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Note: (DT) signifies a decision taken at Decision
Time.
The meeting opened at 9.30 am.
1. European Constitution: Phil
Gallie moved S2M-381—That the Parliament believes that any
proposed major constitutional change affecting the governance
of our country should be subject to a national referendum; believes
that the proposed constitutional treaty for the European Union
represents such a major change and accordingly should be the
subject of such a referendum, and calls on the Scottish Executive
to convey the Parliament’s concerns on this issue to Her Majesty’s
Government.
The Deputy Minister for Finance and Public
Services (Tavish Scott) moved amendment S2M-381.3 to motion
S2M-381—
Leave out from first "believes" to end and insert—
"recognises the many benefits that the European Union
has delivered for Europe and Scotland; welcomes the draft
constitutional treaty presented to the European Council by
the Convention on the Future of Europe as an important step
towards making the EU more effective, efficient, easier to
understand, democratic, transparent and accountable; welcomes
the reference in the draft treaty to subsidiarity and to the
role of devolved parliaments in nations and regions, and welcomes
the role that the Scottish Executive, in conjunction with
Her Majesty's Government, has had in securing these references."
Mrs Margaret Ewing moved amendment S2M-381.1 to motion S2M-381—
Leave out from "affecting" to end and insert—
"of the constitution of the EU which seeks to reserve
power over fishing to the sole competence of the EU is incompatible
with Scotland’s interests."
After debate, amendment S2M-381.3 was
agreed to ((DT) by division: For 59, Against 27, Abstentions
8). As a result amendment S2M-381.3 was pre-empted.
The motion, as amended, was then agreed to ((DT) by division:
For 60, Against 26, Abstentions 9).
Accordingly, the Parliament resolved—That the Parliament recognises
the many benefits that the European Union has delivered for
Europe and Scotland; welcomes the draft constitutional treaty
presented to the European Council by the Convention on the Future
of Europe as an important step towards making the EU more effective,
efficient, easier to understand, democratic, transparent and
accountable; welcomes the reference in the draft treaty to subsidiarity
and to the role of devolved parliaments in nations and regions,
and welcomes the role that the Scottish Executive, in conjunction
with Her Majesty's Government, has had in securing these references.
2. Public Confidence in the Criminal Justice System:
Miss Annabel Goldie moved S2M-380—That the Parliament
welcomes the recognition by the First Minister of the need to
"regain trust and confidence" in our criminal justice
system; believes that a step towards restoring such confidence
would be to introduce honesty in sentencing by re-enacting sections
33 to 41 of the Crime and Punishment (Scotland) Act 1997, which
were repealed by section 108 of the Crime and Disorder Act 1998;
notes that public confidence has been further undermined by
the lack of visible policing in too many communities, and calls
on the Scottish Executive to consider how accountability to
the public in the delivery of police services might be enhanced.
The Deputy Minister for Justice (Hugh Henry) moved amendment
S2M-380.3 to motion S2M-380—
Leave out from "believes" to end and insert—
"welcomes the Scottish Executive’s decision to establish
a judicially-led Sentencing Commission and the commitment
to introduce legislation to modernise the operation of the
High Court; recognises that the Scottish Executive will
act on the McInnes Review and will bring forward further
proposals for court reform; notes the measures being introduced
that will give more support to victims and witnesses in
the criminal justice system, and believes that the record
number of police officers in Scotland, the substantial increase
in civilian staff and the moves to release police officers
for front-line duties will enhance delivery of police services
in local communities."
After debate, the amendment was agreed to ((DT) by division:
For 61, Against 23, Abstentions 12).
Michael Matheson moved amendment S2M-380.1 to motion S2M-380—
Leave out from "welcomes" to end and insert—
"notes the First Minister’s recent recognition of
the problems within the justice system; notes that public
confidence in our justice system is undermined by insufficient
resourcing of our police and prosecution service, and calls
upon the Scottish Executive to ensure that future funding
of the justice system reflects the demands being placed
upon it."
After debate, the amendment was disagreed to ((DT) by division:
For 32, Against 64, Abstentions 0).
The motion, as amended, was then agreed to ((DT) by division:
For 62, Against 13, Abstentions 21).
Accordingly, the Parliament resolved—That the Parliament welcomes
the recognition by the First Minister of the need to "regain
trust and confidence" in our criminal justice system; welcomes
the Scottish Executive’s decision to establish a judicially-led
Sentencing Commission and the commitment to introduce legislation
to modernise the operation of the High Court; recognises that
the Scottish Executive will act on the McInnes Review and will
bring forward further proposals for court reform; notes the
measures being introduced that will give more support to victims
and witnesses in the criminal justice system, and believes that
the record number of police officers in Scotland, the substantial
increase in civilian staff and the moves to release police officers
for front-line duties will enhance delivery of police services
in local communities.
3. First Minister’s Question Time: Questions
were answered by the First Minister (Mr Jack McConnell).
4. Question Time:
Questions were answered by Ministers and junior Scottish Ministers.
