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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 1 No 21

Wednesday 24th September 2003

 
 

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

The meeting opened at 2.30 pm.

1. Time for Reflection: The Reverend Duncan Macleod, of the Free Church Perth, led Time for Reflection.

2. Ministerial Statement: The Minister for Communities (Ms Margaret Curran) made a statement on charity law, and answered questions on the statement.

3. Better Behaviour – Better Learning: The Minister for Education and Young People (Peter Peacock) moved S2M-379—That the Parliament supports the need to continue a long-term comprehensive programme of action to promote better behaviour for better learning in our schools.

Fiona Hyslop moved amendment S2M-379.2 to motion S2M-379—

Insert at end—

"and notes the importance that teacher recruitment will have for this process".

After debate, the amendment was agreed to (DT).

Lord James Douglas-Hamilton moved amendment S2M-379.1 to motion S2M-379—

Leave out from "supports" to end and insert—

"believes that headteachers and schools should have greater freedom to deal with bullying and disruptive pupils to maintain good order in schools."

After debate, the amendment was disagreed to ((DT) by division: For 18, Against 75, Abstentions 8).

The motion, as amended, was then agreed to (DT).

Accordingly, the Parliament resolved—That the Parliament supports the need to continue a long-term comprehensive programme of action to promote better behaviour for better learning in our schools and notes the importance that teacher recruitment will have for this process.

4. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-404—That the Parliament agrees—

(a) as a revision to the programme of business agreed on 17 September 2003—

after—

Thursday 25 September 2003

delete all and insert—

9.30 am Scottish Conservative and Unionist Party Business Debate on Europe - with Specific Reference to the Single Currency and the Constitution

followed by Scottish Conservative and Unionist Party Business Debate on Public Confidence in the Criminal Justice System

12.00 noon First Minister's Question Time

2.30 pm Question Time

followed by Executive Debate on the Scottish National Theatre

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business - debate on the subject of S2M-210 Mr Kenneth Macintosh: Respect for Shopworkers Day, 17 September 2003

(b) the following programme of business—

Wednesday 1 October 2003

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Equal Opportunities Committee 1st Report 2003 – Mainstreaming Equality in the Work of the Committees of the Scottish Parliament

followed by Motion on the Executive’s Nominations to the Committee of the Regions

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 2 October 2003

9.30 am Executive Debate on Anti-Social Behaviour

12 noon First Minister's Question Time

2.30 pm Question Time

3.10 pm Continuation of Executive Debate on Anti-Social Behaviour

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Wednesday 8 October 2003

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Business

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 9 October 2003

9.30 am Executive Debate on Creating an Enterprise Culture in Scotland’s Schools

12.00 noon First Minister's Question Time

2.30 pm Question Time

3.10 pm Executive Debate on Scotland’s Contribution to Education in the Commonwealth – Past, Present and Future

followed by Motion on the Criminal Justice Bill – UK Legislation

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

and (c) that the Justice 1 Committee reports to the Justice 2 Committee by 22 October 2003 on the draft Title Conditions (Scotland) Act 2003 (Consequential Provisions) Order 2003 and on the Advice and Assistance (Scotland) Amendment (No.2) Regulations 2003 (SSI 2003/421); and that the Justice 2 Committee reports to the Justice 1 Committee by 13 October 2003 on the Gaming Act (Variation of Fees) (Scotland) Order 2003 (SSI 2003/403) and by 22 October 2003 on the Children’s Hearings (Provision of Information by Principal Reporter) (Prescribed Persons) (Scotland) Order 2003 (SSI 2003/424).

The motion was agreed to.

5. Parliamentary Bureau Motions: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved—

S2M-383—That the Parliament agrees that the Local Government and Transport Committee be designated lead committee for the Prostitution Tolerance Zones (Scotland) Bill and that either the Justice 1 or Justice 2 Committee (to be decided between the committees) be designated secondary committee.

S2M-384—That the Parliament agrees that the seventh member of the Subordinate Legislation Committee be a member of the Scottish National Party and that Alasdair Morgan be appointed to that committee.

S2M-385—That the Parliament agrees that the draft Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Modification) Order 2003 be approved.

S2M-386—That the Parliament agrees that the draft Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2003 be approved.

S2M-387—That the Parliament agrees that the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No.2) Order 2003 be approved.

S2M-388—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.3) (Scotland) Order 2003 (SSI 2003/365) be approved.

S2M-389—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (Scotland) Order 2003 (SSI 2003/366) be approved.

S2M-390—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (No.2) (Scotland) Order 2003 (SSI 2003/369) be approved.

S2M-391—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.5) (Scotland) Order 2003 (SSI 2003/381) be approved.

S2M-392—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (No.3) (Scotland) Order 2003 (SSI 2003/380) be approved.

S2M-393—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No.2) (Scotland) Order 2003 (SSI 2003/321) be approved.

S2M-394—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.4) (Scotland) Order 2003 (SSI 2003/374) be approved.

