Report of the Consultative Steering Group on the Scottish Parliament

ANNEX D

CONSULTATIVE STEERING GROUP ON THE SCOTTISH PARLIAMENT: ANALYSIS TO THE RESPONSES TO THE CONSULTATION DOCUMENT ON THE OPERATION OF THE SCOTTISH PARLIAMENT

1. Appendix A to this Annex lists all the responses to the consultation exercise received by 31 July. The Appendix also provides a breakdown of response by:

type of organisation/individual; format of submission (ie letter or e.mail);

A number of respondents requested that their submissions be kept confidential. Their names have not been included in Appendix A and, unlike other submissions, they are not available for public viewing in St Andrews House Library. However the main points realised in confidential submissions have been taken into account in this analysis.

Methodology

2. A qualitative, rather than a quantitative approach was used in the analysis of the responses. This was felt to be generally more appropriate as it allowed subtle distinctions between different standpoints to be noted. It also allowed for the views of particular relevant organisations to be drawn out (although the views of all organisations and individuals have been taken into account). Direct quotes and attributions have been used to indicate expressed viewpoints where these are seen to be representative, and have in most cases been backed up by further examples.

Other issues

3. The consultation document invited responses on many aspect of the working arrangements of the new Parliament. Many respondents, however, included in their submissions details of their opinions, aspirations and comments on the policies which they considered the Scottish Parliament should adopt. This is of course beyond the remit of the CSG. Where possible, such comments have been passed on to the Division within the Scottish Office with policy responsibility for that area.

Analysis

4. The analysis of responses which follows reflects the order of questions in the consultation document. Questions have been combined where responses largely covered more than one question. At the same time, many recipients did not follow the question format suggested in the consultation document, and responses often cross more than one heading (for example, the issue of the role of non MSPs in Committees has been included under the Accessibility/Openness/Participation heading, but was discussed by many respondees under the topic of Sharing the Power.) Cross-references to other headings have been included as far as possible.

Sharing the Power

5. How can the Parliament best organise its work to take the views of the public into account, both in its initial organisation and its ongoing work?

6. What arrangements should there be for involving civic society, women's groups, people from ethnic minority communities, people with disabilities, business and the general public (taking account of resource implications)?

6.1 Recipients were in general very supportive of any mechanisms which could be found to involve the public, civic society and representative groups in the work of the Parliament, and a variety of imaginative methods for doing so were suggested. In particular, voluntary organisations and interest groups were particularly keen to see that formal systems were put in place to allow them to speak as representatives of their constituent groups. Many voluntary organisations in particular (for example, Fair Play) suggested that the Parliament should set up a database of registered consultees who would automatically be approached on any relevant issues. Voluntary organisations were very keen to see that a distinctive role was given to them as acting as a conduit between government and civic society. For example, the Royal Society for the Protection of Birds stressed that non-Governmental Organisations already involved a wide variety of the population who felt that such interest groups more accurately reflected their concerns than the traditional political parties. It would therefore be sensible to use such NGOs and their existing networks (and the basic consultation mechanisms already in place) to encourage greater consultation with, and participation by, the public in the political process. At the same time, the Equal Opportunities Commission stressed the need for machinery to be put in place which would ensure fair representation for minority groups in the consultation process.

6.2 The need for early consultation was seen as a key to improving the existing opportunities for involvement of civic society in the decision making process. Many recipients felt that current Scottish Office arrangements for consultation did not allow sufficient time for response - a minimum period of 12 weeks was suggested by many groups as allowing them sufficient time to collate responses from the variety of sources which they needed to consult to be sure of a representative response.

6.3 Local Government representatives also brought forward a distinct view that the existing infrastructure of local government could be used as an interface between Parliament and the public, as it provided a layer of governance more accessible to the person on the street. For example, North Lanarkshire Council considered that a partnership approach between the new Parliament and the local authorities would have the advantage of allowing for local government to be used as a means of collecting public opinion.

6.4 Local authorities were also vociferous in claiming particular rights for councils, translated into statutory duties for the Parliament: West Lothian Council, for example, suggested that the Parliament should be statutorily obliged to consult local government on relevant issues.

6.5 Councils (and others) also brought forward suggestions for the transfer of local authority good practice to the work of the Parliament in encouraging maximum participation. Such practice included: the use of citizens' juries to gauge public opinion; the dissemination of material via the Internet, and the co-option of non elected members onto Committees (this issue will be returned to under the heading of Accessibility).

6.6 Other proposals for involving the public in the workings of the Parliament which featured regularly in responses were:

the provision of a well-resourced Public Information Service which would welcome visitors to the Parliament and explain its operations; the provision of a large public gallery open at all times; allowing Committees to travel around the country; making provision for groups and individuals to communicate with the Parliament and its MSPs by non-traditional means (for example video presentations), especially when these groups and individuals were located in more remote areas; as much material on the Parliament in general, and its timetable, reporting of debates and so on, available in an easily digestible format on the Internet.

6.7 Many respondents answered these questions by considering what mechanisms could be used to involve representative groups in the pre-legislative consultation process, and how these could interact with the Committees of the Parliament. Because both the pre-legislative process and Committees come up in the section on Accessibility, these responses are considered in that context.

