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Journal of Parliamentary Proceedings Sessions 1 & 2

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No. 1 Wednesday 16 May 2001

The meeting opened at 2.30 pm.

1.      Time for Reflection: Sister Maire Gallagher, Convener of Action of Churches Together in Scotland, led Time for Reflection.

2.      Architecture and the Built Environment: The Deputy Minister for Sport and Culture (Allan Wilson) moved S1M-1929—That the Parliament acknowledges the social, cultural, environmental and economic benefits that good architecture and a well designed built environment can bring to Scotland and further acknowledges the benefits of a national policy on architecture.

After debate, the motion was agreed to (DT).

3.      Suspension of Standing Orders: Mr Tom McCabe, on behalf of the Parliamentary Bureau, moved S1M-1936—That the Parliament agrees that Rule 9.5.3B is suspended for the purpose of taking Stage 3 of the Regulation of Care (Scotland) Bill.

The motion was agreed to (DT).

4.      Decision Time: The Parliament took decisions on items 2 and 3 as noted above.

5.      Rural and Islands GPs: The Parliament debated S1M-1897 in the name of Tavish Scott—That the Parliament notes the particular pressures relating to the delivery of primary health care in rural, remote and island areas of Scotland; supports the work of the Remote and Rural Resource Centre based at Raigmore Hospital in Inverness, encourages consideration of the particular challenges of recruitment and retention of GPs in areas such as Shetland given the high on-call commitment made by GPs in small rural practices, recognises the importance of equity in the remuneration of GPs and encourages the further development of proposals to assist in their recruitment and retention in rural, remote and island areas.

The meeting closed at 5.52 pm.

No. 2 Thursday 17 May 2001

The meeting opened at 9.30 am.

1.      Special Educational Needs: Irene McGugan, on behalf of the Education, Culture and Sport Committee, moved S1M-1931—That the Parliament notes the 3rd Report 2001 of the Education, Culture and Sport Committee, Report on Inquiry into Special Educational Needs (SP Paper 264).

After debate, the motion was agreed to (DT).

2.      Suspension of Standing Orders: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1940—That the Parliament agrees that Rule 5.6.1(c) of the Standing Orders be suspended for the duration of the Meeting of the Parliament on Wednesday 23 May 2001.

The motion was agreed to.

3.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1939—That the Parliament agrees the following programme of business—

Wednesday 23 May 2001

2.30 pm                        Time for Reflection

followed by                    Parliamentary Bureau Motions

followed by                    Standards Committee Debate on a Proposal for a Committee Bill to Establish a Standards Commissioner

followed by                    Members' Business - debate on the subject of S1M-1935 Nora Radcliffe: Maternity Services in Gordon

followed by                    Members' Business - debate on the subject of S1M-1926 Duncan McNeil: Local Newspaper Week, 14 to 20 May 2001

5.00 pm                        Decision Time

Thursday 24 May 2001

9.30 am                        Scottish National Party Business

followed by                    Parliamentary Bureau Motions

followed by                    Business Motion

2.30 pm                        Question Time

3.10 pm                        First Minister's Question Time

3.30 pm                        Ministerial Statement

5.00 pm                        Decision Time

followed by                    Members' Business - debate on the subject of S1M-1921 Kay Ullrich: School Swimming Lessons

Wednesday 30 May 2001

2.30 pm                        Time for Reflection

followed by                    Parliamentary Bureau Motions

followed by                    Stage 3 Debate on the Convention Rights (Compliance) (Scotland) Bill

5.00 pm                        Decision Time

followed by                    Members' Business - debate on the subject of S1M-1927 Des McNulty: Chester Street Insurance Holdings Ltd

Thursday 31 May 2001

9.30 am                        Parliamentary Bureau Motions

followed by                    Stage 3 Debate on Regulation of Care (Scotland) Bill

followed by                    Business Motion

2.30 pm                        Question Time

3.10 pm                        First Minister's Question Time

3.30 pm                        Continuation of Stage 3 Debate on Regulation of Care (Scotland) Bill

5.00 pm                        Decision Time

followed by                    Members' Business - debate on the subject of S1M-1932 David McLetchie: Proposed Cuts to The Scottish Regiments

The motion was agreed to.

4.      Question Time: Questions were answered by the First Minister and other Ministers and junior Scottish Ministers.

5.      Scottish Local Authorities (Tendering) Bill – Stage 1: The Deputy Minister for Finance and Local Government (Peter Peacock) moved S1M-1843—That the Parliament agrees to the general principles of the Scottish Local Authorities (Tendering) Bill.

Mr Keith Harding moved amendment S1M-1843.1 to motion S1M-1843—

Leave out from “agrees” to end and insert—

“does not agree to the general principles of the Scottish Local Authorities (Tendering) Bill because it believes that the Executive should give priority to the drafting of a Bill on Best Value so that it can be placed before the Parliament before the end of this year, and therefore calls upon the Executive to make an early announcement of its proposals, together with a timetable, for the publication of a draft bill to introduce a statutory framework for Best Value.”

After debate, the amendment was disagreed to ((DT) by division: For 14, Against 80, Abstentions 0).
The motion was then agreed to ((DT) by division: For 81, Against 13, Abstentions 0).

6.      Approval of SSIs: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1933—That the Parliament agrees that the following instruments be approved—

the draft Justices of the Peace (Tribunal) (Scotland) Regulations 2001;
the draft Part-Time Sheriffs (Removal Tribunal) Regulations 2001; and
the draft Sex Offenders (Notice Requirements) (Foreign Travel) (Scotland) Regulations 2001. 

The motion was agreed to (DT).

7.      Motion without notice: Mr Tom McCabe, on behalf of the Parliamentary Bureau, moved without notice that, under Rule 11.2.4, Decision Time be taken at 4.44 pm.

The motion was agreed to.

8.      Decision Time: The Parliament took decisions on items 1, 5 and 6 as noted above.

9.      National Breastfeeding Awareness Week: The Parliament debated S1M-1859 in the name of Elaine Smith—That the Parliament notes the importance of National Breastfeeding Awareness Week from 13-19 May 2001; recognises that breastfeeding is the best form of nutrition for babies and is good for mothers’ health too; notes with concern that the Guthrie Statistics from 1999 indicate that the two main hospitals serving constituents from Coatbridge and Chryston had the lowest percentage of breastfeeding mothers in Scotland, and believes that a national campaign is required to increase public acceptance that “breast is best” in an attempt to change attitudes to mothers breastfeeding in public places and encourage more mothers to breast-feed their babies.

The meeting closed at 5.35 pm.

No. 3 Wednesday 23 May 2001

The meeting opened at 2.30 pm.

1.      Time for Reflection: The Reverend Alan G M Paterson, United Reformed Church, East Kilbride, led Time for Reflection.

2.      Designation of Lead Committees: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1955—That the Parliament agrees the following designations of Lead Committee—

the Justice 1 Committee to consider the European Communities (Service of Judicial and Extrajudicial Documents) (Scotland) Regulations 2001 (SSI 2001/172); and
the Justice 2 Committee to consider the Sex Offenders (Notification Requirements) (Prescribed Police Stations) (Scotland) Regulations 2001 (SSI 2001/173). 

The motion was agreed to (DT).

3.      Proposal for a Committee Bill to Establish a Standards Commissioner:  Mr Mike Rumbles, on behalf of the Standards Committee, moved S1M-1901—That the Parliament agrees to the proposal for a Committee Bill under Rule 9.15 contained in the Standards Committee’s 2nd Report 2001, Proposals for a Standards Commissioner Committee Bill (SP Paper 312).

After debate, the motion was agreed to (DT).

4.      Motion without notice: Euan Robson, on behalf of the Parliamentary Bureau, moved without notice that, under Rule 11.2.4, Decision Time be taken at 2.59 pm.

The motion was agreed to.

5.      Decision Time: The Parliament took decisions on items 2 and 3 as noted above.

6.      Maternity Services in Gordon: The Parliament debated S1M-1935 in the name of Nora Radcliffe—That the Parliament notes that under-use has been cited as the reason for a proposal to close the midwife-led maternity unit at Insch and District War Memorial Hospital and further notes that a recent local campaign making mothers-to-be aware of the option of local delivery increased the number of women choosing to be delivered there; recognises that there are legitimate local concerns that the midwife-led maternity unit which is to be retained at the Jubilee Hospital in Huntly, the next town, will also find itself under threat of closure in the future unless women are encouraged to use it, and therefore urges local GPs, Grampian Primary Care NHS Health Trust, and Grampian Health Board in consultation with the Scottish Executive to do much more to raise the status of midwives and make better use of their skills, to reverse the trend to ‘over-medicalise’ childbirth  and to promote the attitude that birth is a natural process and should be treated as such.

7.      Local Newspaper Week, 14 – 20 May 2001: The Parliament debated S1M-1926 in the name of Mr Duncan McNeil—That the Parliament welcomes Local Newspaper Week; recognises that local newspapers play a crucial role in their communities and can act as a focal point of community life; acknowledges that they provide valuable services such as scrutiny of local elected representatives and the championing of local causes; further acknowledges that they are a window on our communities and give us a unique opportunity to present all that is positive within our areas to a wider audience, and notes that the Greenock Telegraph is a fine example of these roles.

The meeting closed at 4.16 pm.

No. 4 Thursday 24 May 2001

The meeting opened at 9.30 am.

1.      Justice: Roseanna Cunningham moved S1M-1958—That the Parliament notes with concern the developing crisis in the administration of Scotland’s justice system; recognises that public confidence in the criminal justice system is being eroded by the system’s inability to deal with the current level of prosecutions, and asserts that urgent action must now be taken to ensure that resourcing levels are assessed and addressed if this crisis is not to deepen.

The Deputy Minister for Justice (Iain Gray) moved amendment S1M-1958.1 to motion S1M-1958—

Leave out from “with concern” to end and insert—

“the increased resources going into the justice system as a whole; further notes the decision of the Justice 2 Committee to hold an inquiry into the operation of the Crown Office and the Procurator Fiscal Service, and looks forward to their report.”

After debate, the amendment was agreed to ((DT) by division: For 55, Against 35, Abstentions 1).

The motion as amended was then agreed to ((DT) by division: For 55, Against 10, Abstentions 26).

Accordingly, the Parliament resolved—That the Parliament notes the increased resources going into the justice system as a whole; further notes the decision of the Justice 2 Committee to hold an inquiry into the operation of the Crown Office and the Procurator Fiscal Service, and looks forward to their report.

2.      Education: Michael Russell moved S1M-1957—That the Parliament notes Labour’s failure to meet its 1997 and 1999 manifesto pledges with regard to class sizes in the early primary years and the failure of the Executive to meet the same targets, as set in its first programme for government; further notes the examples of good practice that indicate a direct correlation between class sizes substantially smaller than the Executive’s target and higher sustained levels of attainment; recognises also the clear results from programmes of class reduction that show the particularly strong effect which class sizes of 18 or less have on children suffering from social exclusion, and therefore calls upon the Executive to follow the SNP’s lead and work much harder to achieve real and meaningful reductions in class sizes in the early primary years, setting 18 as the maximum figure.

The Minister for Education, Europe and External Affairs (Mr Jack McConnell) moved amendment S1M-1957.1 to motion S1M-1957—

Leave out from first “notes” to end and insert—

“continues to support the framework for school improvement which it put in place in the Standards in Schools etc. Act 2000 and recognises that to achieve the highest possible standard for each and every pupil investment must be made across the whole of a child’s education, providing a quality experience in pre-school for every 3 and 4-year-old child, effective early intervention to ensure a good foundation in literacy and numeracy, support for all children with special educational needs, a modern, well-resourced school environment and a highly motivated, professional teaching staff.”

