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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 1,No 59 Session 2

Wednesday 10 March 2004

 
 

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

The meeting opened at 2.30 pm.

1. Time for Reflection: President David McKelvie Rae, President of the Paisley Scotland Stake of The Church of Jesus Christ of Latter-day Saints led Time for Reflection.

2. Parliamentary Bureau Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1031—That the Parliament agrees the following revision to the programme of business for Wednesday 10 and Thursday 11 March 2004 agreed on 3 March 2004—

(a) Wednesday 10 March 2004

after,

"2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions"

insert,

"followed by Ministerial Statement on GM Crops"

and

(b) Thursday 11 March 2004

after,

"2.00 pm Question Time -

Enterprise, Lifelong Learning and Transport;

Justice and Law Officers;

General Questions"

insert,

"followed by Ministerial Statement on the Outcomes of the Ministerial Group on Tourism"

Mark Ballard moved amendment S2M-1031.1 to motion S2M-1031—

after

"followed by Ministerial Statement on the Outcomes of the Ministerial Group on Tourism"

insert

"followed by Debate on GM Crops"

After debate, the amendment was disagreed to (by division: For 54, Against 58, Abstentions 0).

Carolyn Leckie moved amendment S2M-1031.2 to motion S2M-1031—

delete

"followed by Ministerial Statement on GM Crops"

and insert

"followed by Ministerial Statement on the hunger strike by Farouk Haidari, Farnborz Gravindk and Mokhtar Haydary"

After debate, the amendment was disagreed to (by division: For 39, Against 74, Abstentions 0).

The motion was then agreed to (by division: For 60, Against 46, Abstentions 7).

3. Ministerial Statement: The Deputy Minister for Environment and Rural Development (Allan Wilson) made a statement, and answered questions on GM crops.

4. Antisocial Behaviour etc. (Scotland) Bill – Stage 1: The Minister for Communities (Ms Margaret Curran) moved S2M-532—That the Parliament agrees to the general principles of the Antisocial Behaviour etc. (Scotland) Bill.

Nicola Sturgeon moved amendment S2M-532.1 to motion S2M-532—

Insert at end—

"but, in so doing, calls on the Scottish Executive to review Part 3 of the Bill, in light of comments made by the Communities and Justice 2 Committees."

After debate, the amendment was disagreed to ((DT) by division: For 47, Against 63, Abstentions 8).

Colin Fox moved amendment S2M-532.2 to motion S2M-532—

Leave out from "agrees" to end and insert—

"does not agree to the general principles of the Antisocial Behaviour etc. (Scotland) Bill because it believes that the most effective way to address antisocial behaviour is through greater investment in a wide range of community support services, does not believe that the punitive measures contained in the Bill will address this issue, believes that a fully-resourced Children’s Hearings system represents the best way of dealing with young offenders; does not believe that extending the use of Antisocial Behaviour Orders to under-16s is appropriate, and considers that, rather than creating extra legal powers such as dispersal, the police should be provided with extra resources."

After debate, the amendment was disagreed to ((DT) by division: For 13, Against 101, Abstentions 3).

The motion was then agreed to ((DT) by division: For 103, Against 14, Abstentions 1).

5. Antisocial Behaviour etc. (Scotland) Bill – Financial Resolution: The Deputy Minister for Communities (Mrs Mary Mulligan) moved S2M-614—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Antisocial Behaviour etc. (Scotland) Bill, agrees to any increase in expenditure charged on, and any expenditure payable out of, the Scottish Consolidated Fund in consequence of the Act.

The motion was agreed to ((DT) by division: For 104, Against 6, Abstentions 8).