7. How might the Parliament reach those groups not normally involved in the political process?

7.1 In general, the suggestions being generated under this heading were similar to those for questions 8 and 9. At the same time, however, there was a distinct recognition (especially from voluntary groups representing social excluded sections of the population) that new mechanisms needed to be found to encourage their integration into the decision-making process, thus avoiding consultation only with the "usual suspects". Age Concern Scotland, for example, believe that older people in themselves represent an excluded group whose expertise needs to be harnessed into the political process. They suggest that this may be done via non-traditional methods of consultation such as User Panels targeted at specific excluded groups.

7.2 At the same time, organisations representing the disabled and ethnic minorities stress that these groups' access to information on the Parliament is a key to the extent to which they are able to participate in the process. So, for example, the Royal National Institute for the Blind pointed out that the blind could only genuinely be involved in the consultation process if materials were made available in accessible formats (Braille, large print and so on) and if assistance was provided for them so they could reach the venues where consultation was taking place. In the same way, Grampian Racial Equality Council suggested that interpreters should be available as necessary at public consultation meetings.

7.3 Similarly, there was a recognition that access to information could act as a key to overcoming the cynicism of those not normally involved in the political process. WEA Scotland came up with this suggestion: "Engaging groups not normally involved in the political process will require immediate recourse to a programme of education for all citizens. Courses would cover aspects of researching issues, developing negotiating skills, lobbying and campaigning skills as well as the matter of understanding the system of government that will be put in place". The assumption here is that the Parliament will need to make funding available to such groups to help them disseminate information and educate excluded groups and individuals. Another suggestion made along the same lines was that the Parliament should consider the establishment of Democratic Centres across Scotland, drawing on South Africa's model of the Institute of Democracy.

7.4 BT Scotland, amongst others, broadened out this issue of reaching excluded groups and gave various examples of innovative ways in which those cut off from the political process perhaps by apathy or poverty could be encouraged to participate. They regard ICT as being at the heart of the democratic process, but recognise that it has to be used so that those without access to expensive computer technology are able to tap into it. They suggest, therefore, that the distribution of information via the Internet is complemented by a teletext information service and a Parliamentary call centre to deal with queries from the public. While other groups propose a dedicated digital TV channel showing the proceedings of the Parliament, BT suggest that easily digestible broadcasts, sparking people's interest in the Parliament, are shown in public venues such as shopping centres and sports venues.

7.5 The suggestion was also made, for example by the STUC Black Workers' Committee, that national and local forums of "social partners" could be set up to discuss public policy, and to integrate the voice of democratically accountable groups into the policy formulation process.

7.6 Finally, various groups (the Scottish Association for Mental Health among others) took up the Crick-Millar suggestion that the voices of individuals could be heard by the Parliament if they had an automatic right to trigger some form of Parliamentary process if the signatures of a minimum number of individuals could be gained (eg, the right to a Parliamentary debate on a particular subject if 10,000 signatures were collected, and so on). In a similar vein, Aberdeen City Council suggested that: "It should be possible for citizens and their organisations to demand that a Committee enquire into a particular community concern."

8. What sort of ethos should the Parliament develop?

8.1 There was a great deal of agreement in response to this question, with nearly all respondees stating that the Parliament's ethos should be open and consensual, avoiding the Westminster style of confrontational and point-scoring politics. The Scottish Council of National Training Organisations summed this up by describing the desired ethos as that of a "People's Parliament". Responses showed a definite disillusionment with the Westminster style of politics. The British Federation of Women Graduates hope that the Parliament will be "a caring body whose members are free from the self-interest and sleaze that has been so much a feature of the Westminster Parliament in recent years". This view was echoed by representative groups, individuals and voluntary organisations. The Commission for Racial Equality and the Equal Opportunities Commission both expressed a hope that the ethos would be one which respected diversity, and in the same vein the Northern Joint Police Board stated that they sought a Parliament whose ethos would be sensitive to needs of the various parts of Scotland, and not focused narrowly on the central belt. The theme, therefore was one of inclusiveness.

9. How might Parliament's ethos be reflected in the Parliament's traditions and ceremonies?

9.1 Aspirations for the Parliament's traditions and ceremonies mirrored views about its ethos; respondees hoped to see simple ceremonies which would be inclusive, rather than alienating the public by their apparent irrelevance (as is thought to be the case at Westminster). As the Scottish Green Party said: "Leave old-fashioned ceremonies behind - no old fashioned robes and long wigs to perpetuate the old elitist system". Although the ceremonies would not be overly ornate or formal, respondees hoped that they would be dignified, thus indicating the significance of the Parliament. Some individuals and organisations (for example, the Law Society of Scotland) were keen to see some elements of pre-1707 Parliamentary traditions brought into the proceedings, but this view was not as popular as that which believed that the new Parliament should have completely modern traditions, possibly developing over time rather than being prescribed at the outset of the Parliament's life. According to the Campaign for a Scottish Parliament, "Prestige should come from the quality of the work not pretension".

