How Parliament
Works
Towards
a working parliament
Key
personnel
Parliamentary
staff
Working
practices
What
is the Parliamentary session?
What
are Parliamentary years?
When
does the Parliament meet?
Where
does the Parliament meet?
How
does the Parliament organise its discussions?
How
is a subject brought before Parliament?
The
importance of committees
How
the Parliament makes laws
Introducing
a Bill
The
stages of a Bill
Stage
1
Stage
2
Stage
3
Towards a working
Parliament
The creation of a new Scottish Parliament provided the opportunity
to establish a representative body with new working practices.
For example it could aim to use modern information technology
throughout its operation. A new parliament could adapt best practice
from around the world as well, especially from:
- parliaments of small countries
- other devolved parliaments, such as those in Spain (e.g.
Catalonia)
- federal parliaments, such as those in Germany (e.g. Bavaria)
The
CSG report included comprehensive proposals for the working
of the new Parliament. Four key principles were identified:
- Sharing the power: the Scottish Parliament should embody
and reflect the sharing of power between the people of Scotland,
the legislators and the Scottish Executive;
- Accountability: The Scottish Executive should be accountable
to the Scottish Parliament and the Parliament and Executive should
be accountable to the people of Scotland;
- Access and participation: the Scottish Parliament should
be accessible, open, responsive and develop procedures which
make possible a participative approach to the development, consideration
and scrutiny of policy and legislation; and
- Equal opportunities: the Scottish Parliament in its operation
and its appointments should recognise the need to promote equal
opportunities for all.
The devolution scheme means that some areas of policy and
legislation are dealt with by the Scottish Parliament and Executive.
These are called devolved matters. They include
- Social work services
- Health services
- Local councils
- Education and training
- Housing
- Transport
- Sport
- Law and Order (the police, the courts and lawyers)
- Farming, Fishing and Forestry
- The Arts
- The Countryside
- How to bring more money into Scotland to help create jobs
and services
Other issues are known as reserved matters. These are dealt
with by the UK Parliament at Westminster. They include
- Defence
- Social security benefits
- Foreign policy
- Immigration and nationality
- Employment
Key figures in the Scottish Parliament
The Scottish Parliament is made up of 129 elected Members
of the Scottish Parliament, known as MSPs.
One of the MSPs is elected by the Parliament to serve as the
Presiding Officer. There are two deputy Presiding Officers. The
role of the Presiding Officer and the two deputies is to:
- Chair meetings of the Parliament
- Convene and chair meetings of the Parliamentary Bureau
- Decide on questions raised regarding the meaning of the rules
for parliamentary proceedings
- Represent the Parliament in discussions with other parliamentary
or governmental bodies
The party, or parties, with the majority of seats forms the
Scottish government, known as the Scottish Executive. This is
made up of:
- The First Minister. The MSPs select a nominee for First Minister
who is formally appointed by the Queen. As head of the Scottish
Executive, the First Minister has a direct relationship with
the Sovereign in appointing ministers, law officers and judges
of the Court of Session. The First Minister is in effect Scotland's
counterpart of the Prime Minister in the UK Parliament.
- Two Scottish Law Officers. These are the Lord Advocate and
the Solicitor General for Scotland, who are part of the Scottish
Executive. They advise the Scottish Executive on legal matters
and represent its interests in court, and the Lord Advocate is
head of the systems of criminal prosecution and investigation
of deaths in Scotland. Both are appointed by the Queen on the
recommendation of the First Minister, made with the approval
of the Scottish Parliament. Since their work is highly specialised,
it may not be possible to appoint them from amongst the elected
MSPs. If this is the case, they can still participate in the
work of the Parliament but cannot vote.
- The Scottish Ministers. These are appointed by the First
Minister who determines the number of Ministers and their responsibilities,
also known as portfolios. The First Minister can appoint Junior
Ministers to assist the Scottish Ministers with government business
as well.
Paliamentary staff
The work of the Parliament is supported by its own staff,
headed by the Clerk (or Chief Executive) of the Parliament. These
officials are employed by the Parliament itself so they are independent
of the Scottish Executive and act impartially solely on behalf
of the Parliament.
There are many groups of staff performing a wide range of
tasks, from clerks (who advise MSPs on detailed matters of parliamentary
procedure) to security and IT staff. The Clerk, as the Parliament's
most senior official, has the ultimate responsibility for ensuring
it operates smoothly and efficiently.
What is the Scottish Parliamentary Corporate Body (SPCB)?
The SPCB is a legal body of five members (four MSPs, and the
Presiding Officer as Chair) which provides the Parliament with
its resources and staff. It is also known as the "Parliamentary
corporation".
