| |
CHAPTER
12:
COMMITTEE PROCEDURES
Rule 12.1 Conveners of committees
1.
Each committee shall have a convener who shall convene and chair the meetings of the committee.
2.
The Parliament shall decide, for each committee, on a motion of the Parliamentary Bureau-
(a) the political party whose members shall be eligible to be convener or, as the case may be, the deputy convener of the committee; or
(b) that the convener or, as the case may be, the deputy convener shall be chosen from the members not representing any political party.
3.
In making a proposal under paragraph 2, the Parliamentary Bureau shall have regard to the balance of political parties in the Parliament.
4.
At the first meeting of a committee after it is established by the Parliament, members of the committee shall choose a convener. That meeting shall be chaired until a convener is chosen by the oldest member of the committee who is present at the meeting. Once a convener is chosen, he or she shall take the chair.
5.
The convener of a committee shall be a member of that committee who shall be chosen in accordance with the decision of the Parliament under paragraph 2.
6.
The convener of a committee shall hold office for the duration of the committee unless-
(a) he or she resigns from that office by intimating his or her resignation to the Clerk;
(b) he or she is removed from that office by a decision taken by an absolute majority of the committee; or
(c) he or she ceases to be a member of the Parliament or of that committee otherwise than by virtue of a dissolution.
7.
Where the convener of a committee ceases to hold office, the committee shall choose another member of the committee to be the convener in accordance with the decision of the Parliament under paragraph 2. If it is not possible for the committee to choose a convener in accordance with that decision, the Parliament shall, on a motion of the Parliamentary Bureau, make a further decision under paragraph 2 in relation to the committee, and the choice of a convener in accordance with paragraph 5 shall proceed accordingly.
8.
Each committee shall have a deputy convener who shall be a member of that committee who is chosen by the members of that committee in accordance with the decision of the Parliament under paragraph 2. Paragraphs 6 and 7 shall apply to the deputy convener of a committee as they apply to the convener of a committee with such modifications as are appropriate.
9.
Where the convener is not available for any meeting of the committee, or leaves the chair for part of any meeting, that meeting, or that part of the meeting, shall be chaired by the deputy convener.
10.
Where the office of convener is vacant, a meeting of the committee shall be convened by the deputy convener and chaired by him or her until a convener is chosen. Where the offices of convener and deputy convener are both vacant, a meeting of the committee shall be convened and chaired by the oldest member of the committee present at that meeting and chaired by him or her until a convener is chosen.
11.
When the deputy convener or oldest member of the committee convenes or chairs a meeting of a committee he or she shall have all the functions of a convener under these Rules for the purposes of conducting the business of that meeting.
12.
This Rule is subject to any other Rule making express provision about conveners of committees.
Rule 12.2 Procedure in committee
1.
A committee shall not commence consideration of any business or vote if the number of committee members present (including the convener, or deputy convener if he or she is in the chair) is fewer than 3.
2.
Any member of the Parliament may attend any meeting, or part of a meeting, of any committee of which he or she is not a member which is held in public but he or she may participate in the proceedings of the committee only if invited to do so by the convener and may not vote.
3.
Where a committee is considering any of the business mentioned in Rule 6.2.2(b), (c) or (d), the following persons (if not members of the committee) shall be entitled to participate in the proceedings of the committee but may not vote, namely-
(a) the member of the Scottish Executive or junior Scottish Minister who has general responsibility for the matter with which the business is concerned; and
(b) in the case of a Member's Bill, the member in charge of the Bill.
Rule 12.3 Committee meetings
1.
A committee shall meet to consider such business on such days and at such times as it may from time to time decide, subject to any timetable specified in the business programme. The convener shall notify the Clerk and the Clerk shall notify members in the Business Bulletin of the agenda for each meeting.
2.
A committee shall meet in Scotland at such place as it may decide, with the approval of the Parliamentary Bureau.
3.
A committee meeting shall not be held at the same time as a meeting of the Parliament but may be held on any day whether a sitting day or not and whether within or outwith the normal Parliamentary week. Committee meetings shall not normally be held when the Parliament is in recess.
4.
Committee meetings shall be held in public except as mentioned in paragraph 5.
5.
All or part of a meeting of a committee may be held in private if the committee so decides. Any meeting at which a committee is considering any of the business mentioned in Rule 6.2.2(b), (c) or (d) shall be held in public except where, for the purpose of taking evidence, the committee decides that it is appropriate that the meeting, or part of the meeting, should be held in private.
