AG/S5/20/23 PARLIAMENTARY BUREAU AGENDA FOR MEETING …€¦ · AG/S5/20/23 PARLIAMENTARY BUREAU AGENDA FOR MEETING ON TUESDAY 23 JUNE 2020 12 noon: Committee Room 1 1. Minutes (a)

AG/S5/20/23 PARLIAMENTARY BUREAU AGENDA FOR MEETING ON TUESDAY 23 JUNE 2020 12 noon: Committee Room 1 1. Minutes (a) Draft minutes of 16 June 2020 (b) Matters arising. 2. Future business programme (PB/S5/20/98)

3. Referral of a Bill at Stage 1 (PB/S5/20/99)

4. Timetabling of a Bill at Stage 1 (PB/S5/20/100) 5. Approval of SSIs (PB/S5/20/101)

6. Referral of an LCM (PB/S5/20/102)

7. Time for Reflection (PB/S5/20/103) Date of next meeting—

TBC

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PARLIAMENTARY BUREAU MINUTES OF MEETING HELD ON 16 JUNE 2020 AT 12 NOON. Attending: Ken Macintosh (Chair), Linda Fabiani, Christine Grahame, Lewis Macdonald, Graeme Dey, Liz Smith, Elaine Smith*, Patrick Harvie, Willie Rennie. Observing: George Adam. Officials present: David McGill, Tracey White, Irene Fleming*, Catherine Fergusson, Neil Stewart, Lewis McNaughton*, Joanne McNaughton*, Fergus Cochrane*, Steven Bell, Fergus Cochrane*, Susan Duffy*, Jason Lloyd. * indicates attendance by videoconference

1. Item 1a: Minutes of last meeting – The minutes of 9 June 2020 were agreed.

2. Future business programme – The Bureau agreed to recommend to the Parliament a revised programme of business for the week commencing 15 June 2020 and a programme of business for the weeks commencing 22 June 2020 and 10 August 2020. Elaine Smith requested a statement on education and schools before summer recess. Graeme Dey indicated that, whilst there were already opportunities to scrutinise this matter through Topical Questions on 16 June and Portfolio Question Time on 18 June, he would consider adding a statement to the week commencing 23 June. Remote voting update The Bureau received an update on development of a remote voting system. The Bureau also noted that a proposed mechanism for the agreement of business during the summer would be circulated by email and, subject to views on the mechanism, could be discussed at the next meeting.

3. Approval of SSIs Budget (Scotland) Act Amendment Regulations 2020 The Bureau agreed to recommend to the Parliament that the Budget (Scotland) Act Amendment Regulations 2020 be approved. COVID-19-related SSI – the Local Government Finance (Coronavirus) (Scotland) Amendment Order 2020 The Bureau agreed to recommend to the Parliament that the Local Government Finance (Coronavirus) (Scotland) Amendment Order 2020 be considered by the Parliament.

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4. Suspension and variation of Standing Orders – The Bureau considered the extension of

the suspensions and variations of Standing Orders agreed by the Parliament as part of its response to the COVID-19. The Bureau noted that the suspensions and variations currently apply up to 26 June and agreed that the period for which they apply should be extended to 9 October. The Bureau noted that this extension would be confirmed in a determination by the Presiding Officer.

5. Hybrid meetings guidance – The Bureau considered a paper setting out revised guidance for members on hybrid meetings. After discussion, the Bureau agreed to approve revised guidance and noted that the Business Team will issue revised guidance to all members.

6. Publication scheme – It was agreed that all papers considered at the meeting should be

published.

7. Date of next meeting – The next meeting of the Bureau would be at 12 noon on Tuesday 23 June 2020. Catherine Fergusson Clerk to the Parliamentary Bureau 16 June 2020

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PARLIAMENTARY BUREAU REFERRAL OF BILLS UK WITHDRAWAL FROM THE EUROPEAN UNION (CONTINUITY) (SCOTLAND) BILL Introduction 1. The UK Withdrawal from the European Union (Continuity) (Scotland) Bill was introduced in the Parliament on 18 June 2020 by Michael Russell MSP, Cabinet Secretary for the Constitution, Europe and External Affairs. 2. The Bill is concerned with ensuring continuity of provision as a consequence of the UK’s withdrawal from the European Union. Scottish Ministers may by regulations make provision corresponding to EU law, including provision to modify retained EU law and provision for implementation and enforcement. This can relate to any relevant EU law or competences. 3. Section 1 provides the Scottish Ministers with flexibility to omit or remove anything EU-related that would have no practical application in Scotland. The Bill provides a permissive rather than an obligatory provision to keep pace with any future EU laws. 4. Part 2 sets out guiding principles on the environment and sets up a new body, Environmental Standard Scotland (ESS), to monitor how effective environmental law is and how well it is being implemented. ESS is also provided with powers of enforcement. Referral of Bill 5. The extensive delegated powers provisions in the Bill could be used to amend devolved law in a manner that could engage the remits of several committees. However, the Bill is considered to directly engage the remits of the following committees for the following reasons:

