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Every contribution to the Official Report — chamber and committee — searchable in one place. Pulled from data.parliament.scot, indexed for full-text search, linked through to every MSP.

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Showing 60 of 2,354,908 contributions. Latest 30 days: 0. Coverage: 12 May 1999 — 25 Mar 2026.
Karen Gillon Lab Chamber
25 Mar 2010
Public Services Reform (Scotland) Bill: Stage 3
To me, this is a simple and straightforward debate: how does this Parliament want to amend primary legislation? Members know how difficult it is to get anything on the face of a bill—all Governments resist placing detail in a bill as much as they can. Therefore, if something i...
Karen Gillon (Clydesdale) (Lab): Lab Chamber
11 Nov 2004
Bills
For some time, members have expressed concern about the timetable for the process for legislation. Those concerns have been echoed by others inside and outwith the Parliament. A number of areas required detailed scrutiny and discussion. In carrying out that scrutiny, the Proce...
The Convener: Lab Committee
22 Jan 2002
Subordinate Legislation
I propose that we discuss all three Scottish statutory instruments together. The Subordinate Legislation Committee's report draws particular attention to the second of the Scottish statutory instruments that is before us, but it also refers to the first and the third. I unders...
Karen Gillon (Clydesdale) (Lab): Lab Chamber
15 May 2008
Crofting
The debate has been interesting. There is a general consensus that the report is to be welcomed but that more time needs to be given to consideration of the full impact of its recommendations. If the process for the Crofting Reform etc Bill taught us anything, it taught us abo...
Karen Gillon: Lab Committee
30 Mar 2004
Bills (Timescales and Stages)
That is fine.An issue that I want to raise ties in with an issue that you have already raised, which is that there would be an increase in the amount of time that a committee spends on Executive business rather than on its own business. I have been on committees that have deal...
The Convener: Lab Committee
22 Jan 2002
Subordinate Legislation
It may be helpful to explain that this committee has already had to take through a second piece of legislation because of ineffective drafting. That might explain why we are reluctant to accept drafting that is not as it should be and are wary of anything going forward that ma...
Karen Gillon: Lab Committee
03 Oct 2006
Standing Orders (20-day Rule)
There is another worrying line at the end of page 2 in the section of the paper on the inquiry into the regulatory framework in Scotland, which states:"If its recommendations are accepted, the 20 day rule will no longer exist."That might be all very well for the Subordinate Le...
Karen Gillon (Clydesdale) (Lab): Lab Chamber
30 Oct 2003
European Week for Safety and Health
I am pleased to bring to the chamber this debate on the European week for safety and health at work. It is a matter that affects us all as workers and, given Scotland's comparatively poor record, it is one that we must continue to address in the chamber. This is not the first ...
Karen Gillon (Clydesdale) (Lab): Lab Chamber
30 Sep 2004
Emergency Workers (Scotland) Bill: Stage 1
I register my interest as a member of Unison and as the wife of a psychiatric nurse.In September 2002, I was fortunate to secure a debate in the Parliament on emergency services staff. The debate was held at a time when the number of vicious, sustained attacks on emergency ser...
Karen Gillon (Clydesdale) (Lab): Lab Chamber
01 May 2008
International Workers Memorial Day
I draw members' attention to my entry in the register of members' interests and, like other members, congratulate Elaine Smith on securing this important debate.Day and daily, people leave their homes to go to work, all of them assuming that they will return at the end of thei...
The Convener: Lab Committee
10 Jan 2001
Subordinate Legislation
We have two Scottish statutory instruments before us this morning. The first is the Education (Provision of Information as to Schools) (Scotland) Amendment Regulations 2000 (SSI 2000/406), which is subject to negative procedure. I invite the committee's comments on it. The Sub...
The Convener: Lab Committee
30 Jan 2001
Subordinate Legislation
The third item on the agenda is a piece of subordinate legislation, the Teachers' Superannuation (Additional Voluntary Contributions) (Scotland) Amendment Regulations 2000 (SSI 2000/444), which is subject to the negative procedure. We are the lead committee on the regulations....
