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No. 42 Wednesday 12 January 2005

The meeting opened at 2.15 pm.

1.      Time for Reflection: David Searle, Assistant Minister, St Andrew’s Church, Arbroath, led Time for Reflection.

2.      Decision Time: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2236—That the Parliament agrees under Rule 11.2.4 of Standing Orders that Decision Time on Wednesday 12 January 2005 be taken at 5.15 pm.

The motion was agreed to.

3.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2238—That the Parliament agrees the following revision to the programme of business for Wednesday 12 January 2005—

leave out from

“followed by                     Education Committee Debate: 8th Report of the Education Committee on Child Protection Issues”

to

“followed by                     Members’ Business: Debate on the subject of S2M-2216 Rosie Kane: Earthquake and Tsunami which hit the coasts of South Asia on Boxing Day 2004”

and insert

“followed by                     Member’s Oath/Affirmation – Andrew Arbuckle

followed by                      Ministerial Statement on the Tsunami Disaster

followed by                      Education Committee Debate: 8th Report of the Education Committee on Child Protection Issues

followed by                      Motion on the Gambling Bill - UK Legislation

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.15 pm                          Decision Time

followed by     Members’ Business: Debate of the Subject of S2M-2216 Rosie Kane: Earthquake and Tsunami which hit the coasts of South Asia on Boxing Day 2004”

The motion was agreed to.

4.      Oath: Andrew Arbuckle took the oath of allegiance before the Clerk.

5.      Ministerial Statement: The First Minister (Mr Jack McConnell) made a statement and answered questions on the Tsunami Disaster.

6.      Education Committee, Education Committee Report on Child Protection Issues: Robert Brown, on behalf of the Education Committee moved S2M-2190—That the Parliament notes the 8th Report, 2004 (Session 2) of the Education Committee: Report on the Scottish Executive’s Implementation of Recommendations of the “It’s Everyone’s Job To Make Sure I’m Alright” Report (SP Paper 201); notes the Executive’s response to the report, and draws the attention of the Executive to the impact of disclosure requirements, particularly in light of the implementation of the provisions of the Protection of Children (Scotland) Act 2003.

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

7.      Gambling Bill – UK Legislation: The Deputy Minister for Finance and Public Service Reform (Tavish Scott) moved S2M-2118—That the Parliament agrees the principle of including in the Gambling Bill provisions which confer powers on the Scottish Ministers, including powers to set fees and make regulations on the conditions to be attached to gambling premises’ licences and permits, and agrees that the relevant provisions to achieve this end should be considered by the UK Parliament.

After debate, the motion was agreed to ((DT) by division: For 63, Against 55, Abstentions 0).

8.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2237—That the Parliament agrees the following programme of business—

Wednesday 19 January 2005

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Executive Debate: Closing the Opportunity Gap

followed by                      Motion on Constitutional Reform Bill – UK Legislation

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 20 January 2005

9.30 am                          Parliamentary Bureau Motions

followed by                      Stage 1 Debate: Further and Higher Education (Scotland) Bill

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 Debate: Climate Change

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Wednesday 26 January 2005

2.15 pm                          Time for Reflection

followed by                      SPCB Question Time

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 27 January 2005

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—

                                      Education and Young People, Tourism, Culture and Sport;

                                      Finance and Public Services and Communities;

                                      General Questions

3.00 pm                          Stage 1 Debate: Budget (Scotland) (No.2) Bill

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

The motion was agreed to.

9.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2234—That the Parliament agrees that consideration of the Smoking, Health and Social Care (Scotland) Bill at Stage 1 be completed by 29 April 2005.

The motion was agreed to.

10.    Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2235—That the Parliament agrees that the draft Criminal Procedure (Amendment) (Scotland) Act 2004 (Incidental, Supplemental and Consequential Provisions) Order 2005 be approved.

The motion was agreed to. (DT)

11.    Decision Time: The Parliament took decisions on items 6, 7 and 10 as noted above.

12.    Earthquake and Tsunami, Boxing Day 2004: The Parliament debated S2M-2216 in the name of Rosie Kane—That the Parliament is horrified by the catastrophic earthquake and tsunami which hit southern Asia and parts of Africa on Boxing Day, 2004; mourns the enormous loss of lives from Malaysia to Somalia, particularly in Indonesia and Sri Lanka, more than half of whom are expected to be children; congratulates NGOs like Oxfam, the Red Cross, the Scottish Catholic International Aid Fund and others for their instant and courageous response; is concerned that this region did not have the benefit of an early warning system, despite the fact that it sits on a known fault line; is concerned at the initial level of aid offered by the UK Government and believes that the current promised aid is inadequate and should be increased to meet the needs of the entire region; encourages everyone in Scotland to help in any way they can, commensurate with their means, and considers that the Scottish Executive and those in power should set an example above and beyond the support of the Scottish people to ensure that Scotland sends a clear message of support in both words and deeds.

The meeting closed at 6.02 pm.

No. 43 Thursday 13 January 2005

The meeting opened at 9.30 am.

1.      Make Poverty History: Nicola Sturgeon moved S2M-2240—That the Parliament expresses sympathy and support for the individuals, families and countries devastated by the effects of the tsunami; congratulates the people of Scotland for their magnificent efforts in collecting money and supplies to help ease the immediate plight of those affected and encourages all MSPs to make a payroll donation of one day’s pay to the appeals; recognises that long-term support is needed to restore the infrastructure of the countries of South East Asia and that Scotland is well placed to assist in this vital work; calls for a summit of Scottish aid agencies and other interested parties to be organised to discuss and co-ordinate such activities; recognises that more than 200,000 people die of preventable causes every week and that more assistance by the richer countries is needed to tackle global poverty, and supports the Make Poverty History campaign which seeks to remind the member countries which make up the G8 of their responsibilities to the rest of the world and to demand that they take action on debt repayments, trade agreements and aid assistance to prevent people dying because of starvation and poverty.

Patricia Ferguson moved amendment S2M-2240.2 to motion S2M-2240—

Leave out from "and encourages” to end and insert—

 “; notes that the Parliament will facilitate individual payroll donations to the appeals; recognises that long-term support is needed to restore the infrastructure of the countries of South East Asia and that Scotland is well placed to assist in this vital work; notes the meeting of Scottish aid agencies convened by the Scottish Executive to discuss and co-ordinate such activities; notes the continuing dialogue with Scottish aid agencies during this crisis; recognises that more than 200,000 people die of preventable causes every week and that more assistance is needed by the richer countries to tackle global poverty; supports the campaign to make poverty history, and notes the work being undertaken by the Scottish Executive with the Scottish aid agencies and others in the run-up to the G8 summit to support action on debt repayments, trade agreements and aid assistance to prevent people dying because of starvation and poverty.”

Mark Ballard moved amendment S2M-2240.4 to motion S2M-2240—

Insert at end—

“; and believes that such action by the international community must seek to take the final historic step in delivering full debt relief for the debt burdened countries and be based on the principles of fair trade relationships between rich and poor countries, through ensuring that international trade policy is designed to help the poorest countries and the removal of unjust tariffs and trade barriers, and supports the call for a commitment and a timetable for the achievement of the UN target of 0.7% of GDP in overseas development assistance.”

Dennis Canavan moved amendment S2M-2240.3 to motion S2M-2240—

Leave out from “calls for a summit” to end and insert—

 “; therefore welcomes the recent meeting between the Scottish Executive, aid agencies and other interested parties; recognises that more than 200,000 people die of preventable causes every week and that more assistance by the richer countries is needed to tackle global poverty; notes that the Make Poverty History campaign is a timely reminder that the richer countries must take more effective action on debt repayments, trade agreements and aid, which are inextricably linked; demands that, if the poorest countries are to be lifted out of abject poverty, the G8 and the European Union (EU) must require governments of countries in receipt of economic and structural aid to do all in their power to ensure its fair and equitable distribution, and reminds the G8 and EU of their responsibility to ensure that their policies are not ultimately rendered ineffective by the actions of national and international organisations which have prospered under the current unfair international trade, debt and aid conditions.”

After debate, the motion was, with the approval of the Parliament, withdrawn. Accordingly, amendments S2M-2240.2, S2M-2240.4 and S2M-2240.3 fell.

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.      Improving Rights and Services for Victims and Witnesses: The Deputy Minister for Justice (Hugh Henry) moved S2M-2241—That the Parliament acknowledges that the interests and diverse needs of victims and witnesses are central to criminal justice reform; welcomes recent legislation that improves the status of victims and witnesses in the justice system, including the Vulnerable Witnesses (Scotland) Act 2004 and the Criminal Justice (Scotland) Act 2003; notes the progress made in implementing the Strategy for Scottish Victims and the recommendations of the Lord Advocate’s Working Group on Support for Child Witnesses; notes the major steps that have been taken within the Crown Office and Procurator Fiscal Service, in particular the establishment of the Victims Information and Advice Service and the instigation of a detailed review of the investigation and prosecution of sexual offences, and recognises the Executive’s commitment to make further improvements for victims including the reflection of their interests in proposals for reducing re-offending.

Mr Kenny MacAskill moved amendment S2M-2241.2 to motion S2M-2241—

Insert at end—

 “; further notes that, whilst it is a citizen’s duty to report crime and testify, in doing so significant difficulties and dangers can be encountered by many; calls for additional assistance to be given towards rehousing and protection including a specific Scottish Witness Protection Programme, and further recognises the serious psychological effect that being a witness or victim of crime often involves and so calls for any future reform in this area to include adequate provision for treatment of trauma.”

After debate, the amendment was disagreed to ((DT) by division: For 25, Against 83, Abstentions 7).

Miss Annabel Goldie moved amendment S2M-2241.1 to motion S2M-2241—

Insert at end—

“; believes, however, that the best support and protection that can be given to witnesses and victims is to cut crime in Scotland, and therefore calls for a greatly-increased police presence in our communities to deter and detect crime, a review of the use of bail and an end to automatic early release from prisons.”

After debate, the amendment was disagreed to ((DT) by division: For 17, Against 99, Abstentions 0).

5.      Decision Time: The Parliament took decisions on item 4 as noted above.

6.      Sustaining Agriculture and Sustaining Communities: The Parliament debated S2M-2209 in the name of Jamie Stone—That the Parliament believes that sustaining a viable agricultural sector involves encouraging an increase in employment on Scotland’s land and that this would strengthen the contribution of agriculture to the viability of rural communities and contribute to the nutritional health of Scotland.

The meeting closed at 5.54 pm.

No. 44 Wednesday 19 January 2005

The meeting opened at 2.30 pm.

1.      Time for Reflection: Mr Jim McColgan, Head Teacher, Echline Primary School led Time for Reflection.

2.      Closing the Opportunity Gap: The Minister for Communities (Malcolm Chisholm) moved S2M-2265—That the Parliament acknowledges the progress made in reducing poverty and extending opportunities in Scotland but recognises there is much more to do; welcomes the Scottish Executive’s commitment to closing the opportunity gap for those most excluded in urban and rural communities, and supports the Executive’s plans to deliver objectives and targets for increasing the chances of sustained employment for vulnerable and disadvantaged groups, improving the confidence and skills of the most disadvantaged children and young people, reducing the vulnerability of low income families to financial exclusion and multiple debts, regenerating the most disadvantaged neighbourhoods, increasing the rate of improvement of the health status of people living in the most deprived communities and improving access to high quality services for the most disadvantaged groups and individuals.

