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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 1, No 18 Session 2

Thursday 11 September 2003

 
 

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

The meeting opened at 9.30 am.

1. Treatment of Asylum Seekers in Scotland: John Swinney moved S2M-329-That the Parliament calls for an end to the detention of children at the Dungavel House Immigration Removal Centre.

Miss Annabel Goldie moved amendment S2M-329.1 to motion S2M-329-

Leave out from "calls for" to end and insert-

"deplores the operation by Her Majesty's Government of an inadequate and ineffectual policy on asylum and profoundly regrets the policy implications of such deficiencies for asylum seekers in Scotland."

After debate, amendment S2M-329.1 was disagreed to ((DT) by division: For 17, Against 108, Abstentions 0).

Robert Brown moved amendment S2M-329.2 to motion S2M-329-

Leave out from "calls for" to end and insert-

"reiterates its strong support for the United Nations Convention on the Rights of the Child; believes that decisions affecting children whose parents are to be detained should be made in the best interests of the child; notes that the issue of asylum and immigration policy is reserved to Westminster but welcomes the significant progress made by Scottish Ministers to improve services and support for asylum seekers and refugees in the community; notes that Dungavel is one of eight UK removal centres operated by the Home Office throughout the United Kingdom; notes the reports by HM Inspectorate of Prisons and HM Inspectorate of Education on the educational provision made for the children detained at Dungavel; calls on Her Majesty's Government to take immediate action to implement the recommendations in the two reports and to end a system of detention of children at Dungavel which denies them access to social contact and to educational and other services in the local community, and calls on the Scottish Executive to convey the Parliament's concerns to Her Majesty's Government."

Elaine Smith moved amendment S2M-329.3 to motion S2M-329-

Leave out from "calls for" to end and insert-

"recognises that there are widespread concerns regarding the care and education of children detained in Dungavel House Immigration Removal Centre and calls on the Scottish Executive to engage in communications with Her Majesty's Government to seek to end the detention of children and their families at the centre and to develop a more humane alternative to this practice."

After debate, amendment S2M-329.2 was agreed to ((DT) by division: For 65, Against 41, Abstentions 19). As a result amendment S2M-329.3 was pre-empted.

The motion as amended was then agreed to ((DT) by division: For 71, Against 33, Abstentions 21).

Accordingly, the Scottish Parliament resolved-That the Parliament reiterates its strong support for the United Nations Convention on the Rights of the Child; believes that decisions affecting children whose parents are to be detained should be made in the best interests of the child; notes that the issue of asylum and immigration policy is reserved to Westminster but welcomes the significant progress made by Scottish Ministers to improve services and support for asylum seekers and refugees in the community; notes that Dungavel is one of eight UK removal centres operated by the Home Office throughout the United Kingdom; notes the reports by HM Inspectorate of Prisons and HM Inspectorate of Education on the educational provision made for the children detained at Dungavel; calls on Her Majesty's Government to take immediate action to implement the recommendations in the two reports and to end a system of detention of children at Dungavel which denies them access to social contact and to educational and other services in the local community, and calls on the Scottish Executive to convey the Parliament's concerns to Her Majesty's Government.

2. First Minister's Question Time: Questions were answered by the First Minister (Mr Jack McConnell).

3. Question Time: Questions were answered by Scottish Ministers and junior Scottish Ministers.

4. Ministerial Statement: The Minister for Finance and Public Services (Mr Andy Kerr) made a statement on Delivering for Scotland - Funding the Partnership Agreement and answered questions on the statement. The Parliament then debated the statement.

5. Legal Deposit Libraries Bill - UK Legislation: The Minister for Tourism, Culture and Sport (Mr Frank McAveety) moved S2M-240-That the Parliament supports the principles of the Legal Deposit Libraries Bill and agrees that the provisions in the Bill that relate to devolved matters should be considered by the UK Parliament.

The motion was agreed to (DT).

6. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-317-That the Parliament agrees the following programme of business-

Wednesday 17 September 2003

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Debate on Review of Licensing Laws

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 18 September 2003

9.30 am Executive Debate on Rising to the Challenge of Improving Scotland's Health

12 noon First Minister's Question Time

2.30 pm Question Time

3.10 pm Continuation of Executive Debate on Rising to the Challenge of Improving Scotland's Health

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Wednesday 24 September 2003

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Debate on Better Behaviour - Better Learning

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 25 September 2003

9.30 am Scottish Conservative and Unionist Party Business

12 noon First Minister's Question Time

2.30 pm Question Time

3.10 pm Executive Business

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

The motion was agreed to.

7. Decision Time: The Parliament took decisions on items 1 and 5 as noted above.

8. Member's Business: The Parliament debated S2M-145 in the name of Elaine Smith-That the Parliament notes with concern the findings of the recent study carried out by Dr Andrew Walker of the University of Glasgow, The Cost of Doing Nothing - the economics of obesity in Scotland; recognises that an estimated 21% of adults are now obese and that the annual cost to the NHS of obesity and obesity-related illnesses has been estimated at £171 million; acknowledges the efforts of the Scottish Executive and health care providers in attempting to address this problem, in particular those of Coatbridge Local Healthcare Co-operative whose "Weigh-In Without Women" programme recently received the National Obesity Forum award for excellence in weight management, and considers that such examples of best practice could be rolled out across the country as part of a comprehensive multidisciplinary approach to tackling this problem.

9. Motion without Notice: David Davidson moved without notice a motion that the Parliament agrees that Members' Business on 11 September 2003 be extended until 6.10 pm.

The motion was agreed to.

The meeting closed at 6.10 pm.

P E Grice

Clerk of the Parliament

11 September 2003

Appendix

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

Subordinate Legislation

Affirmative Instruments

The following instrument was laid before the Parliament on 11 September 2003 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No.3) (Scotland) Order 2003 (SSI 2003/429)

laid under section 1(8) of the Food and Environment Protection Act 1985

The following instrument was laid in draft before the Parliament on 11 September 2003 for approval by resolution

The draft Local Government in Scotland Act 2003 (Ancillary Provisions) Order 2003

laid under section 58(4) of the Local Government in Scotland Act 2003

Negative Instruments

The following instruments were laid before the Parliament on 11 September 2003 and are subject to annulment-

The National Assistance (Assessment of Resources) Amendment (No.3) (Scotland) Regulations 2003 (SSI 2003/425)

laid under section 63(3) of the National Assistance Act 1948

The Air Quality Limit Values (Scotland) Regulations 2003 (SSI 2003/428)

laid under paragraph 2(2) of schedule 2 to the European Communities Act 1972

Other Documents

The following documents were laid before the Parliament on 11 September 2003 and are not subject to any Parliamentary procedure

Historic Scotland Annual Report and Accounts 2002-03 and Corporate Plan 2003-06 (SE/2003/216)

laid under section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

Prison Statistics Scotland 2002 (SE/2003/250)

laid under section 5(1) of the Prisons (Scotland) Act 1989

Scottish Executive Draft Budget 2004-05 - Detail (SE/2003/251)

Scottish Executive Draft Budget 2004-05 - Summary (SE/2003/252)

Audit Scotland Annual Report on Accounts for the year ending 31 March 2003 (SP Paper 16)

laid under section 25(6) of the Public Finance and Accountability (Scotland) Act 2000

Committee Reports

The following reports were published on 11 September 2003-

Health Committee, 2nd Report 2003 (Session 2): Report on Subordinate Legislation (SP Paper 13)

Communities Committee, 1st Report 2003 (Session 2): Report on

Subordinate Legislation (SP Paper 14)

Environment and Rural Development Committee, 1st Report 2003 (Session 2); Report on Subordinate Legislation (SP Paper 15)


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