The Convener: Lab Committee
29 May 2001
Children's Commissioner
Item 3 on the agenda is an update on the children's commissioner inquiry. We have appointed Alison Clelland as reporter. She is likely to begin her work about July 2001, when we have completed our initial investigations with the one-day seminar and the film.On 14 May, I visite...
The Convener: Lab Committee
12 Mar 2002
Subordinate Legislation
I met Margo MacDonald, the convener of the Subordinate Legislation Committee, after I wrote her a letter following the last but one piece of subordinate legislation—the last one was withdrawn because it was defective. We will make a joint approach to the Procedures Committee t...
The Convener: Lab Committee
12 Mar 2002
Subordinate Legislation
I think that all members share your concerns about the drafting of legislation. With the convener of the Subordinate Legislation Committee, I will continue to press for effective measures to be put in place to ensure good drafting. Thank you for not pressing the matter to a vo...
The Convener: Lab Committee
25 Feb 2003
Subordinate Legislation
Item 2 on the agenda is subordinate legislation. The committee is asked to consider, under the negative procedure, Scottish statutory instrument 2003/67, the Registration of Foreign Adoptions (Scotland) Regulations 2003. The purpose of the regulations is to specify the require...
The Convener: Lab Committee
11 Mar 2003
Work Programme
That would be helpful. We are obviously tied by the procedures of the Parliament. I have amendments timetabled for 25 March, with evidence on 17 March, assuming that everything goes ahead. My only concern with the Presiding Officer's letter is the subordinate legislation issue...
Karen Gillon (Clydesdale) (Lab): Lab Committee
26 Sep 2006
Bankruptcy and Diligence etc (Scotland) Bill: Stage 2
The minister and members of the committee are aware of the concern that was expressed at stage 1 that, with unsecured debts, people in Scotland could lose their houses for small amounts of money. Concern that the threshold was too low was expressed. Like other members of the c...
Karen Gillon: Lab Committee
25 May 2004
Bills (Timescales and Stages)
I am sure that lessons can be learned, but I think that the process of producing the bill revealed the need to beef up the resources that were available to committees and members to help them to produce legislation. That is partly why the Procedures Committee has undertaken an...
Karen Gillon: Lab Committee
27 Sep 2005
Private Bills
Convener, I am sure that you will find over the next few months that we do not tend to act as anybody's lapdog, so you can be reassured on that point.We have two different sets of legal advice. I guess that the Executive's legal advice is that we can proceed with the proposal ...
Karen Gillon: Lab Committee
23 May 2006
Parliamentary Time
My slight concern about trying to put anything further in the standing orders or in any prescription about the parliamentary year is that I would like to encourage the Executive to get away from the view that legislation must be completed within a parliamentary year. We have a...
Karen Gillon: Lab Committee
03 Oct 2006
Standing Orders (20-day Rule)
Perhaps what we should be asking about are the implications for lead committees of changes to how the Subordinate Legislation Committee reports to those committees. If the Subordinate Legislation Committee were to take 21 days rather than 20 days, would that knock a lead commi...
Karen Gillon (Clydesdale) (Lab): Lab Committee
25 Jun 2008
Subordinate Legislation
I have some serious concerns about the regulations because of the report from the Subordinate Legislation Committee and some of the explanations that have been given, particularly in relation to the reasonable excuse provision, which has been highlighted. I am still not clear ...
Karen Gillon (Clydesdale) (Lab): Lab Chamber
05 Sep 2001
Scottish Executive's Programme
On behalf of the Scottish Labour party, I am proud to sum up in the debate on our third legislative programme in the first, historic Scottish Parliament. The First Minister has outlined the 24 acts that have already gone through the Parliament, which have changed the lives of ...