Working Practices
The full working arrangements for the Parliament are set out
in a document called the "Standing Orders". These contain
the rules that regulate the proceedings of the Parliament.
The Parliament works in two main ways, through:
- full meetings (known as "a meeting of the Parliament"
which all 129 members can attend)
and
- committee meetings (smaller groups).
What is a Parliamentary session?
A full session of the Parliament normally lasts for four years
from the date of a general election. After this the Parliament
is dissolved and a general election is held. The first full session
of the new Scottish Parliament began on 12 May 1999 which was
the date of its first meeting after the general election.
What are Parliamentary years?
The session is divided into Parliamentary years for the purpose
of arranging a calendar of meetings and business. These last
for twelve months.
The first Parliamentary year is the year beginning with the
date of the first meeting of the Parliament following a general
election. Thus the first Parliamentary year runs from 12 May
1999 as well (the second, third and fourth Parliamentary years
will run from 12 May 2000, 12 May 2001 and 12 May 2002).
When does the Parliament meet?
Normally the Parliamentary year is divided into two periods:
- when the Parliament or its committees are operating, known
as "sitting days"
and
- when the Parliament is not operating, known as "recess"
(some committees may meet during this time).
The dates for the recess are decided with regard to when schools
in any part of Scotland are on holiday.
The Parliament can meet on any sitting day during a normal
Parliamentary week. The timetable for this is:
- Mondays: 14:30-17:30
- Tuesdays-Thursdays: 09:30-17:30
- Fridays: 09:30-12:30
The full Parliament does not meet when Committees are sitting
so in practice the hours are divided up as follows:
- All day Tuesday and Wednesday morning - Committees
- Wednesday afternoon and all day Thursday - meetings of the
Parliament
Where does the Parliament meet?
The Parliament meets in its interim accommodation at the Church
of Scotland Assembly Hall, The Mound, Edinburgh. This is also
known as "the Debating Chamber" or just "the Chamber".
Committees generally meet in the Committee Chambers building
on George IV Bridge, or in the Chamber itself, or in any other
place in Scotland.
These are interim accommodation arrangements until the new
Parliamentary buildings at Holyrood are completed, which is expected
to be in the autumn of 2001.
How does the Parliament organise its discussions?
The Parliamentary Bureau arranges the programme of meetings
and the business to be discussed. This is a group of representatives
of the various political parties and groupings in the Parliament,
chaired by the Presiding Officer. Because of the matters it has
to discuss and decide upon on the Parliament's behalf, it meets
in private.
The Parliamentary Bureau draws up the business programme for
a set period ahead, to include deadlines for Parliamentary or
Committee consideration of any specified business, including
Bills or other legislation. The Clerk of the Parliament draws
up a daily business list based on that programme.
How is a subject brought before Parliament?
Topics can be raised by MSPs by:
- Asking oral questions
- Submitting written questions
- Giving notice of or moving a motion
The importance of working by committee
Using a committee system for much of the work of the Scottish
Parliament was preferred because it was felt that this would:
- encourage significant public involvement in the Parliament's
activities
- enable the Parliament to hold the Scottish Executive to account
effectively
- provide MSPs with significant, worthwhile and satisfying
parliamentary work
- lead to the more efficient transaction of business, including
law-making
A committee can inquire, on its own initiative or as required
by the Parliament, into issues within its remit (these are known
as "competent matters"). The committees will report
to the Parliament. In particular, they can consider:
- Policy, administration and financial arrangements of the
Scottish Administration
- Proposals for legislation in the Parliament or in the UK
Parliament, and the need for the reform of the law
- European legislation and international conventions and agreements
Committees can initiate legislation themselves. Committee
reports are presented to the Parliament or to another committee.
A committee has between 5 and 15 MSPs as members and is chaired
by a convener. The members are selected having regard to the
balance of the various political parties and groupings in the
Parliament. A committee can form sub-committees, and can hold
joint meetings with other committees.
Meetings are normally held in public, and can take place anywhere
in Scotland. A committee can appoint one of its members to be
its reporter on any specific matter. Advisers can be appointed
as well.
A committee can invite any person to attend a meeting as a
witness. This means giving evidence or producing documents related
to the competent business of that committee. Generally MSPs who
are not members of a committee can participate in its proceedings
but they are unable to participate in a vote.
Some key committees are required by the Standing Orders. These
are known as "mandatory committees". They include the
Standards Committee, Public Petitions Committee and Equal Opportunities
Committee amongst others. The Parliament can establish other
committees to deal with a particular subject or area of public
policy. These are known as the "subject committees".
