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Note: (DT) signifies a decision taken at Decision Time.
The meeting opened at 2.30 pm.
1. Time for Reflection:
The Right Reverend Monsignor Michael J. Conway of St. Ignatius
Parish, Wishaw, led Time for Reflection.
2. Business Motion: Euan
Robson, on behalf of the Parliamentary Bureau, moved S1M-3344—That
the Parliament agrees—
(a) as a revision to the Business Programme agreed on Wednesday
26 June 2002—
Wednesday 4 September 2002
after first Parliamentary Bureau Motions, delete all and
insert—
"followed by Executive Debate on Scottish
Water Supplies and Public Health
followed by Ministerial Statement on the World
Summit on Sustainable Development
followed by Parliamentary Bureau Motions
5.00 pm Decision Time
followed by Members' Business - debate on the subject
of S1M-3327 Karen Gillon: Attacks on Emergency Service Staff"
(b) the following programme of business—
Thursday 5 September 2002
9.30 am Ministerial Statement on Prison Estates
followed by Executive Debate on The Scottish Fuel
Poverty Statement
followed by Business Motion
2.30 pm Question Time
3.10 pm First Minister's Question Time
3.30 pm Executive Debate on Throughcare and Aftercare
of Looked After Children
followed by Parliamentary Bureau Motions
5.00 pm Decision Time
followed by Members' Business - debate on the subject
of S1M-3309 Mrs Margaret Ewing: NHS Dental Services in Moray
and (c) that Stage 1 of the Public Appointments and Public
Bodies etc. (Scotland) Bill be completed by 1 November 2002.
After debate, the motion was agreed to.
3. Business Motion: Euan
Robson, on behalf of the Parliamentary Bureau, moved S1M-3332—That
the Parliament agrees that the date
for completion of Stage 1 of the Criminal Justice (Scotland)
Bill be extended to 18 September 2002.
The motion was agreed to.
4. Scottish Water Supplies and Public Health: The
Minister for Environment and Rural Development moved S1M-3338—That
the Parliament recognises the progress made over recent years
in improving Scotland’s drinking water quality; acknowledges
that substantial investment in the water industry infrastructure
and its operation is needed to increase further water quality
standards and enhance the protection of public health, as identified
in Investment Priorities for Scotland’s Water Authorities
2002-06, and supports the continued implementation by the
Scottish Executive, Scottish Water, regulators and NHS boards
of the most rigorous regime possible in terms of monitoring,
reporting and assessment of water quality.
Bruce Crawford moved amendment S1M-3338.1
to motion S1M-3338—
Leave out from "recognises"
to end and insert—
"believes that it is a fundamental right of Scotland’s
citizens to have access to a clean and safe water supply
to ensure that public health is not compromised; requests
the Transport and the Environment Committee to initiate
an inquiry into the extent of contamination of water supplies
from cryptosporidium, trihalomethanes and lead, or other
sources of contamination, and into whether the investment
programme currently planned by Scottish Water is adequate
to ensure these clean and safe supplies and to restore public
confidence in the water that people drink and use; further
requests the Transport and the Environment Committee to
consider whether the current regulatory regime with separate
offices for the Water Commissioner and the Water Regulator
acts in the best interests of the consumer; believes that
legislation concerning the supply of water contaminated
by cryptosporidium should be introduced bringing the level
of protection afforded to consumers in Scotland to at least
the level in England, and has serious reservations about
the inept handling of the recent cryptosporidium outbreak
in Glasgow by the Minister for Environment and Rural Development
and Scottish Water, in particular the failure to fully implement
the findings of the report produced by the Outbreak Control
Team in November 2001 and to adequately and accurately inform
the public about the safety of their water supply."
After debate, the amendment was disagreed to ((DT) by division:
For 35, Against 78, Abstentions 0).
