| SECTION 3.3: |
| PARLIAMENTARY BUSINESS |
| 1. This section sets out our
recommendations on the programming of business in the Parliament, the sitting pattern of
the Parliament, the conduct of Parliamentary business, the reporting of proceedings and
related issues. In considering these issues we have been guided by the principle that
power should be shared in the Parliament, and that the interests of non-Executive parties
and individual members should be protected; the principle of openness and accessibility,
reflected in our desire to deliver procedures which are modern, accessible and relevant;
together with the principles of accountability and equal opportunities. |
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| Programming
of Business |
| 2. Consistent with our key
principle of openness and accessibility, we recommend that the Parliament should seek to
operate open and transparent systems for planning and timetabling business. The sitting
pattern of the Parliament including the allocation of time for Committee, Plenary and for
party political and constituency business, together with details of planned Summer,
October, Christmas and Easter recesses, should be publicised at the beginning of each
Parliamentary year (recognising that this might need to be changed, in the light of
unforeseen developments). |
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| 3. We propose that the Business
Committee should put a regular programme of business to the Parliament for the Parliament
to approve. This might be done on a weekly basis looking at the forthcoming two weeks. The
Business motion should be debatable but the debate on it should be time limited. We
recommend that Members should be able to table amendments to the Business Programme,
provided a minimum number of MSPs, say 10, subscribe to the amendment. |
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| 4. The Business Committee as well
as recommending a forward programme for business in the Plenary, should agree the
timetable for the consideration of legislation in Committees (subject to any provisions in
Standing Orders about timing of stages of Bills). It should also agree an overall
timetable for the consideration of other business in the Committees, including the conduct
of inquiries. Parliamentary Committees should be able to programme their own business
within the timescale agreed by the Parliament on the proposal of the Business Committee. |
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| 5. The Business Committee should
also plan the daily timetable of Business in the Plenary, including the timetabling of
debates on Bills. This would provide an agreed approach to the handling of debates and
legislation aimed at ensuring that Members had sufficient time to focus on areas of
interest to them, balanced against the need to conduct the business of the Parliament
efficiently. |
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| 6. Some Parliamentary business is
likely to be prescribed by Standing Orders eg the periods to be devoted to Questions to
Ministers. Standing Orders should at least prescribe a minimum amount of time for matters
such as Committee and other non-Executive business. |
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| Private
Members' business |
| 7. We recommend that time should
be set aside after the votes at the end of the day specifically for private members'
business. This would allow members to raise non-controversial, constituency-related
issues. Members should also be able to table motions for publication on the order paper.
It will be for the Business Committee to make recommendations to the Parliament on which
motions should be debated and voted upon. |
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| 8. In the case of legislation
initiated by Private Members, it is suggested that it be left to the Business Committee to
allocate time to Bills which are to be introduced. It is thought that the approval of the
Scottish Parliament itself (which will already have been secured) for the Bill to be given
time should be sufficient to drive that process. |
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| Committees |
| 9. Standing Orders should
prescribe a minimum amount of Parliamentary time when Committee business eg the discussion
of Committee reports and the introduction of Committee-initiated legislation approved by
the Parliament, should be given precedence over the business of the Executive. One option
would be for Standing Orders to specify a weekly/monthly period of time for such business;
alternatively Standing Orders could provide for a minimum period of Parliamentary time to
be distributed at the discretion of the Business Committee. |
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| Non-Executive
Parties |
| 10. It might be helpful at the
outset to provide some framework or guidance for the Business Committee in allocating time
to non-Executive party business. Once the Scottish Parliament has been operating for some
time, the Parliament would be able to take a view on the necessity of such a provision. We
propose that Standing Orders prescribe a minimum amount of time for such business, say 12
days per year. The division of this time could be done on the basis of the balance of the