Accountability

10. How might MSPs be made accountable to the electorate other than through the election process?

11. Should the MSP provide regular feedback to the electorate on the work of the Parliament and what form could this take?

11.1 There was a general consensus amongst respondees from all sectors that it would be a positive step if MSPs were required to make themselves accountable to the electorate not only via the ballot box, but on a regular basis. The following suggestions for how this could be achieved were particularly popular:

regular spot in local newspaper; regular publication of a constituency newsletter detailing latest activities; regular report on activities including statistical information such as attendance and voting records; regular local meetings with constituents to inform them (as opposed to the one-to-one situation of the surgery, which the constituent only attends when s/he has a specific problem; regular Parliamentary report detailing performance of all MSPs in areas including attendance, voting records, speeches made and so on.

11.2 There was some obvious concern about the delineation of duties between regional and constituency MSPs: for example, the Scottish Council for Development and Industry stated that the electorate was in need of guidance on the roles and responsibilities of each type of MSP, and Clackmannanshire Council suggested that, in the case of list MSPs, the party rather than the individual was made accountable to the electorate.

11.3 Other respondents suggested that meaningful feedback to the electorate could only be achieved if MSPs were given job descriptions, set measurable targets and their performance monitored as happens in any other modern workplace. Not only business organisations took the view that the Parliamentary mystique should be removed and a more businesslike environment created: The Scottish Wildlife Trust, UNISON Scotland and the Scottish Higher Education Funding Council were in favour of variations on such an approach.

12. Should there be a code of conduct of MSPs and if so what should it cover?

13. How might equal opportunities be addressed in such a code of conduct?

13.1 There was overwhelming support for the instigation of a Code of Conduct for MSPs, with a substantial number of respondees citing the reports of the Nolan Committee and the proposed new Ethical Framework for Local Government as good starting points in determining the content of the Code. Local authorities, in particular, were adamant that any Code of Conduct imposed upon MSPs should be at least as rigorous as that now in place for members of local government. Most respondees who went into detail about the suggested content of the Code envisaged that it would cover lobbying and the Register of MSPs' interests, and should be broad enough to include standards on training, attendance and so on, but there was some dissent as to whether the Code should limit itself to the public aspects of MSPs' lives, or whether it should take in also their private and moral standards of behaviour. There was also a lack of agreement on the issue of whether MSPs should be able to hold other, part time employment while a Member of the Scottish Parliament. Some respondees (such as the Glasgow Association of Women Graduates) felt strongly that the job of the MSP should be a full-time one, while others argued that the Scottish political scene could only benefit from the cross fertilisation of ideas which would result from the involvement of business people active in various fields simultaneously.

13.2 In terms of how equal opportunities could be integrated into such a code, there were few specific, practical suggestions made - more generally - a commitment towards equal opportunities within the code was regarded as desirable. Grampian Racial Equality Council, as an example, emphasised the need for practical guidelines to ensure that the theoretical commitment to equal opportunities was translated into a positive reality. UNISON Scotland suggested that the equal opportunities policy enshrined within the Code of Conduct should follow the model of industrial relations practices.

14. What arrangements should be made for the regulation of MSPs' interests?

14.1 Again, arrangements in Westminster with particular reference to the findings of the Nolan Committee were regarded as a good starting point for regulating MSPs' external interests. The Scottish Parent Teacher Association suggested that the Register of Interests could take on a positive, as well as a negative regulatory role for MSPs, in that it could genuinely give details of topics of particular interest to them, thus allowing interested parties to contact hem directly. In general, it was felt that the Register of Interests should be completely open, and should be available to the public to peruse as they wished, either in the Parliament building itself or in public access points such as libraries. It was also hoped that the Register could be available electronically.

15. Should there be regulation of the process of lobbying of MSPs?

15.1 There was a huge spectrum of views on the topic of lobbying, ranging from unrestricted access, through regulation, to outlawing. Largely this stemmed from general difficulties about defining lobbying: those seeking to ban it completely focused on the professional lobbying companies (this view was put forward by the Scottish Green Party), while those looking for unrestricted access were often those from the voluntary sector which considered lobbying as a legitimate means of accessing the Parliament and its MSPs. Overall, most organisations were looking to see some form of regulation, but in as loose a form as possible so that the balance always lay in favour of organisations wishing to gain access to the Parliament. While in general it was considered sufficient to control lobbying via the Code of Conduct, there were suggestions, as that from The Institute of Management, that the regulation of lobbying should be controlled as part of the MSP's employment contract, thus re-iterating the "MSP as business employee" school of thought outlined in paragraph 14.1 above.

15.2 A view also emerged from professional organisations that a register of lobbyists should be set up, with all meetings recorded in this and minutes of the meetings available for public scrutiny.

16. Taking the current Westminster arrangements as a starting point, would you like to see the Scottish Ministers accounting to the Parliament in different ways?

16.1 In this instance, arrangements currently existing at Westminster were regarded as more satisfactory than in other areas of practice. Most respondees felt that the best way for Ministers and Junior Ministers to be accountable to the Parliament would be via Committee hearings and some form of question time, although in the latter they were keen to see the event becoming more spontaneous and genuine and, at the same time, less confrontational than Prime Minister's Question Time at Westminster.

