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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 1,No 37 (Session 2)

Wednesday 3rd December 2003

 
 

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Reverend Marion Chatterley, Waverley Care, Chaplain to people living with HIV led Time for Reflection.

2. Modernising Access to Legal Advice, Information and Representation: The Minister for Justice (Cathy Jamieson) moved S2M-685—That the Parliament notes the progress made to date on modernising access to legal advice, information and representation; agrees the importance of increasing access to justice through a better and more consistent provision of legal information and advice throughout Scotland, and welcomes the strategic review of the delivery of legal aid, advice and information as a means of ensuring a better and more efficient public service in line with the needs of Scottish citizens.

Nicola Sturgeon moved amendment S2M-685.2 to motion S2M-685—

Insert at end—

", but expresses concern that the reality for far too many people in need of legal advice, information and representation still falls far short of this standard, that availability of high quality legal advice and representation for people who cannot afford to pay for it is less accessible now than previously, and that access to advice and assistance from non-legally qualified providers, which in many circumstances is more appropriate than access to a solicitor, remains needlessly fragmented and geographically inconsistent due to a failure to build on best practice where it exists."

After debate, the amendment was disagreed to ((DT) by division: For 36, Against 74, Abstentions 0).

Miss Annabel Goldie moved amendment S2M-685.1 to motion S2M-685—

Insert at end—

"; acknowledges, however, that improving confidence in our justice system means more than ensuring that people get legal advice, but is about creating a system of criminal justice in Scotland which works and in which the public has confidence, and therefore calls for an end to delays in cases coming to court, an end to automatic release of prisoners and the introduction of proper public accountability within our police forces."

After debate, the amendment was disagreed to ((DT) by division: For 12, Against 97, Abstentions 1).

The motion was then agreed to ((DT) by division: For 86, Against 0, Abstentions 24).

3. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-692—That the Parliament agrees the following programme of business—

Wednesday 10 December 2003

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Debate on Fisheries 2004

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 11 December 2003

9.30 am Scottish Conservative and Unionist Party Business

12 noon First Minister’s Question Time

2.30 pm Question Time

3.10 pm Preliminary Stage Debate on Stirling-Alloa-Kincardine Railway and Linked Improvements Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 17 December 2003

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Finance Committee Debate on Stage 2 of the 2004-05 Budget Process

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 18 December 2003

9.30 am Executive Business

12 noon First Minister’s Question Time

2.30 pm Question Time

3.10 pm Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

After debate, the motion was agreed to (by division: For 67, Against 33, Abstentions 10).

4. Approval of SSI: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-687—That the Parliament agrees that the Nitrate Vulnerable Zones (Grants) (Scotland) Amendment Scheme 2003 (SSI 2003/518) be approved.

The motion was agreed to (DT).

5. Approval of SSI: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-688—That the Parliament agrees that the Mink Keeping (Scotland) Order 2003 (SSI 2003/528) be approved.

The motion was agreed to (DT).

6. Decision Time: The Parliament took decisions on items 1, 4 and 5 as noted above.

7. Galloway Fisheries Inshore Exclusion Zone: The Parliament debated S2M-241 in the name of Alex Fergusson—That the Parliament notes with concern the threat to the fisheries within Luce Bay and Wigtown Bay in Galloway posed by recent exploitation of the fisheries by a "supercrabber" and the consequential threat to the 20 local livelihoods that these fisheries sustain; further notes that any future expeditions by industrial vessels of this nature will inevitably deplete available stocks to unsustainable levels, and therefore believes that the Scottish Executive should introduce a three-mile exclusion zone for all vessels over 40 feet to cover both of these bays thereby safeguarding both the stocks and the jobs that they sustain.

 

 

The meeting closed at 5.51 pm.

P E Grice

Clerk of the Parliament

3 December 2003

Appendix

(Note: this Appendix does not form part of the Minutes)

New Bills introduced or reprinted on 2 December 2003

Primary Medical Services (Scotland) Bill—The Bill was reprinted as amended at Stage 2. (SP Bill 4A) (Executive Bill)

Vulnerable Witnesses (Scotland) Bill—The Bill was reprinted as amended at Stage 2. (SP Bill 5A) (Executive Bill)

Subordinate Legislation

Negative Instruments

The following instruments were laid before the Parliament on 1 December 2003 and are subject to annulment—

The Regulation of Care (Scotland) Act 2001 (Transitional Provisions and Revocation) Order 2003 (SSI 2003/587)

laid under section 78(1) of the Regulation of Care (Scotland) Act 2001

The End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003 (SSI 2003/593)

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 2 December 2003 and are not subject to any Parliamentary procedure—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (Scotland) Revocation Order 2003 (SSI 2003/589)—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (No. 3) (Scotland) Revocation Order 2003 (SSI 2003/590)—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No. 4) (Scotland) Revocation Order 2003 (SSI 2003/591)—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (No. 4) (Scotland) Partial Revocation Order 2003 (SSI 2003/592)—

laid under section 1(10) of the Food Environment Protection Act 1985

Other Documents

The following documents were laid before the Parliament on 1 December 2003 and are not subject to any Parliamentary procedure—

National Museums of Scotland Statement of Accounts for the year ended 31 March 2003 (SE/2003/320)

Scottish Higher Education Funding Council Financial Statements for the year ended 31 March 2003 (SE/2003/321)

Scottish Further Education Funding Council Financial Statements for the year ended 31 March 2003 (SE/2003/322)

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

The following documents were laid before the Parliament on 2 December 2003 and are not subject to any Parliamentary procedure—

Communities Scotland Annual Report and Accounts 2002-03 (SE/2003/237)

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

Scottish Arts Council Annual Report 2002-03 (SE/2003/325)

The following document was laid before the Parliament on 3 December 2003 and is not subject to any Parliamentary procedure

Financial performance of the further education sector in Scotland: A report to the Scottish Parliament by the Auditor General for Scotland (AGS/2003/9)

laid under the Public Finance and Accountability (Scotland) Act 2000

Committee Reports

The following Report was published on 2 December 2003

Justice 2 Committee, 5th Report 2003: Report on Subordinate Legislation (SP Paper 55)


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