John Scott moved amendment S1M-3338.2 to motion S1M-3338—
Leave out from "recognises" to end and insert—
"notes the need to improve drinking water quality
across Scotland; further notes the need for significant
investment to achieve this; supports the implementation
by the Scottish Executive, Scottish Water, regulators and
NHS boards of an even more robust regime in terms of monitoring,
reporting and assessment of water quality, and regrets the
Executive’s handling, through Scottish Water, of Scotland’s
drinking water supplies, which has lead to inconvenience,
worry and real danger for the citizens of Glasgow and other
affected consumers across Scotland."
After debate, the amendment was disagreed to ((DT) by division:
For 50, Against 66, Abstentions 0).
The motion was then agreed to ((DT) by division: For 64, Against
51, Abstentions 1).
5. Ministerial Statement: The First Minister made
a statement on the World Summit on Sustainable Development.
6. Designation of Lead Committee: Euan Robson, on
behalf of the Parliamentary Bureau, moved S1M-3345—That
the Parliament agrees the following designation of Lead Committee—
the Justice 2 Committee to consider the Act of Sederunt
(Fees of Solicitors in the Sheriff Court) (Amendment No.3)
2002 (SSI 2002/328)
The motion was agreed to (DT).
7. Decision Time:
The Parliament took decisions on item 4 and 6 as noted above.
8. Attacks on Emergency
Service Staff: The Parliament debated S1M-3327 in the name
of Karen Gillon—That the Parliament condemns the mindless
attacks against emergency services workers; recognises the vital
role that fire-fighters, ambulance staff and police officers
provide in supporting the local community and ensuring public
safety, and considers that the Scottish Executive should take
all necessary steps to ensure that the safety of all staff who
work within the emergency services is safeguarded.
The meeting closed at 6.02 pm.
P E Grice
Clerk of the Parliament
4 September 2002
Appendix
(Note: this Appendix does not form part of
the Minutes)
Subordinate Legislation
Affirmative Instruments
The following instruments were laid before the Parliament on
4 July 2002 for approval by resolution—
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish
Poisoning) (West Coast) (No. 7) (Scotland) Order 2002 (SSI
2002/332)
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish
Poisoning) (West Coast) (No. 8) (Scotland) Order 2002 (SSI
2002/333)—
laid under the Food and Environment Protection
Act 1985
The following instrument was laid before the Parliament on
15 July 2002 for approval by resolution—
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish
Poisoning) (Orkney) (Scotland) Order 2002 (SSI 2002/345)
laid under the Food and Environment Protection
Act 1985
The following instrument was laid before the Parliament on
23 July 2002 for approval by resolution
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish
Poisoning) (West Coast) (No.9) (Scotland) Order 2002 (SSI
2002/350)
laid under the Food and Environment Protection
Act 1985
The following instrument was laid before the Parliament on
25 July 2002 for approval by resolution
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish
Poisoning) (Orkney) (No.2) (Scotland) Order 2002 (SSI 2002/353)
laid under the Food and Environment Protection
Act 1985
The following instrument was laid before the Parliament on
31 July 2002 for approval by resolution
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish
Poisoning) (West Coast) (No.10) (Scotland) Order 2002 (SSI
2002/357)
laid under the Food and Environment Protection
Act 1985
The following instrument was laid before the Parliament on
28 August 2002 for approval by resolution
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish
Poisoning) (West Coast) (No.11) (Scotland) Order 2002 (SSI
2002/388)
laid under the Food and Environment Protection
Act 1985
The following instrument was laid in draft before the Parliament
on 28 August 2002 for approval by resolution
The Scottish Public Services Ombudsman Act 2002 (Amendment)
Order 2002
