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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 3, No 34 Session 1

Wednesday 28 November 2001

 
 

The meeting opened at 12.00 pm.

1. Time for Reflection: The Reverend David G Hamilton, Church of Scotland Parish Minister in Rannoch, led Time for Reflection.

2. Scottish Ministers: The First Minister moved S1M-2488—That the Parliament agrees that—

Malcolm Chisholm;

Patricia Ferguson;

Iain Gray;

Cathy Jamieson;

Andy Kerr; and

Mike Watson, be appointed as Ministers.

Nicola Sturgeon moved amendment S1M-2488.5 to motion S1M-2488—

Leave out "Malcolm Chisholm".

After debate, the amendment was disagreed to (by division: For 32, Against 68, Abstentions 18).

Fiona Hyslop moved amendment S1M-2488.6 to motion S1M-2488—

Leave out "Patricia Ferguson".

After debate, the amendment was disagreed to (by division: For 31, Against 67, Abstentions 19).

Kenneth Gibson moved amendment S1M-2488.2 to motion S1M-2488—

Leave out "Iain Gray".

After debate, the amendment was disagreed to (by division: For 33, Against 66, Abstentions 18).

Mike Russell moved amendment S1M-2488.3 to motion S1M-2488—

Leave out "Cathy Jamieson".

After debate, the amendment was disagreed to (by division: For 32, Against 68, Abstentions 18).

David McLetchie moved amendment S1M-2488.1 to motion S1M-2488—

Leave out "Andy Kerr".

After debate, the amendment was disagreed to (by division: For 50, Against 67, Abstentions 1).

Kenneth MacAskill moved amendment S1M-2488.4 to motion S1M-2488—

Leave out "and Mike Watson".

After debate, the amendment was disagreed to (by division: For 30, Against 68, Abstentions 18).

The motion was then agreed to (by division: For 67, Against 50, Abstentions 1).

3. Junior Scottish Ministers: The First Minister moved S1M-2491—That the Parliament agrees that—

Richard Simpson;

Elaine Murray;

Mary Mulligan; and

Hugh Henry, be appointed as junior Scottish Ministers.

Colin Campbell moved amendment S1M-2491.1 to motion S1M-2491—

Leave out "and Hugh Henry".

After debate, the amendment was disagreed to (by division: For 31, Against 67, Abstentions 19).

The motion was then agreed to (by division: For 67, Against 50, Abstentions 1.)

4. Law Officers: That the Parliament agrees that it be recommended to Her Majesty that Elish Angiolini be appointed as Solicitor General for Scotland.

After debate, the motion was agreed to.

5. Community Care and Health (Scotland) Bill - Stage 1: The Minister for Health and Community Care moved S1M-2247—That the Parliament agrees to the general principles of the Community Care and Health (Scotland) Bill.

Nicola Sturgeon moved amendment S1M-2247.1 to motion S1M-2247—

Insert at end—

"but in doing so expresses its concern at the lack of a definition of personal care in the Bill similar to that suggested by the Care Development Group and at the fact that negotiations with Her Majesty's Government over the payment of Attendance Allowances have not yet been successfully concluded."

After debate, the amendment was disagreed to ((DT) by division: For 13, Against 81, Abstentions 0.)

The motion was then agreed to (DT).

6. Community Care and Health (Scotland) Bill - Financial Resolution: The Deputy Minister for Finance and Public Services moved S1M-2484—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Community Care and Health (Scotland) Bill, agrees to the following expenditure out of the Scottish Consolidated Fund—

(a) expenditure of the Scottish Administration in consequence of the Act; and

(b) increases attributable to the Act in the sums payable out of that Fund under any other enactment.

The motion was agreed to (DT).

7. Business Motion: Euan Robson, on behalf of the Parliamentary Bureau moved S1M-2489—That the Parliament agrees—

(a) as a revision to the Business Programme agreed on 22 November 2001

Thursday 29 November 2001

after "Business Motion" insert

12.30 pm Election of deputy Presiding Officer

(b) the following programme of business—

Wednesday 5 December 2001

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Equal Opportunities Committee Inquiry into Gypsy Travellers and Public Services

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business - debate on the subject of S1M-2175 Ms Sandra White: European Year of Languages 2001 & BSL

Thursday 6 December 2001

9.30 am Stage 1 Debate on the Water Industry (Scotland) Bill

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

12.00 noon Ministerial Statement

followed by Business Motion

2.30 pm Question Time

3.10 pm First Minister's Question Time

3.30 pm Executive Debate on Improving Scotland's Youth Justice System to Build Safer Communities

