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Business Bulletin 1999-2011

Minutes of Proceedings 1999-2011

Journal of Parliamentary Proceedings Sessions 1 & 2

Committees Sessions 1, 2 & 3

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No. 16 Wednesday 15 September 2004

The meeting opened at 2.30 pm.

1.      Time for Reflection: Father John Bollan from the Religious Education Department at the University of Glasgow led Time for Reflection.

2.      Finance Committee, Relocation of Public Sector Jobs: Des McNulty, on behalf of the Finance Committee, moved S2M-1672—That the Parliament notes the 6th Report 2004 (Session 2) of the Finance Committee, Report on the Relocation of Public Sector Jobs (SP Paper 189), which summarises the considerable evidence in support of the principle of relocation of public sector jobs, calls for greater transparency in the decision-making process associated with relocation, highlights the need for the objectives of the policy to be set out clearly and realistically, identifies lessons to be learnt from elsewhere and puts forward a number of recommendations for consideration and debate.

After debate, motion was agreed to (DT).

3.      Motions without Notice: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved without notice that S2M-1698, S2M-1700 and S2M-1699 be taken at this meeting of the Parliament.

The motion was agreed to.

4.      Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1698—That the Parliament agrees that Rule 5.6.1(c) of Standing Orders be suspended in respect of Members’ Business on Wednesday 22 September 2004.

The motion was agreed to.

5.      Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1700—That the Parliament agrees under Rule 11.2.4 of Standing Orders that Decision Time on Wednesday 22 September 2004 be taken at 7.00pm.

The motion was agreed to.

6.      Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1699—That the Parliament agrees the following programme of business—

Wednesday 22 September 2004

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Debate on the Holyrood Inquiry Report

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

7.00 pm                          Decision Time

Thursday 23 September 2004

9.30 am                          Parliamentary Bureau Motions

followed by                      Executive Debate on Sport

12 noon                          First Minister’s Question Time

2.00 pm                          Question Time—

                                      Environment and Rural Development;

                                      Health and Community Care;

                                      General Questions

3.00 pm                          Stage 1 Debate on the Breastfeeding etc. (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Wednesday 29 September 2004

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Executive Business

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 30 September 2004

9.30 am                          Parliamentary Bureau Motions

followed by                      Scottish Conservative and Unionist Party Business

12 noon                          First Minister’s Question Time

2.00 pm                          Question Time—

                                      Enterprise, Lifelong Learning and Transport;

                                      Justice and Law Officers;

                                      General Questions

3.00 pm                          Stage 1 Debate on the Emergency Workers (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

The motion was agreed to.

7.      Designation of Lead Committees: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved—

S2M-1686—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the International Criminal Court (Enforcement of Fines, Forfeiture and Reparation Orders) (Scotland) Regulations 2004 (SSI 2004/360);

S2M-1687—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Amendment Regulations 2004 (SSI 2004/370);

S2M-1688—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Freedom of Information (Fees for Disclosure under Section 13) (Scotland) Regulations 2004 (SSI 2004/376); and

S2M-1689—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the draft Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004.

The motions were agreed to (DT).

8.      Membership of Committees: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved—

S2M-1690—That the Parliament agrees that Nora Radcliffe be appointed to replace Margaret Smith on the Equal Opportunities Committee;

S2M-1691—That the Parliament agrees that Alex Neil be appointed to replace Alasdair Morgan on the Enterprise and Culture Committee;

S2M-1692—That the Parliament agrees that Roseanna Cunningham be appointed to replace Christine Grahame on the Health Committee; and

S2M-1693—That the Parliament agrees that Mr John Swinney be appointed to replace Richard Lochhead on the European and External Relations Committee.

The motions were agreed to (DT).

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

10.    Citizens Advice Week: The Parliament debated S2M-1579 in the name of Bill Butler—That the Parliament supports Advice Week from 6 to 13 September 2004; commends the vital work that Scotland’s 77 citizens advice bureaux do in providing free, impartial and confidential advice to all; recognises that in the last year they handled over 400,000 issues and secured nearly £26m for clients; further recognises that such good quality advice on issues such as benefits, debt, employment, housing and consumer affairs is increasingly necessary in today’s society; acknowledges that the use of client evidence means that citizens advice bureaux speak with authority and relevance on changing social issues from both a local and national perspective; congratulates the 2,193 volunteers and 329 paid members of staff who provide this service, and hopes that parliamentarians across the political spectrum can work together to ensure that the service will continue to inform government and meet the needs of local communities across Scotland in the years to come.

The meeting closed at 5.54 pm.

No. 17 Thursday 16 September 2004

The meeting opened at 9.30 am.

1.      Growing Scotland’s Economy – Building on Progress: The Deputy First Minister and Minister for Enterprise and Lifelong Learning (Mr Jim Wallace) moved S2M-1695—That the Parliament welcomes the publication of the Scottish Executive’s response to the issues raised at the Business in the Parliament Conference 2004; welcomes the input of the business community into the current revision of A Smart, Successful Scotland and welcomes this opportunity for members to influence that revision; notes the broad consensus in support of the Executive’s recently published framework for economic development in Scotland for addressing Scotland’s historically low rate of economic growth by working to deliver improved productivity, and believes that improved economic growth is key to generating first-class public services for the people of Scotland.

Mr Jim Mather moved amendment S2M-1695.2 to motion S2M-1695—

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

“in the belief that the case has now been made and popularly acclaimed at home and internationally-proven in recent competitiveness indices for more powers for the Parliament, which are needed in order to reverse Scotland’s historically low rate of economic growth and generate both the wealth required to provide world-class public services and infrastructure and the high quality employment opportunities needed to retain and develop fresh talent in Scotland.”

After debate, the amendment was disagreed to ((DT) by division: For 20, Against 82, Abstentions 6).

Murdo Fraser moved amendment S2M-1695.1 to motion S2M-1695—

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

“notes the continuing underperformance of the Scottish economy relative to the United Kingdom as a whole, despite the economic strategies of the Scottish Executive over the last five years; further notes with concern that Scotland was ranked 36th out of 60 countries in IMD World Competitiveness Yearbook 2004, some 14 places behind the United Kingdom as a whole; recognises the broad consensus of the business community in response to the Executive’s recently published framework for economic development in Scotland, that action rather than words is required from the Executive to grow the Scottish economy, and calls upon the Executive to take immediate steps to create a more business-friendly environment by reducing business rates and water charges and cutting red tape, thereby encouraging business development and boosting Scotland’s economic competitiveness.”

After debate, the amendment was disagreed to ((DT) by division: For 15, Against 76, Abstentions 18).

Shiona Baird moved amendment S2M-1695.3 to motion S2M-1695—

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

“acknowledges that Scotland’s economy, society and environment are interlinked and cannot be treated in isolation; notes that prioritising economic growth, above all else, contradicts the Scottish Executive’s stated commitment to human and environmental welfare, and that GDP growth alone is not a measure of improvement in people’s quality of life and environmental sustainability; notes the revelation in the recent report to the Environment and Rural Development Committee by CAG Consultants, Is The Scottish Executive Structured and Positioned to Deliver Sustainable Development? that the most significant weakness emerged in relation to the perceived need for economic growth and the failure to acknowledge the negative environmental impacts of growth policies, and calls on the Executive to place quality of life as its number one priority, supported by the development of a sustainable economy that does not undermine social and environmental justice.”

After debate, the amendment was disagreed to ((DT) by division: For 15, Against 77, Abstentions 18).

The motion was then agreed to ((DT) by division: For 65, Against 27, Abstentions 18).

2.      First Minister’s Question Time: Questions were answered by the First Minister (Mr Jack McConnell).

3.      Question Time: Questions were answered by the Minister for Education and Young People (Peter Peacock) and the Minister for Tourism, Culture and Sport (Mr Frank McAveety); by the Minister for Finance and Public Services (Mr Andy Kerr) and the Minister for Communities (Ms Margaret Curran) and by other Ministers and junior Scottish Ministers.

4.      Tenements (Scotland) Bill – Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1702—That the Parliament agrees that, during Stage 3 of the Tenements (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 the Stage begins and excluding any periods when other business is under consideration or when the meeting of the Parliament is suspended or otherwise not in progress):

Groups 1 to 4 – no later than 30 minutes
Groups 5 to 8 – no later than 45 minutes
Groups 9 to 11 – no later than 1 hour and 15 minutes
Groups 12 to 16 – no later than 1 hour and 30 minutes
Motion to pass the Bill – 2 hours

The motion was agreed to.

5.      Tenements (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, 81, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77 and 78.

Amendment 30 was agreed to (by division: For 70, Against 9, Abstentions 0)

The following amendments were disagreed to (by division)—

            79        (For 9, Against 93, Abstentions 0)

            22A     (For 29, Against 57, Abstentions 0)

The remaining amendment was not moved.

6.      Tenements (Scotland) Bill – Stage 3: The Minister for Communities (Ms Margaret Curran) moved S2M-1493—That the Parliament agrees that the Tenements (Scotland) Bill be passed.

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

7.         Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau moved S2M-1685—That the Parliament agrees that the Justice 2 Committee reports to the Justice 1 Committee by 24 September 2004 on—

the International Criminal Court (Enforcement of Fines, Forfeiture and Reparation Orders) (Scotland) Regulations 2004 (SSI 2004/360);

the Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Amendment Regulations 2004 (SSI 2004/370);

the Freedom of Information (Fees for Disclosure under Section 13) (Scotland) Regulations 2004 (SSI 2004/376); and

the draft Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004.

The motion was agreed to.

8.         Motion without Notice: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved without notice that the Parliament agrees under Rule 11.2.4 of Standing Orders that Decision Time on Thursday 16 September 2004 be taken at 4.47 pm.

The motion was agreed to.

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

10.    Children of Drug Abusers: The Parliament debated S2M-1306 in the name of Trish Godman—That the Parliament notes the widespread incidence in Scotland of children whose parents misuse drugs and who, as a result, suffer diminished lives in all kinds of ways; believes that such children, many of whom are infants, require comprehensive care by those concerned with the protection of vulnerable families, and considers that the Scottish Executive, social work departments and other interested parties should adopt healthcare programmes that will ensure that such young citizens escape the blighting of their lives brought about by parents who are themselves in need of treatment and support.

The meeting closed at 5.43 pm.

