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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 1, No 13 Session 2

Wednesday 25 June 2003

 
 

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Rev. Prof. Frank Whaling,
Co-Convener of Edinburgh Interfaith Association, Chair of Edinburgh International Centre for World Spiritualities and Emeritus Professor of the Study of Religion, Edinburgh University led Time for Reflection.

2. Modernising Justice: The Minister for Justice (Cathy Jamieson) moved S2M-191—That the Parliament notes the commitment made in A Partnership for a Better Scotland to working for a safer Scotland, supporting safe communities and improving public services and supports the Scottish Executive in working to modernise the courts and criminal justice system for those who have to use them, including victims and witnesses, and in delivering modern laws to deal with the complexities of modern Scottish life.

Nicola Sturgeon moved amendment S2M-191.1 to motion S2M-191—

Insert at end—

", and further recognises that the efficient administration of criminal justice depends on all parts of the system, not least on the Crown Office and Procurator Fiscal Service having adequate resources to meet the increasing demands placed on it."

After debate, the amendment was disagreed to ((DT) by division: For 45, Against 62, Abstentions 0).

Miss Annabel Goldie moved amendment S2M-191.2 to motion S2M-191—

Leave out from "supporting" to end and insert—

"and, while welcoming proposals to make more efficient the processing and disposal of criminal cases, expresses concern at the proposed extension to the 110 day rule, the resources implication for sheriff courts of handling an increased workload and the continuing inadequacy of resources available to the police and the Crown Office and Procurator Fiscal Service."

After debate, the amendment was disagreed to ((DT) by division: For 47, Against 67, Abstentions 1).

The motion was then agreed to ((DT) by division: For 95, Against 3, Abstentions 15).

3. Business Motion: Tavish Scott, on behalf of the Parliamentary Bureau, moved S2M-200—That the Parliament agrees—

(a) as a revision to the programme of business agreed on 19 June—

Wednesday 25 June 2003

after,

followed by Parliamentary Bureau Motions

insert,

followed by SPCB Motion on Membership of the Scottish Commission for Public Audit

Thursday 26 June 2003

9:30 am Landfill (Scotland) Amendment Regulations 2003

followed by Motion on Fireworks Bill - UK Legislation

2:30 pm Question Time

3:10 pm First Minister's Question Time

followed by Parliamentary Bureau Motions

followed by Final Stage of Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business - debate on the subject of S2M-110 Irene Oldfather: Valuing Carers

and (b) the following programme of business—

Wednesday 3 September 2003

2:30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Business

followed by Debate on Procedures Committee’s Report on First Minister’s Question Time

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business

Thursday 4 September 2003

9:30 am Parliamentary Bureau Motions

followed by Executive Business

2:30 pm Question Time

3:10 pm First Minister's Question Time

followed by Executive Business

followed by Parliamentary Bureau Motions

followed by Business Motion

5:00 pm Decision Time

followed by Members' Business

After debate, the motion was then agreed to (by division: For 65, Against 50, Abstentions 0).

4. Scottish Commission for Public Audit: Robert Brown, on behalf of the Scottish Parliamentary Corporate Body, moved S2M-198—That the Parliament agrees to the Scottish Parliamentary Corporate Body’s proposal to appoint Margaret Jamieson, Cathy Peattie, Mr Keith Raffan and Mr Andrew Welsh to be members of the Scottish Commission for Public Audit.

The motion was agreed to (DT).

5. Decision Time: The Parliament took decisions on items 2 and 4 as noted above.

6. Red Brae School: The Parliament debated S2M-140 in the name of Phil Gallie—That the Parliament commends the experienced staff at Red Brae School, Maybole, who provide an alternative education path for pupils excluded from mainstream education for disruptive and undisciplined behaviour; acknowledges the benefits of this education which the pupils themselves appreciate, and believes that the Scottish Executive must ensure that such facilities are available across the country thereby ensuring that those children whose behaviour patterns are not suited to mainstream education are catered for in a way that steers them into becoming useful and respected members of society.

The meeting closed at 5.39 pm.