parties in the Parliament. |
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| 11. There are other categories of
business where it might be considered more appropriate for Standing Orders to give the
Presiding Officer a role in the allocation of Parliamentary time, eg in consideration of a
request from a member to debate a matter of urgent public importance in Plenary session
and it is proposed that the Presiding Officer should be given such discretion. |
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| Sitting
Periods |
| 12. In keeping with the concept
of a family-friendly Parliament, the Parliament should be in session for approximately
30-33 weeks per year. This would allow an 8-10 week break in summer from mid-June until
end-August and with 2-4 week breaks at Easter and Christmas. Additional mid-term breaks in
February and October could also be built in. The sitting pattern of the Parliament
including the allocation of time for Committee, Plenary and for party political activities
should be agreed and publicised at the beginning of each Parliamentary year (recognising
that it would be possible for this to change, based on the requirements of the
Parliament). |
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| 13. Committees should not sit
when the Plenary is in session, to facilitate maximum participation in debates. We also
believe that time for party business should be built in to avoid the possibility of party
business encroaching into non-Parliamentary time, ie evenings and weekends. |
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| 14. A possible
model for the sitting pattern of the Scottish Parliament might be: |
| Monday am |
- Travelling
and constituency business |
| Monday pm |
- Additional
Committee/Plenary business and party political activity |
| Tuesday
9.30am-12.30pm |
- Committee |
| Tuesday
12.30pm-2.30pm |
- Lunch/time
for party political and constituency activities |
| Tuesday
2.30pm-5.30pm |
- Committee |
| Wednesday
9.30am-12.30pm |
- Committee |
| Wednesday
12.30pm-2.30pm |
- Lunch/time
for party political and constituency activities |
| Wednesday
2.30pm-5.30pm |
- Plenary |
| Thursday
9.30am-12.30pm |
- Plenary |
| Thursday
12.30pm-2.30pm |
- Lunch/time
for party political and constituency activities |
| Thursday
2.30pm-5.30pm |
- Plenary |
| Friday am/pm |
- Additional
Committee/Plenary business and party political activity |
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| Location of
Plenary Sessions |
| 15. Section 2 of the Scotland Act
provides for the Secretary of State to designate the location of the first meeting
of the new Scottish Parliament. We recommend that Standing Orders should provide for the
Presiding Officer to determine the Parliament's meeting place thereafter. This is expected
to be in Edinburgh, but such a provision would give the Parliament the flexibility to meet
elsewhere if required. |
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| Location of
Committee Sessions |
| 16. Explicit provision
designating the location of Committee meetings would not be appropriate. We propose that
Standing Orders should include provision enabling Committees to meet anywhere within
Scotland. |
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| Sitting
Days/Hours: Provision in Standing Orders |
| 17. Given our proposals for a
Business Committee which would be responsible for the detailed planning and timetabling of
the Parliament's business, it is proposed that only general provisions relating to the
sitting times are included in Standing Orders, for example, Standing Orders might
prescribe that: |
- the Parliament should normally meet between the hours of
9.30am and 5.30pm on Tuesday to Thursday; 2.30pm to 5.30pm on Monday; 9.30am to 12.30pm on
Friday;
- the Parliament should be in Recess for a specified number of
weeks per year which would enable it to break for the Scottish school holidays; and
- Committees should be able to meet at other times when the
Plenary itself is not in session.
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| Voting Times |
| 18. We recommend that where
possible voting in the Parliament should take place at a regular appointed time, for
example towards the end of the day on the day's business, say from 5pm onwards for Plenary
sessions or at the end of a Committee session. |
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| 19. It is important to schedule
votes for the same day as the associated discussion to ensure that debates are fresh in
Members' minds. The scheduling of votes at a set time each day, as proposed above, would
ensure the most effective use of Parliamentary and MSPs' time. Such an arrangement would
also allow Parliamentary and Members' staff to plan other business around this time. |
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| 20. We considered whether
scheduling the voting in this way would be appropriate for all types of Parliamentary
Business. We concluded that it would be necessary to allow sequential votes on amendments
to legislation, as debate on a particular clause could be coloured by a decision to amend
a previous clause. An exception should therefore be made for consideration of legislation.
