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Note: (DT) signifies a decision taken at Decision
Time.
The meeting opened at 2.30 pm.
1. Time for Reflection:
Ryan Singh Kohli, Glasgow, Sikh Mata Sahib Kaur student at Oxford
University, led Time for Reflection.
2. Business Motion: Patricia Ferguson,
on behalf of the Parliamentary Bureau, moved S2M-459—That the
Parliament agrees the following revision to the business programme
agreed on 1 October 2003—
Wednesday 8 October 2003
delete,
followed by Ministerial Statement
The motion was agreed to.
3. Scottish Fire and Rescue Service – Proposals
for Legislation: The Minister for
Justice (Cathy Jamieson) moved S2M-456—That the Parliament
welcomes the Scottish Executive’s commitment to working with
stakeholders to develop a fire and rescue service that is modern
and effective with the principal aim of reducing risk; notes
that the consultation paper The Scottish Fire and Rescue
Service: Proposals for Legislation builds on the responses
received to the first policy paper, and notes that the Executive
will engage with stakeholders to modernise the service and work
together to provide greater impetus to protect the public from
fire to reduce Scotland’s poor record of fire fatalities.
Nicola Sturgeon moved amendment S2M-456.2
to motion S2M-456—
Insert at end—
"and, however, expresses concern about
certain detailed proposals contained in the consultation
paper including, for example, the move from existing minimum
standards of fire cover to an as yet untested risk management
system and the removal of the safeguard of ministerial involvement
in decisions about staffing and the location of fire stations
and equipment."
After debate, the amendment was agreed
to/disagreed to ((DT) by division: For 34, Against 74, Abstentions
0).
Miss Annabel Goldie moved amendment S2M-456.1 to motion S2M-456—
Leave out from "welcomes" to end and insert—
"notes that the consultation paper
The Scottish Fire and Rescue Service: Proposals for
Legislation builds on the responses received to the
Scottish Executive’s first policy paper; is concerned, while
commending the engagement of the Executive with stakeholders
to modernise the service and work together to provide greater
impetus to protect the public from fire to reduce Scotland’s
poor record of fire fatalities, that the new National Framework,
which includes centrally-driven top down targets, performance
indicators, monitoring and guidance, will prejudice local
operational flexibility, and calls on the Executive to confirm
that it will not cut the number of fire brigades."
After debate, the amendment was agreed to/disagreed to ((DT)
by division: For 14, Against 94, Abstentions 0).
Frances Curran moved amendment S2M-456.3 to motion S2M-456—
Insert at end—
"and considers that safety is paramount
and that during the transitional period moving from the
traditional approach to standards of fire cover to Integrated
Risk Management Plans (IRMPs), the IRMPs must be tested,
validated and piloted to prove that they are leading to
an improvement in public and firefighter safety prior to
implementation."
After debate, the amendment was agreed to/disagreed to ((DT)
by division: For 34, Against 74, Abstentions 0).
The motion was then agreed to ((DT) by division: For 70, Against
3, Abstentions 35).
4. Business Motion: Patricia Ferguson,
on behalf of the Parliamentary Bureau, moved S2M-465—That the
Parliament agrees the following programme of business—
Wednesday 29 October 2003
2.30 pm Time for Reflection
followed by Parliamentary Bureau
Motions
followed by Stage 1 Debate on
the Primary Medical Services (Scotland) Bill
followed by Financial Resolution
in respect of the Primary Medical Services (Scotland) Bill
followed by Business Motion
followed by Parliamentary Bureau
Motions
5.00 pm Decision Time
followed by Members' Business
Thursday 30 October 2003
9.30 am Committee Business
12 noon First Minister's Question Time
2.30 pm Question Time
3.10 pm Executive Debate on Building
Better Cities
followed by Parliamentary Bureau
Motions
5.00 pm Decision Time
followed by Members' Business
Wednesday 5 November 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 6 November 2003
9.30 am Scottish Green Party Business
12 noon First Minister's Question Time
2.30 pm Question Time
followed by Executive Business
followed by Parliamentary Bureau
Motions
5.00 pm Decision Time
followed by Members' Business
The motion was agreed to.