No. 18 Wednesday 22 September 2004

The meeting opened at 2.30 pm.

1.      Time for Reflection: Rev Dr Alison Jack, Church of Scotland Minister from Dunblane led Time for Reflection.

2.      Holyrood Inquiry Report: Robert Brown moved S2M-1727—That the Parliament thanks the Rt Hon Lord Fraser of Carmyllie QC for his report of the Holyrood Inquiry and invites the Scottish Parliamentary Corporate Body and the Scottish Executive to consider the contents of the report.

Fergus Ewing moved amendment S2M-1727.3 to motion S2M-1727—

Leave out from “and invites” to end and insert—

“; agrees with the key findings of the report that the choice of site for the Parliament, the setting of the timetable for construction, the fixing of the budget of £50 million for construction, the selection of construction management for its procurement, the choice of architect and the appointment of the construction manager were decided by the Scottish Office before the Parliament was elected in May 1999 and that it is the consequences of those decisions that have caused the massive increase in costs and delay; further agrees with the finding that the Parliament  was misled in June 1999 with regard to the costs of the project and that there is no greater democratic misdemeanour than misleading the Parliament and deplores the fact that there has been no ministerial accountability; regrets that the First Minister was not required to give oral evidence to Lord Fraser about his role as Minister for Finance in 1999; further regrets that the inquiry was set up without the necessary legal powers to require the appearance of witnesses and the production of documents and other material and agrees with the condemnation by Lord Fraser of the BBC’s management for its refusal to co-operate with the Inquiry; calls upon the Scottish Executive to seek the powers that are presently reserved to Her Majesty’s Government to make Executive civil servants fully accountable to Executive ministers and believes that, without such powers, essential reform of the Civil Service cannot take place; considers that the freedom of information legislation should be amended as soon as practicable to ensure that there is a presumption in favour of disclosure of information in relation to the use of public money in public sector contracts and that civil servants’ advice to ministers is not protected by the 30-year rule, and calls upon the Scottish Parliamentary Corporate Body to take every possible step to ensure the recovery of any costs incurred as a result of negligence or breach of contract and to provide a proper means by which parliamentary scrutiny can be brought to bear upon its performance of its duties in taking these steps.”

After debate, the amendment was disagreed to ((DT) by division: For 24, Against 86, Abstentions 2).

David McLetchie moved amendment S2M-1727.1 to motion S2M-1727—

Insert at end—

“and, in so doing, welcomes its findings and recommendations but regrets that, in its conclusions, it fails to place due emphasis on the principle of ministerial responsibility and accountability.”

After debate, the amendment was disagreed to ((DT) by division: For 42, Against 68, Abstentions 2).

Margo MacDonald moved amendment S2M-1727.2 to motion S2M-1727—

Leave out from “invites” to end and insert—

“calls on the political parties and groups represented on the Parliamentary Bureau to nominate one person from each of their respective political parties or groups, other than those members who served on the Scottish Parliamentary Corporate Body or were members of the Scottish Executive at the time covered by the report, to form a special committee of the Parliament to consider the report and make recommendations as to the future conduct of the civil service, the Corporate Body, the Chief Executive of the Parliament and the Executive in discharging their public duties.”

After debate, the amendment was disagreed to ((DT) by division: For 13, Against 92, Abstentions 7).

The motion was then agreed to (DT).

3.      Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1731—That the Parliament agrees—

(a) the following programme of business—

Wednesday 29 September 2004

2.30 pm                                    Time for Reflection

followed by                                Parliamentary Bureau Motions

followed by                                Executive Debate: Spending Review 2004 – Enterprise, Opportunity and Fairness

followed by                               Business Motion

followed by                                Parliamentary Bureau Motions

5.00 pm                                    Decision Time

followed by                                Members’ Business

Thursday 30 September 2004

9.30 am                                    Parliamentary Bureau Motions

followed by                                Scottish Conservative and Unionist Party Business

12 noon                                     First Minister’s Question Time

2.00 pm                                    Question Time—           

                                                Enterprise, Lifelong Learning and Transport;

                                                Justice and Law Officers;

                                                General Questions

3.00 pm                                    Stage 1 Debate on the Emergency Workers (Scotland) Bill

followed by                                Parliamentary Bureau Motions

5.00 pm                                    Decision Time

followed by                                Members’ Business

Wednesday 6 October 2004

9.30 am                                    Time for Reflection

followed by                                Parliamentary Bureau Motions

followed by                                Executive Business

followed by                                Members’ Business

2.00 pm                                    Question Time—

                                                Education and Young People, Tourism, Culture and Sport;

                                                Finance and Public Services and Communities;

                                                General Questions

followed by                                Committee Business

followed by                                Business Motion

followed by                                Parliamentary Bureau Motions

5.00 pm                                    Decision Time

followed by                                Members’ Business

Thursday 7 October 2004

9.30 am                                    Parliamentary Bureau Motions

followed by                                Executive Business

12 noon                                     First Minister’s Question Time

and (b) that the period for lodging questions for Question Time on 6 October 2004 should end at 4.00 pm on Monday 27 September.

The motion was agreed to (by division: For 61, Against 33, Abstentions 17).

4.      Designation of Lead Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau moved S2M-1730—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations 2004 (SSI 2004/383).

The motion was agreed to.

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

The meeting closed at 7.05 pm.

No. 19 Thursday 23 September 2004

The meeting opened at 9.30 am.

1.      A Sporting Scotland is a Successful Scotland: Mr Frank McAveety moved S2M-1733—That the Parliament recognises the significant progress made since devolution in increasing participation in sport through the investment in active schools and the Scottish Executive’s commitment to ensure that every child has at least two hours of high quality physical education; celebrates the continuing success of Scotland’s sportsmen and women, particularly the medallists at the recent Olympics and those competing for medals at the Paralympics currently under way in Athens, of Andrew Murray at the US Open and most recently of Colin Montgomerie as part of the successful European team in the Ryder Cup; endorses the Executive’s ambitions to attract major sporting events in Scotland, building on the successful rugby U21 World Cup; recognises the Executive’s ambitions to invest in sports facilities for all talents and abilities, and seeks the support of all partners in meeting the challenges set out in Sport 21, the national strategy for sport in Scotland.

Michael Matheson moved amendment S2M-1733.1 to motion S2M-1733—

Leave out from “the significant” to end and insert—

“the important contribution of sport in schools, homes, workplaces and communities across Scotland; celebrates the continuing success of Scotland’s sportsmen and women, particularly the medallists at the recent Olympics and those competing for medals at the Paralympics currently under way in Athens, of Andrew Murray at the US Open and most recently of Colin Montgomerie as part of the successful European team in the Ryder Cup, and acknowledges the economic importance of sport to the Scottish economy and calls on the Scottish Executive to demonstrate its ambition to hold major sporting events here in Scotland by supporting the call for a solo Scottish bid for the European Football Championships in 2012.”

After debate, the amendment was disagreed to ((DT) by division: For 11, Against 75, Abstentions 8).

Mr Jamie McGrigor moved amendment S2M-1733.3 to motion S2M-1733—

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

“laments the lack of significant progress made since devolution in increasing participation in sport; congratulates Scotland’s sportsmen and women, particularly the medallists at the recent Olympics and those competing for medals at the Paralympics currently under way in Athens, Andrew Murray at the US Open and most recently Colin Montgomerie as part of the successful European team in the Ryder Cup; endorses the Scottish Executive’s ambitions to attract major sporting events in Scotland, building on the successful rugby U21 World Cup; believes that the Executive’s fixation with arbitrary targets and control of sport is counter-productive, and believes that, rather than over-spending on consultations, initiatives and glossy brochures, funding should be channelled directly to schools and national governing bodies to be spent on facilities and training.”

After debate, the amendment was disagreed to ((DT) by division: For 15, Against 78, Abstentions 1).

Dennis Canavan moved amendment S2M-1733.2 to motion S2M-1733—

Insert at end—

“but recognises that none of the above will be achieved without more resources invested at local level under the auspices of sportscotland and local authorities.”

After debate, the amendment was disagreed to ((DT) by division: For 18, Against 75, Abstentions 1).

The motion was then agreed to (DT) by division: For 71, Against 0, Abstentions 24).

2.      First Minister’s Question Time: Questions were answered by the First Minister (Mr Jack McConnell).

3.      Question Time: Questions were answered by the Minister for Environment and Rural Development (Ross Finnie); by the Minister for Health and Community Care (Malcolm Chisholm); and by other Ministers and junior Scottish Ministers.

4.      Breastfeeding etc. (Scotland) Bill: Elaine Smith moved S2M-1640—That the Parliament agrees to the general principles of the Breastfeeding etc. (Scotland) Bill.

After debate, the motion was agreed to ((DT) by division: For 80, Against 15, Abstentions 0).

5.      Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1732—That the Parliament agrees that the Justice 1 Committee reports to the Justice 2 Committee by 29 September 2004 on the Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations 2004 (SSI 2004/383).

The motion was agreed to.

6.      Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1734—That the Parliament agrees that Mr Andrew Welsh be appointed to replace Mr Kenny MacAskill on the Audit Committee.

The motion was agreed to (DT).

7.      Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1735—That the Parliament agrees that Christine Grahame be appointed to replace Ms Sandra White on the Communities Committee.

The motion was agreed to (DT).

8.      Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1736—That the Parliament agrees that Linda Fabiani be appointed to replace Stewart Stevenson on the Communities Committee.

The motion was agreed to (DT).

9.      Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1737—That the Parliament agrees that Michael Matheson be appointed to replace Brian Adam on the Enterprise and Culture Committee.

The motion was agreed to (DT).

10.    Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1738—That the Parliament agrees that Alasdair Morgan be appointed to replace Fergus Ewing on the Finance Committee.

The motion was agreed to (DT).

11.    Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1739—That the Parliament agrees that Stewart Stevenson be appointed to replace Michael Matheson on the Justice 1 Committee.

The motion was agreed to (DT).

12.    Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1740—That the Parliament agrees that Mr Bruce McFee be appointed to replace Mr Stewart Maxwell on the Justice 1 Committee.

The motion was agreed to (DT).

13.    Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1741—That the Parliament agrees that Mr Stewart Maxwell be appointed to replace Nicola Sturgeon on the Justice 2 Committee.

The motion was agreed to (DT).

