Legislative Programme 2008-09
Background briefings for the 15 Bills contained in the Scottish Government's Programme for 2008-09.
EDUCATION SUPPORT FOR LEARNING BILL 2008
Education and Lifelong Learning Secretary Fiona Hyslop announced on 8 May the launch of a consultation exercise on a Bill that seeks to clarify and strengthen the 2004 ASL Act. The Bill will strengthen and clarify the law in relation to school education of children and young people with additional support needs. There is no intention to alter the thrust or ethos of the 2004 Act.
Placing requests
- Permit 'out of area' placing requests for those with ASN
- Extending jurisdiction of Education Additional Support Needs Tribunal (the Tribunal) in that respect
- To ensure existing mediation and dispute resolution services can be engaged subsequently to a successful out of area placing requests (and connected provision re costs recovery)
- Amending the law in relation to the basis on which placing requests (including 'home' requests) can be referred to the Tribunal, and between the Tribunal, Education Appeal Committee and Sheriff Court
- Consequential amendments to other sections to make 'out of area' placing requests work
Tribunal: certain procedural matters
- To allow certain procedural failures of an education authority in relation to coordinated support plans to be dealt with by a Tribunal
- To amend the law in relation to the Tribunal's rules on practice and procedure
The 2004 Act introduced a broad framework built around the concept of additional support needs to ensure that all children benefit from education.
The concept applies to any child who, for whatever reason, requires additional support, short or long term, in order to help them make the most of their education.
Pupils in Scotland, 2007 Census reported that of a total of 692,215 pupils in publicly funded schools in Scotland, there were 36,510 pupils who were either based in specials schools or had additional support needs in primary or secondary schools.
In mainstream schools there were 29,833 pupils (4.4% of all mainstream pupils) with a co-ordinated support plan (CSP), an individualised educational programme and/or with provision levels set by a Record of Needs pre-dating the 2004 Act. This compares to 29,173 pupils in 2006, a 2.3 increase
ARBITRATION (SCOTLAND) BILL
Arbitration is the process whereby parties agree to submit a dispute between them to a third party, an arbitrator, who often has special expertise or knowledge, and who will act as a private "judge" to produce a binding determination of the dispute. By agreeing to go to arbitration, the parties give up their right to go to court or to another method of dispute resolution. Arbitration has been mainly used in the commercial sphere.
The advantages of arbitration are that:
- The arbitrator's decision or "award" is final and binding without further court hearing
- An award may be enforced like a court decree. Within countries which have ratified the New York Convention on arbitration, arbitral awards made in other countries will be recognised with no need for further review of the issues. Thus arbitration offers major advantages to those engaged in international or cross-border trade
- The binding nature of the outcome offers attractions over other forms of alternative dispute resolution such as mediation
- Arbitration is also a confidential means of dispute resolution. Commercial parties may not wish the nature of their dispute or sensitive commercial information disclosed in court
The Arbitration Act which extends to the rest of the UK was passed in 1996. Since then, many other countries have reformed their arbitration laws, to make them more accessible and user friendly. Many have moved towards using arbitration codes backed by statute.
There is currently a loss of business, prestige, fee income and expertise because the law on arbitration in Scotland is out-of-date. If it is not modernised, arbitration in Scotland may fall into disuse at a time when use of arbitration appears to be increasing elsewhere.
The new law will encourage the use of arbitration domestically as a means of commercial dispute resolution and help to attract international arbitration business to Scotland. Reform of the law on arbitration will contribute to the provision of a range of methods of dispute resolution in Scotland which do not involve going to court and which may be quicker, less expensive and more user friendly than litigation.
Reform of the law may also encourage industries and professions to set up their own low cost arbitration schemes to resolve disputes. Such schemes have already been set up by ABTA, the Institute of Chartered Accountants in Scotland and the Scottish motor trade. The Bill will:
- Clarify and consolidate Scottish arbitration law, filling in gaps where these exist
- Provide a statutory framework for arbitrations which will operate in the absence of agreement between the parties and which sets out the various stages of an arbitration procedure
- Ensure fairness and impartiality in the process
- Minimise expense and ensure that the process is efficient without unnecessary delay
BUDGET BILL
This Bill will give statutory authority to the Scottish Government to spend money out of the Scottish Consolidated Fund in the financial year 2009-10.
It sets out the purposes for which those resources can be used and the maximum amounts that can be used for each of the Government's spending programmes.
