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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 1,No 69 Session 2

Wednesday 28 April 2004

 
 

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Sister Helen McLaughlin of the House of Prayer in Edinburgh led Time for Reflection.

2. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1220—That the Parliament agrees that, during the Stage 3 proceedings of the Criminal Procedure (Amendment) (Scotland)  Bill, debate on each part of those proceedings shall be brought to a conclusion by the time-limits indicated (each time-limit being calculated from when Stage 3 begins and excluding any periods when other business is under consideration or when the meeting of the Parliament is suspended or otherwise not in progress):

Groups 1 and 2 – no later than 35 minutes

Groups 3 and 4 – no later than 1 hour 10 minutes

Groups 5 to 8 – no later than 1 hour 35 minutes

Groups 9 to 13 – no later than 1 hour 55 minutes

Motion to pass the Bill – no later than 2 hours 25 minutes

The motion was agreed to.

3. Criminal Procedure (Amendment) (Scotland) Bill – Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 36, 37, 38, 39, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 90, 63, 64, 65, 66, 67 and 68.

The following amendments were agreed to (by division)—

30 to 35 (For 100, Against 1, Abstentions 13)

40A (For 100, Against 14, Abstentions 0)

40 (For 94, Against 13, Abstentions 6)

41 to 47 (For 90, Against 10, Abstentions 14)

55 (For 96, Against 0, Abstentions 18)

The following amendments were disagreed to (by division)—

91 (For 52, Against 62, Abstentions 0)

101 (For 35, Against 76, Abstentions 0)

107 (For 48, Against 61, Abstentions 1)

109 (For 14, Against 96, Abstentions 1)

115 (For 48, Against 65, Abstentions 0)

116 (For 48, Against 67, Abstentions 0)

69 (For 21, Against 81, Abstentions 0)

70 (For 21, Against 84, Abstentions 0)

71 (For 21, Against 85, Abstentions 0)

72 (For 21, Against 87, Abstentions 0)

120 (For 52, Against 65, Abstentions 0)

Other amendments were not moved.

4. Criminal Procedure (Amendment) (Scotland) Bill - Stage 3: The Minister for Justice (Cathy Jamieson) moved S2M-1100—That the Parliament agrees that the Criminal Procedure (Amendment) (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 112, Against 0, Abstentions 5).

5. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1216—That the Parliament agrees—

(a) the following programme of business—

Wednesday 5 May 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 of the Nature Conservation (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 6 May 2004

9.30 am Parliamentary Bureau Motions

followed by Stage 3 of the National Health Service Reform (Scotland) Bill

12 noon First Minister’s Question Time

2.00 pm Question Time—

Enterprise, Lifelong Learning and Transport;

Justice and Law Officers;

General Questions

3.00 pm Executive Debate on Scotland’s Beaches - A National Resource

followed by Nomination of Commissioner for Public Appointments in Scotland

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

and (b) that the period for lodging questions for First Minister’s Question Time on 6 May 2004 should end at 2 pm on Friday 30 April 2004; and the period for lodging questions for First Minister’s Question Time on 3 June 2004 should end at 4 pm on Thursday 27 May 2004.

The motion was agreed to.

6. Designation of Lead Committees: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved—

S2M-1210—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court) (Amendment) 2004 (SSI 2004/149).

S2M-1211—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) (Amendment) 2004 (SSI 2004/152).

The motions were agreed to (DT).

7. Approval of SSIs: Patricia Ferguson, on behalf of the Parliamentary Bureau moved—

S2M-1212—That the Parliament agrees that the draft Sexual Offences Act 2003 (Travel Notification Requirements) (Scotland) Regulations 2004 be approved.

S2M-1213—That the Parliament agrees that the draft Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2004 be approved.

The motions were agreed to (DT).

8. Decision Time: The Parliament took decisions on items 4, 6 and 7 as noted above.

9. Chiropody Care: The Parliament debated S2M-1144 in the name of Mary Scanlon —That the Parliament recognises the importance of regular chiropody and foot care in keeping Scotland’s elderly population mobile, pain free and independent; considers that the Scottish Executive should specify who is eligible for NHS chiropody and podiatry care, noting that local access policies differ throughout Scotland and promote variances in the provision of foot care, and further considers that NHS boards should ensure that access to foot health services are maintained in a fair and equitable manner to all patient groups including the elderly and schoolchildren.

The meeting closed at 5.47 pm.

P E Grice

Clerk of the Parliament

28 April 2004

Appendix

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

Subordinate Legislation

Affirmative Instruments

The following instruments were laid in draft before the Parliament on 28 April 2004 for approval by resolution—

The draft Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004

laid under section 62(10) of the Health Act 1999

The draft Budget (Scotland) Act 2004 Amendment Order 2004

laid under section 7(2) of the Budget (Scotland) Act 2004

Negative Instruments

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

The Supervised Attendance Order (Prescribed Courts) (Scotland) Order 2004 (SSI 2004/194)

laid under section 235(5) of the Criminal Procedure (Scotland) Act 1995

Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) (Amendment No. 2) 2004 (SSI 2004/196)

laid under section 40 of the Sheriff Courts (Scotland) Act 1907

The following instrument was laid before the Parliament on 26 April 2004 and is subject to annulment

The European Communities (Services of Lawyers) Amendment (Scotland) Order 2004 (SSI 2004/186)

laid under paragraph 2(2) of schedule 2 to the European Communities Act 1972

Other Documents

The following document was laid before the Parliament on 23 April 2004 and is not subject to any Parliamentary procedure

Scottish Agricultural Science Agency Pesticide Poisoning of Animals 2003: A Report of Investigations in Scotland (SE/2004/87)

The following document was laid before the Parliament on 26 April 2004 and is not subject to any Parliamentary procedure

Summarised Account of the United Kingdom Transplant 2002-03 (SE/2004/71)

laid under section 88 of the Scotland Act 1998

The following documents were laid before the Parliament on 28 April 2004 and are not subject to any Parliamentary procedure

The 2004-05 Summer Budget Revision to the Budget (Scotland) Act 2004 for the year ending 31 March 2005 (SE/2004/83)

Day Surgery in Scotland – reviewing progress: A main report and summary report prepared for the Auditor General for Scotland (AGS/2004/3)

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

Committee Reports

The following Reports were published on 23 April 2004—

Finance Committee, 2nd Report (Session 2): Report on Scottish Water (SP Paper 125)

Communities Committee, 4th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 127)

Subordinate Legislation Committee, 15th Report 2004 (Session 2): Report on the Criminal Procedure (Amendment) (Scotland) Bill

as amended at Stage 2 (SP Paper 144)

Subordinate Legislation Committee, 16th Report 2004 (Session 2): Report on the Nature Conservation (Scotland) Bill

as amended at Stage 2 (SP Paper 145)

The following Report was published on 25 April 2004

Justice 1 Committee, 5th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 147)


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