6. Business Motion: Patricia Ferguson on behalf of the Parliamentary Bureau moved S2M-1023—That the Parliament agrees—

  1. the following programme of business—

Wednesday 17 March 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Debate on Enterprise and Culture Committee’s 3rd Report, 2003 (Session 2): Scottish Solutions Inquiry

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 18 March 2004

9.30 am Scottish National Party Business

12 noon First Minister’s Question Time

2.00 pm Question Time -

Education and Young People, Tourism, Culture and Sport;

Finance and Public Services and Communities;

General Questions

3.00 pm Executive Debate on Action to Promote Women in Scotland

followed by Motion on Justice (Northern Ireland) Bill – UK Legislation

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 24 March 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 1 Debate on the Local Governance (Scotland) Bill

followed by Financial Resolution in respect of the Local Governance (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 25 March 2004

9.30 am Scottish Green Party Business

12 noon First Minister’s Question Time

2.00 pm Question Time -

Environment and Rural Development;

Health and Community Care;

General Questions

3.00 pm Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

and (b) that consideration of the National Health Service Reform (Scotland) Bill at Stage 2 be completed by 2 April 2004; that consideration of the Criminal Procedure (Amendment) (Scotland) Bill at Stage 2 be completed by 31 March 2004; that the timetable for completion of consideration of the Education (Additional Support for Learning) (Scotland) Bill at Stage 2 be extended to 17 March 2004; and that the timetable for completion of consideration of the Prostitution Tolerance Zones (Scotland) Bill at Stage 1 be extended to 2 July 2004.

The motion was agreed to.

7. Approval of SSI: Patricia Ferguson, on behalf of the Parliamentary Bureau moved S2M-1025—That the Parliament agrees that the draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2004 be approved.

The motion was agreed to (DT).

8. Approval of SSI: Patricia Ferguson, on behalf of the Parliamentary Bureau moved S2M-1026—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 2) (Scotland) Order 2004 (SSI 2004/43) be approved.

After debate, the motion was agreed to ((DT) by division: For 71, Against 23, Abstentions 23).

9. Approval of SSI: Patricia Ferguson, on behalf of the Parliamentary Bureau moved S2M-1027—That the Parliament agrees that the draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2004 be approved.

The motion was agreed to (DT).

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

11. Commonwealth Day 2004: Sylvia Jackson moved S2M-913—That the Parliament recognises the valuable role of the Commonwealth in strengthening relationships between nations across the world; welcomes the continued contribution of Scotland and its people to those relationships; reaffirms its support for the work of the Commonwealth Parliamentary Association, and commends the theme of Commonwealth Day this year, "Building a Commonwealth of Freedom", that raises important issues of governance, democracy, human rights, citizenship, building communities and development that are relevant to all peoples of the Commonwealth.

The meeting closed at 5.54 pm.

P E Grice

Clerk of the Parliament

10 March 2004

Appendix

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

New Bills introduced or reprinted on 3 March 2004

Nature Conservation (Scotland) Bill—The Bill was reprinted as amended at Stage 2. (SP Bill 9A) (Executive Bill)

New Bills introduced or reprinted on 4 March 2004

Vulnerable Witnesses (Scotland) Bill—The Bill was reprinted as passed. (SP Bill 5B) (Executive Bill)

Subordinate Legislation

Affirmative Instruments

The following instrument was laid in draft before the Parliament on 4 March 2004 for approval by resolution

The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004

laid under section 7 of the Primary Medical Services (Scotland) Act 2004

The following instrument was laid in draft before the Parliament on 9 March 2004 for approval by resolution

The Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2004

laid under section 98(5) of the Land Reform (Scotland) Act 2003

Negative Instruments

The following instruments were laid before the Parliament on 8 March 2004 and are subject to annulment—

The Individual Learning Account (Scotland) Regulations 2004 (SSI/2004/83)

laid under section 3 of the Education and Training (Scotland) Act 2000

The Road Works (Inspection Fees) (Scotland) Amendment Regulations 2004 (SSI/2004/84)

laid under section 163 of the New Roads and Street Works Act 1991

The Parking Attendants (Wearing of Uniforms) (Dundee City Council Parking Area) Regulations 2004 (SSI/2004/85)

laid under section 134 of the Road Traffic Regulation Act 1984

The Road Traffic (Parking Adjudicators) (Dundee City Council) Regulations 2004 (SSI/2004/86)

laid under section 82(7) of the Road Traffic Act 1991

The Road Traffic (Permitted Parking Area and Special Parking Area) (Dundee City Council) Designation Order 2004 (SSI/2004/87)

laid under paragraph 4 of Schedule 3 to the Road Traffic Act 1991

The following instruments were laid before the Parliament on 9 March 2004 and are subject to annulment—