It demonstrates how the Government is using its resources to benefit Scotland and the Scottish people.
The Bill is accompanied by a set of Budget Documents which set out the Government's spending plans in more detail and which are equivalent to Estimates in the UK government system of financial control.
The Bill will be introduced to Parliament in January 2009, to come into force at the beginning of the next financial year.
CHILDREN'S HEARINGS (SCOTLAND) BILL
The Children's Hearings system is Scotland's largest tribunal set up to support children and young people in trouble or at risk. The system is founded on the principle of local people from the children's own communities making decisions about how best to address children's needs.
In January 2008, the Scottish Government announced its intention to strengthen and modernise the children's hearings system by bringing together the various existing bodies into a single national body, provisionally called the Children's Hearings Agency.
It is intended that a new agency and associated changes to the process will ensure a stronger and more consistent approach to the work of the Children's Reporter Service, the delivery and administration of Children's Hearings and the recruitment, training and support provided to Panel members.
The structural reforms require legislative changes whilst some changes in practice can be taken forward without legislation.
Proposals for action are set out in the consultation document "Strengthening For The Future" which was published on 31 July. A report on this consultation will be issued by late December 2008. This will be followed by a draft Children's Hearings Bill and further consultation on the key provisions of the Bill in early 2009.
- A national agency will help streamline processes and practice and ensure standards are driven up across Scotland providing a system focussed on better outcomes for Children
- The new agency will deliver an effective and efficient Children's Hearings service, using local expertise - people will continue to be recruited, selected, trained and will sit on hearings on a local basis
- The different decision making functions of the children's reporter and the children's hearing need to be independent from one another and it will also be necessary for the functions to be appropriately separated within the day-to-day operational context. These requirements will be reflected in the legislation
- Other substantive Children's Hearings issues including legal representation and papers for children are being considered as part of the current consultation
Subject to the consultation process, it is intended to introduce a Children's Hearings Bill to the Scottish Parliament in June 2009.
SCOTTISH CLIMATE CHANGE BILL
Climate change is the one of the most serious threats facing Scotland and the world. The Scottish Government is committed to ensuring that Scotland plays its part in the global effort to reduce emissions which cause climate change while providing certainty for businesses in their investment choices.
Cabinet Secretary for Finance and Sustainable Growth John Swinney announced last June that the Scottish Government would consult on a Climate Change Bill. The consultation was launched in January and closed on 23 April. Over 21,000 responses were received.
The proposed Bill will introduce a target to reduce emissions by 80% by 2050, more ambitious than the UK Climate Change Bill target of 60%. We will also deliver a statutory framework to support its delivery. This framework will help to drive sustainable economic growth in Scotland by encouraging public and private sectors to move towards a low carbon economy. It will include: measures to ensure sustained action by this and future administrations; Expert, independent advice; and robust and transparent reporting and scrutiny mechanisms
Current action to reduce emissions includes:
- Initial assessment of potential new policies is being undertaken. A report of the findings will be published in late summer
- Scottish Budget committed to assessing carbon impact of spending. Guidance is being developed
- Strategic Overview of how and when emissions reductions might be realised will be published next year
- More funding: £18.8m Climate Challenge Fund (over 3 years - £8.8m in 2008-09) for community projects; £10m Saltire Prize for clean energy through marine renewables; £10m per annum for energy efficiency advice to business, public and domestic sectors; £1.1m per annum for a Scottish Energy Efficiency Awards
- New measures: Developing the Carbon Reduction Commitment - a mandatory UK emissions trading scheme being introduced in April 2010 which covers large non-energy-intensive businesses and public sector organisations. We announced in July that emissions from Scottish schools are to be included.
Consulting until October 31 on proposals for a Climate Change Adaptation Framework.
Key achievements over the past year include:
- Tripling of funding for community and microgeneration to £13.5 million this year and in the next two years
- Launch of seven sustainable travel demonstration towns 'Smarter Choices, Smarter Places'
- Publication of report and recommendations by Agriculture and Climate Change Stakeholder Group
- Introduction of revised regulations including a CO2 emissions target for new buildings
- Plans to move towards a zero waste society
COUNCIL TAX AND LOCAL INCOME TAX (LIT)
The Government believes that the council tax is regressive because it is based on asset values rather than income, and disadvantages particular groups such as pensioners. While the Council Tax Benefit system is designed to protect those on low incomes from the negative impact of the council tax, it often fails to do so due to a relatively low take up of this benefit.