Karen Gillon (Clydesdale) (Lab): Lab Chamber
20 Mar 2008
Marine Environment
On the whole, the debate has been constructive and consensual. Key themes have certainly begun to emerge. The UK marine bill is due within the month, and it is imperative that Scotland does not fall behind in such a crucial area of environmental policy. I welcome the debate th...
The Convener: Lab Committee
01 May 2001
Children's Commissioner
We move to item 4 on the agenda. Members have received an e-mail confirming that we have decided not to hold the event that was scheduled for Monday 4 June on that date, as members' diaries could not be committed that week. Because of the nature of the event, attendance by a m...
The Convener: Lab Committee
18 Sep 2001
Subordinate Legislation
All the pieces of subordinate legislation that we have before us today are subject to negative procedure. However, I felt that it would be useful for the committee if members of the Scottish Executive came to advise us on what the instruments are about.
The Convener: Lab Committee
18 Sep 2001
Subordinate Legislation
That explanation is helpful. This committee shares the concern of the Subordinate Legislation Committee that the 21-day rule was broken. I hope that the Scottish Executive will give an appropriate explanation of that to the Presiding Officer.
The Convener: Lab Committee
18 Sep 2001
Subordinate Legislation
While we can accept that the civil servants were under pressure at the time, we should endeavour to ensure that the 21-day rule, which is helpful and allows for proper discussion and consultation, is met by the Executive. It is appropriate for the Subordinate Legislation Commi...
The Convener: Lab Committee
23 Oct 2001
Subordinate Legislation
The next item on the agenda is the consideration of subordinate legislation. I remind members and the public that all mobile phones and pagers should be switched off or set to silent mode.To help our consideration of the Holyrood Park Amendment Regulations 2001 (Draft)—which a...
The Convener: Lab Committee
11 Dec 2001
Subordinate Legislation
Agenda item 5 is consideration of two pieces of subordinate legislation. With us are representatives of Historic Scotland and of the Scottish Executive.First, we will consider Protection of Wrecks (Designation) (No 2) (Scotland) Order 2001 (SSI 2001/384) under the negative pro...
The Convener: Lab Committee
11 Dec 2001
Subordinate Legislation
I knew that Margo MacDonald would have a significant impact on the Subordinate Legislation Committee.Do members have questions on the order?
The Convener: Lab Committee
22 Jan 2002
Subordinate Legislation
We move to item 4, on subordinate legislation, which could be very interesting.
The Convener: Lab Committee
22 Jan 2002
Subordinate Legislation
I draw your attention to paragraph 42 of the Subordinate Legislation Committee report in relation to the European convention on human rights. The committee made the point that because of"the failure to provide for an appeal against a decision to terminate an appointment to a p...
The Convener: Lab Committee
22 Jan 2002
Subordinate Legislation
The Subordinate Legislation Committee has drawn several issues other than the ECHR issue to our attention. Even if we accept that the ECHR issue would have to be subject to a judicial review and a challenge in the courts—despite the fact that we think it should be dealt with a...
The Convener: Lab Committee
22 Jan 2002
Subordinate Legislation
I want to make something very clear so that there is no ground for misinterpretation. The committee does not want to do anything that would jeopardise the rights and responsibilities of young people or their rights to legal representation. If anybody should indicate that by sc...
The Convener: Lab Committee
22 Jan 2002
Subordinate Legislation
We have received an extract from the Subordinate Legislation Committee's report, which is dated 21 January.
The Convener: Lab Committee
29 Jan 2002
Subordinate Legislation
I certainly intend to write to the convener of the Subordinate Legislation Committee to ask whether she and I can make a direct approach to the Procedures Committee on the timetabling issues. I also intend to mention the consistently bad drafting. The instruments that we are c...
The Convener: Lab Committee
29 Jan 2002
Subordinate Legislation
Some confusion exists about panel members being members of the Law Society of Scotland. I understood that the Subordinate Legislation Committee was asking whether it was open to solicitors and counsel to belong to a panel, or only to solicitors. Some clarification on that woul...
