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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 2, No 5 (Session 2)

Wednesday 2 June 2004

 
 

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

The meeting opened at 2.30 pm.

1. Time for Reflection: His Holiness The Dalai Lama led Time for Reflection.

2. The International Situation: Mr John Swinney moved S2M-1374—That the Parliament reaffirms its support for the United Nations and its belief in the primacy of international law; believes that the war in Iraq was both illegal and based on a deception as evidenced by the failure to find weapons of mass destruction; believes that as a consequence the world is now a more dangerous place; notes that the unstable security situation and the current rules of engagement within Iraq have led to the coalition forces being seen as an army of occupation, and believes, therefore, that to promote future stability in Iraq any foreign troops on Iraqi soil should be brought under UN command and that current coalition forces should be replaced, on a phased basis, by those drawn from non-Western, preferably Muslim, countries pending the restoration of full sovereignty and the consent of the Iraqi people.

Mr Andy Kerr moved amendment S2M-1374.5 to motion S2M-1374—

Leave out from "reaffirms" to end and insert—

"notes that discussions are taking place on a draft resolution on Iraq in the UN Security Council; recognises the importance of international support, particularly that of countries in the region, Iraq's neighbours, and regional organisations, for the people of Iraq in their efforts to achieve security; welcomes the ongoing efforts of the Special Advisor to the Secretary-General of the United Nations to assist the people of Iraq in achieving the formation of a sovereign interim government of Iraq and the end of the occupation by 30 June 2004; affirms the importance of the principles of the rule of law, including respect for human rights and fundamental freedoms, and of democracy, including free and fair elections no later than 31 January 2005; notes the report provided to the Security Council on 16 April 2004 under resolution 1511 (2003) on the efforts and progress made by the multinational force authorised under that resolution; welcomes the willingness of the multinational force to continue efforts to contribute to the maintenance of security and stability in Iraq in support of the political transition, especially for upcoming elections, and to provide security for the United Nations presence in Iraq; recognises the importance of the consent of the sovereign government of Iraq for the presence of the multinational force after 30 June and of close co-ordination between the multinational force and that government, and acknowledges that the United Nations should play a leading role in assisting the Iraqi people in particular in the formation of institutions for representative government."

After debate, the amendment was disagreed to ((DT) by division: For 42, Against 74, Abstentions 3).

Phil Gallie moved amendment S2M-1374.2 to motion S2M-1374—

Leave out from the first "and" to end and insert—

"; recognises the importance of maintaining an influential Scottish voice in the UN Security Council through the permanent position allocated to the United Kingdom; notes the serious security situation in Iraq and pays tribute to the courageous, professional and effective manner in which British armed forces are responding to it; condemns malicious attempts in certain quarters to damage the reputation of our armed forces in Iraq by false accusations; supports future requests from British commanders on the ground for further equipment or manpower to enable them to fulfil their task; looks forward to a genuine transfer of power to a representative Iraqi Interim Government on 30 June 2004 to which, as the civil power, the United Kingdom can continue to give aid as required, and reaffirms the goal of helping to create a stable, democratic and prosperous Iraq which can become a beneficial influence within the region as a whole."

After debate, the amendment was disagreed to ((DT) by division: For 18, Against 101, Abstentions 2).

Mr Jim Wallace moved amendment S2M-1374.4 to motion S2M-1374—

Leave out from "reaffirms" to end and insert—

"notes the motion passed by the Parliament on 13 March 2003; reaffirms its support for the United Nations and its belief in the primacy of international law; regrets that Her Majesty's Government saw fit to take this country into the Iraq War without United Nations sanction or credible evidence of a significant threat to the safety of the United Kingdom or of the world community; believes that as a consequence the world is now a more dangerous place; notes with concern the deteriorating security situation in Iraq and the Middle East; believes that progress in Iraq is only possible if the role of the United Nations is expanded and enhanced and the transfer of sovereignty to the Iraqis on 30 June 2004 is real and visible; recalls that when the House of Commons endorsed military action against Saddam Hussein it did so on an understanding that progress on the road map for a peace settlement between Israel and the Palestinians would be a priority for Her Majesty's Government; expresses its disappointment that recent events have made the achievement of a negotiated two-state solution more difficult and less likely; recognises the bravery and professionalism of British armed forces serving in Iraq in difficult and dangerous circumstances; calls upon Her Majesty's Government not to commit any further troops unless requested by United Kingdom commanders in Iraq for the purposes of securing the safety of British forces and the fulfilling of Britain's international obligations towards the people of Iraq and to the United Nations, and further declares that any such troops should remain under United Kingdom operational command and within the area currently under United Kingdom control."