Between March and July 2008 a consultation took place on the Government's proposals: "A Fairer Local Tax for Scotland". In April 2008, the Parliament agreed that the council tax is "….discredited, bureaucratic and unpopular; agrees on the urgent need for substantial changes to the system of local taxation".
The Government is committed to abolishing the council tax and replacing it with a fairer tax based only on the ability to pay. Key provisions of our proposals will include:
- A tax free personal allowance that matches the UK personal allowance levels
- A 3% rate applied to the income that is subject to basic and higher rates of UK income tax
- Collection that complements the existing national system of collection through Pay as You Earn (PAYE) and self assessment
Four out of five households will be better or no worse off - 67% will pay less tax and 15% will have no change. Only 18% of households will pay more.
Our proposals involve a £281 million tax cut to enable a 3p LIT across Scotland. This would be fully funded, meaning that no council in Scotland would see a reduction in its funding as a consequence of a LIT. CoSLA also voted in favour of a local income tax in June 2008.
We are currently working to complete analysis of the responses to the consultation paper which will be published in the autumn. Once this is done, we will make public the individual responses, where respondents have agreed to this, in the Scottish Government library and on our website.
A Bill will be introduced in this Parliamentary year.
CRIMINAL JUSTICE AND LICENSING BILL
The Scottish Government will introduce legislation to strengthen and modernise Scotland's justice system, ensuring local authorities, police, prosecutors and courts have the most effective powers to respond swiftly and decisively to tackle crime and disorder in our communities
The Criminal Justice and Licensing Bill will be introduced into the Scottish Parliament early next year.
The Bill will be a very wide ranging piece of legislation that will include provisions to reform community penalties, improve criminal law, modernise court procedures, assist victims and witnesses and also contain measures that will help address Scotland's drinking culture through further reforms to licensing law. The Scottish Government is planning to announce fuller details of the content of the legislation shortly.
The Scottish Government is keen to ensure the criminal justice system is able to deal swiftly and effectively with offending from the moment a crime is committed, to the police investigation, through the court processes and when sentences are handed out by the court.
That is why we plan to help:
- The courts and prosecutors through sensible reforms to the criminal law and court procedures - ensuring the interests of justice are served;
- Following conviction, deliver a flexible and coherent penal policy where prison remains the right disposal for serious and violent offenders;
- Take action to make sentences served in the community swifter, tougher and more visible to local communities ; and
- Increase public confidence and victims's understanding of the sentencing process and decisions taken by our courts through a system of sentencing guidelines, developed by a judicially-led Sentencing Council, that help deliver more consistent and transparent sentencing.
FLOOD RISK MANAGEMENT (SCOTLAND) BILL
The Bill will better protect homes and communities from the threat of flooding by making the process for protecting at-risk areas quicker and simpler.
The First Minister announced on September 15, 2007 his intention to introduce a bill to modernise flood risk management in Scotland.
Within weeks, Richard Lochhead Cabinet Secretary for Rural Affairs and the Environment called Scotland's first ever flooding summit - bringing together experts from all areas of flood risk management together to find solutions fit for the 21st Century.
The Bill sets out new statutory responsibilities to improve coordination between the organisations involved in flood risk management, and delivery of sustainable approaches to managing all forms and consequences of flooding. By protecting and working with the environment, sustainable flood risk management is intended to provide the maximum possible social and economic resilience against flooding for current and future generations.
It will ensure that Scotland is equipped with a modern statutory framework for flood risk management that will allow flooding to be managed to reduce its social and economic consequences, and safeguard the continued functioning of services and infrastructure.
In summary, the Bill makes substantive provision in relation to five main areas:
- Coordination and cooperation within the domain of flood risk management
- Assessment of flood risk and preparation of flood risk management plans, including transposing the EC Floods Directive
- Amendments to local authority and SEPA functions for flood risk management
- A revised statutory process for flood risk management measures
- A single enforcement authority for the safe operation of Scotland's reservoirs
The current statutory responsibilities for flood risk management are unclear and largely reactive. There is a lack of coordination between the different powers and duties under various legislation (including flood prevention, roads, urban drainage, and sewerage and land drainage). Scotland also lacks a strategic framework in which to coordinate flood risk management in Scotland.
