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Showing 60 of 2,354,908 contributions. Latest 30 days: 0. Coverage: 12 May 1999 — 25 Mar 2026.
The Convener: LD Committee
20 Dec 2005
Procedural Guidance
The next item concerns the revised "Guidance on Private Bills", which is a substantial document. The new bits in the guidance are highlighted in grey. In light of what Karen Gillon was saying, do we want to go more carefully through the grey bits? The guidance is fairly detail...
Donald Gorrie (Central Scotland) (LD): LD Committee
04 Feb 2003
Commissioner for Children and Young People (Scotland) Bill: Stage 2
The minister said that no guidance would be provided. I can see that it is quite correct that, once the Parliament has passed the bill, neither the Parliament nor the Executive will provide any guidance to the commissioner, who will be very independent and do his or her duty a...
Donald Gorrie: LD Committee
05 Mar 2002
Freedom of Information (Scotland) Bill: Stage 2
We are back at the question of record keeping, which figures earlier in the bill. Amendments 141 and 142 deal with the same issue in the appropriate places. Section 61 currently states:"Scottish Ministers are to issue … a code of practice providing guidance to Scottish public ...
Donald Gorrie (Central Scotland) (LD): LD Committee
15 Sep 2004
Antisocial Behaviour etc (Scotland) Act 2004<br />(Draft Guidance)
I am not satisfied that the guidance sufficiently meets the points that were made by the committee about ensuring that councils consult and involve all the right people in creating communities that discourage antisocial behaviour. On page 13 of the guidance, in paragraph 64, t...
Donald Gorrie: LD Committee
12 Feb 2002
Freedom of Information (Scotland) Bill: Stage 2
Amendments 68, 69 and 70 refer to section 23(3), which says:"In adopting or reviewing its publication scheme the authority must have regard to the public interest in—"after which some situations are listed. Amendment 68 suggests that it would be valuable for the publication sc...
The Convener: LD Committee
19 Sep 2006
Guidance on Committees
On page 44, the draft guidance correctly reflects the changed rules about legislative consent motions rather than how we dealt with such things in the past. For example, the Executive now has to explain why a law must be changed and why the legislative consent motion is the wa...
The Convener: LD Committee
06 Mar 2007
Guidance
The guidance seems to be fairly straightforward. As with the guidance on questions, if members have any afterthoughts on the document they can contact Hugh Flinn via Andrew Mylne.We move on to "Guidance on Public Bills", which is a larger document. I understand that the paragr...
Donald Gorrie: LD Committee
21 Apr 2004
Antisocial Behaviour etc (Scotland) Bill: Stage 2
I do not accept the argument that accepting amendments 145, 129 and 130 would mean that authorities would have to speak to young people only about existing recreation facilities and so on. That is an absurd argument, which the text of the amendments does not substantiate.Gener...
Donald Gorrie: LD Committee
07 Nov 2000
Publication of Rejected Amendments
On the question of printing the inadmissible amendments, I would clearly lose by 2:1. I like to stick to my guns, but I am not fussy at the moment. Janis Hughes's suggestion that there should be some research was helpful, and I am glad that you support that idea, convener. For...
The Convener: LD Committee
20 Dec 2005
Procedural Guidance
I would like to pursue Karen Gillon's point. Say, for the sake of argument, that we approve this revised guidance so that it can be sent to the promoters, even though it may have to be revised again in future. Can promoters pursue their bills on the basis of this revised guida...
The Convener: LD Committee
20 Dec 2005
Procedural Guidance
If we agree this guidance and, in half an hour's time, we agree another set of proposals, will the cumulative effect be to delay the bills by another six months while the private bills unit rewrites the guidance for them?
The Convener: LD Committee
20 Dec 2005
Procedural Guidance
If we agree the revised guidance now and the proposal to have someone hear the objections goes through Parliament, can the forthcoming railway bills progress before you have written your guidance on the basis of our future decision?
The Convener: LD Committee
12 Sep 2006
Guidance on Committees
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 standing orders are standing orders. Until recently, I was not aware of the existence of the document; most members are unaware...
The Convener: LD Committee
19 Sep 2006
Guidance on Committees
Perhaps the couple of members who are not here might be allowed to pass on to Elizabeth Watson any minor tweaks that might occur to them. Basically, we have to agree the guidance. As I understand it, Karen Gillon has indicated her basic support for it, but she might wish to ma...
