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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 3, No 52 Session 1

Wednesday 13 February 2002

 
 

The meeting opened at 12.00 pm.

1. Motion of Condolence: The First Minister moved S1M-2728-That the Parliamentwishes to express its deep regret and sadness at the death of HRH The Princess Margaret and to convey its sincere condolences to Her Majesty The Queen, Her Majesty Queen Elizabeth The Queen Mother and other members of the Royal Family in their sad bereavement.

After debate, the motion was agreed to.

2. Time for Reflection: Ms Kathryn Hendry, Brahma Kumaris World Spiritual University Representative, Scottish Inter-Faith Council, led Time for Reflection.

3. Protection of Wild Mammals (Scotland) Bill - Business Motion: Euan Robson, on behalf of the Parliamentary Bureau moved S1M-2742-That the Parliament agrees that, at Stage 3 of the Protection of Wild Mammals (Scotland) Bill, debate on each part of the proceedings shall be brought to a conclusion by the time-limits indicated (each time-limit being calculated from when Stage 3 begins and excluding any periods when the meeting is suspended)-

Group 1 to Group 3 - no later than 45 minutes

Group 4 to Group 6 - no later than 1 hour 45 minutes

Group 7 to Group 10 - no later than 2 hours 15 minutes

Group 11 - no later than 2 hours 45 minutes

Group 12 to Group 18 - no later than 3 hours 30 minutes

Group 19 - no later than 4 hours 15 minutes

Group 20 to Group 22 - no later than 4 hours 45 minutes

Group 23 - no later than 5 hours

Motion to pass the Bill - no later than 6 hours

Alex Johnstone moved amendment S1M-2742.1 to motion S1M-2742-

Leave out "no later than 6 hours" and insert-

"to be taken on another day"

After debate, the amendment was disagreed to (by division: For 20, Against 97, Abstentions 2).

The motion was then agreed to (by division: For 100, Against 19, Abstentions 1).

4. Protection of Wild Mammals (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 34, 35, 37 (as amended), 38, 44, 45, 48, 52, 53, 54, 57, 58, 59, 60, 61, 62, 65, 67, 69, 70, 71, 72, 73, 74, 75, 77, 79, 80, 81, 83, 85, 86, 87, 88, 89, 90, 92.

The following amendments were agreed to (by division)-

37A (For 97, Against 22, Abstentions 3)

41 (For 72, Against 49, Abstentions 2)

42 (For 72, Against 49, Abstentions 3)

50 (For 84, Against 33, Abstentions 2)

51 (For 74, Against 44, Abstentions 3)

56 (For 71, Against 52, Abstentions 1)

27 (For 113, Against 9, Abstentions 1)

64 (For 69, Against 47, Abstentions 3)

66 (For 83, Against 37, Abstentions 2)

99 (For 86, Against 30, Abstentions 2)

78 (For 85, Against 36, Abstentions 1)

82 (For 84, Against 34, Abstentions 2)

The following amendments were disagreed to (by division)-

2 (For 17, Against 106, Abstentions 2)

3 (For 17, Against 106, Abstentions 1)

4 (For 32, Against 88, Abstentions 4)

36 (For 37, Against 80, Abstentions 4)

7 (For 42, Against 77, Abstentions 1)

8 (For 51, Against 70, Abstentions 0)

9 (For 19, Against 101, Abstentions 1)

10 (For 19, Against 102, Abstentions 0)

55 (For 21, Against 98, Abstentions 3)

11 (For 46, Against 75, Abstentions 2)

63 (For 27, Against 90, Abstentions 1)

28 (For 39, Against 75, Abstentions 1)

29 (For 42, Against 73, Abstentions 1)

30 (For 36, Against 83, Abstentions 1)

31 (For 19, Against 98, Abstentions 1)

68 (For 46, Against 72, Abstentions 1)

100 (For 28, Against 91, Abstentions 1)

13 (For 23, Against 98, Abstentions 1)

15 (For 19, Against 99, Abstentions 1)

32 (For 24, Against 94, Abstentions 1)

18 (For 22, Against 95, Abstentions 1)

19 (For 40, Against 80, Abstentions 0)

20 (For 23, Against 97, Abstentions 0)

21 (For 23, Against 98, Abstentions 0)

22 (For 20, Against 102, Abstentions 0)

23 (For 17, Against 103, Abstentions 1)

1 (For 28, Against 90, Abstentions 7)

33 (For 33, Against 87, Abstentions 2)

84A (For 37, Against 77, Abstentions 6)

84B (For 31, Against 88, Abstentions 4)

84C (For 29, Against 87, Abstentions 6)

84D (For 28, Against 87, Abstentions 6)

84E (For 25, Against 88, Abstentions 6)

84K (For 54, Against 63, Abstentions 5)

84 (For 47, Against 67, Abstentions 10)

24 (For 36, Against 62, Abstentions 1)

25 (For 39, Against 81, Abstentions 1)

91 (For 27, Against 95, Abstentions 1)

Amendment 5 was moved and, with the agreement of the Parliament, withdrawn.