5. Approval of SSI: Patricia Ferguson,
on behalf of the Parliamentary Bureau, moved S2M-460—That the
Parliament agrees that the draft Title Conditions (Scotland)
Act 2003 (Consequential Provisions) Order 2003 be approved.
The motion was agreed to (DT).
6. Committee Substitutes: Patricia Ferguson,
on behalf of the Parliamentary Bureau, moved S2M-461—That the
Parliament agrees the following changes to Scottish Conservative
and Unionist Party committee substitutes—
Bill Aitken to replace David Mundell as substitute on the Education
Committee;
Mr David Davidson to replace Mr Brian Monteith as substitute
on the Enterprise and Culture Committee;
David Mundell to replace Mary Scanlon as substitute on the
Finance Committee; and
Mr Brian Monteith to replace Mr David Davidson as substitute
on the Local Government and Transport Committee.
The motion was agreed to (DT).
7. Designation of Lead Committees: Patricia
Ferguson, on behalf of the Parliamentary Bureau, moved—
S2M-462—That the Parliament agrees that the Justice 2 Committee
be designated as lead committee in consideration of the
Lands Tribunal for Scotland Rules 2003 (SSI 2003/452).
S2M-463—That the Parliament agrees that the Justice 2 Committee
be designated as lead committee in consideration of the
Title Conditions (Scotland) Act 2003 (Conservation Bodies)
Order 2003 (SSI 2003/453).
S2M-464—That the Parliament agrees that the Justice 2 Committee
be designated as lead committee in consideration of the
Land Tribunal for Scotland (Relevant Certificate) (Fees)
Rules 2003 (SSI 2003/451).
The motions were agreed to (DT).
8. Decision Time:
The Parliament took decisions on items 3, 5, 6 and 7 as noted
above.
9. Auxiliary Fire Units
in the Highlands: The Parliament debated S2M-291 in
the name of Mr Fergus Ewing—That the Parliament notes that
auxiliary fire units play a vital role in many rural communities
in fighting fires and do so in conjunction with the retained
fire brigades; notes with concern that, following a report from
Her Majesty's Inspectorate of Fire Services (HMI), 32 auxiliary
units face possible closure; further notes that the new approach
of integrated risk assessment should permit the preservation
of as many as possible of these auxiliary units; considers that
the Scottish Executive should explicitly endorse the need for
such units and acknowledge the essential role that they play
in protecting human life and property; believes that, if the
recommendations of the HMI report are not carefully considered
and auxiliary units are forced to close because of the proposed
introduction of compulsory access to breathing apparatus within
a short timescale, then human life and property may be placed
at risk; believes that all involved, including Highland Council,
the Firemaster, HMI and the Health and Safety Executive, should
continue to discuss the implications of the HMI report in the
context of integrated risk assessment and find an outcome that
prevents the closure of so many of the auxiliary units.
The meeting closed at
5.55 pm.