laid under the Scottish Public Services Ombudsman
Act 2002
Negative Instruments
The following instruments were laid before the Parliament on
28 June 2002 and are subject to annulment—
The Environmental Impact Assessment (Scotland) Amendment
Regulations 2002 (SSI 2002/324)
laid under the European Communities Act 1972 and the Town
and Country Planning (Scotland) Act 1997
The Common Agricultural Policy (Wine) (Scotland) Regulations
2002 (SSI 2002/325)
laid under the European Communities Act 1972
Act of Sederunt (Fees of Solicitors in the Sheriff Court)
(Amendment No.3) 2002 (SSI 2002/328)
laid under the Sheriff Courts (Scotland) Act 1907
The following instruments were laid before the Parliament on
4 July 2002 and are subject to annulment—
The Late Payment of Commercial Debts (Scotland) Regulations
2002 (SSI 2002/335)
laid under the European Communities Act 1972
The Late Payment of Commercial Debts (Rate of Interest)
(Scotland) Order 2002 (SSI 2002/336)
laid under the Late Payment of Commercial Debts
(Interest) Act 1998
The following instrument was laid before the Parliament on
23 July 2002 and is subject to annulment
The Contaminants in Food (Scotland) Amendment Regulations
2002 (SSI 2002/349)
laid under the Food Safety Act 1990
The following instrument was laid before the Parliament on
30 July 2002 and is subject to annulment
The Food and Animal Feedingstuffs (Products of Animal Origin
from China) (Emergency Control) (Scotland) Amendment Regulations
2002 (SSI 2002/356)
laid under the European Communities Act 1972
The following instrument was laid before the Parliament on
16 August 2002 and is subject to annulment
The A9 Trunk Road (Ballinluig) (Temporary 50mph Speed Limit)
(Continuation) Order 2002 (SSI 2002/371)
laid under the Road Traffic Regulation Act 1984
The following instrument was laid before the Parliament on
22 August 2002 and is subject to annulment
The Sports Grounds and Sporting Events (Designation) (Scotland)
Amendment Order 2002 (SSI 2002/382)
laid under the Criminal Law (Consolidation) (Scotland)
Act 1995
The following instruments were laid before the Parliament on
28 August 2002 and are subject to annulment—
The Registration of Births, Deaths and Marriages (Fees) (Scotland)
Order 2002 (SSI 2002/389)
laid under the Public Expenditure and Receipts
Act 1968
The Births, Deaths, Marriages and Divorces (Fees) (Scotland)
Amendment Regulations 2002 (SSI 2002/390)
laid under the Registration of Births, Deaths and Marriages
(Scotland) Act 1965
The Education (Disability Strategies) (Scotland) Regulations
2002 (SSI 2002/391)
laid under the Education (Disability Strategies and Pupils
Educational Records) (Scotland) Act 2002
The following instrument was laid before the Parliament on
2 September 2002 and is subject to annulment
The Food for Particular Nutritional Uses (Addition of Substances
for Specific Nutritional Purposes) (Scotland) Regulations
2002 (SSI 2002/397)
laid under the Food Safety Act 1990
The following instruments were laid before the Parliament on
3 September 2002 and are subject to annulment—
The Road Traffic (Permitted Parking Area and Special Parking
Area) (Perth and Kinross Council) Designation Order 2002
(SSI 2002/398)—
The Road Traffic (Parking Adjudicators) (Perth and Kinross
Council) Regulations 2002 (SSI 2002/400)—
laid under the Road Traffic Act 1991
The Parking Attendants (Wearing of Uniforms) (Perth and
Kinross Council Parking Area) Regulations 2002 (SSI 2002/399)
laid under the Road Traffic Regulation Act 1984
The Conservation of Seals (Scotland) Order 2002 (SSI 2002/404)
laid under the Conservation of Seals Act 1970
The following instrument was laid before the Parliament on
4 September 2002 and is subject to annulment
The Electricity Act 1989 (Requirement of Consent for Offshore
Generating Stations) (Scotland) Order 2002 (SSI 2002/407)
laid under the Electricity Act 1989
Not Subject to any Parliamentary Procedure
The following instruments were laid before the Parliament on
22 August 2002 and are not subject to any Parliamentary procedure—
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish
