation to foreign officials from
other member states carrying out investigations in Scotland and extending offences
provisions in relation to such foreign officials, should be considered by the UK
Parliament." |
| 32. Enterprise Bill: SP OR 17 April 2002: Col 10899-10904 |
| "That the Parliament agrees that the provisions in the Enterprise
Bill that relate to the devolved matter of receivership should be considered by the UK
Parliament." |
| 33. Private Hire Vehicles (Carriage of Guide Dogs etc) Bill: SP OR
19 June 2002:Col 12840 –12842 |
| "That the Parliament endorses the principle including in the
Private Hire Vehicles (Carriage of Guide Dogs etc.) Bill a power for Scottish Ministers to
regulate for the carriage of guide and other assistance dogs in private hire cars in
Scotland and agrees that the relevant provisions to achieve this should be considered by
the UK Parliament." |
| 34. Police Reform Bill (2): SP OR 27 June 2002: Col 13185-13195 |
| "That the Parliament endorses the principle that sex offenders
orders made in one jurisdiction within the UK should be recognised and enforceable
throughout the UK with appropriate provisions in place concerning how the orders are
applied for, amended and discharged; and agrees that the relevant provisions to achieve
these ends should be considered by the UK Parliament in the Police Reform Bill." |
| 35. Extradition Bill – SP OR 21 November 2002: Col 15606-15624 |
| "That the Parliament supports the principles of the Extradition
Bill and is content for the provisions conferring executive functions on Scottish
Ministers in relation to extradition to be considered by the UK Parliament." |
| 36. Waste and Emissions Trading Bill – SP OR 28 November 2002:
Col 15860-15866 |
| "That the Parliament supports the principles of the Waste and
Emissions Trading Bill and agrees that the provisions in the Bill that relate to devolved
matters should be considered by the UK Parliament." |
| 37. Criminal Justice Bill – SP OR 5 December 2002: Col
16084-16095 |
| "That the Parliament supports the principles in the Criminal
Justice Bill which relate to devolved matters should be considered by the UK
Parliament." |
| 38. Crime (International Co-operation) – SP OR 5 December 2002:
Col 16098-16113 |
| "That the Parliament recognises the need for the United Kingdom to
ensure compliance with the international obligations for which the Crime (International
Co-operation) Bill makes provision, and agrees that those provisions in the Bill that
relate to devolved matters should be considered by the UK Parliament." |
| 39. Local Government Bill –SP OR 6 February 2003: Col
17835-17838 |
| "That the Parliament endorses the principle of including in the
Local Government Bill powers for the Scottish Ministers to issue directions and guidelines
to Scottish local authorities in relation to staff transfer matters: and agrees that the
relevant provisions to confer executive functions on the Scottish Ministers in relations
to these matters should be considered by the UK Parliament." |
| ANNEX B |
| COMMISSIONER FOR CHILDREN AND YOUNG PEOPLE (SCOTLAND) BILL |
| FINANCIAL MEMORANDUM (incorporated in Explanatory Notes to the
Bill) |
| INTRODUCTION |
| 84. The costs associated with the provisions of this Bill will fall
largely upon the Scottish Parliament. |
| 85. There will also be additional costs incurred by the Scottish
Parliament in relation to the appointment of the Commissioner: setting up a selection
panel and providing administrative and other support throughout the process of
appointment. |
| 86. There is a large margin for discretion associated with these costs
as key issues relating to the location, number and composition of staff required, together
with set up costs, are properly a matter for the Commissioner. |
| COSTS ON THE SCOTTISH PARLIAMENT |
| 87. The office of the Commissioner for Children and Young People will
be publicly funded by the Scottish Parliamentary Corporate Body (SPCB). |
| 88. There are many seemingly comparable offices in existence throughout
Europe and the world. It is not helpful however to make a direct comparison with these
existing offices for a variety of reasons. There are different types of Children’s
Commissioners, some of whom exist to perform a government function. Some act as only
Ombudsman, dealing with complaints, others advise on legislative reform, or have a
specific remit in a particular government sector. There is great variation in the legal
