Chapter 3: The role of the Scottish Parliament in encouraging public participation in the Scottish political decision-making process
Many Scots do not draw fine distinctions between the government of Scotland, the Scottish Executive, and the Scottish Parliament. As the two key political institutions of Scottish political life, both are crucial to encouraging participation and trust in the political process. The Scottish Parliament shares the Executive's commitment to being open and in touch and the way in which it has been structured to pursue these aims is worth examination.
Values of the Scottish Parliament
The rules of the Scottish Parliament - Standing Orders - are based on four key principles:
- the Scottish Parliament should embody and reflect the sharing of power between the people of Scotland, the legislators and the Scottish Executive;
- the Scottish Executive should be accountable to the Scottish Parliament and the Parliament and Executive should be accountable to the people of Scotland;
- the Scottish Parliament should be accessible, open, responsive, and develop procedures which make possible a participative approach to the development, consideration and scrutiny of policy and legislation;
- the Scottish Parliament, in its operation and its appointments, should recognise the need to promote equal opportunities for all.
These principles were drawn up by the Consultative Steering Group on the Scottish Parliament, a widely-drawn group whose report states that the principles:
"…aim to provide an open, accessible and, above all, participative Parliament, which will take a proactive approach to engaging with the Scottish people - in particular those groups traditionally excluded from the democratic process. To achieve this, the Scottish Parliament must avoid adopting procedures which are obscure or archaic. It should adopt procedures and practices that people will understand, that will engage their interest, and that will encourage them to obtain information and exchange views."
In developing its structures and procedures, therefore, the Scottish Parliament has developed a number of ways to foster and encourage citizen participation and to engage with people from across Scotland in the course of parliamentary business. These methods have particularly sought to encourage engagement with those groups traditionally excluded from political life.
The Scottish Parliament's response to the White Paper on Communication details some of these methods and can be found at: http://www.scottish.parliament.uk/business/committees/europe/reports-06/eur06-wp-response.htm
Of particular interest are the sections dealing with some of the innovative ways in which the Scottish Parliament has:
- held Committee meetings across Scotland;
- held special events aimed at engaging with the public;
- pioneered Web site/e-democracy developments;
- launched and run Holyrood.tv.
In addition the White Paper response also covers the methods by which the Scottish Parliament supports Parliamentary business in ways that are also aimed at facilitating public participation. One area of particular success has been the Public Petitions Committee, which recently received its 1000th petition.
Case Study - Public Petitions Committee
The Public Petitions Committee ( PPC) is a mandatory committee of the Scottish Parliament and it provides members of the public with the ability to petition the Scottish Parliament on issues within its remit.
Members of the public can use the petitioning system to ask the Committee to take a view on an issue, or seek an amendment to legislation. Petitions must be submitted according to the guidance on submitting a petition and criteria must be met before consideration by the Committee. On occasion, the Committee will take oral evidence from the petitioners to inform its consideration.
The petitions system offers one of the best ways for people to become involved in the political process and its structure embodies the principles on which the parliament is built. There is no minimum number of signatures, one person can submit a petition. A petition, if it meets the admissibility criteria, will automatically be placed on the Committee's agenda; the petitioner may give oral evidence and will have the opportunity to comment on responses received by the Committee. The dedicated Petitions Committee primarily acts on a non-party basis. Guidance is available on making a petition and officials will assist in explaining the process if required. The process is open and transparent, with all meetings in public and the progress of petitions tracked on the Committee's web pages. Standing Orders state that when a petition is closed, the petitioner must be informed with a written explanation.
Petitions submitted to the Parliament can have positive outcomes that lead to change, or inform debate. For example, they can:
- lead to a change in the law. A petition by a local action group prompted a change in legislation to outlaw the spreading of untreated organic waste, and recommendations that the investigation of public health concerns in relation to such matters should involve the public and be more transparent;
- be considered as part of wider reviews or inquiries. During the first Parliamentary session, a number of petitions were examined as part of wider committee reviews on local government finance; the Scottish fishing industry; school infrastructure; employment patterns in rural Scotland; sea cage fish farming; and a range of health and justice issues;
- initiate parliamentary debates. Petitions have prompted debates on the campaign for a Borders rail link; public consultations by health boards and NHS Trusts; genetic modification science; and the environmental aspects of organic waste spreading;
- prompt action from the Scottish Executive and other public bodies. A petition led to the establishment of a fast track court to speed up the compensation process for asbestosis victims;
- inform the scrutiny of legislation. Petitions have previously informed committees' scrutiny of legislation, such as the Land Reform (Scotland) Bill, Criminal Justice (Scotland) Bill, and Designation Order for the Cairngorms and Loch Lomond and the Trossachs National Park;
- result in changes to regulations and guidance. Petitions prompted the Scottish Executive to introduce regulations to extend planning controls to all new mobile phone and other telecommunications masts.
An example is PE609 which was raised by the North-East Eating Disorders Group. This petition which called for appropriate treatment and resources for those suffering from eating disorders to be provided across Scotland was referred to the Health Committee following initial work by the PPC. The Health Committee conducted an inquiry on the issues raised by the petition and in its report expressed "its appreciation to the petitioner for bringing this important issue to its attention." 3 The report included a number of recommendations to which the Deputy Minister for Health responded positively.
The PPC also uses an e-petitioning system, allowing users of the web to support current petitions as well as add comments and receive feedback from the petitioner. Petitioners have the option, when submitting a petition to the committee clerks, to have the petition posted first on the e-petitioning website for 4-6 weeks to gather additional support and comment. Following this period, the petitioner has the option to withdraw the petition or to submit it formally to the Committee for consideration. The system has also attracted interest from other parliaments and legislatures across the globe and the German Bundestag has recently introduced a pilot of the system following close co-operation with the Scottish Parliament.