Voting on nominations for the Presiding Officer, First Minister etc, should also be held
at the appropriate point in the day. We also recommend that Standing Orders should allow
the Parliament to be able to vote at any time during a business session, to allow for
emergency business. |
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| Sittings of
the Parliament on Non-Appointed Days and Weekends |
| 21. Standing Orders should
prescribe that all meetings of the Parliament outwith normal prescribed working hours
should be called at the discretion of the Presiding Officer. |
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| Provision to
Allow Late Sittings of Parliament |
| 22. Whilst we adhere to the
principle of a family-friendly Parliament, observing normal business hours, we recognise
the need to provide for exceptional circumstances. We propose that the Standing Orders
should allow the Parliament to vote on a motion to continue sitting until current business
is completed. Such a motion could be moved by a Minister, the Convener of a Committee or
an individual MSP if they had moved the business under consideration. The motion should be
both debatable and amendable although amendments should be restricted to suggesting more
or less time than specified, and a simple majority of those present and voting should be
required for the Parliament's approval. In addition, a time limit for debating such a
motion should be prescribed by Standing Orders and time limits for individual speeches
during a late sitting should be prescribed. |
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| Provision to
Allow Early Sittings of the Parliament |
| 23. As proposed in paragraph 21,
Standing Orders should provide for early sittings of the Parliament to be called at the
Presiding Officer's discretion. We considered whether Standing Orders should also
prescribe the circumstances in which an early sitting may be called, how much notice
should be required to be given to Members to call an early sitting of the Parliament, and
how this information will be notified to the Members or whether this should be left to
develop through convention. As it is envisaged that this power might be used only in
circumstances of exceptional urgency, we concluded that it might be best not to be too
prescriptive in Standing Orders. |
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| Suspension of
Sittings |
| 24. There is a fundamental
difference between adjourning the Parliament and suspending a sitting. The first is
effected by the Parliament itself, with or without debate, according to the Standing
Orders. The latter is usually a prerogative of the Chair (Presiding Officer) which may be
used in certain (usually unspecified) circumstances. |
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| 25. We propose that, in the main,
this matter is left to develop by convention but that a general provision is included in
the draft Standing Orders which empowers the Presiding Officer to suspend or close the
sitting if he or she considers this is desirable in view of the course of the business or
in order to maintain order in the Chamber. Such general provision is currently included in
the Standing Orders of some of the Scandinavian countries. |
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| Quorum of the
Parliament |
| 26. Generally no quorum should be
required for the Plenary sessions. However, a quorum should be required for votes on
matters of particular importance such as the election of the First Minister and Presiding
Officer and for the final stage of legislation when a Bill is passed or rejected. Our
proposals for quorums are contained in the relevant sections of the report. |
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| Quorum of
Parliamentary Committees |
| 27. Standing Orders should
prescribe a quorum which must be reached by Committees both for consideration of business and
for voting. Given that we are recommending that the number of Members on each Committee
may vary between 5 and 15, it is proposed that a quorum of 3 Members is required.
Committees which were not quorate would not be able to meet. |
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| Rules of Debate |
| Scotland Act |
| 28. Schedule 3 paragraph (1) of
the Scotland Act requires the Parliament in its Standing Orders to make provision for
preserving order in the proceedings of the Parliament. Provision must be made for (a)
preventing conduct which could constitute a criminal offence or contempt of court and (b)
a subjudice rule. These provisions may also provide for the exclusion of a Member. |
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| Behaviour |
| 29. It is proposed that the rules
governing the behaviour of Members when in Plenary and in Committee should be left to
develop through convention. However, we propose that Standing Orders should set out the
following 2 general principles which might guide the Parliament: |
- Members should, at all times, conduct themselves in a
courteous and respectful manner; and
- Members should at all times respect the authority of the
Chair.
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| 30. The application of such
principles is a matter best left to the discretion of the Presiding Officer or the
Convener of the relevant Committee, and Standing Orders should remain flexible enough to
allow this. The rules governing Members who disrupt proceedings are dealt with in the
paragraphs below. |
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| Powers to be
Conferred on the Presiding Officer for Preservation of Order |
| 31. As a minimum the Scottish
Parliament's Standing Orders should confer the following powers on the Presiding Officer :
|
- the power to determine the order of speakers whenever
necessary;
- the power to set a time limit for speeches in certain types
of debate (see below);
- the power to order a Member to discontinue his or her speech
if it is repetitive, irrelevant or exceeds set time limits;
- the power to ask a Member to withdraw or to exclude a Member
whose conduct is grossly disorderly or could constitute a criminal offence or contempt of
court. and
- - the power to suspend the Parliament in the case of grave
disorder.
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| 32. The approval of the
Parliament should be required before the Presiding Officer could exclude a Member from
proceedings for more than a day's sitting. |
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| 33. Standing Orders should also
aim to: |
| 33.1 limit the use of
"points of order" to avoid the abuse of this facility; and 33.2 limit the number of times an MSP can speak on an item of
business (subject to specific exemptions below). |
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| Determining
the Order of Speakers |
| 34. The method used to determine
the order of speakers differs throughout Parliaments across Europe. In the Norwegian
Parliament speakers will be called in the same order as they catch the President's eye.