5. Scottish National Theatre: The Minister
for Tourism, Culture and Sport (Mr Frank McAveety) moved S2M-406—That
the Parliament welcomes the announcement of Scottish Executive
funding to realise the National Theatre of Scotland; commends
the Executive on its vision in supporting the radical concept
of a commissioning theatre of national and international status
to present theatrical and writing excellence to all the people
of Scotland and take Scotland's creative talent to the world
stage, and endorses the Executive's commitment to the infrastructure
of Scottish regional theatre from which new work will come.
Mr Jamie McGrigor moved amendment S2M-406.2 to motion S2M-406—
Leave out from "commends" to end and insert—
"and recognises that this is the culmination of a
sixty-year campaign for a National Theatre Company; regrets
the Executive’s past failure to deliver on its promises
despite repeated underspends in its budget, and hopes that
this commissioning body will produce theatre of such excellence
and quality that theatre-going audiences will be captivated
and enlarged in Scotland and that it will bring greater
understanding of theatre to all corners of Scotland, provide
inspiration and opportunity for actors, writers, designers
and production staff to showcase their talents and provide
greater cultural entertainment and enjoyment for present
and future generations of local inhabitants and visitors."
After debate, the amendment was disagreed to ((DT) by division:
For 21, Against 74, Abstentions 1).
Colin Fox moved amendment S2M-406.1 to motion S2M-406—
Leave out from "commends" to end and insert—
"believes that the success of this radical concept
of a commissioning theatre presenting theatrical and writing
excellence to all the people of Scotland and the world will
in part be measured by greater involvement in the theatre
and access to productions by the people of Scotland both
regionally and locally."
After debate, the amendment was disagreed to ((DT) by division:
For 36, Against 60, Abstentions 0).
The motion was then agreed to (DT).
6. Membership of Committees: Patricia Ferguson,
on behalf of the Parliamentary Bureau, moved S2M-410—That the
Parliament agrees that the following members be appointed to
committees—
Scott Barrie to replace Maureen Macmillan on the Communities
Committee, and Maureen Macmillan to replace Scott Barrie
on the Justice 2 Committee.
The motion was agreed to (DT).
7. Decision Time:
The Parliament took decisions on items 1, 2, 5 and 6 as noted
above.
8. Member’s Business:
The Parliament debated S2M-210 in the name of Mr Kenneth Macintosh—That
the Parliament notes with concern the level of violence
and abuse that shopworkers deal with on a daily basis; further
notes the recent survey by the Union of Shop, Distributive and
Allied Workers (USDAW) that found that 47% of those responding
to the survey reported physical attacks or assaults on staff
in the last 12 months, that 72% reported staff being threatened
with violence, that in one in four stores threats are being
made every week, that in one-third of stores verbal abuse is
a daily event, that almost 50% of staff have taken time off
work as a result of violence and that stress-related problems
are common and include sickness, insomnia, headaches and clinical
depression; commends the USDAW campaign, "Freedom from
Fear" and recognises its main objectives as raising awareness
of the level of violence and abuse, making the workplace safer
and protecting both shoppers and staff, and supports "Respect
for Shopworkers Day" on 17 September 2003 aimed at preventing
abusive behaviour, highlighting the support that retail companies
can, and do, give their staff and encouraging the public to
show respect for shopworkers.
The meeting closed at
5.46 pm.
P E Grice
Clerk of the Parliament
25 September 2003
Appendix
(Note: this Appendix does not form part
of the Minutes)
Other Documents
The following documents were laid before the Parliament on
25 September 2003 and are not subject to any Parliamentary procedure—
Argyll and Clyde Health Board Annual Accounts 2002-03 (SE/2003/129)—
Forth Valley Health Board Annual Accounts 2002-03 (SE/2003/134)—
Grampian Health Board Annual Accounts 2002-03 (SE/2003/135)—
Orkney Health Board Annual Accounts 2002-03 (SE/2003/139)—
laid under section 22(5) of the Public Finance and
Accountability (Scotland) Act 2000
Report by the Auditor General for Scotland on the 2002-03
Audit of Argyll and Clyde Health Board (SE/2003/265)
Report by the Auditor General for Scotland on the 2002-03
Audit of Forth Valley Health Board (SE/2003/268)
Report by the Auditor General for Scotland on the 2002-03
Audit of Orkney Health Board (SE/2003/280)
The Queen’s Printer for Scotland – Report covering the
period 1 April 2002 to 31 March 2003 (SE/2003/253)
Learning and Teaching Scotland, Annual Report 2002-03 (SE/2003/258)
Learning and Teaching Scotland, Report and Financial Statements,
Twelve Months ended 31 March 2003 (SE/2003/259)
Scottish Local Government Financial Statistics 2001-02
(SE/2003/281)
Committee Reports
The following Reports were published on 25 September 2003—
Health Committee, 4th Report 2003 (Session 2): Report
on Subordinate Legislation (SP Paper 21)
Communities Committee, 2nd Report 2003 (Session 2):
Report on
Subordinate legislation (SP Paper 22)
Subordinate Legislation Committee, 6th Report 2003
(Session 2): Report on Subordinate Legislation (SP Paper
23)
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