Mr Brian Monteith moved amendment S1M-1957.2 to motion S1M-1957—

Leave out from ”further notes” to end and insert—

“believes that there is no uniform homogenous educational system that can provide the right type of education for every child and that such a dogmatic approach should be replaced with a liberal and diverse system which provides specialisation by schools and more choice for parents; further believes that class size is only one aspect of educational provision which may help to improve standards in Scotland’s schools, and considers that greater devolution of decision making to teachers and parents should be the goal of the Scottish Executive.”

After debate, amendment S1M-1957.1 to motion S1M-1957 was agreed to ((DT) by division: For 55, Against 36, Abstentions 0). As a result, amendment S1M-1957.2 was pre-empted.

The motion as amended was then agreed to ((DT) by division: For 79, Against 16, Abstentions 1).

Accordingly, the Parliament resolved—That the Parliament continues to support the framework for school improvement which it put in place in the Standards in Schools etc. Act 2000 and recognises that to achieve the highest possible standard for each and every pupil investment must be made across the whole of a child’s education, providing a quality experience in pre-school for every 3 and 4-year-old child, effective early intervention to ensure a good foundation in literacy and numeracy, support for all children with special educational needs, a modern, well-resourced school environment and a highly motivated, professional teaching staff.

3.      Suspension of Standing Orders: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1962—That the Parliament agrees that Rules 9.5.3B and 9.7.9 of the Standing Orders be suspended on Wednesday 6 June 2001 for the purposes of the Scottish Local Authorities (Tendering) Bill. 

The motion was agreed to.

4.      Committee of the Whole Parliament: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1961—That the Parliament agrees that, in accordance with Rule 9.7.1(b) of the Standing Orders, Stage 2 of the Scottish Local Authorities (Tendering) Bill be taken in whole by a Committee of the Whole Parliament and directs that any vote to be taken shall be conducted using the electronic voting system.

The motion was agreed to.

5.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1956—That the Parliament agrees—

(a) the following programme of business:

Wednesday 30 May 2001

2.30 pm                        Time for Reflection

followed by                    Parliamentary Bureau Motions

followed by                    Stage 3 Debate on the Convention Rights (Compliance) (Scotland) Bill

5.00 pm                        Decision Time

followed by                    Members' Business - debate on the subject of S1M-1927 Des McNulty: Chester Street Insurance Holdings Ltd

Thursday 31 May 2001

9.30 am                        Parliamentary Bureau Motions

followed by                    Stage 3 Debate on the Regulation of Care (Scotland) Bill

followed by                    Business Motion

2.30 pm                        Question Time

3.10 pm                        First Minister's Question Time

3.30 pm                        Continuation of Stage 3 Debate on the Regulation of Care (Scotland) Bill

5.00 pm                        Decision Time

followed by                    Members' Business - debate on the subject of S1M-1932 David McLetchie: Proposed Cuts to the Scottish Regiments

Wednesday 6 June 2001

2.30 pm                        Time for Reflection

followed by                    Parliamentary Bureau Motions

followed by                    Business Motion

followed by                    Committee of the Whole Parliament: Stage 2 Debate on the Scottish Local Authorities (Tendering) Bill

followed by                    Stage 3 Debate on the Scottish Local Authorities (Tendering) Bill

followed by, no              
later than 4.00 pm          Question Time

followed by, no
later than 4.40 pm          First Minister's Question Time

5.00 pm                        Decision Time

followed by                    Members' Business - debate on the subject of S1M-1867 Dorothy-Grace Elder: “Freedom from Pain” Campaign

and (b) that the Justice 1 Committee reports to the Justice 2 Committee by 28 May 2001 on the Sex Offenders (Notification Requirements) (Prescribed Police Stations) (Scotland) Regulations 2001 (SSI 2001/173) and that the Justice 2 Committee reports to the Justice 1 Committee by 28 May 2001 on the European Communities (Service of Judicial and Extrajudicial Documents) (Scotland) Regulations 2001 (SSI 2001/172).

The motion was agreed to.

6.      Question Time: Questions were answered by the First Minister and other Ministers and junior Scottish Ministers.

7.      Ministerial Statement: The Minister for Environment and Rural Development (Ross Finnie) made a statement on the foot-and-mouth disease outbreak.

8.      Motion without notice: Mr Tom McCabe, on behalf of the Parliamentary Bureau, moved without notice that motion S1M-1966 be taken at this meeting of the Parliament.

The motion was agreed to.

9.      Decision Time: Mr Tom McCabe, on behalf of the Parliamentary Bureau, moved S1M-1966—That the Parliament agrees under Rule 11.2.4 of the Standing Orders that Decision Time on Thursday 24 May 2001 shall begin at 16.43 pm.

The motion was agreed to.

10.       Decision Time: The Parliament took decisions on items 1 and 2 as noted above.

11.    School Swimming Lessons: The Parliament debated S1M-1921 in the name of Kay Ullrich—That the Parliament notes the report compiled by Scottish Swimming, which highlights that almost 50% of local authorities in Scotland no longer provide school swimming lessons; acknowledges that this coincides with the report from the Royal Society for the Prevention of Accidents which records an increase in the number of children in Scotland who die as a result of drowning; recognises that the withdrawal of local authority provided school swimming lessons has a greater impact on children from less well off backgrounds, and calls on the Scottish Executive to encourage local authorities to ensure that every pupil has access to at least one publicly funded course of swimming lessons prior to leaving primary school.

The meeting closed at 5.26 pm.

No. 5 Wednesday 30 May 2001

The meeting opened at 2.30 pm.

1.      Time for Reflection: Dr Alex Reid, Parliamentary Officer for the Baha’i Council for Scotland, led Time for Reflection.

2.      Convention Rights (Compliance) (Scotland) Bill Business Motion: Tricia Marwick, on behalf of the Parliamentary Bureau, moved S1M-1977—That the Parliament agrees that the time for consideration of Stage 3 of the Convention Rights (Compliance) (Scotland) Bill be allocated as follows, so that debate on each part of the proceedings, if not previously brought to a conclusion, shall be brought to a conclusion on the expiry of the specified period (calculated from the time when Stage 3 begins)—

            Group 1 to Group 3 – no later than 50 minutes
            Group 4 to Group 8 – no later than 1 hour 20 minutes
            Group 9 to Group 15 – no later than 2 hours
           
            Motion to pass the Bill – no later than 2 hours 30 minutes.

The motion was agreed to.

3.      Designation of Lead Committee: Tricia Marwick, on behalf of the Parliamentary Bureau, moved S1M-1973—That the Parliament agrees the following designation of Lead Committee—

the Justice 2 Committee to consider the Sex Offenders (Notification Requirements) (Prescribed Police Stations) (Scotland) (No.2) Regulations 2001 (SSI 2001/190).

The motion was agreed to (DT).

4.      Convention Rights (Compliance) (Scotland) Bill – Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 1, 14, 15, 2, 17, 18, 19, 20, 21, 41, 3, 4, 5, 6, 22, 23, 24, 25, 26, 27, 28, 7, 8, 29, 9, 30, 31, 32, 33, 34, 35, 36, 37, 11, 12, 38, 13, 39.

The following amendments were agreed to (by division)—

            16        (For 65, Against 14, Abstentions 0)
            40        (For 67, Against 14, Abstentions 0)

The following amendments were disagreed to (by division)—

            44        (For 14, Against 63, Abstentions 0)
            46        (For 19, Against 62, Abstentions 0)

Amendment 43 was moved and, with the agreement of the Parliament, withdrawn.

5.      Convention Rights (Compliance) (Scotland) Bill – Stage 3: The Deputy First Minister and Minister for Justice (Mr Jim Wallace) moved S1M-1941—That the Parliament agrees that the Convention Rights (Compliance) (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 59, Against 1, Abstentions 12).

6.      Motion without notice: Euan Robson, on behalf of the Parliamentary Bureau, moved without notice that S1M-1980 be taken at this meeting of the Parliament.

The motion was agreed to.

7.      Decision Time: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1980—That the Parliament agrees under Rule 11.2.4 of the Standing Orders that Decision Time on Wednesday 30 May 2001 shall begin at 4.33 pm.

The motion was agreed to.

8.      Decision Time: The Parliament took decisions on items 3 and 5 as noted above.

9.      Chester Street Insurance Holdings Ltd.: The Parliament debated S1M-1927 in the name of Des McNulty—That the Parliament welcomes the successful outcome of the campaign at Westminster led by Clydebank MP Tony Worthington on behalf of asbestos disease sufferers affected by the collapse of Chester Street Insurance Holdings Ltd; congratulates Chancellor Gordon Brown and Scottish Secretary Helen Liddell on their role in hammering out a deal between Her Majesty’s Treasury and the insurance companies to ensure that compensation is paid; notes that asbestos-related disease has led to more than 1,800 deaths in Scotland since 1997, and believes that the Scottish Executive can assist in preventing further distress to sufferers and their families by doing everything within its power to ensure that legal actions relating to compensation claims are not subject to delays in the Scottish courts.

The meeting closed at 5.04 pm.

No. 6 Thursday 31 May 2001

The meeting opened at 9.30 am.

1.      Regulation of Care (Scotland) Bill — Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1979—That the Parliament agrees that the time for consideration of Stage 3 of the Regulation of Care (Scotland) Bill be allocated as follows, so that debate on each part of the proceedings, if not previously brought to a conclusion, shall be brought to a conclusion on the expiry of the specified period (calculated from the time when Stage 3 begins)—

          Group 1 to Group 4 – no later than 45 minutes
          Group 5 to Group 10 – no later than 1 hour 45 minutes
          Group 11 to Group 13 – no later than 2 hours 30 minutes
          Group 14 to Group 16 – no later than 3 hours
          Motion to pass the Bill – no later than 3 hours 30 minutes

The motion was agreed to.

2.      Regulation of Care (Scotland) Bill — Suspension of Standing Orders: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1975—That the Parliament agrees that Rule 5.6.1(c) of the Standing Orders be suspended for the duration of the Meeting of the Parliament on Wednesday 13 June 2001.

The motion was agreed to.

3.      Housing (Scotland) Bill - Order of Consideration: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1974—That the Parliament agrees that amendments at Stage 3 of the Housing (Scotland) Bill be disposed of by reference to the following order of consideration: sections in the order in which they arise in the Bill, each schedule after the sections which introduce it, and the long title last.

The motion was agreed to.

4.      Regulation of Care (Scotland) Bill – Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 78, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 79, 65, 66, 67, 68 and 69.

Amendment 34 was agreed to (by division: For 53, Against 40, Abstentions 0).

Amendment 76 was disagreed to (by division: For 37, Against 54, Abstentions 0).

The following amendments were moved and, with the agreement of the Parliament, withdrawn: 72, 75.

Other amendments were not moved.