However, party groups may submit to the President, via the Parliament's secretariat, the
names of members who wish to take part in the debate. The President may on the basis of
this list then establish the order of the speakers. It is normal for one speaker from each
party group to head the list of speakers. In other Scandinavian Parliaments, members add
their name to a list in advance, and are simply called in that order. |
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| 35. We believe that, ultimately,
the order of speakers in the Parliament is a matter best left to the discretion of the
Presiding Officer, who should be guided by the principle that all debates should reflect
the basic balance of the political parties as well as the rules relating to precedence of
speakers during debates (see below). We note, however, that the Presiding Officer might
find it helpful, perhaps when determining the need for time limits on speeches and/or
particular debates, to have an indication of the number of Members wishing to speak on a
specific issue. Therefore, a model along the lines of the Norwegian example above, where
Members could register their interest to speak prior to the debate, might be appropriate.
We recommend that generally each main party should have the opportunity to speak in turn
at the beginning of a debate. |
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| Interventions
During Speeches |
| 36. Interventions during speeches
should be allowed only with the agreement of the current speaker. Use of the intervention
procedure should be managed by the Presiding Officer under the basic principle that
Members should at all times conduct themselves in a courteous and respectful manner. On
this basis, no separate Standing Order on interventions would be required. |
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| Use of
Quotations During Speeches |
| 37. The use of quotations during
speeches in the Scottish Parliament should be left unregulated, as the powers proposed for
the Presiding Officer under paragraph 31, ie, to impose time limits on speeches and to
order a Member to discontinue his/her speech if it is repetitive or irrelevant, would
prove sufficient to curb unnecessary and extensive use of quotations. |
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| Sub judice |
| 38. The Scotland Act requires
(schedule 3, paragraph 1(b)) the Standing Orders to include provision for a sub judice
rule. Such provision may provide for excluding a Member of the Parliament from
proceedings. |
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| 39. Section 41 provides that for
the purposes of the law of defamation, (a), any statement made in proceedings of the
Parliament, and (b), the publication under the authority of the Parliament of any
statement, shall be absolutely privileged. This is intended to ensure that Members are
free to debate matters of public interest (and that such debates can be properly reported)
without fear of an action for defamation being raised. |
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| 40. Section 42 disapplies the
rule of strict liability for contempt of court in relation to publications made in, or in
reports of, proceedings of the Scottish Parliament in relation to a Bill or subordinate
legislation. |
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| 41. The proceedings of the
Scottish Parliament, unlike those of Westminster, will be subject to the law of contempt
of court. Paragraph 1 of Schedule 3 requires Standing Orders to include provision for
preventing conduct which would constitute a criminal offence or contempt of court. Section
42 is intended to ensure that the Scottish Parliament is not prevented from legislating on
any matter simply because anything said or done in the proceedings for the purposes of
considering a Bill or subordinate legislation might be treated as contempt of court under
the "strict liability" rule. |
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| 42. It is proposed that a
workable sub judice rule, provided for in Standing Orders, should: |
- be defined in general terms;
- make clear how and by whom it is to be applied;
- impose an explicit duty on members seeking to raise any
matter that might infringe that rule to give reasonable notice to the relevant authority
and to abide by their ruling; and
- provide that the Presiding Officer should be the
"relevant authority".