The Convener: LD Committee
06 Mar 2007
Guidance
We will start with "Guidance on Parliamentary Questions", which I just happen to have in my hand, and which updates existing guidance. It is for internal use by clerks and other people who have to deal with these matters, but it is also available for MSPs and our friends outwi...
Donald Gorrie: LD Committee
04 Oct 2000
Transport (Scotland) Bill: Stage 2
I am slightly happier to accept the minister's arguments about amendment 26 than I was her arguments on a previous amendment. Bruce Crawford's list is not complete and, although section 1(3) as amended would incorporate a sort of catch-all phrase, it might be more appropriate ...
Donald Gorrie: LD Chamber
17 Jun 2004
Antisocial Behaviour etc (Scotland) Bill: Stage 3
It is important that the Executive should strengthen the guidance. At first sight, the draft guidance is not as strong in this area as it should be, particularly on the training of people such as the police and local government officials who will have to deal with the problems...
Donald Gorrie (Central Scotland) (LD): LD Chamber
17 Jan 2007
Protection of Vulnerable Groups (Scotland) Bill: Stage 1
The ministers and the Education Committee deserve credit. We are in the situation of a long-distance runner who sets out far too fast in a race. If we could start again, we would deal with the issue in a more measured way. However, at least the ministers acknowledge that we ar...
Donald Gorrie: LD Committee
21 Apr 2004
Antisocial Behaviour etc (Scotland) Bill: Stage 2
I understand what the minister said about amendment 146, but it is important that, somewhere in the bill, or possibly in the guidance, it is made absolutely clear that a local authority must fulfil its duties under the various acts to provide an effective system of personal su...
Donald Gorrie: LD Committee
28 Apr 2004
Antisocial Behaviour etc (Scotland) Bill: Stage 2
The objective of my amendment 149 and, I think, of Stewart Stevenson's amendment 149A is to try to take account of the strongly and sincerely held views of a number of people in organisations that try to help people with medical problems or disabilities. People in those organi...
Donald Gorrie (Central Scotland) (LD): LD Committee
13 May 2004
Antisocial Behaviour etc (Scotland) Bill: Stage 2
I think that you were quite right to allow Cathie Craigie adequate time to explain the amendments, convener, which she did creditably, because, although the concept of a national register was discussed in our consultation at stage 1, the mechanics of it have not been properly ...
Donald Gorrie: LD Committee
15 Sep 2004
Antisocial Behaviour etc (Scotland) Act 2004<br />(Draft Guidance)
I agree about paragraph 2.12. The first sentence is on one extreme, the second is on another and there is a lot of ground in between the two. The people who will have to make the judgments should be given more guidance about the degree of antisocial behaviour—or the degree of ...
Donald Gorrie: LD Committee
09 Mar 2005
Opencast Coal <br />(Draft Planning Guidance)
I believe that you were, as the committee was, impressed by East Ayrshire Council's performance. Could the Executive encourage other councils to adopt or learn from that local authority's practices? In its subject plan, East Ayrshire Council said that it had more trouble with ...
Donald Gorrie: LD Committee
20 Sep 2006
Planning etc (Scotland) Bill: Stage 2
Amendment 186 arose out of conversations with Historic Scotland and church people. Serious disputes often arise out of planning applications relating to church buildings either because there is a desire to alter considerably the building to make it useable and of more value to...
Donald Gorrie: LD Committee
12 Feb 2002
Freedom of Information (Scotland) Bill: Stage 2
I find the minister's argument reasonably convincing. There is a fairly standard argument that if some things are on a list, it is implied that things that are not on that list are unimportant. If the minister assures me that, through a code or guidance given to or by the comm...
Donald Gorrie (Central Scotland) (LD): LD Committee
25 Apr 2000
Civil Servants
Standing orders should probably include guidance to members that, generally, they should not name civil servants and should think carefully before doing that, but that there is no bar on doing so. That position is somewhere between what David Steel and Christine Grahame are sa...
Donald Gorrie: LD Committee
12 Sep 2000
Housing Stock Transfer<br />Inquiry Report
Will the writers of the paper need any guidance? Minority reports are a fundamental issue. We are trying to seek consensus and it would be a pity to make it too easy to produce a minority report, as that would reduce the pull towards achieving consensus. On the other hand, a m...