powers attached to the various offices. In addition there are other important social,
political and economic factors which may influence the funding of such an office which
this type of comparison cannot take account of. |
| 89. There are already several Commissioners and Ombudsman offices in
existence in Scotland, including most recently, the Scottish Public Services Ombudsman and
the Scottish Information Commissioner. These bodies encompass the promotion of certain
rights but only across the public sector where there are already existing frameworks. It
is expected that the Commissioner for Children and Young People will embark on the
considerably larger task of changing existing attitudes and will be relevant to tall
sectors of society. |
| Salary |
| 90. Following appointment by the Queen upon the recommendation of
Parliament, the Commissioner will require an annual salary. Two posts, similar in status
to that of the Commissioner for Children and Young People, have been advertised in the
past year. These are the Scottish Information Commissioner and the |
| Scottish Parliamentary Standards Commissioner. The former is full time
role promoting good practice and providing information, which attracts a salary between
£70,000 and £80,000, and the latter is a part time role with a salary of £36,500. As
the Commissioner will work full time, it is expected that the appointee will be paid a
similar salary of up to £80,000. This would reflect a uniformity of approach
towards such appointments. |
| Recruitment |
| 91. One of the initial tasks facing the Commissioner in setting up the
office would be to advertise and recruit staff. Before recruitment costs can be considered
the Commissioner would need to create benchmarks for the level of skill required for each
post. This is likely to require specialist advice, most likely from a recruitment
consultancy. |
| 92. While the number and composition of staff cannot be prescribed by
this document, certain assumptions have been made in this regard for budgeting purposes. A
number of comparative models across the world have been considered. The different
approaches of the Welsh and Swedish models are discussed below. |
| 93. Wales set up a Commissioner for Children and Young People in 2001
and has a total of 21 staff in two offices. Compared to other international models, Wales
has similar cultural, economic and social conditions to Scotland, so it would appear at
first glance to be a possible comparator. The main difference is that the Welsh
Commissioner deals mainly with the provision of services as they relate to public services
in devolved areas and is able to take on individual cases. The Commissioner in Scotland
will, by comparison, have a much wider remit covering all children and all service
providers. Here the Commissioner’s work will be proactive with the emphasis on
promotion of rights and research rather than a reactive role of intervention in individual
cases. |
| 94. By contrast, the Children’s Ombudsman in Sweden has been
established for almost ten years. The office has a total of 25 staff, and does not have a
remit for handling individual cases. The importance of according children’s rights a
high degree of priority is a well- established principle in Sweden. This means that the
emphasis of the Swedish Ombudsman is on safeguarding the rights of and interests of
children and in following up Swedish’s obligations under the United Nations
Convention on the Rights of the Child (UNCROC). |
| 95. Given the diversity of approaches and other practical
considerations, it has been assumed that a staff of 15 people would be a reasonable
number. This reflects an outline of key staff: e.g. one or more legal staff, media
officer, webmaster/IT specialist, financial officer, reception/administrative staff,
information officer, several research and/or project staff based on the core functions of
the officer. |
| 96. The experience of the Commissioner’s in Wales shows that
approximately 10% of the annual budget was spent on recruitment. If this figure were
mirrored in Scotland, the total cost of recruitment would be £150,000. This level
of recruitment will not be incurred every year. It is not anticipated that there will be a
high rate of staff turnover and therefore only a small proportion of these costs needs to
be retained as an ongoing cost for this purpose. |
| Staff costs |
| 97. Statistics form the Commissioner’s office in Wales suggest
that on average 55% of the annual budget requires to be set aside for salaries alone.