14.    Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1742—That the Parliament agrees that Ms Sandra White be appointed to replace Linda Fabiani on the Public Petitions Committee.

The motion was agreed to (DT).

15.    Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1743—That the Parliament agrees that Mr Bruce McFee be appointed to replace Bruce Crawford on the Procedures Committee.

The motion was agreed to (DT).

16.    Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1744—That the Parliament agrees that Linda Fabiani be appointed to replace Alex Neil on the Standards Committee.

The motion was agreed to (DT).

17.    Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1745—That the Parliament agrees that Mr Adam Ingram be appointed to replace Alasdair Morgan on the Subordinate Legislation Committee.

The motion was agreed to (DT).

18.    Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1746—That the Parliament agrees that Fergus Ewing be appointed to replace Mr Bruce McFee on the Local Government and Transport Committee.

The motion was agreed to (DT).

19.    Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1747—That the Parliament agrees that Bruce Crawford be appointed to replace Mr Andrew Welsh on the Local Government and Transport Committee.

The motion was agreed to (DT).

20.    Motion without Notice: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved without notice that the Parliament agrees under Rule 11.2.4 of Standing Orders that Decision Time on Thursday 23 September 2004 be taken at 4.55 pm.

The motion was agreed to.

21.    Decision Time: The Parliament took decisions on items 1, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 as noted above.

22.    Scotland’s Regiments: The Parliament debated S2M-1590 in the name of Murdo Fraser—That the Parliament notes the outstanding commitment and service of Scotland’s six infantry regiments for this country over the centuries; further notes that the recent war in Iraq was the latest conflict which showed Scotland’s regiments to be a modern, effective fighting force as well as institutions steeped in history and tradition; condemns the proposed loss of one of Scotland’s regiments and the amalgamation of existing regiments into one or two new regiments, with the resultant loss of individual regimental identity and traditions; believes that, in a time of increased commitments across the globe, our armed forces must have the necessary resources and structure to protect our country, deter aggression and safeguard our vital interests in the wider world, and considers that the Scottish Executive should make urgent representations to the Ministry of Defence against these proposals in the interests of the Scottish economy and Scotland’s military culture.

23.    Motion without Notice: Murdo Fraser moved without notice that, under Rule 8.14.3, the debate be extended by 25 minutes.

The motion was agreed to.

The meeting closed at 6.13pm.

No. 20 Wednesday 29 September 2004

The meeting opened at 2.30 pm.

1.      Time for Reflection: Rev Dr David Campbell, Holy Trinity Episcopal Church, Dunfermline led Time for Reflection.

2.      Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1782—That the Parliament agrees the following revision to the programme of business for 29 September 2004—

Wednesday 29 September 2004

after,

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

leave out,

followed by                      Executive Debate: Spending Review 2004 – Enterprise, Opportunity and Fairness

and insert,

followed by                      Ministerial Statement on Spending Review 2004 – Enterprise, Opportunity and Fairness

followed by                      Executive Debate on Ministerial Statement on Spending Review 2004 – Enterprise, Opportunity and Fairness

The motion was agreed to.

3.      Ministerial Statement: The Minister for Finance and Public Services (Mr Andy Kerr) made a statement and answered questions on the Spending Review 2004 – Enterprise, Opportunity and Fairness.

4.      Spending Review 2004 – Enterprise, Opportunity and Fairness: Parliament debated the ministerial statement by the Minister for Finance and Public Services (Mr Andy Kerr) on the Spending Review 2004 – Enterprise, Opportunity and Fairness.

5.      Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1780—That the Parliament agrees that Rule 5.6.1(c) of Standing Orders be suspended in respect of Members’ Business on Thursday 7 October 2004.

The motion was agreed to.

6.      Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1781—That the Parliament agrees under Rule 11.2.4 of Standing Orders that Decision Time on Thursday 7 October 2004 be taken at 12.30 pm.

The motion was agreed to.

7.      Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1783—That the Parliament agrees the following programme of business—

Wednesday 6 October 2004

9.30 am                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Ministerial Statement on Efficient Government – Efficiency, Effectiveness and Productivity

followed by                      Executive Debate on Ministerial Statement on Efficient Government – Efficiency, Effectiveness and Productivity

followed by                      Stage 3 of the School Education (Ministerial Powers and Independent Schools) (Scotland) Bill

followed by                      Members’ Business

2.00 pm                          Question Time—

                                      Education and Young People, Tourism, Culture and Sport;

                                      Finance and Public Services and Communities;

                                      General Questions

followed by                      Debate on Enterprise and Culture Committee’s 6th Report, 2004: Renewable Energy in Scotland

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 7 October 2004

9.30 am                          Parliamentary Bureau Motions

followed by                      Executive Debate on Scotland’s International Image

12 noon                          First Minister’s Question Time

followed by                      Parliamentary Bureau Motions

12.30 pm                        Decision Time

Wednesday 27 October 2004

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Executive Business

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 28 October 2004

9.30 am                          Parliamentary Bureau Motions

followed by                      Executive Business

12 noon                          First Minister’s Question Time

2.00 pm                          Question Time—

                                      Environment and Rural Development;

                                      Health and Community Care;

                                      General Questions

3.00 pm                          Executive Business

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

The motion was agreed to.

8.      Approval of SSIs: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved—

S2M-1763—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No.2) (Scotland) Order 2004 (SSI 2004/322) be approved;

S2M-1764—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.5) (Scotland) Order 2004 (SSI 2004/323) be approved;

S2M-1765—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.6) (Scotland) Order 2004 (SSI 2004/330) be approved;

S2M-1766—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Irish Sea) (Scotland) Order 2004 (SSI 2004/340) be approved;

S2M-1767—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.7) (Scotland) Order 2004 (SSI 2004/341) be approved;

S2M-1768—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.8) (Scotland) Order 2004 (SSI 2004/344) be approved;

S2M-1769—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No.3) (Scotland) Order 2004 (SSI 2004/352) be approved;

S2M-1770—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.9) (Scotland) Order 2004 (SSI 2004/359) be approved; and

S2M-1771—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (No.2) (Scotland) Order 2004 (SSI 2004/378) be approved.

After debate, the motions were agreed to ((DT) by division: For 75, Against 21, Abstentions 11).

9.      Committee Remit: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1773—That the Parliament agrees that the remit for the Education Committee be amended to—

To consider and report on matters relating to school and pre-school education, young people and social work and such other matters as fall within the responsibility of the Minister for Education and Young People.

The motion was agreed to (DT).

10.    Designation of Lead Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1774—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the draft Maximum Number of Judges (Scotland) Order 2004.

The motion was agreed to (DT).

11.    Designation of Lead Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1775—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Title Conditions (Scotland) Act 2003 (Conservation Bodies) Amendment Order 2004 (SSI 2004/400).

The motion was agreed to (DT).

12.    Decision Time: The Parliament took decisions on items 8, 9, 10, and 11 as noted above.

13.    Development of Edinburgh Airport: The Parliament debated S2M-1723 in the name of Mrs Margaret Smith—That the Parliament notes the importance of Edinburgh Airport to the local, regional and national economy; further notes projections in Her Majesty’s Government's white paper, The Future of Air Transport, that Edinburgh Airport will need a second runway by 2020; is sceptical that these projected passenger number increases will necessarily come to pass; recognises that, while setting aside land for any second runway may be a sensible precaution, it creates planning blight for a number of households and concern for many others and that construction would necessitate relocation of the Royal Highland showground; believes BAA plc must engage with all the local communities around the airport and keep them up to date with development plans at the airport in as open and transparent a fashion as possible; recognises the problem of noise pollution from current flight levels; believes that greater provision of high-speed rail could offer genuine alternatives to short-haul air travel, with the added benefit of freeing up capacity for more long-haul international flights and reducing the need for a second runway; welcomes the development of tram and rail links to Edinburgh Airport and the development of all transport links that will reduce congestion in the area, and considers that Her Majesty’s Government, the Scottish Executive, BAA plc and all concerned should help deliver sustainable, long-term development of Edinburgh Airport.

The meeting closed at 5.57 pm.

No. 21 Thursday 30 September 2004 

The meeting opened at 9.30 am.

1.      Centralisation of Health Services: Mr David Davidson moved S2M-1784—That the Parliament is opposed to the centralisation of health services across Scotland; notes the threat facing many local hospital services including those at Caithness General Hospital, Western Isles Hospital, Lorne and Islands District General Hospital, Belford Hospital, Inverclyde Royal Hospital, the Vale of Leven Hospital, St John’s Hospital, Stobhill Hospital, the Victoria Infirmary, the Western Infirmary, Wishaw General Hospital, Hairmyres Hospital, Glasgow Homeopathic Hospital, Queen Mother’s Hospital, Ayr Hospital, Perth Royal Infirmary, Forth Park Hospital, Queen Margaret Hospital, Stirling Royal Infirmary, Falkirk Royal Infirmary, Monklands Hospital and Balfour Hospital and the additional threat to many community and long-term care hospitals right across Scotland; believes that this is part of a strategy of centralising services at a handful of elite hospitals which has led to uproar from coast to coast over hospital reorganisation plans, and therefore has no confidence in the ability of the Minister for Health and Community Care to devise and implement a strategy for the NHS which serves the needs of local communities throughout Scotland.

The Minister for Health and Community Care (Malcolm Chisholm) moved amendment S2M-1784.3 to motion S2M-1784—

Leave out from “is opposed” to end and insert—

“acknowledges public concern about the extent of proposed centralisation of health services across Scotland; believes that improvement is essential to ensure that all patients have access to both high-quality specialist services and appropriate medical care delivered locally; recognises that NHS boards must pursue clinical strategies which demonstrate regional planning; notes that boundaries are irrelevant to patients; welcomes the determination of the Scottish Executive to develop the planning of healthcare services across NHS board boundaries, within the context of a national strategy; notes the work of the Parliament’s Health Committee on this issue; welcomes the decision of the Minister for Health and Community Care to make no decision on new proposals for service change that come before him until such times as the Expert Advisory Group chaired by Professor David Kerr has reported; notes that this provides an opportunity to debate what services are best provided locally, regionally and nationally and that the presumption in the interim is that services will be maintained unless there are genuine issues of clinical safety, agreed by the Minister; affirms the Executive policy outlined in Partnership for Care that the patient must be at the centre of the process, and supports a patient-centred policy that acknowledges safety and quality and that also ensures that as many services as possible are provided locally.”