Rule 12.4 Witnesses and documents
1.
A committee may, in connection with any competent matter, invite any person-
(a) to attend its proceedings for the purpose of giving evidence; or
(b) to produce documents in that person's custody or under that person's control,
and may exercise the power conferred upon the Parliament by section 23 (power to call for witnesses and documents) to require any person to do so but subject to and in accordance with the terms of sections 23 and 24 (notice provisions in relation to witnesses and documents).
2.
For the purposes of section 26(1), the convener of a committee may administer an oath or solemn affirmation to any person giving evidence in its proceedings and require that person to take an oath or make a solemn affirmation.
3.
The committee shall arrange for the Parliamentary corporation to pay to persons whom it requires, and may arrange for the Parliamentary corporation to pay to persons whom it invites to attend its proceedings to give evidence or to produce any documents, such allowances and expenses as may be determined by the Parliament.
Rule 12.5 Sub-committees
1.
A committee may establish one or more sub-committees with the approval of the Parliament on a motion of the Parliamentary Bureau.
2.
The remit of any sub-committee of a committee shall be such as is approved by the Parliament, on a motion of the Parliamentary Bureau, but shall not include any matter outwith the remit of that committee.
3.
The membership of any sub-committee shall be determined by the Parliament on a motion of the Parliamentary Bureau. The membership of a sub-committee of a committee shall be proposed by that committee to the Parliamentary Bureau. Normally only members of the committee may be members of a sub-committee of that committee but, if the committee so decides, members of other committees may be appointed as members of a sub-committee.
4.
In considering the membership of a sub-committee, the committee shall have regard to the balance of political parties in the Parliament.
5.
The convener of a sub-committee shall be a member of that sub-committee who shall be chosen by the members of the sub-committee.
6.
The duration of a sub-committee shall be determined by the Parliament on a motion of the Parliamentary Bureau.
7.
A sub-committee shall report to the committee which established it.
8.
Rules 6.3.5, 6.3.6, 12.1.7 to 12.1.10, 12.2 to 12.4 and 12.6 shall apply in relation to the establishment, procedure and meetings of a sub-committee as they apply in relation to committees with such modifications as are appropriate.
Rule 12.6 Reporters
1.
Any committee may appoint a committee member (referred to as "a reporter") to report to it upon any competent matter within such time limit as the committee may determine. A committee may appoint different reporters to report to it upon different competent matters.
Rule 12.7 Advisers
1.
A committee may, with the approval of the Parliamentary Bureau, issue directions to the Parliamentary corporation in connection with the appointment by the Parliamentary corporation of any person to inquire into and advise the committee or any sub-committee upon any competent matter. Different advisers may be appointed for different competent matters.
Rule 12.8 Reports of committees
1.
Where a committee is to report any matter to the Parliament or another committee, it shall do so by lodging the report with the Clerk.
2.
Where the report is addressed to the Parliament, the Clerk shall notify members that the report has been lodged. Where the report is addressed to another committee, the Clerk shall notify that committee that the report has been lodged.
3.
Any committee report lodged with the Clerk shall be published by the Clerk.
Rule 12.9 Annual reports
1.
Each committee shall, as soon as practicable after the end of each Parliamentary year, submit a report to the Parliament containing details of its activities during that Parliamentary year, including details of its meetings and the number of times the committee has met in private. In the case of the Parliamentary year ending on the dissolution of the Parliament before an ordinary general election, each committee shall submit such a report before the Parliament is dissolved.
Rule 12.10 Travelling outwith the United Kingdom
1.
A member of a committee who wishes to travel outwith the United Kingdom in connection with any competent matter which is before that committee shall require the prior approval of the Parliamentary Bureau.
CHAPTER
13:
STATEMENTS AND PARLIAMENTARY QUESTIONS
Rule 13.1 Personal statements
1.
Any member may, at the discretion of the Presiding Officer, make a personal statement to a meeting of the Parliament.
2.
A member wishing to make a personal statement shall notify the Presiding Officer that he or she wishes to do so.
3.
If the Presiding Officer decides that a personal statement may be made, he or she shall notify the Parliamentary Bureau who shall include notice of that statement in a business programme.
4.
Where a personal statement is made, it may not be debated.
Rule 13.2 Ministerial statements
1.
