Committee
Local Government Committee, 08 May 2001
08 May 2001 · S1 · Local Government Committee
Item of business
Draft Local Government (Timing of Elections) (Scotland) Bill
I am happy to pick up on those points. Iain Smith has already spoken to me at length about that matter. Other members of the committee have also brought it to my attention. I indicated in my opening remarks that we are happy to revisit that point.The overriding principle is for four-year terms. On balance, we think that those terms should coincide with the Scottish election. I am no expert in constitutional law and the effect of what happens in the Scottish Parliament on that, but I understand that there are three situations that may cause us to need to consider the issue at all. One of those situations is that, as I understand it, the Presiding Officer has a power to vary the date of the Scottish election by one month either side of the normal date. That power is for use in unusual circumstances, which we would not necessarily be able to predict. In circumstances in which the Presiding Officer uses that power, it seems right that a minister should have the power to call a simultaneous local government election. The variation in the date is not huge. Why have two elections within a month of each other? That is a reasonable point.The second situation is, as I understand it, that we fail to appoint a First Minister after the normal election of a Parliament, in which case the Parliament could dissolve within a period of about 28 days. On the face of it, there would be no reason to call a local government election in those circumstances. Similarly, if—as happened during this session after the First Minister died—we had to re-elect a First Minister and there was a failure to appoint in those circumstances, a situation could arise, depending on the timing, in which it might be proper to synchronise the Scottish election with a local government election. However, that would not necessarily be proper in all circumstances.The third situation is if Parliament votes by a two-thirds majority to dissolve. There is then the opportunity to call an election. If, in a year in which there would normally be an election, that happened between the date at which the council tax would normally be fixed—11 March; that is a statutory duty on local authorities—and the point at which the Presiding Officer could call an election, it would be reasonable for a minister to have a power to synchronise the elections.Beyond that, the question is why, if there is no intention to use the power or if it would not be reasonable to use the power, the power should exist. I am quite prepared to take that point back and reconsider it. When we come back with revised proposals, we will ensure that they are more precise about when a minister should exercise the power. I repeat that our clear intention is to have four-year terms. That is the overriding policy priority.
In the same item of business
The Convener:
Lab
We now move to the Executive's consultation paper and the draft local government (timing of elections) (Scotland) bill. I will not divide up the questions fo...
The Deputy Minister for Finance and Local Government (Peter Peacock):
Lab
I will try to ensure that you do not have to intervene too often, so that you can save your voice.As members are aware, we announced in November last year ou...
The Convener:
Lab
I will ask my questions before my voice totally disappears.As you know, Professor John Curtice is our next witness. I found an interesting quotation in his s...
Peter Peacock:
Lab
John Curtice's argument seems to be that we should make provision in the bill for ministers to have powers to make a Scottish local government election coinc...
Mr Gil Paterson (Central Scotland) (SNP):
SNP
If I quote you correctly, you said that there would be a mid-term mini-referendum on the Government's performance if a local government election took place o...
Peter Peacock:
Lab
We have heard that argument a number of times over a number of years; it predated the first Scottish Parliament election and the most recent local government...
Mr Paterson:
SNP
If the process of electing a Scottish or UK Government puts local government on the back burner, does the Executive have plans to provide resources to enhanc...
Peter Peacock:
Lab
As I said, I do not accept that proposition, but we are more than happy to consider any matters in which we can be helpfully involved and to assist local aut...
Mr Keith Harding (Mid Scotland and Fife) (Con):
Con
From the minister's answer, I assume that he feels that combining elections would not take the focus off local government elections.
Peter Peacock:
Lab
I do not think that focus would be lost. Political parties, the Executive and local authorities have parts to play in bringing to the Scottish public's atten...
Mr Harding:
Con
You mentioned McIntosh who, along with Kerley, recommended four-year terms starting on different dates. How meaningful is the consultation? According to a wr...
Peter Peacock:
Lab
We are not wasting our time. The consultation is genuine. We have firm proposals on which we are consulting. I noticed Mr Harding's press release—we are damn...
Mr Harding:
Con
That is the joy of being in power.
Peter Peacock:
Lab
Had we issued a press release, we would have been accused of spin. We did not issue one and we were accused of secrecy. It is difficult to win. The consultat...
Mr Kenneth Gibson (Glasgow) (SNP):
SNP
Forgive us for being a bit cynical, but the consultation was announced in reply to a written question that was answered before the question was published, on...
Peter Peacock:
Lab
The hard evidence is that the coincidence of the Scottish Parliament elections and the local government elections led to a significant increase in turnout. T...
Mr Gibson:
SNP
I wonder whether the turnout at local government elections in fact increased. Paragraph 6 of the policy memorandum states:"The heightened publicity and media...
The Convener:
Lab
Kenny, please get to your question.
Mr Gibson:
SNP
On Scottish television there were advertisements for people to register to vote for the English council elections which, unless I am mistaken, were never sch...
Peter Peacock:
Lab
There are choices to be made. We have indicated in the policy memorandum and in answer to questions in Parliament that the timing of elections is a balanced ...
Mr Gibson:
SNP
I have a small question on the power to synchronise polling at local government and extraordinary parliamentary elections. We would all accept the need for f...
Peter Peacock:
Lab
I am happy to pick up on those points. Iain Smith has already spoken to me at length about that matter. Other members of the committee have also brought it t...
Mr Gibson:
SNP
The power obviously contradicts the aim of having four-year terms.
Mr Michael McMahon (Hamilton North and Bellshill) (Lab):
Lab
Minister, you have probably gathered that there is some scepticism in the committee about the bill. Part of that scepticism is based on the idea that the bil...
Peter Peacock:
Lab
God forbid that we would ever be accused of trying to avoid any of the Kerley recommendations. As you know, we are committed to making progress on the questi...
Iain Smith (North-East Fife) (LD):
LD
I thank the minister for the discussions that he and I have had on the draft bill and the assurances that he has given to the committee this afternoon on som...
Peter Peacock:
Lab
We will consider the drafting to see whether there are ways of better expressing matters relating to the four-year term, in order to draw attention to the pr...
The Convener:
Lab
Donald, would you like to ask anything?
Donald Gorrie (Central Scotland) (LD):
LD
No. As you know, convener, I am here for the next item. I have a continuing interest in these subjects.
The Convener:
Lab
I just did not want you to think that we were ignoring you.Are there any more questions?