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| Form of
Address |
| 43. We considered the mode of
address which should be adopted in the Scottish Parliament. We looked at 2 main options:
reference to other Members in the third party, eg by reference to their constituencies; or
reference by name. |
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| 44. We noted, however, that the
election of regional MSPs under the additional member system proposed for the Scottish
Parliament would require some form of address other than by reference to constituency to
be identified; reliance on constituency alone would be insufficient and potentially
confusing. |
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| 45. In the circumstances, we
propose that Members of the Scottish Parliament should be addressed simply by name. This
convention has been adopted both by the European Parliament and also by the Danish
Parliament among others. We recommend that Standing Orders should include only a general
provision requiring Members to be addressed respectfully, by name and in the form
preferred by the Member eg Mr/Ms/Miss/Mrs Smith/Joan Smith/Joe Smith. This would have the
advantage that members of the public and others viewing the proceedings should find it
easier to follow the debate. |
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| Time limits on
speeches |
| 46. We recommend that no general
time limit on speeches should be prescribed by Standing Orders and that the need for a
time limit on speeches during certain debates should be left to the discretion of the
Presiding Officer, although we suggest that this should be standard practice. The powers
proposed for the Presiding Officer under paragraph 31 would allow for this. Enabling
Members to register to speak prior to a debate as suggested in paragraphs 34-35 would
enable the Presiding Officer to determine when a time limit would need to be imposed. When
setting such time limits the Presiding Officer may need to allow additional time for the
proponent of a motion or proposal to make his/her case. Some differential allocation of
time may also be needed for Members of the Scottish Executive presenting or explaining the
Executive's policy. |
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| Precedence in
Speeches |
| 47. Standing Orders should
include provision to give certain Members, for example Members of the Executive, Committee
Conveners (and, if appointed, Committee Reporters), precedence to speak in relevant
debates. However, all Members, regardless of their status within their party, should be
given the opportunity to participate, subject to the proposals made above. This would be a
further reason for the Presiding Officer routinely to set limits on speeches to ensure an
adequate balance of time is available to ordinary Members. |
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| Personal
Statements |
| 48. We recommend that Standing
Orders should include provision to allow Members to make personal statements in the
debating Chamber. It is proposed that Members wishing to make such a statement should be
required to give notice to the Presiding Officer to allow adequate Parliamentary time to
be set aside for the statement. |
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| Should MSPs
Speak from their Seat or from a Lectern? |
| 49. We propose that Standing
Orders should include provision to require Members to stand at their seats when addressing
the Parliament. Clearly such a provision would not apply to those Members who were
disabled. This would enable not only the other Members but also the public to clearly
identify the Member speaking. |
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| Access for
Officials and other Parliamentary Staff |
| 50. We propose that Standing
Orders should include provision to ensure that Government officials, Parliamentary staff
and MSPs' staff, ie all those with legitimate reason, should be given access to designated
seats in the debating Chamber. Such access would be dependent on officials and staff
possessing a designated security pass, and would also depend on their conducting
themselves with discretion while in the Chamber. When in the Chamber they should be
allowed to bring necessary messages/papers to Members provided that this is done with
discretion. |
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| 51. While in the Chamber,
non-Members should not be able to sit in those seats allocated to MSPs. |
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| 52. Should a non-Member prove to
be disruptive while in the Chamber the Presiding Officer should be allowed to order their
exclusion. |
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| Language |
| 53. We considered the use of
Gaelic, Scots and other non-English languages in the Scottish Parliament, and recognised
the strong historical and cultural arguments for facilitating the use of Gaelic and Scots
in the Parliament. |
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| 54. We agreed that any rules
governing the use of language in the Parliament should aim to facilitate MSPs'
understanding of, and participation in, the proceedings of the Parliament; and therefore
agreed the following recommendations. |
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| 55. We recommend that the normal
working language of the Parliament should be English. |
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| 56. We considered the special
position of the Scots language, noting that most MSPs can be expected to understand spoken
and written Scots, and that many of us switch between Scots and standard English speech
depending on the occasion. We expect that this will be the case within the Parliament. |
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| 57. We noted that Ministers have
already agreed that there will be provision in the new Parliament building at Holyrood for
interpretation and translation facilities; and that these may be used to facilitate the
work of MSPs wishing to use Gaelic, as well as on those occasions when a visiting
dignitary wishes to address the Parliament in his or her native tongue. |
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| 58. We suggest that Members
wishing to make a speech to the Parliament in Gaelic, should give prior notice of their
intentions to the Presiding Officer, so that arrangements can be made for interpreting
facilities. The provision of these facilities should be at the ultimate discretion of the
Presiding Officer, but should be withheld only in extraordinary circumstances. If the
Member wishes to use only a phrase or a sentence of the language, he or she should repeat
the translation him/herself, to facilitate the understanding of Members. |
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| 59. We propose that no initial
provision should be made for interpretation from English into Gaelic or other non-English
languages; but that the Parliament itself should decide, once it is established, whether
it wishes to make greater provision for interpretation and translation. |
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| 60. We recommend that there
should be signage in the Parliament building in both Gaelic and English. |
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| 61. We suggest that no
interpretation or translation facilities will be necessary for MSPs wishing to use the
Scots language; but that the Presiding Officer should be able to ask for clarification of
