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

The meeting opened at 9.30 am.

1. Time for Reflection: Reverend Marion Dodd, Minister of Kelso Old and Sprouston, Jedburgh Presbytery, led Time for Reflection.

2. Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved —That the Parliament agrees as a revision to the programme of business agreed on 12 February 2003—

Wednesday 19 February 2003

after—

"2:00 pm Continuation of Stage 3 of Criminal Justice (Scotland) Bill"

delete all and insert—

"followed by Parliamentary Bureau Motions

6:30 pm Decision Time".

The motion was agreed to.

3. Criminal Justice (Scotland) Bill – Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3924—That the Parliament agrees that, during Stage 3 of the Criminal Justice (Scotland) Bill, debate on each part of the Stage 3 proceedings shall be brought to a conclusion by the time-limits indicated (each time-limit being calculated from when the Stage begins and excluding any periods when other business is under consideration or when the meeting of the Parliament is suspended or otherwise not in progress)—

Groups 1 to 4 – no later than 1 hour 15 minutes

Groups 5 to 12 – no later than 2 hours 35 minutes

Groups 13 to 18 – no later than 4 hours 15 minutes

Groups 19 to 21 – no later than 5 hours and 25 minutes

Groups 22 and 23 – no later than 5 hours and 55 minutes

Groups 24 to 30 – no later than 7 hours

Motion to pass the Bill – 7 hours 30 minutes

The motion was agreed to.

4. Fisheries: The Minister for Environment and Rural Development moved S1M-3914—That the Parliament welcomes the Executive’s commitment of up to £50 million in aid to assist fishermen, on-shore fisheries businesses and fishing communities throughout Scotland as a very substantial response to the outcome of the EU Fisheries Council in December 2002; welcomes the result of quota negotiations in the nephrops fishery and the progress made in reforms to the Common Fisheries Policy at that Council; endorses the need for sustainable economic development of Scotland’s fishing industry and communities; recognises this can best be achieved through healthier fish stocks; acknowledges this implies further restructuring of the white fish sector; welcomes the provision of up to £40 million for further decommissioning; welcomes the provision of up to £10 million in transitional support to facilitate rational economic planning and adjustment by those who wish to remain in the sector; notes that such transitional support will be conditional upon, for example, non-diversification into other valuable fisheries, such as the west coast and North Sea nephrops fisheries, and supports the Executive in its negotiations to secure a more economically realistic EU legal framework initially through amendment to the current interim EU regulation and thereafter through a successor regime.

After debate, the motion was agreed to ((DT) by division: For 66, Against 49, Abstentions 1).

Richard Lochhead moved amendment S1M-3914.1 to motion S1M-3914—

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

"condemns the deal supported by the Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs at December’s EU Fisheries Council; agrees with the Minister for Environment and Rural Development that the deal is "inequitable, unfair and even crude"; rejects the scale of the decommissioning element of the Scottish Executive’s subsequent aid package and calls on ministers to agree with industry representatives a recovery plan that includes appropriate assistance for the catching, processing and service sectors and ensures as far as possible that the industry remains intact; believes that Her Majesty’s Government and the European Commission should provide funding towards such a recovery plan; demands that the Executive and Her Majesty’s Government renegotiate immediately the days at sea and quota cuts with a view to replacing these measures at the earliest opportunity with a management regime that promotes sustainability and protects the future of our fishing communities; urges ministers to ensure that Scotland’s quota allocations only benefit active fishermen in Scotland, and recognises that the Common Fisheries Policy must be replaced by a policy that returns genuine control of our fishing grounds to the Parliament."

After debate, the amendment was disagreed to ((DT) by division: For 32, Against 80, Abstentions 1).

Mr Jamie McGrigor moved amendment S1M-3914.2 to motion S1M-3914—

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

"recognises that the results of the EU Fisheries Council in December were disastrous for Scotland; notes the severity of the crisis now facing the Scottish fishing industry; believes that the effects of the conservation measures already taken by Scottish fishermen have not been taken into full consideration; further notes the Scottish Executive’s £50 million aid package but questions the balance of allocation between decommissioning and transitional funding, and notes that the Common Fisheries Policy of collective management has been disastrous for the Scottish fishing industry and must be replaced and that only a move to national and local control will bring sustainability to the Scottish fishing industry in the future."

