Aims of the School Meals (Scotland) Bill

Mike Dailly

THE LEGAL AND PARLIAMENTARY PROCESS

Policy aims

The Bill represents a "family-friendly" and "preventative public health policy", similar to the family health policies operating in Sweden and Finland.17 The main aims of the Bill are simple:

• to give all children the right to a free meal and drink of milk at schools under the management of local authorities in Scotland;

• to introduce minimum nutritional standards for free school meals; and

• to facilitate maximum take-up of healthy meals and milk.

The Scottish diet is the worst in Europe, and new thinking is required to address it. A universal system of free and nutritional school meals, with an accompanying drink of milk, is a European solution with a proven track record of success.18

Policy objectives are set out in a policy memorandum published as an accompanying document to the School Meals (Scotland) Bill ('the Bill'), in accordance with Rule 9.3.3A of the Parliament's Standing Orders.19

The School Meals (Scotland) Bill

Where any pupil attends a local authority-managed school, the Bill makes provision for a free nutritious meal to be provided to that pupil in the middle of the day. This obligation is placed upon all local authorities in Scotland. The Bill requires the Scottish Ministers to set nutritional standards in schools by defining the term "nutritious meal". These standards will be set out by regulations made under the Bill.

The Bill also empowers the Scottish Ministers to issue guidance to local authorities on the provision of other refreshments, which may be sold to pupils. Before regulations can be made or guidance issued, the Bill requires the Scottish Ministers to consult education authorities, Health Boards, school boards and such other persons as they consider appropriate.

The text of the Bill is reproduced below in bold, with explanatory notes in italic! 20

Provision of free school meals

This section amends section 53 of the 1980 Act to require local authorities to provide a nutritious meal, without charge, to all pupils at schools under their management. Subsection (2) amends section 53(1)(b) of the 1980 Act to require local authorities to provide Facilities without charge for the consumption of meals or other refreshments by pupils. The effect of subsection (3) is to replace section 53(3) and (3M) of the 1980 Act, and in so doing, introduce universal entitlement to free and nutritious school meals for all children at local authority-managed schools.

Subsection (4) amends section 53(3A) of the 1980 Act so that the provision of free and nutritious school meals does not extend to pupils in attendance at self-governing schools or independent (i.e. private) schools.

Subsection (5) introduces four new subsections to section 53 of the 1980 Act. It makes provision for the Scottish Ministers to set nutritional standards in local authority managed schools by way of regulations. The Bill requires such regulations to make provision for milk and water to accompany any nutritious meal provided for under section 1. Such regulations must also take account of the cultural, religious, special health and dietary needs of pupils and make allowance, as far as reasonably practicable, for pupils' dietary restrictions based on conscience (for example, pupils who are vegetarian on ethical grounds).

Before nutritional standards can be set by the Scottish Ministers, the Bill requires consultation with education authorities, Health Boards, school boards and such other persons as the Scottish Ministers consider appropriate. Subsection (5) gives the Scottish Ministers the discretion to issue guidance to local authorities with respect to the provision of other refreshments sold to pupils. Again, before guidance can be issued, the Scottish Ministers must undertake consultation with education authorities, Health Boards, school boards and such other persons as they consider appropriate.

Provision is made for section 1 of the Bill to come into force no later than 31 December 2003 (that is, after the 2003 Scottish Parliamentary elections), or such earlier date as the Scottish Ministers may appoint by way of statutory instrument.

Scottish Parliamentary procedure

Procedure in the Scottish Parliament is regulated by the Parliament's Standing Orders, as amended from time to time.21

Members of the Scottish Parliament (MSPs) are entitled to introduce two bills within the four-year session of the Parliament. In order to do so, they must publish a proposal within the Parliament's Business Bulletin.

If a proposal does not receive the support of 11 MSPs within one month, that proposal will fall.

The proposal for the School Meals (Scotland) Bill was lodged on 21 June 2001, and provides: 'A Bill to provide universally free and nutritious school meals for every child attending a local authority managed secondary; primary or special needs school".