Shona Robison moved amendment S2M-1784.2 to motion S2M-1784—

Leave out from “is opposed” to end and insert—

“is concerned about the centralisation of health services across Scotland; believes that there must be a clear national strategy for the future structure of the NHS in Scotland; therefore calls on the Scottish Executive to suspend all planned reorganisations while a national strategy is developed involving the public and health professionals, and calls on the Minister for Health and Community Care to issue instructions to NHS boards to put in place appropriate arrangements to retain services faced with centralisation and reinstate any that have been withdrawn without full public consultation and ministerial approval.”

Carolyn Leckie moved amendment S2M-1784.1 to motion S2M-1784—

Leave out from “is opposed” to end and insert—

“notes the succession of profound concerns expressed in debates and motions on the NHS; further notes that these concerns are so serious that calls for a moratorium on NHS closures and centralisations have been made for over a year; notes that communities remain at odds with NHS boards and the Scottish Executive over the future of the NHS, that NHS boards implement Executive policy and budgets, notably the expensive PFI/PPP model of funding for capital projects and have no control of pharmaceutical profits, which represent a massive strain on their budgets, that the application of the working time regulations has neither been planned properly nor budgeted for, that new contracts for medical staff at all levels have not been fully funded and that numbers of graduates in all health professions have been, and are, consistently insufficient to meet the needs of patients or a 21st century NHS; believes that NHS boards should be democratically accountable for their responsibilities but that it is the Executive that sets the structural, strategic, financial and political context that they operate in and regrets the failure of the Executive to acknowledge that responsibility in relation to NHS re-organisation or engage in a debate with the public; further believes that the threat of closure of so many important facilities is entrenching the disengagement between communities and government; believes, therefore, that all reorganisation plans in the NHS should be revisited in a national context so that a wide-ranging and meaningful debate about the security and future of the NHS can take place in Scotland, involving all trade unions and professional organisations who represent NHS workers, community organisations, voluntary organisations, the public at large and academics whilst ensuring that resources and strategies are put in place to protect local services until such a debate has taken place and a national strategy is developed that has the confidence of the Scottish people, and sends its support and solidarity to all campaigners attending the demonstration called by the Scottish Health Campaigns Network in Glasgow this Saturday.”

After debate, amendment S2M-1784.3 was agreed to ((DT) by division: For 66, Against 59, Abstentions 0).  As a result amendments S2M-1784.2 and S2M-1784.1 were pre-empted.

The motion as amended was then agreed to ((DT) by division: For 66, Against 54, Abstentions 5). 

Accordingly the Parliament resolved—That the Parliament acknowledges public concern about the extent of proposed centralisation of health services across Scotland; believes that improvement is essential to ensure that all patients have access to both high-quality specialist services and appropriate medical care delivered locally; recognises that NHS boards must pursue clinical strategies which demonstrate regional planning; notes that boundaries are irrelevant to patients; welcomes the determination of the Scottish Executive to develop the planning of healthcare services across NHS board boundaries, within the context of a national strategy; notes the work of the Parliament’s Health Committee on this issue; welcomes the decision of the Minister for Health and Community Care to make no decision on new proposals for service change that come before him until such times as the Expert Advisory Group chaired by Professor David Kerr has reported; notes that this provides an opportunity to debate what services are best provided locally, regionally and nationally and that the presumption in the interim is that services will be maintained unless there are genuine issues of clinical safety, agreed by the Minister; affirms the Executive policy outlined in Partnership for Care that the patient must be at the centre of the process, and supports a patient-centred policy that acknowledges safety and quality and that also ensures that as many services as possible are provided locally.

2.      First Minister’s Question Time: Questions were answered by the First Minister (Mr Jack McConnell).

3.      Question Time: Questions were answered by the Minister for Enterprise and Lifelong Learning (Mr Jim Wallace) and the Minister for Transport (Nicol Stephen); by the Minister for Justice (Cathy Jamieson); and by other Ministers and junior Scottish Ministers.

4.      Emergency Workers (Scotland) Bill – Stage 1: The Minister for Finance and Public Services (Mr Andy Kerr) moved S2M-1079—That the Parliament agrees to the general principles of the Emergency Workers (Scotland) Bill.

After debate, the motion was agreed to ((DT) by division: For 105, Against 20, Abstentions 0).

5.      Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1776—That the Parliament agrees that—

(a) consideration of the Breastfeeding etc. (Scotland) Bill at Stage 2 be completed by 5 November 2004;

(b) the Justice 1 Committee reports to the Justice 2 Committee by 6 October 2004 on the Title Conditions (Scotland) Act 2003 (Conservation Bodies) Amendment Order 2004 (SSI 2004/400); and

(c) the Justice 2 Committee reports to the Justice 1 Committee by 6 October 2004 on the draft Maximum Number of Judges (Scotland) Order 2004.

The motion was agreed to.

6.      Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1772—That the Parliament agrees that Richard Lochhead be appointed to replace Roseanna Cunningham on the Environment and Rural Development Committee.

The motion was agreed to (DT).

7.      Substitution on Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1790—That the Parliament agrees that Mr John Swinney be appointed to replace Mr Andrew Welsh as the Scottish National Party substitute on the Audit Committee.

The motion was agreed to (DT).

8.      Substitution on Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1791—That the Parliament agrees that Ms Sandra White be appointed to replace Shona Robison as the Scottish National Party substitute on the Communities Committee.

The motion was agreed to (DT).

9.      Substitution on Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1792—That the Parliament agrees that Michael Matheson be appointed to replace Tricia Marwick as the Scottish National Party substitute on the Education Committee.

The motion was agreed to (DT).

10.    Substitution on Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1793—That the Parliament agrees that Linda Fabiani be appointed to replace Tricia Marwick as the Scottish National Party substitute on the Equal Opportunities Committee.

The motion was agreed to (DT).

11.    Substitution on Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1794—That the Parliament agrees that Richard Lochhead be appointed to replace Nicola Sturgeon as the Scottish National Party substitute on the European and External Relations Committee.

The motion was agreed to (DT).

12.    Substitution on Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1795—That the Parliament agrees that Alex Neil be appointed to replace Mr Adam Ingram as the Scottish National Party substitute on the Finance Committee.

The motion was agreed to (DT).

13.    Substitution on Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1796—That the Parliament agrees that Mr Stewart Maxwell be appointed to replace Ms Sandra White as the Scottish National Party substitute on the Health Committee.

The motion was agreed to (DT).

14.    Substitution on Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1797—That the Parliament agrees that Brian Adam be appointed to replace Roseanna Cunningham as the Scottish National Party substitute on the Justice 1 Committee.

The motion was agreed to (DT).

15.    Substitution on Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1798—That the Parliament agrees that Mr Kenny MacAskill be appointed to replace Michael Matheson as the Scottish National Party substitute on the Justice 2 Committee.

The motion was agreed to (DT).

16.    Substitution on Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1799—That the Parliament agrees that Mr Bruce McFee be appointed to replace Mr Kenny MacAskill as the Scottish National Party substitute on the Local Government and Transport Committee.

The motion was agreed to (DT).

17.    Substitution on Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1800—That the Parliament agrees that Tricia Marwick be appointed to replace Linda Fabiani as the Scottish National Party substitute on the Procedures Committee.

The motion was agreed to (DT).

18.    Substitution on Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1801—That the Parliament agrees that Stewart Stevenson be appointed to replace Bruce Crawford as the Scottish National Party substitute on the Subordinate Legislation Committee.

The motion was agreed to (DT).

19.    Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1803—That the Parliament agrees that Mr Rob Gibson be appointed to replace Michael Matheson on the Edinburgh Tram (Line One) Bill Committee.

The motion was agreed to (DT).

20.    Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1805—That the Parliament agrees that Helen Eadie be appointed to replace Dr Sylvia Jackson on the Edinburgh Tram (Line One) Bill Committee.

The motion was agreed to (DT).

21.    Decision Time: The Parliament took decisions on items 1, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 as noted above.

22.    Increasing Gender Pay Gap: The Parliament debated S2M-1410 in the name of Ms Sandra White—That the Parliament notes with concern the result of research by PayFinder.com which indicates that the gender pay gap is getting wider, that it has increased by 5% in the last year and that the gap is now 29% in Scotland and believes that this is an unacceptable situation and that the Scottish Executive has a duty to investigate the matter and bring forward proposals to close the gap.

The meeting closed at 5.59 pm.

No. 22 Wednesday 6 October 2004 

The meeting opened at 9 30 am.

1.      Time for Reflection: Mr Graeme Sinclair, Deaf Action led Time for Reflection.

2.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1824—That the Parliament agrees the following revision to the programme of business for 6 October 2004—

Wednesday 6 October 2004

after,

9.30 am                          Time for Reflection

followed by                      Parliamentary Bureau Motions

leave out,

followed by                      Ministerial Statement on Efficient Government – Efficiency, Effectiveness and Productivity

followed by                      Executive Debate on Ministerial Statement on Efficient Government – Efficiency, Effectiveness and Productivity

and insert,

followed by                      First Minister’s Motion to appoint a Minister

followed by                      First Minister’s Motion to appoint Junior Scottish Ministers

The motion was agreed to.

3.      School Education (Ministerial Powers and Independent Schools) (Scotland) Bill – Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1825—That the Parliament agrees that, during Stage 3 of the School Education (Ministerial Powers and Independent Schools) (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 the Stage begins and excluding any periods when other business is under consideration or when the meeting of the Parliament is suspended or otherwise not in progress):

Groups 1 and 2 – no later than 30 minutes
Motion to pass the Bill – 1 hour

The motion was agreed to.

4.      Appointment of Minister: The First Minister (Mr Jack McConnell) moved S2M-1822—That the Parliament agrees that Mr Tom McCabe be appointed as a Minister.

After debate, the motion was agreed to (by division: For 62, Against 36, Abstentions 4.

5.      Appointment of Junior Scottish Ministers: The First Minister (Mr Jack McConnell) moved S2M-1823—That the Parliament agrees that Rhona Brankin and Johann Lamont be appointed as junior Scottish Ministers.

Shona Robison moved amendment S2M-1823.2 to motion S2M-1823—

Leave out “Rhona Brankin and”.

After debate, the amendment was disagreed to (by division: For 35, Against 67, Abstentions 7).

