Citizen Participation and Public Petitions Committee [Draft]
Meeting date: Wednesday, June 26, 2024
Official Report 626KB pdf
Contents
New Petitions
Alcohol Consumption (Under-18s) (PE2092)
That brings us to agenda item 3, which is consideration of new petitions. For those who are joining us online this morning, perhaps to hear their petition being considered, I say that, ahead of our consideration of a new petition, we always invite the Scottish Government and the Parliament’s independent research body, the Scottish Parliament information centre—SPICe—to give the committee an initial view on the petition. We do that because, before that was our standard practice, it would be the first thing that we decided to do on considering a petition, which simply added a degree of delay.
The first of our new petitions is PE2092, which seeks to change the law to prevent children between the ages of five and 17 from drinking alcohol in their home or in other private premises. The petition has been lodged by Jamie-Lee Dougal, and it calls on the Scottish Parliament to urge the Scottish Government to do exactly what I have just said. The petitioner notes that many adults in Scotland abuse alcohol and suggests that allowing children and young people to consume alcohol in the home or in private premises does not help to tackle those issues.
The SPICe briefing provides detail of existing legislation restricting the sale and supply of alcohol to persons under 18. Although there are no specific offences relating to allowing consumption of alcohol in the home by a child, an adult could be prosecuted, depending on the circumstances, on the grounds of child cruelty, under section 12 of the Children and Young Persons (Scotland) Act 1937.
In its response to the petition, the Scottish Government states that an alcohol-free childhood is the healthiest and best option and points to a downward trend in the number of young people who consume alcohol. It also notes that, where a child has misused alcohol, that could be grounds for a referral to the children’s hearings system. Given the wide range of law, duties on public bodies and national guidance in place to protect children from harm, the Government does not intend to take forward the specific ask in the petition, but it has stated that the issue will be kept under review to assess whether further legislative measures might be required in the future.
Do members have any comments or suggestions for action???
I think that we have progressed the petition as far as possible. I recommend that we close the petition under rule 15.7 of standing orders, on the basis that the Scottish Government does not intend to take forward the specific proposal contained in the petition at this time, given the wide range of law, duties on public bodies and national guidance that exists to protect children from harm, including that caused by alcohol.
Are colleagues content that we close the petition?
Members indicated agreement.
Scottish Ministerial Code (PE2093)
That brings us to PE2093, on the Scottish ministerial code. In summarising the petition, I may make reference to active cases about which we should be circumspect about making any further comment.
The petition, which was lodged by Benjamin Harrop, calls on the Scottish Parliament to urge the Scottish Government to review and update the Scottish ministerial code; to put the code under statute; to enable the independent advisers to initiate investigations; and, if the First Minister decides to go against the IAs’ advice, to ensure that a statement is provided to Parliament. The petition also calls for the code to set out the sanctions for breaches other than misleading Parliament and to allow IAs to make recommendations for changes to the code. It further calls for a renaming of the IA position to make it clear there is no judicial involvement and seeks to require ministers to make a public oath or commitment to abide by the code.
The petitioner believes that updating the ministerial code by making such changes would strengthen standards and improve public confidence.
Members will be aware that, as is noted in the SPICe briefing, new versions of the ministerial code can be issued at any time and that previous updates have been issued following Scottish Parliament elections and changes of First Minister.
In its response, the Scottish Government highlights the fact that the ministerial code was most recently updated in July 2023 to further strengthen transparency and propriety and states that there are no current plans to update the code during the remainder of this session of Parliament. It might be worth noting that the Scottish Government’s response was provided prior to John Swinney being appointed as First Minister.
We have also received two written submissions from the petitioner, which set out in more detail how he believes that the ministerial code should be updated to improve public trust and transparency when applying the code or investigating potential breaches of it.
Do members have any comments or suggestions for action???
I think that the committee should consider writing to the First Minister to highlight the petitioner’s submissions, to seek clarification on what consideration the First Minister has given to updating the ministerial code since taking office and to ask him to set out the process for appointing the independent advisers on the ministerial code, including whether any consideration is given to how long they should remain in post.
Are members content to keep the petition open and to write to the First Minister in the terms suggested by Mr Torrance?
Members indicated agreement.
Council Tax (PE2096)
That brings us to the last of today’s new petitions, PE2096, which was lodged by Eleanor Fraser. The petition calls on the Scottish Parliament to urge the Scottish Government to start a review of the council tax system to consider whether rates could be set per capita, rather than by property value.
In its response, the Scottish Government states that the Scottish ministers have pursued various means of identifying an alternative to the council tax system and highlights the work of the joint working group on sources of local government funding and council tax reform. The submission states that the group is progressing the second phase of its work, which focuses on longer-term reform.
Do members have any comments or suggestions for action??
In the light of the responses that we have had, I suggest that the committee considers closing the petition under rule 15.7 of standing orders, on the basis that the Scottish Government is undertaking work to consider long-term reform of local taxation, as set out in its 2021 programme for government.
Are colleagues content with that? I very much doubt that much can happen during this session of Parliament, even if work is being taken forward, because we have only 18 months of the session left to run. Nonetheless, the Government’s view is that it is still undertaking that work.
Are members content to close the petition?
Members indicated agreement.
That concludes the public part of our meeting. We will meet again after the summer recess.
We now move into private session.
10:01 Meeting continued in private until 10:29.Air ais
Continued Petitions