Committee
Education and Culture Committee 21 January 2014
21 Jan 2014 · S4 · Education and Culture Committee
Item of business
Children and Young People (Scotland) Bill: Stage 2
Before I call the cabinet secretary, I have one or two comments to make on the amendments.I support the amendments in the name of the cabinet secretary. Given what has occurred since the 2010 act came into being, it is clear that a relatively quick resolution is required, so I very much welcome the changes that have been proposed in the cabinet secretary’s amendments. I turn to the amendments in the names of Opposition members. I too am interested in amendment 406, in the name of Liz Smith, and in the five-year period that was chosen—not because I thought that it was too long, but because I wondered whether seven years was a more appropriate period, as that is the length of an individual pupil’s primary schooling. However, I accept that a period of five years probably strikes the right balance in the circumstances that Liz Smith outlined. I do not believe that five years is too short a period. If we had a period of three years, we would effectively have a perpetual round of closure proposals—we would never escape from that cycle. If that were the case, as outlined by Liz Smith, parents would effectively vote with their feet and schools would close by default, rather than be closed by intent. That shows that three years would be too short a period. I welcome the discussion and agreement between the cabinet secretary and Liz Smith on amendment 408A. We must have absolute clarity in that area, as we do not want to have to come back in a short time to go over the issue again. Finally, I cannot support amendment 409A, in the name of Liam McArthur, not because it is in the name of Liam McArthur, as he may be beginning to suspect, but because I do not believe that any cabinet secretary or minister can call in such a decision on a whim. That is not the basis on which such things are done. There is a process that has to be undertaken and it can be difficult to persuade a minister to call in a decision by a council. Having gone through some of the process myself, I think that it is important that there is the right balance and a separation of powers in that area, and I do not think that amendment 409A strikes at the reality of the situation regarding the decision that a minister—whether this cabinet secretary or any future cabinet secretary—would make. There is a process to be undertaken, and I am sure that ministers follow it diligently and have due regard to it and to the rules that are in place. Therefore, I cannot support amendment 409A. I call the cabinet secretary to wind up.
In the same item of business
The Convener (Stewart Maxwell)
SNP
Good morning and welcome to the third meeting in 2014 of the Education and Culture Committee. I remind everyone present to switch off mobile phones and other...
The Convener
SNP
I start by calling amendment 380. As members know, the Presiding Officer has determined that rule 9.12.6(B) applies to this amendment. However, as no further...
The Convener
SNP
Amendment 405, in the name of the cabinet secretary, is grouped with amendments 406, 407, 408, 408A, 409, 409A and 423.
The Cabinet Secretary for Education and Lifelong Learning (Michael Russell)
SNP
Thank you very much, convener, and thank you for inviting me before the committee to discuss these amendments. Unfortunately, given the amendments that I wil...
The Convener
SNP
I have been extremely generous with time because, given that we are inserting a completely new part into the bill, I feel that it is appropriate for members ...
Liz Smith (Mid Scotland and Fife) (Con)
Con
I am afraid that my speech will be a little lengthy, but not quite as lengthy as the cabinet secretary’s speech, I hope.In the event of a school closure prop...
Liam McArthur (Orkney Islands) (LD)
LD
Like the cabinet secretary and Liz Smith, I apologise at the start for the length of my comments, convener, although I hope that you are reassured that we wi...
The Convener
SNP
A number of members wish to contribute to the debate on this group. I begin by calling Neil Bibby.
Neil Bibby (West Scotland) (Lab)
Lab
I have a number of concerns about amendment 408, and I note COSLA’s concerns about the exclusion from the bill of provisions to implement recommendation 20 i...
Colin Beattie (Midlothian North and Musselburgh) (SNP)
SNP
Having experienced the closure of no less than six rural schools in Midlothian, I obviously have a big interest in this proposed new section. I welcome the c...
Mike MacKenzie (Highlands and Islands) (SNP)
SNP
I am grateful for the opportunity to speak in favour of amendment 408. Indeed, I felt it important to do so, given the real difficulty that the issue of scho...
The Convener
SNP
Before I call the cabinet secretary, I have one or two comments to make on the amendments.I support the amendments in the name of the cabinet secretary. Give...
Michael Russell
SNP
Thank you, convener, and thank you for the discussion that has taken place.I will start with Mr McArthur’s amendment 409A. I understand the point that he is ...
Liam McArthur
LD
Will the cabinet secretary take an intervention?
Michael Russell
SNP
Absolutely.
Liam McArthur
LD
I am grateful that the cabinet secretary accepts at least the principle that lies behind what I am seeking to achieve with amendment 409A. He has just implie...
Michael Russell
SNP
No—I disagree. The matter will be best dealt with if we have robust legislation that is entirely clear, and we are trying to improve the 2010 act in this pro...
Neil Bibby
Lab
Will the cabinet secretary take an intervention?
Michael Russell
SNP
Of course.
Neil Bibby
Lab
It is not just me who has raised concerns about the altering of the balance of the legislation—Councillor Douglas Chapman has done that, too, on behalf of CO...
Michael Russell
SNP
I heard Mr Bibby the first time that he mentioned that. My point remains. I disagree with COSLA on the issue. I have done so openly and have had a discussion...
The Convener
SNP
The question is, that amendment 406 be agreed to. Are we agreed?Members: No.
The Convener
SNP
There will be a division.ForAdam, George (Paisley) (SNP)Beattie, Colin (Midlothian North and Musselburgh) (SNP) Biagi, Marco (Edinburgh Central) (SNP)Maxwell...
The Convener
SNP
The result of the division is: For 7, Against 2, Abstentions 0.Amendment 406 agreed to.Amendment 407 moved—Michael Russell—and agreed to.Amendment 408 moved—...
The Convener
SNP
I ask Liz Smith to move or not move amendment 408A.
Liz Smith
Con
I will not move it, on the basis of the strict understanding that the cabinet secretary will engage prior to stage 3 and that we can put in motion an amendme...
The Convener
SNP
The question is, that amendment 408 be agreed to. Are we agreed?Members: No.
The Convener
SNP
There will be a division.ForAdam, George (Paisley) (SNP)Beattie, Colin (Midlothian North and Musselburgh) (SNP) Biagi, Marco (Edinburgh Central) (SNP)Maxwell...
The Convener
SNP
The result of the division is: For 7, Against 0, Abstentions 2. Amendment 408 agreed to.Amendment 409 moved—Michael Russell.
The Convener
SNP
I ask Liam McArthur to move or not move amendment 409A.