Bill Aitken moved amendment S2M-1823.1 to motion S2M-1823—

Leave out “and Johann Lamont”.

After debate, the amendment was disagreed to (by division: For 36, Against 66, Abstentions 7).

The motion was then agreed to (by division: For 67, Against 36, Abstentions 6).

6.      School Education (Ministerial Powers and Independent Schools) (Scotland) Bill – Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 7, 8, 9 and 10.

Amendment 1 was disagreed to (by division: For 35, Against 59, Abstentions 0).

Other amendments were not moved.

7.      School Education (Ministerial Powers and Independent Schools) (Scotland) Bill – Stage 3: The Minister for Education and Young People (Peter Peacock) moved S2M-1813—That the Parliament agrees that the School Education (Ministerial Powers and Independent Schools) (Scotland) Bill be passed.

After debate, motion was agreed to ((DT) by division: For 68, Against 51, Abstentions 0).

8.      Closure of Telephone Boxes by BT: The Parliament debated S2M-1706 in the name of Bruce Crawford—That the Parliament recognises the value of public telephone boxes as an important public service throughout Scotland in terms of social need and access to emergency services; is concerned about the plans by British Telecom (BT) to close 165 call boxes in towns and villages throughout mid-Scotland and Fife and around 1,000 around Scotland; supports the many community councils who have expressed grave concern at the planned closure of public call boxes in their communities; considers the consultation process conducted by BT to be inadequate, and therefore believes that BT should consult directly with the communities affected and reconsider its plans.

9.      Motion without Notice: Bruce Crawford moved without notice that, under Rule 8.14.3, the debate be extended by 15 minutes.

The motion was agreed to.

10.    Question Time: Questions were answered by the Minister for Education and Young People (Peter Peacock) and the Minister for Tourism, Culture and Sport (Patricia Ferguson); by the Minister for Finance and Public Service Reform (Mr Tom McCabe) and the Minister for Communities (Malcolm Chisholm); and by other Ministers and junior Scottish Ministers.

11.    Enterprise and Culture Committee, Renewable Energy in Scotland: Mike Watson, on behalf of the Enterprise and Culture Committee, moved S2M-1762—That the Parliament commends the 6th Report 2004 (Session 2) of the Enterprise and Culture Committee, Renewable Energy in Scotland, including its support for the Scottish Executive’s ambitious renewable energy targets; recognises that, if the targets are to be met, further development of all sources of renewable energy will be necessary, and urges the Executive to take active steps to ensure that the targets are met from a range of renewable sources including wind, wave, tidal, solar and bio-mass, that energy efficiency measures continue to increase and that the current planning regime is kept under review to facilitate this.

After debate, motion was agreed to (DT).

12.    Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1826—That the Parliament agrees the following programme of business—

Wednesday 27 October 2004

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Executive Business

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 28 October 2004

9.30 am                          Parliamentary Bureau Motions

followed by                      Executive Business

12 noon                          First Minister’s Question Time

2.00 pm                          Question Time—

                                      Environment and Rural Development;

                                      Health and Community Care;

                                      General Questions

3.00 pm                          Executive Business

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Wednesday 3 November 2004

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Executive Business

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 4 November 2004

9.30 am                          Parliamentary Bureau Motions

followed by                      Executive Business

12 noon                          First Minister’s Question Time

2.00 pm                          Question Time—

                                      Enterprise, Lifelong Learning and Transport;

                                      Justice and Law Officers;

                                      General Questions

3.00 pm                          Executive Business

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

The motion was agreed to.

13.    Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1827—That the Parliament agrees—

(a) that consideration of the Gaelic Language (Scotland) Bill at Stage 1 be completed by 4 February 2005; and

(b) that the timetable for completion of consideration of the Prohibition of Smoking in Regulated Areas (Scotland) Bill at Stage 1 be extended to 28 January 2005.

The motion was agreed to.

14.    Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1828—That the Parliament agrees that the draft Housing Grants (Assessment of Contributions) (Scotland) Amendment Regulations 2004 be approved.

The motion was agreed to (DT).

15.       Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1829—That the Parliament agrees that the draft Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004 be approved.

The motion was agreed to (DT).

16.    Decision Time: The Parliament took decisions on items 7, 11, 14 and 15 as noted above.

17.    Reserved Contracts to Support Remploy: The Parliament debated S2M-1406 in the name of Helen Eadie—That the Parliament recognises the work of Remploy in Scotland in supporting 700 people with special needs in employment and congratulates the organisation on its training and development programme which has seen the creation of dedicated learning rooms at all 10 of its employment sites, with 275 employees currently undertaking skills training in language and mathematics and a further 135 involved in other learning activity, and a commitment of at least 5% of working time over a year to be dedicated to personal development; notes that this programme has been implemented in just over two years, and believes that the Scottish Executive and all publicly-funded organisations should examine their procurement policies with a view to reserving contracts for supported employment organisations such as those working with Remploy.

The meeting closed at 5.33 pm.

No. 23 Thursday 7 October 2004 

The meeting opened at 9.30 am.

1.      Scotland’s International Image: The First Minister (Mr Jack McConnell) moved S2M-1831—That the Parliament shares the Scottish Executive’s ambitions to build relationships across national and regional boundaries to deliver social, political, cultural and economic gain; welcomes efforts to promote Scotland’s international image and to attract people to visit, live, work, study and do business in Scotland; acknowledges the importance of promoting Scotland’s interests overseas; agrees that Scotland has a role in meeting the shared responsibilities of the international community, and welcomes the publication of the Executive’s first international strategy.

Nicola Sturgeon moved amendment S2M-1831.2 to motion S2M-1831—

Leave out from “shares” to end and insert—

“believes that the Scottish Executive has so far failed to fully exploit the enormous international goodwill that exists towards Scotland; calls on the Executive to use the Parliament’s limited powers to implement a far more ambitious, strategic and consistent external relations policy and for such a policy to include the establishment of a distinctive presence overseas to promote Scotland, given that Her Majesty’s Government will always be unable and unwilling to promote Scotland with the same degree of enthusiasm and effectiveness that we ourselves could do, and further believes that Scotland will only reap the full benefits of our distinctive international image and be able to play our full part in the world when we acquire the powers of independent statehood enjoyed by our many, internationally-successful neighbours.”

After debate, the amendment was disagreed to ((DT) by division: For 30, Against 80, Abstentions 3).

David McLetchie moved amendment S2M-1831.3 to motion S2M-1831—

Leave out from second “welcomes” to end and insert—

“notes that Scotland’s historic reputation abroad was built on solid achievement, and believes that the successful promotion of Scotland depends primarily on substance rather than image.”

After debate, the amendment was disagreed to ((DT) by division: For 25, Against 65, Abstentions 23).

The motion was then agreed to ((DT) by division: For 82, Against 3, Abstentions 28).

2.      First Minister’s Question Time: Questions were answered by the First Minister (Mr Jack McConnell).

3.      Membership of Committee: Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-1833—That the Parliament agrees that Mrs Mary Mulligan be appointed to replace Bill Butler on the Justice 1 Committee.

The motion was agreed to (DT).

4.      Membership of Committee: Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-1834—That the Parliament agrees that Bill Butler be appointed to replace Karen Whitefield on the Justice 2 Committee.

The motion was agreed to (DT).

5.      Membership of Committee: Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-1835—That the Parliament agrees that Karen Whitefield be appointed to replace Johann Lamont on the Communities Committee.

The motion was agreed to (DT).

6.      Decision Time: The Parliament took decisions on items 1, 3, 4 and 5 as noted above.

The meeting closed at 12.39 pm.

No. 24 Wednesday 27 October 2004

The meeting opened at 2.30 pm.

1.      Time for Reflection: Rev Pauline Steenbergen from Peterhead led Time for Reflection.

2.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1894—That the Parliament agrees the following programme of business—

Wednesday 27 October 2004

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Executive Debate on Tackling Drugs Misuse – Protecting Scotland’s Communities

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business - Debate on the subject of S2M-1655 Mr John Swinney:         Young Carers in Scotland

Thursday 28 October 2004

9.30 am                          Parliamentary Bureau Motions

followed by                      Executive Debate on Improving the Quality and Availability of Scotland’s Housing

12 noon                          First Minister’s Question Time

2.00 pm                          Question Time—

Environment and Rural Development;

Health and Community Care;

General Questions

3.00 pm                          Executive Debate on Making the Most of Scotland’s Forests

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                                Members’ Business - Debate on the subject of S2M-1807 Marilyn Livingstone: National Construction Week, 6 to 13 October 2004

The motion was agreed to.

3.      Tackling Drugs Misuse: Protecting Scotland’s Communities: The Minister for Justice (Cathy Jamieson) moved S2M-1882—That the Parliament commends the Scottish Executive’s integrated approach to reducing the supply of drugs and protecting communities from drug-related offending, improving education and information for young people about the risks from drugs and increasing the range and effectiveness of local drug treatment and rehabilitation services to help people to become free from drug dependence.

Stewart Stevenson moved amendment S2M-1882.1 to motion S2M-1882—

Leave out from “commends” to end and insert—

“agrees that an integrated approach to reducing the supply of drugs, protecting communities from drug-related offending and improving education and information about the risks from drugs is required and that this must provide an increased range and effectiveness of local drug treatment and rehabilitation services to help people to become free from drug dependence which is available at the time each service user takes the step of acknowledging the need for help.”

After debate, the amendment was disagreed to ((DT) by division: For 39, Against 62, Abstentions 18).

Miss Annabel Goldie moved amendment S2M-1882.2 to motion S2M-1882—

Leave out from “commends” to end and insert—

“deplores the escalating drugs abuse problem in Scotland and the implicit reliance on methadone harm reduction programmes and calls for a radical change in policy to reduce demand for drugs by providing a route to abstinence and taking more effective action to cut the supply of drugs.”

After debate, the amendment was disagreed to ((DT) by division: For 19, Against 100, Abstentions 0).

Ms Rosemary Byrne moved amendment S2M-1882.3 to motion S2M-1882—

Leave out from “commends” to end and insert—

“views with concern the growing problem in our communities due to drug misuse; views the current provision for drug treatment and support as entirely inadequate, and urges the Scottish Executive to work with all agencies with a view to integrating services and ensuring full resourcing allowing a range of appropriate services across communities.”

