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Note: (DT) signifies a decision taken at Decision
Time.
The meeting opened at 9.30 am.
1. Time for Reflection:
The Reverend Donald Reid, of the Diocese of Glasgow and Galloway
in the Scottish Episcopal Church; and Director of the Scottish
Civic Forum, led Time for Reflection.
2. Agricultural Holdings (Scotland) Bill
Business Motion: Euan Robson, on behalf of the Parliamentary
Bureau, moved S1M-4014That the Parliament agrees that,
during the Stage 3 proceedings on the Agricultural Holdings
(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 9 - no later than 1 hour 10 minutes
Groups 10 to 17 - no later than 2 hours and 40 minutes
Groups 18 to 20 - no later than 3 hours and 30 minutes
Groups 21 and 22 - no later than 4 hours
Groups 23 to 28 - no later than 5 hours
Motion to pass the Bill - no later than 5 hours and
30 minutes
The motion was agreed to.
3. Agricultural Holdings (Scotland) Bill - Stage
3: The Bill was considered at Stage 3.
The following amendments were agreed to without division: 45,
46, 47, 48, 49, 50, 51, 52, 53, 58, 59, 60, 61, 62, 63, 65,
66, 67, 68, 69, 70, 72, 73, 74, 75, 76, 79, 80, 81, 82, 83,
84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 98, 99, 101,
102, 104, 105, 107, 108, 109, 110, 111, 113, 115, 116, 117,
118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129,
131, 132, 133, 134, 135, 136.
The following amendments were agreed to (by division)
44 (For 75, Against 11, Abstentions 0)
64 (For 80, Against 12, Abstentions 0)
71 (For 74, Against 21, Abstentions 0)
77 (For 84, Against 13, Abstentions 0)
78 (For 84, Against 13, Abstentions 0)
96 (For 82, Against 13, Abstentions 0)
97 (For 83, Against 15, Abstentions 0)
100 (For 85, Against 16, Abstentions 0)
103 (For 75, Against 25, Abstentions 0)
36 (For 89, Against 16, Abstentions 0)
106 (For 80, Against 2, Abstentions 23)
114 (For 68, Against 37, Abstentions 0)
130 (For 66, Against 37, Abstentions 0)
The following amendments were disagreed to (by division)
4 (For 11, Against 77, Abstentions 0)
6 (For 30, Against 59, Abstentions 0)
7 (For 12, Against 73, Abstentions 0)
9 (For 20, Against 72, Abstentions 0)
11 (For 11, Against 81, Abstentions 0)
54 (For 11, Against 77, Abstentions 0)
14 (For 12, Against 81, Abstentions 0)
64A (For 22, Against 72, Abstentions 0)
17 (For 8, Against 81, Abstentions 0)
18 (For 12, Against 78, Abstentions 0)
19 (For 11, Against 82, Abstentions 0)
20 (For 11, Against 84, Abstentions 0)
22 (For 13, Against 81, Abstentions 0)
79A (For 23, Against 75, Abstentions 0)
24 (For 12, Against 84, Abstentions 0)
26 (For 10, Against 82, Abstentions 0)
28 (For 20, Against 75, Abstentions 0)
100A (For 22, Against 75, Abstentions 0)
29 (For 22, Against 79, Abstentions 0)
31 (For 23, Against 77, Abstentions 0)
139 (For 25, Against 79, Abstentions 0)
111A (For 22, Against 82, Abstentions 0)
42 (For 23, Against 77, Abstentions 1)
The following amendments were moved and, with the agreement
of the Parliament, withdrawn: 43, 25.
Other amendments were not moved or were pre-empted.
4. Agricultural Holdings (Scotland) Bill
Stage 3: The Minister for Environment
and Rural Development moved S1M-3867That the Parliament
agrees that the Agricultural Holdings (Scotland)
Bill be passed.
Alex Fergusson moved amendment S1M-3867.1
to motion S1M-3867
Insert at end
"but, in doing so, regrets that, despite the worthwhile
provisions in the Bill, the pre-emptive right to buy has
undermined them; notes that there are indications that land
to let is already becoming unavailable; believes that the
present arrangement of allowing greater flexibility in the
detail of leases between landlord and tenant is imperative
for the tenanted sector, and considers certain provisions
within the Bill are contrary to the interests of that sector
and fail to provide opportunities for the next generation
of farming tenants, thus failing to reinvigorate the tenanted
sector of agriculture in accordance with the Bills
stated intention."