The Convener: Lab Committee
03 Sep 2002
Subordinate Legislation
I am sorry to see that, in the five months of my maternity leave, the drafting of regulations—as they come before the committee—seems not to have improved. I know that the committee has previously been concerned about drafting. We need to continue to examine the matter until t...
The Convener: Lab Committee
17 Sep 2002
Subordinate Legislation
Item 1 is consideration of subordinate legislation. We are considering two instruments that are subject to the negative procedure.
The Convener: Lab Committee
17 Sep 2002
Subordinate Legislation
The Education (Disability Strategies) (Scotland) Regulations 2002 (SSI 2002/391) might not be so straightforward. Members have the report from the Subordinate Legislation Committee, which raises a number of issues. Wendy Wilkinson, from the Scottish Executive education departm...
The Convener: Lab Committee
21 Jan 2003
Subordinate Legislation
We come to SSI 2003/19. The purpose of the regulations is to implement the 1993 Hague convention on the protection of children and co-operation in respect of intercountry adoption, which was concluded at The Hague on 29 May 1993. The UK plans to deposit the instrument on 1 Mar...
The Convener: Lab Committee
21 Jan 2003
Subordinate Legislation
What a wonderful committee the Subordinate Legislation Committee is.
The Convener: Lab Committee
21 Jan 2003
Subordinate Legislation
I am not picking up any strong feelings from the committee, although Ms Baillie enjoyed herself on the Subordinate Legislation Committee—the Siberia of the Parliament.
Karen Gillon: Lab Committee
08 Nov 2005
St Andrew's Day Bank Holiday (Scotland) Bill: Stage 1
I am not necessarily convinced that there would be no financial implications from Dennis Canavan's bill. Whatever happens, a bill that will introduce an additional public holiday will result in a price to the public purse. If we enact legislation, we will be expected to provid...
Karen Gillon (Clydesdale) (Lab): Lab Committee
17 Dec 2003
Subordinate Legislation
We would be negligent if we allowed the instrument to be passed. I do not think that we have any option. We might have to lodge a motion of annulment, but we should give the minister the opportunity to respond to the Subordinate Legislation Committee's concerns by early Januar...
Karen Gillon: Lab Committee
03 Mar 2004
Subordinate Legislation
I understand fully why someone who represents a fishing constituency would be very emotional about the issue and about the potential impact that it would have on constituents. I disagree with Richard Lochhead's assertion that we have a duty to represent those constituents: we ...
Karen Gillon (Clydesdale) (Lab): Lab Committee
09 Jun 2004
Petitions
I have some difficulty with the two presentations that we have heard. We have had a full statement about all the legislation and all the planning conditions and controls that exist, but we are considering petitions about actual waste water treatment facilities that have been b...
Karen Gillon: Lab Committee
22 Jun 2004
Bills (Timescales and Stages)
Maybe I have just been lucky, but I have never gone into a committee not knowing the arguments on both sides of a debate around big amendments. The process might put pressure on organisations, but they certainly get to MSPs and they know what buttons to push. I do not buy the ...
Karen Gillon: Lab Committee
22 Jun 2004
Bills (Timescales and Stages)
There is an issue. My experience is that subordinate legislation is the one part of the Executive's legislation that is very badly drafted—that continues to be a problem. If the Executive says that the use of those powers will be subject to affirmative resolution, I am relaxed...
Karen Gillon: Lab Committee
12 Apr 2005
Sewel Convention Inquiry
There is no way of doing that other than for the Scottish Parliament to legislate. If we are not happy with the bill, we can introduce a bill of our own in the Scottish Parliament to amend the legislation, but there is no process whereby the Scottish Parliament can amend a Wes...
Karen Gillon: Lab Committee
26 Apr 2005
Sewel Convention Inquiry
They could print it from the internet.We have faced peculiar circumstances in the past three months because we are in the run-up to a UK election and legislation has to be passed. Members will not know when the Executive knows that a bill will require a Sewel motion—that is a ...
