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

The meeting opened at 2.30 pm.

1. Time for Reflection: Mr Habib Malik a director of Multi Ethnic Aberdeen Limited and Scotland Area Manager for Islamic Relief led Time for Reflection.

2. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-953—That the Parliament agrees a revision to the programme of business for Wednesday 25 February 2004, as follows—

after,

2.30 pm Time for Reflection – Mr Habib Malik, a director of Multi Ethnic Aberdeen Limited and Scotland Area Manager for Islamic Relief

followed by Parliamentary Bureau Motions

insert,

followed by Ministerial Statement on Fresh Talent

The motion was agreed to.

3. Ministerial Statement on Fresh Talent: The First Minister (Mr Jack McConnell) made a statement and answered questions on Fresh Talent.

4. Criminal Procedure (Amendment) (Scotland) Bill – Stage 1: The Minister for Justice (Cathy Jamieson) moved S2M-473—That the Parliament agrees to the general principles of the Criminal Procedure (Amendment) (Scotland) Bill.

After debate, the motion was agreed to ((DT) by division: For 112, Against 0, Abstentions 3).

5. Criminal Procedure (Amendment) (Scotland) Bill – Financial Resolution: The Minister for Finance and Public Services (Mr Andy Kerr) moved S2M-536—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Criminal Procedure (Amendment) (Scotland) Bill, agrees to any increase, in consequence of the Act, in expenditure payable out of the Scottish Consolidated Fund.

The motion was agreed to ((DT) by division: For 112, Against 0, Abstentions 3).

6. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-952—That the Parliament agrees—

(a) the following programme of business

Wednesday 3 March 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 1 Debate on the National Health Service Reform (Scotland) Bill

followed by Financial Resolution in respect of the National Health Service Reform (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 4 March 2004

9.30 am Stage 3 of the Vulnerable Witnesses (Scotland) Bill

12 noon First Minister’s Question Time

2.30 pm Question Time

3.10 pm Continuation of Stage 3 of the Vulnerable Witnesses (Scotland) Bill

followed by Motion on Companies (Audit Investigations and Community Enterprise) Bill – UK Legislation

followed by Motion on Civil Contingencies Bill – UK Legislation

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 10 March 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 1 Debate on the Antisocial Behaviour etc. (Scotland) Bill

followed by Financial Resolution in respect of the Antisocial Behaviour etc. (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 11 March 2004

9.30 am Scottish Senior Citizens’ Unity Party Business

followed by Scottish Socialist Party Business

12 noon First Minister’s Question Time

2.00 pm Question Time

3.00 pm Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

and (b) that the rota for departmental themes for Question Time, to run for a trial period from 11 March 2004 to the summer recess, be as follows:

Week 1 Enterprise, Transport and Lifelong Learning; Justice and Law Officers;

Week 2 Education, Tourism, Culture and Sport; Finance and Communities;

Week 3 Environment and Rural Development; Health and Community Care.

The motion was agreed to.

7. Designation of Lead Committees: Patricia Fergusson, on behalf of the Parliamentary Bureau, moved—

S2M-947—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2004.

S2M-948—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2004.

S2M-949—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Advice and Assistance (Scotland) Amendment Regulations 2004, (SSI 2004/49).

S2M-950—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Civil Legal Aid (Scotland) Amendment Regulations 2004 (SSI 2004/50).

S2M-951—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2004 (SSI 2004/51).

The motions were agreed to (DT).

8. Approval of SSI: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-946—That the Parliament agrees that the draft Budget (Scotland) Act 2003 Amendment Order 2004 be approved.

The motion was agreed to (DT).

9. Approval of SSI: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-945—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Scotland) Order 2004 (SSI 2004/21) be approved.

After debate, the motion was agreed to ((DT) by division: For 70, Against 22, Abstentions 23).

10. Decision Time: The Parliament took decisions on items 4, 5, 7, 8 and 9 as noted above.

11. General Medical Services Contracts: Alasdair Morgan moved S2M-728—That the Parliament is concerned that the provisions made for contracting-out out-of-hours care from GPs to local NHS boards may be insufficiently funded to meet the unique challenges encountered in rural practices; believes that rural practices thus unable to opt out will have serious difficulty in recruiting new doctors, and considers that the Scottish Executive should re-examine the level of funding allocated to NHS boards providing these services in rural areas.

The meeting closed at 6.04 pm.