Christine Grahame moved amendment S2M-2265.2 to motion S2M-2265—

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

“but only in very limited areas; notes that one in three children, one in five working-age adults and one in five pensioners live in relative poverty despite Scotland’s wealth; notes the recent report by the Joseph Rowntree Foundation, Strategies Against Poverty, published in December 2004 which highlighted the link between deprivation and problems such as crime, poor health, premature death, family breakdown and poor educational attainment; further notes that, according to the Joseph Rowntree Foundation, what is required is a modest redistribution of wealth, and believes that, without power over the macro-economy, tax and benefits, any progress towards eradicating poverty will continue to be minimal so that many of Scotland’s children will continue to be born to fail and our pensioners will live in poverty or on its margins.”

After debate, the amendment was disagreed to ((DT) by division: For 36, Against 79, Abstentions 2).

Bill Aitken moved amendment S2M-2265.1 to motion S2M-2265—

Leave out from “progress” to end and insert—

“everyday reality of poverty for many people living in our communities; is shocked that eight of the 10 UK local authorities with the lowest male life expectancy are in Scotland, which is wholly unacceptable in the 21st century; further acknowledges that those living in poverty suffer disproportionately from inadequate public services; therefore regrets that the Scottish Executive’s own policies on health, education and crime are serving to entrench the opportunity gap rather than reduce it; believes that concrete policy decisions rather than “objectives and targets” are required to eliminate poverty, and calls on the Executive to give every person in Scotland, regardless of income, the right to choose the school or hospital of their choice and so end the present two-tier system which deprives those in our poorest communities of quality education and health care.”

After debate, the amendment was disagreed to ((DT) by division: For 19, Against 96, Abstentions 4).

The motion was then agreed to ((DT) by division: For 71, Against 19, Abstentions 29).

3.      Constitutional Reform Bill – UK Legislation: The Deputy Minister for Justice (Hugh Henry) moved S2M-2119—That the Parliament agrees the principle of having a clear and transparent separation between the judiciary and the legislature and agrees that provisions in the Constitutional Reform Bill establishing a Supreme Court, and provisions consequential thereto, so far as they relate to matters within the legislative competence of the Parliament, should be considered by the UK Parliament.

After debate, the motion was agreed to ((DT) by division: For 63, Against 56, Abstentions 0).

4.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2272—That the Parliament agrees the following programme of business—

Wednesday 26 January 2005

2.15 pm                          Time for Reflection

followed by                      SPCB Question Time

followed by                      Parliamentary Bureau Motions

followed by                      Executive Debate: Elderly People

followed by                      Motion on Railways Bill – UK Legislation

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 27 January 2005

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—

                                      Education and Young People, Tourism, Culture and Sport;

                                      Finance and Public Services and Communities;

                                      General Questions

3.00 pmMinisterial Statement:  Sexual Health

followed by                      Stage 1 Debate:  Budget (Scotland) (No.2) Bill

followed by                      Motion on National Lottery Bill – UK Legislation

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Wednesday 2 February 2005

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 1 Debate: Gaelic Language (Scotland) Bill

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

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 3 February 2005

9.30 am                          Parliamentary Bureau Motions

followed by                      Scottish National Party 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.

5.      Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2266—That the Parliament agrees that the draft Waste (Scotland) Regulations 2005 be approved.

The motion was agreed to (DT).

6.      Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2267—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Solicitors (Scotland) Act 1980 (Compensation for Inadequate Professional Services) Order 2004 (SSI 2004/550).

The motion was agreed to (DT).

7.      Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2268—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Title Conditions (Scotland) Act 2003 (Notice of Potential Liability for Costs) Amendment Order 2004 (SSI 2004/552).

The motion was agreed to (DT).

8.      Decision Time: The Parliament took decisions on items 2, 3, 5, 6 and 7 as noted above.

9.      Eco Schools Programme: The Parliament debated S2M-2141 in the name of Cathie Craigie—That the Parliament recognises the importance of education in raising environmental awareness; notes the continuing and growing success of the Eco Schools programme, run in Scotland by Keep Scotland Beautiful; encourages the Scottish Executive to give continued support to the programme, and congratulates Whitelees Primary School in Cumbernauld on being the 100th school in Scotland to be awarded a Green Flag.

The meeting closed at 5.54 pm.

No. 45 Thursday 20 January 2005

The meeting opened at 9.30 am.

1.      Further and Higher Education (Scotland) Bill – Stage 1: The Minister for Enterprise and Lifelong Learning (Mr Jim Wallace) moved S2M-2273—That the Parliament agrees to the general principles of the Further and Higher Education (Scotland) Bill.

After debate, the motion was agreed to ((DT) by division: For 110, Against 1, Abstentions 4).

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 the Lord Advocate (Colin Boyd); and by other Ministers and junior Scottish Ministers.

4.      Climate Change: The Minister for Environment and Rural Development (Ross Finnie) moved S2M-2275—That the Parliament welcomes the Scottish Executive’s review of its Scottish Climate Change Programme; notes the corresponding review of the UK Climate Change Programme and the Scottish contribution to this; supports the Executive’s commitment to consider options for strengthening its strategic approach to climate change, its commitment to deliver improved greenhouse gas emissions data and its commitment to assess the practicability of introducing Scottish climate change targets, and agrees that climate change, as part of the Executive’s commitment to sustainable development, is integral to policy-making in Scotland.

Richard Lochhead moved amendment S2M-2275.1 to motion S2M-2275—

Leave out from “notes” to end and insert—

“is disappointed to note that a comparison of our per capita greenhouse gas emissions with the United Kingdom and the other EU member states shows Scotland with the fourth highest level of emissions; urges the Executive to adopt ambitious targets in relation to its relevant devolved responsibilities and to take necessary steps to ensure Scotland is able to mitigate and adapt to inevitable climate change; recognises that greenhouse gas emissions can be reduced by a range of measures, including the acceleration of renewables projects, energy efficiency, increased forestry cover, promoting research and development of clean technologies, and greater promotion of public transport, but recognises that, in order to effectively tackle climate change, Scotland requires the powers enjoyed by independent countries, including powers over fiscal, energy, aviation and foreign policy.”

After debate, the amendment was disagreed to ((DT) by division: For 28, Against 80, Abstentions 7).

Alex Johnstone moved amendment S2M-2275.2 to motion S2M-2275—

Leave out from “welcomes” to end and insert—

“notes the Scottish Executive’s review of its Scottish Climate Change Programme and the corresponding review of the UK Climate Change Programme and, however, urges the Executive to take a more meaningful and balanced approach in supporting other renewable technologies like wave and tidal power and energy from biomass and waste, as well as nuclear technology, which offer long-term opportunities for Scotland at a lower cost to our landscape.”

After debate, the amendment was disagreed to ((DT) by division: For 17, Against 97, Abstentions 1).

Mr Mark Ruskell moved amendment S2M-2275.3 to motion S2M-2275—

Leave out from “supports” to end and insert—

“is gravely concerned about the impacts of climate change on Scotland and the rest of the world and its implications for communities, the economy and the environment; is concerned that Scotland is failing to make an equitable contribution to the UK reduction of global greenhouse gas pollution; urges the Executive to set specific carbon reduction targets for Scotland with the aim of a minimum of 60% reduction in greenhouse gases by 2050, as recommended by the Royal Commission on Environmental Pollution; calls for a halt to Executive policies and projects that will undermine progress towards achieving this target; further calls on the Executive to set challenging energy efficiency targets in both the domestic and business sectors, recognising the economic opportunities that this affords; believes that there must be an accelerated introduction of all forms of sustainable renewable energy technology, including wave and tidal power, and considers that there is no place for expensive and unsustainable nuclear power in a sustainable Scotland.”

After debate, the amendment was disagreed to ((DT) by division: For 15, Against 79, Abstentions 20).

The motion was then agreed to ((DT) by division: For 85, Against 21, Abstentions 9).

5.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2269—That the Parliament agrees that the timetable for completion of consideration of the Prohibition of Smoking in Regulated Areas (Scotland) Bill at Stage 1 be extended to 30 December 2005.

The motion was agreed to.

6.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2270—That the Parliament agrees (a) that the Justice 2 Committee reports to the Justice 1 Committee by 28 January 2005 in relation to the Solicitors (Scotland) Act 1980 (Compensation for Inadequate Professional Services) Order 2004 (SSI 2004/550); and (b) that the Justice 1 Committee reports to the Justice 2 Committee by 28 January 2005 in relation to the Title Conditions (Scotland) Act 2003 (Notice of Potential Liability for Costs) Amendment Order 2004 (SSI 2004/552).

The motion was agreed to.

7.      Decision Time: The Parliament took decisions on items 1 and 4 as noted above.

8.      Robert Burns National Heritage Park: The Parliament debated S2M-2114 in the name of Mr Adam Ingram—That the Parliament deplores the impending disintegration of the Robert Burns National Heritage Park; questions the wisdom of the actions of South Ayrshire Council in withdrawing from the joint board responsible for the park and, in particular, in leasing out the park’s visitor centre, the Tam O’Shanter Experience, to a commercial operator thereby eliminating a vital income stream for the upkeep of the Burns cottage and museum; expresses alarm at the formal withdrawal of an application to the Heritage Lottery Fund which, if granted, would have allowed rebuilding and modernisation of the Burns museum enabling proper storing, archiving and display, and considers that all interested parties should work together to ensure that flagship assets for Burns heritage tourism are properly developed in good time for the major events planned for the 2009 Homecoming Year, marking the 250th anniversary of the birth of the national bard.

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

The motion was agreed to.

The meeting closed at 6.15 pm.

No. 46 Wednesday 26 January 2005

The meeting opened at 2.15 pm.

1.      Time for Reflection: Dr Kenneth Collins, President, Glasgow Jewish representative Council led Time for Reflection.

2.      SPCB Question Time: Questions were answered by members of the Scottish Parliamentary Corporate Body.

3.      Older People: The Deputy Minister for Communities (Johann Lamont) moved S2M-2298—That the Parliament recognises the contribution that older people bring to our communities; recognises the substantial progress that has been made in meeting the needs of older people through policies such as free personal and nursing care, the central heating programme and free bus travel anywhere in Scotland at any time of day; welcomes other policy initiatives that benefit older people by promoting volunteering and lifelong learning and tackling anti-social behaviour; seeks to build on these by recognising the diversity of older people and tackling ageism, and welcomes the involvement of older people through the Older People’s Consultative Forum, and in other ways, in the development of policy across the Scottish Executive.