S2M-395—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (No.5) (Scotland) Order 2003 (SSI 2003/394) be approved.

S2M-396—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.6) (Scotland) Order 2003 (SSI 2003/392) be approved.

S2M-397—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.7) (Scotland) Order 2003 (SSI 2003/397) be approved.

S2M-398—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.8) (Scotland) Order 2003 (SSI 2003/402) be approved.

S2M-399—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (No.4) (Scotland) Order 2003 (SSI /2003/393) be approved.

S2M-400—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Gaming Act (Variation of Fees) (Scotland) Order 2003 (SSI 2003/403).

S2M-401—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Children's Hearings (Provision of Information by Principal Reporter) (Prescribed Persons) (Scotland) Order 2003 (SSI 2003/424).

S2M-402—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Title Conditions (Scotland) Act 2003 (Consequential Provisions) Order 2003.

S2M-403—That the Parliament agrees that the Justice 2 Committee be designated as lead committee on the Advice and Assistance (Scotland) Amendment (No.2) Regulations 2003 (SSI 2003/421).

Motion S2M-383 was agreed to (DT).

Motion S2M-384 was agreed to (DT).

Motion S2M-385 was agreed to (DT).

Motion S2M-386 was agreed to (DT).

After debate, motion S2M-387 was agreed to ((DT) by division: For 90, Against 5, Abstentions 6).

After debate, motions S2M-388 to S2M-399 were agreed to ((DT) by division: For 71, Against 4, Abstentions 12).

Motions S2M-400 to S2M-403 were agreed to (DT).

6. Decision Time: The Parliament took decisions on items 3 and 5, as noted above.

7. Nursery Nurses: The Parliament debated S2M-334 in the name of Ms Carolyn Leckie—That the Parliament sends solidarity greetings and best wishes to all Scotland's nursery nurses and UNISON in advance of their gala day on Saturday 13 September 2003; supports their grading claim in full, and considers that COSLA should make an offer that meets the modest and legitimate demands of the nursery nurses.

The meeting closed at 6.08 pm.

P E Grice

Clerk of the Parliament

24 September 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 19 September 2003 and are subject to annulment—

The National Health Service (General Medical Services) (Scotland) Amendment (No.3) Regulations 2003 (SSI 2003/443)

laid under section 105(2) of the National Health Service (Scotland) Act 1978

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No.2) Regulations 2003 (SSI 2003/445)

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

The following instrument was laid before the Parliament on 23 September 2003 and is subject to annulment

The Compulsory Purchase of Land (Scotland) Regulations 2003 (SSI 2003/446)

laid under section 275 of the Town and Country Planning (Scotland) Act 1997

The following instruments were laid before the Parliament on 24 September 2003 and are subject to annulment—

The Lands Tribunal for Scotland (Relevant Certificate) (Fees) Rules 2003 (SSI 2003/451)—

The Lands Tribunal for Scotland Rules 2003 (SSI 2003/452)—

The Title Conditions (Scotland) Act 2003 (Conservation Bodies) Order 2003 (SSI 2003/453)—

laid under section 127(1) of the Title Conditions (Scotland) Act 2003

Other Documents

The following documents were laid before the Parliament on 19 September 2003 and are not subject to any Parliamentary procedure—

National Endowment for Science, Technology and the Arts Account 2002-03 (SE 2003/256)

laid under section 35(3) of the National Lottery etc. Act 1993 (as amended by the National Lottery Act 1998)

Fisheries Research Services Report and Accounts 2002-03 (SE 2003/174)

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

Report by the Scottish Public Services Ombudsman of an investigation into a complaint against North Glasgow University Hospitals NHS Trust (SPSO 2003/12)

laid under section 15(1) of the Scottish Public Services Ombudsman Act 2002

The following documents were laid before the Parliament on 22 September 2003 and are not subject to any Parliamentary procedure—

The Scottish Teachers’ Superannuation Scheme Actuarial Review as at 31 March 2001 – Interim Report by the Government Actuary September 2003 (SE/2003/257)

laid under Regulation 5 of the Teachers’ Superannuation (Scotland) Regulations 1992

Government Chemist Review 2002 (SE/2003/260)

laid under section 88(3) of the Scotland Act 1998

The following document was laid before the Parliament on 23 September 2003 and is not subject to any Parliamentary procedure

Her Majesty’s Chief Inspector of Constabulary for Scotland: Annual Report 2002-03 (SE/2003/235)

The following document was laid before the Parliament on 24 September 2003 and is not subject to any Parliamentary procedure

Crofters Commission Annual Report 2002-03 (SE/2003/163)

laid under section 2(4) of the Crofters (Scotland) Act 1993

Committee Reports

The following report was published on 19 September 2003

Subordinate Legislation Committee, 5th Report 2003 (Session 2): Report on Subordinate Legislation (SP Paper 19)

The following report was published on 22 September 2003

Justice 1 Committee, 1st Report 2003 (Session 2): Report on Subordinate Legislation (SP Paper 20)

 


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