HEALTH BILL
Tobacco Provisions
The proposed provisions in the Tobacco elements of the Health Bill are set out in the Scottish Government's Smoking Prevention Action Plan - an ambitious programme of measures designed specifically to dissuade children and young people from smoking. The action plan, launched via Ministerial Statement on 21st May 2008, was developed in consultation with the Scottish Ministerial Working Group on Tobacco Control which is chaired by the Minister for Public Health and whose membership is drawn from a range of key interests.
The plan draws on the 31 recommendations made by the Smoking Prevention Working Group in their report, Towards a Future Without Tobacco, and responses to the subsequent public consultation.
The detailed provisions of the Bill will be finalised once the outcome of the Regulatory Impact Assessment is known later this year. Broadly, the Bill will:
- Restrict or ban the display of cigarettes and other tobacco products at points of sale
- Update statutory controls on the sale of tobacco products, with a view to introducing a tobacco sales registration scheme and sanctions such as cautions and fixed penalty notices
The Scottish Government is also considering the public health merits of banning packs of 10 and vending machines.
Provisions relating to Debarring Commercial Companies From Providing GP Services
The Scottish Government proposes to introduce legislation to amend the National Health Service (Scotland) Act 1978 to prevent commercial companies from providing GP services.
The vast majority of practices in Scotland operate under contracts between NHS boards and GPs. Examples include a contract with an individual doctor, a partnership where at least one partner is a doctor or a company limited by shares where at least one shareholder is a doctor. In all cases the other partners or shareholders must be individuals from a statutory list of specified categories of persons. In each case the practice may employ others including additional doctors to assist in the provision of services for patients. It is also an option for a NHS Board to employ doctors directly to provide GP services.
As the 1978 Act stands however, a NHS board could award a contract to a commercial company which would then employ doctors to treat patients. The Scottish Government believes that commercial companies, where many of the shareholders may not be part of or have a direct interest in the NHS, should not be used to provide GP services.
The proposed amendment will debar commercial companies from bidding to provide GP services to ensure that the role of general practice continues to be delivered from within the traditional NHS family.
LEGISLATIVE REFORM (SCOTLAND) BILL
To allow the Scottish Parliament to commence functioning immediately on devolution it was necessary for the United Kingdom Parliament to provide a legislative basis for the following:
- How legislation made by the Scottish Parliament would be interpreted
- How the Parliament would scrutinise subordinate legislation
- How the Parliament would deal with legislation which allows for the use of Special Parliamentary Procedures
After 10 years of devolution it is time that the Scottish Parliament makes their own provisions on these important issues. Therefore the Bill will replace the three remaining Transitional Orders, which were made at devolution to govern the scrutiny of Statutory instruments, interpretation of Scottish legislation and Special Parliamentary procedures made under the Scotland Act
The Government is committed to collaborative working and this Bill provides an ideal opportunity to work closely with the relevant committees within the Parliament.
Quotes from the Subordinate Legislation Committee
Convenor of the Subordinate Legislation Committee (SLC) on the Government response to their recommendations on SSI's (17 June 2008) "The response is gratifyingly supportive of the changes to the scrutiny process that we recommended in our report…."
SLC Report, 12th Report, 2008 (Session 3) paragraph 19: "To date, we have found the present Scottish Government open-minded about the changes to the current system and willing to engage in dialogue with the Committee."
LEGAL SERVICES BILL
The Scottish Government regards a strong and independent legal profession as fundamental to our institutional and civic framework.
Legal services markets elsewhere are being liberalised to bring in alternative business structures (ABS), for instance in England and Wales. This Bill will allow the freeing up of legal practices in Scotland - to adopt ABS rather the traditional type of business, if they so wish. Firms will then be able to access external finance and professional expertise, leading to improved legal services and access to justice .
It will:
- provide access to high quality legal services for all, within a competitive market which is appropriately regulated.
- support the Government's economic objective by helping the legal services market in Scotland to grow and to support Scottish business.
- support the Scottish legal profession in competing nationally and internationally and extend access to justice by making new models of legal services possible.
- establish a regulatory framework for legal services which meets Scottish needs.
The Cabinet Secretary for Justice Kenny MacAskill invited the legal profession to bring forward its proposals on ABS on 28 Sept 2007. In response, the Law Society of Scotland published a discussion paper on 1 November 2007 and a proposals paper in April 2008. The key proposals are to:
- liberalise the market to allow legal firms a free (though possibly staged) choice of ABS or traditional structure.
