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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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