First Minister Outlines New Legislation
7th September 2010
Bills on Scottish Water and Double Jeopardy included in ambitious programme
First Minister Alex Salmond today set out the Scottish Government's priorities for the final year of the parliamentary term and beyond.
In a statement to the Scottish Parliament, the First Minister outlined a programme of legislative and non-legislative action to support businesses, families and communities through tough economic times and protect and improve vital public services.
The measures include a Water Bill to transform Scottish Water from a successful utility into one of the largest generators of renewable electricity in this land, and a Double Jeopardy Bill to overturn the centuries-old law which prevents a person from being tried twice for the same offence.
Mr Salmond also highlighted the urgent need to secure greater economic and financial powers for the Scottish Parliament so that Scotland is better-placed to boost revenues to invest in quality public services.
The First Minister said: "This programme builds on our significant achievements to date and sets a clear and ambitious course for the years ahead. We want Scottish Water to evolve from a successful utility into a dynamic water agency. If we give Scottish Water room to grow, then we have the makings of a great Scottish company, in public ownership. As Scottish Water expands its activities it will generate the additional revenue to become financially neutral to the Scottish Government's books.
"We are entrusting the management to build on their proven track record with a gradual expansion of functions, not to dilute their existing success, but to seize the growth opportunity in exploitation of the key commodity of the 21st century and beyond. So we will bring forward legislation to enable Scottish Water to play this role.
"Currently Scottish Water is the largest consumer of electrical power in Scotland. We intend to give it the power to instead become one of the largest generators of renewable electricity in this land.
"The Double Jeopardy Bill will reform the law to allow an acquitted person to be prosecuted again in certain clearly and carefully defined circumstances. This is an important change but its time has come. And the Forced Marriage Protection Bill will provide civil remedies for those at risk of forced marriages and victims of forced marriage.
"The Private Rented Housing Bill will tackle unscrupulous rogue landlords who operate outwith the law and make life a misery for tenants and their neighbours and tarnish the reputation of the many good private landlords in Scotland.
"And we will take our case for greater powers to the people. Now that we face an economic hurricane, never was the case for independence and financial responsibility more obvious and true. What Scotland truly needs is not a funding formula whether Barnett or Calman. Scotland needs control of its own resources and the ability to grow revenue rather than just expenditure. We need control over both sides of the Scottish balance sheet."
BACKGROUND
www.scotland.gov.uk/2010-11GovernmentProgramme
The annual Budget Bill provides parliamentary approval for the Scottish Government's spending plans, allowing the allocation of resources to our strategic objectives and supporting progress towards our vision of a more successful country, with opportunities for all of Scotland to flourish through increasing sustainable economic growth.
The Double Jeopardy Bill will reform the centuries-old law which prevents a person being tried twice for the same offence in Scotland. It will allow a person to be prosecuted again where a person has been acquitted of a serious offence and new evidence emerges that substantially strengthens the case against the accused, or where they have been acquitted and subsequently admit their guilt, or where the original trial was "tainted" by, for example, jury-rigging or intimidation.
Scottish Water is a success story. It demonstrates how a public ownership model can match and even exceed alternative ownership structures. We will act to build on the success of Scottish Water as a public company and ensure that it is a dynamic agency using its skills and expertise to develop commercial opportunities and to contribute to addressing some of the world's water issues. The Scottish Water Bill will facilitate this by giving Scottish Water greater flexibility to deliver this vision.
The Forced Marriage Protection Bill will provide civil remedies for those at risk of forced marriages or are victims of forced marriage. Currently, civil remedies are primarily prohibitive in nature and there are limitations on who can apply for them, who they can be applied to and how breach is dealt with. This Bill will fill these gaps and also provide much needed third party support to very vulnerable victims who in many cases feel unwilling or unable to take action against perpetrators who may be members of their family.
The Private Rented Housing Bill will tackle unscrupulous rogue landlords who operate outwith the law and make life a misery for tenants and their neighbours, destroy communities and tarnish the reputation of the many good private landlords in Scotland. The Bill builds upon the recommendations of the Scottish Private Rented Sector Strategy Group and other stakeholders, along with concerns raised by the Local Government and Communities Committee during the Stage One debate of the Housing Scotland Bill. It aims to improve the quality of service experienced by all consumers in the sector by making improvements to: the landlord registration regime; licensing of houses in multiple occupation (HMO); the tenancy regime; and overcrowding provisions.
The Health (Certification of Death) Bill will change the system of death certification in Scotland. It will remove current inconsistencies between how cremations and burials are processed and scrutinised and it will streamline procedures. The proposals will increase the quality and accuracy of medical death certificates, focusing on education and training including direct support to doctors. The effect will be to provide better public health information which will help ensure that public health resources can be directed where needed.
The Long Leases Bill will convert ultra-long leases into ownership, with appropriate compensation payable by tenants to landlords. This continues the reforms driven forward since devolution to create a comprehensive modern framework for Scottish property law.
The Electoral Administration Bill continues the process of improving independent electoral administration following the difficulties faced in the 2007 joint local government and Scottish Parliamentary elections. The Bill places the Electoral Management Board on a statutory footing for local government elections in Scotland. The Convener of the Board would be appointed by Scottish Ministers and would have a power of direction over local authority returning officers and, to a more limited extent, electoral registration officers. The Bill would also give the Electoral Commission statutory responsibilities in relation to Scottish local government elections. These would mirror the Commission's existing functions for other elections which include provision of advice and guidance to electoral professionals, candidates and parties, reporting on the administration of elections and public awareness campaigns.
The Public Records Bill aims to improve record keeping across the public sector by updating existing legislation and creating a modern framework that will better support public services. It will create better public services by improving accountability and transparency and strengthening governance. The Bill meets a key recommendation in the Shaw report on the abuse of looked-after children which found that poor record keeping by public authorities prevented former residents of care from understanding what had happened to them.
The Reservoir Safety Bill will enhance the safety of people, property and infrastructure by providing a proportionate, risk-based approach to reservoir safety in Scotland. Under the Reservoirs Act 1975, only those reservoirs holding at least 25,000 cubic metres of water are regulated. Some smaller reservoirs not caught by this Act have the potential to pose a risk from flooding to public safety. By adopting a more rigorous regime, based on the risk that individual reservoirs pose to public safety, communities downstream from reservoirs will become safer places to live.