5.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1972—That the Parliament agrees

(a) the following programme of business:

Wednesday 6 June 2001

2.30 pm                        Time for Reflection

followed by                    Parliamentary Bureau Motions

followed by                    Business Motion

followed by                    Committee of the Whole Parliament: Stage 2 Debate on the Scottish Local Authorities (Tendering) Bill

followed by                    Stage 3 Debate on the Scottish Local Authorities (Tendering) Bill

followed by, no
later than 4.00 pm          Question Time

followed by, no
later than 4.40 pm          First Minister's Question Time

5.00 pm                        Decision Time

followed by                    Members' Business - debate on the subject of S1M-1783 Brian Adam: Prescription Charge Exemption for Severe and Enduring Mental Illness

Wednesday 13 June 2001

9.30 am                        Time for Reflection

followed by                    Parliamentary Bureau Motions

followed by                    Stage 3 Debate on the Housing (Scotland) Bill

2.30 pm                        Continuation of Stage 3 Debate on the Housing (Scotland) Bill

7.00 pm                        Decision Time

Thursday 14 June 2001

9.30 am                        Parliamentary Bureau Motions

followed by                    Executive Business

followed by                    Business Motion

2.30 pm                        Question Time

3.10 pm                        First Minister's Question Time

3.30 pm                        Executive Business

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members' Business

and (b) that the Justice 1 Committee reports to the Justice 2 Committee by 11 June 2001 on the Sex Offenders (Notification Requirements) (Prescribed Police Stations) (Scotland) (No.2) Regulations 2001 (SSI 2001/190)

The motion was agreed to.

6.      Question Time: Questions were answered by the First Minister and other Ministers and junior Scottish Ministers.

7.      Regulation of Care (Scotland) Bill – Stage 3: The Minister for Health and Community Care (Susan Deacon) moved S1M-1965—That the Parliament agrees that the Regulation of Care (Scotland) Bill be passed.

After debate, the motion was agreed to (DT).

8.      Motion without notice: Euan Robson, on behalf of the Parliamentary Bureau, moved without notice that S1M-1982 be taken at this meeting of the Parliament.

The motion was agreed to.

9.      Decision Time: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1982—That the Parliament agrees under Rule 11.2.4 of the Standing Orders that Decision Time on Thursday 31 May 2001 shall begin at 4.08 pm.

The motion was agreed to.

10.    Decision Time: The Parliament took a decision on item 7 as noted above.

11.    Proposed Cuts to the Scottish Regiments: The Parliament debated S1M-1932 in the name of David McLetchie—That the Parliament believes that the proposed substantial cuts to the size of both the regular army and the Territorial Army will undermine the efficiency and morale of the British armed forces, damage our military capability and threaten the future of Scotland’s historic frontline regiments.

The meeting closed at 4.50 pm.

No. 7 Wednesday 6 June 2001

The meeting opened at 2.30 pm.

1.      Time for Reflection: Professor William Storrar, Director, Centre for Theology and Public Issues, University of Edinburgh, led Time for Reflection.

2.      Scottish Local Authorities (Tendering) Bill – Business  Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1991—That the Parliament agrees that, on Wednesday 6 June, the meeting of the Committee of the Whole Parliament to take Stage 2 of the Scottish Local Authorities (Tendering) Bill should begin immediately the first meeting of the Parliament that day has closed and end no later than 3.30 pm, and that at the second meeting of the Parliament, consideration of Stage 3 of the Bill should end by 4.00 pm. 

The motion was agreed to.

3.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1990—That the Parliament agrees that the Local Government Committee is designated as Lead Committee in consideration of the Police and Fire Services (Finance) (Scotland) Bill and that the Bill should also be considered by the Finance Committee, the Justice 1 Committee and the Justice 2 Committee.

The motion was agreed to (DT).

4.      Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1989—That the Parliament agrees that the Local Government Finance (Scotland) (No.2) Order 2001 be approved.

The motion was agreed to (DT).

5.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1993—That the Parliament agrees the following programme of business—

Wednesday 13 June 2001

9.30 am                        Time for Reflection

followed by                    Oath Taking

followed by                    Parliamentary Bureau Motions

followed by                    Stage 3 Debate on the Housing (Scotland) Bill

2.30 pm                        Continuation of Stage 3 Debate on the Housing (Scotland) Bill

followed by                    Parliamentary Bureau Motions

7.00 pm                        Decision Time

Thursday 14 June 2001

9.30 am                        Parliamentary Bureau Motions

followed by                    Executive Business

followed by                    Procedures Committee Debate on its Reports on Written Parliamentary Questions and Changes to Standing Orders

followed by                    Business Motion

2.30 pm                        Question Time

3.10 pm                        First Minister's Question Time

3.30 pm                        Executive Business

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members' Business – debate on the subject of S1M-1937 Cathy Jamieson: Adult Learners’ Week

Wednesday 20 June 2001

2.30 pm                        Time for Reflection

followed by                    Parliamentary Bureau Motions

followed by                    Stage 3 Debate on the Mortgage Rights (Scotland) Bill

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members' Business

Thursday 21 June 2001

9.30 am                        Scottish National Party Business

followed by                    Business Motion

2.30 pm                        Question Time

3.10 pm                        First Minister's Question Time

3.30 pm                        Executive Business

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members’ Business

The motion was agreed to.

The meeting closed at 2.36 pm.

A second meeting opened at 2.38 pm.

6.      Scottish Local Authorities (Tendering) Bill – Stage 3: The Deputy Minister for Finance and Local Government (Peter Peacock) moved S1M-1981—That the Parliament agrees that the Scottish Local Authorities (Tendering) Bill be passed.

After debate, the motion was agreed to (DT).

7.      Question Time: Questions were answered by the First Minister and other Ministers and junior Scottish Ministers.

8.      Motion without notice: Euan Robson, on behalf of the Parliamentary Bureau, moved without notice that S1M-1995 be taken at this meeting of the Parliament.

The motion was agreed to.

9.      Decision Time: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1995—That the Parliament agrees under Rule 11.2.4 of the Standing Orders that Decision Time on Wednesday 6 June 2001 shall begin at 3.48 pm.

The motion was agreed to.

10.    Decision Time: The Parliament took decisions on items 3, 4 and 6 as noted above.

11.    Prescription Charge Exemption for Severe and Enduring Mental Illness: The Parliament debated S1M-1783 in the name of Brian Adam—That the Parliament welcomes Mental Health Week in the second week in April; notes the omission of severe and enduring mental illness from the scope of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1974; expresses concern at the incidence of suicide amongst high-risk groups identified in the Mental Welfare Commission Annual Report 1999-2000, and agrees with the conclusion of the Millan report that essential medication for chronic mental conditions is fundamental to successful care in the community.

The meeting closed at 4.15 pm.

Committee of the Whole Parliament

No.7A Wednesday 6 June 2001

The meeting opened at 2.36 pm.

1. Scottish Local Authorities (Tendering) Bill – Stage 2: The Bill was considered at Stage 2.

Sections 1 and 2 and the long title were agreed to without amendment.

The meeting closed at 2.38 pm.

No. 8 Wednesday 13 June 2001

The meeting opened at 9.30 am.

1.      Time for Reflection: The Reverend Kenneth D. Macleod, Minister of the Free Presbyterian Church of Scotland, Leverburgh, Isle of Harris, led Time for Reflection.

2.      Oaths and Affirmations: The following members took the oath of allegiance before the Clerk—

Brian Fitzpatrick
Stewart Stevenson

3.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-2003—That the Parliament agrees the following revisions to the Business Motion agreed on 6 June 2001—
 
Wednesday 13 June 2001

after ‘Stage 3 Debate on the Housing (Scotland) Bill’, delete

‘2.30 pm                        Continuation of Stage 3 Debate on the Housing (Scotland) Bill’ and insert:

‘2.00 pm                        Continuation of Stage 3 Debate on the Housing (Scotland) Bill’

Thursday 14 June 2001

delete all for that day and insert:

‘9.30 am                        Stage 1 Debate on the International Criminal Court (Scotland) Bill

followed by                     Financial Resolution in respect of the International Criminal Court (Scotland) Bill

followed by                     Procedures Committee Debate on its Reports on Written Parliamentary Questions and Changes to Standing Orders

followed by                    Business Motion

2.30 pm                        Question Time

3.10 pm                        First Minister's Question Time

3.30 pm                        European Committee Debate on its Report on the Common
                                    Fisheries Policy

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members' Business - debate on the subject of S1M-1937 Cathy Jamieson: Adult Learners’ Week’

The motion was agreed to.

4.      Housing (Scotland) Bill – Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-2008—That the Parliament agrees that the time for consideration of Stage 3 of the Housing (Scotland) Bill be allocated as follows, so that debate on each part of the proceedings, if not previously brought to a conclusion, shall be brought to a conclusion on the expiry of the specified period (calculated from the time when Stage 3 begins and excluding any periods when the meeting is suspended)—

          Group 1 to Group 6 – no later than 1 hour 30 minutes
          Group 7 to Group 10 – no later than 2 hours 30 minutes
          Group 11 to Group 15 – no later than 4 hours
          Group 16 to Group 24 – no later than 6 hours
          Group 25 to Group 32 – no later than 7 hours
          Motion to pass the Bill – no later than 7 hours 30 minutes

The motion was agreed to.

5.      Housing (Scotland) Bill – Stage 3: The Bill was considered at Stage 3:

The following amendments were agreed to without division: 14, 15, 22, 23, 24, 25, 26, 28, 29, 30, 36, 37, 153, 40, 42, 43, 151, 45, 46, 48, 49, 50, 51, 62, 66, 69, 70, 71, 72, 74, 83, 84, 85, 95, 96, 97, 98, 99 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 198, 129, 130, 131, 134, 175, 135, 139, 189, 147, 148, 149.

The following amendments were agreed to by division—

          27          (For 66, Against 44, Abstentions 1)
          59          (For 68, Against 27, Abstentions 2)
                                               
The following amendments were disagreed to (by division)—

          20          (For 32, Against 70, Abstentions 0)
          21          (For 33, Against 80, Abstentions 0)
          2            (For 31, Against 79, Abstentions 1)
          4            (For 33, Against 80, Abstentions 0)
          5            (For 31, Against 81, Abstentions 1)
          6            (For 30, Against 83, Abstentions 1)
          7            (For 44, Against 67, Abstentions 2)
          32          (For 30, Against 81, Abstentions 0)
          35          (For 2, Against 109, Abstentions 0)
          38          (For 17, Against 93, Abstentions 0)
          39          (For 2, Against 105, Abstentions 0)
          154        (For 31, Against 80, Abstentions 0)
          44          (For 31, Against 81, Abstentions 1)
          47          (For 31, Against 82, Abstentions 0)
          194        (For 4, Against 109, Abstentions 0)
          52          (For 30, Against 79, Abstentions 0)
          53          (For 2, Against 105, Abstentions 1)
          155        (For 2, Against 93,   Abstentions 0)
          67          (For 2, Against 102, Abstentions 0)
          73          (For 31, Against 80, Abstentions 0)
          75          (For 17, Against 98, Abstentions 0)
          9            (For 35, Against 84, Abstentions 1)
          81          (For 50, Against 68, Abstentions 1)
          157        (For 35, Against 82, Abstentions 0)
          158        (For 34, Against 85, Abstentions 0)
          159        (For 33, Against 86, Abstentions 0)
          160        (For 35, Against 84, Abstentions 0)
          162        (For 35, Against 86, Abstentions 0)
          164        (For 34, Against 83, Abstentions 0)
          166        (For 34, Against 86, Abstentions 0)
          168        (For 34, Against 86, Abstentions 0)
          89          (For 35, Against 85, Abstentions 0)
          90          (For 33, Against 83, Abstentions 0)
          91          (For 34, Against 83, Abstentions 0)
          170        (For 35, Against 84, Abstentions 0)
          127        (For 35, Against 86, Abstentions 1)
          128        (For 32, Against 85, Abstentions 2)
          196        (For 33, Against 85, Abstentions 2)
          197        (For 33, Against 86, Abstentions 2)
          200        (For 36, Against 84, Abstentions 0)
          172        (For 36, Against 83, Abstentions 1)
          173        (For 37, Against 83, Abstentions 0)
          201        (For 36, Against 83, Abstentions 0)
          202        (For 36, Against 82, Abstentions 0)
          174        (For 34, Against 85, Abstentions 1)
          137        (For 34, Against 84, Abstentions 1)
          176        (For 31, Against 81, Abstentions 2)
          179        (For 33, Against 82, Abstentions 0)
          180        (For 48, Against 67, Abstentions 0)
          181        (For 46, Against 66, Abstentions 0)
          182        (For 48, Against 67, Abstentions 0)
          183        (For 49, Against 68, Abstentions 0)
          184        (For 49, Against 67, Abstentions 0)
          10          (For 34, Against 82, Abstentions 0)
          140        (For 34, Against 83, Abstentions 0)
          141        (For 34, Against 83, Abstentions 0)
          11          (For 34, Against 83, Abstentions 0)
          142        (For 2, Against 114, Abstentions 0)
          143        (For 3, Against 110, Abstentions 0)
          144        (For 34, Against 83, Abstentions 0)
          185        (For 50, Against 67, Abstentions 1)
          187        (For 51, Against 67, Abstentions 0)
          188        (For 51, Against 66, Abstentions 0)
          12          (For 51, Against 67, Abstentions 0)
          146        (For 34, Against 83, Abstentions 1)
          190        (For 35, Against 82, Abstentions 0)

Amendment 199 was moved and, with the agreement of the Parliament, withdrawn.