P E Grice

Clerk of the Parliament

25 February 2004

Appendix

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

Subordinate Legislation

Affirmative Instruments

The following instrument was laid in draft before the Parliament on 17 February 2004 for approval by resolution

The Renewables Obligation (Scotland) Order 2004

laid under section 32(9) of the Electricity Act 1989

The following instrument was laid in draft before the Parliament on 19 February 2004 for approval by resolution

The Debt Arrangement Scheme (Scotland) Regulations 2004

laid under section 62(4) of the Debt Arrangement and Attachment (Scotland) Act 2002

Negative Instruments

The following instruments were laid before the Parliament on 12 February 2004 and are subject to annulment—

The Motorways Traffic (Scotland) Amendment Regulations 2004 (SSI/2004/53)—

The A1 (East of Haddington to Dunbar) Special Road Regulations 2004 (SSI/2004/54)—

laid under section 134(3) of the Road Traffic Regulation Act 1984

The following instruments were laid before the Parliament on 13 February 2004 and are subject to annulment—

The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2004 (SSI 2004/55)

laid under section 20(5) of the Sea Fish (Conservation) Act 1967

The Food (Chilli and Chilli Products) (Emergency Control) (Scotland) Regulations 2004 (SSI 2004/56)

laid under paragraph 2 of schedule 2 of the European Communities Act 1972

The following instrument was laid before the Parliament on 16 February 2004 and is subject to annulment

The Non-Domestic Rate (Scotland) Order 2004 (SSI 2004/59)

laid under section 7B(5) of the Local Government (Scotland) Act 1975

The following instrument was laid before the Parliament on 17 February 2004 and is subject to annulment

The Housing Revenue Account General Fund Contribution Limits (Scotland) Order 2004 (SSI 2004/60)

laid under section 204 of the Housing (Scotland) Act 1987

The following instrument was laid before the Parliament on 19 February 2004 and is subject to annulment

The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Amendment Regulations 2004 (SSI 2004/62)

laid under section 12(6) of the Superannuation Act 1972

The following instruments were laid before the Parliament on 23 February 2004 and are subject to annulment—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 4) (Scotland) Partial Revocation (No. 2) Order 2004 (SSI 2004/65)

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

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2004 (SSI 2004/66)

laid under section 105(2) of the National Health Service (Scotland) Act 1978

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 17 February 2004 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 5) (Scotland) Order 2003 Partial Revocation Order 2004 (SSI 2004/61)

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

The following instrument was laid before the Parliament on 25 February 2004 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.4) (Scotland) Partial Revocation (No.3) Order 2004 (SSI 2004/69)

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

Other Documents

The following documents were laid before the Parliament on 12 February 2004 and are not subject to any Parliamentary procedure

Aberdeen College – Financial Statements for the Year to 31 July 2003 (SE/2004/16)—

Anniesland College – Report and Accounts – 31 July 2003 (SE/2004/17)—

Barony College – Financial Statements for the Year to 31 July 2003 (SE/2004/18)—

Central College of Commerce – Report and Financial Statements 2002-03 (SE/2004/19)—

Clydebank College – Annual Report and Accounts for the year ended 31 July 2003 (SE/2004/20)—

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

The following documents were laid before the Parliament on 13 February 2004 and are not subject to any Parliamentary procedure

Edinburgh’s Telford College Report and Financial Statements for the year ended 31 July 2003 (SE/2004/21)—

Dundee College Report of the Board of Management and Financial Statements for the year ended 31 July 2003 (SE/2004/22)—

The Lauder Group Annual Accounts 2002-03 (SE/2004/23)—

Motherwell College Financial Statements for the year ended 31 July 2003 (SE/2004/24)—

Oatridge College Report and Financial Statements for the year ended 31 July 2003(SE/2004/25)—

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

Scottish Public Services Ombudsman: Report of an Investigation into a complaint against two GPs in the Lothian area (SPSO/2004/03)

laid under section 15(1) of the Scottish Public Services Ombudsman Act 2002

The following documents were laid before the Parliament on 25 February 2004 and are not subject to any Parliamentary procedure—

Bus User Complaints Tribunal Annual Report 1 January 2003 to 31 December 2003 (SE/2004/26)

laid under section 41(3) of the Transport (Scotland) Act 2001

Better equipped to care? Follow-up report on managing medical equipment: A main report and summary report prepared for the Auditor General for Scotland (AGS/2004/2)

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

Committee Reports

The following Reports were published on 13 February 2004—

Procedures Committee, 3rd Report, 2004 (Session 2): Suspension of Standing Orders (SP Paper 93)

Subordinate Legislation Committee, 6th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 96)

The following Report was published on 18 February 2004

Environment and Rural Development Committee, 2nd Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 97)

The following Report was published on 19 February 2004

Justice 1 Committee, 2nd Report, 2004 (Session 2): Stage 1 Report on the Criminal Procedure (Amendment) (Scotland) Bill (SP Paper 95)

The following Report was published on 24 February 2004

Finance Committee, 1st Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 98)