Other amendments were not moved or were pre-empted.

5. Protection of Wild Mammals (Scotland) Bill - Stage 3: Bristow Muldoon moved S1M-2726-That the Parliament agrees that the Protection of Wild Mammals (Scotland) Bill be passed.

Alex Fergusson moved amendment S1M-2726.1 to motion S1M-2726-

Leave out from "agrees" to end and insert-

"does not agree that the Protection of Wild Mammals (Scotland) Bill be passed because the compensation provisions are inadequate."

After debate, the amendment was disagreed to ((DT) by division: For 32, Against 90, Abstentions 1).

The motion was then agreed to ((DT) by division: For 83, Against 36, Abstentions 5).

6. Motion without notice: Bristow Muldoon moved without notice that, under Rule 2.2.6 (d), the debate be extended until 7.15 pm.

The motion was agreed to (by division: For 86, Against 11, Abstentions 4).

7. Motion without notice: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved without notice that, under Rule 11.2.4, Decision Time be taken at 7.15 pm.

The motion was agreed to.

8. Motion without notice: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved without notice that, under Rule 11.2.4, Decision Time be taken at 7.12 pm.

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

The meeting closed at 7.15 pm.

P E Grice

Clerk of the Parliament

13 February 2002

Appendix

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

Subordinate Legislation

Affirmative Instruments

The following instrument was laid before the Parliament on 8 February 2002 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Scotland) Order 2002 (SSI 2002/49)

laid under the Food and Environment Protection Act 1985

The following instruments were laid in draft before the Parliament on 8 February 2002 for approval by resolution-

The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Amendment Order 2002

laid under the Civic Government (Scotland) Act 1982

The Scottish Renewables Obligation (Scotland) Order 2002

laid under the Electricity Act 1989 as inserted by the Utilities Act 2000

The following instrument was laid in draft before the Parliament on 11 February 2002 for approval by resolution

The Water Undertakings (Rateable Values) (Scotland) Variation Order 2002

laid under the Local Government (Scotland) Act 1975

Negative Instruments

The following instruments were laid before the Parliament on 8 February 2002 and are subject to annulment-

The Domestic Water and Sewerage Charges (Reduction) (Scotland) Regulations 2002 (SSI 2002/47)

laid under the Local Government etc. (Scotland) Act 1994

The Notification of Marketing of Food for Particular Nutritional Uses (Scotland) Regulations 2002 (SSI 2002/50)

laid under the Food Safety Act 1990

The following instruments were laid before the Parliament on 12 February 2002 and are subject to annulment-

The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2002 (SSI 2002/51)

laid under the European Communities Act 1972

The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Stipulated Time Limit) Order 2002 (SSI 2002/55)

laid under the Ethical Standards in Public Life etc. (Scotland) Act 2000

The following instruments were laid before the Parliament on 13 February 2002 and are subject to annulment-

The Road Traffic (NHS Charges) Amendment (Scotland) Regulations 2002 (SSI 2002/56)

laid under the Road Traffic (NHS Charges) Act 1999

The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2002 (SSI 2002/58)

laid under the Sea Fish (Conservation) Act 1967

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 8 February 2002 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.14) (Scotland) Revocation Order 2002 (SSI 2002/48)

laid under the Food and Environment Protection Act 1985

The following instrument was laid before the Parliament on 13 February 2002 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (Orkney) (Scotland) Revocation Order 2002 (SSI 2002/57)

laid under the Food and Environment Protection Act 1985

Other Documents

The following document was laid before the Parliament on 8 February 2002 and is subject to approval by resolution

Special Grant Report No.1 - Special Grant for Scotland Asylum Seekers Assistance: Report by the Scottish Ministers (SE/2002/52)

laid under the Local Government Finance Act 1992

Note: The Special Grant Report No.1 - Special Grant for Scotland Asylum Seekers Assistance: Report by the Scottish Ministers (SE/2002/52), which was laid before the Parliament on 30 January 2002, has been withdrawn

Committee Reports

The following Reports were published on 8 February 2002-

Health and Community Care Committee, 1st Report 2002: Report on Subordinate Legislation (SP Paper 506)

Standards Committee, 1st Report 2002: Lobbying (SP Paper 507)

The following Reports were published on 13 February 2002-

Subordinate Legislation Committee 7th Report 2002: Delegated Powers Scrutiny, Protection of Wild Mammals (Scotland) Bill as amended at Stage 2 (SP Paper 509)

Finance Committee, 1st Report 2002: Scottish Parliamentary Standards Commissioner Bill (SP Paper 510)


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