Other amendments were not moved or were pre-empted.

6.      Housing (Scotland) Bill – Stage 3: The Minister for Social Justice (Jackie Baillie) moved S1M-2000—That the Parliament agrees that the Housing (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 114, Against 1, Abstentions 0).

7.      Decision Time: The Parliament took a decision on item 6 as noted above.

The meeting closed at 7.22 pm.

No.9 Thursday 14 June 2001

The meeting opened at 9.30 am.

1.      International Criminal Court (Scotland) Bill – Stage 1: The Deputy First Minister and Minister for Justice (Mr Jim Wallace) moved S1M-1838—That the Parliament agrees to the general principles of the International Criminal Court (Scotland) Bill.

After debate, the motion was agreed to (DT).

2.      International Criminal Court (Scotland) Bill – Financial Resolution: The Deputy Minister for Finance and Local Government (Peter Peacock) moved S1M-1833—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the International Criminal Court (Scotland) Bill, agrees to the expenditure payable out of the Scottish Consolidated Fund of the expenses of the Scottish Ministers in consequence of the Act.

The motion was agreed to (DT).

3.      Written Parliamentary Questions and Changes to Standing Orders: Mr Murray Tosh, on behalf of the Procedures Committee, moved S1M-2002—That the Parliament accepts

(a) the terms of the 2nd Report, 2001 of the Procedures Committee, Report into the Volume of Written Parliamentary Questions and the Scottish Executive’s Speed of Response, and Related Matters (SP Paper 346); agrees to amend the Standing Orders in terms of the amendment set out in Annexe F to the Report, and agrees that this amendment should come into force on 15 June 2001; and

(b) the terms of the 3rd Report, 2001 of the Procedures Committee, Changes to the Standing Orders of the Parliament (SP Paper 347); agrees to amend the Standing Orders in terms of the amendments set out in Annexe A to the Report, and agrees that these amendments should come into force on 15 June 2001.

After debate, the motion was agreed to (DT).

4.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-2004—That the Parliament agrees the following programme of business—

Wednesday 20 June 2001

2.30 pm                        Time for Reflection

followed by                    Parliamentary Bureau Motions

followed by                    Stage 3 Debate on the Mortgage Rights (Scotland) Bill

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members' Business - debate on the subject of S1M-1976 Karen Whitefield: National Carers’ Week: 11-17 June 2001

Thursday 21 June 2001

9.30 am                        Scottish National Party Business

followed by                    Ministerial Statement

followed by                    Business Motion

2.30 pm                        Question Time

3.10 pm                        First Minister's Question Time

3.30 pm                        Debate on Holyrood Project

followed by                    Motion on Members’ Allowances

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members' Business - debate on the subject of S1M-1959 Donald Gorrie: Young Carers

Wednesday 27 June 2001

2.30 pm                        Time for Reflection

followed by                    Ministerial Statement

followed by                    Executive Business

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members' Business - debate on the subject of S1M-1740 Michael Matheson: Lung Disease in Scotland

Thursday 28 June 2001

9.30 am                        Committee Business

followed by                    Ministerial Statement

followed by                    Business Motion

2.30 pm                        Question Time

3.10 pm                        First Minister's Question Time

3.30 pm                        Executive Business

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members' Business - debate on the subject of S1M-1970 Miss Annabel Goldie: Endometriosis

The motion was agreed to.

5.      Question Time: Questions were answered by the First Minister and other Ministers and junior Scottish Ministers.

6.      Reform of the Common Fisheries Policy: Hugh Henry, on behalf of the European Committee, moved S1M-2006—That the Parliament notes the 3rd Report, 2001 of the European Committee, Reforming the Common Fisheries Policy: A Blueprint for Negotiations (SP Paper 330) and commends the Report’s recommendations to the Scottish Executive.

After debate, the motion was agreed to (DT).

7.      Approval of SSIs: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-2005—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (Scotland) Order 2001 (SSI 2001/195) be approved.

The motion was agreed to (DT).

8.      Decision Time: The Parliament took decisions on items 1, 2, 3, 6 and 7 as noted above.

9.      Adult Learners’ Week: The Parliament debated S1M-1937 in the name of Cathy Jamieson—That the Parliament recognises Adult Learners’ Week between 12 and 18 May 2001; supports the goal of making lifelong learning a central theme of working life; commends the work done by the trade union movement in promoting learning and training opportunities in the workplace, and asks the Scottish Executive to continue with its work in creating a culture of lifelong learning among the people of Scotland.

The meeting closed at 5.37 pm.

No.10 Wednesday 20 June 2001

The meeting opened at 2.41 pm.

1.      Time for Reflection: The Right Reverend John A Mone, Bishop of Paisley, led Time for Reflection.

2.      Mortgage Rights (Scotland) Bill – Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-2025—That the Parliament agrees that, at Stage 3 of the Mortgage Rights (Scotland) Bill, debate on each part of the proceedings shall be brought to a conclusion by the time limits indicated (each time limit being calculated from when Stage 3 begins and excluding any periods when the meeting is suspended)—

          Group 1 and Group 2 – no later than 1 hour
          Group 3 and Group 4 – no later than 1 hour 55 minutes
          Motion to pass the Bill – no later than 2 hours and 25 minutes

The motion was agreed to.

3.      Mortgage Rights (Scotland) Bill – Stage 3:  The Bill was considered at Stage 3.

The following amendments were agreed to without division: 4, 6, 7, 8, 9.

The following amendments were agreed to by division—

          1          (For 68, Against 16, Abstentions 23)
          2          (For 72, Against 20, Abstentions 19)
          3          (For 90, Against 3,   Abstentions 18)
          5          (For 90, Against 3,   Abstentions 20)

The following amendments were disagreed to (by division)—

          10          (For 41, Against 73, Abstentions 0)
          11          (For 38, Against 77, Abstentions 0)
                       
4.      Mortgage Rights (Scotland) Bill – Stage 3: Cathie Craigie moved S1M-2007—That the Parliament agrees that the Mortgage Rights (Scotland) Bill be passed.

After debate, the motion was agreed to (DT).

5.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-2029—That the Parliament agrees the following designation of Lead Committee—

the Justice 2 Committee to consider the Gaming Act (Variation of Fees) (No.2) (Scotland) Order 2001 (SSI 2001/230).

The motion was agreed to (DT).

6.      Motion without notice: Euan Robson, on behalf of the Parliamentary Bureau, moved without notice that S1M-2032 be taken at this meeting of the Parliament.

The motion was agreed to.

7.      Decision Time: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-2032—That the Parliament agrees under Rule 11.2.4 of the Standing Orders that Decision Time on Wednesday 20 June 2001 shall begin at 4.32 pm.

The motion was agreed to.

8.      Decision Time: The Parliament took decisions on items 4 and 5 as noted above.

9.      National Carers Week, 11-17 June 2001: The Parliament debated S1M-1976 in the name of Karen Whitefield—That the Parliament pledges its support to National Carers’ Week from 11 to 17 June 2001; acknowledges the huge contribution which carers make to society as the mainstay of care in the community; welcomes the publication of the report from the Scottish Carers’ Legislation Working Group and the ongoing consultation by the Scottish Executive on proposals for carers’ legislation; notes with concern the findings in the Carers’ National Association Scotland research document You can take him home now on carers’ experience of hospital discharge, and urges the Scottish Executive to consider the findings of that document during the formulation of its next Programme for Government and to work with health boards and organisations throughout Scotland to implement the recommendations made in the report and the research document. 

The meeting closed at 5.22 pm.

No.11 Thursday 21 June 2001

The meeting opened at 9.30 am.

1.      Scotland’s Place in the World: Mr John Swinney moved S1M-2030—That the Parliament welcomes the political declaration by the governments of Bavaria, Catalonia, North Rhine-Westphalia, Salzburg, Scotland, Wallonia and Flanders on the future of the European Union, signed by the First Minister on 28 May 2001; calls upon the Scottish Executive to ensure that any future European or other international agreements signed by the First Minister are carried out with greater transparency and involvement of the Parliament, and recognises that such initiatives are important steps towards Scotland becoming an independent country in the European Union, engaging fully in the community of nations.

The Minister for Education, Europe and External Affairs (Mr Jack McConnell) moved amendment S1M-2030.2 to motion S1M-2030—

Leave out from “calls upon” to end and insert—

“recognises that such initiatives play a part in Scotland enjoying profile and influence in Europe and the rest of the world as a dynamic country within the United Kingdom, and firmly rejects the view that Scotland can only achieve international prominence by separating itself from the United Kingdom.”

After debate, the amendment was agreed to ((DT) by division: For 67, Against 52, Abstentions 0).

Ben Wallace moved amendment S1M-2030.1 to motion S1M-2030—

Leave out from “welcomes” to end and insert—

“expresses its concern at the signing by the First Minister of the political declaration by the constitutional regions of Bavaria, Catalonia, North Rhine-Westphalia, Salzburg, Scotland, Wallonia and Flanders without prior consultation with or intimation to the Parliament; notes that the content of the declaration contradicts Her Majesty’s Government’s policy and undermines the sovereignty of the United Kingdom, and further affirms that Scotland’s position is best represented within the union that is the United Kingdom, which brings economic, social and cultural benefits to the people.”

After debate, the amendment was disagreed to ((DT) by division: For 18, Against 102, Abstentions 0).

The motion as amended was then agreed to ((DT) by division: For 69, Against 50, Abstentions 0).

Accordingly, the Parliament resolved—That the Parliament welcomes the political declaration by the governments of Bavaria, Catalonia, North Rhine-Westphalia, Salzburg, Scotland, Wallonia and Flanders on the future of the European Union, signed by the First Minister on 28 May 2001; recognises that such initiatives play a part in Scotland enjoying profile and influence in Europe and the rest of the world as a dynamic country within the United Kingdom, and firmly rejects the view that Scotland can only achieve international prominence by separating itself from the United Kingdom.