How the Parliament makes laws
An important aspect of the arrangements is the provision for
pre-legislative examination. This allows the Parliament, (through
its committees and otherwise) and interested individuals and
groups in society to have a significant impact on the formation
of policy. It also allows for an influence on the translation
of policy into proposals for new laws.
Introducing a Bill
A Bill sets out proposals for
legislation. A Bill can be introduced into the Parliament by
Ministers and also by Parliamentary Committees or by MSPs. Thus
there are various types of Bill including:
- Executive Bills
- Committee Bills
- Members' Bills
Prior to introducing a Bill a
Minister can advise a committee on proposals for legislation
and outline the proposed consultation exercise. The committee
may wish to speak to the Minister at this stage. The committee
monitors the consultation and may take its own evidence at this
stage.
On Introduction all Bills must
be accompanied by the following documents:
- a written statement from the
Presiding Officer of his or her view as to whether or not its
provisions are within the legislative competence of the Parliament
(that is, that they concern only devolved matters). This must
identify which provisions, if any, are not within the legislative
competence.
- a Financial Memorandum. This
contains best estimates of the administrative, compliance and
other costs which the Scottish Executive, local authorities and
other bodies, businesses and individuals would have to meet,
if the Bill's provisions became law.
- an Auditor General's Report
for any Bill charging expenditure to the Scottish Consolidated
Fund. This contains of his or her view of whether that charge
is appropriate.
If the
Scottish Executive wishes to introduce a Bill it must also be
accompanied by:
- a written
statement from the appropriate Minister of his or her view that
its provisions are within the legislative competence of the Parliament.
- Explanatory
Notes, summarising objectively each provision of the Bill.
- a Policy
Memorandum setting out :
The Stages of a
Bill
The parliamentary
process that a Bill follows varies depending on the type of Bill.
The following describes the most usual process applied to a Bill.
This consists
of three stages:
- Stage
1 - consideration of its general principles, and a decision whether
they are agreed to (by Parliamentary Committee and by the Parliament)
- Stage
2 - consideration of the details of the Bill (by Parliamentary
Committee)
- Stage
3 - final consideration of it and a decision whether it should
be passed or rejected (by the Parliament)
Stage 1:
Initially,
a Bill is referred to the relevant subject committee (known as
"the lead committee"), and if it includes provision
to make subordinate legislation, to the Subordinate Legislation
Committee, for consideration. The lead committee may take evidence
at this stage. Other committees may be involved such as Equal
Opportunities or Finance plus any other subject committee with
an interest. These feed back into the lead committee and their
views are included in the Report.
Once the
lead committee has reported on the Bill, the Parliament itself
considers the general principles as well. Then the Parliament
decides whether these principles are agreed to. This decision
is taken in light of the lead committee's report.
The Bill
may be referred back to the lead committee for a further report
on the principles of all, or any part, of the Bill before the
Parliament makes its decision. More evidence may be taken at
this stage.
If the
Parliament does agree to the general principles then the Bill
proceeds to Stage 2. If Parliament does not agree, the Bill falls
and ceases any progress at this stage.
Stage 2:
In this
stage the Bill receives more detailed 'line-by-line' consideration
either:
- entirely
by the lead committee
- entirely
by a Committee of the Whole Parliament
- entirely
by a Parliamentary committee or committees other than the lead
committee
- partly
by the lead committee and partly by
- a Committee
of the Whole Parliament or
- a Parliamentary
committee or committees other than the lead committee
Each schedule,
long title to and section of the Bill is considered separately
in Stage 2, when amendments may be proposed and made.
Amendments
may be made which would insert or substantially alter any provisions
to confer powers to make delegated legislation. If that is the
case then the amended Bill is referred to the Subordinate Legislation
Committee for its consideration and report.
Stage 3:
The amended
Bill is then considered by the Parliament, which can further
consider and make amendments to its provisions. The Parliament
then debates and decides whether the Bill, in this final form,
should be passed. At least a quarter of all MSPs must vote (whether
'for', 'against' or 'abstain').
At this
point, up to half the sections of the Bill may be referred back
for further Stage 2 consideration by the relevant committee or
committees. On the Bill's return to the Parliament after this,
further amendments may be made only to its referred-back provisions.
The Parliament
then considers and decides whether to approve the Bill.
Once a
Bill has been passed or approved, it is then submitted by the
Presiding Officer to the Sovereign for Royal Assent.
On receiving
Royal Assent a Bill becomes an Act of the Scottish Parliament. |