While it is recognised that experience from other countries may reflect different working
arrangements, this percentage is reflected throughout similar offices worldwide. Based on
the posts outlined in paragraph 11, and using the Scottish Parliament’s pay and
grading structure, salary costs for staff will amount to £490,000. Pensions and National
Insurance contributions will account for around a further 30% of the salary paid. The
total costs of staff are £650,000. |
| 98. In addition, staff training costs are estimated at £10,000 per
year. |
| Rental costs |
| 99. A fundamental part of the Commissioner’s role is accessibility
by children. The methods and means chosen to achieve this are entirely a matter for the
Commissioner. It anticipated for the purposes of this memorandum that the Commissioner
will have one office base. Based on recommended space areas, the rental cost is taken to
be £40,000. |
| Cost of office equipment |
| 100. The office will require a variety of equipment including
electronic and communications equipment, in addition to desks, filing cabinets etc. |
| 101. These costs have been estimated at £25,000 in the first
year. This will largely be a start-up cost. However an annual cost equivalent to 25% of
this value would be required to cover the ongoing cost of upgrading and replacing such
equipment. |
| Travel costs |
| 102. The Commissioner will provide a voice for all children at national
level and therefore must be accessible to all children. It is anticipated that the
Commissioner or member of his or her staff will attend meetings with, for example,
schools, children’s organisations, local authorities, service providers and the
Scottish Executive. 103. As well as representing children, the Commissioner’s work
may involve attending and speaking at conferences both at home and abroad. He or she will
also undertake fact finding trips to develop guidelines for |
| good practice and to learn firsthand through the experience of
countries. |
| 104. Total annual travel costs are taken as £20,000. |
| Publications, events, marketing, public relations. |
| 105. The Commissioner will be a new body promoting the rights of
children and young people ensuring that Scotland’s one million children are aware of
his or existence and functions. He or she will likely need to undertake substantial
promotional work in order to fulful the functions of the office. This would require a
variety of approaches to reach the full diversity of children and young people. He or she
will also need to target the wide diversity of adults and service providers. While this
will include traditional method such as holding events, production and distribution of
information, the Commissioner is likely to consider a wide range of methods to reach such
diverse groups. One aspect of this will include production of information, including
leaflets and posters, and the holding of seminars or conferences. The Commissioner may
also wish to use the internet, television, radio, school curriculum materials, newsletters
or advertising. These would aim to inform people about the office and the work of the
Commissioner, and the rights of children and young people. The Commissioner will also
produce a variety of reports to be circulated among interested parties and a
child-friendly version report. Similar organisations spend around £220,000 annually on
their advertising, publications and events budget. |
| 106. The total publication costs will be around £325,000 in the
first year. This will be necessary in order to inform and raise general awareness allowing
the Commissioner to carry out his or her functions effectively and efficiently in the
longer term. It is estimated that an annual budget of approximately £200,000 would
be required thereafter. |
| Research |
| 107. The Commissioner may also wish to commission research in certain
areas, which may include projects spread a number of years. It is anticipated that he or
she would be able to undertake at least a couple of small to medium size projects per
year. Based upon the Scottish Parliament’s experience, the total cost for research
per year will be approximately £100,000. |
| Total costs on the Scottish Parliament |
| 108. The table below illustrates the total cost on the Scottish
Parliament: |
| 109. Allowing a 10% margin of discretion the total annual budget for
the office of Commissioner for Children and Young People in Scotland is estimated as £1,216,875.An
additional £323,125 is expected to satisfy the initial start-up costs. |
| COSTS ON LOCAL AUTHORITIES |
| 110. It is not anticipated that the provisions should impose any direct
costs on local authorities. |
| COSTS ON OTHER BODIES, INDIVIDUALS AND BUSINESSES |
| 111. It is not anticipated that the provisions should impose any direct
costs on other bodies, individuals and businesses. |
| ANNEX C |
| STATEMENT ON McCRONE SETTLEMENT –14 FEBRUARY 2001 |
| The Minister for Education, Europe and External Affairs (Mr Jack
McConnell): I have not spent many Valentine’s days in the past 20 years with
either Mike Russell or Brian Monteith, but I am grateful for the opportunity to report to
Parliament on the agreement that the Executive has reached on a pay and conditions package
for teachers that will bring stability to Scottish education for the first time in a
generation. On 10 January, I reported to Parliament on the progress that we were making in
finalising the agreement. On 12 January the implementation group, which we established to
take forward the discussion on the recommendations from the McCrone report, endorsed the
final agreement. That endorsement was from employers, the teacher organisations and the
Scottish Executive. Those bodies were equal partners, bringing together their expertise