P E Grice

Clerk of the Parliament

25 June 2003

Appendix

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

 

New Bills introduced on 23 June 2003

Primary Medical Services (Scotland) Bill—A Bill for an Act of the Scottish Parliament to make provision in relation to the provision of primary medical services; and for connected purposes. (SP Bill 4) (Executive Bill)

Introduced by: Malcolm Chisholm

Supported by: Mr Tom McCabe

Explanatory Notes (and other accompanying documents) (SP Bill 4-EN) and a Policy Memorandum (SP Bill 4-PM) were printed to accompany the Bill.

Vulnerable Witnesses (Scotland) Bill—A Bill for an Act of the Scottish Parliament to make provision for the use of special measures for the purpose of taking the evidence of children and other vulnerable witnesses in criminal or civil proceedings; to provide for evidential presumptions in criminal proceedings where certain reports of identification procedures are lodged as productions; to make provision about the admissibility of expert psychological or psychiatric evidence as to subsequent behaviour of the complainer in criminal proceedings in respect of certain offences; to enable the prohibition of the personal conduct of the defence in criminal proceedings in which a vulnerable witness is to give evidence; to make provision about the admissibility of certain evidence bearing on the character, conduct or condition of witnesses in proceedings before a sheriff relating to the establishment of grounds of referral to children’s hearings; to abolish the competence test for witnesses in criminal and civil proceedings; and for connected purposes. (SP Bill 5) (Executive Bill)

Introduced by: Cathy Jamieson

Supported by: Peter Peacock, Hugh Henry

Explanatory Notes (and other accompanying documents) (SP Bill 5-EN) and a Policy Memorandum (SP Bill 5-PM) were printed to accompany the Bill.

Subordinate Legislation

Affirmative Instruments

The following instrument was laid in draft before the Parliament on 20 June 2003 for approval by resolution

The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Amendment Order 2003

laid under the Civic Government (Scotland) Act 1982

Note: The draft Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Amendment Order 2003, which was laid before the Parliament on 13 June 2003, has been withdrawn.

The following instrument was laid in draft before the Parliament on 23 June 2003 for approval by resolution

The draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No.2) Order 2003

laid under the Scotland Act 1998

Note: The draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No.2) Order 2003, which was laid before the Parliament on 19 June 2003, has been withdrawn.

The following instrument was laid in draft before the Parliament on 24 June 2003 for approval by resolution

The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Modification) Order 2003

laid under the Mental Health (Care and Treatment) (Scotland) Act 2003

The following instrument was laid before the Parliament on 25 June 2003 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No.2) (Scotland) Order 2003 (SSI 2003/321)

laid under the Food and Environment Protection Act 1985

Other Documents

The following documents were laid before the Parliament on 24 June 2003 and are not subject to any Parliamentary procedure—

Scottish Criminal Cases Review Commission Fourth Annual Report and Accounts for the period 1 April 2002 to 31 March 2003 (SE/2003/100)

laid the Criminal Procedure (Scotland) Act 1995 and the Public Finance and Accountability (Scotland) Act 2000

The Proceeds of Crime Act 2002: Report of the Appointed Person for Scotland 2002-03 (SE/2003/167)

laid under the Proceeds of Crime Act 2002

The following document was laid in draft before the Parliament on 25 June 2003 for approval by resolution

Code of Recommendations for the Welfare of Livestock: Cattle (SE/2003/175)

laid under the Agriculture (Miscellaneous Provisions) Act 1968

The following documents were laid before the Parliament on 25 June 2003 and are not subject to any Parliamentary procedure—

Scottish Law Commission Report on Irritancy in Leases of Land (SE/2003/98)

laid under the Law Commission Act 1965

Supporting prescribing in general practice – a progress report: A Main Report and Summary Report by the Auditor General for Scotland (AGS/2003/5)

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

SPCB Papers

The following document was published on 25 June 2003

Scottish Parliament Annual Report 2002-03 (SP Paper 847)

Committee Reports

The following report was published on 20 June 2003

Local Government and Transport Committee, 1st Report 2003 (Session 2): Report on Subordinate legislation (SP Paper 3)


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