Karen Gillon: Lab Committee
24 May 2005
Sewel Convention Inquiry
We have sometimes left ourselves open to criticism because our process has not been as clear or transparent as it could be. If we bring in the changes that we are suggesting in our first paper, which will mean that the process is more transparent because there will be a clear ...
Karen Gillon: Lab Committee
24 May 2005
Sewel Convention Inquiry
If that happened, we would introduce legislation in Scotland to repeal the legislation to which we had not given consent.
Karen Gillon: Lab Committee
08 Nov 2005
Parliamentary Time
Your point is well made, Graham. We are under no pressure to carry legislation over, except in the world of real politics, where we are under substantial pressure to get things finished. I am quite sympathetic to the view that the final two weeks before the summer recess could...
Karen Gillon: Lab Committee
08 Nov 2005
Parliamentary Time
In the light of Bruce McFee's comments, and at the risk of incurring the wrath of my colleagues, I would like to distinguish between constituency and list members. I left my house at 8.45 am yesterday and got back at 10.45 pm and I have no idea where I could have found another...
Karen Gillon: Lab Committee
08 Nov 2005
Parliamentary Time
I am interested to know how the outside organisations think we can improve the kind of discussion that takes place in members' business debates. Such debates should not be about legislation, Executive business or non-Executive business; they should be about members putting for...
Karen Gillon: Lab Committee
23 May 2006
Parliamentary Time
For some time, I have been thinking about how we handle legislation. What concerns me most about that—especially at stage 1—is the fact that the committee report becomes a subject of debate among the members of the committee. I have now taken the position that I will not put m...
Karen Gillon: Lab Committee
12 Sep 2006
Consolidation Bills
I support the option in the second bullet point in paragraph 10 of the paper, primarily because we will sometimes consider consolidation bills that include legislation that we have not debated, because it was in place before the Parliament came into existence. It would be usef...
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Chamber

Meeting of the Parliament 25 March 2010

25 Mar 2010 · S3 · Meeting of the Parliament
Item of business
Public Services Reform (Scotland) Bill: Stage 3
To me, this is a simple and straightforward debate: how does this Parliament want to amend primary legislation? Members know how difficult it is to get anything on the face of a bill—all Governments resist placing detail in a bill as much as they can. Therefore, if something is in primary legislation, it has been deemed by Parliament to be sufficiently important not to be dealt with by subordinate legislation.

One issue that we come up against time and again—the Rural Affairs and Environment Committee dealt with it only yesterday—is subordinate legislation that comes to committee badly drafted and at the last minute. Yesterday, the committee took the unprecedented step of agreeing a motion to annul a negative statutory instrument for precisely that reason.

If we are serious about amending primary legislation, we must be confident in the subordinate legislation process by which we would do that. We are asking the Parliament’s corporate body—a body that, as Mike Rumbles correctly says, is not a political body and which meets in private—to make such decisions on behalf of Parliament. This Parliament is the primary place for amending primary legislation; it should not be done through subordinate legislation. If something is important enough to be in primary legislation, it should be amended by primary legislation. That is a principle of the Parliament, and one that we should hold dear.

In the same item of business

The Presiding Officer (Alex Fergusson) NPA
The next item of business is stage 3 of the Public Services Reform (Scotland) Bill. In dealing with amendments, members should have the bill as amended at st...
The Presiding Officer NPA
Group 1 is on regulation of the water industry. Amendment 1, in the name of Patrick Harvie, is grouped with amendments 4, 79 to 81, 5, 84, 85, 91, 2, 3 and 92.
Tricia Marwick (Central Fife) (SNP) SNP
On a point of order, Presiding Officer. There are no printed copies of the marshalled list or groupings of amendments at the back of the chamber for the bene...
The Presiding Officer NPA
There should be. We will put that right as soon as possible, if that is the case. I call Patrick Harvie.