After debate, the amendment was disagreed to ((DT) by division: For 17, Against 70,

Abstentions 28).

5. Criminal Justice (Scotland) Bill - Stage 3: The Bill was considered at Stage 3 (Day 1).

The following amendments were agreed to (without division): 11, 12, 13, 14 and 15.

The following amendments were disagreed to (by division)—

82 (For 39, Against 62, Abstentions 0)

83 (For 25, Against 76, Abstentions 0)

Another amendment was not moved.

6. Location of a New Hospital for Forth Valley: The Parliament debated S1M-3864 in the name of Brian Monteith—That the Parliament notes the announcement by the Forth Valley NHS Board that its favoured location for a new single-site hospital for Forth Valley is the Royal Scottish National hospital site at Larbert; further notes that the board is to undertake further work including a feasibility study and transport impact assessment before submitting its outline business case to the Scottish Executive this summer; recognises that the Scottish Executive and the Minister for Health and Community Care retain the ultimate say over the location of the proposed new hospital for the area, and believes that the Executive should consider any case for a new hospital in the context of the accessibility of the hospital to the public and the consequential arrangements for community health care throughout the Forth Valley NHS Board area.

7. Criminal Justice (Scotland) Bill - Stage 3: The Parliament resumed consideration of the Bill at Stage 3 (Day 1).

The following amendments were agreed to (without division): 18, 19, 20, 21, 22, 23, 88, 89, 44, 25, 26, 27, 28, 29, 91, 30, 31, 92, 49, 50, 51, 52, 53, 54, 55, 56, 45, 4, 93, 79, 46, 47, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70.

Amendment 10 was agreed to by division (For 95, Against 15, Abstentions 1)

The following amendments were disagreed to (by division)—

87 (For 22, Against 42, Abstentions 1)

24 (For 8, Against 82, Abstentions 0)

32 (For 9, Against 83, Abstentions 0)

78 (For 12, Against 88, Abstentions 0)

33 (For 14, Against 90, Abstentions 0)

38 (For 14, Against 91, Abstentions 1)

39 (For 15, Against 92, Abstentions 0)

6 (For 18, Against 96, Abstentions 0)

95 (For 35, Against 74, Abstentions 3)

41 (For 17, Against 92, Abstentions 0)

97 (For 15, Against 87, Abstentions 0)

99 (For 42, Against 65, Abstentions 0)

7 (For 17, Against 95, Abstentions 1)

Amendments 85 and 98 were moved and, with the agreement of the Parliament, withdrawn.

Other amendments were not moved.

The Parliament ended consideration of the Bill for the day amendment 1 having been called but not moved.

8. Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3918—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the draft Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003.

The motion was agreed to (DT).

9. Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3919—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft General Commissioners of Income Tax (Expenses) (Scotland) Regulations 2003.

The motion was agreed to (DT).

10. Decision Time: Euan Robson, on behalf of the Parliamentary Bureau, moved a motion, without notice, that the Parliament agrees under rule 11.2.4 of Standing Orders that Decision Time on Wednesday 19 February 2003 be taken at 6.25 pm.

The motion was agreed to.

11. Decision Time: The Parliament took decisions on items 4, 8 and 9 as noted above.

The meeting closed at 6.29 pm.

P E Grice

Clerk of the Parliament

Wednesday 19 February

Appendix

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

Subordinate Legislation

Affirmative Instruments

The following instrument was laid before the Parliament on 14 February 2003 for approval by resolution

The following instrument was laid before the Parliament on 17 February 2002 for approval by resolution

Negative Instruments

The following instruments were laid before the Parliament on 14 February 2003 and are subject to annulment—

The following instruments were laid before the Parliament on 17 February 2002 and are subject to annulment—

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 14 February 2003 and is not subject to any Parliamentary procedure

The following instrument was laid before the Parliament on 18 February 2003 and is not subject to any Parliamentary procedure

Other Documents

The following document was laid before the Parliament on 17 February 2003 and is not subject to any Parliamentary procedure

The following document was laid before the Parliament on 19 February 2003 and is not subject to any parliamentary procedure

Committee Reports

The following Reports were published on 17 February 2003—