Finance and Constitution Committee

The remit of the Committee includes to consider and report on ―constitutional matters falling within the responsibility of the Cabinet Secretary for Constitution, Europe and External Affairs.‖ The Cabinet Secretary has general responsibility for the constitution. The remit of the Committee is therefore engaged.

Environment, Climate Change and Land Reform Committee

The remit of the Committee includes to consider and report on ―matters falling within the responsibility of the Cabinet Secretary for Environment, Climate Change and Land Reform‖. The Cabinet Secretary’s remit includes


environmental protection and environmental and climate justice. The remit of that committee is, therefore, also engaged.

6. It is considered that the Finance and Constitution Committee has the primary interest in this Bill. That Committee was designated lead committee in consideration of both the Legislative Consent Memorandum for the European Union Withdrawal Bill (UK Parliament legislation) and the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill in 2018. 7. It is understood that the Environment, Climate Change and Land Reform Committee wishes to consider the Bill and it is recommended that it be designated as a secondary committee. Such designation does not, however, require that Committee to consider the Bill. 8. Lack of formal designation does not preclude any other committee whose remit is engaged from also considering the Bill if it so wishes. 9. The Bureau is invited to consider recommending to the Parliament by motion that it agrees, under Rule 9.6.1, to designate—

the Finance and Constitution Committee as the lead committee for consideration of the UK Withdrawal from the European Union (Continuity) (Scotland) Bill at Stage 1, and

the Environment, Climate Change and Land Reform Committee as a secondary committee

10. A draft motion is provided below. Parliamentary Business Team June 2020 Draft Parliamentary Bureau motion on the UK Withdrawal from the European Union (Continuity) (Scotland) Bill: Designation of Lead Committee – That the Parliament agrees that the Finance and Constitution Committee be designated as the lead committee, and that the Environment, Climate Change and Land Reform Committee be designated as a secondary committee, in consideration of the UK Withdrawal from the European Union (Continuity) (Scotland) Bill at Stage 1.


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PARLIAMENTARY BUREAU TIMETABLING OF BILLS AT STAGE 1 Heat Networks (Scotland) Bill

1. On 11 March 2020, the Parliament agreed to designate the Economy, Energy and Fair Work Committee as the lead committee for consideration of the Heat Networks (Scotland) Bill at Stage 1.

2. The Parliamentary Bureau is now invited to recommend to the Parliament that consideration of the Bill at Stage 1 be completed by Friday 4 December 2020.

Parliamentary Business Team June 2020


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PARLIAMENTARY BUREAU: APPROVAL OF SCOTTISH STATUTORY INSTRUMENTS Registration of Independent Schools (Prescribed Person) (Coronavirus) (Scotland) Amendment Regulations 2020

1. The Education and Skills Committee has recommended that the above regulations be approved by the Parliament. Under Rule 10.6.5, the Bureau is required to lodge the following motion—

Graeme Dey on behalf of the Parliamentary Bureau: That the Registration of Independent Schools (Prescribed Person) (Coronavirus) (Scotland) Amendment Regulations 2020 be approved.

Purpose

2. To extend the date, as a result of the disruption caused by COVID-19, by which teachers in independent schools must register with the General Teaching Council for Scotland. Consideration by committee

3. The regulations were considered by the Education and Skills Committee at its meeting on 12 June 2020. The Committee agreed to the regulations without division and its report was published on 18 June 2020.

UEFA European Championship (Scotland) Act 2020 (Ticket Touting Offence) (Exceptions for Use of Internet etc.) (Scotland) Regulations 2020

4. The Culture, Tourism, Europe and External Affairs Committee has recommended that the above regulations be approved by the Parliament. Under Rule 10.6.5, the Bureau is required to lodge the following motion—

Graeme Dey on behalf of the Parliamentary Bureau: That the UEFA European Championship (Scotland) Act 2020 (Ticket Touting Offence) (Exceptions for Use of Internet etc.) (Scotland) Regulations 2020 be approved.