After debate, the amendment was disagreed to ((DT) by division: For 39, Against 61, Abstentions 18).

The motion was then agreed to ((DT) by division: For 88, Against 24, Abstentions 7).

4.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1895—That the Parliament agrees the following programme of business—

Wednesday 3 November 2004

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Executive Debate on Schools

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 4 November 2004

9.30 am                          Parliamentary Bureau Motions

followed by                      Scottish National Party Business

12 noon                          First Minister’s Question Time

2.00 pm                          Question Time—

Enterprise, Lifelong Learning and Transport;

Justice and Law Officers;

General Questions

3.00 pm                          Ministerial Statement on Youth Justice

followed by                      Executive Debate on Domestic Abuse

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Wednesday 10 November 2004

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Executive Business

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 11 November 2004

9.30 am                          Parliamentary Bureau Motions

followed by                      Executive Business

12 noon                          First Minister’s Question Time

2.00 pm                          Question Time—

Education and Young People, Tourism, Culture and Sport;

Finance and Public Services and Communities;

General Questions

3.00 pm                          Committee Business

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

The motion was agreed to.

5.      Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1884—That the Parliament agrees that the Fishing Vessels (Satellite-tracking Devices) (Scotland) Scheme 2004 (SSI 2004/379) be approved.

The motion was agreed to (DT).

6.      Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1885—That the Parliament agrees that the draft Ethical Standards in Public Life etc. (Scotland) Act 2000 (Modification of National Parks (Scotland) Act 2000) Order 2004 be approved.

The motion was agreed to (DT).

7.      Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1886—That the Parliament agrees that the draft Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 2004 be approved.

The motion was agreed to (DT).

8.      Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1887—That the Parliament agrees that the draft Scotland Act 1998 (Modifications of Schedule 5) Order 2004 be approved.

The motion was agreed to (DT).

9.      Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1888—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.10) (Scotland) Order 2004 (SSI 2004/412) be approved.

After debate, the motion was agreed to ((DT) by division: For 69, Against 25, Abstentions 25).

10.    Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1889—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the International Criminal Court (Enforcement of Fines, Forfeiture and Reparation Orders) (Scotland) (Revocation) Regulations 2004 (SSI 2004/437).

The motion was agreed to (DT).

11.    Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1890—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Victim Notification (Prescribed Offences) (Scotland) Order 2004 (SSI 2004/411).

The motion was agreed to (DT).

12.    Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1892—That the Parliament agrees that Alasdair Morgan be appointed to replace Stewart Stevenson on the Edinburgh Tram (Line Two) Bill Committee.

The motion was agreed to (DT).

13.    Decision Time: The Parliament took decisions on items 3, 5, 6, 7, 8, 9, 10, 11 and 12 as noted above.

14.    Young Carers in Scotland: The Parliament debated S2M-1655 in the name of Mr John Swinney—That the Parliament notes with concern the recent report from the Princess Royal Trust for Carers recording the very high number of young people providing care to parents, brothers and sisters and other family members; warmly applauds the young people who give so much of their time, energy and emotion to support their family; pays tribute to the network of projects that provide support for the education, future development and quality of life of young carers in Scotland, and considers that the Scottish Executive should continue to expand support for young carers in Scotland.

15.    Motion without Notice: Mrs Margaret Ewing moved without notice that, under Rule 8.14.3, the debate be extended by 20 minutes.

The meeting closed at 6.23 pm.

No.25 Thursday 28 October 2004 

The meeting opened at 9.31 am.

1.      Improving the Quality and Availability of Scotland’s Housing: The Minister for Communities (Malcolm Chisholm) moved S2M-1898—That the Parliament endorses the Scottish Executive’s commitment to a 30% increase in affordable housing provision by 2007-08 in order to increase the availability of social rented accommodation for homeless people, reduce pressure on waiting lists and help first-time buyers on to the housing ladder; welcomes the introduction of the Housing Quality Standard and the improvements in housing quality that are resulting from substantial community ownership and fuel poverty programmes; recognises the major achievements flowing from devolution for housing in Scotland, such as a modernised and single tenancy in the social rented sector, progressive homelessness legislation and the development of tenant participation and rights, and looks forward to the forthcoming Housing Bill which will raise standards in the private housing sector and strengthen the rights of private sector tenants.

Christine Grahame moved amendment S2M-1898.1 to motion S2M-1898—

Leave out from “endorses” to end and insert—

“recognises that it is a basic human right to have the comfort, security and stability of a warm affordable home and that decent suitable housing is crucial to the individual’s quality of life, whether young or old, and crucial to healthy, thriving communities and the economy at large; notes that, after five years of the Labour/Liberal Democrat coalition, homelessness has increased substantially and that the right to buy has seriously damaged the socially rented sector; therefore calls on the Scottish Executive to revisit its right to buy policy, to utilise the proposed planning and housing legislation to facilitate the provision of affordable housing and to ensure that Scotland’s people have access to the homes they deserve across tenures and that the scourge of rooflessness, bed and breakfast and “sofa surfing” is consigned to history.”

After debate, the amendment was disagreed to ((DT) by division: For 36, Against 79, Abstentions 0).

Bill Aitken moved amendment S2M-1898.2 to motion S2M-1898—

Leave out from “endorses” to end and insert—

“recognises that housing stock transfer to community-based housing associations, a policy introduced by the Conservatives, gives tenants greater rights, responsibilities and input into the way their housing is run; believes that, to improve the standard of public housing for everyone, it is necessary to step up the process of devolving control of housing from local authorities to local community groups; further believes that, to improve the standard and supply of private housing for rent or purchase, a review and modernisation of the Scottish planning system is required to simplify and speed up the development process, and notes with concern the restraint on new housing construction currently imposed in Scotland by the inadequacies of Scottish Water’s sewerage network.”

After debate, the amendment was disagreed to ((DT) by division: For 16, Against 98, Abstentions 2).

Shiona Baird moved amendment S2M-1898.4 to motion S2M-1898—

Leave out from “endorses” to end and insert—

“acknowledges the Scottish Executive’s commitment to increase affordable housing provision and the beneficial consequences that this will have for a range of people in Scotland; notes that the welcome increases in the provision of new affordable housing may be offset by a loss of affordable housing stock through the right to buy; requests that the Executive’s review of right to buy in 2006 under the Housing (Scotland) Act 2001 is informed by an open and comprehensive consultation on future options for right to buy; recognises the Executive’s efforts to improve standards in housing quality, especially with the introduction of the housing quality standard, fuel poverty programmes and the forthcoming Housing Bill; further recognises the contribution that poor quality housing and lack of environmental awareness in housing design make to Scotland’s disproportionate ecological footprint and number of winter deaths; supports WWF Scotland in its call for the Executive to set a target for 10,000 new or refurbished sustainable homes by 2012; believes, therefore, that whilst there have been notable achievements flowing from devolution for housing in Scotland, many challenges lie ahead, and calls on the Executive to report at appropriate intervals on its progress on improving the quality and availability of housing.”

After debate, the amendment was disagreed to ((DT) by division: For 37, Against 79, Abstentions 0).

The motion was then agreed to ((DT) by division: For 66, Against 20, Abstentions 30).

2.      First Minister’s Question Time: Questions were answered by the First Minister (Mr Jack McConnell).

3.      Question Time: Questions were answered by the Minister for Environment and Rural Development (Ross Finnie); by the Minister for Health and Community Care (Mr Andy Kerr); and by other Ministers and junior Scottish Ministers.

4.      Making the Most of Scotland’s Forests: The Deputy Minister for Environment and Rural Development (Lewis Macdonald) moved S2M-1899—That the Parliament recognises the significant contribution which Scotland’s forestry and primary wood processing sector makes to the economy, tourism and jobs; recognises the environmental benefits of the creation and restoration of more than 8,600 hectares of native woodland in the last two years; believes that Scotland’s forests can contribute to the achievement of the Scottish Executive’s renewable energy targets; welcomes the contribution made to delivering greater benefits to communities through 70 partnership agreements between Forestry Commission Scotland and communities and through the setting up of the regional forestry forums and the Strategic Timber Transport Fund, and believes that all stakeholders from the public, private and voluntary sectors should continue to work together to maximise the value of forestry to the economy, the environment and the people of Scotland.

Richard Lochhead moved amendment S2M-1899.1 to motion S2M-1899—

Insert at end—

“; further believes that increased emphasis should be placed on the principal economic concerns of the industry; calls on the Scottish Executive to introduce a specific target to promote the use of forestry for biomass; believes in the objective of a greater mix of public, community and private ownership of forestry, and urges ministers to take further steps to promote the use of timber in the construction industry.”

After debate, the amendment was disagreed to ((DT) by division: For 48, Against 67, Abstentions 0).

Alex Fergusson moved amendment S2M-1899.2 to motion S2M-1899—

Insert at end—

“notes, however, that new planting is at an all-time low, that Forestry Commission Scotland and Forest Enterprise Scotland are budgeted to receive £80 million in the next financial year from the taxpayer with the consequential competitive disadvantage to the private sector and that the promised Executive statement on the link between the agricultural and forestry industries following the introduction of the single farm payment has still not been made, and believes that these factors demonstrate that the Executive betrays a lack of understanding of the importance of the private sector to Scotland’s forestry industry.”

After debate, the amendment was disagreed to ((DT) by division: For 17, Against 71, Abstentions 28).

The motion was then agreed to (DT).

5.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1891—That the Parliament agrees—

(a) that consideration of the Further and Higher Education (Scotland) Bill at Stage 1 be completed by 14 January 2005;

(b) that consideration of the Emergency Workers (Scotland) Bill at Stage 2 be completed by 3 December 2004;

(c) that the Justice 1 Committee reports to the Justice 2 Committee by 28 October 2004 on the Victim Notification (Prescribed Offences) (Scotland) Order 2004 (SSI 2004/411); and

(d) that the Justice 2 Committee reports to the Justice 1 Committee by the 12 November 2004 on the International Criminal Court (Enforcement of Fines, Forfeiture and Reparation Orders) (Scotland) (Revocation) Regulations 2004 (SSI 2004/437).

The motion was agreed to.

6.      Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1905—That the Parliament agrees that Mr Frank McAveety be appointed to replace Rhona Brankin on the Education Committee.

The motion was agreed to (DT).

7.      Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1906—That the Parliament agrees that Mrs Mary Mulligan be appointed to replace Rhona Brankin on the Audit Committee.

