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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 4 No 40 Session 1

Wednesday 8 January 2003

 
 

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

The meeting opened at 1.00 pm.

1. Time for Reflection: The Right Reverend Neville Chamberlain, Bishop of Brechin, Scottish Episcopal Church, led Time for Reflection.

2. Ministerial Statement: The Minister for Environment and Rural Development made a statement on fisheries.

3. Motion Without Notice: Michael Russell moved without notice— That the Parliament calls upon the member in charge of the Local Government in Scotland Bill to propose that any sections relating to section 19 of the Fire Services Act 1947 which may be agreed to at Stage 3 be referred back to the Local Government Committee for further Stage 2 consideration as permitted under Rule 9.8.6.

After debate, the motion was disagreed to (by division: For 55, Against 57, Abstentions 2).

4. Local Government in Scotland Bill – Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3749—That the Parliament agrees that, at Stage 3 of the Local Government in 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)—

Groups 1 to 5 – no later than 35 minutes

Groups 6 to 13 – no later than 1 hour 5 minutes

Groups 14 to 21 – no later than 1 hour 45 minutes

Group 22 – no later than 2 hours

Motion to pass the Bill – no later than 2 hours 30 minutes

The motion was agreed to.

5. Local Government in Scotland Bill – Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 5, 6, 49, 50, 7, 56, 9, 10, 11, 12, 13, 14, 15, 16, 17, 51, 52, 53, 18, 54, 19, 20. 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 4, 40, 41, 42, 43, 55, 44, 45, 46, 60, 61, 62.

The following amendments were disagreed to (by division)—

1 (For 27, Against 80, Abstentions 0)

3 (For 27, Against 81, Abstentions 0)

59 (For 56, Against 56, Abstentions 2; amendment disagreed to on casting vote)

Amendment 57 was moved and, with the agreement of the Parliament, withdrawn.

Other amendments were not moved.

6. Decision Time: Euan Robson on behalf of the Parliamentary Bureau, moved S1M-3755—That the Parliament agrees under Rule 11.2.4 of the Standing Orders that Decision Time on Wednesday 8 January 2003 be taken at 5.35 pm.

The motion was agreed to.

7. Local Government in Scotland Bill – Stage 3: The Deputy Minister for Finance and Public Services moved S1M-3652—That the Parliament agrees that the Local Government in Scotland Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 96, Against 0, Abstentions 17).

8. Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3747—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003.

The motion was agreed to (DT).

9. Decision Time: The Parliament took decisions on items 7 and 8 as noted above.

10. Drugs and Driving: The Parliament debated S1M-2874 in the name of Bristow Muldoon—That the Parliament expresses concern about the number of lives lost in road traffic crashes that may have been caused by people driving whilst under the influence of legal and illegal drugs; recognises that, in law, driving while unfit through drugs is an offence; notes that Transport Research Laboratory tests demonstrated a significant increase between the 1980s and 1990s in the percentage of people testing positive for illegal drugs who have been involved in fatal collisions; welcomes the launch by the British Medical Association of its web resource on research that has been undertaken and is currently in progress; considers that there should be speedier and more specific and co-ordinated research in order that appropriate and conclusive drug testing devices can be introduced, and believes that there should be a Scottish campaign in order to educate the public that the side effects of illegal and certain prescribed drugs can affect their ability to drive.

The meeting closed at 6.24 pm.

P E Grice

Clerk of the Parliament

8 January 2003

Appendix

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

 

Subordinate Legislation

Negative Instruments

The following instruments were laid before the Parliament on 23 December 2002 and are subject to annulment—

The Seeds (Miscellaneous Amendments) (No.2) (Scotland) Regulations 2002 (SSI 2002/564)

laid under the Plant Varieties and Seeds Act 1964

The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2002 (SSI 2002/565)

laid under the European Communities Act 1972

Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002 (SSI 2002/567)—

Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No.4) 2002 (SSI 2002/568)—

laid under the Sheriff Courts (Scotland) Act 1907

Other Documents

The following documents were laid before the Parliament on 20 December 2002 and are not subject to any Parliamentary procedure—

Water Industry Commissioner for Scotland Annual Accounts 2001-02 (SE/2002/335)—

Scottish Executive Finance and Central Services Department Non-Domestic Rating Account 2001-02 (SE/2002/349)—

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

The following documents were laid before the Parliament on 23 December 2002 and are not subject to any Parliamentary procedure—

Forestry Commission Scotland Annual Report and Accounts 2001-02 (SE/2002/57)—

Scottish Executive Core Departments’ Resource Accounts for the year ended 31 March 2002 (SE/2002/333)—

Scottish Executive Consolidated Resource Accounts for the year ended 31 March 2002 (SE/2002/334)—

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

The St Mary’s Episcopal Primary School (End of Self Governing Status) Amendment (No.3) Order 2002 (SE/2002/214)

Report by the Auditor General for Scotland on the 2001-02 Audit of the Scottish Executive Consolidated Resource Accounts for the year ended 31 March 2002 (SE/2002/350)

Report by the Auditor General for Scotland on the 2001-02 Audit of the Scottish Executive Core Departments’ Resource Accounts for the year ended 31 March 2002 (SE/2002/351)

Scottish Conveyancing and Executry Services Board Annual Report and Accounts 2001-02 (SE/2002/337)

laid under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Committee Reports

The following Reports were published on 20 December 2002—

Justice 1 Committee, 12th Report 2002: Stage 1 Report on Council of the Law Society of Scotland Bill (SP Paper 724)

Justice 1 Committee, 13th Report 2002: Report on Subordinate Legislation (SP Paper 725)

Standards Committee, 11th Report 2002: Report on Complaint Against Henry McLeish MSP (SP Paper 726)

Standards Committee, 12th Report 2002: The Scottish Parliamentary Standards Commissioner Act 2002: Consequential Changes to the Code of Conduct (SP Paper 727)

The following Report was published on 6 January 2003

Subordinate Legislation Committee, 1st Report 2003: The Commissioner for Children and Young People (Scotland) Bill at Stage 1 (SP Paper 733)

The following Report was published on 7 January 2003

Justice 2 Committee, 1st Report 2003: Report of the Crown Office consultation on the appointment and role of advocate deputes (SP Paper 732)

The following Reports were published on 8 January 2003—

Justice 2 Committee, 2nd Report 2003: Petition PE336 on civil justice for asbestos victims (SP Paper 734)

Subordinate Legislation Committee, 2nd Report 2003: Delegated Powers Scrutiny: The Local Government in Scotland Bill as amended at Stage 2 (SP Paper 736)


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