- provide for a regulatory system that can accommodate all business structures.
- regulate at the firm and individual solicitor levels.
- regulate other professionals in law firms to the same level.
- protect legal professional privilege.
The Faculty of Advocates also published a response in May 2008, indicating its readiness to remove restrictive rules, such as on mixed doubles (advocates appearing with solicitor advocates), while maintaining an independent referral bar. Advocates should remain subject to the "cab-rank" rule which means that they must accept instructions in their field without discrimination. The Cabinet Secretary for Justice agrees that an independent referral bar is a strength and is compatible with suitable modernisation.
Introducing and regulating ABS will require legislation. The intention is to develop ABS policy proposals further with interested parties and consult publicly in time to introduce a Bill to the Scottish Parliament in June 2009, with the legislation in place by summer 2010.
SUSTAINABLE SEAS FOR ALL - A CONSULTATION ON SCOTLAND'S FIRST MARINE BILL
A public consultation on proposals for a Scottish Marine Bill was launched on 14 July by Richard Lochhead Cabinet Secretary for Rural Affairs and the Environment. The consultation closes on 6 October.
The proposals will encourage the sustainable use of Scotland's seas and balance marine nature conservation with economic growth. They include:
- A new system of marine planning for the sustainable use of the marine environment
- Improvements to marine nature conservation to safeguard and protect Scotland's marine species and habitats
- A streamlined and modernised marine licensing system to encourage economic investment
- Better stewardship backed up by robust science and data
- The creation of a new body, Marine Scotland, to combine the efforts of existing bodies and deliver sustainable seas
The Sustainable Seas Task Force, a stakeholder group representing a wide diversity of marine interests and chaired by Richard Lochhead, helped develop the proposals for better stewardship of our marine resource.
The Scottish Parliament supported the Scottish Government's commitment to consult on proposals for forth coming marine legislation and to support sustainable development and provide protection for the marine environment in a debate on the marine environment in March of this year.
Outlining Scotland's first Marine Bill in July, Mr Lochhead said:
"With increasing and competing demands being made on our seas it is time to modernise and streamline the management of our marine environment. By introducing Scotland's first Marine Bill we hope to do just that.
"Our seas are among the most biologically productive in the world, containing over 40,000 species and internationally important populations of marine mammals and sea birds.
"At the same time, the seas are a major asset for Scotland and generate more than £2.2 billion for the Scottish economy. We have huge potential to increase economic growth from our seas but need to do so in a sustainable way.
"It is vital that our Bill is as effective as possible and that's why we continue to seek further devolution of powers on marine planning and nature conservation. The Scottish Parliament has united behind Scotland to have more responsibilities over the marine environment, recognising that this will help us safeguard our seas for generations to come."
The consultation has been welcomed by a wide range of stakeholders, including Scottish Fishermen's Federation, Scottish Renewables and Scottish Environment LINK.
A series of consultation events is underway around Scotland's coast to encourage feedback on the proposals and offer the opportunity to help shape the future management of our seas.
PUBLIC SERVICES REFORM (SCOTLAND) BILL
The Public Services Reform Bill will comprise of three main elements. It will:
- enact proposals from Professor Crerar to reform the scrutiny landscape in Scotland;
- make some of the proposed organisational changes set out in the First Minister's statement to Parliament on More Effective Government on 30 January 2008, together with a power to effect further changes in the public sector landscape; and
- bring forward legislation to establish Creative Scotland.
The Crerar Review of regulation, audit, inspection and complaints handling was published in September 2007. It highlighted that the scrutiny process should take more account of the public's needs and expectations and a 55% growth in scrutiny costs between 2002/3 and 2005/6. Service providers have also reported that the growth in scrutiny, since 1999, has led to an increased burden, with duplication and overlap between bodies detracting efforts from front-line service delivery. Simplifying public services to achieve more effective government is one part of a broader approach to public service reform in Scotland, which includes moving to an outcome based approach, more effective performance management systems, streamlined and improved scrutiny frameworks and a drive for shared services.
In October 2007, the Scottish Government announced its intention to reduce the number of devolved, national public sector organisations by 25% over the next 3 years, against a published baseline list of 199 organisations. Details of the specific changes proposed to achieve this target were subsequently set out in a statement by the First Minister on 30 January 2008
The aim of this reshaping is to drive up efficiency and effectiveness in how the public sector organises itself to provide services, through simpler structures and by creating the conditions for better connections, joint working and informal collaboration to occur by removing organisational barriers. The scrutiny landscape and the way scrutiny is carried out needs to be rationalised and simplified to eliminate duplication and reduce the burden on service providers. It is also important that scrutiny takes more account of the needs of service users. The complaints handling system in particular has become unnecessarily complex and difficult to navigate.