2.      Central Heating for Elderly People: Fiona Hyslop moved S1M-2023—That the Parliament notes the introduction of a national central heating installation programme announced by the Scottish Executive on 19 September 2000; welcomes the principle of the programme, but expresses regret that the original amount of money announced to be invested in the programme was exaggerated, that those living in public housing in proposed stock transfer areas have been barred from participation, that the definition of eligibility to take part has been drawn too tightly and that those with old, ineffective, broken or partial heating systems have been excluded; believes that the Scottish Executive should come forward with an accurate appraisal of the investment available for the programme and new eligibility criteria which expand the range of people able to participate, and further believes that the programme should include those living in the public sector in proposed stock transfer areas and those with old, ineffective, broken or partial heating systems.

The Minister for Social Justice (Jackie Baillie) moved amendment S1M-2023.2 to motion S1M-2023—

Leave out from “notes” to end and insert—

“commends the Scottish Executive for its commitment to ensuring that all elderly households and all households in the social rented sector in Scotland have central heating by April 2005, one year earlier than anticipated, for the proposed extension of the scheme currently under consideration, for the investment it has already made through the Warm Deal in providing insulation to 80,000 homes occupied by vulnerable households, for the provisions within the Housing (Scotland) Bill which extend the scope of the improvement grant system to include energy efficiency measures, for the provisions within the Housing (Scotland) Bill which require Scottish Ministers and local authorities to set out what they will do to address fuel poverty and for the investment in local authority and housing association property to improve housing quality.”

Bill Aitken moved amendment S1M-2023.1 to motion S1M-2023—

Leave out from “that those living” to end.

After debate, amendment S1M-2023.2 was agreed to ((DT) by division: For 67, Against 52, Abstentions 1). As a result, amendment S1M-2023.1 was pre-empted.

The motion as amended was then agreed to ((DT) by division For 67, Against 23, Abstentions 30).

Accordingly, the Parliament resolved—That the Parliament commends the Scottish Executive for its commitment to ensuring that all elderly households and all households in the social rented sector in Scotland have central heating by April 2005, one year earlier than anticipated, for the proposed extension of the scheme currently under consideration, for the investment it has already made through the Warm Deal in providing insulation to 80,000 homes occupied by vulnerable households, for the provisions within the Housing (Scotland) Bill which extend the scope of the improvement grant system to include energy efficiency measures, for the provisions within the Housing (Scotland) Bill which require Scottish Ministers and local authorities to set out what they will do to address fuel poverty and for the investment in local authority and housing association property to improve housing quality.

3.      Ministerial Statement: The Minister for Finance and Local Government (Angus Mackay) made a statement on Modernising Government: Non-Departmental Public Bodies.

4.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-2026—That the Parliament agrees:

(a) the following programme of business—

Wednesday 27 June 2001

2.30 pm                        Time for Reflection

followed by                    Ministerial Statement

followed by                    Executive Debate on Serious Violent and Sexual Offenders

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members' Business - debate on the subject of S1M-1740 Michael Matheson: Lung Disease in Scotland

Thursday 28 June 2001

9.30 am                        Stage 1 Debate on the Protection from Abuse (Scotland) Bill

followed by                    Finance Committee Debate on the 2002/2003 Budget Process

followed by                    Ministerial Statement

followed by                    Business Motion

2.30 pm                        Question Time

3.10 pm                        First Minister's Question Time

3.30 pm                        Executive Debate on the New Opportunities Fund

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members' Business - debate on the subject of S1M-1970 Annabel Goldie: Endometriosis

and (b) that the Justice 1 Committee reports to the Justice 2 Committee by 25 June 2001 on the Gaming Act (Variation of Fees) (No.2) (Scotland) Order 2001 (SSI 2001/23.

The motion was agreed to.

5.      Question Time: Questions were answered by the First Minister and other Ministers and junior Scottish Ministers.

6.      Holyrood Project: Des McNulty, on behalf of the Scottish Parliamentary Corporate Body, moved S1M-2012—That the Parliament notes the terms of the Scottish Parliamentary Corporate Body’s (SPCB) report of 13 June 2001; notes that £60 million of the construction costs for the new Parliament building has been committed to date and that a further £57 million (at 1998 prices) remains to be let; further notes that building industry inflation is currently estimated to be adding at least 16% to the costs of packages remaining to be let and that under the construction management contract there are additional and not fully quantifiable risks to which the project may be exposed between now and completion; directs the SPCB, through the Holyrood Progress Group, to work with the design and project teams to complete the project without compromising quality, while managing risks rigorously, and requires the SPCB, on a quarterly basis, to provide information to the Parliament’s Finance Committee on the progress of the project in respect of inflation and materialisation of risk in order to inform the committee’s consideration of the annual Budget Bill.

Michael Russell moved amendment S1M-2012.3 to motion S1M-2012—

After “rigorously” insert –

“calls on the Scottish Executive to work with the SPCB to agree a financial plan for the completion of the project which has no adverse implications for revenue expenditure on public services in Scotland and which recognises that the project must be funded through normal procedures for major capital works, for example through borrowing at government rates; further demands that the Scottish Executive appoint a minister to attend the progress group in order to engage the Executive fully in the project and its financing; notes that the financial and other problems of the project now being tackled by the progress group are a result of deeply flawed decisions made by Westminster politicians prior to the establishment of the Parliament and by repeated misinformation thereafter from New Labour and the Scottish Executive on the likely costs of the project,”

After debate, the amendment was disagreed to ((DT) by division: For 33, Against 84, Abstentions 3).

David McLetchie moved amendment S1M-2012.1 to motion S1M-2012—

Leave out from “without” to end and insert—

“within the previously approved cost ceiling of £195 million, and to this end calls on the Scottish Parliamentary Corporate Body in conjunction with the Scottish Executive to consider alternative methods of funding elements of the project through partnership with the private sector which will achieve that cost target and avoid cuts in other budgets.”

After debate, the amendment was disagreed to ((DT) by division: For 19, Against 100, Abstentions 1).

The motion was then agreed to ((DT) by division: For 75, Against 33, Abstentions 10).

7.      Members Allowances, Equipment and Furniture Schemes: Des McNulty, on behalf of the Scottish Parliamentary Corporate Body, moved S1M-2034 —That the Parliament—

(a)
(i) directs the Scottish Parliamentary Corporate Body (the SPCB) to provide information technology and other office equipment in accordance with the Equipment and Furniture Scheme annexed hereto as Annex One;

(ii) determines that the said Equipment and Furniture Scheme shall come into effect from the first date when a member takes the oath or affirmation after the next ordinary or as the case may be, extraordinary, general election, except in relation to a new member returned prior to the next general election under section 9 or 10 of the Scotland Act 1998, when the Scheme shall come into effect for that member on the date when such member takes the oath or affirmation;

(b)
(i) confers functions upon the SPCB to pay allowances in each financial year to members in accordance with the Members' Allowances Scheme annexed hereto as Annex Two and confers other functions upon the SPCB as specified in that said Scheme;

(ii) determines that the said Members' Allowances Scheme shall come into effect on 1 July 2001;

(iii) directs the SPCB to pay on and after the date the said Scheme comes into effect until 31 March 2002, the rates and amounts of allowances for the whole of that financial year, under deduction of such amounts paid to or claimed by members in respect of the period commencing on 1 April 2001 to the day preceding the date of this Scheme coming into effect;

(iv) directs the SPCB to make such other deductions or adjustments in respect of employers' National Insurance and pension contributions between the current Scheme and the said new Scheme as the SPCB considers equitable;

(c) rescinds:
(i) the Resolution of the Parliament of 16 March 2000 agreeing the Equipment and Furniture Scheme, on the first date when a member takes the oath or affirmation after the next ordinary or as the case may be, extraordinary general election as provided for in a(ii) above;

(ii) the Resolution of the Parliament of 16 March 2000 agreeing the current Members' Allowances Scheme on the date specified in b(ii) above.

ANNEX ONE

This is the Equipment and Furniture Scheme referred to in the foregoing motion.

"The Equipment and Furniture Scheme

1.      Provision of Information Technology and other Office Equipment, and Office Furniture

(1) The Scottish Parliamentary Corporate Body ("the SPCB") shall provide information technology and other office equipment, and office furniture for an office, within the constituency/region from which a member was returned.

(2) Such information technology and other office equipment and office furniture is provided for the use of a member for the purpose of carrying out his or her Parliamentary duties and—

(a) a member may select during a Parliamentary session the equipment and furniture concerned but only from a list of items specified by the SPCB and subject to not exceeding the maximum number permitted for each item on that list;

(b) the member shall be responsible for the protection and security of such equipment and furniture and the SPCB may, if it has reasonable grounds to believe that any such equipment or furniture is being misused, require the return of the equipment or furniture;

(c) the replacement of any item referred to in (a) shall be permitted where the SPCB is satisfied that it is necessary.

(3) Where, arising from an election or the filling of a regional vacancy in terms of section 10 of the Scotland Act 1998, equipment becomes available, it shall be utilised by a new member and sub‑paragraph (2)(a) would only apply where, in the opinion of the SPCB, additional or replacement items are required. 

(4) Where a member is re‑elected the equipment and furniture utilised by the member in the previous session shall continue to be utilised by the member and sub‑paragraph (2)(a) shall only apply where, in the opinion of the SPCB additional or replacement items are required.

2. Provision of Office Supplies

(1) The SPCB shall provide office supplies and postage stamps or postage paid envelopes to a member for the purpose of carrying out his or her Parliamentary duties.

(2) Where such office supplies are provided for the use of a member for the purpose stated in sub‑paragraph (1) the member may select the supplies concerned but only from a list of items specified by the SPCB.

3. Publication

The SPCB shall publish for each financial year information on this Scheme in such form as the SPCB may determine.

4. Parliamentary Duties

For the purposes of this Scheme, "Parliamentary duties" shall have the same meaning as in rule 8 of Part A of the Members' Allowances Scheme."

ANNEX TWO

This is the Members' Allowances Scheme referred to in the foregoing motion.

"Members' Allowances Scheme

The following Parts A, B and C together with the Annexes attached shall be the Members' Allowances Scheme ("Scheme")—

Part A - General Rules in relation to the Scheme

The following general rules shall, unless the context otherwise requires, govern the Scheme—

Rule 1 - Interpretation

In this Scheme—

"parliamentary complex" means the place where the Parliament or any of its committees or sub-committees meets from time to time;

"remuneration of employees" includes gross salaries, employers' National Insurance contributions and employers' pension contributions;

"main residence" means the property in which the member is resident for council tax purposes under section 75 of the Local Government Finance Act 1992;

"member" means a member of the Scottish Parliament;

"other residence" means any residence which the member owns or leases other than his or her main residence;

"staff" means an employee or employees of a member and/or a person or persons on a contract with an agency and/or on a contract for services;

"motor vehicle allowance" means the maximum rate set for local government under section 46 of the Local Government (Scotland) Act 1973 and shall apply to all motor vehicles irrespective of engine size or annual mileage;

"motor cycle mileage allowance" means the maximum rate set for employees of the Scottish Administration;

"pedal cycle allowance" means the level of the maximum tax free allowance set by the Inland Revenue;

"travelling expenses" means—

(a) the actual cost of any travel ticket purchased or fare paid in making a journey, or part of a journey, by public transport;

(b) where such a journey, or any part of such a journey, is made by means of a motor vehicle, motor cycle or pedal cycle, owned or wholly maintained by the member, such amount per mile travelled on the journey, or that part of the journey, by means of that motor vehicle, motor cycle or pedal cycle as is determined by the motor vehicle, motor cycle or, as the case may be, pedal cycle, mileage allowance;

(c) in exceptional circumstances, with the approval of the Scottish Parliamentary Corporate Body (“the SPCB”), the actual cost of car hire and associated petrol costs; and

(d) tolls and car parking charges;

"public transport" means any service or services provided to the public at large for the carriage of passengers by road, rail, air or sea but includes travel by taxi service only where the use of such a service is required for reasons of urgency or where it is not reasonably practicable for the member to use other forms of public transport.

and any reference to a Part is a reference to the Part so lettered in this Scheme and any reference to an Annex is a reference to the Annex so lettered in this Scheme.