Where a member of the Scottish Executive or junior Scottish Minister wishes to make a statement to a meeting of the Parliament ("a ministerial statement"), notice shall be given to the Presiding Officer. The Presiding Officer shall then notify the Parliamentary Bureau who shall include notice of the ministerial statement in a business programme. A ministerial statement may be debated.
2.
Where a ministerial statement is of an urgent nature, the member of the Scottish Executive or junior Scottish Minister wishing to make the statement may, on giving notice of the statement to the Presiding Officer, request that it be made on that day. If the statement is, in the opinion of the Presiding Officer, sufficiently urgent, he or she shall allow the statement to be made and debated and shall make any necessary alteration to the daily business list. Members shall be notified that any such statement is to be made and of any subsequent alteration to the daily business list.
Rule 13.3 Questions to the Scottish Executive
1.
Any member may put a question to the Scottish Executive for answer in the Parliament.
2.
Questions shall be in writing and lodged with the Clerk.
3.
A question shall-
(a) be brief, clearly worded, and address specific points;
(b) relate to a matter for which the First Minister, the Scottish Ministers or the Scottish Law Officers have general responsibility;
(c) be in English;
(d) be prefaced by the name of the member asking it;
(e) not contain offensive language;
(f) not express a point of view; and
(g) not breach any enactment or rule of law or be contrary to the public interest.
4.
A question shall specify whether it is for oral answer ("an oral question") or for written answer ("a written question").
5.
A member may withdraw a question lodged by him or her at any time before it is answered by notifying the Clerk.
Rule 13.4 Admissibility of questions
1.
A question is admissible unless-
(a) it does not comply with the requirements of Rule 13.3.3; or
(b) the information sought has been provided in response to a similar question in the 6 months before the member seeks to lodge the question.
2.
Any dispute as to whether a question is admissible shall be determined by the Presiding Officer.
Rule 13.5 Written questions
1.
A written question concerning a matter for which the First Minister is alone responsible may be answered only by the First Minister. A written question concerning the operation of the systems of criminal prosecution and investigation of deaths in Scotland may be answered only by the Lord Advocate or the Solicitor General for Scotland. Other written questions may be answered by any member of the Scottish Executive.
2.
The answer to a written question shall be lodged with the Clerk. An answer shall be lodged normally within 14 days of the question being lodged.
3.
The Clerk shall publish all written questions in the Business Bulletin. An answer to a written question shall be published along with the question in the Official Report.
Rule 13.6 Oral questions
1.
Oral questions may be answered at Question Time or Open Question Time.
2.
Question Time shall be a period of up to 30 minutes each week (normally on Thursdays) at a meeting of the Parliament during which questions selected under paragraph 6 may be put to and answered by members of the Scottish Executive or junior Scottish Ministers.
3.
Open Question Time shall be a period of up to 15 minutes each week immediately following Question Time during which questions selected under paragraph 5 may be put to and answered by members of the Scottish Executive or junior Scottish Ministers.
4.
A member may lodge an oral question only on the eighth or ninth days before the Question Time at which he or she wishes the question to be answered. A question may be lodged at any time during the ninth day before Question Time but may be lodged only up to 14:00 during the eighth day before Question Time. A member may lodge only one question for answer at any Question Time.
5.
At the end of the eighth day before Question Time the Presiding Officer may select, from all admissible oral questions lodged on the eighth or ninth days before Question Time, up to 3 questions ("Open Questions") for answer at Open Question Time.
6.
After any Open Questions have been selected, the Clerk shall select, from the remaining admissible oral questions lodged on the eighth or ninth days before Question Time, questions for answer at Question Time. These questions shall be selected on a random basis.
7.
Notice of questions selected under paragraphs 5 and 6 shall be given to members in the Business Bulletin.
Rule 13.7 Question Time and Open Question Time
1.
An oral question concerning a matter for which the First Minister is alone responsible shall normally be answered by the First Minister but may exceptionally be answered by any other member of the Scottish Executive. An oral question concerning the operation of the systems of criminal prosecution and investigation of deaths in Scotland shall normally be answered by the Lord Advocate or the Solicitor General for Scotland but may exceptionally be answered by another member of the Scottish Executive. Other oral questions may be answered by any member of the Scottish Executive or a junior Scottish Minister.
2.
A question is taken at Question Time or Open Question Time when it is called by the Presiding Officer.
3.
Questions shall be taken in the order in which they are printed in the Business Bulletin.
4.
When a question is taken at Question Time or Open Question Time, it may be asked only by the member who lodged it.