The Bill's proposal was successful on 26 June 2001, when it received 12 supporters (including the Bill's cross-party MSP sponsors, Tommy Sheridan, John McAllion and Alex Neil). The 9 additional MSP supporters were: Dennis Canavan, Dorothy-Grace Elder, Lloyd Quinan, Donald Gorrie, Gil Paterson, Margo MacDonald, Sandra White, Robin Harper and Christine Grahame.

The School Meals (Scotland) Bill has now been published, together with accompanying Explanatory Notes, Financial Memorandum and Policy Memorandum.22 The Parliament's Business Bureau has allocated a lead committee in order for a Stage 1 inquiry and report to take place. This Bill has been allocated to the Education, Culture and Sport Committee as lead committee. Other relevant parliamentary committees can be involved in the Stage 1 inquiry, if the Bureau agrees. This Bill will also be scrutinised by the Health and Community Care Committee and the Social Justice Committee. As the Bill makes provision for secondary legislation, the Subordinate Legislation Committee will also consider it. The Stage 1 process allows the Parliament's committees to take a wide range of written and oral evidence on the Bill, and represents an accessible and effective form of public consultation.

Following completion of the Stage 1 inquiry, the lead committee will publish its report, with a recommendation to the Parliament, to either support or reject the general principles of the Bill. The Stage 1 report forms the basis of a debate before the full Parliament, with MSPs being asked to vote for, or against the general principles of the Bill.

If the Bill's general principles are agreed to, on a simple majority vote, the Bill returns to the lead committee for detailed line by line Stage 2 scrutiny. MSPs have an opportunity to amend the Bill at this stage, although "wrecking amendments" are now inadmissible.23 Only "relevant" amendments can be considered at Stage 2, in other words, amendments that are within the general scope of the Bill.24

Following Stage 2, the Bill returns to the full chamber of the Parliament for Stage 3 consideration. At this stage, MSPs are invited to vote on a motion to pass the Bill as agreed to. Amendments can still be lodged at Stage 3, although as noted, there is now a prohibition on "wrecking amendments".

Rule 9.12 of the Parliament's Standing Orders prescribes the circumstances in which a Financial Resolution is required. A Financial resolution is a motion for parliament to agree expenditure to be incurred on the Scottish Consolidated Fund. Only the Scottish Executive can lodge and move a Financial Resolution, and ultimately it is for the Presiding Officer to decide whether the School Meals (Scotland) Bill will require a Resolution after Stage 1. Where the likely effect of a Bill is to incur "significant expenditure" on the Scottish Consolidated Fund then the Presiding Officer may decide that a Financial Resolution is necessary. Where a Financial Resolution is required, a Bill cannot proceed to Stage 2 without a Financial Resolution being agreed to by the Parliament.

17 Paragraphs 15-18 et. seq., of the Policy Memorandum to the School Meals (Scotland) Bill

18 Paragraphs 17-18 of the Policy Memorandum, cited supra.

19 The Bill and accompanying documents are published in Scotland on behalf of the Scottish Parliament by the Stationary Office Ltd. Download at: http://www.scottish.parliament.uk/parl_bus/legis.html. The Bill and accompanying documents were drafted by the author, in consultation with CPAG in Scotland's Advisory Group, with the invaluable assistance of the Scottish Parliament's Legislation Team.

20 Explanatory notes are published with the School Meals (Scotland) Bill as an accompanying document (although they do not form part of the Bill and have not been endorsed by the Parliament).

21 The Standing Orders of the Scottish Parliament made in accordance with section 22 of and Schedule 3 to the Scotland Act 1998. As at date of publication, the latest revised Standing Orders were made on 16 June 2001. See: http://www.scottish.parliament.uk/parl_bus/sto-c.htm

22 Available from The Stationary Office Bookshop, 71 Lothian Road, Edinburgh, EH3 9AZ (telephone 0870 606 5566, fax 0870 60655 88); and at http://www.scottish.parliament.uk/parl_bus/legis.html

23 See rule 9.10.5(c) of the Parliament's Standing Orders. 24 See rule 9.10.5(b) of the Parliament's Standing Orders.

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