Rule 2 - Verifiable Expenditure

(1) The SPCB may, on an application for the purpose made to it by a member in accordance with this Scheme, make payments to that member by way of allowances for the reimbursement of expenses incurred by that member.

(2) Subject to paragraph (3) of this rule, allowances for which a member is eligible shall be paid by the SPCB only upon the production to the SPCB of evidence of relevant expenditure in the form of invoices or receipts and, in respect of a taxi fare exceeding £10 per journey, written justification for the use of a taxi shall be required and it shall be for the SPCB to determine whether it is satisfied with the justification offered and whether payment should be made.

(3) Supporting invoices and receipts are not required—

(a) for payment of the motor vehicle, motor cycle, or, as the case may be pedal cycle mileage allowance; or

(b) for the reimbursement of travelling expenses where the actual cost of any travel ticket purchased or fare paid in making a journey, or part of a journey, by public transport or tolls and car parking charges is £10 or less.

(4) Paragraph 3 of this rule does not apply to taxi fares and car parking charges, other than parking meter charges.

(5) The SPCB shall provide forms for the purposes of administering the Scheme which members shall complete and sign in order to claim the relevant allowance.

Rule 3 - The Allowances Code

The proper use of allowances payable under this Scheme shall be governed by the Allowances Code at Annex A.

Rule 4 - Publication

The SPCB shall publish information on allowances under this scheme for each financial year in such form as the SPCB may determine.

Rule 5 - Enforcement

(1) The SPCB shall be responsible for supervising members' adherence to the Scheme.

(2) Where eligibility for any of the allowances in this Scheme is in dispute, and cannot otherwise be resolved, the matter shall be referred to the SPCB for determination.

(3) Any member may make a complaint to the SPCB about another member where he or she has reason to believe that allowances under this Scheme have not been expended in accordance with the Scheme (hereinafter referred to as an improper use of allowances), and where such a complaint is made, the SPCB shall normally hear that complaint within one month.

(4) Where the SPCB has reason to believe that a member has made an improper use of allowances or where the SPCB has received a complaint under sub-paragraph (3), the SPCB may, after raising the matter with the Business Manager of the relevant political party, initiate investigations into the matter.

(5) Where the SPCB has reason to believe that a member has made excessive or unreasonable use, in the opinion of the SPCB, of taxis the SPCB is empowered to—

(a) refuse to pay to that member any further taxi fares; and

(b) set a financial limit on future taxi fares for that member; and

(c) set a financial limit for taxi fares which shall apply to all members;

and to take such other action as the SPCB deems appropriate. 

(6) Where the SPCB has initiated investigations in accordance with paragraph (4) and finds that a member has made an improper use of allowances, the SPCB may report to the Standards Committee with its recommendation; and such a recommendation may propose the removal of all or part of the member's allowances.

Rule 6 - Virement

A member shall not vire amounts between one allowance and another allowance.

Rule 7 - Uprating

(1) Subject to paragraphs (2), (3) and (4) of this rule, the SPCB shall uprate allowances in Part B and the notional amount referred to in paragraph 1(a) of Part B on 1 April each year from the year 2002 onwards, having regard to such indices as the SPCB considers appropriate.   The amounts of the uprated Members' Support Allowance (paragraph 1(1)) and Edinburgh Accommodation Allowance (paragraph 4(2)) shall be rounded up to the nearest £100 at each uprating.  

(2) The SPCB shall, unless the Parliament does not agree, uprate the motor vehicle allowance in line with the maximum rate in respect of vehicles over 1199cc set for local government under section 46 of the Local Government (Scotland) Act 1973, and the uprating will become effective and payable at the same time as it does for local government.

(3) The SPCB shall uprate the motorcycle mileage allowance at the same time as and in accordance with the corresponding allowance set for staff of the Scottish Administration.

(4) The SPCB shall uprate the pedal cycle mileage allowance at the same time as and in accordance with the maximum tax-free allowance set by the Inland Revenue.

Rule 8 - Parliamentary Duties

(1) All of the allowances referred to in this Scheme are to be used only for the purpose of members carrying out their Parliamentary duties.

(2) In this Scheme, "Parliamentary duties" means the undertaking of any task or function which a member could reasonably be expected to carry out in his or her capacity as a member of the Parliament including—

(a) attending a meeting of the Parliament;

(b) attending a meeting of a committee or sub-committee of the Parliament of which the member is a member or which the member is required to attend because of being in charge of a Bill or other matter under consideration by the committee or sub-committee or for any other valid reason relating only to the business of the committee or sub-committee;

(c) undertaking research or administrative functions which relate directly to the business of the Parliament;

(d) attending meetings for the purpose of representing electors or explaining the application of policy including attending meetings for the purpose of seeing a constituent or constituents;

(e) attending Parliamentary party group meetings in Edinburgh or such other place in Scotland as may be approved in advance by the SPCB;

(f) attending a meeting, ceremony or official function which relates directly to, or in connection with, the business of the Parliament;

(g) attending an international conference which relates directly to, or in connection with, the business of the Parliament with the prior approval of the SPCB.

but does not include a member's activities which are wholly in relation to that member's role as a Party spokesperson or representative.

Rule 9 - Equality

All members shall be treated equally irrespective of whether they have been returned as constituency members or as regional members, subject to paragraph 1 of Part B.

Rule 10 - Allowances: general

(1) Where a member has claimed an allowance from any other source or had expenses reimbursed from any other source, the member shall not be eligible to claim the same allowance or reimbursement of expenses (as the case may be) under this Scheme.

(2) Where a person becomes eligible for an allowance part way through the financial year, then the amount of any allowance payable under this Scheme shall be apportioned on a pro rata basis.

(3) Where a person ceases to be a member part way through the financial year, the SPCB shall decide whether or not any allowance shall be apportioned on a pro rata basis.

Part B - Allowances

1. Members' Support Allowance

(1) A Member shall be eligible for an allowance of up to £49,300 for each financial year (“the maximum Member's Support Allowance”) for the purposes set out in sub‑paragraph (2) and subject to the conditions as appropriate set out in sub‑paragraphs (3) to (13). 

(2) The purposes of this allowance are to enable a member—

(a) to engage as an employee (whether full‑time or part‑time, temporary or permanent) or through an agency or on a contract for services, personnel to assist the member in carrying out his or her Parliamentary duties. The allowance shall include employers’ costs other than employers’ National Insurance contributions and employers’ pension contributions which are provided for under paragraph 2;

(b) to establish and run an office, within the constituency/region from which the member was returned;

(c) to meet with constituents either on a one‑to‑one basis or as a group;

(d) subject to sub‑paragraph (16), to meet his or her travelling expenses and overnight expenses relating to travel commencing within Scotland to destinations within the UK (but outside Scotland) and return incurred whilst undertaking Parliamentary duties;

(e) to pay fees of attending a seminar/conference which relates to the member carrying out his or her Parliamentary duties;

(f) to meet travelling expenses, overnight expenses, and fees of attending a seminar/conference incurred by a member's staff or volunteers who are assisting the member in his or her Parliamentary duties, which costs are not otherwise covered by paragraph 7;

(g) to pay staff and volunteer training costs;

(h) where any member pays an employee a "one‑off" bonus payment, to meet any employers’ National Insurance contributions which arise;

(i) subject to sub‑paragraphs (16) and (17) to meet travelling expenses and overnight expenses relating to travel to Brussels/Strasbourg for meetings with members of the European Parliament and/or representatives of European Union institutions, as part of his or her Parliamentary duties. 

(3) An employee of a member shall be employed on the terms and conditions determined by the SPCB from time to time.

(4) A member may employ his or her employee on conditions which are more favourable to the employee, provided that this does not entail the member exceeding the amount of this allowance.

(5) Staff and volunteers of a member shall be bound by the Allowances Code at Annex A.

(6) Whilst the remuneration of employees shall be the responsibility of the member the SPCB shall provide—

(a) payroll services for members’ employees; and

(b) arrangement for employers’ pension contributions to be paid to an employee’s choice of pension scheme,

and members shall provide the SPCB with details about their employees to enable the SPCB to provide such services and make such arrangements.

(7) A member may pool his or her allowance with another member or other members in order to employ employees who are shared between or amongst them, provided that—

(a) the employee remains employed by a single member; and

(b) the members concerned give written notice to the SPCB.

(8) Where a member establishes an office under sub‑paragraph (2)(b) the allowance shall be used for the following—

(a) lease of a property or rental of premises;

(b) the provision of utilities;

(c) the purchase or lease of office furniture or equipment or the purchase of stationery;

(d) the member or his or her staff using telecommunications, IT and photocopying equipment at a location other than the member’s Parliamentary office base; and

(e) other purposes ancillary to those specified in (a) to (d) above.

(9) Where in a particular region more than one regional member is returned from a registered political party’s regional list the notional amount in this allowance for establishing and running an office in each financial year shall be £12,000 and the maximum Members' Support Allowance for regional members concerned shall be computed as follows—

(a) there shall be added together the notional amount of £12,000 per financial year in respect of one such regional member and 30% of that amount in respect of each of the other such regional members;

(b) the resulting total sum shall be divided by the number of such regional members; and

(c) that amount shall be deducted from the notional amount and the difference (if any) shall be deducted from the maximum amount in sub‑paragraph 1 above.  The sum thereby produced shall be the limit of Members' Support Allowance for which a regional member shall be eligible. 

(10) Subject to sub‑paragraph (11) below, where sub paragraph (9) applies, whatever amount of the allowance is used for establishing and running an office shall be used to enable the regional members concerned—

(a) to run only one office in a particular region; and

(b) to meet constituents on a one‑to‑one basis or as a group;

and accordingly some or all of the regional members concerned may pool all or part of their allowances under this paragraph in order to run such an office provided the members concerned give written notice to the SPCB.

(11) Where sub‑paragraph (9) applies in relation to a region mentioned in Section C of Annex C (Eligibility for exceptional needs allowance: The largest regions), the SPCB—

(a) may determine after inquiry that the regional members concerned may run one additional office because that is necessary for the regional members concerned to carry out their Parliamentary duties effectively; and

(b) in those circumstances may increase the amount of this allowance to which each of the regional members concerned is entitled by such a sum as the SPCB may determine but the total of such increases shall not exceed 100% of the notional amount of £12,000 referred to in sub‑paragraph (9) above, and under no circumstances shall any increase under this provision result in the maximum Members’ Support Allowance specified in sub‑paragraph (1) above being exceeded. 

(12) Where the SPCB has made a determination under sub‑paragraph (11) the regional members concerned may pool their allowances under this paragraph with any other member or members for that region provided that all members concerned first notify the SPCB.

(13) A constituency member may locate his or her Parliamentary office base in a constituency other than the one from which the member was returned provided that the location has prior approval of the member returned from that other constituency and the SPCB is notified immediately.