Patrick Harvie (Glasgow) (Green) Green
Presiding Officer, I cannot tell you how pleased I am to be the first member to speak in the stage 3 debate on this mess of a bill—at least I could tell you,...
The Cabinet Secretary for Finance and Sustainable Growth (John Swinney) SNP
I turn first to the Government amendments. Amendments 79 to 81 are technical amendments. They amend the Scottish Public Services Ombudsman Act 2002 to ensure...
Jeremy Purvis (Tweeddale, Ettrick and Lauderdale) (LD) LD
For clarification, can the cabinet secretary confirm that the effect of the amendments of that the ombudsman can now be involved in contractual disputes invo...
John Swinney SNP
As I have set out, the ombudsman will be able to take forward the functions of Waterwatch.The provisions in the bill will transfer Waterwatch’s complaints ha...
Jeremy Purvis LD
Will the cabinet secretary give way?
John Swinney SNP
No. I have to make progress.The transfer will create a number of benefits for consumers. It will simplify access by moving towards a one-stop shop for consum...
Derek Brownlee (South of Scotland) (Con) Con
I am perhaps not quoting Patrick Harvie directly, but he suggested, if I picked him up correctly, that the issue is finely balanced, which is what the Review...
The Presiding Officer NPA
Four members wish to speak in the open debate. I can give them no more than two minutes each.
Jackie Baillie (Dumbarton) (Lab) Lab
I speak in support of amendments 1 to 5, in the name of Patrick Harvie, which seek to reverse the amendments made by the cabinet secretary at stage 2 and kee...
Joe FitzPatrick (Dundee West) (SNP) SNP
Will the member take an intervention?
Jackie Baillie Lab
No, I do not have time.Mr Swinney’s plan to split Waterwatch Scotland’s functions between the SPSO and Consumer Focus Scotland was therefore denied, after du...
The Presiding Officer NPA
I must hurry you.
Jackie Baillie Lab
Finally, Presiding Officer—
The Presiding Officer NPA
I really must hurry you.
Jackie Baillie Lab
Okay. I simply add that when the then Environment and Rural Development Committee considered the issue, Rob Gibson, Richard Lochhead and, indeed, Alex Johnst...
Jeremy Purvis LD
The cabinet secretary said on 9 December 2008:“I do not think that it would be appropriate for the Government to add something else to the remit of the Scott...
Joe FitzPatrick SNP
He is sitting there.09:15
Jeremy Purvis LD
And Mr FitzPatrick will, no doubt, contribute to this debate, if he is so confident.There are concerns with regard to amendment 81 and the justification that...
Dr Richard Simpson (Mid Scotland and Fife) (Lab) Lab
I rise to speak because Waterwatch is in my constituency and that of Keith Brown. We will be interested to see how he votes on amendment 81. Waterwatch was p...
The Presiding Officer NPA
I call Patrick Harvie to wind up and either press or withdraw amendment 1. I ask him to do so as briefly as he can.
Patrick Harvie Green
The cabinet secretary has, indeed, argued the case in favour of the change that he proposes, arguing that it will simplify the service that will be offered t...
The Presiding Officer NPA
The question is, that amendment 1 be agreed to. Are we agreed?Members: No.
The Presiding Officer NPA
There will be a division, but there will be a five-minute suspension before it.09:18 Meeting suspended. 09:23 On resuming—
The Presiding Officer NPA
We will proceed with the division.ForAlexander, Ms Wendy (Paisley North) (Lab) Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (Lab) ...
The Presiding Officer NPA
The result of the division is: For 63, Against 64, Abstentions 0.Amendment 1 disagreed to.Section 10—Public functions: efficiency, effectiveness and economy
The Presiding Officer NPA
Group 2 is on order-making powers. Amendment 24, in the name of David Whitton, is grouped with amendments 25, 57, 27, 28, 58, 29, 30, 32 to 41, 43, 52, 87, 2...