and experience to realise a shared commitment to addressing the problems of the past and
building a new approach. I am pleased to inform Parliament that the agreement has been
endorsed by more than 80 per cent of Scotland’s teachers. That is an historic
achievement- agreement that has been put together through discussions, agreed by consensus
and endorsed through democratic process. In the agreement we have recognised and rewarded
each teacher for the professional skills that they bring to the classroom and to the
school. We have won a contractual commitment to an additional 35 hours each year from
every teacher to develop those skills and the knowledge required to keep pace with the
demands made of them throughout their teaching career. We have created a new opportunity,
based on the achievement of additional qualifications, for classroom teachers to make
progress in their careers by staying in the classroom and applying their skills to the
educational achievement of Scotland’s children. |
| We have introduced a guaranteed training place for every teacher
leaving college-offering the practical experience of the classroom combined with the
continued development of professional skills- with teacher-led mentoring support and a
salary that recognises the value that we place on the commitment made to a teaching
career. |
| We have put in place the resources to bring additional professional
support staff into schools to relieve teachers of the burden of bureaucracy and give them
back the time to teach. We have created a new system of local negotiation and discussion,
which recognises the legitimate role of local authorities as the managers of education and
the responsibility of leadership that we expect in our senior teachers. |
| Those achievements have built on the recommendations of the McCrone
report. I take the opportunity to express my gratitude to Professor McCrone, and his
colleagues on the committee, for such a far-sighted report. We have been able to build on
its recommendations and take them forward to a new stage. |
| In return for the significant changes in teachers’ conditions, we
have agreed new salary levels which, for over three years, will provide an average
increase of 21.5 per cent for every teacher. The new salary levels build in the increase
that McCrone said it was necessary to achieve comparability with other professionals. They
also include the increase for each of the three years, which would otherwise have been the
subject of debate-and possibly dispute-in the annual negotiations. In doing that, we have
ended the feast or famine approach to teachers’ pay that has marred recent years, and
we have secured a period of genuine stability in our classrooms. |
| We said at the onset that we needed achieve an agreement that would
mark significant change in the cultural of education and the daily atmosphere in our
classrooms. We needed change in a culture and an atmosphere which, for a generation, has
been characterised by suspicion, mistrust and entrenchment. The Executive promised that it
would make every effort, put in all the time and commit all the energy necessary to
achieve that change. With the agreement, we have delivered on that promise. |
| Ministers promised that if we could secure the necessary level of
change, we would commit the necessary resources. We said that we would fund the additional
costs that arose from implementing the final agreement. The Executive made a commitment
that local authorities would not be asked to do any more than they already do in
supporting school education. We have delivered on our promise. |
| Ministers made a commitment to reach an agreement that would put the
teacher at the centre of education and the pupil at the heart of teaching. |
| We have delivered on that commitment. |
| We made a commitment to real learning in our schools which every
parent, every teacher and every pupil knows is won through the hard work of teacher and
student. That critical relationship opens the doors of learning to all our children and
gives entry to a world of achievement, growth and ambition. |
| Opening the doors of learning is the single most important means by
which we can end injustice and exclusion. Securing the agreement represents a major step
forward in meeting the commitment to social justice that lies at the heart of the
Executive’s commitment to the prosperity of Scotland. |
| We have completed that part of our task. The agreement that we have
secured offers us a unique opportunity to redress the damage of the past, to recognise and
reward teachers for their professional skills, and to build relationships now and for the
future that restore stability and excellence to our schools. However, the opportunity
presented to us must be seized by all those involved: the local authority employers, the
teacher organisations and the Parliament. My commitment goes beyond securing the
agreement. I will now host a series of bilateral meetings with those involved to agree
with them the practical steps that we must take to bring the value of the agreement into
every classroom in the country. |
| Ministers have committed significant time and resources to supporting
the creation of a quality-based system of professional development for teachers. With the
Deputy Minister, Nicol Stephen, I will drive that work forward through the national
strategy committee that brings together the experience and expertise of teachers , private
and public sector employers, the General Teaching Council of Scotland, management
academics and practitioners from other non-teaching professions. |
| The Executive has already agreed to work with the convention of
Scottish Local Authorities and the teacher organisations to conduct an audit of
bureaucracy, which will be based in the school and seen through the eyes of the teacher.
