Back
 

MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 1, No 25 Session 2

Wednesday 8 October 2003

 
 

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)

 


Back