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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 3 No 57 Session 1

Thursday 7 March 2002

 
 

Note: (DT) signifies a decision taken at Decision Time.

The meeting opened at 9.30 am.

1. Scotch Whisky Industry: Miss Annabel Goldie moved S1M-2833—That the Parliament notes the publication of A Toast to the Future - working together for Scotch Whisky and the Scottish Executive’s pledge to "support Scottish manufacturers where EU and UK policies have an effect on the competitiveness of Scottish Industry" and "take steps to ensure that the regulatory burden is kept to a sensible minimum"; further notes that Her Majesty’s Government is considering applying tax stamps throughout the UK, a measure described by the Scotch Whisky Association as being "by far the greatest threat that the industry currently faces", and calls upon the Executive to demonstrate its stated commitment to the industry, to implement its stated pledge and, accordingly, to make representations to Her Majesty's Government against the introduction of tax stamps.

The Deputy Minister for Enterprise, Transport and Lifelong Learning moved amendment S1M-2833.2 to motion S1M-2833—

Leave out from first "notes" to end and insert—

"welcomes the Scottish Executive’s recognition of the importance of the Scotch whisky industry to the economy, the contribution that the industry makes to employment across Scotland and the Executive’s commitment to work with the industry as set out in A Toast to the Future – working together for Scotch Whisky.""

After debate, amendment S1M-2833.2 was agreed to ((DT) by division: For 65, Against 47, Abstentions 1).

Fergus Ewing moved amendment S1M-2833.1 to motion S1M-2833—

Insert at end—

"welcomes the raising by the Scottish Conservatives of an issue that is reserved; believes that the taxation imposed on whisky by successive UK governments has disadvantaged Scotch in the home market, where whisky is taxed at higher levels than wine or beer, and has also allowed other countries to seek to justify their own discriminatory tax regimes by reference to those in the UK; further believes that a tax stamp system would constitute a barrier to trade, would be inefficient and ineffective as a means of combating fraud and illicit trade, will cause many practical and technical problems in respect of, for example, labelling and storage and will impose substantial costs on the industry, and calls upon the Scottish Executive to demand that all powers relating to the regulation and taxation of the whisky industry be transferred to the Scottish Parliament."

After debate, amendment S1M-2833.1 was disagreed to ((DT) by division: For 30, Against 83, Abstentions 0).

The motion as amended was then agreed to. ((DT) by division: For 65, Against 29, Abstentions 19).

Accordingly, the Parliament resolved—That the Parliament welcomes the Scottish Executive’s recognition of the importance of the Scotch whisky industry to the economy, the contribution that the industry makes to employment across Scotland and the Executive’s commitment to work with the industry as set out in A Toast to the Future – working together for Scotch Whisky.

2. Community Care: Mary Scanlon moved S1M-2839—That the Parliament notes the unequal funding support between local authority and independently run care homes; regrets the exceptionally high levels of delayed discharge within Scotland’s hospitals; believes that the action plan to tackle delayed discharge will not solve the problem until health and social work budgets are unified, and urges the Scottish Executive to implement the recommendation of the Royal Commission chaired by Sir Stewart Sutherland to unify these budgets within a single organisation and put in place systems to ensure that funds allocated for community care are actually spent on such services.

The Minister for Health and Community Care moved amendment S1M-2839.1 to motion S1M-2839—

Leave out from "notes" to end and insert—

"acknowledges the progress that is being made towards joint resourcing and joint management of older people’s services; looks forward to further developments in the Joint Future agenda; welcomes the provisions of significant extra resources for dealing with the problems of delayed discharge and care home fees, and recognises that such resources are part of the biggest ever investment in care services for older people."

After debate, the amendment was agreed to ((DT) by division: For 64, Against 19, Abstentions 30).

The motion as amended was then agreed to ((DT) by division: For 65, Against 19, Abstentions 29).

Accordingly, the Parliament resolved—That the Parliament acknowledges the progress that is being made towards joint resourcing and joint management of older people’s services; looks forward to further developments in the Joint Future agenda; welcomes the provisions of significant extra resources for dealing with the problems of delayed discharge and care home fees, and recognises that such resources are part of the biggest ever investment in care services for older people.

3. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S1M-2850—That the Parliament agrees—

  1. the following revision to the Business Programme agreed on 28 February 2002—
  2. Thursday 7 March 2002

    after "Executive Debate on the Homelessness Task Force", insert—

    "followed by Scottish Parliamentary Corporate Body Motion"

  3. the following programme of business—

Wednesday 13 March 2002

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Procedures Committee Debate on its 2nd Report 2002: Substitution on Committees of the Scottish Parliament

followed by Standards Committee Debate on its 8th Report 2001: Report on the Investigation of Unauthorised Disclosures

followed by Justice 1 Committee Debate on its 8th Report 2001: Report on Legal Aid Inquiry

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 14 March 2002

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 Stage 1 Debate on the Scottish Qualifications Authority Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Wednesday 20 March 2002

1.45 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Ministerial Statement

followed by Stage 1 Debate on the Land Reform (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 21 March 2002

9.30 am Ministerial Statement

followed by Parliamentary Bureau Motions

followed by Stage 3 Debate on the Scottish Public Services Ombudsman Bill

followed by Business Motion

2.30 pm Question Time

3.10 pm First Minister's Question Time

3.30 pm Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

and (c) that Stage 2 of the Education (Disability Strategies and Pupils’ Records) (Scotland) Bill be completed by 29 March 2002.

The motion was agreed to.

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

5. Homelessness Task Force: The Minister for Social Justice moved

S1M-2838—That the Parliament welcomes the Scottish Executive’s commitment to preventing and alleviating homelessness in Scotland and endorses the Executive’s pledge to implement the wide-ranging recommendations contained in the final report of the Homelessness Task Force, Helping Homeless People: An Action Plan for Prevention and Effective Response.

Mr Kenneth Gibson moved amendment S1M-2838.2 to motion S1M-2838—

Leave out from "welcomes" to end and insert—

"notes the final report of the Homelessness Task Force, Helping Homeless People: An Action Plan for Prevention and Effective Response; regrets that, five years after the election of New Labour, homelessness in Scotland is higher than when they took office; seeks a commitment from the Scottish Executive to produce an action plan for implementation of the 59 recommendations within six months; believes that, for homelessness to be eradicated, the recommendations in the report must be fully resourced, and acknowledges than an independent Scotland, with full control over the benefits system, would be much better placed to tackle homelessness than an Executive dependent on the decisions and goodwill of Westminster."

After debate, the amendment was disagreed to ((DT) by division: For 31, Against 79, Abstentions 1).

Mr Keith Harding moved amendment S1M-2838.1 to motion S1M-2838—

Leave out from "welcomes" to end and insert—

"notes the publication of the final report of the Homelessness Task Force, Helping Homeless People: An Action Plan for Prevention and Effective Response, two and a half years after its inception; condemns the fact that homelessness applications to local authorities have reached record levels during that period, under the Scottish Executive, and remain close to that level; notes with concern the Executive’s decision to accept the task force’s recommendations in full without prior debate, particularly the proposals to phase out the category of priority need and to remove the local connection requirements, and calls on the Scottish Executive to take a less prescriptive approach and allow local authorities the flexibility they require in order to address the individual needs of homeless people in their areas."

After debate, the amendment was disagreed to ((DT) by division: For 17, Against 92, Abstentions 0).

The motion was then agreed to ((DT) by division: For 65, Against 17, Abstentions 30).

6. Scottish Commission for Public Audit: Robert Brown, on behalf of the Scottish Parliamentary Corporate Body, moved S1M-2845—That the Parliament agrees to the Scottish Parliamentary Corporate Body’s proposal to appoint Tom McCabe to be a member of the Scottish Commission for Public Audit.

The motion was agreed to (DT).

7. Approval of SSIs: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-2840—That the Parliament agrees that the following instruments be approved—

the draft Town and Country Planning (Fees and Applications and Deemed Applications) (Scotland) Amendment Regulations 2002;

the draft Budget (Scotland) Act 2001 (Amendment) Order 2002;

the draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2002;

the draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2002; and

the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Scotland) Order 2002.

The motion was agreed to (DT).

8. Establishment of Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-2847—That the Parliament agrees to establish a committee of the Parliament as follows—

Name of Committee: Scottish Parliamentary Standards Commissioner Bill Committee

Remit: To consider the Scottish Parliamentary Standards Commissioner Bill at Stage 2

Duration: Until the Bill is passed, or falls or is otherwise no longer in progress

Convenership: The Convener will be a member of the Scottish National Party

Membership: Sarah Boyack, Bruce Crawford, Lord James Douglas-Hamilton, Donald Gorrie, Kenny MacAskill, Kenneth Macintosh, Maureen Macmillan.

The motion was agreed to (DT).

9. Decision Time: The Parliament took decisions on items 1, 2, 5, 6, 7 and 8 as noted above.

10. Regeneration: The Parliament debated S1M-2818 in the name of Colin Campbell—That the Parliament recognises that a lack of appropriate jobs is a major problem in Scotland; notes that a main cause is the decline of heavy industry in the past three decades; considers that all local authorities, MSPs and key agencies should work together to implement a regeneration programme, and believes that the Scottish Executive should provide resources for its speedy completion.

The meeting closed at 5.58 pm.

