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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 4 No 12

Wednesday 4 September 2002

 
 

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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