16.2 The Scottish Liberal Democrats brought forward the view that MSPs would only be able to hold Ministers truly accountable if access to civil service briefing was available to all members of the Parliament, and not only to members of the Executive. They considered that such a shift in the remit of civil servants should be made as: "The opportunity to abolish the culture of secrecy and deliberate obfuscation which pervades Whitehall should be taken as soon as possible."

Accessible, Open, Responsive.

17 . What steps might the Parliament take to develop an accessible culture?

18. How can it make its working practices transparent and understandable?

19. How should it ensure that people have information about the Parliament?

19.1 Many of the ideas outlined in the other sections of this report are seen to be at the heart of accessibility to the Parliament. For example, it is hoped that if groups and individuals have regular access to their MSPs and are not intimidated by arcane ceremonies, they will feel that the Parliament is closer to them. Similarly, mechanisms for sharing the power, reaching disadvantaged groups, and mainstreaming equal opportunities are all regarded as playing an important role in developing an accessible culture.

19.2 The following ideas were all suggested in responses:

Libraries as information points (suggested by the Scottish Green Party). Public information service. Internet (all documents and summaries)and including a "virtual tour". Helpdesk. Education facilities and material. Public information service. As well as providing all documents and papers on the Internet, these should be available to purchase at cost price. Simple ceremonies. Plain English both written and spoken: Scottish Law Commission emphasised need for legislation itself to be comprehensible to the lay person and to follow the example of recent rewrites of tax laws at Westminster. Capability Scotland: guidelines on the Parliament to be sent to each household.

20. Should there be special arrangements put in place for schools?

20.1 There was a very strong feeling that there should indeed be special arrangements for schools, and a civic education programme with possible material produced by the Parliament for use by pupils, especially those nearing the voting age, was favoured. In this connection, organisations (such as WEA Scotland) also asked that adult education be considered as a key to ensuring genuine participation from all sectors of Scottish society. This should be backed up by dedicated tours of the Parliament for young people and school groups, and consideration should be given to the establishment of a parallel "Youth Parliament" for young people. Respondents also noted that schools could be used to broaden out access to the Parliament for others, because their established Internet networks could become general information access points for the public.

21. What Committee structure should the Parliament create?

21.1 There were a whole host of ideas emerging from the consultation exercise which attempted to prescribe possible Committee structures which the Parliament might create. Evidently, this manifested itself largely in interest groups advocating particular Committees which related to their constituency - for example, a Committee on Equality (supported by a Minister and an Equality Unit) was supported by the Equality Network and endorsed by other equal opportunities groups and a Children's Committee was suggested by the Royal College of Paediatrics and Child Health and Children in Scotland. Rape Crisis Centre suggested that the example from Glasgow City Council, where the Equality Committee is backed up by various sub Committees should be adopted.

21.2 The issue of the creation of sub-Committees and ad-hoc Committees was also addressed by respondents. For example, Scottish Engineering wished to see permanent Committees complemented by short life Committees to deal with ad-hoc, possibly cross-cutting issues. W J Allan Macartney MEP envisaged a system along the lines of the European Parliament Committee structure, whereby a fixed number of permanent Committees are complemented by a limited number of ad hoc Committees. Other groups such as Alzheimer Scotland wanted to see the use of sub Committees to examine particular policy issues.

21.3 RSPB Scotland and the Scottish Liberal Democrats, among others, also noted that, for a truly powerful Committee structure to be created, Committees would need access to staff and resources (eg a library) independent from Executive control.

21.4 The other significant issue which many of the respondents picked up in terms of the Committee structure was the perceived desirability of having Committees holding evidence taking sessions around Scotland. This idea was extremely popular and was seen as a key to "sharing the power" and overcoming the alienation which was seen to have been caused by a remote Parliament in Westminster.

22. Should there be separate select and standing Committees or should there be single Committees investigating the work of government departments and scrutinising legislation?

22.1 A wide raft of ideas emerged on this issue: some such as the Campaign for a Scottish Parliament, the Green Party and the City of Edinburgh Council felt that there should be single Committees which could develop expertise and which would place less pressure on the MSPs in such a small Parliament. It was also regarded, for example by the Equality Network, as the only way of ensuring an integrated approach to particular issues (such as equal opportunities). Others believed that the scrutiny/legislative functions needed to be separated - for example, a Committee which had been involved in the passing of a particular piece of legislation might not scrutinise its implementation and practical application in the same way as a Committee with no "personal" interest.

23. Should there be Committees reflecting the structure of the Scottish Office or should they cut across the work of departments?

23.1 The general feeling emerging from the consultation exercise was that the Committee structure should be cross cutting to allow them to tackle long-term objectives, but there was a recognition that this could cause difficulties in relation to the scrutiny of the Executive, and that such a structure might deliver a constantly changing set of Committees as policy priorities changed over time. Councils and COSLA favoured the "client group" rather than functional approach, mirroring their own model, and believed that such a cross cutting structure would avoid inter-departmental conflicts.