Today I am pleased to announce that my department will take another significant step to
reduce the bureaucratic and administrative burdens that teacher’s face. We will set
up a gatekeeper unit to co-ordinate all our administrative and information requests to
local authorities and schools and eliminate unnecessary demands and duplication. That
practical step will make good my commitment that the system should support learning in our
schools instead of having a relationship where our schools are expected to support the
system. That is not the end of the process; it is only a beginning. |
| Through the agreement we have the opportunity to secure modernisation
for school education. We seize that opportunity. |
| The agreement includes a clear timetable for implementation and
identifies a list of key tasks. I will set out some of the early action that we are taking
to ensure that the timetable is delivered. I will now move to set up formally the new
tripartite negotiating machinery for teachers. By the end of February, I will announce a
date for the inaugural meeting and for the formal winding-up of the Scottish Joint
Negotiating Committee. The new local negotiating machinery will be in place by April 2002. |
| The new negotiating body will be charged with a number of critical
tasks, including ensuring that arrangements are in place to secure the start of the new,
simplified career structure for teachers by August 2002. The new probation arrangement
will come into play at the same time. |
| At the heart of the agreement is our recognition of the critical role
of the reaching profession, which is based on high standards of skill and from which we
rightly expect high standards of achievement. We have committed the necessary resources to
value and reward the profession. We will also secure a national standard of competency
that recognises quality in the profession, addresses the problems of those who are not
able to meet the profession’s standard, and offers the guarantee that parents-and
pupils-deserve on the quality of education that they expect from our schools. We will have
completed that task by the end of March and, with our partners in the new national
negotiating body, we will work on its implementation from April. |
| We have agreed to undertake a review of initial teacher education,
which I intend to implement in two stages. The first stage will be an analysis of the
short-term action that can be taken. The second stage will be a more fundamental review to
ensure that initial teacher education meets the needs of teachers now and in future. Work
on the first stage is already under way and I expect to receive an action plan by the end
of the summer. |
| We are committed to recruiting significant numbers of new teachers in
the coming years. I have instructed new work on publicity for teacher recruitment that
takes account of students’ and returners’ perceptions of the profession. Based
on that work, the Executive will launch a new recruitment campaign in April. |
| I have established a task force on handling discipline, which will
report in June, and a review group to consider ways of improving devolved school
management which will report in May. Those specific proposals for progressing some of the
agenda for action that arises from the agreement are only examples. |
| There is a huge agenda ahead of us-nothing less than the reinvigoration
of Scottish school education. |
| The agreement marks a turning point: a turning away from division and
conflict towards constructive |
| partnerships, turning away from insecurity and resistance towards a
positive approach to change and a turning away from short-term initiatives to a strategic
approach that builds the future. |
| In conclusion, I congratulate Scotland’s teachers and local
councils on their support for the agreement. It is the best opportunity that we have had
in a generation to secure a world-class future for Scotland’s schools. The prize was
worth fighting for and will enhance opportunity for generations to come. Together, I am
sure that we can achieve that future. |
| ANNEX D |
| Extract from STSG Conference Speech ‘Transport Devolution and
Integration’ (20/09/02) (Lewis Macdonald, Deputy Minister for Enterprise, Transport
and Lifelong Learning) |
| With devolution, Scotland was given the opportunity to determine its
own solutions to the challenges of transport. Key issues for Scotland such as health,
education, and home affairs came under Scottish control. For the first time, the
development of Scottish responses to Scottish opportunities and problems was possible. |
| In terms of transport, the Executive gained full legislative
responsibility for the Scottish Road network, bus policy, ports, harbours, piers and
inland waterways, the promotion and construction of new railways in Scotland and a number
of other important elements of transport. |
| In addition, the Executive acquired executive responsibility for
issuing instructions and guidelines to passenger rail services starting and ending in
Scotland, funding of rail services, administration of rail freight facilities and track