After debate, the amendment was disagreed
to ((DT) by division: For 17, Against 93, Abstentions 0).
The motion was then agreed to ((DT) by division: For 93, Against
15, Abstentions 0).
5. Decision Time:
The Parliament took decisions on item 4 as noted above.
6. New Forth Road Bridge
Crossing Near Kincardine: The Parliament debated S1M-3953
in the name of Dr Richard SimpsonThat the Parliament
welcomes the completion of the A907; notes the current intention
of the Scottish Executive to reopen the Stirling to Alloa and
Kincardine rail link by 2005 and construct a new Forth road
bridge crossing by 2007; further notes the benefits to the economy
of Clackmannanshire that will result from these infrastructure
improvements; notes, however, that the recent decision for the
favoured site of a new acute hospital for Forth Valley to be
at the Royal Scottish National Hospital, Larbert, will have
significant implications for the road networks to the south
of the Forth road crossing, and considers that the Executive
should ensure that the design of this network and its date of
completion are expedited in order to ensure the safety of patients
in Ochil and Stirling constituencies as well as those from the
west of Fife.
The meeting closed at
5.56 pm.
P E Grice
Clerk of the Parliament
12 March 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
7 March 2003 and are subject to annulment
The Natural Mineral Water, Spring Water and Bottled Drinking
Water (Amendment) (Scotland) Regulations 2003 (SSI 2003/139)
The Fish Labelling (Scotland) Regulations 2003 (SSI 2003/145)
laid under the Food Safety Act 1990
The Housing (Scotland) Act 2001 (Payments out of Grants
for Housing Support Services) Order 2003 (SSI 2003/140)
laid under the Housing (Scotland) Act 2001
The Non-Domestic Rating (Rural Areas and Rateable Value
Limits) (Scotland) Amendment Order 2003 (SSI 2003/141)
The Non-Domestic Rating (Former Agricultural Premises)
(Scotland) Order 2003 (SSI 2003/142)
laid under the Local Government and Rating Act
1997
The Valuation (Stud Farms) (Scotland) Order 2003 (SSI 2003/143)
laid under the Local Government and Rating Act 1997
and the Valuation and Rating (Scotland) Act 1956
The Cinematograph (Safety) (Scotland) Amendment Regulations
2003 (SSI 2003/144)
laid under the Cinemas Act 1985
The following instruments were laid before the Parliament on
10 March 2003 and are subject to annulment
The Pollution Prevention and Control (Scotland) Amendment
Regulations 2003 (SSI 2003/146)
laid under the Pollution Prevention and Control
Act 1999
The Council Tax (Supply of Information) (Scotland) Regulations
2003 (SSI 2003/147)
laid under the Local Government Finance Act 1992
The Regulation of Care (Registration and Registers) (Scotland)
Amendment Regulations 2003 (SSI 2003/148)
The Regulation of Care (Requirements as to Care Services)
(Scotland) Amendment Regulations 2003 (SSI 2003/149)
The Regulation of Care (Requirements as to Limited Registration
Services) (Scotland) Regulations 2003 (SSI 2003/150)
The Regulation of Care (Applications and Provision of Advice)
(Scotland) Amendment Order 2003 (SSI 2003/151)
The Regulation of Care (Fees) (Scotland) Order 2003 (SSI
2003/152)
laid under the Regulation of Care (Scotland) Act
2001
The NHS Health Scotland (Transfer of Officers) Regulations
2003 (SSI 2003/153)
The Health Education Board for Scotland Amendment Order
2003 (SSI 2003/154)
laid under the National Health Service (Scotland)
Act 1978
The Adults with Incapacity (Management of Residents
Finances) (Scotland) Regulations 2003 (SSI 2003/155)
laid under the Adults with Incapacity (Scotland)
Act 2000
The National Assistance (Assessment of Resources) Amendment
(No.2) (Scotland) Regulations 2003 (SSI 2003/156)
laid under the National Assistance Act 1948
The National Health Service (Dental Charges) (Scotland)
Regulations 2003 (SSI 2003/158)
laid under the National Health Service (Scotland) Act
1978 and the National Health Service (Primary Care)
Act 1997
