Committee
Procedures Committee, 12 Sep 2006
12 Sep 2006 · S2 · Procedures Committee
Item of business
Guidance on Committees
So the guidance is simply guidance and by no means a limit. If anyone says, "That is not in the guidance," we can say that that is tough and we can still do it.
In the same item of business
The Convener:
LD
Agenda item 2 is guidance on committees. A document on the subject has been circulated to members. Elizabeth Watson, the document's main author, is here to a...
Elizabeth Watson (Scottish Parliament Directorate of Clerking and Reporting):
The guidance that is currently available on the website is substantially out of date and does not represent the way in which committees now work, nor does it...
The Convener:
LD
Are there any questions?
Karen Gillon:
Lab
I have a comment. I certainly will not be able to sign off the guidance today, because I want to go through it line by line. I am concerned about the fact th...
The Convener:
LD
You have every right to go through the document privately line by line and to come back with questions and views at our next meeting.A point that was made la...
Chris Ballance:
Green
Like Karen Gillon, I would like another week in which to consider the paper. However, I want to ask now about the status of the guidance. If a member wants t...
Elizabeth Watson:
Practice in committees has always evolved, and there have been changes over the years. Provided that something is competent within the standing orders and th...
Chris Ballance:
Green
If I tried to do something and was told that it was against the guidance, what would happen next?
Elizabeth Watson:
The real question is whether it is against standing orders. If it is possible within the standing orders, that must be what rules.
Chris Ballance:
Green
So the guidance is simply guidance and by no means a limit. If anyone says, "That is not in the guidance," we can say that that is tough and we can still do it.
Elizabeth Watson:
As long as the action is within the standing orders and the remit of your committee, it is competent.
Andrew Mylne (Clerk):
I want to add briefly to what Elizabeth Watson has said. One or two things that are referred to in the guidance are more mandatory in character but are not r...
Chris Ballance:
Green
Is it clear in the guidance what is a determination and what is not?
Elizabeth Watson:
When a determination has been made, that is referred to in the guidance.
Cathie Craigie:
Lab
Would it not be simpler if we made the standing orders that are agreed by the Parliament for the smooth running of committees available to everybody in the s...
Elizabeth Watson:
The standing orders are available on the website and in hard copy. The bulk of the guidance document is a description of practice in committees. For example,...
Cathie Craigie:
Lab
This is about opinions and how things are working, rather than questioning the specific document. Surely our committees have a remit. They are unique in thei...
Alex Johnstone:
Con
I robustly defend the existence of the draft guidance. Although I have reservations, I take that view because if the document did not exist it would not stop...
The Convener:
LD
Some members wish to go through the document in more detail, which they are at liberty to do. The document explains that it is just guidance and that standin...
Karen Gillon:
Lab
The issue is the confusion between custom and practice and rules. Custom and practice is being interpreted as rules by many in this building. It is for membe...
Chris Ballance:
Green
Because that is what happens.
Richard Baker:
Lab
But it is not right.
Karen Gillon:
Lab
Exactly. We are giving the practice a status that it does not have.
The Convener:
LD
We should give the matter further consideration. Elizabeth Watson will attend next week's meeting to guide members through the issue and to answer questions,...