Point of Order

– in the Scottish Parliament at 2:35 pm on 28 February 2007.

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Photo of Fergus Ewing Fergus Ewing Scottish National Party 2:35, 28 February 2007

On a point of order, Presiding Officer. I gave notice of this point of order yesterday evening. I understand that ministers are currently considering the business case that was submitted to them in respect of the Edinburgh trams scheme. Page 11 of the draft business case states:

"It is a fundamental assumption that TEL bus and tram will both participate in the national concessionary ticketing scheme."

The business case, therefore, assumes that revenue of 73.6p in the pound compensation would accrue to the tram operators and that 20 per cent of the passengers would be concessionary passengers. Therefore, a substantial proportion of the income to the trams—the revenue—would come from public money, under the concessionary travel scheme.

However, the concessionary travel scheme requires to be approved by Parliament and the existing scheme, which was approved by Parliament, applies not to trams but only to buses. Therefore, if the ministers approve the business case—and I am informed that a decision is imminent—they will be taking a decision on which Parliament should be consulted but on which Parliament has not been consulted. Indeed, if the minister makes the decision, a statutory instrument would require to be made under the Transport (Scotland) Act 2005 in order to extend the concessionary scheme. At the same time, the ministers have stated, in a parliamentary answer, that the scheme will be reviewed in a year or so. Therefore, if the business case for the trams is approved, it will rely on public money, the spending of which has not been approved by Parliament.

I seek your guidance in two respects, Presiding Officer. First, would it not be appropriate—and, indeed, necessary—for there to be a ministerial statement on this issue to make clear whether ministers are prepared to expend public money in a way in which Parliament does not approve? Secondly, is it not outwith the powers of the Scottish Executive to act in this way, as its actions would bypass Parliament on an issue on which Parliament should, clearly, be consulted?

Photo of George Reid George Reid None

I thank the member for giving me advance notice of his point of order. Although I have not had time to gain a detailed knowledge of the concessionary scheme and the business case to which the member has referred, my understanding is that parliamentary approval would have to be sought under the relevant legislation in order to extend the national scheme to trams.

Ministerial statements are a matter for the Scottish Executive, not for me. If you wish to pursue the point about a statement, Mr Ewing, I direct you to your business manager, Mr Morgan, who is sitting beside you and will be able to pursue the issue in the Parliamentary Bureau.