Christine Grahame moved amendment S2M-2298.1 to motion S2M-2298—

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

“for example, as role models, carers and volunteers; recognises the progress that has been made through policies such as free personal care, the central heating programme and the commitment to national free bus travel by 2006; considers, however, that the state pension is inadequate for a basic living standard and requires to be supplemented by the means-tested pension credit which some 30% of pensioners fail to claim; notes that one in five pensioners live in poverty, with some 70% in council tax poverty, and that excess winter mortality rates are three times higher in Scotland than in Germany and Sweden, and asserts that, without an increase in the powers of the Parliament to deliver a citizen’s pension providing a decent standard of living which will bring security, dignity, independence and choice, improvements to the lives of Scotland’s elderly can only be at the margins.”

After debate, the amendment was disagreed to ((DT) by division: For 40, Against 82, Abstentions 0).

Mary Scanlon moved amendment S2M-2298.3 to motion S2M-2298—

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

“acknowledges that substantial progress needs to be made to meet the needs of older people which achieves a sustainable funding agreement to reduce bed-blocking and to end the inequality in funding between council-run homes and independent homes; calls on the Scottish Executive to ensure that all elderly people assessed for free personal and nursing care are given the appropriate care in the environment which suits their needs, either at home or in residential care; acknowledges the central heating programme and free bus travel anywhere in Scotland; looks to the Executive to propose policy initiatives that benefit older people by promoting volunteering and lifelong learning and tackling anti-social behaviour, and calls on the Executive to build on these by recognising the diversity of older people and tackling ageism and encouraging the greater involvement of older people through the Older People’s Consultative Forum, and in other ways, in the development of policy across the Scottish Executive.”

After debate, the amendment was disagreed to ((DT) by division: For 44, Against 71, Abstentions 7).

John Swinburne moved amendment S2M-2298.2 to motion S2M-2298—

Insert at end—

“, accepts that, despite these actions, there remains a growing problem of the ageing population demographic timebomb and believes that, without immediate, positive Executive action, many older people will continue to be adversely affected and die in this wealthy society in the 21 st century.”

After debate, the amendment was disagreed to ((DT) by division: For 40, Against 65, Abstentions 17).

The motion was then agreed to ((DT) by division: For 86, Against 0, Abstentions 35).

4.      Railways Bill – UK Legislation: The Minister for Transport (Nicol Stephen) moved S2M-2244—That the Parliament agrees that those provisions that confer executive powers and functions on the Scottish Ministers in the Railways Bill and those that relate to devolved matters should be considered by the UK Parliament.

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

5.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2316—That the Parliament agrees the following programme of business—

Wednesday 2 February 2005

2.00 pm                           Time for Reflection

followed by                       Parliamentary Bureau Motions

followed by                       Stage 1 Debate: Gaelic Language ( Scotland) Bill

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

followed by                       Motion on Serious Organised Crime and Police Bill – UK            Legislation

followed by                       Business Motion

followed by                       Parliamentary Bureau Motions

5.00 pm                           Decision Time

followed by                       Members’ Business

Thursday 3 February 2005

9.30 am                           Parliamentary Bureau Motions

followed by                       Scottish National Party 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                           Ministerial Statement: Grant Awards

followed by                       Executive Debate: Local Government Finance ( Scotland) Order 2005

followed by                       Motion on Inquiries Bill – UK Legislation

followed by                       Parliamentary Bureau Motions

5.00 pm                           Decision Time

followed by                       Members’ Business

Wednesday 9 February 2005

2.30 pm                           Time for Reflection

followed by                       Parliamentary Bureau Motions

followed by                       Stage 3 Proceedings: Water Services ( Scotland) Bill

followed by                    Stage 3 Proceedings: Budget ( Scotland) (No.2) Bill

followed by                    Business Motion

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members’ Business

Thursday 10 February 2005

9.30 am                        Parliamentary Bureau Motions

followed by                    Non-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

After debate, the motion was agreed to (by division: For 65, Against 56, Abstentions 1).

6.      Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2303—That the Parliament agrees that Mike Pringle be appointed to replace Mr Jamie Stone on the Enterprise and Culture Committee.

The motion was agreed to (DT).

7.      Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2304—That the Parliament agrees that Iain Smith be appointed to the European and External Relations Committee.

The motion was agreed to (DT).

8.      Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2305—That the Parliament agrees that Mr Andrew Arbuckle be appointed to replace Jeremy Purvis on the Finance Committee.

The motion was agreed to (DT).

9.      Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2306—That the Parliament agrees that Mr Jamie Stone be appointed to replace Margaret Smith on the Justice 1 Committee.

The motion was agreed to (DT).

10.    Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2307—That the Parliament agrees that Jeremy Purvis be appointed to replace Mike Pringle on the Justice 2 Committee.

The motion was agreed to (DT).

11.    Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2308—That the Parliament agrees that Margaret Smith be appointed to replace Iain Smith on the Local Government and Transport Committee.

The motion was agreed to (DT).

12.    Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2309—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the draft Land Reform ( Scotland) Act 2003 (Modification) Order 2005.

The motion was agreed to (DT).

13.    Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2310—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 2005 (SSI 2005/9).

The motion was agreed to (DT).

14.    Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2313—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the draft Remote Monitoring Requirements (Prescribed Courts) ( Scotland) Regulations 2005.

The motion was agreed to (DT).

15.    Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2301—That the Parliament agrees that the draft Council Tax (Discount for Unoccupied Dwellings) ( Scotland) Regulations 2005 be approved.

The motion was agreed to (DT).

16.    Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2302—That the Parliament agrees that the draft Scotland Act 1998 (Modifications to Schedule 5) Order 2005 be approved.

The motion was agreed to (DT).

17.    Decision Time: The Parliament took decisions on items 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 as noted above.

18.    St Mirren Football Club: The Parliament debated S2M-2065 in the name of Ms Wendy Alexander—That the Parliament congratulates St Mirren Football Club for issuing a lifetime ban to two supporters caught making racial taunts at opposition players during a Scottish Football League (SFL) Division One fixture at St Mirren Park; recognises that St Mirren’s prompt action highlights that the club is serious about implementing the measures contained within UEFA’s 10 point action plan to combat racism in the sport; hopes that the players and staff of other SFL clubs follow in St Mirren’s footsteps for similar incidents, and welcomes remarks from the manager and chairman that St Mirren Football Club is a family-friendly club and this type of behaviour will not be tolerated.

The meeting closed at 5.52 pm.

No. 47 Thursday 27 January 2005

The meeting opened at 9.30 am.

1.      Energy Policy: Alex Johnstone moved S2M-2320—That the Parliament is concerned that the Scottish Executive’s renewable energy policy is unduly biased in favour of wind power to the detriment of other renewable technologies, which has led to widespread local opposition to wind farm developments throughout the country and to higher costs for electricity; furthermore agrees with Allan Wilson MSP, Deputy Minister for Enterprise and Lifelong Learning, that the concerns of security of supply and the need for emission reductions mean that it is time for an open-minded debate into the future of nuclear energy in Scotland; supports John Home Robertson MSP’s proposal for a Cross Party Group on the civil nuclear industry, and calls on the Executive to work in partnership with the UK Government to create a long-term plan for Scotland’s energy needs which b alances renewable production with nuclear energy.

The Deputy Minister for Enterprise and Lifelong Learning (Allan Wilson) moved amendment S2M-2320.4 to motion S2M-2320—

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

“welcomes the Scottish Executive’s study into present and future energy supply and demand in Scotland; supports the Executive’s position of not supporting the further development of nuclear power stations while waste management issues remain unresolved; supports the Executive’s continuing commitment to the development of renewable energy in Scotland, including wind, wave, tidal, solar and biomass power, as a key element of a b alanced energy supply portfolio; supports the Executive’s commitment to achieving 40% renewable electricity generation by 2020, and welcomes the Executive’s proposal in the Review of the Climate Change Programme to create an Energy Efficiency Strategy for Scotland.”

Richard Lochhead moved amendment S2M-2320.2 to motion S2M-2320—

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

“believes that Scotland is well placed to be Europe’s energy powerhouse given our massive energy resources; believes that onshore and offshore wind energy is an important element in a b alanced renewables policy but that the development of other renewables must be accelerated; shares the frustration expressed by many others, including Highland Council and the Parliament’s Enterprise and Culture Committee, who are calling for a national strategic framework for wind farm developments; calls on the Scottish Executive to ensure that the UK Government does not introduce any charging scheme for access to the grid that discriminates against renewables in Scotland; believes that no new nuclear power stations should be built in Scotland, and calls for the Scottish Parliament to have control over energy policy and oil and gas revenues.”

Shiona Baird moved amendment S2M-2320.3 to motion S2M-2320—

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

“welcomes the political consensus that climate change is a reality and that alternatives to fossil fuel energy sources must be developed in order to curtail emissions of greenhouse gases; strongly believes that Scotland’s energy future requires a wide range of environmentally-sustainable energy sources; agrees with the Enterprise and Culture Committee’s Inquiry into renewable energy that Scotland needs to develop urgently all forms of renewable energy including marine, on and off-shore wind and solar sources; believes that a much greater focus on energy efficiency across all sectors must be central to any energy policy; notes the International Atomic Energy Agency’s view that nuclear power will be unable to halt climate change and considers that the case for nuclear power in Scotland’s long-term energy future remains completely unconvincing, and calls for more powers over energy policy to be devolved to the Scottish Parliament.”

Frances Curran moved amendment S2M-2320.1 to motion S2M-2320—

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

“; calls on the Executive to state categorically that no new nuclear power stations will be built in Scotland, bring forward the closure dates of all existing nuclear power stations in Scotland, initiate an immediate programme of investment in all aspects of renewable energy and create a publicly-owned, publicly-resourced renewable energy industry.”

After debate, amendment S2M-2320.4 was agreed to ((DT) by division: For 64, Against 49, Abstentions 2). As a result, amendments S2M-2320.2. S2M-2320.3 and S2M-2320.1 were pre-empted.

The motion, as amended was then agreed to ((DT) by division: For 64, Against 46, Abstentions 6).

Accordingly the Parliament resolved—That the Parliament welcomes the Scottish Executive’s study into present and future energy supply and demand in Scotland; supports the Executive’s position of not supporting the further development of nuclear power stations while waste management issues remain unresolved; supports the Executive’s continuing commitment to the development of renewable energy in Scotland, including wind, wave, tidal, solar and biomass power, as a key element of a b alanced energy supply portfolio; supports the Executive’s commitment to achieving 40% renewable electricity generation by 2020, and welcomes the Executive’s proposal in the Review of the Climate Change Programme to create an Energy Efficiency Strategy for Scotland.

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 (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.

4.      Ministerial Statement: The Minister for Health and Community Care (Mr Andy Kerr) made a statement and answered questions on Respect and Responsibility: Our Sexual Health Strategy.

5.      Budget (Scotland) (No.2) Bill – Stage 1: The Minister for Finance and Public Service Reform (Mr Tom McCabe) moved S2M-2291—That the Parliament agrees to the general principles of the Budget ( Scotland) (No.2) Bill.

After debate, the motion was agreed to ((DT) by division: For 63, Against 13, Abstentions 39).