The motion was agreed to (DT).

8.      Substitution on Committees: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1907—That the Parliament agrees that Margaret Jamieson be appointed to replace Rhona Brankin as the Labour Party substitute on the Enterprise and Culture Committee.

The motion was agreed to (DT).

9.      Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1908—That the Parliament agrees that Mr Frank McAveety be appointed to replace Kate Maclean on the Finance Committee.

The motion was agreed to (DT).

10.    Decision Time: The Parliament took decisions on items 1, 4, 6, 7, 8 and 9 as noted above.

11.    National Construction Week, 6 to 13 October 2004: The Parliament debated S2M-1807 in the name of Marilyn Livingstone—That the Parliament supports National Construction Week from 6 to 13 October 2004 and recognises the many economic advantages for Scotland that an expanding construction industry will bring, notably in employment preservation and creation, training, skills and provision of the built environment; acknowledges the continuing work of the Cross Party Group on Construction which considers and debates all appropriate issues concerning the structure and operation of the construction industry in Scotland as they may affect all relevant stakeholders; supports the industry’s schemes to register construction firms through the Construction Licensing Executive and workers through approved registration schemes, thereby protecting the public by eradicating rogue traders, enhancing the industry’s image and improving the skills base and health and safety practices, and acknowledges that the Scottish Executive, local authorities and other government bodies can assist by supporting registration schemes by insisting that all public works contractors are committed to them, supporting the education and training infrastructure so that it meets Scotland’s construction requirements, acting as an enlightened client by ensuring, where possible, that there are advance programmes of work on which the industry can plan its skills requirements and provide its workforce with security of employment and ensuring that public works contracts are fair, open, effective and straightforward to administer and deliver.

The meeting closed at 5.54 pm.

No. 26 Wednesday 3 November 2004 

The meeting opened at 2.30 pm.

1.      Time for Reflection: Rev Dr Iain D. Campbell, Free Church, Back, Isle of Lewis led Time for Reflection.

2.      Ambitious, Excellent Schools: The Minister for Education and Young People (Peter Peacock) moved S2M-1925—That the Parliament supports the Scottish Executive’s agenda for the most comprehensive modernisation programme in Scottish schools for a generation, as described in Ambitious, Excellent Schools, which builds on the investment and success in education over recent years and sets out plans to bring a transformation in ambition and achievement through higher expectations for schools and school leadership, greater freedom for teachers and schools, more choice for pupils and better support for learning so that the individual needs of young people can be better met, and tough, intelligent accountabilities to drive improvement.

Fiona Hyslop moved amendment S2M-1925.2 to motion S2M-1925—

Leave out from “supports” to end and insert—

“acknowledges the publication of the proposed changes to education contained in the Scottish Executive’s Ambitious, Excellent Schools but is concerned that many of the proposals are structural, administrative and managerial in nature, depend from a resource perspective on the short-sighted presumption of continued falling school rolls and that, although they may have an impact on the educational experience of a few pupils, they will not provide comprehensive change for all and are centred on a national curriculum review which will deliver only in 2007 after the current generation of pupils has passed though school under Labour ministers of education, and urges the Executive to provide a shared national vision and strategy for education which the nation can contribute to by establishing a National Education Convention to address the persistent under-achievement of 20% of pupils and to provide a pupil-centric education system which can create the conditions for success for this generation of school pupils.”

After debate, the amendment was disagreed to ((DT) by division: For 34, Against 81, Abstentions 0).

Lord James Douglas-Hamilton moved amendment S2M-1925.1 to motion S2M-1925—

Leave out from “supports” to end and insert—

“acknowledges the Scottish Executive’s agenda described in Ambitious, Excellent Schools; recognises, however, that, in order to achieve its aim of promoting ambition and encouraging excellence, schools must be granted greater autonomy and that public funds must be allowed to follow the pupil to any school of the parents’ choosing so that parents can exercise genuine choice between schools and not just within schools, encouraging the expansion of popular schools and the upgrading of unsuccessful schools.”

After debate, the amendment was disagreed to ((DT) by division: For 18, Against 95, Abstentions 2).

Ms Rosemary Byrne moved amendment S2M-1925.3 to motion S2M-1925—

Leave out from “supports” to end and insert—

“believes that all Scottish schools should be ambitious, excellent schools and that a first move towards achieving this would be to reduce all non-practical class sizes to 20 and all practical class sizes to 15 or less as part of a national minimum class size policy.”

After debate, the amendment was disagreed to ((DT) by division: For 11, Against 81, Abstentions 23).

The motion was then agreed to ((DT) by division: For 69, Against 20, Abstentions 26).

3.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1939—That the Parliament agrees the following programme of business—

Wednesday 10 November 2004

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Executive Business

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 11 November 2004

9.30 am                          Parliamentary Bureau Motions

followed by                      Executive Business

12 noon                          First Minister’s Question Time

2.00 pm                          Question Time—

Education and Young People, Tourism, Culture and Sport;

Finance and Public Services and Communities;

General Questions

3.00 pm                          Procedures Committee Debate on its 6th Report 2004: A New Procedure for Members’ Bills and on its 7th Report 2004: Timescales and Stages of Bills

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Wednesday 17 November 2004

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 1 Debate on the Water Services etc. (Scotland) Bill

followed by                      Financial Resolution in respect of the Water Services etc. (Scotland) Bill

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 18 November 2004

9.30 am                          Parliamentary Bureau Motions

followed by                      Stage 1 Debate on the Fire (Scotland) Bill

followed by                      Financial Resolution in respect of the Fire (Scotland) Bill

12 noon                          First Minister’s Question Time

2.00 pm                          Question Time—

Environment and Rural Development;

Health and Community Care;

General Questions

3.00 pm                          Parliamentary Bureau Motions

followed by                      Stage 3 of the Breastfeeding etc. (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

The motion was agreed to.

4.      Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1928—That the Parliament agrees that the draft Maximum Number of Judges (Scotland) Order 2004 be approved.

The motion was agreed to (DT).

5.      Approval of SSIs: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved—

S2M-1929—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (Scotland) Order 2004 (SSI 2004/435) be approved;

S2M-1930—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (No.3) (Scotland) Order 2004 (SSI 2004/436) be approved;

S2M-1931—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No.4) (Scotland) Order 2004 (SSI 2004/417) be approved;

S2M-1932—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.11) (Scotland) Order 2004 (SSI 2004/418) be approved; and

S2M-1933—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.12) (Scotland) Order 2004 (SSI 2004/447) be approved.

After debate, the motions were agreed to ((DT) by division: For 72, Against 18, Abstentions 25).

6.      Substitution on Committees: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1934—That the Parliament agrees that Eleanor Scott be appointed to replace Mr Mark Ruskell as the Green Party substitute on the Environment and Rural Development Committee.

The motion was agreed to (DT).

7.      Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1935—That the Parliament agrees that the Local Government and Transport Committee be designated as lead committee and the Enterprise and Culture Committee be designated as secondary committee in consideration of the Transport (Scotland) Bill at Stage 1.

The motion was agreed to (DT).

8.      Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1936—That the Parliament agrees that the Equal Opportunities Committee be designated as lead committee in consideration of the Prohibition of Female Genital Mutilation (Scotland) Bill at Stage 1.

The motion was agreed to (DT).

9.      Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1937—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Protection of Children and Prevention of Sexual Offences (Scotland) Bill at Stage 1.

The motion was agreed to (DT).

10.    Decision Time: The Parliament took decisions on items 2, 4, 5, 6, 7, 8 and 9 as noted above.

11.    Development and Manufacture of Renewable Energy: The Parliament debated S2M-1674 in the name of Maureen Macmillan—That the Parliament congratulates Highlands and Islands Renewable Energy Group and the trade union Amicus on their initiative to promote the development and manufacture of renewable energy structures, whether for wind, wave or tidal power, in the Highlands and Islands; recognises that there is a skilled engineering workforce available locally; further recognises the considerable socio-economic benefits that would flow from this work to the nearby communities; believes that renewable energy infrastructure would be better supported by these communities if they perceived that it was bringing local economic benefit, and therefore believes that the Scottish Executive should do all it can to support Highland-based companies in bidding for renewables contracts in Scotland and elsewhere.

The meeting closed at 6.05 pm.

No. 27 Thursday 4 November 2004 

The meeting opened at 9.30 am.

1.      A Better Deal for Pensioners: Nicola Sturgeon moved S2M-1940—That the Parliament agrees that Scotland must face up to the twin challenges of tackling current pensioner poverty and ensuring decent living standards for future generations of pensioners; believes that removing the pensions means test would help to achieve both of these objectives, and calls upon the Scottish Executive to bring pressure to bear on Her Majesty’s Government to begin the process of replacing means-testing with a citizen’s pension.

Karen Whitefield moved amendment S2M-1940.5 to motion S2M-1940—

Leave out from “agrees” to end and insert –

“supports the vision of a Scotland in which every older person matters and every person beyond working age has a decent quality of life; considers that older people’s lives have been improved through devolution across a wide range of areas such as health, transport, housing, social justice, volunteering, lifelong learning and tackling anti-social behaviour; recognises the range of measures specifically designed to improve the quality of life of all older people in Scotland, including free personal care for the elderly, free off-peak  local bus travel, the central heating programme and funding for the Warm Deal; endorses the partnership between the Scottish Executive and Her Majesty’s Government to tackle pensioner poverty, and welcomes the Scottish Executive’s continuing commitment to improving the lives of all of Scotland’s senior citizens.”

After debate, the amendment was disagreed to ((DT) by division: For 47, Against 66, Abstentions 1).

Mary Scanlon moved amendment S2M-1940.1 to motion S2M-1940—

Leave out from “believes” to end and insert—

“condemns the Chancellor’s promotion of the means test which acts as a major disincentive to save; believes that linking the basic state pension to earnings would lift a million pensioners out of means-testing over a four year period; calls for greater measures to encourage personal savings, and acknowledges that only a Conservative administration at Westminster can implement these changes for the benefit of all Scotland’s pensioners.”

After debate, the amendment was disagreed to ((DT) by division: For 16, Against 97, Abstentions 1).