23.2 Another option which enjoyed support was that the Parliament should have a certain number of departmental based Committees backed up by a few strategic Committees which would have an audit role across all departments. SEPA, for example, suggest the need for an equivalent to the House of Commons Environmental Audit Committee which could also scrutinise legislative proposals and check to what extent the policies of departments are in line with principles of sustainability. The Scottish Liberal Democrats proposed that Committees should be predicated on a basic departmental structure, but with an element of holistic government built in by giving each Committee full Executive responsibility for that area, including the impact of other legislation and proposals on it. As in the European Parliament, the lead Committee on a particular piece of legislation would therefore bring in the views of other Committees whose area of work would be impacted upon.

24. How might equal opportunities be addressed in the work of Committees?

24.1 This was not an issue which many respondees tackled separately from general questions on both Committee membership and Equal Opportunities issues. The STUC Black Workers Group suggested that automatic Committee membership for all MSPs would ensure the representation of MSPs from minority groups on Committees, while Perth & Kinross Council wanted to see the monitoring of Committees' equal opportunities policies of Committees via performance targets and indicators. BT stressed the significance of inclusive language, while Democratic Left Scotland emphasised that any meaningful equal opportunities policy should place the burden of proof on Committees to demonstrate that they have promoted equality of opportunity.

25. How should membership of Committees be decided?

25.1 The theme running through the responses was that representation on Committees should be proportional to the balance of parties within the Parliament, although it was hoped that the Committees, like the Parliament in general, could adopt a consensual working style which was not solely based on adherence to the Party Whip. Respondees also felt that MSPs should be given some choice about which Committees they sat on, thus ensuring that where possible Committees were composed of MSPs with a particular expertise or interest in the subject. Although some equal opportunities groups favoured quotas for minorities or a 50/50 gender balance, most considered that this would not be fair (or practical in such a small Parliament). Rather, they felt that all MSPs should be given the chance to participate equally in Committee work by the provision that all MSPs should sit on a set number of Committees - perhaps two or three. This would ensure representation for female and minority group MSPs. Some groups also suggested that a geographical spread of constituencies should be represented on all Committees, thus ensuring that central belt interests did not dominate.

25.2 A suggestion was also made (for example, by the Scottish Out of School Care Network) that the membership of Committees be reviewed every three years to ensure the continued input of fresh ideas.

26. How should Committees initiate legislation?

26.1 There was definite support for the idea that the powers of Committees should be extended in comparison with those at Westminster to include the power to initiate legislation. Indeed, the local government lobby wished to see this extended to give rights to local government to promote (not only private) legislation (for example, this was brought up by the Society of Local Authority Lawyers and Administrators in Scotland.) The use of the powerful Committee structure which relied heavily on public consultation was regarded as providing an opportunity for legislative proposals to be proactive rather than reactive. The City of Edinburgh Council made the suggestion that the timetable of the Parliament should set aside time for the Committees to initiate legislation, and similarly the Scottish Liberal Democrats proposed that Committee proposals should be submitted to the Business Committee for time to be allocated for the Committee's proposal. That Committee would than take the lead in steering the legislation through the pre-legislative, drafting, and full legislative processes.

27. What role might non-MSPs play in Committees?

27.1 Two main strands of thought emerged in answer to this question: that non- MSPs should take an active role in Committees themselves, or that their role should be limited to one feeding into Committees via other types of panels and fora.

27.2 Amongst those who envisaged role for non MSP experts and lay people within the Parliamentary Committees themselves, there was by and large a recognition that it would not be feasible, nor democratically accountable, for such individuals to have voting rights within the Committee. What was suggested was that they should input into the Committee through their advisory role and, in the case of specialists, through a dissemination of relevant background knowledge and an examination of witnesses. (Such a view came, for example, from CBI Scotland). And respondees did tackle the issue of how a measure of accountability could be retained in terms of choice of non-MSP Committee members: for example, the Scottish Civic Assembly wanted to see non voting members appointed via an Appointments Committee, while an alternative suggestion on appointment was raised by the Scottish Chambers of Commerce who suggested that non members be appointed to Committees according to the Nolan guidelines for appointments to NDPBs. To ensure the adequate flow of information, Comann nam Parant Locharrain suggested that non-MSP specialists be appointed on a time limited, topic-related basis, thus maximising the relevance of the input from these experts.

27.3 As mentioned in 30.1 above, the alternative structure suggested in a variety of forms was based around the concept that it would be more appropriate for non MSPs to impact upon the work of Parliamentary Committees via a separate structure which in turn flowed into and advised the Committees themselves. These groups were variously envisaged as advisory forums, informal working groups, expert panels, and sub-Committees.

27.4 For example, the SCVO considered that, with Committees being the focus of the work of the Parliament, early or unrefined ideas could be developed via Parliamentary forums, recognised by the Parliament, where the public and interest groups could develop ideas. These groups should be given official recognition and access to all Committees, and should be given Secretariat funding by the Parliament. "Recognition by the Parliament will represent a commitment by it to ensure the forum is notified of and consulted on all relevant debates and proposals: that it is "in the loop"."

