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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 1, No 50 (Session 2)

Thursday 29 January 2004

 
 

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

The meeting opened at 9.30 am.

1. Modernising the Court System – A New Supreme Court: The Minister for Justice moved S2M-828—That the Parliament believes that it is a cardinal feature of a modern democratic state that the judiciary should be separated from the legislature and therefore supports the creation of a new Supreme Court believing that it will strengthen the independence of the judiciary.

Nicola Sturgeon moved amendment S2M-828.1 to motion S2M-828—

Leave out from "believing" to end and insert—

"for England and Wales; considers, however, that its creation affords an opportunity for the modernisation and repatriation of Scotland's justice system, including an end to the historic anomaly that allows civil, but not criminal, cases to be appealed to a UK court and, having established that principle, calls on the Scottish Executive to consult on whether the Inner House of the Court of Session or a higher appellate authority within Scotland should be the final court of appeal in Scottish civil cases."

After debate, the amendment was disagreed to ((DT) by division: For 30, Against 75, Abstentions 0).

Miss Annabel Goldie moved amendment S2M-828.2 to motion S2M-828—

Leave out from "it is" to end and insert—

"in the event of a United Kingdom Supreme Court being created, the Scottish Executive needs to ensure both that Scottish judges are appointed to sit in all civil appeals from Scotland and that decisions of the Supreme Court in non-Scottish cases are not binding in Scots law except in so far as the law determining such cases is applicable on a United Kingdom basis."

After debate, the amendment was disagreed to ((DT) by division: For 46, Against 60, Abstentions 0).

The motion was then agreed to ((DT) by division: For 62, Against 18, Abstentions 27).

2. First Minister's Question Time: Questions were answered by the First Minister (Mr Jack McConnell).

3. Question Time: Questions were answered by Ministers and junior Scottish Ministers.

4. Budget (Scotland) Bill – Stage 1: The Minister for Finance and Public Services (Mr Andy Kerr) moved S2M-807—That the Parliament agrees to the general principles of the Budget (Scotland) Bill.

After debate, the motion was agreed to ((DT) by division: For 61, Against 9, Abstentions 37).

5. Health Protection Agency Bill – UK Legislation: The Deputy Minister for Health and Community Care (Mr Tom McCabe) moved S2M-786—That the Parliament endorses the principle that the Health Protection Agency should be able to carry out, in Scotland, certain devolved radiation protection functions and, subject to the prescribed statutory requirements and procedures, other devolved health protection functions as set out in the Health Protection Agency Bill; agrees that the Bill should confer powers and functions on the Scottish Ministers and make provision for various other related matters in respect of the Health Protection Agency, and agrees that the Bill should be considered by the UK Parliament.

The motion was agreed to (DT).

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

7. Public Consultation on Private Prisons: The Parliament debated S2M-793 in the name of Fiona Hyslop—That the Parliament notes the concerns of many of its members and amongst the wider public about the proposals for private prisons in Scotland; notes that applications for two new prisons have now been lodged in Addiewell and Low Moss but that as yet the public have not been informed if either or both are intended to operate as private prisons, and expresses the view that the public should be entitled to know what kind of operation is being planned for their local communities as part of any consultation and decision-making process.

8 Motion Without Notice: Fiona Hyslop moved without notice a motion under Rule 8.14.3 that the Parliament agrees that Members' Business on 29 January 2004 be extended by up to 5 minutes.

The meeting closed at 6.00 pm.

P E Grice

Clerk of the Parliament

29 January 2003

Appendix

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

Subordinate Legislation

Affirmative Instruments

The following instrument was laid before the Parliament on 29 January 2004 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Scotland) Order 2004 (SSI 2004/21)

laid under section 1(8) of the Food and Environment Protection Act 1985

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 29 January 2004 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 2) (Scotland) Order 2003 Revocation Order 2004 (SSI 2004/22)

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


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