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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 4, No 35 Session 1

Thursday 5 December 2002

 
 

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

The meeting opened at 9.30am.

1. Building (Scotland) Bill – Stage 1: The Minister for Social Justice moved S1M-3410—That the Parliament agrees to the general principles of the Building (Scotland) Bill.

After debate, the motion was agreed to (DT).

2. Building (Scotland) Bill – Financial Resolution: The Deputy Minister for Finance and Public Services moved S1M-3456—That the Parliament, for the purposes of any Act of the Parliament resulting from the Building (Scotland) Bill, agrees to—

(a) any increase in expenditure payable out of the Scottish Consolidated Fund in consequence of the Act, and

(b) any charge imposed, and any payment required to be made, by or under the Act.

The motion was agreed to (DT).

3. Criminal Justice Bill – UK Legislation: The Deputy Minister for Justice moved S1M-3671—That the Parliament agrees that the provisions in the Criminal Justice Bill that relate to devolved matters should be considered by the UK Parliament.

After debate, the motion was agreed to ((DT) by division: For 79, Against 27, Abstentions 0).

4. Crime (International Co-operation) Bill – UK Legislation: The Deputy Minister for Justice moved S1M-3670—That the Parliament recognises the need for the United Kingdom to ensure compliance with the international obligations for which the Crime (International Co-operation) Bill makes provision and agrees that those provisions in the bill that relate to devolved matters should be considered by the UK Parliament.

After debate, the motion was agreed to ((DT) by division: For 80, Against 27, Abstentions 0).

5. Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3675—That the Parliament agrees—

(a) the following programme of business—

Wednesday 11 December 2002

2:30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 1 Debate on Mental Health (Scotland) Bill

followed by Financial Resolution in respect of the Mental Health (Scotland) Bill

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business – debate on the subject of S1M-3589 Karen Gillon: The Sale of The Herald, Sunday Herald and Evening Times by SMG

Thursday 12 December 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 Executive Debate on Fisheries 2003

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business – debate on the subject of S1M-3464 Donald Gorrie: Debt and Lending

Wednesday 18 December 2002

2:30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 1 Debate on Homelessness (Scotland) Bill

followed by Financial Resolution in respect of Homelessness (Scotland) Bill

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business

Thursday 19 December 2002

9:30 am Finance Committee Debate on its 7th Report on Stage 2 of the 2003/2004 Budget Process

followed by Business Motion

2:30 pm Question Time

3:10 pm First Minister's Question Time

3:30 pm Stage 1 Debate on Agricultural Holdings (Scotland) Bill

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business

(b) that Stage 1 of the Gaelic Language (Scotland) Bill be completed by 27 February 2003; and

(c) that the Justice 1 Committee reports to the Justice 2 Committee by 17 December 2002 on the Act of Sederunt (Fees of Sheriff Officers) 2002 and on the draft Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2002.

The motion was agreed to.

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

7. The Future of Europe Convention – The Scottish Dimension: The Deputy First Minister and Minister for Justice moved S1M-3678—That the Parliament acknowledges the many benefits that the European Union has delivered for Europe and for Scotland, welcomes the establishment of the Convention on the Future of Europe as an open and innovative means of addressing the issues now facing the European Union; believes that, in light of experience, the European Union needs to become more effective, efficient, easier to understand, democratic, transparent and accountable; recognises the role that Sub-Member State Administrations can play in realising these objectives; welcomes the Scottish Executive’s engagement with Scottish civil society to stimulate discussion and to seek views on the Future of Europe; welcomes the contribution that the Executive has made to the debate so far, and calls on the Executive to press the Convention to bring forward proposals for strengthening the profile of the Subsidiarity Principle in the EU treaties, adopting a new mechanism for enforcing it which allows for full Sub-Member State Administration involvement, making greater use of framework legislation, consulting Sub-Member State Administrations at an early stage of policy development, generating greater transparency in European decision-making and introducing financial impact assessments for legislative proposals.

