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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 4 No 56 (Revised) Session 1

Wednesday 5 March 2003

 
 

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

The meeting opened at 10.51 am.

1. Time for Reflection: This item was not taken.

2. Fishing Vessels (Decommissioning) (Scotland) Scheme 2003: The Minister for Environment and Rural Development moved S1M-3958—That the Parliament agrees that the Fishing Vessels (Decommissioning) (Scotland) Scheme 2003 (SSI 2003/87) be approved.

Richard Lochhead moved amendment S1M-3958.1 to motion S1M-3958—

Insert at end—

"but, in doing so, calls on ministers to bring forward where necessary measures that ensure that, in the event of any decommissioning scheme, onshore businesses receive their due payments, the needs of the crews are taken into account and fishing entitlement is secured for the benefit of our fishing communities, and that vessels taken out of the industry are available for other uses in order to provide opportunities for onshore businesses to undertake conversions."

After debate, the amendment was disagreed to ((DT) by division: For 44, Against 62, Abstentions 1).

The motion was then agreed to ((DT) by division: For 64, Against 44, Abstentions 1).

3. The Sea Fishing (Transitional Support) (Scotland) (No.2) Scheme 2003: The Minister for Environment and Rural Development moved S1M-3959—That the Parliament agrees that the Sea Fishing (Transitional Support) (Scotland) (No.2) Scheme 2003 (SSI 2003/116) be approved.

Richard Lochhead moved amendment S1M-3959.1 to motion S1M-3959—

Insert at end—

"but, in doing so, supports the views of the fishing industry, fishing communities and the Rural Development Committee that the overwhelming emphasis of any Scottish Executive aid package should be on transitional aid for the fleet and onshore sectors rather than the decommissioning of vessels, and urges ministers to respond positively to the proposals by industry representatives on how this can be best achieved."

After debate, the amendment was disagreed to ((DT) by division: For 45, Against 62, Abstentions 1).

The motion was then agreed to (DT)

4. Ministerial Statement: The Minister for Enterprise, Transport and Lifelong Learning made a statement on Building Better Transport.

5. Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3983—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).

6. Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3984—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Sheriff Court Fees Amendment Order 2003 (SSI 2003/97).

The motion was agreed to (DT).

7. Homelessness etc. (Scotland) Bill – Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3985—That the Parliament agrees that, during the Stage 3 proceedings on the Homelessness etc (Scotland) Bill, debate on each part of those 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 of the Parliament is suspended)—

Groups 1 to 4 – no later than 1 hour

Groups 5 to 9 – no later than 2 hours

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

The motion was agreed to.

8. Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3991—That the Parliament agrees as a revision to the programme of business agreed on 26 February 2003—

Wednesday 5 March 2003

after—

"followed by Stage 3 of Homelessness etc. (Scotland) Bill"

insert—

"followed by Procedures Committee motion on its 1st Report 2003: Report on Changes to Standing Orders Concerning Legislative Matters, Motions and Lodging Written Questions, on its 2nd Report 2003: Report on Changes to Standing Orders Concerning Elections to the Scottish Parliamentary Corporate Body and on Changes to Standing Orders Concerning the remit of the European Committee contained in its 4th Report 2002."

The motion was agreed to.

9. Homelessness etc. (Scotland) Bill – Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 2 and 4.

The following amendments were agreed to by division—

1 (For 71, Against 22, Abstentions 0)

3 (For 67, Against 25, Abstentions 0)

6 (For 76, Against 25, Abstentions 0)

16 (For 77, Against 25, Abstentions 0)

The following amendments were disagreed to (by division)—

7 (For 19, Against 62, Abstentions 0)

8 (For 23, Against 68, Abstentions 0)

9 (For 32, Against 59, Abstentions 0)

5 (For 33, Against 61, Abstentions 0)

10 (For 29, Against 59, Abstentions 0)

12 (For 31, Against 59, Abstentions 0)

The following amendments were moved and, with the agreement of the Parliament, withdrawn: 15 and 17.

Other amendments were not moved.

10. Homelessness etc. (Scotland) Bill – Stage 3: The Minister for Social Justice moved S1M-3778—That the Parliament agrees that the Homelessness etc. (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 98, Against 0, Abstentions 10).