6.      National Lottery Bill – UK Legislation: The Minister for Tourism, Culture and Sport (Patricia Ferguson) moved S2M-2255—That the Parliament agrees that the provisions in the National Lottery Bill that relate to the executive competence of the Scottish Ministers should be considered by the UK Parliament.

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

7.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2314—That the Parliament agrees that the Justice 2 Committee reports to the Justice 1 Committee by 9 February 2005 on the draft Land Reform (Scotland) Act 2003 (Modification) Order 2005 and the Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Amendment Regulations 2005 (SSI 2005/9); and by 10 February 2005 on the draft Remote Monitoring Requirements (Prescribed Courts) (Scotland) Regulations 2005.

The motion was agreed to.

8.      Office of the Clerk: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2311—That the Parliament agrees that, between 4 September 2005 and 29 May 2006, the Office of the Clerk will be open on all days except: Saturdays and Sundays, 2 December 2005, 23 December 2005 (pm), 26 and 27 December 2005, 2 and 3 January 2006, 14 and 17 April 2006, 1, 26 and 29 May 2006.

The motion was agreed to (DT).

9.      Rule 2.3.1: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2312—That the Parliament agrees the following dates in terms of Rule 2.3.1: 8 – 23 October 2005 (inclusive), 24 December 2005 – 8 January 2006 (inclusive), 11 – 19 February 2006 (inclusive), 1 – 17 April 2006 (inclusive), 1 July – 3 September 2006 (inclusive).

The motion was agreed to (DT).

10.    Decision Time: The Parliament took decisions on items 1, 5, 6, 8 and 9 as noted above.

11.    Infertility Services in Scotland: The Parliament debated S2M-1852 in the name of Mary Scanlon—That the Parliament welcomes the announcement by the Scottish Executive of its intention to review the Expert Advisory Group on Infertility Services in Scotland’s (EAGISS) guidance on the provision of infertility services by NHS Scotland; notes that implementation of the guidance by NHS boards has been inconsistent since its launch in February 2000; recognises the extreme distress that infertility causes many couples across Scotland and the need to ensure that all couples that are eligible for treatment are able to access the same standard of service regardless of where they live, and considers that the Executive should set a completion date for the review of the guidance in order to address the inequality of service provision that continues to exist.

The meeting closed at 5.55 pm.

No. 48 Wednesday 2 February 2005

The meeting opened at 2.00 pm.

1.      Time for Reflection: Dr Alison Elliot, Moderator of the General Assembly of the Church of Scotland led Time for Reflection.

2.      Gaelic Language (Scotland) Bill: The Minister for Education and Young People (Peter Peacock) moved S2M-1812—That the Parliament agrees to the general principles of the Gaelic Language (Scotland) Bill.

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

3.      Gaelic Language (Scotland) Bill – Financial Resolution: The Minister for Education and Young People (Peter Peacock) moved S2M-1819—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Gaelic Language (Scotland) Bill, agrees to any expenditure or increase in expenditure of a kind referred to in Rule 9.12.3(b)(ii) or (iii) of the Parliament’s Standing Orders arising in consequence of the Act.

The motion was agreed to (DT).

4.      Serious Organised Crime and Police Bill – UK Legislation: The Minister for Justice (Cathy Jamieson) moved S2M-2243—That the Parliament recognises the importance of building safe and secure communities and agrees that the provisions of the Serious Organised Crime and Police Bill that relate to devolved matters and those that relate to the executive competence of the Scottish Ministers should be considered by the UK Parliament.

Bill Butler moved amendment S2M-2243.2 to motion S2M-2243—

Leave out from “should” to end and insert—

“apart from those currently contained in clauses 124, 125(3), 127 and 160(5) and (6), should be considered by the UK Parliament.”

After debate, the amendment was agreed to ((DT) by division: For 105, Against 16, Abstentions 0).

The motion, as amended, was then agreed to ((DT) by division: For 64, Against 57, Abstentions 0).

Accordingly Parliament resolved—That the Parliament recognises the importance of building safe and secure communities and agrees that the provisions of the Serious Organised Crime and Police Bill that relate to devolved matters and those that relate to the executive competence of the Scottish Ministers, apart from those currently contained in clauses 124, 125(3), 127 and 160(5) and (6), should be considered by the UK Parliament.

5.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2360—That the Parliament agrees the following programme of business—

Wednesday 9 February 2005

2.30 pm                           Time for Reflection

followed by                       Parliamentary Bureau Motions

followed by                       Stage 3 Proceedings: Water Services etc. (Scotland) Bill

followed by                       Stage 3 Proceedings: Budget (Scotland) (No.2) Bill

followed by                       Business Motion

followed by                       Parliamentary Bureau Motions

5.00 pm                           Decision Time

followed by                       Members’ Business

Thursday 10 February 2005

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                        Ministerial Statement: Scottish Water’s Objectives

followed by                    Executive Debate: Anti-Racism Strategy

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members’ Business

Wednesday 23 February 2005

2.30 pm                        Time for Reflection

followed by                    Parliamentary Bureau Motions

followed by                    Stage 3 Proceedings: Fire (Scotland) Bill

followed by                    Preliminary Stage Debate: Edinburgh Tram (Line Two) Bill

followed by                    Business Motion

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members’ Business

Thursday 24 February 2005

9.30 am                        Parliamentary Bureau Motions

followed by                    Non-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: 2nd Report 2005, Final Review of                          Oral Questions

followed by                    Standards Committee Debate: 1st Report 2005, Replacing the                                           Members’ Interest Order

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members’ Business

The motion was agreed to.

6.      Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2345—That the Parliament agrees that the draft Land Reform (Scotland) Act 2003 (Modification) Order 2005 be approved.

The motion was agreed to (DT).

7.      Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2354—That the Parliament agrees that Mrs Nanette Milne be appointed to replace Mr David Davidson on the Health Committee.

The motion was agreed to (DT).

8.      Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2355—That the Parliament agrees that Phil Gallie be appointed to replace Mrs Nanette Milne on the Equal Opportunities Committee.

The motion was agreed to (DT).

9.      Decision Time: The Parliament took decisions on items 2, 3, 4, 6, 7 and 8 as noted above.

10.    Philip Lawrence Awards 2204: The Parliament debated S2M-2178 in the name of Susan Deacon—That the Parliament congratulates the youth volunteer group at LGBT Youth Scotland for winning one of the eight 2004 community safety Philip Lawrence Awards for their contribution to the community grid and to improving the lives of others; notes that LGBT Youth Scotland was the only Scottish organisation to reach the finals of the community safety awards section; recognises the significant work done by LGBT Youth Scotland in tackling homophobia and bullying; believes that this work continues to make a crucial difference to the lives of young people in Scotland, and commends this work to all who are working to challenge prejudice in Scotland.

The meeting closed at 6.01 pm.

No. 49 Thursday 3 February 2005

The meeting opened at 9.30 am.

1.      The Economy: Jim Mather moved S2M-2361—That the Parliament calls for Scotland to acquire the economic powers currently enjoyed by other similar-sized European nations; recognises that there are many lessons to be learnt from other such nations, many of whom have fewer natural resources than Scotland but are more globally competitive and have far higher standards of living; notes, in particular, that, unlike Scotland, Norway has benefited enormously from its oil and gas resources with living standards that are amongst the highest in the world and an oil fund for future generations that is now worth well over £80 billion; notes that our oil revenues are projected to reach at least £6 billion in 2005 and to continue well into the future, and calls for Scotland to have control over offshore resources as one aspect of an economic strategy designed to make us a much more competitive nation with world-class public services, constantly-improving skills and infrastructure and our own Scottish oil fund to provide a lasting legacy.

The Deputy First Minister and Minister for Enterprise and Lifelong Learning (Mr Jim Wallace) moved amendment S2M-2361.3 to motion S2M-2361—

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

“welcomes the progress that the Scottish Executive is making towards delivering the priorities of Framework for Economic Development in Scotland by working to improve productivity throughout the economy; welcomes, in particular, the record investment in Scotland’s transport and electronic infrastructure, world-class universities and colleges and in the wholesale modernisation of Scotland’s schools; notes that the Financial Times’ fDI European Region of the Future accolade was awarded to Scotland because of this public investment, favourable business environment, level of skills and quality of life; believes that raising Scotland’s rate of economic growth sustainably over the long term requires a focus on improving skills, regenerating communities and supporting companies and others to internationalise and invest in research, and recognises that a drawn out and messy separation from the rest of the UK, and prospectively the EU, would undermine these strengths, play into the hands of Scotland’s competitors and provide Scotland with a lasting legacy of cost, bureaucracy and barriers to trade.”

Murdo Fraser moved amendment S2M-2361.1 to motion S2M-2361—

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

“agrees that fluctuating prices and finite supplies make oil revenue an unreliable source of income; notes that, even if all revenue from North Sea oil had been allocated to Scotland in 2002-03, net borrowing would still have been £4.4 billion; further notes that Scotland’s businesses, who are the core drivers of wealth and economic growth, are demanding concrete action, not constitutional change, and therefore calls on the Scottish 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.”

Shiona Baird moved amendment S2M-2361.2 to motion S2M-2361—

Leave out from “recognises” to end and insert—

“rejects the notion that Scotland’s independent economic future depends on oil; recognises that an economy founded on fossil-fuel use contributes to climate change and other environmental damage, which in turn threatens Scotland’s economic future; recognises that oil is a finite resource which future generations will not be able to depend on for economic security; further recognises that oil is valuable as a chemical resource which should be increasingly conserved for non-fuel uses; believes that building Scotland’s economy on a foundation of renewable energy technologies, energy efficiency and sustainable transport is the way to achieve real sustainability, and calls on the Scottish Executive to give priority to exploring the concept of a “just transition” policy, as advocated by Scottish trade unions, which sets out a path to transform polluting industries into sustainable enterprises.”

Frances Curran moved amendment S2M-2361.4 to motion S2M-2361—

Leave out from “recognises” to end and insert—

“believes that these powers should include the power to take into public ownership our oil and gas reserves; notes that Norway has benefited enormously from its oil and gas resources with living standards that are amongst the highest in the world; notes that the main reason for this benefit is the interventionist policy of Norway, where the government-owned oil investment fund has now topped £165 billion and its state oil company, Stateoil, has a 51% stake in the two other Norwegian oil companies which brings in 50% of all oil revenues, and believes that a future Scottish government should take into complete public ownership all North Sea oil and gas reserves through a state-owned oil company so that oil revenues can be invested for the benefit of the people of Scotland and not oil company shareholders.”

After debate, amendment S2M-2361.3 was agreed to ((DT) by division: For 66, Against 56, Abstentions 1). As a result, amendments S2M-2361.1, S2M-2361.2, S2M-2361.4 were pre-empted.

The motion, as amended, was then agreed to ((DT) by division: For 67, Against 56, Abstentions 0).