Donald Gorrie (Central Scotland) (LD): LD Committee
07 Nov 2000
Publication of Rejected Amendments
One purpose of printing inadmissible amendments would be for those members of the public who are interested in the subject but who are not conversant with the procedure to see that, for example, an amendment that all fizzy water bottles should be blue and not green had been lo...
Donald Gorrie (Central Scotland) (LD): LD Committee
03 Apr 2001
Private Bills (Guidance)
I have a question on the earlier stages of the process. As I recall, representatives of the sort of people who produce private bills were involved in the consultation. Were they also involved in the consultation on the guidance, or is it understood that they are reasonably happy?
The Convener: LD Committee
20 Dec 2005
Procedural Guidance
Therefore, publishing the guidance is related to the hoped-for timetable for putting the three new bills into effect.
The Convener: LD Committee
20 Dec 2005
Procedural Guidance
Therefore, the guidance is mostly based on the previous report by this committee, but it has been influenced by proposals of the Waverley Railway (Scotland) Bill Committee and by other proposals.
The Convener: LD Committee
20 Dec 2005
Procedural Guidance
Do we accept that the guidance reflects reasonably the committee's previous decisions and the advice from the Waverley Railway (Scotland) Bill Committee people and that we should therefore approve it?Members indicated agreement.
The Convener: LD Committee
20 Dec 2005
Procedural Guidance
We approve the revised guidance on private bills. That ends the public part of the meeting. We are going to deal with two draft reports, which will see the light of day quite soon but which at the moment will be discussed in private.
The Convener: LD Committee
05 Sep 2006
Work Programme
Two other issues have arisen since the clerks wrote the paper, one of which concerns the volumes of guidance that are written by committee clerks for committee clerks. Technically, the committee has to approve those volumes of guidance. I am assured that there are no issues of...
The Convener: LD Committee
12 Sep 2006
Guidance on Committees
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 answer any questions. The document has been approved by the Conveners Group. It has to be approved by us, but it is not a...
The Convener: LD Committee
12 Sep 2006
Guidance on Committees
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 last week was that the guidance merely quotes the standing orders word for word and that, with all due respect, decisions ...
The Convener: LD Committee
12 Sep 2006
Consolidation Bills
The second substantive point concerns timing. I understand that those who dealt with the only consolidation bill that we have had so far felt that the bill was introduced very late in the parliamentary session. They felt under a lot of time pressure to push the bill through, w...
The Convener (Donald Gorrie): LD Committee
19 Sep 2006
Guidance on Committees
Karen Gillon has indicated that she will not be here. I am not sure about Bruce McFee and Richard Baker, but I hope that they will come. The first item is guidance on committees, which we discussed at our previous meeting, when we agreed that members should have another week t...
The Convener: LD Committee
19 Sep 2006
Guidance on Committees
That is helpful. Two people have made the same point in different ways. There was a typo in the note at the bottom of page 7. It refers to"each party that has more than five MSPs", but it should refer to "five or more".There is also a reference to committee substitutes, but we...
The Convener: LD Committee
19 Sep 2006
Guidance on Committees
We could presumably add, "Under standing order" and the relevant number. That is a fair point. To go back to page 10, there is new wording for paragraph 2.18 on the other sheet of paper that has been circulated, which I think covers the position. Karen Gillon and other members...
The Convener: LD Committee
19 Sep 2006
Guidance on Committees
The issue was raised as to whether we need annual reports at all, but we decided that we do. Will the Conveners Group produce advice or guidance on the matter in due course?
The Convener: LD Committee
19 Sep 2006
Guidance on Committees
Okay. I think that we got up to page 25 of the draft guidance.
The Convener: LD Committee
19 Sep 2006
Guidance on Committees
So the stuff in the draft guidance correctly reflects the legal advice and the status quo.
The Convener: LD Committee
06 Mar 2007
Guidance
We have three volumes of revised procedural guidance to consider. Hugh Flinn is here to tell us about one or two of them.
The Convener: LD Committee
06 Mar 2007
Guidance
Do members have any questions or observations on the paper on oral questions? I know that the committee has spent many hours on the subject and that we all have our views. However, this is not the occasion on which to make suggestions for changes. We are considering whether th...
The Convener: LD Committee
06 Mar 2007
Guidance
The volumes of draft guidance are not our papers. We are invited to cast an eye over them. I do not know whose documents they are. Do they belong to the chamber desk?
The Convener: LD Committee
06 Mar 2007
Guidance
Andrew Mylne will also note for discussion of our legacy paper the point that members should have adequate time for reading such documents. In this case, we are nearing the end of the session, so our timetable is a bit tighter.We move on to the revised "Guidance on Motions". H...