Fiona Hyslop moved amendment S1M-3678.1 to motion S1M-3678—

Leave out from "Scottish Executive’s" to end and insert—

"Convention’s proposal for a constitution or constitutional treaty for the European Union which will delimit the powers of the EU and member states; believes that the people of Scotland must be given the opportunity to approve any such treaty in a referendum; supports the Liege Declaration and the European Committee’s calls for powers for sub-member state legislatures that would give Scotland full access to the European Court of Justice; urges the Scottish Executive to actively pursue this objective, and recognises that the most effective representation in the EU for small nations like Scotland is gained by full membership."

After debate, the amendment was disagreed to ((DT) by division: For 27, Against 80, Abstentions 1).

Ben Wallace moved amendment S1M-3678.2 to motion S1M-3678—

Leave out from second "welcomes" to "so far" and insert—

"condemns the Scottish Executive’s failure to engage Scottish civil society in the debate; is disappointed in the inconsistent position of Her Majesty’s Government and the Prime Minister on the future shape of the EU; further re-affirms the principle of unanimity in key policy sectors"

After debate, the amendment was disagreed to ((DT) by division: For 17, Against 69, Abstentions 23).

The motion was then agreed to ((DT) by division: For 64, Against 19, Abstentions 26).

8. Establishment of Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3683—That the Parliament agrees to establish a committee of the Parliament as follows—

Name of Committee: National Galleries of Scotland Bill Committee

Remit: To consider the National Galleries of Scotland Bill

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

Convenership: The Convener will be a member of the Labour Party and the Deputy Convener a member of the Scottish Conservative and Unionist Party

Membership: Rhona Brankin, Maureen Macmillan, Alasdair Morgan, Mrs Margaret Smith and John Young.

The motion was agreed to (DT).

9. Establishment of Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3685—That the Parliament agrees to establish a Consolidation Committee of the Parliament as follows—

Name of Committee: Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill Committee

Remit: To consider the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill

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 Conservative and Unionist Party and the Deputy Convener a member of the Labour Party

Membership: Brian Fitzpatrick, Murdo Fraser, Duncan Hamilton, Gordon Jackson and John Farquhar Munro.

The motion was agreed to (DT).

10. Decision Time: The Parliament took decisions on items 1, 2, 3, 4, 7, 8 and 9 as noted above.

11. Osteoporosis: The Parliament debated S1M-3508 in the name of Fergus Ewing—That the Parliament notes that osteoporosis is a major public health problem which results in more than 20,000 fractures a year in Scotland, that the cost of osteoporotic fractures in the United Kingdom each year is estimated at over 1.7 billion and that one third of women and one in 12 men over 50 will suffer an osteoporotic fracture; further notes that with an ageing population profile this problem will become even more serious; is aware that osteoporosis is both treatable and largely preventable; welcomes the fact that the public and health professionals are becoming increasingly aware of osteoporosis as a major health problem but is concerned that health service provision throughout Scotland is patchy and that access to diagnostic testing and monitoring varies around the country; believes that sufficient funding can be made available so that all patients have equal access to services for both the diagnosis and treatment of osteoporosis and that all patients suffering a fragility fracture or having other risk factors for the disease should be assessed for the presence of osteoporosis, and further believes that public health campaigns should be promoting the importance of lifestyle factors as influencing bone health and preventing osteoporosis.

The meeting closed at 5.50pm.

P E Grice

Clerk of the Parliament

5 December 2002

Appendix

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

 

Subordinate Legislation

Affirmative Instruments

The following instrument was laid in draft before the Parliament on 5 December 2002 for approval by resolution

The Extended Sentences for Violent Offenders (Scotland) Order 2003

laid under the Criminal Procedure (Scotland) Act 1995

Committee Reports

The following Reports were published on 5 December 2002—

Local Government Committee, 17th Report 2002: Report on Subordinate Legislation (SP Paper 710 )

Health and Community Care Committee, 19th Report 2002: Report on Subordinate Legislation (SP Paper 711)

 


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