Accordingly, the Parliament resolved—That the Parliament welcomes the progress that the Scottish Executive is making towards delivering the priorities of Framework for Economic Development in Scotland by working to improve productivity throughout the economy; welcomes, in particular, the record investment in Scotland’s transport and electronic infrastructure, world-class universities and colleges and in the wholesale modernisation of Scotland’s schools; notes that the Financial Times’ fDI European Region of the Future accolade was awarded to Scotland because of this public investment, favourable business environment, level of skills and quality of life; believes that raising Scotland’s rate of economic growth sustainably over the long term requires a focus on improving skills, regenerating communities and supporting companies and others to internationalise and invest in research, and recognises that a drawn out and messy separation from the rest of the UK, and prospectively the EU, would undermine these strengths, play into the hands of Scotland’s competitors and provide Scotland with a lasting legacy of cost, bureaucracy and barriers to trade.

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.      Ministerial Statement: The Deputy Minister for Enterprise and Lifelong Learning (Allan Wilson) made a statement and answered questions on Grant Awards: SEEKIT/SCORE.

5.      Local Government Finance (Scotland) Order 2005: The Minister for Finance and Public Service Reform (Mr Tom McCabe) moved S2M-2318—That the Parliament agrees that the Local Government Finance (Scotland) Order 2005 (SSI 2005/19) be approved.

Mr Brian Monteith moved amendment S2M-2318.1 to motion S2M-2318—

Insert at end—

“but, in so doing, considers that any consequential funding under the Barnett Formula accruing to Scotland as a result of an increase in the grant given to English and Welsh local authorities should be allocated to the Scottish Local Authorities’ Revenue Support Grant.”

After debate, the amendment disagreed to ((DT) by division: For 41, Against 80, Abstentions 1).

The motion was then agreed to ((DT) by division: For 100, Against 18, Abstentions 5).

6.      Inquiries Bill – UK Legislation: The Deputy Minister for Justice (Hugh Henry) moved S2M-2242—That the Parliament recognises the benefits of a modern statutory framework for the holding of inquiries into matters of public concern and agrees that the provisions in the Inquiries Bill, so far as they relate to matters within the legislative competence of the Parliament or to the executive competence of the Scottish Ministers, should be considered by the UK Parliament.

The motion was agreed to ((DT) by division: For 83, Against 39, Abstentions 1).

7.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2346—That the Parliament agrees—

(a) that consideration of the Protection of Children and Prevention of Sexual Offences (Scotland) Bill at Stage 1 be completed by 18 March 2005; and

(b) that consideration of the Further and Higher Education (Scotland) Bill at Stage 2 be completed by 18 March 2005.

The motion was agreed to.

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

9.      Cuts in Local Benefits Services: The Parliament debated S2M-1916 in the name of Brian Adam—That the Parliament expresses great concern about the impact of the proposed cuts by the Department of Work and Pensions in local provision of benefits advice; regrets the likely reduction in benefits uptake by many vulnerable people; deplores the unfair geographical spread of the cuts, leaving Grampian, Tayside and Fife without any local offices; recognises the consequential increased workload that will fall on local authority and voluntary sector money advice services, and believes that the Scottish Executive should make representations to protect the interests and incomes of the vulnerable in Scotland.

The meeting closed at 5.54 pm

No. 50 Wednesday 9 February 2005

The meeting opened at 2.30 pm.

1.      Time for Reflection: Mr Rawdon Goodier, Zen Buddhist Lay Minister affiliated to Portobello Buddhist Priory led Time for Reflection.

2.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2400—That the Parliament agrees the following revision to the programme of business for Wednesday 9 and Thursday 10 February 2005—

Wednesday 9 February 2005

after,

followed by        Stage 3 Proceedings: Budget (Scotland) (No.2) Bill

insert,              Ministerial Statement: Scottish Water’s Objectives

Thursday 10 February 2005

and delete,

3.00 pm            Ministerial Statement: Scottish Water’s Objectives

The motion was agreed to.

3.      Water Services etc. (Scotland) Bill – Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2401—That the Parliament agrees that, during Stage 3 of the Water Services etc. (Scotland) Bill, debate on groups of amendments shall, subject to Rule 9.8.4A, 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 – 20 minutes
Group 5 – 40 minutes

The motion was agreed to.

4.      Water Services etc. (Scotland) Bill – Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 1, 2, 3, 8, 9, 10, 22, 23, 11, 12, 13, 14, 15, 16, 21, 17 and 18.

The following amendments were agreed to (by division)—

4 (For 81, Against 2, Abstentions 0)

5, 6 and 7 (For 86, Against 3, Abstentions 0)

The following amendment was disagreed to (by division)—

19 (For 6, Against 89, Abstentions 0)

Amendment 20 was not moved.

5.      Water Services etc. (Scotland) Bill – Stage 3: The Minister for Environment and Rural Development (Ross Finnie) moved S2M-2349—That the Parliament agrees that the Water Services etc. (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 93, Against 21, Abstentions 0).

6.      Budget (Scotland) (No.2) Bill – Stage 3: The Minister for Finance and Public Service Reform (Mr Tom McCabe) moved S2M-2359—That the Parliament agrees that the Budget (Scotland) (No.2) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 87, Against 14, Abstentions 14).

7.      Ministerial Statement: The Deputy Minister for Environment and Rural Development (Lewis Macdonald) made a statement and answered questions on Scottish Water’s Objectives.

8.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2391—That the Parliament agrees that the timetable for consideration of the Preliminary Stage of the Edinburgh Tram (Line One) Bill be extended to 5 March 2005.

The motion was agreed to.

9.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2399—That the Parliament agrees the following programme of business—

Wednesday 23 February 2005

2.30 pm                           Time for Reflection

followed by                       Parliamentary Bureau Motions

followed by                       Stage 3 Proceedings: Fire (Scotland) Bill

followed by                       Preliminary Stage Debate: Edinburgh Tram (Line Two) Bill

followed by                       Motion on International Organisations Bill – UK Legislation

followed by                       Business Motion

followed by                       Parliamentary Bureau Motions

5.00 pm                           Decision Time

followed by                       Members’ Business

Thursday 24 February 2005

9.30 am                          Parliamentary Bureau Motions

followed by                      Scottish Green Party Debate: Energy Efficiency

followed by                     Scottish Green Party 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: 2nd Report 2005, Final Review of Oral Questions

followed by                    Standards Committee Debate: 1st Report 2005, Replacing the Members’ Interest Order

followed by                    Motion on Disability Discrimination Bill – UK Legislation

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members’ Business

Wednesday 2 March 2005

2.30 pm                        Time for Reflection

followed by                    Parliamentary Bureau Motions

followed by                    Executive Business

followed by                    Preliminary Stage Debate: Edinburgh Tram (Line One) Bill

followed by                    Business Motion

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members’ Business

Thursday 3 March 2005

9.30 am                        Parliamentary Bureau Motions

followed by                    Scottish Socialist Party 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.

10.    Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2389—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Scotland) Order 2005 (SSI 2005/34) be approved.

The motion was agreed to ((DT) by division: For 73, Against 21, Abstentions 22).

11.    Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2390—That the Parliament agrees that the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 be approved.

The motion was agreed to.

12.    Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved motion S2M-2394—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the European Communities (Matrimonial and Parental Responsibility Jurisdiction and Judgments) (Scotland) Regulations 2005 (SSI 2005/42).

The motion was agreed to.

13.    Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved motion S2M-2395—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of Part 1 Land Reform (Scotland) Act 2003: Draft Guidance for Local Authorities and National Park Authorities (SE/2005/14).

The motion was agreed to.

14.    Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved motion S2M-2396—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Community Reparation Orders (Requirements for Consultation and Prescribed Activities) (Scotland) Regulations 2005 (SSI 2005/18).

The motion was agreed to.

15.    Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved motion S2M-2397—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Family Law (Scotland) Bill.

The motion was agreed to.

16.    Decision Time: The Parliament took decisions on items 5, 6, 10, 11, 12, 13, 14 and 15 as noted above.

17.    Responsible Deer Management: The Parliament debated S2M-2317 in the name of Nora Radcliffe—That the Parliament notes the collaborative work on responsible deer management being undertaken in Scotland and the vital role of deer management groups and their use of the Deer Commission for Scotland’s best practice guidance; acknowledges the importance of culling deer using such guidance to avoid poor condition of deer in late winter and unnecessary death by starvation or as a consequence of inadequate habitat and shelter to support them; notes the support of the Scottish Society for the Prevention of Cruelty to Animals in ensuring that culling is carried out professionally and humanely; recognises the contribution that sustainable deer management can make to sustaining rural development, with increased rural employment and public benefits such as habitat regeneration, enhanced biodiversity and reducing risk of road accidents; considers that deer management groups should take the issue forward constructively, implementing deer management planning and setting targets that can be monitored to ensure progress, and concludes that deer management groups should be supported by representation from wider public interests, including local community, recreational and conservation interests, which would be particularly useful during preparation and review of deer management plans.

The meeting closed at 5:51 pm.

No. 51 Thursday 10 February 2005

The meeting opened at 9.30 am.

1.      Reform of the Crown Office and Procurator Fiscal Services: The Parliament debated the Reform of the Crown Office and Procurator Fiscal Services.

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 the Lord Advocate (Colin Boyd); and by other Ministers and junior Scottish Ministers.

4.      Anti-Racism Strategy: The Minister for Communities (Malcolm Chisholm) moved S2M-2402—That the Parliament fully welcomes the Scottish Executive’s continued commitment to tackling racism and promoting race equality; welcomes the high profile One Scotland Many Cultures campaign and flagship Fresh Talent initiative; supports the continuing need to raise awareness of, and tackle, racism in Scotland and to celebrate our diversity; supports the range of Executive activities and actions to promote race equality including work in health, the police and education, and is committed to eradicating racism in Scotland in whatever form it takes to ensure that we create an inclusive and prosperous Scotland.

Sandra White moved amendment S2M-2402.3 to motion S2M-2402—

Insert at end—

“, and expresses concern that Labour and Conservative immigration proposals do not reflect Scotland’s population requirements or multicultural ethos.”

After debate, the amendment was disagreed to ((DT) by division: For 35, Against 75, Abstentions 0).

Mary Scanlon moved amendment S2M-2402.2 to motion S2M-2402—

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

“; supports the continuing need to raise awareness of, and tackle, racism in Scotland and to celebrate our diversity; supports the range of Executive activities and actions to promote race equality including work in health, the police and education; is committed to eradicating racism in Scotland in whatever form it takes to ensure that we create an inclusive and prosperous Scotland, and believes that a fair system of immigration control is necessary in order to promote good race relations.”

After debate, the amendment was disagreed to ((DT) by division: For 15, Against 96, Abstentions 0).

Rosie Kane moved amendment S2M-2402.1 to motion S2M-2402—

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

“, and believes that current immigration and asylum policy from Westminster undermines the Executive’s attempts to eradicate racism in Scotland.”

After debate, the amendment was disagreed to ((DT) by division: For 35, Against 77, Abstentions 0).

The motion was then agreed to ((DT) by division: For 97, Against 15, Abstentions 0).

