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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 1, No 71 Session 2

Wednesday 5 May 2004

 
 

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Dr Salah Beltagui of the Muslim Association of Britain led Time for Reflection.

2. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1267—That the Parliament agrees that, during the Stage 3 proceedings of the Nature Conservation (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 20 minutes

Groups 3 to 7 – no later than 35 minutes

Groups 8, 9 and 10 – no later than 1 hour 5 minutes

Groups 11 and 12 – no later than 1 hour 35 minutes

Groups 13 and 14 – 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. Nature Conservation (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 2, 21, 22, 47, 3, 4, 17, 18, 19, 23, 5, 24, 20, 6, 25, 48, 7, 8, 9, 10, 26, 27, 28, 29, 11, 12, 30, 13, 14, 15, 35, 36, 37, 16, 38, 39, 40, 41, 42, 43, 44, 32, 33 and 34.

The following amendment was agreed to (by division)—

1 (For 97, Against 1, Abstentions 16)

The following amendments were disagreed to (by division)—

45 (For 34, Against 78, Abstentions 0)

46 (For 32, Against 78, Abstentions 0)

49 (For 14, Against 101, Abstentions 0)

50 (For 14, Against 100, Abstentions 1)

31 (For 30, Against 87, Abstentions 1)

51 (For 37, Against 78, Abstentions 0)

53 (For 32, Against 81, Abstentions 2)

33A (For 32, Against 84, Abstentions 0)

Other amendments were not moved.

4. Nature Conservation (Scotland) Bill – Stage 3: The Minister for Environment and Rural Development (Ross Finnie) moved S2M-995—That the Parliament agrees that the Nature Conservation (Scotland) Bill be passed.

After debate, the motion was agreed to (DT).

5. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1257—That the Parliament agrees as a revision to the programme of business for Thursday 6 May 2004—

Thursday 6 May 2004

delete,

3.00 pm Executive Debate on Scotland's Beaches – A National Resource

insert,

3.00 pm Ministerial Statement

followed by Executive Debate on Scotland's Beaches – A National Resource

The motion was agreed to.

6. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1258—That the Parliament agrees the following programme of business—

Tuesday 18 May 2004

9.30 am Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Debate on Hearings Review – Getting it Right for Every Child

2.30 pm Continuation of Executive Debate on Hearings Review – Getting it Right for Every Child

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Wednesday 19 May 2004

9.30 am Parliamentary Bureau Motions

followed by Scottish Conservative and Unionist Party Business

2.30 pm Executive Debate on Sustainable Management of Scotland's Marine Environment

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 20 May 2004

9.30 am Parliamentary Bureau Motions

followed by Executive Debate on Skills and Continued Learning

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 Major Events and Festivals in Scotland

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Wednesday 2 June 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Scottish National Party Business

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 3 June 2004

9.30 am Executive 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 Stage 1 Debate on the Tenements (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

The motion was agreed to.

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

S2M-1249—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 No.2) 2004 (SSI 2004/196);

S2M-1250—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the European Communities (Services of Lawyers) Amendment (Scotland) Order 2004 (SSI 2004/186);

S2M-1251—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Supervised Attendance Order (Prescribed Courts) (Scotland) Order 2004 (SSI 2004/194).

The motions were agreed to (DT).

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

9 Space Invaders: The Parliament debated S2M-1235 in the name of Duncan McNeil—That the Parliament notes the difficulties experienced by people within local communities who have secured disabled parking spaces outside their homes; deplores the fact that these spaces can become a focus of conflict within communities where people seek to use such a space, despite not having a disabled parking badge; notes with equal dismay the figures published by the Baywatch campaign group that show that over 20% of disabled parking bays in supermarket car parks are being used by non-disabled drivers; recognises that the current legal position, which distinguishes between courtesy parking spaces and those supported by traffic regulation orders, creates problems for people with disabilities who need to rely on a designated parking space outside their home; appreciates, in the case of car parks on private land such as those belonging to supermarkets, the frustration of disabled drivers where the store management appears reluctant to enforce its own parking policy; acknowledges that, for their part, some store managers are not clear about their powers to compel drivers to move from specially designated bays; notes that this situation leaves supermarkets vulnerable to future legal action under the Disability Discrimination Act 1995 (as amended); therefore believes that the Scottish Executive, local authorities and all relevant agencies should work together to develop an awareness campaign to highlight the rights of disabled people and to emphasise the unacceptability of harassing those who have been allocated disabled parking spaces, and considers that, if a satisfactory solution cannot be found, the possibility of legislating to address the problem and giving local authorities the appropriate enforcement powers should be examined.

The meeting closed at 5.46 pm.

P E Grice

Clerk of the Parliament

5 May 2004

Appendix

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

Subordinate Legislation

Negative Instruments

The following instrument was laid before the Parliament on 5 May 2004 and is subject to annulment

The Feeding Stuffs (Scotland) Amendment Regulations 2004 (SSI 2004/208)

laid under section 84(2) of the Agriculture Act 1970 and paragraph 2 of Schedule 2 to the European Communities Act 1972

Committee Reports

The following Report was published on 30 April 2004

Subordinate Legislation Committee, 17th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 148)


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