| SECTION THREE |
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| DETAILED
RECOMMENDATIONS |
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| SECTION
3.1: |
| THE
STANDING ORDERS FOR THE SCOTTISH PARLIAMENT |
| 1. From its
very first meeting, the Parliament's proceedings will be
governed by its Standing Orders. It is through these that
the type of Parliament envisaged in our key principles
can be achieved. The Standing Orders will have a
significant influence. In the various chapters of this
section we set out our detailed recommendations,
developed against the background of our four key
principles. |
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| Scotland Act 1998 |
| 2. The
Scotland Act provides that the proceedings of the
Parliament should be regulated by Standing Orders. It
prescribes certain matters which must be provided for
within Standing Orders. It does not prescribe how
Standing Orders should be made or amended. |
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| Standing Orders |
| 3. As part
of our remit, we were charged with reporting to the
Secretary of State for Scotland with proposals for the
Standing Orders for the Scottish Parliament. We
understand that on the basis of the advice contained in
our report, the Secretary of State will prescribe in
subordinate legislation made under the transitional
provisions of the Scotland Act the first Standing Orders
of the Scottish Parliament. |
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| 4. We
believe that the Standing Orders of the Parliament should
be written in as simple language as possible, to
facilitate a wider understanding of the Parliament's
procedures. |
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| 5. We
recommend that any elected Member should be able to
propose a change to the Standing Orders: proposals would
be submitted to the Procedures Committee (see
section 3.2) which
would take a view and make a recommendation to the
Parliament. A final decision should be taken by the
Parliament. A minimum period should be required between
the Committee's recommendation and the Plenary vote. |
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| 6. To build
in a period of stability, we recommend that initially
Standing Orders should be able to be changed only with an
absolute majority of the Parliament (ie a majority of the
total number of seats in the Parliament, or 65 votes out
of 129 Members). (Any amendment to the Standing Orders
would, of course, have to be made within the parameters
set out in the Scotland Act, for example, in relation to
exclusion of Members.) The Parliament would be able to
change this arrangement in the light of experience if it
wished, subject to observing the requirements of the
Scotland Act. The proposals contained in this report,
however, are not intended to be restraining: they are
designed to allow the Parliament to grow and develop. |
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| 7. We
recommend that changes to Standing Orders, once agreed by
the Parliament, should take effect immediately, unless
the Parliament resolves otherwise. |
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| 8. Subject
to observing the provisions of the Scotland Act, Standing
Orders should be able to be suspended. Any member should
be able to propose that a Standing Order should be
suspended, provided that prior notice is given. |
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| Summary of recommendations for
Standing Orders |
| Standing Orders should: |
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- enable any Member to
propose a change to Standing Orders;
- provide that such
proposals should be submitted to the Procedures
Committee, which should make a recommendation to
the Parliament. A final decision should be taken
by the Parliament;
- require that a
minimum period should be allowed between the
Committee's recommendation and the final
decision;
- provide that Standing
Orders should be able to be changed only with an
absolute majority of the Parliament;
- provide that changes
to Standing Orders once agreed by the Parliament
should take effect immediately, unless the
Parliament resolves otherwise;
- provide that Standing
Orders should be able to be suspended: any Member
should be able to propose that a Standing Order
should be suspended, provided that he or she
gives prior notice.
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