The Private Hire Car Drivers’ Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2004 (SSI/2004/88)

laid under section 20(2AC) of the Civic Government (Scotland) Act 1982

The Teachers’ Superannuation (Scotland) Amendment Regulations 2004 (SSI/2004/89)

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

The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Amendment Regulations 2004 (SSI/2004/90)

laid under section 48(3) of the Food Safety Act 1990

The Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Amendment Order 2004 (SSI/2004/91)

laid under section 8(2) of the Local Government and Rating Act 1997

The Non-Domestic Rates (Levying) (Scotland) Regulations 2004 (SSI/2004/92)

laid under section 153(6) of the Local Government etc. (Scotland) Act 1994

The Regulation of Care (Fees) (Scotland) Order 2004 (SSI/2004/93)—

The Regulation of Care (Requirements as to Care Services) (Scotland) Amendment Regulations 2004 (SSI/2004/94)—

The Regulation of Care (Applications and Provision of Advice) (Scotland) Amendment Order 2004 (SSI/2004/95)—

The Regulation of Care (Registration and Registers) (Scotland) Amendment Regulations 2004 (SSI/2004/96)—

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

The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2004 (SSI/2004/97)—

The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No. 2) Regulations 2004 (SSI/2004/98)—

The National Health Service (Dental Charges) (Scotland) Amendment Regulations 2004 (SSI/2004/101)—

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

The following instruments were laid before the Parliament on 10 March 2004 and are subject to annulment—

The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment Regulations 2004 (SSI 2004/102)

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

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2004 (SSI 2004/103)—

The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2004 (SSI 2004/106)—

laid under section 63(3) of the National Assistance Act 1948

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2004 (SSI 2004/104)

The Potatoes Originating in Egypt (Scotland) Regulations 2004 (SSI 2004/111)

laid under paragraph 2 of Schedule 2 to the European Communities Act 1972

The Housing (Scotland) Act 2001 (Alteration of Housing Finance Arrangements) Order 2004 (SSI 2004/105)—

The Housing (Scotland) Act 2001 (Payments out of Grants for Housing Support Services) Amendment Order 2004 (SSI 2004/108)—

laid under section 109 of the Housing (Scotland) Act 2001

The National Health Service Trusts (Dissolution) (Scotland) Order 2004 (SSI 2004/107)

laid under section 105(4)(b) of the National Health Service (Scotland) Act 1978

The Rural Stewardship Scheme (Scotland) Amendment Regulations 2004 (SSI 2004/109)

The Countryside Premium Scheme (Scotland) Amendment Regulations 2004 (SSI 2004/113)

laid under section 98(3) of the Environment Act 1995

The Pollution Prevention and Control (Scotland) Amendment Regulations 2004 (SSI 2004/110)

laid under section 2 and Schedule 1 of the Pollution Prevention and Control Act 1999

Other Documents

The following documents were laid before the Parliament on 4 March 2004 and are not subject to any Parliamentary procedure—

Scottish Economic Report – March 2004 (SE/2004/34)

Overdraft Guarantee for Scottish Water (SE/2004/46)

laid under section 43(1) of the Water Industry (Scotland) Act 2002

James Watt College – Annual Report and Accounts 2002-2003 (SE/2004/51)—

Jewel & Esk Valley College – Annual Report of the Board of Management and Financial Statements for the year ended 31 July 2003 (SE/2004/52)—

Langside College – Year End Accounts and Report of the Board of Management for the year ended 31 July 2003 (SE/2004/53)

Stevenson College Edinburgh – Board of Management Report and Financial Statement for the year ended 31 July 2003 (SE/2004/55)—

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 East Ayrshire Council (SPSO/2004/4)

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

The following document was laid before the Parliament on 10 March 2004 and is not subject to any Parliamentary procedure

Report by the Minister for Environment and Rural Development on the Proceedings under sections 1 to 5 of the Sea Fisheries (Shellfish) Act 1967 (SE/2004/56)

Committee Reports

The following Reports were published on 5 March 2004—

Communities Committee, 1st Report 2004 (Session 2): Stage 1 Report on Antisocial Behaviour etc. (Scotland) Bill (SP Paper 104)

Environment and Rural Development Committee, 3rd Report 2004

(Session 2): Report on Subordinate Legislation (SP Paper 105)


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