Robert Brown moved amendment S2M-1940.4 to motion S2M-1940—

Leave out from “agrees” to end and insert—

“welcomes the progress made by the Scottish Executive in ensuring a better deal for pensioners through the introduction of free personal care, a national free off-peak bus scheme and a free central heating and insulation scheme; recognises that pensions policy is reserved to the UK Government; believes that the UK Government’s policy on pensions has failed as nearly 2 million pensioners are missing out on the pension credits that they are entitled to and deserve due to demeaning and unworkable means-testing, and further believes that the state pension must be reformed to ensure that everyone has a decent income in retirement by implementing the Liberal Democrat proposal for a Citizen’s Pension, initially for those over 75, with entitlement based on residency and not National Insurance contributions, restoring the link between earnings and pensions, making older pensioners better off by £25 per week for single pensioners and lifting one million UK pensioners out of means-testing.”

After debate, the amendment was disagreed to ((DT) by division: For 14, Against 99, Abstentions 1).

John Swinburne moved amendment S2M-1940.2 to motion S2M-1940—

Insert at end—

“and restore the link, broken in 1982, between pensions and average national earnings.”

After debate, the amendment was disagreed to ((DT) by division: For 52, Against 60, Abstentions 1).

The motion was then disagreed to ((DT) by division: For 37, Against 76, Abstentions 1).

2.      First Minister’s Question Time: Questions were answered by the First Minister (Mr Jack McConnell).

3.      Question Time: Questions were answered by the Minister for Enterprise and Lifelong Learning (Mr Jim Wallace) and the Minister for Transport (Nicol Stephen); by the Minister for Justice (Cathy Jamieson), the Solicitor General for Scotland (Mrs Elish Angiolini) and the Lord Advocate (Colin Boyd); and by other Ministers and junior Scottish Ministers.

4.      Ministerial Statement: The Minister for Justice (Cathy Jamieson) made a statement and answered questions on creating safer communities – improving youth justice.

5.      Domestic Abuse Services: The Minister for Communities (Malcolm Chisholm) moved S2M-1943—That the Parliament recognises the very serious and totally unacceptable problem of domestic abuse in Scottish society; notes in particular the traumatic effect of domestic abuse on children and young people as well as on women; acknowledges the range of initiatives in this area that have been funded by the Scottish Executive in the last few years, and welcomes the Scottish Executive’s partnership working and its investment and work to support those experiencing domestic abuse.

Ms Sandra White moved amendment S2M-1943.1 to motion S2M-1943—

Leave out from “and welcomes” to end and insert—

“expresses its concern, however, at the level of secure funding to agencies working in this area and the lack of suitably-located alternative accommodation for the victims of domestic abuse, particularly those with children; further expresses concern that services for elderly people who are victims of domestic abuse are even more limited, and commends the role of Tayside Domestic Abuse Service, the only service of its kind in Scotland where police and a voluntary organisation work together to support the victims of abuse, as a model of effective partnership working.”

After debate, the amendment was disagreed to ((DT) by division: For 51, Against 62, Abstentions 0).

Margaret Mitchell moved amendment S2M-1943.2 to motion S2M-1943—

Leave out from “acknowledges” to end and insert—

“notes with grave concern the escalating pattern of repeat victimisation highlighting the fact that more and more victims are trapped in abusive situations; acknowledges and welcomes the range of initiatives in this area that have been funded by the Scottish Executive in the last few years, and calls on the Executive to continue to explore different means to raise awareness of the issue generally and to ensure that individuals who are trapped in abusive situations are aware of these support services to help them escape from their abusive circumstances.”

After debate, the amendment was disagreed to ((DT) by division: For 47, Against 67, Abstentions 0).

Shiona Baird moved amendment S2M-1943.3 to motion S2M-1943—

Leave out from “recognises” to end and insert—

“notes with concern that, despite Scottish Executive initiatives, domestic abuse continues to be widespread; recognises the recent public opinion poll from Amnesty International showing the level of complacency in society about domestic abuse; believes that tackling domestic abuse will require concerted effort by the Executive including a continued focus on public education and awareness-raising, in particular focusing on education and involving non-perpetrating men, along with extending support for those experiencing domestic abuse; welcomes the Executive’s recent announcement of £6 million funding for children and young people experiencing domestic abuse but calls on the Executive to detail as soon as possible how this funding will be allocated; notes with concern that there is no national funding strategy for domestic abuse services, that funding for Women’s Aid groups throughout Scotland is often on a yearly basis and that the quality of service varies widely according to local authority area and calls on the Executive to put in place a national funding strategy, and recognises that, to tackle domestic abuse effectively, Executive policy-making needs to take into account the interlinkages between all types of gender-based violence and continue to broaden its focus to encompass all forms of violence against women including those in vulnerable minorities.”

After debate, the amendment was disagreed to ((DT) by division: For 37, Against 77, Abstentions 0).

The motion was then agreed to (DT).

6.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1950—That the Parliament agrees the following programme of business—  

Wednesday 10 November 2004

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Ministerial Statement on Smoking

followed by                      Executive Debate on Smoking

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 11 November 2004

9.30 am                          Parliamentary Bureau Motions

followed by                      Executive Debate on Fostering

12 noon                          First Minister’s Question Time

2.00 pm                          Question Time—

Education and Young People, Tourism, Culture and Sport;

Finance and Public Services and Communities;

General Questions

3.00 pm                          Procedures Committee Debate on its 6th Report 2004: A New Procedure for Members’ Bills and on its 7th Report 2004: Timescales and Stages of Bills

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Wednesday 17 November 2004

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 1 Debate on the Water Services etc. (Scotland) Bill

followed by                      Financial Resolution in respect of the Water Services etc. (Scotland) Bill

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 18 November 2004

9.30 am                          Parliamentary Bureau Motions

followed by                      Stage 1 Debate on the Fire (Scotland) Bill

followed by                      Financial Resolution in respect of the Fire (Scotland) Bill

12 noon                          First Minister’s Question Time

2.00 pm                          Question Time—

Environment and Rural Development;

Health and Community Care;

General Questions

3.00 pm                          Parliamentary Bureau Motions

followed by                      Stage 3 of the Breastfeeding etc. (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

The motion was agreed to.

7.      Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1946—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Abolition of Feudal Tenure etc. (Scotland) Act 2000 (Consequential Provisions) Order 2004.

The motion was agreed to (DT).

8.      Decision Time: The Parliament took decisions on items 1, 5 and 7 as noted above.

9.      Launch of the Gretna-Lockerbie-Annan Economic Regeneration Prospectus: The Parliament debated S2M-1877 in the name of David Mundell—That the Parliament welcomes the launch earlier this year of the prospectus published by the Corridor Regeneration Strategy Steering Group outlining key objectives and a number of themes to stimulate economic growth in Gretna, Lockerbie and Annan to address the impact on the area of the cessation of power production at Chapelcross; notes that the regeneration strategy, with its four principal themes of wealth, diversity, inspiration and inclusion, recognises not only the challenges that the Gretna-Lockerbie-Annan corridor now faces, but also the opportunities to be seized; congratulates the steering group on its genuine joined-up and cross-party working to date, and believes that the Scottish Executive should provide all the support that it can to the steering group’s work and to the regeneration of the Gretna-Lockerbie-Annan corridor.

The meeting closed at 5.58 pm.

No. 28 Wednesday 10 November 2004

The meeting opened at 2.30 pm.

1.      Time for Reflection: Rev Father David Trainer, St Columba of Iona Roman Catholic Church, Glasgow led Time for Reflection.

2.      Ministerial Statement: The First Minister (Mr Jack McConnell) made a statement and answered questions on smoking.

3.      Smoking: The Parliament debated the ministerial statement by the First Minister (Mr Jack McConnell) on smoking.

4.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved  S2M-1980—That the Parliament agrees—

(a) the following programme of business—

Wednesday 17 November 2004

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 1 Debate on the Water Services etc. (Scotland) Bill

followed by                      Financial Resolution in respect of the Water Services etc. (Scotland) Bill

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 18 November 2004

9.30 am                          Parliamentary Bureau Motions

followed by                      Stage 1 Debate on the Fire (Scotland) Bill

followed by                      Financial Resolution in respect of the Fire (Scotland) Bill

12 noon                          First Minister’s Question Time

2.00 pm                          Question Time—

                                      Environment and Rural Development;

                                      Health and Community Care;

                                      General Questions

3.00 pm                          Parliamentary Bureau Motions

followed by                      Stage 3 of the Breastfeeding etc. (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Wednesday 24 November 2004

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Executive Business

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 25 November 2004

9.30 am                          Parliamentary Bureau Motions

followed by                      Scottish Green Party Business

12 noon                          First Minister’s Question Time

2.00 pm                          Question Time—

Enterprise, Lifelong Learning and Transport;

Justice and Law Officers;

General Questions

3.00 pm                          Executive Business

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

(b) that consideration of the Transport (Scotland) Bill at Stage 1 be completed by 23 February 2005;

(c) that consideration of the Prohibition of Female Genital Mutilation (Scotland) Bill at Stage 1 be completed by 4 March 2005;

(d) that the Justice 1 Committee reports to the Justice 2 Committee by 12 November 2004 on the draft Abolition of Feudal Tenure etc. (Scotland) Act 2000 (Consequential Provisions) Order 2004; and

(e) that the period for lodging questions for Question Time on 13 January 2005 should end at 10.00 am on Wednesday 5 January 2005.

The motion was agreed to.

5.      Office of the Clerk: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1979—That the Parliament agrees that the Office of the Clerk will be closed on 29, 30 and 31 December 2004.

The motion was agreed to (DT).

6.      Decision Time: The Parliament took a decision on item 5 as noted above.

7.      Science and the Parliament Event, 10 November 2004: The Parliament debated S2M-1840 in the name of Dr Elaine Murray—That the Parliament welcomes the Science and the Parliament 2004 event being held on 10 November 2004, organised by the Royal Society of Chemistry in association with Scotland’s leading science organisations; notes the contribution of Scotland's 40,000 scientists to our economic, environmental and social development; notes that Scotland is a world leader in many scientific disciplines; further notes the Scottish Executive’s efforts to foster an environment that enhances pupil and student participation in science, to invest in the science infrastructure and equipment of our educational establishments, to increase investment in research along with supporting greater industrial research and assist in the practical application of our world-beating research, and welcomes the review of the Executive’s A Science Strategy for Scotland.

The meeting closed at 5.59 pm.

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