5.
At Question Time, after a question is answered, the member who asked it may ask one supplementary question and may, at the discretion of the Presiding Officer, ask further supplementary questions.
6.
At Open Question Time, after a question is answered, any member may, at the discretion of the Presiding Officer, ask a supplementary question.
7.
A member asking a question shall, in asking the question, not depart from the terms of the question.
8.
A member may ask a supplementary question only on the same subject matter as the original question and shall, in asking the question, do so briefly.
9.
A question selected for answer at Question Time or Open Question Time but which is not taken shall be treated as a written question and shall be answered in accordance with Rule 13.5.
Rule 13.8 Emergency Questions
1.
Where an oral question is of an urgent nature the member lodging it may, if it is lodged by 10:00 on a day on which there is a meeting of the Parliament, request that it is answered that day, whether or not there is a period set aside for Question Time that day. The Clerk shall notify the Presiding Officer of the lodging of such a question as soon as possible after it is lodged. Such a question is referred to as "an emergency question".
2.
If an emergency question is, in the opinion of the Presiding Officer, sufficiently urgent, he or she shall allow the question to be put and answered at an appropriate point during the meeting of the Parliament and shall make any necessary alteration to the daily business list. Members shall be notified that any such question is to be put and of any subsequent alteration to the daily business list.
3.
An emergency question concerning a matter for which the First Minister is alone responsible shall normally be answered by the First Minister but may exceptionally be answered by any other member of the Scottish Executive. An emergency question concerning the operation of the systems of criminal prosecution and investigation of deaths in Scotland shall normally be answered by the Lord Advocate or the Solicitor General for Scotland but may exceptionally be answered by another member of the Scottish Executive. Other emergency questions may be answered by any member of the Scottish Executive or a junior Scottish Minister.
4.
When an emergency question is taken it may be asked only by the member who lodged it.
5.
After an emergency question is answered the member who asked it may ask one supplementary question and may, at the discretion of the Presiding Officer, ask further supplementary questions.
6.
A member asking an emergency question shall, in asking the question, not depart from the terms of the question. A member asking a supplementary question shall, in asking the question, do so briefly.
7.
A member may ask a supplementary question only on the same subject matter as the original question and shall, in asking the question, do so briefly.
Rule 13.9 Questions to Presiding Officer
1.
Any member may address a question on a matter concerning the Parliamentary corporation or the staff of the Parliament to the Presiding Officer. Such a question may be answered by any member of the Parliamentary corporation.
2.
A question addressed to the Presiding Officer under paragraph 1 shall normally be for written answer but may, exceptionally, be for oral answer.
3.
Rules 13.3 to 13.7 shall apply to questions to the Presiding Officer under paragraph 1 as they apply to questions to the Scottish Executive with such modifications as are appropriate.
CHAPTER
14:
LAYING AND PUBLICATION OF DOCUMENTS
Rule 14.1 Laying of reports and other documents
1.
Where, under an enactment or otherwise, a report or other document is required or authorised to be laid before the Scottish Parliament, the lodging of a copy of that report or document with the Clerk shall be treated for all purposes as being the laying of it before the Parliament.
2.
The Clerk may require the person laying the report or document to provide such additional copies as he or she considers necessary.
3.
A report or other document may be laid before the Parliament at any time when the office of the Clerk is open.
4.
No report or other document shall be laid before the Parliament unless it is required or authorised to be laid under an enactment or otherwise or it is laid by a member of the Scottish Executive.
5.
The Clerk shall ensure that notice of any report or other document laid before the Parliament is published in the Business Bulletin. The notice shall give the title of the report or document.
Rule 14.2 Laying of financial reports and documents
1.
Any documents laid before the Parliament containing outline proposals for public expenditure in any financial year other than the financial year beginning 1 April 2000 shall not be considered, except with the agreement of the Parliament, unless they are laid before the Parliament no later than the preceding 20 April.
2.
Any document laid before the Parliament setting out preliminary draft budgets of public expenditure in any financial year other than the financial year beginning on 1 April 2000 shall not be considered, except with the agreement of the Parliament, unless they are laid before the Parliament no later than the preceding 20 September.
Rule 14.3 Publication of documents
1.
Where, under these Rules, the Clerk is required to publish any document, he or she shall arrange for publication through the Parliamentary corporation.
2.
If the Parliament so decides, the Clerk shall publish any report or other document laid before the Parliament.
3.