11. Procedures Committee, Report on Changes to Standing Orders concerning the Scottish Parliamentary Standards Commissioner, European Committee remit, Private Legislation, Temporary Conveners and the Journal of the Scottish Parliament, Report on Changes to Standing Orders concerning Legislative Matters, Motions and Lodging Written Questions, Report on Changes to Standing Orders Concerning Elections to the Scottish Parliamentary Corporate Body: Murray Tosh, on behalf of the Procedures Committee, moved S1M-3971—That the Parliament approves the recommendations for amendments to the Standing Orders of the Parliament (a) concerning the remit of the European Committee contained in the Procedures Committee’s 4th Report 2002, Changes to Standing Orders concerning the Scottish Parliamentary Standards Commissioner, European Committee remit, Private Legislation, Temporary Conveners and the Journal of the Scottish Parliament (SP Paper 665), (b) contained in the Procedures Committee’s 1st Report 2003, Changes to Standing Orders concerning Legislative Matters, Motions and Lodging Written Questions (SP Paper 783) and (c) contained in the Procedures Committee’s 2nd Report 2003, Changes to Standing Orders Concerning Elections to the Scottish Parliamentary Corporate Body (SP Paper 787) and agrees that these amendments to the Standing Orders should come into force on Thursday 6 March 2003.

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

12. Decision Time: Euan Robson, on behalf of the Parliamentary Bureau, moved without notice that, under Rule 11.2.4 of Standing Orders, Decision Time on Wednesday 5 March 2003 be taken at 4.43 pm.

The motion was agreed to.

13. Decision Time: The Parliament took decisions on items 1, 2, 4, 5, 9 and 10 as noted above.

14. European Commission Directive on Food Supplements: The Parliament debated S1M-3830 in the name of Ms Margo MacDonald—That the Parliament notes that millions of people use food supplements and herbal remedies in the UK each year; regrets that the European Commission has published a directive on food supplements that will firstly reduce the numbers of supplements offered and secondly reduce the potency of those which remain, and, whilst noting Her Majesty’s Government’s assurances that such supplements will be treated as favourably as possible under UK law, considers that the Scottish Executive should do everything within its power to protect the right of consumers to continue to access the full range of supplements currently available.

The meeting was suspended from 5.01 pm to 5.29 pm

15. Motion without Notice: Alex Johnstone, on behalf of the Parliamentary Bureau, moved without notice that the Parliament agrees under Rule 2.7.2 of Standing Orders, that for the purposes of completing Members’ Business on Wednesday 5 March 2003, the Meeting of the Parliament shall be held in Committee Room 1, Committee Chambers.

The motion was agreed to.

16. Motion without Notice: Ms Margo MacDonald moved without notice that, under Rule 8.14.3 of Standing Orders, the debate be extended for up to 15 minutes.

The motion was agreed to.

The meeting closed at 6.26 pm.

P E Grice

Clerk of the Parliament

5 March 2003

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 3 March 2003 for approval by resolution

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

laid under the Health Act 1999

Note: The draft General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, which was laid before the Parliament on 27 February 2003, has been withdrawn

Negative Instruments

The following instruments were laid before the Parliament on 28 February 2003 and are subject to annulment—

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2003 (SSI 2003/118)

laid under the European Communities Act 1972

The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 20003 (SSI 2003/119)

laid under the Ethical Standards in Public Life etc. (Scotland) Act 2000

The following instrument was laid before the Parliament on 3 March 2003 and is subject to annulment

The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Stipulated Time Limit) Order 2003 (SSI 2003/122)

laid under the Ethical Standards in Public Life etc. (Scotland) Act 2000

The following instruments were laid before the Parliament on 5 March 2003 and are subject to annulment—

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2003 (SSI 2003/130)—

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2003 (SSI 2003/131)—

laid under the National Health Service (Scotland) Act 1978

The Miscellaneous Food Additives (Amendment) (Scotland) Regulations 2003 (SSI 2003/132)

laid under the Food Safety Act 1990

Other Documents

The following documents were laid before the Parliament on 5 March 2003 and are not subject to any Parliamentary procedure—

Aberdeen College: Report of the Board of Management and Financial Statements for the year ended 31 July 2003 (SE/2003/21)—

Anniesland College: Report of the Board of Management and Accounts for the year ended 31 July 2003 (SE/2003/23)—

Oatridge Agricultural College: Report of the Board of Management and Financial Statements for the year ended 31 July 2003 (SE/2003/56)—

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

Committee Reports

The following Reports were published on 28 February 2003—

Procedures Committee, 1st Report 2003: Report on Changes to Standing Orders concerning Legislative Matters, Motions and Lodging Written Questions (SP Paper 783)

Education, Culture and Sport Committee, 4th Report 2003: Stage 1 Report on the Gaelic Language (Scotland) Bill (SP Paper 785)

Procedures Committee, 2nd Report 2003: Report on Changes to Standing Orders Concerning Elections to the Scottish Parliamentary Corporate Body (SP Paper 787)

Rural Development Committee, 4th Report 2003: Report on Inquiry into Current Issues Facing the Scottish Fishing Industry (SP Paper 789)

Justice 1 Committee, 2nd Report 2003: Report on Subordinate Legislation (SP Paper 790)

The following Report was published on 3 March 2003

Subordinate Legislation Committee, 20th Report 2003: Delegated Powers Scrutiny: Homelessness etc. (Scotland) Bill as amended at Stage 2 (SP Paper 808)


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