5.      Business Motion: The Minister for Parliamentary Business (Margaret Curran), on behalf of the Parliamentary Bureau, moved S2M-2393—That the Parliament agrees—

(a) that consideration of the Gaelic Language ( Scotland) Bill at Stage 2 be completed by 18 March 2005;

(b) that the Justice 2 Committee report to the Justice 1 Committee by 25 February 2005 on Part 1 Land Reform (Scotland) Act 2003: Draft Guidance for Local Authorities and National Park Authorities (SE/2005/14);

(c) that the Justice 2 Committee report to the Justice 1 Committee by 4 March 2005 on the European Communities (Matrimonial and Parental Responsibility Jurisdiction and Judgments) (Scotland) Regulations 2005 (SSI 2005/42); and

(d) that the Justice 1 Committee report to the Justice 2 Committee by 26 February 2005 on the Community Reparation Orders (Requirements for Consultation and Prescribed Activities) (Scotland) Regulations 2005 (SSI 2005/18).

The motion was agreed to.

6.      Decision Time: The Parliament took decisions on item 4 as noted above.

7.      A Better Deal for People Dealing with Cancer: The Parliament debated S2M-2294 in the name of Elaine Smith—That the Parliament congratulates Macmillan Cancer Relief on the success of its “A Better Deal for People Dealing with Cancer” campaign which has so far directly helped 8,000 people across the UK access advice on the benefit entitlements of cancer patients; reasserts its support for the campaign and the recent round of radio promotions targeted at areas in the United Kingdom with high cancer and mortality rates and low uptake of disability benefits, including five areas of Scotland; expresses concern that Scotland has the highest non-claimant rate (64%) amongst patients with a terminal diagnosis; acknowledges that the key aim of the campaign is to secure specialist advice for every cancer patient at diagnosis; recognises that such an objective could be best realised through partnership-working between stakeholders, such as the Benefits Agency, the NHS, local authorities and cancer charities, and considers that co-operation between the Scottish Executive and the UK Government is necessary to facilitate such change.

The meeting closed at 5.40 pm.

No. 52 Wednesday 23 February 2005

The meeting opened at 2.30 pm.

1.      Time for Reflection: Miss Irene Jovaras, Joint Co-ordinator of the Focolare Movement in Scotland led Time for Reflection.

2.      Fire (Scotland) Bill – Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2464—That the Parliament agrees that during Stage 3 of the Fire (Scotland) Bill, debate on groups of amendments shall, subject to Rule 9.8.4A, 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 – 20 mins
Groups 5 to 10 – 45 mins
Groups 11 and 12 – 1 hour

The motion was agreed to.

3.      Fire (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, 27, 28, 14, 15, 16, 17, 18, 19, 30, 20, 21, 31, 32, 34, 22, 23, 24, 25 and 26.

The following amendments were disagreed to (by division)—

29 (For 6, Against 90, Abstentions 5)

35 (For 33, Against 70, Abstentions 0)

Amendments 33 and 36 were not moved.

4.      Fire (Scotland) Bill – Stage 3: The Deputy Minister for Justice ( Hugh Henry) moved S2M-2421—That the Parliament agrees that the Fire (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 102, Against 3, Abstentions 4).

5.      Edinburgh Tram (Line Two) Bill - Preliminary Stage: Bill Aitken moved S2M-2412—That the Parliament agrees to the general principles of the Edinburgh Tram (Line Two) Bill and that the Bill should proceed as a Private Bill.

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

6.      International Organisations Bill - UK Legislation: The Deputy Minister for Justice (Hugh Henry) moved S2M-2330—That the Parliament recognises the need for the United Kingdom to implement the international obligations for which the International Organisations Bill makes provision, and agrees that those provisions in the Bill that fall within the legislative competence of the Scottish Parliament and have the effect of conferring functions on the Scottish ministers should be considered by the UK Parliament.

After debate, the motion was agreed to ((DT) by division: For 102, Against 5, Abstentions 2).

7.      Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2457—That the Parliament agrees the following programme of business—

Wednesday 2 March 2005

2.30 pm                           Time for Reflection

followed by                       Parliamentary Bureau Motions

followed by                       Stage 1 Debate: Transport (Scotland) Bill

followed by                       Financial Resolution: Transport (Scotland) Bill

followed by                       Preliminary Stage Debate: Edinburgh Tram (Line One) Bill

followed by                       Business Motion

followed by                       Parliamentary Bureau Motions

5.00 pm                           Decision Time

followed by                       Members’ Business

Thursday 3 March 2005

9.30 am                        Parliamentary Bureau Motions

followed by                    Scottish Socialist Party 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                        Stage 1 Debate: Prohibition of Female Genital Mutilation (Scotland)          Bill

followed by                    Financial Resolution: Edinburgh Tram (Line One) Bill

followed by                    Financial Resolution: Edinburgh Tram (Line Two) Bill

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members’ Business

Wednesday 9 March 2005

2.30 pm                        Time for Reflection

followed by                    Parliamentary Bureau Motions

followed by                    Stage 1 Debate: Charities and Trustee Investment (Scotland) Bill

followed by                    Financial Resolution: Charities and Trustee Investment (Scotland) Bill

followed by                    Business Motion

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members’ Business

Thursday 10 March 2005

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                        Executive Business

followed by                    Parliamentary Bureau Motions

5.00 pm                        Decision Time

followed by                    Members’ Business

The motion was agreed to.

8.      Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2388—That the Parliament agrees that the draft Remote Monitoring Requirements (Prescribed Courts) (Scotland) Regulations 2005 be approved.

After debate, the motion was agreed to ((DT) by division: For 83, Against 13, Abstentions 12).

9.      Committee Remit: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2450—That the Parliament agrees that the remit of the Communities Committee be amended to—

To consider and report on matters relating to housing and area regeneration, poverty, voluntary sector issues, charity law, matters relating to the land use planning system and building standards and such other matters as fall within the responsibility of the Minister for Communities.

The motion was agreed to (DT).

10.    Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2451—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2005.

The motion was agreed to (DT).

11.    Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2452—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2005.

The motion was agreed to (DT).

12.    Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2453—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2005.

The motion was agreed to (DT).

13.    Decision Time: The Parliament took decisions on items 4, 5, 6, 8, 9, 10, 11 and 12 as noted above.

14.    Responses to Extreme Weather Conditions in the Western Isles: Alasdair Morrison moved S2M-2357—That the Parliament recognises the ferocious storms which caused tragic loss of life in the Western Isles in January 2005; expresses its gratitude to those who took part in the recovery operations; notes that extensive damage was done to the infrastructure which links the islands; further notes that many homes and businesses have been seriously affected and that Comhairle nan Eilean Siar is leading a multi-agency group to establish the extent and value of the damage caused, and believes that the Scottish Executive should consider whether further assistance can be made available to communities in the Western Isles to cope with these exceptional circumstances, while also initiating an assessment of future infrastructural implications of changing weather patterns for the Western Isles.

The meeting closed at 18.00 pm.

No. 53 Thursday 24 February 2005

The meeting opened at 9.30 am.

1.      Towards an Energy Efficiency Strategy in Scotland: Shiona Baird moved S2M-2462—That the Parliament believes that energy efficiency has great potential to improve efforts to tackle climate change and fuel poverty and to improve quality of life; agrees that energy efficiency has a key part to play in meeting the Scottish Executive’s target of eradicating fuel poverty in Scotland by 2016; further agrees that more than half the emissions reductions in the United Kingdom’s climate change programme could come from energy efficiency, as stated in the UK Energy White Paper, and commends the Executive for its current initiatives to improve energy efficiency and for its move towards a national strategic approach to energy efficiency as outlined in its climate change consultation.

The Deputy Minister for Enterprise and Lifelong Learning (Allan Wilson) moved amendment S2M-2462.1 to motion S2M-2462—

After “improve quality of life” insert—

“and increase competitiveness of businesses in Scotland”

After debate, the amendment was agreed to ((DT) by division: For 106, Against 6, Abstentions 2).

Christine Grahame moved amendment S2M-2462.3 to motion S2M-2462—

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

“while supporting any moves to increase energy efficiency notes that this must be in tandem with eradicating fuel poverty which affects 13% of households involving some 30,000 children; notes that for every 5% increase in fuel prices, 30,000 are returned to fuel poverty and that one in five pensioners struggle to keep warm, all of which is often compounded by damp and poor housing conditions which is to be deplored in an energy and resources-rich nation; notes that endeavours to amend the Housing (Scotland) Bill 2001 to raise tolerable standards, including measures to facilitate energy efficiency, were resisted by the Executive on the argument that its fuel poverty strategy would resolve these problems which it singularly is failing to do; calls upon the Executive to raise mandatory housing standards as a matter of urgency, and affirms that only an integrated approach to energy efficiency and fuel poverty can both impact on climate change and improve quality of life.”

After debate, the amendment was disagreed to ((DT) by division: For 28, Against 78, Abstentions 8).

Alex Johnstone moved amendment S2M-2462.2 to motion S2M-2462—

Leave out from “has a key part” to end and insert—

“is widely recognised as the cheapest, cleanest and safest way of achieving Britain’s climate change commitments; notes that while climate change is a global challenge, energy efficiency gives ordinary people an opportunity to act locally and make a contribution, but believes, however, that the Scottish Executive could do more to promote energy efficiency in Scotland.”

After debate, the amendment was disagreed to ((DT) by division: For 36, Against 76, Abstentions 2).

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

Accordingly, the Parliament resolved—That the Parliament believes that energy efficiency has great potential to improve efforts to tackle climate change and fuel poverty and to improve quality of life and increase competitiveness of businesses in Scotland; agrees that energy efficiency has a key part to play in meeting the Scottish Executive’s target of eradicating fuel poverty in Scotland by 2016; further agrees that more than half the emissions reductions in the United Kingdom’s climate change programme could come from energy efficiency, as stated in the UK Energy White Paper, and commends the Executive for its current initiatives to improve energy efficiency and for its move towards a national strategic approach to energy efficiency as outlined in its climate change consultation.

2.      Identity Cards: Patrick Harvie moved S2M-2463—That the Parliament notes the Identity Cards Bill currently being considered by the Westminster Parliament; is concerned at the lack of time devoted to the scrutiny of this Bill, which has left important questions unanswered over how the identity card scheme will work in practice; believes the proposals to be flawed on political, technical and financial grounds; is concerned that the national identity card and database offer an ineffective response to problems of security and fraud and pose an unacceptable threat to civil liberties; notes that the current cost estimate for the scheme is £5.5 billion and that further escalation of this cost is expected; rejects the Prime Minister’s belief, stated on 1 December 2004 in the House of Commons, that “it is legitimate and right, in this day and age, to ask people to carry identity cards” which appears to go far beyond the current scope of the Bill and would require the consent of the Scottish Parliament; welcomes the Scottish Executive’s position that identity cards will not be required to allow access to devolved public services, and calls on the Executive to make a full statement on the intended use of the identity database by devolved institutions.