access grants and several other dimensions of transport. Overall, devolution offered the
opportunity to tackle Scotland’s transportation challenges with uniquely Scottish
solutions. |
| For while we do share certain agendas and priorities with the other
developed administrations, such as tackling traffic congestion and developing an
accessible integrated transport system, we in Scotland have our own very distinctive
circumstances: |
| The differences between the urban central belt and the remote and island
communities are very evident |
| We have a comparatively small, widely-dispersed population |
| We have six very different cities-Aberdeen, Dundee, Edinburgh, Glasgow,
Inverness and Stirling |
| Each city has a range of different geographies, levels of economic
development, |
|
| Transport infrastructures and priorities |
| The highlands and islands, by contrast, present unique issues, with
strong reliance on the private car, employment, services and accessibility to market
issues, and supported lifeline air and sea links |
|
| In addition, by EC regulation, Scotland is placed under a number of
Public Service Obligations with regard to Lifeline services. |
| The specific circumstances of Scotland, therefore, present many
challenges to the development of an integrated transport system which is sustainable,
socially just and which meets the needs of all of Scotland’s people, no matter where
they live. I wish to outline the opportunities Scotland has been offered with devolution,
and highlight the achievements we have made in its first three years. |
| The Transport (Scotland) Act 2001 |
| The 1998 transport white paper Travel Choices for Scotland set
out a distinctive, modern agenda for transport change. After devolution, these
developments came to fruition in the Transport (Scotland) Act 2001. The provisions of the
Act ensured that the Scottish Executive was equipped to begin delivering an integrated,
sustainable transport system meeting the needs of al the people of Scotland. |
| To summarise, the Act: |
| Encourages joined-up transport planning on a regional basis, across local
authority boundaries |
| Enables the Executive to require public bodies to develop joint transport
strategies |
| Facilitates the growth of the bus market through firmer partnership
between the local authorities and bus operators, and permits the establishment of quality
partnerships and quality contracts |
| Allows through-ticketing arrangements to be put in place across local
authority and transport operator boundaries |
| Introduces free local off-peak bus travel for older people with
disability |
| Enables local authorities to implement road user charging schemes to
tackle congestion, with revenues reserved for spending on transport infrastructure |
|
| In short, the Transport (Scotland) Act represented a major programme
for change. Within this context the Scottish Executive focused strongly on public
transport, and in particular five key components-integration, accessibility, social
justice, economic promotion and sustainability- represented in the investment of the
spending review. |
| We are keen to promote transport which is accessible to as many people
as possible, not just those living in central urban areas, as the funding announced in the
spending review reveals. Support provided through the Rural Transport Fund, for instance,
is key to improving accessibility in rural areas, and funds projects ranging from enhanced
local bus services to community transport initiatives and support for rural petrol
stations in the highlands and islands. |
| It is important that we invest substantially in transport-to broaden
social inclusion, widen access to employment, leisure and cultural facilities, and
contribute to lessening the opportunity gaps between those with the most and those who
have the least. The settlement for transport announced in the spending review underlines
this necessary step change in investment-an increased momentum for social inclusion.
Similarly, we are committed to achieving an effective transport system that does not cost
the earth. We are putting sustained investment into public transport, promoting cycling
and walking as sustainable modes of travel, and providing public transport alternatives
for motorists where these do not already exist. And crucially, the Executive recognises
the linkage between transport and the economy. Businesses are concerned about the impact
of congestion on their livelihoods, as well as other transport-related issues such as
unreliable journey times and difficulties in recruiting at some locations due to limited
public transport provision. It is vital that transport policies minimise such costs to
business while maximising opportunities for sustainable economic growth. Investment over
the long term will enable these things to occur. |
| In these areas, devolution presented us with the opportunity to develop
a major programme for change. In Scotland we set about delivering that necessary change,
across an impressive range of transport achievements. |
| ANNEX E |
| OCCASIONS ON WHICH SE MINISTERS HAVE LED EU COUNCIL MEETINGS |