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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 4 No 60 Session 1

Wednesday 19 March 2003

 
 

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

The meeting opened at 9.30 am.

1. Time for Reflection: The Reverend William McFadden, Vice-Rector of Scotus College, Glasgow, led Time for Reflection.

2. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S1M-4039—That the Parliament agrees—

(a) as a revision to the programme of business agreed on 13 March 2003—

Wednesday 19 March 2003

delete—

"followed by Ministerial Statement"

delete—

"5:00 pm Decision Time"

and insert—

"6:00 pm Decision Time"

(b) the following programme of business—

Wednesday 26 March 2003

9:30 am Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Debate on the Scottish Economy

followed by Members’ Business – debate on the subject of S1M-3999 Dennis Canavan: Promotion for First Division Champions

2:30 pm Parliamentary Bureau Motions

followed by Stage 3 of Council of the Law Society of Scotland Bill

followed by Stage 3 of Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill

followed by Final Stage of National Galleries of Scotland Bill

followed by Stage 3 of Commissioner for Children and Young People (Scotland) Bill

followed by Executive's Nominations to the European Economic and Social Committee

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business

Thursday 27 March 2003

9:30 am Executive Debate on Closing the Opportunity Gap for Older People

followed by Members’ Business

2:30 pm Question Time

3:10 pm First Minister's Question Time

3:30 pm Motion of Thanks to the Presiding Officer

4:00 pm Decision Time

and (c) that the Justice 2 Committee reports to the Justice 1 Committee by 21 March 2003 on the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2003 (SSI 2003/162), the Advice and Assistance (Scotland) Amendment Regulations 2003 (SSI 2003/163), the Police Grant (Scotland) Order 2003 (SSI 2003/172), the Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (SSI 2003/174), and the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2003 (SSI 2003/178).

After debate, the motion was agreed to (by division: For 70, Against 34, Abstentions 1).

3. Mental Health (Care and Treatment) (Scotland) Bill – Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-4043—That the Parliament agrees that, during Stage 3 of the Mental Health (Care and Treatment) (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 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

Groups 5 to 11 - no later than 2 hours

Groups 12 to 18 - no later than 3 hours

Groups 19 to 24 - no later than 4 hours

Groups 25 to 33 - no later than 5 hours

Groups 34 to 45 - no later than 6 hours

Groups 46 to 57 - no later than 7 hours

Groups 58 to 67 - no later than 8 hours

Groups 68 and 69 - no later than 9 hours

Groups 70 to 81 - no later than 10 hours

Motion to pass the Bill - 10 hours and 30 minutes

After debate, the motion was agreed to (by division: For 94, Against 5, Abstentions 0).

4. Mental Health (Care and Treatment) (Scotland) Bill - Stage 3: The Mental Health (Care and Treatment) Bill, The Bill was considered at Stage 3.

The following amendments were agreed to without division: 31, 32, 33, 1, 2, 3, 4, 5, 6, 273, 274, 8, 275, 276, 34, 106, 107, 109, 110, 111, 112, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 344, 345, 346 and 754.

The following amendments were disagreed to (by division)—

69 (For 38, Against 59, Abstentions 0)

74 (For 31, Against 61, Abstentions 1)

343 (For 32, Against 61, Abstentions 1)

114 (For 34, Against 58, Abstentions 0)

Other amendments were not moved.

5. Ministerial Statement: The First Minister made a statement on contingency planning for the current international situation.

6. Mental Health (Care and Treatment) (Scotland) Bill - Stage 3: The Parliament resumed consideration of the Bill at Stage 3.

The following amendments were agreed to without division: 115, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 35, 36, 441, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 442, 443, 444, 445, 446, 143, 144, 145, 447, 146, 448, 449, 450, 451, 452, 453, 147, 454, 148, 455, 456, 457, 149, 458, 459, 460, 461, 462, 150, 151, 152, 463, 464, 465, 466, 467, 468, 153, 469, 470, 154, 155, 156, 157, 158, 471, 159, 160, 161, 162, 472, 163, 473, 164, 76, 474, 475, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 476, 175, 176, 177, 178, 179, 180, 181, 182, 183, 477, 184, 185, 478, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, 500, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 647, 208, 209, 210, 211, 212, 213, 648, 214, 215, 649, 113, 650, 651, 652, 653 and 654.

The Parliament ended consideration of the Bill for the day amendment 654 having been disposed of.

7. Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-4034—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2003 (SSI 2003/162).

The motion was agreed to (DT).

8. Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-4035—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Advice and Assistance (Scotland) Amendment Regulations 2003 (SSI 2003/163).

The motion was agreed to (DT).

9. Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-4036—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Police Grant (Scotland) Order 2003 (SSI 2003/172).

The motion was agreed to (DT).

10. Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-4037—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2003 (SSI 2003/178).

The motion was agreed to (DT).

11. Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-4038—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (SSI 2003/174).

The motion was agreed to (DT).

12. Address to the Parliament: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-4042—That the Parliament agrees that Her Majesty The Queen should be invited to address a meeting during the next session of the Parliament in 2003.

The motion was agreed to (DT).

14. 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 19 March 2003 be taken at 4.52 pm.

The motion was agreed to.

13. Decision Time: The Parliament took decisions on items 7, 8, 9, 10, 11 and 12 as noted above.

14. Reform of Charity Law: The Parliament debated S1M-3961 in the name of Jackie Baillie—That the Parliament shares the Scottish Executive's commitment to progressing the reform of charity law; recognises that this will assist in developing the contribution of charities to their communities; notes the voluntary sector's call for a charities bill, and welcomes the Executive's commitment to keep the need for such legislation under review.

The meeting closed at 5.46 pm.

P E Grice

Clerk of the Parliament

19 March 2003

Appendix

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

Subordinate Legislation

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 19 March 2003 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.16) (Scotland) Order 2002 Revocation Order 2003 (SSI 2003/195)

laid under the Food and Environment Protection Act 1985

Other Documents

The following documents were laid before the Parliament on 17 March 2003 and are not subject to any Parliamentary procedure—

Banff and Buchan College of Further Education: Report of the Board of Management and Annual Accounts for the year ended 31 July 2002 (SE/2003/25)—

Barony College: Report of the Board of Management and Financial Statements for the year ended 31 July 2002 (SE/2003/26)—

Clackmannan College: Report of the Board of Management and Financial Statements for the year ended 31 July 2002 (SE/2003/30)—

Dundee College: Report of the Board of Management and Financial Statements for the year ended 31 July 2002 (SE/2003/35)—

Falkirk College of Further Education: Report of the Board of Management and Financial Statements for the year ended 31 July 2002 (SE/2003/38)—

Fife College of Further Education: Report of the Board of Management and Annual Accounts for the year ended 31 July 2002 (SE/2003/39)—

Jewel and Esk Valley College: Report of the Board of Management and Financial Report for the year ended 31 July 2002 (SE/2003/46)—

Motherwell College: Report of the Board of Management and Financial Statements for the year ended 31 July 2002 (SE/2003/53)—

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

Summarised Account of the United Kingdom Transplant Support Service Authority for the year ended 31 March 2002 (SE/2003/72)

laid under the National Health Service Act 1977 and the Scotland Act 1998

The following documents were laid before the Parliament on 18 March 2003 and are not subject to any Parliamentary procedure—

Glasgow College of Food Technology: Report of the Board of Management and Financial Statements for the year ended 31 July 2002 (SE/2003/41)—

Glenrothes College: Report of the Board of Management and Annual Accounts for the year ended 31 July 2002 (SE/2003/43)—

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

Scottish Public Services Ombudsman Report of an Investigation into a Complaint Against Argyll and Clyde Acute Hospitals NHS Trust (S170/01-02) (SPSO/2003/4)

laid under the Scottish Public Services Ombudsman Act 2002

Committee Reports

The following Reports were published on 14 March 2003—

Robin Rigg Offshore Wind Farm (Navigation and Fishing) Bill Committee, 1st Report 2003: Report on the Objections to the Robin Rigg Offshore Wind Farm (Navigation and Fishing) Bill (SP Paper 816)

Standards Committee, 1st Report 2003: Report on Replacing the Members’ Interest Order: Draft Committee Bill (SP Paper 821)

Education, Culture and Sport Committee, 7th Report 2003: Subordinate Legislation (SP Paper 822)

The following Reports were published on 19 March 2003—

Subordinate Legislation Committee, 23rd Report 2003: Delegated Powers Scrutiny: Mental Health (Care and Treatment) (Scotland) Bill as amended at Stage 2 (SP Paper 823)

Health and Community Care Committee, 4th Report 2003: Report on Subordinate Legislation (SP Paper 824)


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