Mr Alasdair Morrison moved amendment S2M-2463.4 to motion S2M-2463—

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

“welcomes the current position of the Scottish Executive in relation to devolved services; believes that identity cards are a central tool in the fight against organised crime and international terrorism; further notes that ID cards would provide a gold standard of identity in the modern world, and recognises that ID cards have attracted overwhelming public support as they assist significantly in delivering safer, more secure communities.”

After debate, the amendment was disagreed to ((DT) by division: For 46, Against 65, Abstentions 2).

Stewart Stevenson moved amendment S2M-2463.1 to motion S2M-2463—

Insert at end—

“and expresses concern that the data format and operation likely to be associated with proposed identity cards conform to no formal international standard and carry the real risk of data disclosure to commercial interests.”

After debate, the amendment was disagreed to ((DT) by division: For 36, Against 48, Abstentions 30).

Jeremy Purvis moved amendment S2M-2463.3 to motion S2M-2463—

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

“regrets the introduction of the Identity Cards Bill to the UK Parliament, notes the consistent opposition to these proposals by Liberal Democrats in the House of Commons on the grounds that they will be ineffective in their stated aim of reducing terrorism; believes that there is an excessive cost to the individual and the taxpayer in introducing the identity card; believes that it will lead to increased discrimination and harassment; is concerned for the protection of civil liberties with the lack of definition of how the card will be used; further believes that the UK Government should explore more effective anti identity and benefits fraud, illegal immigration and illegal working measures; is further concerned with the UK Government’s intention that by 2013 it will be compulsory for UK citizens to possess an ID card and to produce it when accessing designated public services, and welcomes the commitment by the Scottish Executive that identity cards will not be necessary for accessing devolved services.”

After debate, the amendment was disagreed to ((DT) by division: For 15, Against 62, Abstentions 37).

The motion was then agreed to ((DT) by division: For 52, Against 47, Abstentions 15).

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

4.      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 Sector Reform (Mr Tom McCabe) and the Minister for Communities (Malcolm Chisholm); and by other Ministers and junior Scottish Ministers.

5.      Procedures Committee, Final Review of Oral Questions and Minor Rule-changes: Iain Smith moved S2M-2418—That the Parliament (a) notes the Procedures Committee’s 2nd Report, 2005 (Session 2), Final Review of Oral Questions (SP Paper 287) and agrees that the changes to standing orders set out in Annexe A to the report be made with effect from Friday 18 March 2005, but that the current Rules 13.6 and 13.7 continue to have effect for the purposes of any Question Time in the week beginning Monday 21 March 2005; and (b) notes the Committee’s 1st Report, 2005 (Session 2), Minor Rule-changes (SP Paper 271) and agrees that the changes to standing orders set out in Annexe A to the report be made with effect from 18 March 2005.

The motion was agreed to (DT).

6.      Standards Committee, Proposal for a Committee Bill: Brian Adam moved S2M-2417—That the Parliament agrees to the proposal for a Committee Bill under Rule 9.15 contained in the 1st Report 2005 (Session 2) of the Standards Committee, Replacing the Members’ Interests Order (SP Paper 266).

The motion was agreed to (DT).

7.      Disability Discrimination Bill - UK Legislation: The Minister for Communities (Malcolm Chisholm) moved S2M-2264—That the Parliament agrees the principles contained in the provisions of the Disability Discrimination Bill, including the power to impose duties on public authorities, so far as those provisions relate to matters within the legislative competence of the Scottish Parliament or confer functions on the Scottish Ministers, and agrees that they should be considered by the UK Parliament.

The motion was agreed to (DT).

8.      Business Motion: The Minister for Parliamentary Business (Margaret Curran), on behalf of the Parliamentary Bureau, moved S2M-2448—That the Parliament agrees that consideration of the Abolition of NHS Prescription Charges (Scotland) Bill at Stage 1 be completed by 22 December 2005.

The motion was agreed to (by division: For 99, Against 13, Abstentions 1).

9.      Business Motion: The Minister for Parliamentary Business (Margaret Curran), on behalf of the Parliamentary Bureau, moved S2M-2449—That the Parliament agrees—

(a) that the Justice 1 Committee report to the Justice 2 Committee by 4 March 2005 on the draft Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2005;

(b) that the Justice 1 Committee report to the Justice 2 Committee by 4 March 2005 on the draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2005; and

(c) that the Justice 1 Committee report to the Justice 2 Committee by 4 March 2005 on the draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2005.

The motion was agreed to.

10.    Decision Time: The Parliament took decisions on items 1, 2, 5, 6 and 7 as noted above.

11.    Scottish Civic Forum: The Parliament debated S2M-2384 in the name of Linda Fabiani—That the Parliament notes the concerns raised about the financing of the Scottish Civic Forum; further notes that the forum was set up to help fulfil the founding principles of the Parliament and, in particular, the engagement of Scotland’s people in the new democracy; considers that all those who have an interest in the open democracy heralded in 1999 should act to ensure a continued and healthy future for the forum, and believes that the Scottish Parliamentary Corporate Body should investigate the possibility of funding the forum directly.

The meeting closed at 6.02 pm.

No.54 Wednesday 2 March 2005

The meeting opened at 2.30 pm.

1.     Time for Reflection: Rev Fraser Aitken, Church of Scotland, Ayr led Time for Reflection.

2.      Transport (Scotland) Bill – Stage 1: The Minister for Transport (Nicol Stephen) moved S2M-2351—That the Parliament agrees to the general principles of the Transport (Scotland) Bill.

After debate, the motion was agreed to ((DT) by division: For 73, Against 18, Abstentions 31).

3.     Transport (Scotland) Bill – Financial Resolution: The Minister for Transport (Nicol Stephen) moved S2M-2338—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Transport (Scotland) Bill, agrees to—

(a)   any expenditure of a kind referred to in paragraph 3(b)(ii) of Rule 9.12 of the Parliament’s Standing Orders;

(b)   any increase in expenditure of a kind referred to in paragraph 3(b)(iii) of that Rule; and

(c)   any payments in relation to which paragraph 4 of that Rule applies, arising in consequence of the Act.

The motion was agreed to (DT).

4.     Edinburgh Tram (Line One) Bill - Preliminary Stage: Jackie Baillie moved S2M-2459—That the Parliament agrees to the general principles of the Edinburgh Tram (Line One) Bill and that the Bill should proceed as a Private Bill.

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

5.     Business Motion:  Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2503—That the Parliament agrees the following programme of business—

Wednesday 9 March 2005

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 1 Debate: Charities and Trustee Investment (Scotland) Bill

followed by                      Financial Resolution: Charities and Trustee Investment (Scotland) Bill

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business – Debate on the subject of S2M-1900 Margaret Mitchell: Deafblindness

Thursday 10 March 2005

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                          Executive Debate: Infrastructure Investment Plan

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Wednesday 16 March 2005

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Committee Business

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 17 March 2005

9.30 am                          Parliamentary Bureau Motions

followed by                      Conservative Party 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                          Executive Business

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

The motion was agreed to.

6.     Approval of SSI:  Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2490—That the Parliament agrees that the draft Scotland Act 1998 (Modifications of Schedule 5) (No.2) Order 2005 be approved.

The motion was agreed to (DT).

7.     Approval of SSI:  Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2491—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.2) (Scotland) Order 2005 (SSI 2005/69) be approved.

After debate, the motion was agreed to ((DT) by division: For 75, Against 24, Abstentions 24).

8.     Approval of SSI:  Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2492—That the Parliament agrees that the draft Budget (Scotland) Act 2004 Amendment Order 2005 be approved.

The motion was agreed to (DT).

9.     Designation of Lead Committee:  Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2494—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Police (Retention and Disposal of Motor Vehicles) (Scotland) Regulations 2005 (SSI 2005/80).

The motion was agreed to (DT).

10.   Designation of Lead Committee:  Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2495—That the Parliament agrees that the Local Government and Transport Committee be designated as lead committee, and that the Justice 2 Committee be designated as secondary committee, in consideration of the Licensing (Scotland) Bill at Stage 1.

The motion was agreed to (DT).

11.   Decision Time: The Parliament took decisions on items 2, 3, 4, 6, 7, 8, 9 and 10 as noted above.

12.   Fairtrade Fortnight: The Parliament debated S2M-2387 in the name of Christine May—That the Parliament recognises that Fairtrade Fortnight will take place between 1 and 13 March 2005; supports this important series of events in raising awareness of the need to provide workers and producers in Third World countries with a better deal in return for their produce; congratulates the growing number of towns and organisations which have succeeded in achieving the Fairtrade mark; notes that more Fairtrade products are being bought by individuals and used within businesses, and encourages all MSPs and consumers to participate in these events which will help protect the livelihood of small farmers and producers who too often face exploitation.

The meeting closed at 5.51 pm.

No.55 Thursday 3 March 2005

The meeting opened at 9.30 am.

1.      School Meals and Our Children’s Future:  Frances Curran moved S2M-2507—That the Parliament notes that all serious nutritionists are predicting that obesity will double in Scotland over the next 10 years, causing a health crisis which will dramatically increase demand for health services and lower average life expectancy; therefore endorses the principle that radical action is required to tackle Scotland’s diet-related health problems; believes that there can be no better use of Scotland’s resources than to invest in our children’s future, and congratulates the National Assembly for Wales and the city councils of Hull and Glasgow for their action in providing free breakfasts for all primary children and the councils for their further commitment to extending free, nutritious school lunches to all their primary school pupils.

The Deputy Minister for Education and Young People (Euan Robson) moved amendment S2M-2507.3 to motion S2M-2507—

Leave out from “notes” to end and insert—

“commends the work the Scottish Executive is doing to tackle childhood obesity, in particular by significantly improving the nutritional quality of school meals across Scotland; acknowledges the significant investment in children’s health represented by Hungry for Success, the Executive’s programme of activity around school meals and food in schools; recognises the action taken by the Executive to promote physical activity, by amongst other means, the employment of 400 additional physical education teachers and 600 active sports co-ordinators, and welcomes the Executive’s commitment to continue investing in a high-quality and attractive school meals service to equip pupils with healthy eating habits for life and in initiatives to improve opportunities for physical exercise in daily life and sporting and recreational settings.”

Fiona Hyslop moved amendment S2M-2507.1 to motion S2M-2507—

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

“and calls on the Scottish Executive to support the piloting of nutritious free school meals in P1 to 3 in order to provide evidence of the potential benefits of such a policy and practical evidence of delivery and as part of a comprehensive plan to tackle health and fitness in young people covering issues of palate in the early years, health, education and sport to encourage Scottish children to become fit, healthy young Scots.”

Eleanor Scott moved amendment S2M-2507.2 to motion S2M-2507—

Insert at end—

“further commends the Food for Life pilot programme which is delivering not only healthy, local organic school meals, but also a range of educational activities which reconnect children with a healthy food culture and with how their food is produced, and calls on the Scottish Executive to make a commitment to supporting locally-produced GM-free organic food for school meals provision in Scotland”.

After debate, amendment S2M-2507.3 was agreed to ((DT) by division: For 77, Against 31, Abstentions 6).  As a result, amendment S2M-2507.1 was pre-empted.