Purpose

5. To specify circumstances in which actions, in connection with electronic communications or the storage of data, are capable of constituting a touting offence. Consideration by committee

6. The regulations were considered by the Culture, Tourism, Europe and External Affairs Committee at its meeting on 18 June 2020. The Committee agreed to the regulations without division and its report is expected to be published on 19 June 2020.

Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020


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7. The Health and Sport Committee will consider the above regulations at its meeting on 23 June 2020. The outcome of the Committee’s consideration will be confirmed at the Bureau meeting. Subject to the Committee agreeing to recommend approval, the Bureau will be required to lodge the following motion—

Graeme Dey on behalf of the Parliamentary Bureau: That the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 be approved.

Purpose

8. To require international travellers to provide certain details in order to support “contact tracing”, and to stay in specified premises for a period of 14 days following arrival in the UK. Consideration by Delegated Powers and Law Reform Committee

9. The regulations were considered by the Delegated Powers and Law Reform Committee at its meeting on 16 June 2020. The DPLR Committee has drawn the attention of the lead committee to a number of errors in the regulations and its report was published on 17 June 2020.

Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020


Graeme Dey on behalf of the Parliamentary Bureau: That the Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020 be approved.

Purpose

11. To require operators of a commercial transport service, on which passengers arrive into Scotland from outside the common travel area, to provide such passengers with public health information on COVID-19. Consideration by Delegated Powers and Law Reform Committee

12. The regulations were considered by the Delegated Powers and Law Reform Committee at its meeting on 16 June 2020. The DPLR Committee has drawn the attention of the lead committee to a number of errors in the regulations and its report was published on 17 June 2020.

Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2020



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Graeme Dey on behalf of the Parliamentary Bureau: That the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2020 be approved.

Purpose

14. To correct an error in the original regulations regarding some specific references about offences and penalties. Consideration by Delegated Powers and Law Reform Committee

15. The regulations were considered by the Delegated Powers and Law Reform Committee at its meeting on 16 June 2020. The Committee raised no points in relation to the regulations and its report was published on 17 June 2020.

Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020

16. The Justice Committee will consider the above regulations at its meeting on 23 June 2020. The outcome of the Committee’s consideration will be confirmed at the Bureau meeting. Subject to the Committee agreeing to recommend approval, the Bureau will be required to lodge the following motion—

Graeme Dey on behalf of the Parliamentary Bureau: That the Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020 be approved.

Purpose

17. In the context of COVID-19, to enable payments to be made from the Scottish Legal Aid Fund earlier than would otherwise be possible, to ensure access to funds for legal aid providers. Consideration by Delegated Powers and Law Reform Committee

18. The regulations were considered by the Delegated Powers and Law Reform Committee at its meeting on 16 June 2020. The Committee raised no points in relation to the regulations and its report was published on 17 June 2020.

Decision

19. Business Managers are invited note that, subject to the relevant lead committee agreeing to recommend approval, the above motions will be lodged.

20. Business Managers should advise the Bureau if their party intends to speak against or oppose the motions.

Parliamentary Business Team June 2020


PARLIAMENTARY BUREAU LEGISLATIVE CONSENT MEMORANDUM - FISHERIES BILL (UK LEGISLATION) Introduction 1. Under Rule 9B.3.5, the Parliamentary Bureau is required to refer any legislative consent memorandum (LCM) that has been lodged with the Parliament to the committee within whose remit the subject matter of the relevant provision falls. Fisheries Bill 2. The Fisheries Bill was introduced in the House of Commons on 29 January 2020. 3. The Explanatory Notes accompanying the Bill set out the UK Government’s view of its purpose and main functions. It provides a range of powers for the UK Government and, in places, the Devolved Administrations, to manage fisheries upon exit from the EU. This includes powers to amend retained EU law, manage foreign vessels in UK waters and set limits on quota and days at sea (known as effort). Legislative Consent Memorandum 4. An LCM was lodged by the Cabinet Secretary for the Rural Economy and Tourism on Monday 15 June 2020. 5. The Scottish Government is of the view that it is a “relevant Bill” under Rule 9B.1 of the Parliament’s Standing Orders, as it makes provision applying to Scotland for purposes within the legislative competence of the Parliament, and alters the executive competence of the Scottish Ministers. The UK Government has also indicated that it considers this Bill requires Scottish Parliament legislative consent. 6. A number of areas in the Bill touch on matters within the devolved competence of the Scottish Parliament. The Bill grants additional powers through clauses 12-13, 14-18 and 19-20 and Schedules 2, 3, 4, 8 and 9 to the Scottish Ministers. Additional powers have been granted to Scottish Ministers to manage fisheries through Schedule 8, which replicates Clauses 36-42 (which apply to the Secretary of State only). 7. The Bill recognises the Scottish Government’s competence in fisheries and will only allow the Secretary of State to legislate for Scotland when the Scottish Ministers consent to do so under the following clauses:

vessels which do not require a fishing licence – clause 14(4)(a);

changes in licensing requirements for foreign vessels – clause 16(4)(a);

the powers to make provision on fisheries and aquaculture by regulation – clause 39(3)(a) and clause 40(4)(a).


8. The LCM engages the remit of two committees:

The remit of the of the Rural Economy and Connectivity Committee includes to consider and report on “matters falling within the responsibility of the Cabinet Secretary for Rural Economy”. This LCM has been lodged by the Cabinet Secretary for the Rural Economy and as such the remit of the Rural Economy and Connectivity Committee is engaged.

The remit of the Finance and Constitution Committee includes to consider and report on “constitutional matters falling within the responsibility of the Cabinet Secretary for Finance and the Constitution”. The Cabinet Secretary has general responsibility for the constitution. As with other legislation relating to the UK’s withdrawal from the EU this Bill has constitutional implications. The Committee has to date also considered all primary legislation relating to the UK’s withdrawal from the EU. The remit of the Finance and Constitution Committee is therefore engaged.

9. It is considered that the Rural Economy and Connectivity Committee has the primary interest in this LCM as the subject matter of the Bill is most clearly within its remit. However, formal designation of the Rural Economy and Connectivity Committee as lead committee does not, of course, preclude any other committee whose remit is engaged from considering the LCM if it so wishes. 10. Provisions in the Bill conferring powers on the Scottish Ministers to make subordinate legislation will also be considered by the Delegated Powers and Law Reform Committee. 11. The LCM indicates that the Scottish Government does wish to lodge a motion to seek the Parliament's consent on the basis of the Bill as its stands. Recommendation

12. The Bureau is invited to consider recommending to the Parliament by motion that it agrees, under Rule 9B.3.5, to designate the Rural Economy and Connectivity Committee as the lead committee to consider and report on the LCM.

13. A draft motion is provided below. Parliamentary Business Team June 2020


Annex Draft Parliamentary Bureau motion on the Fisheries Bill (UK Legislation): Designation of Lead Committee – That the Parliament agrees that the Rural Economy and Connectivity Committee be designated as the lead committee in consideration of the legislative consent memorandum in relation to the Fisheries Bill (UK Legislation).


PARLIAMENTARY BUREAU TIME FOR REFLECTION

1. Since 21 April, Time for Reflection contributions have been delivered remotely as part of the arrangements for business during the public response to COVID-19. This paper invites the Bureau to consider an approach to Time for Reflection for the period from August-October 2020.

2. Business Managers may wish to be aware that the majority of contributors on the previous programme were able to deliver their contributions. The few who were not will be offered opportunities to contribute as part of a future programme. However, no nominations have been received from members since Easter recess.

3. Given the ongoing public response to COVID-19, rather than being invited to consider a programme up to October recess, the Bureau is invited to agree that the Presiding Officer determine the programme of contributors, including those who were unable to deliver their contributions and on the waiting list, for the period immediately after summer recess. An update on a programme of contributors will be provided to the Bureau following the summer recess.

4. In order to assist in developing a diverse programme of contributors, Business Managers are invited to draw Members attention to the opportunity to nominate possible Time for Reflection contributors to the Presiding Officer. Officials will also email all Members to remind them of the process for nominating contributors. Recommendation

5. The Bureau is invited to agree that the Presiding Officer determine the programme of contributors for the period immediately after summer recess. Parliamentary Business Team June 2020

Documents

AG/S5/20/23 PARLIAMENTARY BUREAU AGENDA FOR MEETING …€¦ · AG/S5/20/23 PARLIAMENTARY BUREAU AGENDA FOR MEETING ON TUESDAY 23 JUNE 2020 12 noon: Committee Room 1 1. Minutes (a)