P E Grice

Clerk of the Parliament

7 March 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 5 March 2002 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.3) (Scotland) Order 2002 (SSI 2002/80)

laid under the Food and Environment Act 1985

Negative Instruments

The following instrument was laid before the Parliament on 4 March 2002 and is subject to annulment

The Preserved Rights (Transfer of Responsible Authorities) (Scotland) Regulations 2002 (SSI 2002/76)

laid under the Health and Social Care Act 2001

The following instruments were laid before the Parliament on 4 March 2002 and are subject to annulment—

The Public Finance and Accountability (Scotland) Act 2000 (Economy, efficiency and effectiveness examinations) (Specified bodies etc.) Order 2002 (SSI 2002/77)—

The Public Finance and Accountability (Scotland) Act 2000 (Access to Documents and Information) (Relevant Persons) Order 2002 (SSI 2002/78)—

laid under the Public Finance and Accountability (Scotland) Act 2000

The following instruments were laid before the Parliament on 5 March 2002 and are subject to annulment—

The Sea Fishing (Enforcement of Community Conservation Measures)(Scotland) Amendment Order 2002 (SSI 2002/81)

laid under the Fisheries Act 1981

The Financial Assistance for Environmental Purposes (Scotland) Order 2002 (SSI 2002/83)

laid under the Environmental Protection Act 1990

The following instruments were laid before the Parliament on 6 March 2002 and are subject to annulment—

The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2002 (SSI/2002/85)

laid under the National Assistance Act 1948

The National Health Service (Optical Charges and Payments) and (General Opthalmic Services) (Scotland) Amendment Regulations 2002 (SSI/2002/86)

laid under the National Health Service (Scotland) Act 1978

The Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Amendment (Scotland) Regulations 2002 (SSI/202/87)

laid under the Food Safety Act 1990

The Civil Legal Aid (Scotland) Amendment Regulations 2002 (SSI/2002/88)

laid under the Legal Aid (Scotland) Act 1986

The following instruments were laid before the Parliament on 7 March 2002 and are subject to annulment—

The Non-Domestic Rate (Scotland) Order 2002 (SSI 2002/89)—

The Non-Domestic Rates (Levying) (Scotland) Regulations 2002 (SSI 2002/91)—

laid under the Local Government (Scotland) Act 1975

The Provision of School Education for Children under School Age (Prescribed Children) (Scotland) Order 2002 (SSI 2002/90)

laid under the Education (Scotland) Act 1980 as amended by the Standards in Scotland’s Schools etc. Act 2000

The Electricity from Non-Fossil Fuel Sources (Locational Flexibility) (Scotland) Order 2002 (SSI 2002/92)—

The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements (Modification) Order 2002 (SSI 2002/93)—

laid under the Utilities Act 2000

The Fossil Fuel Levy (Scotland) Amendment Regulations 2002 (SSI 2002/94)

laid under the Electricity Act 1989

The Adults with Incapacity (Supervision of Welfare Guardians etc. by Local Authorities) (Scotland) Regulations 2002 (SSI 2002/95)—

The Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002 (SSI 2002/96)—

The Adults with Incapacity (Recall of Guardians’ Powers) (Scotland) Regulations 2002 (SSI 2002/97)—

The Adults with Incapacity (Non-compliance with Decisions of Welfare Guardians) (Scotland) Regulations 2002 (SSI 2002/98)—

laid under the Adults with Incapacity (Scotland) Act 2000

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 5 March 2002 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No.3) (Scotland) Revocation Order 2002 (SSI 2002/82)

laid under the Food and Environment Protection Act 1985

Scottish Commission for Public Audit Papers

The following document was laid before the Parliament on 4 March 2002 and is not subject to any Parliamentary procedure

Audit Scotland Cash and Resource Accounts for the year ending 31 March 2001 and Auditors Reports Thereon (SP Paper 529)

laid under the Public Finance and Accountability (Scotland) Act 2000

Committee Reports

The following Report was published on 1 March 2002

Finance Committee, 2nd Report 2002: Report on Subordinate Legislation (SP Paper 525)

The following Report was published on 5 March 2002

Health and Community Care Committee, 2nd Report 2002: Report on Subordinate Legislation (SP Paper 526)

The following Reports were published on 7 March 2002—

Transport and the Environment Committee, 4th Report 2002: Report on Petition PE327 by the Blairingone and Saline Action Group on Organic Waste Spread on Land (SP Paper 528)

Social Justice Committee, 1st Report 2002: Report on Inquiry into the Voluntary Sector (SP Paper 531)

Justice 1 Committee, 3rd Report 2002: Report on Subordinate Legislation (SP Paper 532)

Audit Committee, 2nd Report 2002: Report on Subordinate Legislation (SP Paper 533)

Subordinate Legislation Committee, 14th Report 2002: Report on Subordinate Legislation (SP Paper 534)


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