27.5 Along similar lines, the STUC Black Workers Group proposed advisory forums drawing on the best practice of the recently established Consultative Women's Forum in the Scottish Office, while the SCDI saw a role for advisory panels including MSPs and representatives of civic society. Invited panel members would be unpaid and the panels set up on an ad-hoc basis. They would be chaired by a member of the relevant Committee into which the Panel feeds, thus guaranteeing continuity between the work of the Committee and that of its advisory panel. Along similar lines, ENABLE suggested that civil servants should draw up informal working groups to consider early ideas before they were fully considered by Committees.

28. How might pre-legislative scrutiny be undertaken?

28.1 Pre-legislative scrutiny was regarded as a vital mechanism, particularly in the absence of second chamber, and the idea was put forward that MSPs should be able to halt the progress of a Bill if it became apparent that insufficient pre-legislative consultation had taken place. Local authorities in particular were keen to see pre-legislative scrutiny in partnership with local government and the networks to which they have access, and they also favoured public pre-legislative hearings.

28.2 Again, many respondents here saw a role for national representative forums, composed of MSPs and social partners such as representatives from non-governmental organisations, along the lines of the Law Commission, to consider proposals (this was a suggestion, for example from the Children's Panel Chairmen's Group and RSPB). Another example along the same lines emanated from WWF Scotland and the Scottish Local Government Information Unit, who both suggested that a holistic approach to pre-legislative scrutiny be adopted via the formation of a Social Partners Forum, where partners on a specific issue would come together and draw together proposals to be taken forward within the Parliament as legislation.

28.3 The role of Committees in co-ordinating and taking responsibility for the pre-legislative scrutiny process was recognised, for example, by the Scottish Police Federation who supported the establishment of a dedicated Committee for pre-legislative scrutiny.

28.4 Others returned here to the "forums" idea which shaped much of the thinking on the involvement of non MSPs on Committees: for example, the Children's Panel Advisory Committee wished to see wide representation from interested parties in the pre-legislative process via a Consultative Forum; an alternative was proposed by the Scottish Down's Syndrome Association who felt that pre-legislative consultation should take place using the Scottish Civic Assembly as umbrella body. The Scottish Liberal Democrats favoured a consultation process co-ordinated by the ACC (see paragraph 32 below) which would look at the basic legislative proposal and build up a consensus view to be passed back to the Parliament.

28.5 Paragraphs 9.1 and 9.2 above are also relevant here: the consultation process was regarded as inextricable from the pre-legislative process.

29. How might the views of interest groups and the impact of new policies on them be taken into account before and during the legislative process?

29.1 This question very much brought together the same kind of responses as questions on Sharing the Power (in particular taking into account the views of civic society) and those on pre-legislative scrutiny and the involvement of non MSPs in the work of Committees. A definite view emerged that the consultation process should begin much earlier to allow interested groups a role in setting the scope and agenda of legislation, rather than commenting on what has already been produced. The Law Society of Scotland and others came out in favour of a continuation of the Green Paper/White Paper approach, which was regarded as working reasonably well and which had the advantage of being familiar to consultees.

29.2 The Poverty Alliance made the suggestion that there should be an accreditation process for voluntary groups, in particular umbrella organisations, who would themselves act as networks to bring together views on consultation and could then represent views gleaned through their roles as non-voting members of the relevant Committee.

29.3 Other organisations also proposed radical new ways of consulting. For example, RoSPA favoured proactive communication between interested parties with Committees, so that possibilities for submitting evidence to Committees would not be dependent upon receipt of an invitation from that Committee to give evidence: rather, organisations should be able to apply to the Committee asking for their evidence to be heard. Wider consultation should be encouraged: the Scottish Civic Assembly wished to see early consultation being encouraged via the publication of an "issues" paper inviting public response, while the Committee of Scottish Clearing Bankers considered that the first stage in consultation might be an informal process whereby views can be heard in open forums. Several organisations, including Children in Scotland, were keen to see that feedback was given to views brought forward during the consultation process, thus demonstrating that views have been considered.

29.4 The Scottish Liberal Democrats advocated here a Social Partnership model, which would cover consultation at all stages of the legislative process and which would be an organisation to feed in views of non MSPs to Committees. They envisaged the formation of an independent body called the Advisory and Consultative Council (ACC) to which civic organisations would appoint representatives. The ACC would form itself into Committees and would have Parliamentary funding and base itself within the old Royal High School. In this way, the ACC would become a forum for consultation and could also provide expert advice to the Parliament and Executive.

30. What information should the Parliament take into account when considering proposals (eg financial implications, equal opportunities implications, environmental impact, implications for business)?

30.1 Here again, groups advocated the consideration of implications which were connected to their area of interest. A compliance cost assessment and consideration of long term economic effects was supported CBI Scotland "Legislative proposals should always include a section dealing with the costs and/or economic benefits of what is proposed both in direct terms and the indirect effect on the economy as a whole", and the Scotch Whisky Association. The Scottish Liberal Democrats also focused on the particular significance of financial implications: they considered it necessary to avoid narrow "Treasury style" control. Instead, proposals should be presented to the Parliament with full financial information, including costings for alternatives, and civil servants should provide non Executive parties with costings of proposals as necessary.