(14) An amount of £12,000 for each constituency member and the amount computed in accordance with sub‑paragraph (9) above for regional members per financial year for the establishment and running of an office are notional but the actual amount to be spent shall be for each member to determine subject to the limit of his or her Members' Support Allowance. 

(15) Where local office costs are higher than in other parts of Scotland due to the state of the local economy, a member may refer the matter to the SPCB for its determination as to whether the member should be eligible for an allowance greater than the maximum Members’ Support Allowance mentioned in sub‑paragraph (1) but any increase shall be not greater than 10% of the notional amount of £12,000 per financial year.

(16) The rates applicable to travelling and overnight expenses referred to in sub‑paragraph (2)(d) and (f) above shall not exceed those specified in paragraphs 3 and 6 below. 

(17) A member who intends to travel to Brussels/Strasbourg in accordance with sub‑paragraph (2)(i) above shall be required to give the SPCB a minimum of 14 days advance notice thereof unless there are exceptional circumstances, in the opinion of the SPCB, which would justify a lesser period of notice.

2. Support Fund - Employees and Contingencies

(1) There shall be a Support Fund, maintained, administered and subject to qualifying conditions determined by the SPCB, from which shall be disbursed the following—

(a) the National Insurance contributions incurred by a member as an employer under this Scheme;

(b) pension contributions by a member as an employer under this Scheme but subject to a maximum of 10% of gross basic annual salary except in the case of existing employees in post as at 1 March 2001 where the actual contributions, if in excess of 10%, will be paid;

(c) the salary and employment costs including pension contribution to limits set in sub‑paragraph (b) above in respect of the employment of an employee of a member to cover for sickness absence or maternity leave of an employee of that member but subject to the following—

(i) that the salary payable to the temporary employee does not exceed, pro‑rata, the salary payable to the absent employee;

(ii) that the requirements of paragraph 1 (3), (5) and (6) are met;

(d) the cost of telephone line provision, up to a standard and price specified by the SPCB from time to time, in the constituency or regional office of a member;

(e) the cost, up to maximum to be set by the SPCB from time to time, for each financial year, of advertising, (which includes the production of posters and leaflets) a member's availability, at specified times and places, for consultation in relation to enquiries and problems of the public in the constituency or region of the member;

(f) the cost of such other items of a kind which reflect good employment or workplace practices and facilities for members and employees of members as may be determined, and with such conditions as may be specified, by the SPCB from time to time.

3. Members' Travel Allowance

(1) A member shall be eligible for the reimbursement of travelling expenses, at the rates or level specified, necessarily incurred by that member within Scotland in performing his or her Parliamentary duties.

(2) Subject to the provisions of paragraph 1(2)(i) any travel outside the UK shall be eligible for reimbursement only where the travel concerned has been authorised in advance by the SPCB.

(3) Reimbursement will not be made of the cost of travel between the Parliamentary complex and accommodation rented or bought under paragraph 4(3)(b) where the accommodation is outside the City of Edinburgh.

(4) Where a member has spent or has commitments to spend his or her Members' Support Allowance and the member can establish to the satisfaction of the SPCB that there are very exceptional circumstances and there is a definite need which would justify an additional payment from this allowance for travel outside Scotland but within the UK as set out in paragraph 1(2)(d), or travel to Brussels/Strasbourg as set out in paragraph 1(2)(i), application may be made to the SPCB for its determination. 

4. Edinburgh Accommodation Allowance

(1) Where a member's main residence lies within a constituency mentioned in Group One of Annex B, he or she shall not be eligible for any allowance under this paragraph.

(2) Where a member's main residence lies within a constituency mentioned in Group Two of Annex B, the member shall be eligible for an overnight expenses allowance of up to £82.08 per night for each night that he or she requires to stay overnight for Parliamentary duties in Edinburgh.

(3) Where a member's main residence lies within a constituency mentioned in Group Three of Annex B, the member shall be eligible for a total allowance of £9,234 for each financial year comprising either—

(a) an allowance of up to £82.08 per night for each night that he or she requires to stay overnight for Parliamentary duties in Edinburgh; or

(b) subject to sub-paragraph (4), an allowance in order to cover the costs of those items mentioned in sub-paragraph (5) below, where such costs are a necessary consequence of having to stay overnight for Parliamentary duties in Edinburgh.

(4) Where the member claims an allowance under sub-paragraph (3)(b) part way through the financial year, then the amount of the allowance payable under that paragraph shall be apportioned on a pro rata basis.

(5) The costs referred to in sub-paragraph (3) relate only to the provision and use as residential accommodation of a property located within a constituency mentioned in Group One of Annex B and are—

(a) the rent payable for the lease of the property;

(b) the interest on the capital required to purchase the property;

(c) the conveyancing fees and outlays, and the surveyors' fees, incurred in the purchase of the property;

(d) council tax;

(e) factoring charges;

(f) the provision of utilities;

(g) building and contents insurance;

(h) TV Licence;

(i) reasonable removal costs; and

(j) reasonable costs of securing the property such as—

                  (i) the provision of door/window locks;

                  (ii) the installation and maintenance of an intruder alarm;

                  (iii) the installation and maintenance of external security lighting;

but not major capital items such as security cameras nor the hiring of security guards.

(6) Where a member's main residence falls within Group Two of Annex B and the member believes that there are exceptional circumstances applying to him or her, that member may apply in writing to the SPCB setting out those circumstances, requesting that the SPCB treat that member's residence as being in Group Three of Annex B and it shall be a matter within the sole discretion of the SPCB whether to grant such a request.

 5. Exceptional Needs Allowance

(1) This paragraph applies to members returned from those constituencies or regions which are set out in Annex C.

(2) A member shall be eligible to claim an exceptional needs allowance of up to £82.08 per night where it is unreasonable for the member to return to his or her main or other residence before or after undertaking Parliamentary duties within the member's constituency or region.
6. Overnight Expenses Allowance

(1) Subject to sub-paragraphs (4) and (5), a member shall be eligible for an overnight expenses allowance where he or she requires for the purpose of carrying out his or her Parliamentary duties to spend a night away from his or her main or other residence.

(2) The amount of the overnight expenses allowance shall be—

(a) up to £82.08 per night; or

(b) up to £102.60 per night in Greater London; or

(c) in respect of a stay outside the United Kingdom an amount determined by the SPCB.

(3) Subject to the provisions of paragraph 1(2)(i) any claim for overnight expenses in connection with a stay outside the UK shall be eligible for reimbursement only where the stay concerned has been authorised in advance by the SPCB.

(4) A member is not eligible for an allowance under this paragraph in connection with Parliamentary duties in Edinburgh.

(5) A member is not eligible for an allowance under this paragraph in connection with Parliamentary duties within his or her constituency or region.

(6) Where a member has spent or has commitments to spend his or her Members' Support Allowance and the member can establish to the satisfaction of the SPCB that there are very exceptional circumstances which would justify an additional payment from this allowance for overnight expenses outside Scotland but within the UK as set out in paragraph 1(2)(d), or overnight expenses in Brussels/Strasbourg as set out in paragraph 1(2)(i) application may be made to the SPCB for its determination. 

7. Employee Travel Allowance

(1) This paragraph applies only to employees paid through the SPCB payroll service.  

(2) Each member is eligible for an allowance in respect of the travelling expenses incurred by his or her employees on journeys—

(a) between the constituency or region from which the member was returned, or the main residence of the employee, and the Parliamentary complex; or

(b) within that constituency or region undertaken in support of the member in undertaking his or her Parliamentary duties; or

(c) a combination of (a) and (b).

(3) A journey shall be the sum of all such travel completed within one day.

(4) The maximum number of journeys in relation to which reimbursement may be claimed under this allowance in each financial year shall be equivalent to twice the number of weeks that the Parliament meets in that year, not including weeks when only committees of the Parliament meet. 

(5) The SPCB shall keep a record of each member's entitlement to an allowance under this paragraph and its use to date.

(6) Daily commuting journeys by an employee to and from his or her normal place of work do not qualify for payment under this allowance.

8. Family Travel Allowance

(1) Each member is eligible for an allowance in respect of the travelling expenses of 12 single journeys for each financial year between his or her constituency, region or main residence and Edinburgh for each member of his or her immediate family.

(2) In this paragraph, "immediate family" means—

(a) the member's spouse or another nominated person; and

(b) any child under the age of 18; and

for the purposes of this paragraph "child" includes any step child, adopted child, foster child or any other child living with that member as part of his or her family.

(3) The SPCB shall keep a record of each member's entitlement to an allowance under this paragraph and its use to date.

(4) In order to qualify for the family travel allowance, a member must register with the SPCB who are his or her immediate family eligible to take part in the Scheme.

9. Disability Allowances

(1) This and the following sub‑paragraph apply to any member whose ability to undertake his or her role as a member is impaired by reason of disability.

(2) The SPCB may award an allowance up to a maximum of £10,260 per session to a member for him or her to use in any way which the SPCB decides is helpful to the member in undertaking his or her work.

(3) Any member may apply to the SPCB for an allowance to meet costs the member may incur in—

(a) making reasonable adjustments to his or her local office to accommodate a member's employee who has a disability and/or facilitating access for disabled members of the public;

(b) providing equipment and/or parking spaces for disabled persons;

(c) facilitating meetings for disabled persons by hiring (on an occasional basis) alternative office and meeting premises; and

(d) contracting sign language interpreters for meetings with members of the public;

and the SPCB may determine, from time to time, such other services which qualify for consideration for payment from this allowance.

10. Winding Up Allowance

(1) Where a member ceases to serve as a member of the Parliament, he or she shall be eligible for a winding up allowance.

(2) The amount of the winding up allowance shall be the equivalent of one third of the Members' Support Allowance payable in any one financial year to which the member would otherwise have been entitled.

ANNEX A

ALLOWANCES CODE

A: Offices

(1) Each member will normally have one Parliamentary office base within the area from which he or she was returned that will be his or her registered local address for correspondence.

(2) Parliamentary offices may be acquired in association with political party premises, but must be a clearly definable office space. Party political material is not permitted to be externally displayed in areas occupied by the Parliamentary office.

(3) Parliamentary offices should be suitable for public access.

(4) Each member will be able to use offices/locations, other than his or her main base, within the area for which he or she was returned for surgery purposes.

B: Activities

(1) Premises, or the relevant part of premises, acquired as Parliamentary offices shall be used only for parliamentary activities, and not for party business.

(2) During the hours that they are employed by a member under his or her Members’ Support Allowance, a member's employees may not undertake any significant party political activity.

(3) A member will be responsible to the SPCB for his or her own activities and for the activities of his or her staff.

(4) Premises, or the relevant part of premises, acquired as Parliamentary offices shall not be used as a base for canvassing or election campaigning, or any party activity related to elections. 

(5) Parliamentary stationery and office equipment must not be used for party purposes.

C: Responsibilities

(1) A member has a duty to ensure that he or she utilises the allowances to which he or she is eligible for the purpose for which they were intended. This includes any allowances for which he or she is eligible, but which are utilised by staff or immediate family of the member. A member has the responsibility of ensuring that his or her staff and volunteers adhere to the terms of this Code. 

(2) A member has a duty to ensure that he or she adheres to the terms of this code in spirit and in practice.