SAFEGUARDING RURAL SCHOOLS BILL
Schools are at the heart of rural communities and the Scottish Government is committed to introducing a presumption against their closure.
There are around 1000 schools in rural Scotland (as defined by the Scottish Government's Urban/Rural Classification). This means that 41% of primary schools and 23% of secondary schools are rural. Of the 136 school closures since 1999, 54 (40%) have been in rural areas.
Since 1997 an average of 16 cases a year have been referred to Ministers for their consent. Consent has been withheld in only 3 cases and these have all taken place under this Government.
The Government is taking forward a range of proposals to build sustainable and growing communities and it is the Government's view that local schools are an important part of ensuring a vibrant local community and economy within villages across rural Scotland.
On 1st May 2008 the Cabinet Secretary for Education and Lifelong Learning, Fiona Hyslop, launched a consultation on proposals to safeguard rural schools and improve consultation on all proposed closures as part of that approach. The consultation runs from 1st May till 19th September, allowing plenty of opportunity for all interested parties to register their views.
The key proposals set out by the Government are:
- Authorities are required to produce an educational benefit statement for all proposed school closures, changes of site or catchment area or denominational provision.
- The consultation process would be made more robust, requiring local authorities (among other things) to publish a consultation paper containing specified information; take allegations of inaccuracy seriously by responding, correcting and taking proportionate action; extending minimum consultation period to 6 weeks of term time; and requiring the publication of the report of the consultation.
- The independent view of Her Majesty's Inspectorate of Education (HMIE) will be sought on the educational aspects of the Council's proposals, and the options consulted on.
- Before holding a consultation on closing a rural school, authorities must have regard to:
- Alternatives to the closure of the school
- Impact of the school closure on the communities it serves
- Impact of closure on the community's use of the school's buildings, facilities and grounds.
The likely impact on pupils and other school users, and on the environment, of new travel to school patterns and arrangements.
SCOTTISH PARLIAMENT AND LOCAL GOVERNMENT ELECTIONS BILL
Minister for Parliamentary Business Bruce Crawford will introduce legislation to separate elections for the Scottish Parliament and local government in Scotland by extending the current and subsequent council terms of office by one year each. This will result in future local government elections being held at the midpoint of the parliamentary cycle. The Bill will also allow access to post election data at a sub ward (or polling station level).
The Gould Report into the 2007 elections highlighted the need to separate Scottish parliamentary and local government elections. Decoupling the two elections will give due recognition to local elections and reduce the complexity of organising elections. The Scottish Government accepted this Gould recommendation and is taking steps to implement the decoupling of the parliamentary and local elections and ensure that the necessary legislation is in place well in advance of the next local elections.
Following last year's debate on the Gould Report Parliament passed a motion welcoming the report " including the recommendation calling for the further devolution of executive and legislative powers to the Scottish Government and the Parliament for the administration of its own elections and the decoupling of future elections to this Parliament and Scotland's councils".
The Scottish Government believes that the conduct of elections in Scotland should be the responsibility of the Scottish Parliament to ensure a much higher degree of accountability for their efficient organisation and conduct. This view is supported by Parliament. It is disappointing that the UK Government does not accept the case for change but we will continue to press them to change their position on this.
In the meantime the Scottish Government will take action within its devolved competence to improve the administration of elections in Scotland.
The response to the Government's consultation on the timing of elections demonstrated clear support for decoupling with a strong preference for holding the local government elections at the midpoint of the parliamentary cycle. The Electoral Commission has accepted there is a strong cases for decoupling the elections. The Local Government and Communities Committee in its report on the 2007 elections endorsed the view that elections should be decoupled.
The Government intend to consult on the creation of a Chief Returning Officer for Scotland in the Autumn and will be consulting on the more administrative recommendations stemming from the Gould Report next year.
Information about the local count in local government elections is currently published at ward level. The Government intends to amend the legislation to allow information to be released at sub ward (polling station) level. The information will help to increase confidence in the overall result but will also assist political parties and candidates to determine how successful their campaigning has been and to plan future strategy.