Poisoning) (West Coast) (No.5) (Scotland) Partial Revocation
Order 2002 (SSI 2002/383)—
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish
Poisoning) (West Coast) (No.8) (Scotland) Revocation Order
2002 (SSI 2002/384)—
laid under the Food and Environment Protection
Act 1985
The following instruments were laid before the Parliament on
3 September 2002 and are not subject to any Parliamentary procedure—
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish
Poisoning) (West Coast) (No.9) (Scotland) Revocation Order
2002 (SSI 2002/401)—
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish
Poisoning) (Orkney) (Scotland) Revocation Order 2002 (SSI
2002/402)—
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish
Poisoning) (Orkney) (No.2) (Scotland) Revocation Order 2002
(SSI 2002/403)—
laid under the Food and Environment Protection
Act 1985
Other Documents
The following document was laid before the Parliament on 3
July 2002 and is not subject to any Parliamentary procedure
Construction Industry Training Board Annual Report
2001 (SE/2002/184)
laid under the Scotland Act 1998
The following documents were laid before the Parliament on
4 July 2002 and are not subject to any Parliamentary procedure—
The Financial Reporting Advisory Board: Report for the
period April 2001 to March 2002 (SE/2002/103)
Crofting Reform Proposals for Legislation (SE/2002/105)
The following document was laid before the Parliament on 9
July 2002 and is not subject to any Parliamentary procedure
Scottish Legal Ombudsman Annual Report 2001-2002 (SE/2002/107)
laid under the Law Reform (Miscellaneous Provisions) (Scotland)
Act 1990
The following documents were laid before the Parliament on
10 July 2002 and are not subject to any Parliamentary procedure—
Engineering Construction Industry Training Board: Annual
Report and Financial Statements 2001 (SE/2002/187)
Engineering Construction Industry Training Board: Report
and Accounts Year Ended 31 December 2001 (SE/2002/188)
The following documents were laid before the Parliament on
11 July 2002 and are not subject to any Parliamentary procedure—
Scottish Prison Service Annual Report and Accounts 2001-02
(SE/2002/178)
laid under the Prisons (Scotland) Act 1989
British Tourist Authority Accounts 2001-02 (SE/2002/189)
laid under the Development of Tourism Act 1969
The following document was laid before the Parliament on 12
July 2002 and is not subject to any parliamentary procedure
The Scottish Transport Group Report and Accounts for the
period 1 April 2001 to 7 June 2002 (SE/2002/186)
laid under the Transport Act 1962 as amended by the Transport
Act 1968
The following document was laid before the Parliament on 15
July 2002 and is not subject to any parliamentary procedure
The British Library 29th Annual Report and Accounts
2001-02 (SE/2002/119)
laid under the British Library Act 1972
The following document was laid before the Parliament on 16
July 2002 and is not subject to any parliamentary procedure
National Lottery Commission Annual Report and Accounts
2001-02 (SE/2002/197)
laid under the National Lottery etc. Act 1993 and the
National Lottery Act 1998
The following documents were laid before the Parliament on
18 July 2002 and are not subject to any parliamentary procedure—
sportscotland National Lottery Fund: Statement of Account
Prepared Pursuant to Section 35 of the National Lottery
etc Act 1993 (SE/2002/183)
laid under the National Lottery etc. Act 1993
Communities Scotland Regulation & Inspection Annual
Report 2001-02 (SE/2002/193)
The following documents were laid before the Parliament on
23 July 2002 and are not subject to any parliamentary procedure—
National Radiological Protection Board Accounts 2001-02
(SE/2002/192)
laid under the Radiological Protection Act 1970
Meat Hygiene Service Protecting Public Health and Animal
Welfare: Annual Report and Accounts 2001-02 (SE/2002/195)
Horticultural Development Council Annual Report and Accounts
2000-01 (SE/2002/199)
laid under the Industrial Organisation and Development
Act 1970 as amended by the Scotland Act 1998