ANNEX B

ELIGIBILITY FOR EDINBURGH ACCOMMODATION ALLOWANCES

Group One

Edinburgh West
Edinburgh Pentlands
Edinburgh Central
Edinburgh North & Leith
Edinburgh South
Edinburgh East & Musselburgh
Linlithgow
Livingston
Midlothian

Group Two

East Lothian
North East Fife
Central Fife
Kirkcaldy
Dunfermline East
Dunfermline West
Ochil
Falkirk East
Falkirk West
Cumbernauld & Kilsyth
Airdrie & Shotts
Coatbridge & Chryston
Hamilton North & Bellshill
Motherwell & Wishaw
Hamilton South
Glasgow Anniesland
Glasgow Baillieston
Glasgow Cathcart
Glasgow Govan
Glasgow Kelvin
Glasgow Maryhill
Glasgow Pollok
Glasgow Rutherglen
Glasgow Shettleston
Glasgow Springburn
Strathkelvin & Bearsden
Paisley North
Paisley South
Stirling
Perth
Dundee East
Dundee West
Tweeddale, Ettrick and Lauderdale

Group Three

Aberdeen Central
Aberdeen North
Aberdeen South
Aberdeenshire West & Kincardine
Angus
Argyll and Bute
Ayr
Banff & Buchan
Caithness, Sutherland & Easter Ross
Carrick, Cumnock & Doon Valley
Clydesdale
Clydebank & Milngavie
Cunninghame North
Cunninghame South
Dumbarton
Dumfries
East Kilbride
Eastwood
Galloway and Upper Nithsdale
Gordon
Greenock & Inverclyde
Inverness East Nairn & Lochaber
Kilmarnock & Loudoun
Moray
North Tayside
Orkney
Renfrewshire West
Ross, Skye & Inverness West
Roxburgh & Berwickshire
Shetland
Western Isles

ANNEX C

ELIGIBILITY FOR EXCEPTIONAL NEEDS ALLOWANCE

A: Constituencies of over 250,000 hectares

Argyll & Bute
Caithness, Sutherland & Easter Ross
Galloway & Upper Nithsdale
Inverness East, Nairn & Lochaber
North Tayside
Ross, Skye and Inverness West
Roxburgh & Berwickshire
West Aberdeenshire and Kincardine
Western Isles

B: Constituencies which contain significant island communities

Orkney
Shetland
Cunninghame North

C: The largest regions

Highlands & Islands
North East Scotland
South of Scotland
Mid Scotland and Fife."

The motion was agreed to (DT).


8.      Approval of SSIs: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-2027—That the Parliament agrees that the following instruments be approved—

the draft Scotland Act 1998 (Transfer of Functions to Scottish Ministers etc.) (No.2) Order 2001; and

the draft Consumer Protection Act 1987 (Product Liability) (Modification) (Scotland) Order 2001. 

The motion was agreed to (DT).

9.      Approval of SSIs: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-2028—That the Parliament agrees that the draft Graduate Endowment (Scotland) Regulations 2001 be approved.

After debate, the motion was agreed to ((DT) by division: For 67, Against 53, Abstentions 0).

10.    Decision Time: Decision were taken on items 1, 2, 6, 7, 8 and 9 as noted above.

11.    Young Carers: The Parliament debated S1M-1959 in the name of Donald Gorrie—That the Parliament congratulates the young carers who, at their recent conference in Linlithgow, formed a National Young Carers Forum; pays tribute to the huge contribution to family life made by young carers; welcomes the support given by some local authorities to local young carers’ groups, and urges the Scottish Executive and local authorities to give a high priority to bringing together national and local staff and resources in education, social work and health to provide joined up services to ease the burden on these young people, who are often the only person holding their family together.

The meeting closed at 5.42 pm.

No.12 Wednesday 27 June 2001

The meeting opened at 2.30 pm.

1.      Time for Reflection: Sister Isabel Smyth, Secretary of the Scottish Inter Faith Council, led Time for Reflection.

2.      Ministerial Statement: The Minister for Education, Europe and External Affairs (Mr Jack McConnell) made a statement on National Qualifications and the 2001 Exam Diet.

3.      Serious Violent and Sexual Offenders: The Deputy First Minister and Minister for Justice (Mr Jim Wallace) moved S1M-2041—That the Parliament welcomes the publication of the Executive’s White Paper on serious violent and sexual offenders, fulfilling the Programme for Government commitment to “review the law by 2001 in relation to sexual and violent offenders, including harassment and in particular stalking”; agrees that the public deserves to be protected from the highest risk offenders, and commends the Executive’s proposals for a new sentencing, management and treatment regime for this small group of offenders as an important step in building a Scotland where people are safer and feel safer.

Phil Gallie moved amendment S1M-2041.1 to motion S1M-2041—

Leave out from “fulfilling” to end and insert—

“but regrets the fact that the Labour Government in 1997 repealed a number of sections and did not bring into effect others in the Crime and Punishment (Scotland) Act 1997 which would have ensured honesty in sentencing and reassured the general public that serious sexual and violent offenders were dealt with justly.”.

After debate, the amendment was disagreed to ((DT) by division: For 14, Against 90, Abstentions 1).

The motion was then agreed to (DT).

4.      Designation of Lead Committee: Mr Tom McCabe, on behalf of the Parliamentary Bureau, moved S1M-2047—That the Parliament agrees the following designation of Lead Committee—

the Justice 2 Committee to consider the draft International Criminal Court (Immunities and Privileges) Order 2001.

The motion was agreed to (DT).

5.      Decision Time: The Parliament took decisions on items 3 and 4 as noted above.

6.      Lung Disease in Scotland: The Parliament debated S1M-1740 in the name of Michael Matheson—That the Parliament notes the increased incidence of lung disease, in particular the rising number of women suffering from lung cancer; further notes the inconsistent way in which services are provided within the NHSiS for those who suffer from lung disease; recognises the need for greater research into lung disease in Scotland, much of which is presently funded by the British Lung Foundation; congratulates the British Lung Foundation on the work of its Breatheasy groups in providing support to those in local communities who suffer from lung disease, and acknowledges the need to give consideration to the formation of a national strategy to tackle lung disease in Scotland.

The meeting closed at 5.40 pm.

No.13 Thursday 28 June 2001

The meeting opened at 9.30 am.

1.      Protection from Abuse (Scotland) Bill – Stage 1: Alasdair Morgan, on behalf of the Justice 1 Committee, moved S1M-1994—That the Parliament agrees to the general principles of the Protection from Abuse (Scotland) Bill.

After debate, the motion was agreed to (DT).

2.      2002/03 Budget Process: Mike Watson, on behalf of the Finance Committee, moved S1M-2042—That the Parliament notes the 10th Report, 2001 of the Finance Committee, Stage 1 of the 2002/03 Budget Process (SP Paper 364) and commends the recommendations to the Scottish Executive.

After debate, the motion was agreed to (DT).

3.      Ministerial Statement: The Minister for Finance and Local Government (Angus Mackay) made a statement on the Scottish Budget.

4.      Suspension of meeting: The meeting was suspended from 12.00 pm until 12.11 pm.

5.      Business Motion: Mr Tom McCabe, on behalf of the Parliamentary Bureau, moved S1M-2046—That the Parliament agrees

(a) the following programme of business—

Wednesday 5 September 2001

2.30 pm                        Time for Reflection

followed by                    Parliamentary Bureau Motions

followed by                    Executive Business

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members' Business

Thursday 6 September 2001

9.30 am                        Committee Business

followed by                    Business Motion

2.30 pm                        Question Time

3.10 pm                        First Minister's Question Time

3.30 pm                        Executive Business

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members' Business

Wednesday 12 September 2001

2.30 pm                        Time for Reflection

followed by                    Parliamentary Bureau Motions

followed by                    Stage 3 Debate on the International Criminal Court (Scotland) Bill

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members' Business

Thursday 13 September 2001

9.30 am                        Scottish Conservative and Unionist Party Business

followed by                    Business Motion

2.30 pm                        Question Time

3.10 pm                        First Minister's Question Time

3.30 pm                        Executive Business

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members' Business

and (b) that the Justice 1 Committee reports to the Justice 2 Committee by 10 September 2001 on the draft International Criminal Court (Immunities and Privileges) Order 2001.

The motion was agreed to.

6.      Question Time: Questions were answered by the First Minister and other Ministers and junior Scottish Ministers.

7.      New Opportunities Fund: The Deputy Minister for Sport, the Arts and Culture (Allan Wilson) moved S1M-2043—That the Parliament welcomes the New Opportunities Fund’s commitment to social inclusion, equality and diversity and to working in partnership with other agencies and organisations at a national and local level; endorses the priorities identified by the Scottish Executive for the third round of initiatives; welcomes the Fund’s intention to join the small-scale grants Awards for All scheme in Scotland; further welcomes the contribution which New Opportunities Fund funding will make to reinvigorating sport in schools, increasing community use of school based sports facilities and providing attractive alternatives for young people to criminal and anti-social behaviour, and notes with approval that the Fund is currently consulting widely on the detailed arrangements for delivering these initiatives.

Michael Russell moved amendment S1M-2043.1 to motion S1M-2043—

Leave out from “endorses” to first “initiatives” and insert—

“notes that the priorities identified by the Scottish Executive are merely consultative and not binding on the New Opportunities Fund; believes that on matters devolved to the Parliament, the New Opportunities Fund should take its instructions from the Scottish Executive and not from the Secretary of State for Culture, Media and Sport;”

After debate, the amendment was disagreed to ((DT) by division: For 36, Against 81, Abstentions 0).

Mr David Mundell moved amendment S1M-2043.2 to motion S1M-2043—

Leave out from “endorses” to end and insert—

“and further notes the arbitrary movement of lottery funding away from community-based projects and from support for Scotland’s vital voluntary sector.”

After debate, the amendment was disagreed to ((DT) by division: For 52, Against 65, Abstentions 0).

The motion was then agreed to ((DT) by division: For 67, Against 0, Abstentions 50).

8.      Approval of SSIs: Fiona Hyslop, on behalf of the Parliamentary Bureau, moved S1M-2056—That the Parliament agrees that the following instruments be approved—

the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (West Coast) (Scotland) Order 2001 (SSI 2001/237);

the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No.2) (Scotland) Order 2001 (SSI 2001/241); and

the Farm Business Development (Scotland) Scheme 2001 (SSI 2001/202).

The motion was agreed to (DT).

9.      Membership of Committees: Fiona Hyslop, on behalf of the Parliamentary Bureau, moved S1M-2052—That the Parliament agrees that the following members be appointed to committees—

Lord James Douglas-Hamilton to replace Phil Gallie on the Justice 1 Committee;
Jamie McGrigor to replace Alex Johnstone on the Rural Development Committee;
Phil Gallie to replace John Scott on the Public Petitions Committee;
Bill Aitken to replace Lyndsay McIntosh on the Justice 2 Committee;
Lyndsay McIntosh to replace Bill Aitken on the Social Justice Committee and to replace Jamie McGrigor on the Equal Opportunities Committee; and
John Scott to replace Murray Tosh on the Transport and the Environment Committee.

The motion was agreed to (DT).

10.    Decision Time: The Parliament took decisions on items 1, 2, 7, 8 and 9 as noted above.

11.    Endometriosis: The Parliament debated S1M-1970 in the name of Miss Annabel Goldie—That the Parliament notes the debilitating effect which endometriosis has upon many women in Scotland; acknowledges the need for greater awareness of this disease amongst the general public and the medical profession, and encourages greater co-operation between relevant organisations and individuals to facilitate the early diagnosis and treatment of the disorder.

The meeting closed at 5.36 pm.
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