Amendment S2M-2507.2 was then disagreed to ((DT) by division: For 52, Against 62, Abstentions 0). 

The motion, as amended was then agreed to ((DT) by division: For 79, Against 1, Abstentions 34).

Accordingly, the Parliament resolved—That the Parliament commends the work the Scottish Executive is doing to tackle childhood obesity, in particular by significantly improving the nutritional quality of school meals across Scotland; acknowledges the significant investment in children’s health represented by Hungry for Success, the Executive’s programme of activity around school meals and food in schools; recognises the action taken by the Executive to promote physical activity, by amongst other means, the employment of 400 additional physical education teachers and 600 active sports co-ordinators, and welcomes the Executive’s commitment to continue investing in a high-quality and attractive school meals service to equip pupils with healthy eating habits for life and in initiatives to improve opportunities for physical exercise in daily life and sporting and recreational settings.

2.      The Right to Protest at Gleneagles:  Colin Fox moved S2M-2506—That the Parliament puts on record its support for Article 20 of the UN Universal Declaration of Human Rights, that “everyone has the right to freedom of peaceful assembly and association”; notes that the G8 summit will be meeting in Gleneagles in July this year, and resolves to uphold and support the right to peaceful assembly and protest in Scotland, in particular in Edinburgh at the Make Poverty History demonstration and at the summit itself in Gleneagles.

The Minister for Public Service Reform (Mr Tom McCabe) moved amendment S2M-2506.4 to motion S2M-2506—

Insert at end—

 “; further recognises that protestors have responsibilities to uphold the law and deplores calls by an unrepresentative minority to use the occasion to engage in unlawful and violent activity; pledges full endorsement of the work of the Scottish Police Service to ensure public safety and order and facilitate peaceful protest; welcomes the tremendous opportunity presented by the G8 to show to a watching world everything that is good about Scotland and Scotland’s people, and acknowledges that the summit is also an opportunity to encourage debate, raise awareness and challenge people within Scotland about the key issues of poverty in Africa and climate change.”

After debate, the amendment was agreed to ((DT) by division: For 103, Against 5, Abstentions 6).

Roseanna Cunningham moved amendment S2M-2506.2 to motion S2M-2506—

Leave out from “notes that the G8 Summit” to end and insert—

“notes that the G8 Summit will be meeting in Strathearn in July this year; resolves to uphold and support the right to peaceful assembly and protest in Scotland, in particular in Edinburgh at the Make Poverty History demonstration and at the summit itself in Strathearn; recognises, however, that those who reside close to the location of the G8 summit also have the right to privacy and to be able to pursue their lives and livelihoods free from harassment from whatever quarter, and considers that the important issues to be debated at the summit should be given as much publicity and consideration as the reported security arrangements.”

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

Phil Gallie moved amendment S2M-2506.1 to motion S2M-2506—

Insert at end—

“and calls on the Scottish Executive to ensure that suitable measures are taken to deter those who seek to abuse such rights through disorderly behaviour and by causing damage to property as well as thwarting the peaceful expression of views by those who attend in good faith.”

After debate, the amendment was, with the approval of the Parliament, withdrawn.

The motion, as amended was then agreed to ((DT) by division: For 103, Against 1, Abstentions 10).

Accordingly, the Parliament resolved—That the Parliament puts on record its support for Article 20 of the UN Universal Declaration of Human Rights, that “everyone has the right to freedom of peaceful assembly and association”; notes that the G8 summit will be meeting in Gleneagles in July this year, and resolves to uphold and support the right to peaceful assembly and protest in Scotland, in particular in Edinburgh at the Make Poverty History demonstration and at the summit itself in Gleneagles; further recognises that protestors have responsibilities to uphold the law and deplores calls by an unrepresentative minority to use the occasion to engage in unlawful and violent activity; pledges full endorsement of the work of the Scottish Police Service to ensure public safety and order and facilitate peaceful protest; welcomes the tremendous opportunity presented by the G8 to show to a watching world everything that is good about Scotland and Scotland’s people, and acknowledges that the summit is also an opportunity to encourage debate, raise awareness and challenge people within Scotland about the key issues of poverty in Africa and climate change.”

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

4.      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.

5.      Prohibition of Female Genital Mutilation (Scotland) Bill – Stage 1l: The Minister for Justice (Cathy Jamieson) moved S2M-2350—That the Parliament agrees to the general principles of the Prohibition of Female Genital Mutilation (Scotland) Bill.

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

6.      Edinburgh Tram (Line One) Bill – Financial Resolution: The Minister for Finance and Public Service Reform (Mr Tom McCabe) moved S2M-2455—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Edinburgh Tram (Line One) Bill, agrees to any expenditure of a kind referred to in Rule 9A.14.3(b)(ii) of the Parliament’s Standing Orders arising in consequence of the Act.

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

7.      Edinburgh Tram (Line Two) Bill – Financial Resolution: The Minister for Finance and Public Service Reform (Mr Tom McCabe) moved S2M-2456—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Edinburgh Tram (Line Two) Bill, agrees to any expenditure of a kind referred to in Rule 9A.14.3(b)(ii) of the Parliament’s Standing Orders arising in consequence of the Act.

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

8.      Business Motion: The Minister for Parliamentary Business (Ms Margaret Curran), on behalf of the Parliamentary Bureau, moved S2M-2493—That the Parliament agrees that the Justice 1 Committee report to the Justice 2 Committee by 1 April 2005 on the Police (Retention and Disposal of Motor Vehicles) (Scotland) Regulations 2005 (SSI 2005/80).

The motion was agreed to.

9.      Motion without Notice: The Minister for Parliamentary Business (Ms Margaret Curran), on behalf of the Parliamentary Bureau, moved, without notice that Decision Time on Thursday 3 March 2005 be taken at 4.40 pm.

The motion was agreed to.

10.    Decision Time: The Parliament took decisions on items 1, 2, 5, 6, and 7 as noted above.

11.    Renfrew and Inverclyde Scout Association - Lapwing Lodge: Bruce McFee moved S2M-2225—That the Parliament recognises the good works carried out by voluntary organisations in Scotland; notes that Renfrew and Inverclyde Scout Association, supported by East Renfrewshire Council, has made a funding application to the Scottish Rural Partnership Fund – Local Capital Grants Scheme for the modernisation of facilities at Lapwing Lodge, Renfrewshire, to increase the flexibility of the facility and allow a wider range of groups to access Lapwing, beyond the 40% usage currently enjoyed by community groups, and to ensure the long-term sustainability of this outdoor centre for the next 25 years and beyond; recognises the value of such centres, and consequently wishes Renfrew and Inverclyde Scout Association every success in its funding application.

The meeting closed at 5.27 pm.

No.56 Wednesday 9 March 2005

The meeting opened at 2.30 pm.

1.      Time for Reflection: Canon Susan Wiffin, Mission and Ministry Officer, Aberdeen Diocese led Time for Reflection.

2.      Charities and Trustee Investment (Scotland) Bill – Stage 1: The Minister for Communities (Malcolm Chisholm) moved S2M-2352—That the Parliament agrees to the general principles of the Charities and Trustee Investment (Scotland) Bill.

Christine Grahame moved amendment S2M-2352.2 to motion S2M-2352—

Insert at end—

“and, in so doing, notes the Scottish Executive’s commitment to protect the National Collections’ charitable status but has concerns that Scotland’s colleges may fall foul of section 7(3)(b), and calls for there to be a clear statement on the face of the Bill of the purpose of a charity, namely that only those organisations which have as their overriding purpose the provision of a benefit to the public should qualify for charitable status, and for the Executive to bring forward appropriate amendments at Stage 2 to this effect.”

After debate, the amendment was disagreed to ((DT) by division: For 39, Against 77, Abstentions 1).

Tommy Sheridan moved amendment S2M-2352.1 to motion S2M-2352—

Insert at end—

“but, in so doing, supports the removal of private and other fee-paying schools from the artificial cover of charitable status which saves these elite institutions thousands of pounds in various taxes every year and calls on the Scottish Executive to bring forward amendments during Stage 2 of the Bill to achieve this objective whilst maintaining the status of independent special schools.”

After debate, the amendment was disagreed to ((DT) by division: For 8, Against 77, Abstentions 32).

The motion was then agreed to (DT).

3. Charities and Trustee Investment (Scotland) Bill – Financial Resolution:  The Deputy Minister for Communities (Johann Lamont) moved S2M-2319—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Charities and Trustee Investment (Scotland) Bill, agrees to any increase in expenditure payable out of the Scottish Consolidated Fund in consequence of the Act.

The motion was agreed to (DT).

4.      Business Motion:  Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2545—That the Parliament agrees the following programme of business—

Wednesday 16 March 2005

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Procedures Committee Debate: 3rd Report 2005, Procedures in relation to the Commissioner for Public Appointments

followed by                      Executive Debate: Housing

followed by                      SPCB Motion on Membership of the Scottish Commission for Public Audit

followed by                      Business Motion

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Thursday 17 March 2005

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—

                                      Education and Young People, Tourism, Culture and Sport;

                                      Finance and Public Services and Communities;

                                      General Questions

3.00 pm                          Ministerial Statement on Dentistry

followed by                      Stage 1 Debate: Protection of Children and Prevention of Sexual Offences (Scotland) Bill

followed by                      Financial Resolution: Protection of Children and Prevention of Sexual Offences (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

Wednesday 23 March 2005

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 24 March 2005

9.30 am                          Parliamentary Bureau Motions

followed by                      Scottish National Party 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.

5.      Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2535—That the Parliament agrees that the draft Renewables Obligation (Scotland) Order 2005 be approved.

The motion was agreed to (DT).

6.      Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2536—That the Parliament agrees that the draft Landfill Allowances Scheme (Scotland) Regulations 2005 be approved.

The motion was agreed to (DT).

7.      Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2539—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Management of Offenders etc. (Scotland) Bill.

The motion was agreed to (DT).

8.      Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2540—That the Parliament agrees that the Communities Committee be designated as lead committee in consideration of the Housing (Scotland) Bill.

The motion was agreed to (DT).

9.      Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2541—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2005 (SSI 2005/93).

The motion was agreed to (DT).

10.    Decision Time: The Parliament took decisions on items 2, 3, 5, 6, 7, 8 and 9 as noted above.

11.    Deafblindness: The Parliament debated S2M-1900 in the name of Margaret Mitchell—That the Parliament recognises the European Parliament Declaration of Rights of Deafblind people which was formally adopted on 1 April 2004 and recognises deafblindness as a distinct disability separate from hearing or sight impairment; considers that more should be done to identify, correctly assess and provide appropriate services for this unique group who cannot automatically benefit from mainstream services or services for people who are either blind or deaf, and further considers that councils should make appropriate provision for this uniquely disadvantaged group, ensuring that they have the same provision of services as outlined in the guidance issued under section 7(1) of the Local Authority Social Services Act 1970 for England and Wales.

12. Motion without Notice: Margaret Mitchell moved without notice that, under Rule 8.14.3, the debate be extended until 6.03 pm.

The meeting closed at 6.03 pm.

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