Act of Sederunt (Fees of Solicitors in the Sheriff Court)
(Amendment) 2003 (SSI 2003/162)
laid under the Sheriff Courts (Scotland) Act 1907
The Advice and Assistance (Scotland) Amendment Regulations
2003 (SSI 2003/163)
laid under the Legal Aid (Scotland) Act 1986
The Common Agricultural Policy (Wine) (Scotland) Amendment
Regulations 2003 (SSI 2003/164)
The Products of Animal Origin (Third Country Imports) (Scotland)
Amendment Regulations 2003 (SSI 2003/165)
laid under the European Communities Act 1972
The Prohibition of Fishing with Multiple Trawls (No.2)
(Scotland) Amendment Order 2003 (SSI 2003/166)
laid under the Sea Fish (Conservation) Act 1967
The following instruments were laid before the Parliament on
11 March 2003 and are subject to annulment
The Non-Domestic Rates (Levying) (Scotland) Regulations
2003 (SSI 2003/160)
laid under the Local Government etc. (Scotland)
Act 1994
The Anti-Pollution Works (Scotland) Regulations 2003 (SSI
2003/168)
laid under section 104(1)(b) of the Control of
Pollution Act 1974
The Action Programme for Nitrate Vulnerable Zones (Scotland)
Amendment regulations 2003 (SSI 2003/169)
The Waste Management Licensing Amendment (Scotland) Regulations
2003 (SSI 2003/171)
The Zoo Licensing Act 1981 Amendment (Scotland) Regulations
2003 (SSI 2003/174)
laid under the European Communities Act 1972
The Waste Incineration (Scotland) Regulations 2003 (SSI
2003/170)
laid under the Pollution Prevention and Control
Act 1999
The Police Grant (Scotland) Order 2003 (SSI 2003/172)
laid under the Police (Scotland) Act 1967
The Financial Assistance for Environmental Purposes (Scotland)
Order 2003 (SSI 2003/173)
laid under the Environmental Protection Act 1990
The Planning and Compensation Act 1991 (Amendment of Schedule
18) (Scotland) Order 2003 (SSI 2003/175)
laid under the Planning and Compensation Act 1991
The Council Tax (Discounts) (Scotland) Consolidation and
Amendment Order 2003 (SSI 2003/176)
laid under the Local Government Finance Act 1992
The Rural Stewardship Scheme (Scotland) Amendment Regulations
2003 (SSI 2003/177)
laid under the Environment Act 1995
The Civil Legal Aid (Scotland) (Fees) Amendment Regulations
2003 (SSI 2003/178)
laid under the Legal Aid (Scotland) Act 1986
Not Subject to any Parliamentary Procedure
The following instrument was laid before the Parliament on
10 March 2003 and is not subject to any Parliamentary procedure
The Sea Fish (Specified Sea Areas) (Regulation of Nets
and Older Fishing Gear) (Scotland) Amendment Order 2003
(SSI 2003/167)
laid under the Sea Fish (Conservation) Act 1967
Other Documents
The following documents were laid before the Parliament on
10 March 2003 and are not subject to any Parliamentary procedure
Scottish Public Services Ombudsman Report of an Investigation
into a Complaint Against Tayside University Hospitals NHS
Trust (S.47/01.02) (SPSO/2003/3)
laid under the Scottish Public Services Ombudsman
Act 2002
Scottish Childrens Reporter Administration Annual
Report 2001-02 (SE/2003/73)
laid under the Local Government (Scotland) Act
1994
The following document was laid before the Parliament on 12
March 2003 and is not subject to any Parliamentary procedure
Individual Learning Accounts in Scotland: A Report by the
Auditor General for Scotland (AGS/2003/3)
laid under the Public Finance and Accountability
(Scotland) Act 2000
Committee Reports
The following Report was published on 7 March 2003
Education, Culture and Sport Committee, 5th Report 2003:
Report on Subordinate Legislation (SP Paper 814)
The following document was published on 10 March 2003
Budget Setting and Financial Scrutiny: Experiences in Devolved/Regional
Governments: Research Commissioned by the Scottish Parliament
Research Service on behalf of the Finance Committee (SP
Paper 810)
The following Report was published on 12 March 2003
Equal Opportunities Committee, 1st Report 2003: Report
on Mainstreaming equality in the work of committees of the
Scottish Parliament (SP Paper 817)
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