a particular phrase if he/she feels it necessary. |
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| 62. We recommend that the
Official Report of the proceedings of the Parliament should normally be published only in
English, and that speeches made in the Parliament in languages other than English and
Gaelic should appear in the Official Report only in their English translations. If
Parliament so desired, the Parliament could publish the speech in the original language
separately. |
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| 63. We recommend that speeches
made in the Parliament in Gaelic should be published in the Official Report in the
original Gaelic, with an English translation. To assist the Official Report staff, a
Member making a speech in Gaelic should submit a copy of the speech in Gaelic and in
translation to the Official Report. |
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| 64. We recommend that the
Parliament's public information centre should produce regular information bulletins in
Gaelic specifically targeted at the Gaelic speaking population; and that they should also
produce such bulletins from time-to-time in other non-English languages spoken in
Scotland. |
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| Parliamentary Papers |
| Parliamentary
Privilege |
| 64. Standing Orders should
provide for a non-debatable Motion where the Executive seeks the authority of the
Parliament to publish papers which would then, through the provisions of section 41 of the
Scotland Act, be absolutely privileged for the purposes of the law of defamation. In all
other cases it is considered sufficient that all papers not covered by a separate Standing
Order (eg Committee reports) presented to Parliament are recorded as having been presented
without there being a need to prescribe in Standing Orders how that presentation should
take place. Administrative arrangements can be put in place to ensure that the procedures
for presenting papers is well known. |
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| The Official Report of Proceedings of the Parliament |
| 65. Schedule 3 to the Scotland
Act requires Standing Orders to include provision for reporting the proceedings of the
Parliament. |
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| 66. An official report is the
officially-sanctioned record of what is said in the Parliament, both in Plenary session
and, in some circumstances, in Committees. We considered whether a transcribed Official
Report was required at all. We understand that there are plans to record and televise
proceedings in the chamber and Committees, although until the Parliament moves to
Holyrood, it is likely that only one Committee room will be equipped for television. As
technology develops, those records might in due course themselves become the Official
Report of the Parliament, without the need for transcription, but this is unlikely to be
feasible in the near future. |
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| 67. We propose that a transcribed
written record of proceedings should be available both on the Internet and in print.
Transcribed text can more easily be used for a range of other purposes (eg,
constituent-friendly summaries) and it enables indexing and retrieval of specific
references. The courts can in certain circumstances refer to Hansard (the Official Report
at Westminster) in construing legislation and the Official Report of the Scottish
Parliament may be used in a similar way. |
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| The Style of
the Official Report |
| 68. There are various options for
the style of the Official Report: purely verbatim, with no editing; "substantially
verbatim", such as the Hansard used at Westminster, where text is edited to filter
out unnecessary wording and to make the report generally more readable; and summary
reports. We recommend that the Parliament should produce some sort of summary report,
perhaps edited highlights of each week's proceedings, but we do not think that could
itself form the Official Report and it would in any case be necessary first to have
produced a more substantial report from which the edited highlights would be taken. We
recommend that a substantially verbatim Official Report of Plenary sessions should be
produced. |
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| 69. Most who will require working
copies are likely to use electronic means, but we consider that a version should also be
available in print for those who do not have access to technology. We suggest that a daily
printed version will not be necessary, particularly if, as we propose, the Parliament were
to meet in Plenary session on only 2 days each week. In those circumstances, a weekly
version would suffice and we recommend that the Parliament should consider options for
printing that produce an acceptable permanent record without incurring unjustified costs.
This should be in addition to the edited highlights suggested above, since verbatim
reports would not be particularly constituent-friendly. |
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| Committee
Reports |
| 70. For some of their time,
Committees will be sitting relatively informally, discussing work plans, draft reports,
etc. No Official Report will be required for those sittings; the Clerk should simply
produce a note of points made and decisions taken. On other occasions, Committees will be
hearing evidence from members and staff of the Executive and other witnesses. In these
cases we believe that a verbatim report of oral evidence will be required, but that it
will not have to be available immediately, particularly since witnesses will have to be
given the opportunity to agree it. |
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| 71. Committees will also be
considering legislation. One possibility is that procedures will follow the Westminster
model, whereby Committees with the relevant Minister scrutinise Bills line by line and
discussion is reported verbatim. An alternative more European model would be for a
Committee to scrutinise a Bill and to make its considered report to Parliament together
with the amended Bill. Such reports would be drafted by the Committee clerks, with no need
for verbatim reporting of proceedings in Committee. We understand, however, that the legal
profession finds verbatim reports of Committee consideration helpful in indicating what a
particular provision is intended to mean. We assume, therefore, that Official Reports may
be required. If such reports did not have to be available the next day, there could be
cost savings, since they could be transcribed on non-sitting days. We therefore propose
that any Committee reports required should not have to be available the next day, but that
they should be available in electronic form in good time for the next meeting of that
Committee. They would be printed at a subsequent date. |
| |
| Summary
of recommendations for Standing Orders |
| The Standing
Orders should provide that: |
| |
- the Business Committee should put a regular programme of
business to the Parliament for the Parliament to approve. This might be done on a weekly
basis looking at the forthcoming two weeks. The Business motion should be debatable but
the debate on it should be time limited. Members should be able to table amendments to the
Business Programme, provided a minimum of 10 MSPs subscribe to the amendment.