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business - debate on the subject of S1M-2428 Mr Kenneth Macintosh: 2002, Autism Awareness Year

Wednesday 12 December 2001

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 13 December 2001

9.30 am Scottish National Party Business

followed by Business Motion

2.30 pm Question Time

3.10 pm First Minister's Question Time

3.30 pm Executive Debate on Fisheries

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

and (c) that Stage 2 of the Scottish Local Government (Elections) Bill be completed by 4 December 2001 and that Stage 2 of the Sexual Offences (Procedure and Evidence) (Scotland) Bill be completed by 19 December 2001.

After debate, the motion was agreed to (by division: For 90, Against 22, Abstentions 0.)

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

9. Gaelic-Medium Education: The Parliament debated S1M-2222 in the name of Maureen Macmillan—That the Parliament notes the critical situation facing Gaelic-medium education as a consequence of the current shortage of Gaelic teachers; further notes the continuing shortage of university graduates intending to enter Gaelic-medium teaching, and urges the Scottish Executive to put into place without further delay (a) a review, update and implementation of the recommendations contained in Comunn na Gaidhlig’s proposed national policy for Gaelic Education, Framework for Growth, which was submitted to the Scottish Office in 1997 and (b) the recommendations contained in the report by the General Teaching Council for Scotland Teaching in Gaelic-medium Education - recommendations for change which was submitted to the Scottish Executive in 1999.

The meeting closed at 5.50 pm.

P E Grice

Clerk of the Parliament

28 November 2001

Appendix

(Note: this Appendix does not form part of the Minutes)

 

New Bills introduced on 27 November 2001

Land Reform (Scotland) Bill—A Bill for an Act of the Scottish Parliament to confer and regulate public rights of access to land for recreational and other purposes, and to extend some of the provisions for that purpose to rights of way and other rights; to make provision under which bodies representing rural and crofting communities may buy the land with which those communities have a connection; and for connected purposes. (SP Bill 44) (Executive Bill)

Introduced by: Mr Jim Wallace

Supported by: Ross Finnie, Iain Gray, Rhona Brankin

Explanatory Notes (and other accompanying documents) (SP Bill 44-EN) and a Policy Memorandum (SP Bill 44-PM) were printed to accompany the Bill.

Subordinate Legislation

Negative Instruments

The following instruments were laid before the Parliament on 23 November 2001 and are subject to annulment—

The Local Government (Exemption from Competition) (Scotland) Amendment Order 2001 (SSI 2001/431)—

The Local Government Act 1988 (Competition) (Scotland) Amendment Regulations 2001 (SSI 2001/432)—

laid under the Local Government Act 1988

The Smoke Control Areas (Authorised Fuels) (Scotland) Regulations 2001 (SSI 2001/433)

laid under the Clean Air Act 1993

The following instrument was laid before the Parliament on 26 November 2001 and is subject to annulment

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No.3) Regulations 2001 (SSI 2001/435)

laid under the European Communities Act 1972

The following instrument was laid before the Parliament on 27 November 2001 and is subject to annulment

The National Health Service (Superannuation Scheme, Injury Benefits and Compensation for Premature Retirement) (Scotland) Amendment regulations 2001 (SSI 2001/437)

laid under the Superannuation Act 1972

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 26 November 2001 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.2) (Scotland) Partial Revocation Order 2001 (SSI 2001/434)

laid under the Food and Environment Protection Act 1985

Other Documents

The following documents were laid before the Parliament on 27 November 2001 and are not subject to any Parliamentary procedure—

Statistical Bulletin: Criminal Proceedings in Scottish Courts 2000 (SE/2001/76)

laid under the Police (Scotland) Act 1967

Statistical Bulletin: Motor Vehicle Offences in Scotland 2000 (SE/2001/113)

laid under the Police (Scotland) Act 1967 as amended by the Police and Magistrates Courts Act 1994

Committee Reports

The following Reports were published on 23 November 2001—

Health and Community Care Committee, 21st Report 2001: Stage 1 of the Community Care and Health (Scotland) Bill (SP Paper 451)

Standards Committee, 9th Report 2001: Report on Complaint Against Tommy Sheridan MSP (SP 452)

The following Report was published on 28 November 2001

Finance Committee, 12th Report 2001: Report on Subordinate Legislation (SP Paper 455)

 

 


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