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
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 with COSLA. I disagree because I believe, as we should all believe, that educational benefit is paramount in all educational decisions. We have had that disagreement, which is on one out of 37 recommendations—the only one on which there was a minority report. I repeat that Mr Bibby’s position will be to oppose more of the recommendations than that. Therefore, if I am altering the balance of the measures, Mr Bibby is undermining them in an even greater way. That speaks volumes about the fact that his approach is motivated by the Bain principle rather than by anything else.I think that my amendments are valuable contributions, not because I am proposing them but because the commission on the delivery of rural education proposed them and had strong views on what should change. In those circumstances, the amendments will be welcomed right across Scotland. There are differences of opinion. COSLA objects to the idea of a five-year moratorium. Again and again, I hear those who are involved in the process and who have saved a school say, “Please, don’t let them come again for us too quickly.” People recognise that times change, but they do not want to go through the process again and again. I believe that the five-year proposal is sensible.On Liz Smith’s amendment 408A, I repeat the undertaking to work with her and others to ensure that we get the approach absolutely correct. I hope that, at stage 3, we can find a way in which she can lodge an amendment that will achieve the effect that she and others wish for.The changes to call-in and the determination process in amendment 409 are important. It is right to take ministers out of the final decision. Mr Bibby lambasted me for giving up that right, but he and his colleagues usually lambast me for exercising my rights as a minister—there really is no winning in these matters. However, I think that it is absolutely right to ensure that there is another set of voices in the process, so that we can return to the intention of the 2010 act, which was to have a level playing field and transparency and to ensure that people are treated fairly. We are taking a further step towards that, difficult as it has been. I encourage members not to sit on the sidelines or to undermine the commission, as Mr Bibby proposes to do, but to support my amendments and ensure that we take the issue forward.Amendment 405 agreed to.Amendment 406 moved—Liz Smith.
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.