Presentation to the Macaulay Land Use Institute

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

2. 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?

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

4. Key points • 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

5. The Parliament 129 MSPs elected by the people Executive Agencies NDPBs Local authorities Parliament, 16 committees, questions from MSPs Accountability Ministers Scrutiny From largest party or coalition Ministers and civil servants

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

7. Committees • Membership of Committees • Role of Convener • Types of committee: • Mandatory • Subject • Ad hoc

8. Handling primary legislation in the Scottish Parliament • 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

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

10. After passing of a Bill • 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

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

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

13. 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

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

15. Rural Affairs and EnvironmentCommittee • Work already done • Flooding inquiry • Work in progress • Rural housing inquiry • Mini-inquiries (Eg Crown Estates management; ticks and tick-borne diseases)

16. Rural Affairs and EnvironmentCommittee • Future work • Flooding Bill • Food policy round table • Waste management • (Climate Change Bill) • Recurring issues • Subordinate legislation • CFP quota talks • Budget process • Petitions

17. Engaging with the RAE Committee’s work • 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

18. Engagement with the RAE Committee • 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

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

20. Written submissions • 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

21. What happens to my submission? • 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

22. Appearing beforea committee • 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

23. 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