The following documents were laid before the Parliament on
24 July 2002 and are not subject to any parliamentary procedure—
United Kingdom Sports Council Lottery Distribution Account
2001-02 (SE/2002/200)
laid under the National Lottery etc Act 1998
and the Scotland Act 1998
Scottish Legal Aid Board Annual Report Delivering Our Objectives
2001-02 (SE/2002/201)
laid under the Legal Aid (Scotland) Act 1986
Scottish Legal Aid Board Statement of Accounts for the
year ended 31 March 2002 (SE/2002/202)
laid under the Public Finance and Accountability
(Scotland) Act 2000
The following documents were laid before the Parliament on
29 July 2002 and are not subject to any Parliamentary procedure—
Highlands and Islands Airports Limited Annual Report and
Accounts 2001-02 (SE/2002/203)
laid under the Civil Aviation Act 1982
Comataidh Craolaidh Gaidhlig Aithisg Bhliadhnail and Cunntasan
2001-02 (SE/2002/207)
Gaelic Broadcasting Committee Annual Report and Accounts
2001-02 (SE/2002/207)
laid under the Broadcasting Act 1990
The following document was laid before the Parliament on 31
July 2002 and is not subject to any Parliamentary procedure
British Waterways Annual Report and Accounts 2001-02 (SE/2002/194)
laid under the Transport Act 1962
The following documents were laid before the Parliament on
2 August 2002 and are not subject to any Parliamentary procedure—
Ayrshire and Arran Acute Hospitals NHS Trust: Annual Accounts
2001-02 (SE/2002/126)—
Forth Valley Acute Hospitals NHS Trust: Annual Accounts
2001-02 (SE/2002/134)—
Highland Acute Hospitals NHS Trust: Annual Accounts 2001-02
(SE/2002/139)—
North Glasgow University Hospitals NHS Trust: Annual Accounts
2001-02 (SE/2002/146)—
South Glasgow University Hospitals NHS Trust: Annual Accounts
2001-02 (SE/2002/148)—
laid under the Public Finance and Accountability
(Scotland) Act 2000
The following documents were laid before the Parliament on
5 August 2002 and are not subject to any Parliamentary procedure—
National Board for Nursing, Midwifery and Health Visiting
for Scotland: Annual Report 2002-02 (SE/2002/208)
laid under the Nurses, Midwives and Health Visitors
Act 1997
Scottish Tourist Board: Accounts for the year ended 31
March 2002 (SE/2002/209)
laid under the Public Finance and Accountability
(Scotland) Act 2000
The following document was laid before the Parliament on 8
August 2002 and is not subject to any Parliamentary procedure
Scottish Law Commission Report on Title to Sue for Non-Patrimonial
Loss (SE/2002/179)
laid under the Law Commissions Act 1965
The following documents were laid before the Parliament on
12 August 2002 and are not subject to any Parliamentary procedure—
Yorkhill NHS Trust Annual Accounts 2001-02 (SE/2002/152)
National Board for Nursing, Midwifery and Health visiting
for Scotland Annual Accounts 2001-2002 (SE/2002/210)—
laid under the Public Finance and Accountability
(Scotland) Act 2000
The following documents were laid before the Parliament on
15 August 2002 and are not subject to any Parliamentary procedure—
Dumfries and Galloway Hospitals NHS Trust Annual Accounts
2001-02 (SE/2002/130)
Fife Acute Hospitals NHS Trust Annual Accounts 2001-02
(SE/2002/132)
Lothian University Hospitals NHS Trust Annual Accounts
2001-02 (SE/2002/145)—
laid under the Public Finance and Accountability
(Scotland) Act 2000
The following document was laid before the Parliament on 16
August 2002 and is not subject to any Parliamentary procedure
Statement of Guarantee: Highland Acute Hospitals NHS Trust
(SE/2002/213)
laid under paragraph 2(2) of schedule 7B to the National
Health Service (Scotland) Act 1978
The following documents were laid before the Parliament on
20 August 2002 and are not subject to any Parliamentary procedure—
Health Education Board for Scotland Annual Accounts 2001-02
(SE/2002/170)
Mental Welfare Commission for Scotland Annual Accounts
2001-02 (SE/2002/172)
Scottish Council for Postgraduate Medical and Dental Education
Annual Accounts 2002-02 (SE/2002/175)
Scottish Hospital Trust Annual Accounts 2001-02 (SE/2002/177)—
laid under the Public Finance and Accountability