P E Grice
Clerk of the Parliament
8 October 2003
Appendix
(Note: this Appendix does not form part
of the Minutes)
New Bill introduced on 7 October 2003
Criminal Procedure (Amendment) (Scotland) Bill—A
Bill for an Act of the Scottish Parliament to make provision,
in connection with proceedings in the High Court of Justiciary,
for the holding of preliminary hearings prior to the trial diet
and to require any solicitor engaged by the accused to notify
the Court and the prosecutor of his engagement, withdrawal and
dismissal; to make new provision as to the alteration and continuation
of the trial diet in proceedings in the High Court; to make
new provision as to the procedure where the trial diet in proceedings
in the High Court does not proceed; to amend the time limit
for commencement of the trial in proceedings in the High Court;
in connection with solemn criminal proceedings generally, to
amend the consequences of failure to comply with time limits,
to remove the requirement for a warrant to be issued for citation
of the accused, witnesses and jurors, to enable the trial to
be conducted in the absence of the accused in certain circumstances,
to provide for the apprehension, detention and release on bail
of reluctant witnesses and to restate with modifications certain
provisions in relation to the raising of preliminary pleas and
issues; to enable persons to be released on bail subject to
a requirement that their compliance with conditions of bail
restricting their movements be remotely monitored; to make provision
entitling the prosecutor to be heard on certain applications
relating to bail; to make further provision as to the matters
to be dealt with by the sheriff court at a first diet in solemn
proceedings; to make new provision as to the procedure to be
followed by the court in sentencing offenders who have pled
guilty; to increase from three to five years the maximum extended
sentence that may be imposed by a sheriff on persons convicted
on indictment of certain violent and sexual offences; to make
new provision as to the citation of witnesses for precognition
by the prosecutor; and for connected purposes (SP Bill 10) (Executive
Bill)
Introduced by: Cathy Jamieson
Supported by: Hugh Henry
Explanatory Notes (and other accompanying
documents) (SP Bill 10-EN) and a Policy Memorandum (SP Bill
10-PM) were printed to accompany the Bill.
Subordinate Legislation
Negative Instruments
The following instruments were laid before the Parliament on
3 October 2003 and are subject to annulment—
The Civil Legal Aid (Scotland) Amendment (No.2) Regulations
2003 (SSI 2003/486)
laid under section 37(1) of the Legal Aid (Scotland)
Act 1986
The Further and Higher Education (Scotland) Act 1992 Amendment
Order 2003 (SSI 2003/487)
laid under section 60 of the Further and Higher Education
(Scotland) Act 1992
The following instruments were laid before the Parliament on
8 October 2003 and are subject to annulment—
The Condensed Milk and Dried Milk (Scotland) Amendment
Regulations 2003 (SSI 2003/492)
laid under section 48(3) of the Food Safety Act 1990
The Food (Hot Chilli and Hot Chilli Products) (Emergency
Control) (Scotland) Amendment Regulations 2003 (SSI 2003/493)
laid under paragraph 2 of schedule 2 to The European
Communities Act 1972
Not Subject to any Parliamentary Procedure
The following instruments were laid before the Parliament on
8 October 2003 and are not subject to any Parliamentary procedure—
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish
Poisoning) (East Coast) (No.2) (Scotland) Revocation Order
2003 (SSI 2003/494)—
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish
Poisoning) (East Coast) (No.5) (Scotland) Revocation Order
2003 (SSI 2003/495)—
laid under section 1(10) of the Food and Environment
Protection Act 1985
Other Documents
The following documents were laid before the Parliament on
3 October 2003 and are not subject to any Parliamentary procedure—
Sportscotland Report of the Council 2002-03 (SE/2003/254)
laid under section 22(5) of the Public Finance and
Accountability (Scotland) Act 2000
National Library of Scotland Annual Report 2002-03 (SE/2003/290)
laid under The National Library of Scotland Act 1925
as amended by the National Heritage (Scotland) Act 1985
The following document was laid before the Parliament on 7
October 2003 and is not subject to any Parliamentary procedure
Registers of Scotland Annual Report and Accounts 2002-03
(SE/2003/194)
The following documents were laid before the Parliament on
8 October 2003 and are not subject to any Parliamentary procedure
SEAFISH Annual Review 2002-03 (SE/2003/288)
SEAFISH Annual Accounts 2002-03 (SE/2003/289)
Committee Reports
The following Reports were published on 6 October 2003—
Health Committee, 6th Report 2003 (Session 2): Stage 1
Report on Primary Medical Services (Scotland) Bill (SP Paper
27)
Education Committee, 2nd Report 2003 (Session 2):
Report on Subordinate Legislation (SP Paper 28)
The following Report was published on 7 October 2003
Standards Committee, 1st Report 2003 (Session 2):
Complaint against Kenny MacAskill MSP and Tricia Marwick
MSP (SP Paper 29)
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