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
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 process. Once we have the legislation in place, the issue will be well dealt with if all those involved forbear from attacking ministers for being politically partisan when they make these decisions and instead look at the facts of the case. Those two things together will assist.I have in front of me the number of school closure proposals that have been called in. The final outcome was that six cases received unconditional consent, which is 7 per cent of the total. It is therefore possible that, in 7 per cent of cases, that might have been the panel’s judgment. The issue is around the use of the word “may”—a small number of cases might have been subject to comment, and the panel would be free to comment. It is interesting to note that there was conditional consent in 24 per cent of the total number of schools that were prepared for closure. That meant that there were issues that were clarified and assisted by the process, which is a vital point. Only in 10 per cent of cases was consent refused.I understand the points that Mike MacKenzie makes. I lived through the experience of the school closure proposals in Argyll and Bute not once but twice, because I was involved in an earlier round of school closures—I declare an interest, in that my wife was the headteacher of a school that was closed. The process is damaging for everyone involved, and Mr McArthur was quite right to say that pupils and staff often blame themselves for the process that they are going through. As Liz Smith has said on a number of occasions, we must have a fair and transparent process. That objective is not assisted if the information in the process is regarded as being unfair, not comprehensive and—as has often happened—impossible to understand. I regret that the information that the committee was given, in the opinion of many people in Argyll and Bute, did not conform to the facts of the chronology of the process. That was regrettable—the council might still want to consider that point.I turn to the points made by Mr Bibby. If the school has no pupils, the local authority will have to consider alternatives only when there are alternatives. I have never argued that all schools should remain open. There are schools that close because they have no pupils, so that issue is a red herring.Mr Bibby’s position is logically inconsistent. Having attacked me for refusing to accept one out of 37 recommendations—the only one that was not unanimously agreed by the commission—Mr Bibby announced at the end of his comments that he is going to reject more than that in his approach to my amendments. He is therefore taking a position that is even less consistent than that taken by COSLA and is motivated more by the Bain principle than by anything else.
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.