In these Rules, "document" means anything in which information is recorded in any form.
Rule 14.4 Publication under the authority of the Parliament
1.
Any statement which is required or authorised to be published in pursuance of these Rules shall be published under the authority of the Parliament.
2.
In these Rules, "statement" has the same meaning as in the Defamation Act 1996[6].
CHAPTER
15:
OPENNESS AND ACCESSIBILITY
Rule 15.1 Meetings in public
1.
The meetings of the Parliament and, subject to Rule 12.3.5, of any committee or sub-committee shall be held in public.
2.
Paragraph 1 is subject to the conditions which require to be complied with by any member of the public attending the proceedings of the Parliament as mentioned in Rule 15.2.
Rule 15.2 Public access
1.
Members of the public shall be admitted to the public gallery during any meeting of the Parliament.
2.
Members of the public admitted to the public gallery during any meeting of the Parliament shall comply with such reasonable conditions as the Presiding Officer may determine and notify to them.
3.
The Presiding Officer may order that any member of the public who does not, in the opinion of the Presiding Officer, comply with any of those conditions shall leave the public gallery and may order that any such person be excluded from the proceedings of the Parliament for such period as the Presiding Officer considers appropriate.
4.
This Rule shall apply to meetings of committees as it applies to meetings of the Parliament with such modifications as are appropriate.
Rule 15.3 Access to chamber
1.
Subject to paragraph 2, no person other than a member may enter the chamber during a meeting of the Parliament except-
(a) the Lord Advocate or Solicitor General for Scotland (if not a member);
(b) a person authorised to do so by the Presiding Officer;
(c) a person addressing the Parliament in accordance with paragraph 5;
(d) any other person required, invited or permitted by the Parliament to attend a meeting of the Parliament; and
(e) the Clerk or any person authorised by him or her.
2.
If the person holding the office of Presiding Officer or deputy Presiding Officer as mentioned in section 19(2) is not a member of the Parliament, he or she may enter the chamber during a meeting of the Parliament but only for the purpose of chairing proceedings for the election of a new Presiding Officer.
3.
Any person mentioned in paragraph 1(b), (d) or (e) may be required to leave the chamber or prevented from entering the chamber by order of the Presiding Officer.
4.
Only a member, or the Lord Advocate or Solicitor General for Scotland (if not a member), may sit in any seat in the chamber which is reserved for members.
5.
Any person may, on the invitation of the Parliament, address the Parliament.
Rule 15.4 Bringing a petition
1.
The Parliament shall consider, in accordance with the provisions of this Rule and Rules 15.5 and 15.6, any petition addressed to it. A petition may be brought by an individual person, a body corporate or an unincorporated association of persons.
2.
A petition shall clearly indicate-
(a) the name of the petitioner;
(b) an address of the petitioner to which all communications concerning the petition should be sent; and
(c) the name and address of any person supporting the petition.
3.
All petitions shall be in English.
4.
The Public Petitions Committee shall determine the proper form of petitions and shall publish its determinations in such manner as it considers appropriate.
5.
A petition may be lodged with the Clerk, or sent to the Clerk by e-mail, on a sitting day. Petitions may be lodged or sent by the petitioner or by a member on behalf of the petitioner. When the Clerk receives a petition he or she shall send it as soon as practicable to the Committee.
Rule 15.5 Admissibility of petitions
1.
The Public Petitions Committee shall decide whether a petition is admissible.
2.
A petition is admissible unless-
(a) it does not comply with Rule 15.4.2 or 3, or is otherwise not in proper form;
(b) it contains language which, in the opinion of the Committee, is offensive; or
(c) it requests the Parliament to do anything which, in the opinion of the Committee, the Parliament clearly has no power to do.
3.
If a petition is inadmissible it shall be rejected by the Committee without further consideration. If the Committee decides that a petition is inadmissible it shall, as soon as practicable, notify the petitioner of its decision and of the reasons for that decision.
Rule 15.6 Action on a petition
1.
If a petition is admissible, the Public Petitions Committee shall consider the petition.
2.
When the Committee has considered the petition it may-
(a) refer the petition to the Scottish Ministers, any other committee of the Parliament or any other person or body for them to take such action as they consider appropriate;
(b) report to the Parliamentary Bureau or to the Parliament; or
(c) take any other action which the Committee considers appropriate.
3.
The petitioner shall be notified of the action taken by the Committee under paragraph 2.
Notes:
[6]
1996 c.31.back
| |
