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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 4, No 58

Wednesday 12 March 2003

 
 

 

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-4014—That 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-3867—That 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 Bill’s 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 Simpson—That 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 Children’s 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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