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.
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...