30.2 Councils were keen to see potential legislation proofed in regard to its potential impact on local government (in particular, the resources local authorities would need to implement the legislation and whether it would erode local government functions) Other examples of the kinds of implications to be considered were:

Health Education Board for Scotland - health implications; Engender: gender implications. North Ayrshire Council - implications for rural areas; Save the Children Fund - adherence to the UN Convention of the Rights of the Child; Equal Opportunities Commission - equal opportunities implications, monitored by an Equality Unit.

31. How can the Parliament ensure that legislation is properly considered?

31.1 The response to this which was widely given was that the timetable of the Parliament must be published well in advance to allow any groups with interests to consult widely and prepare their response. Such consultation should also avoid badly conceived legislation as end users will have chance to make their views known. This could be monitored by an independent structure which would audit the quality and quantity of consultation (as per the PHACE West response) Similarly, the use of a structured timetable would avoid the use of measures such as the guillotine which cut off debate (British Federation of Women Graduates). Limited debate at each stage would ensure all clauses of a Bill have the chance to be equally considered. The Institute of Chartered Accountants of Scotland wanted to see a "breathing space" built into the course of legislation to allow for further reflection and consultation. A similar view that the consultation process should not stop with the introduction of a Bill was advocated by The Royal Society of Edinburgh: "During the passage of a Bill, the appropriate Committee should continue to receive representations and adequate time must be allowed for the amended Bill to be considered. Defects in Bills are often due to amendments having been made without adequate opportunity to reconsider the Bill in its entirety."

31.2 Similarly the "quality not quantity" principle to the introduction of legislation was favoured, for example by COSLA. Following the same idea as that which had been advocated by the Scottish Liberal Democrats in terms of MSPs' appreciation of the financial implications of proposed legislation, the Committee of Scottish Clearing Bankers considered that ill formed legislation could be avoided if civil servants provided briefing to all MSPs, not just the Executive, so that they are fully informed.

32. Should existing legislation be reviewed and if so, how? What factors might be taken into account (eg financial implications, equal opportunities implications, environmental impact, implications for business)?

32.1 There was some concern about the resource implications of any widespread programme to review all legislation, and the "if it's not broken, don't mend it" view was voiced by many organisations. Two other views became apparent: that new legislation introduced within the Scottish Parliament should be reviewed as part of a post-legislative scrutiny process, and that existing Westminster legislation should be reviewed and "Scottified". For example, the Scottish Association for the Study of Delinquency saw a role for Committees in reviewing legislation 3/5 years after its implementation against milestones agreed at that time. The Federation of Small Businesses suggested that all new legislation should be reviewed one year after its implementation, by a different Committee to that responsible for its legislative passage. The need for the "Scottification" of legislation was supported by The Scottish Liberal Democrats who noted that much legislation pertaining to Scotland is tacked on at the end of English Acts, and considered that this should be remedied.

32.2 Respondents considered that the same factors should be considered for the review of existing legislation as for proposals for new legislation.

33. Should there be electronic voting?

33.1 This question appeared to cause considerable confusion amongst respondees, many of whom took it to refer to electronic voting by the electorate for elections to the Scottish Parliament. Those who recognised that the question referred to the voting procedures in the Plenary sessions of Parliament were very supportive, seeing it as time saving and cost effective, although there was recognition that there would need to be security safeguards and a manual backup. The RNIB also pointed out that any system in place would need to be suitable for use by blind or partially sighted MSPs.

33.2 There was dissent also about whether MSPs should be able to vote from outwith the Parliamentary Chamber. Some believed that this would erode the accountability of MSPs, and could lead to badly conceived legislation as MSPs could vote without being aware of the issues raised in debate. Others considered that a remote voting system would have the advantage of allowing MSPs in remote areas to participate in the proceedings without the need to travel to Edinburgh.

34. How can it make the best use of Information Technology, the Internet, electronic mail?

34.1 Issues of Information and Communication Technology related also to the discussion on Sharing the Power (access to information about the work of the Parliament); Equal Opportunities (how to ensure all individuals and groups had similar access to information) and Accountability (how members of the public could contact and be aware of the work of their MSPs). Thus ICT was regarded as being useful as a conduit for two way communication - both for the dissemination of information and for the facilitation of consultation and the garnering of public opinion. It was widely felt, for example, that all MSPs and Committees should be accessible by e-mail, and that discussion groups should be set up on the Internet.

34.2 For the Parliament to become a showpiece for best use of ICT, there should be broad and imaginative use of information technology, for example, taking Committee evidence by video-conferencing with remote areas, or as the Glasgow's Children's Panel Advisory Committee suggested, by using an interactive website.

34.3 The need to recognise that sophisticated ICT systems were not available to all was emphasised in this part of the discussion (as throughout the responses) and CD-ROM, for example, was considered an inexpensive alternative to the provision of Parliamentary information via the Internet for those without on-line access. Similarly, ICT Best Practice should include the provision of ICT access points (as suggested by British Telecom) in councils, supermarkets, schools, libraries and so on.

