Presentation to the Macaulay Land Use Institute 11 July 2008 Peter McGrath Clerk to the Rural Affairs and Environment Committee

What is the relationship between the Scottish Government and the Scottish Parliament ? What are Scottish Parliamentary Committees for? What does the Rural Affairs and Environment Committee do? How can I engage with the Parliament / the RAE Committee?

Hold the Scottish Government to account Scrutinise the policies and actions of the Government Scrutinise proposals for legislation Scrutinise the Government’s budget Parliament’s role

Government/Executive and Parliament not interchangeable Parliament has virtually no executive powers Parliament not responsible for the Government’s performance but Parliament responsible for laws passed and for scrutiny of Government performance Key points

The Parliament 129 MSPs elected by the people Accountability Scrutiny Ministers From largest party or coalition Parliament, 16 committees, questions from MSPs Ministers and civil servants NDPBsExecutive AgenciesLocal authorities

Chamber Business Question time Debates on motions Considering legislation at final stage Decision time What do committees do? Committee Business Inquiry work Considering Government budget in detail Bulk of legislative scrutiny (primary and secondary)

Committees Membership of Committees –Role of Convener Types of committee: –Mandatory –Subject –Ad hoc

Stage 1: General principles of the Bill Stage 2: Line by line scrutiny of the Bill by Committee; amendments Stage 3: Final chance for Parliament to amend the bill, then a final debate Handling primary legislation in the Scottish Parliament

1 2 3 Committee inquiry into general principles of Bill Committee reports to the Parliament Bill introduced Bill referred to lead committee: time set for Stage 1 Parliamentary debate and vote Committee: Line by line scrutiny and amendments Bill re-printed 'as amended' Chamber: further amendments Vote on motion to pass Bill Royal Assent: Bill becomes Act Committee Chamber Committee Chamber Bureau Statute Three stages – more details

Secretary of State or Law Officers may object - within 4 weeks Submitted for Royal Assent by Presiding Officer On Royal Assent becomes an Act of the Scottish Parliament (ASP) and law Parts of an Act can be ‘commenced’ at different times After passing of a Bill

Government legislative programme Non-executive Bills Accompanying documents Financial resolution Legislation: other points

Subordinate legislation Purpose Affirmative and negative 40-day rule Role of Subordinate Legislation Committee Role of subject committee

Committee inquiries Anything within committee remit Committee takes initiative (cf legislation) Spoken and written evidence Committee visits May appoint advisor Ends with report to Parliament

Membership Remit: –Agriculture –fisheries and aquaculture –Forestry –Land reform –Water quality regulation –Environment and natural heritage –Rural development –Sustainable development Rural Affairs and Environment Committee

Work already done –Flooding inquiry Work in progress –Rural housing inquiry –Mini-inquiries (Eg Crown Estates management; ticks and tick-borne diseases) Rural Affairs and Environment Committee

Future work –Flooding Bill –Food policy round table –Waste management –(Climate Change Bill) Recurring issues –Subordinate legislation –CFP quota talks –Budget process –Petitions

Government website for prospective Government Bills/strategies Committee webpage –Agendas –Official report and minutes –Work programme –News releases Bills webpage for introduced Bills Scottish Parliament Business Bulletin Committee clerks Engaging with the RAE Committee’s work

Committee inquiries/Bills as Stage 1 –General call for written evidence –Fact-finding visits & events –Specific requests for written evidence –Oral evidence with an accompanying written submission Bills at Stages 2 and 3 –amendments Subordinate legislation –written submission Engagement with the RAE Committee

Public petitions process Write to conveners/clerks Away days/round tables etc Direct approach to MSPs Influencing the committee’s work programme

Make submission work for you Remember what it’s for Spend time on it Keep it brief – focus on key issues Don’t supply unnecessary supplementary information Written submissions

Members will read it before the meeting Used by clerks, SPICe and advisers to prepare briefing Published on the Committee website Published in the Committee report What happens to my submission?

Who to choose Prepare –Read previous evidence-taking sessions –Anticipate questions –Any queries: contact the clerks On the day –Opening statement? –Questions from members in turn –Opportunity to follow up Appearing before a committee

Amendments to Bills Basic principles separate textual amendments “rule of progress” Handling clerks help with wording published in Daily List (in Business Bulletin) Collated into Marshalled List Grouped for debate Practical points deadlines are crucial; get amendments in early make the policy clear and the wording will follow is it a probing amendment or not? read each Daily List carefully; mark up your Bill