Donald Gorrie: LD Committee
27 Feb 2007
Code of Conduct
I am relaxed about whether the sections are called volumes or parts.I agree with Bill Butler that, when regional members take up cases, they should notify the constituency member. I use the etiquette that he suggested; I send a note to the constituency MSP when I pursue a matt...
Donald Gorrie: LD Chamber
07 Jun 2000
Standards in Scotland's <br />Schools etc Bill: Stage 3
I would like your guidance, Presiding Officer. After discussion with Sir David, I submitted to him a drafting amendment to amendment 25. In discussions with the various people involved, I gathered that the minister and many other people supported the thrust of Mr Monteith's am...
Donald Gorrie (Central Scotland) (LD): LD Chamber
12 Feb 2003
Protection of Children (Scotland) Bill
I welcome the minister's assurance about giving support, guidance and training—or words to that effect—to the voluntary sector, which has to deal with its side of the bill. However, I would like to press the minister on the issue of money. The voluntary organisations face a tr...
Donald Gorrie (Central Scotland) (LD): LD Chamber
31 Jan 2007
Tribunals, Courts and Enforcement Bill
The Scottish Council of Jewish Communities is, naturally, one of the groups that has studied this issue carefully because of the problems arising from the Nazis taking Jewish-owned art during the war. As has been said, the council is not in favour of our rejecting the motion, ...
Donald Gorrie: LD Committee
10 Sep 2003
Work Programme
Pursuing that subject, I support the suggestion that our main inquiry should be into developing the social economy.On housing, perhaps the convener and the clerk can give me guidance as to whether it would be possible for the committee to ask for written evidence on housing fi...
Donald Gorrie: LD Committee
21 Apr 2004
Antisocial Behaviour etc (Scotland) Bill: Stage 2
Executive amendment 36 is welcome, as it responds to points that the committee made in its report. Interruption. I am sorry; an antisocial bug has got hold of my voice. It is especially welcome that, under amendment 36 the council will have to "specify the range and availabili...
Donald Gorrie: LD Committee
21 Apr 2004
Antisocial Behaviour etc (Scotland) Bill: Stage 2
What the minister has said is helpful, but in the light of your strong contribution, convener, I hope that she will speak to you and me and other interested people about trying to find the right place in the bill, as opposed to the guidance, for a strong recommendation that co...
Donald Gorrie: LD Committee
21 Apr 2004
Antisocial Behaviour etc (Scotland) Bill: Stage 2
If the guidance achieves pass marks, I will be satisfied, so I will not press amendment 145.
Donald Gorrie: LD Committee
28 Apr 2004
Antisocial Behaviour etc (Scotland) Bill: Stage 2
Could the minister confirm that the guidance will be available for us to look at before we have to vote at stage 3?
Donald Gorrie: LD Committee
13 May 2004
Antisocial Behaviour etc (Scotland) Bill: Stage 2
Will the minister confirm that, under amendment 346, the appeal must be against a decision made under section 56, which I tried to amend, and would relate merely to whether the landlord acted correctly? Will she confirm that the appeal would in no way cover the nature and real...
Donald Gorrie (Central Scotland) (LD): LD Committee
09 Jun 2004
Charity Law
I want to ask about public benefit. You felt on reflection that to set out detailed criteria of public benefit in the consultation document might be too constricting. You therefore set no criteria; everything is left to OSCR. Is not that rather an extreme position?Difficulties...
Donald Gorrie: LD Committee
15 Sep 2004
Antisocial Behaviour etc (Scotland) Act 2004<br />(Draft Guidance)
There is one other point that I would like to raise. On page 15 of the paper on antisocial behaviour strategies, paragraph 75 is on resources and talks about local authorities and their partners deciding on the appropriate level of resources, but I think that it should also sa...
Donald Gorrie: LD Committee
15 Sep 2004
Antisocial Behaviour etc (Scotland) Act 2004<br />(Draft Guidance)
If local authorities have to divide up an inadequate cake as well as they can, the slices of that cake will be inadequate, even if the authorities divide it up wisely. The Executive should accept that it has to practise what it preaches, so it must provide a sensible budget fo...