35. What other Best Practice could the Parliament draw on?

35.1 Respondents considered that the best source of best practice would be other Parliaments, particularly those which were devolved and/or related to areas with similar populations to Scotland. BT cited the example of the Swedish Parliament, where the website showed the contents of the Prime Minister's mailbag each day. The United Nations and the European Union were also mentioned as worth considering in their use of social partners and a participative approach to decision making. Local Government examples were suggested by councils themselves, and by Strathclyde Fire Board who suggested that the Parliament should adopt Local Government's "best value" approach, both in its planning cycle and in terms of procedures and systems which should be benchmarked against those in other countries. The Irish National Economic and Social Forum was also cited several times as an example of best practice in consultation.

35.2 Turning around the question, John G Sturrock expressed the hope that the innovative new working methods of the Parliament should result in a new model of best practice for the rest of Scotland through its consensus building politics.

Equal Opportunities

36. The Scottish Parliament is likely to keep normal business hours and take Scottish school holidays. What else should it take into account to ensure that the Parliament is open to all?

36.1 The issue of the Parliament keeping normal business hours and taking Scottish school holidays was broadly supported, but not universally. It did attract some criticism as it was felt that such a timetable might work against the principle of accessibility, as it might exclude those who work or attend school themselves from being able to visit the Parliament while it is in session. Some business organisations, such as FirstGroup plc, also felt that it would be non-businesslike for the Parliament to place such restrictions on its working hours. The proposal was made (for example by the National Board of Nursing), therefore, that some consideration should be given to allowing out of hours public access to the Parliament, ensuring that everyone had the opportunity to visit.

36.2 Women's and children's organisations were also very supportive of the provision of nursery facilities but, it was felt that these should be available not only for MSPs, but for staff and visitors. In a similar vein, it was regarded as important to remember that access to meetings could be restricted for example by their timing (during religious holidays or at times when organising childcare might be difficult) or by access difficulties (such as the availability of signers or interpreters, or whether pre-meeting material was available in good time in Braille format). Access to public transport was identified, for example by Business & Professional Women UK Ltd and the West Lothian Women's Forum as another key to providing the opportunity for all to participate in the Parliament.

37. What other practices could be adopted to promote equal opportunities?

37.1 Equal opportunities organisations in particular advocated a wide variety of measures which would both ensure equality of opportunity within the Parliament and which would also send a signal to the rest of Scotland indicating the Parliament's position as a model of equal opportunities best practice. For example, the Equal Opportunities Commission suggested that all Parliamentary funded bodies should provide Equal Opportunities plans including performance objectives and monitoring mechanisms as a condition of their funding. ENABLE asked that the Parliament embrace the principle of "reasonable adjustment", by which any policy, procedure or practice might have to be changed to allow the participation of a particular group.

37.2 Many organisations, such as Capability Scotland also suggested that a welcoming atmosphere on arrival in the Parliament could be created if disability (and other equal opportunities) training were to be provided for staff. There was also a recognition that any equal opportunities policy in the Parliament could only be meaningful if it were monitored regularly and relevant statistics collected: COSLA suggested that such monitoring could be undertaken by a Parliamentary Unit along the lines suggested in the John Wheatley Centre report.

37.3 Fife Council Service Development Team made a particular point about the need to ensure that methods of consultation in themselves encouraged equality of opportunity: "The Parliament should be proactive in seeking minority women's views and translating them into the legislative process rather than drafting legislation and then assessing the impact upon disadvantaged groups". They felt that only in this way could the Parliament ensure that the consultation process spreads beyond the powerful groups with the resources to make their voices heard.

38. How might the language and other practices of the Parliament be inclusive/non-discriminatory?

38.1 It was generally recognised that English would be the main language of the Parliament, but various organisations lobbied for the use in the proceedings of other languages. Such views were not restricted to discussion of Gaelic and but also related to ethnic minority languages and the status of BSL, which, for example, the Royal National Institute of the Deaf said should be recognised as an official language of the Scottish Parliament. It was widely considered that translation of documents into Braille, Gaelic, ethnic minorities languages and non-traditional formats (such as tapes) were a key to ensuring accessibility to information, as was the use of non-sexist language (eg make alternate use of male and female forms in all written documents)

38.2 Organisations such as Comunn na Gaidhlig and sister organisations asked that Gaelic should be given particular status in the Parliament: It was also recommended that "constituents should be granted a right to use Gaelic in their dealings with Parliament and to expect the use of Gaelic in reply". They also argued that MSPs should have the right to use Gaelic in all Parliamentary proceedings, making its status on a par with that of English.

38.3 Several groups (particularly those in peripheral areas of Scotland) also highlighted the need to consider regional issues in the context of ensuring the inclusivity of the Parliament. For example, the Scottish Liberal Democrats and the Shetland Islands Council Liberal Democrat Group both emphasised the need to see adequate representation for the regions and island areas, and they proposed particular Committees to cover the particular needs of these areas, backed up by an "Islands Desk" within the civil service. Similarly, the Scottish Conservatives in the Dumfries area proposed that inclusivity could be promoted by distributing Government departments around Scotland to areas relevant to each department.