- a minimum amount of time of 12 days per year should be
allocated for non-Executive business.
- time should be set aside at the end of each Plenary day for
Private Members' business.
- the Business Committee should allocate time for Private
Members' Bills.
- a minimum amount of Parliamentary time should be set aside
for Committee business.
- Members should have a right to table motions, which should
be published.
- Committees should not sit when the Plenary is in session.
- the Parliament should normally meet between the hours of
9.30am and 5.30pm on Tuesday to Thursday; 2.30pm to 5.30pm on Monday; and 9.30am to
12.30pm on Friday;
- the Parliament should be in Recess for a specified number of
weeks per year which would enable it to break for party conferences and the Scottish
school holidays.
- Committees should be able to meet at other times when the
Plenary itself is not in session.
- voting should take place each day at 5.00pm, except for
votes on legislation and election of officers, and for emergency business.
- all meetings of the Parliament outwith normal prescribed
working hours should be called at the discretion of the Presiding Officer.
- the Parliament should be able to vote on a motion to
continue sitting until current business is completed. Such a motion could be moved by a
Minister, the Convener of a Committee or an individual MSP if they had moved the business
under consideration. The motion would be both debatable and amendable although amendments
would be restricted to suggesting more or less time than specified, and a simple majority
of those present and voting would be required for the Parliament's approval. In addition,
a time limit for debating such a motion should be prescribed by Standing Orders and time
limits for individual speeches during a late sitting should be prescribed.
- the Presiding Officer should be able to suspend or close any
sitting of the Parliament if he or she considers this is desirable in view of the course
of business or in order to maintain order in the Chamber.
- a quorum of 3 members should be required for a Committee to
meet.
- Members should, at all times, conduct themselves in a
courteous and respectful manner.
- Members should at all times respect the authority of the
Chair.
- the Presiding Officer should be given the following powers:
- the power to determine the order of speakers whenever
necessary;
- the power to set a time limit for speeches in certain types
of debate;
- the power to order a Member to discontinue his or her speech
if it is repetitive, irrelevant or exceeds set time limits;
- the power to ask a Member to withdraw or to exclude a Member
whose conduct is grossly disorderly or could constitute a criminal offence or contempt of
court; and
- the power to suspend the Parliament in the case of grave
disorder.
- the approval of the Parliament should be necessary before
the Presiding Officer could exclude a member for more than a day's sitting.
- there should be a role on sub judice which should:
- be defined in general terms;
- make clear how and by whom it is to be applied;
- impose an explicit duty on members seeking to raise any
matter that might infringe that rule to give reasonable notice to the relevant authority
and to abide by their ruling; and
- provide that the Presiding Officer should be the
"relevant authority".
- Members should be addressed respectfully and in the form
preferred by them.
- there should be provision to give certain Members, for
example Members of the Executive, Committee Conveners (and, if appointed, Committee
Reporters), precedence to speak in relevant debates.
- Members should be able to make personal statements in the
chamber, having given prior notice to the Presiding Officer.
- Members should normally stand at their seats when addressing
the Parliament.
- Government officials, Parliamentary staff and MSPs' staff,
ie all those with legitimate reason, should be given access to designated seats in the
debating Chamber. Such access would be dependent on officials and staff possessing a
designated security pass, and would also depend on their conducting themselves with
discretion while in the Chamber. When in the Chamber they should be allowed to bring
necessary messages/papers to Members provided that this is done with discretion.
- while in the Chamber, non-Members should not be able
to sit in those seats allocated to MSPs.
- should a non-Member prove to be disruptive while in the
Chamber it is proposed that the Presiding Officer should be allowed to order their
exclusion.
- the proceedings of the Parliament should be published in an
Official Report.
- Standing Orders should also aim to:
- limit the use of "points of order" to avoid the
abuse of this facility; and
- limit the number of times an MSP may speak on an item of
business.
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