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Committee

Procedures Committee, 20 Dec 2005

20 Dec 2005 · S2 · Procedures Committee
Item of business
Procedural Guidance
Gorrie, Donald LD Central Scotland Watch on SPTV
The next item concerns the revised "Guidance on Private Bills", which is a substantial document. The new bits in the guidance are highlighted in grey. In light of what Karen Gillon was saying, do we want to go more carefully through the grey bits? The guidance is fairly detailed. Could we agree that members who have concerns about the guidance could submit them to the clerk? Fergus Cochrane from the private bills unit is here to tell us about the revisions to the guidance. Could you focus on what, in your view, is most important in the grey bits, so that the committee has a better introduction to the issues that they raise?

In the same item of business

The Convener: LD
The next item concerns the revised "Guidance on Private Bills", which is a substantial document. The new bits in the guidance are highlighted in grey. In lig...
Fergus Cochrane (Scottish Parliament Directorate of Clerking and Reporting):
Essentially, the guidance seeks to implement the changes that were outlined in the committee's fourth report of 2005, on private legislation. The main change...
Karen Gillon: Lab
I assume that you know much of what is proposed in our next report. How will that affect the guidance?
Fergus Cochrane:
This version of the guidance was prepared on the back of the committee's fourth report. We understand that, in the light of the committee's next report, on t...
Karen Gillon: Lab
Would it not make more sense to issue revised guidance on the back of both reports? It seems a bit premature to issue new guidance on a procedure that we kno...
Fergus Cochrane:
We considered that point. However, some of the changes that we have incorporated into the new version of the guidance are to do with requirements that promot...
The Convener: LD
Therefore, publishing the guidance is related to the hoped-for timetable for putting the three new bills into effect.
Fergus Cochrane:
Yes.
Karen Gillon: Lab
When did we publish our previous report on private bills and when was it debated by Parliament? It was some time ago. I am concerned at the time that it has ...
Andrew Mylne:
I think that the committee's fourth report was debated in May.
Karen Gillon: Lab
Therefore, there was a lag of six months in getting the guidance published.
Fergus Cochrane:
Not all the changes that this version of the guidance contains were made solely on the back of the Procedures Committee's report. Many of the changes came ab...
The Convener: LD
I would like to pursue Karen Gillon's point. Say, for the sake of argument, that we approve this revised guidance so that it can be sent to the promoters, ev...
Fergus Cochrane:
I think so. I suspect that many of the changes to this version of the guidance will carry forward to a future version. I suspect that most of the changes to ...
The Convener: LD
If we agree this guidance and, in half an hour's time, we agree another set of proposals, will the cumulative effect be to delay the bills by another six mon...
Fergus Cochrane:
No.
Karen Gillon: Lab
What would be the timescale for producing revised guidance? I assume that guidance will have to be issued before our report is published and debated by Parli...
Fergus Cochrane:
I have not given much thought to how long publishing the guidance will take. I suspect that it may take another two or three months to prepare guidance on th...
The Convener: LD
Therefore, the guidance is mostly based on the previous report by this committee, but it has been influenced by proposals of the Waverley Railway (Scotland) ...
Fergus Cochrane:
Yes.
Karen Gillon: Lab
I am concerned that if we agree the guidance today, there will be no impetus for the next report to get through the guidance process timeously. I am concerne...
The Convener: LD
If we agree the revised guidance now and the proposal to have someone hear the objections goes through Parliament, can the forthcoming railway bills progress...
Fergus Cochrane:
Yes. The preparation of a further version of the guidance to reflect the role of assessors would need to be prioritised in order not to delay any of the bill...
Karen Gillon: Lab
I suppose that my question is for the Scottish Parliament directorate of legal services. If we issue guidance that people use on the introduction of a bill a...
Elspeth MacDonald (Scottish Parliament Directorate of Legal Services):
If the Parliament approves the revised guidance, it can indicate at the time of approval when it wants the changes to the standing orders to come into effect...
Karen Gillon: Lab
Could the standing orders be applied retrospectively to bills that had just been introduced?
The Convener: LD
Our report will be debated in January and any changes to the standing orders will be agreed to at that time. The new standing orders will take effect, allowi...
Karen Gillon: Lab
If, for example, the Glasgow airport rail link bill is introduced in the first week in January and the debate on the revised guidance takes place in the seco...
Elspeth MacDonald:
It could be dealt with under the new procedures if the Parliament made it clear that that is what it wanted. It is not a retrospective—
Karen Gillon: Lab
It would be a matter for the text of the motion that the Procedures Committee lodged.