(Scotland) Act 2000
The following documents were laid before the Parliament on
20 August 2002 and are not subject to any Parliamentary procedure—
Tayside University Hospitals NHS Trust Annual Accounts
2001-02 (SE/2002/149)—
Health Technology Board for Scotland Annual Accounts 2001-02
(SE/2002/171)—
NHS 24 Annual Accounts 2001-02 (SE/2002/173)—
laid under the Public Finance and Accountability
(Scotland) Act 2000
The following documents were laid before the Parliament on
26 August 2002 and are not subject to any Parliamentary procedure—
Clinical Standards Board for Scotland Annual Accounts 2001-02
(SE/2002/168)—
The State Hospital Board for Scotland Annual Accounts 2001-02
(SE/2002/176)—
Account Under Regulation G3 of the Teachers’ Superannuation
(Scotland) Regulation 1997 as Amended for the year ended
31 March 2001 (SE/2002/217)—
Scottish Public Pensions Agency Pension Scheme Statement:
NHS Pension Scheme (Scotland) 2000-01 (SE/2002/220)—
laid under the Public Finance and Accountability
(Scotland) Act 2000
Audit of the Account Under Regulation G3 of the Teachers’
Superannuation (Scotland) Regulation 1997 as Amended for
the year ended 31 March 2001: Report by the Auditor General
for Scotland (SE/2002/218)
Audit of the NHS Pension Scheme (Scotland) 2000-01: Report
by the Auditor General for Scotland (SE/2002/221)
Historic Scotland Annual Report 2001-02, Accounts 2001-02
and Corporate Plan 2002-03 (SE/2002/198)
laid under the Exchequer and Audit Departments
Act 1921
Report by the Education, Culture and Sport Committee on
a Proposed Commissioner for Children and Young People Bill:
Response by the Scottish Executive (SE/2002/219)
The following documents were laid before the Parliament on
29 August 2002 and are not subject to any Parliamentary procedure—
The Housing (Scotland) Act 1987 (Right to buy) (Cost Floor)
Determination 2002 (SE/2002/223)
Audit Committee 5th Report, Accounting Treatment of PPP/PFI
Projects: Scottish Executive Response to Andrew Welsh MSP
(SE/2002/225)
The following documents were laid before the Parliament on
2 September 2002 and are not subject to any Parliamentary procedure—
HM Chief Inspector of Prisons for Scotland Annual Report
2001-02 (SE/2002/191)
Scottish Enterprise Annual Report and Accounts 2001-02
(SE/2002/215)
laid under the New Towns (Scotland) Act 1990
Report by the Auditor General for Scotland on the 2001-02
of Scottish Enterprise (SE/2002/226)
The following document was laid before the Parliament on 4
September 2002 and is not subject to any Parliamentary procedure
VisitScotland Report and Accounts 2001-02 (SE/2002/261)
laid under the Development and Tourism Act 1969
Committee Reports
The following Reports were published on 28 June 2002—
Subordinate Legislation Committee, 30th Report
2002: Report on Subordinate Legislation (SP Paper 613)
Rural Development Committee, 9th Report 2002:
Report on Subordinate Legislation (SP Paper 614)
Justice 1 Committee, 7th Report 2002:
Subordinate Legislation (SP Paper 616)
The following Reports were published on 2 July 2002—
Justice 1 Committee, 6th Report 2002:
Report on the Prison Estates Review (SP Paper 612)
Transport and the Environment Committee, 12th
Report 2002: Report on Subordinate Legislation (SP 619)
The following Reports were published on 3 July 2002—
Standards Committee, 6th Report 2002:
Consultation on Cross-Party Groups in the Scottish Parliament
(SP Paper 620)
Standards Committee, 7th Report 2002:
Report on Replacing the Members’ Interests Order: Proposal
for a Committee Bill (SP Paper 621)
The following Reports were published on 4 July 2002—
Education, Culture and Sport Committee, 11th
Report 2002: Report on Proposed Commissioner for Children
and Young People Bill (SP Paper 617)
European Committee, 3rd Report 2002:
Report on the Inquiry into the Future of Cohesion Policy
and Structural Funds post 2006 (SP Paper 618)
The following Report is being published on 5 July 2002
Audit Committee, 5th Report 2002: Report
on Public Accounts (SP Paper 615)
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