After debate, the amendment was disagreed to ((DT) by division: For 17, Against 98, Abstentions 5).

Tommy Sheridan moved amendment S2M-1374.3 to motion S2M-1374—

Leave out from "reaffirms" to end and insert—

"believes that all British troops should be withdrawn from Iraq immediately; considers that the decision to invade Iraq was based on lies, deceit and distortion and that President George W Bush and Tony Blair are guilty of wilful deception in relation to weapons of mass destruction, Iraqi links to the September 11 atrocity and Iraq posing an imminent "45-minute" threat to British interests; further considers that the invasion of Iraq was illegal under international law and the continued presence of coalition troops represents an illegal occupation; believes that the billions of pounds committed to waging war in Iraq should be diverted to agencies like the Red Cross, Red Crescent, Médicins Sans Frontières and others to assist in the rebuilding of Iraq's infrastructure with the consent of the Iraqi people and that peace across the Middle East will be only secured on the basis of a free and viable Palestine requiring the withdrawal of Israel from Palestinian territory; further believes that Scotland's name should be synonymous with peaceful resolution of the world's problems and conflicts, and extends the hand of peace and friendship internationally."

After debate, the amendment was disagreed to ((DT) by division: For 8, Against 101, Abstentions 12).

The motion was then disagreed to ((DT) by division: For 38, Against 62, Abstentions 21).

3. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1358—That the Parliament agrees the following programme of business—

Wednesday 9 June 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Business

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Wednesday 16 June 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Business

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 17 June 2004

9.30 am Parliamentary Bureau Motions

followed by Stage 3 of the Antisocial Behaviour etc. (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 Continuation of Stage 3 of the Antisocial Behaviour etc. (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

The motion was agreed to.

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

S2M-1379—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2004.

S2M-1380—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Crofting Community Body Form of Application for Consent to Buy Croft Land etc. and Notice of Minister's Decision (Scotland) Regulations 2004 (SSI 2004/224).

S2M-1381—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Crofting Community Right to Buy (Grant Towards Compensation Liability) (Scotland) Regulations 2004 (SSI 2004/225).

S2M-1382—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Crofting Community Right to Buy (Compensation) (Scotland) Order 2004 (SSI 2004/226).

S2M-1383—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Crofting Community Right to Buy (Ballot) (Scotland) Regulations 2004 (SSI 2004/227).

S2M-1384—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Community Right to Buy (Ballot) (Scotland) Regulations 2004 (SSI 2004/228).

S2M-1385—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Community Right to Buy (Compensation) (Scotland) Regulations 2004 (SSI 2004/229).

S2M-1386—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Community Right to Buy (Register of Community Interests in Land Charges) (Scotland) Regulations 2004 (SSI 2004/230).

S2M-1387—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Community Right to Buy (Specification of Plans) (Scotland) Regulations 2004 (SSI 2004/231).

S2M-1388—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Community Right to Buy (Forms) (Scotland) Regulations 2004 (SSI 2004/233).

S2M-1389—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2004.

The motions were agreed to (DT).

5. Decision Time: The Parliament took decisions on items 2 and 4 as noted above.

6. Affordable Housing in North-East Fife: The Parliament debated S2M-1329 in the name of Iain Smith—That the Parliament notes with concern the shortage of affordable housing for rent or sale in many communities in north-east Fife; recognises that this is due to many factors including the decline in the amount of public sector rented accommodation, the popularity of many communities as retirement and holiday locations and, in the case of St Andrews, the accommodation needs of the growing student population; expresses its concern about the difficulties faced by many people in trying to obtain affordable accommodation in their own communities and the pressures on rural services such as schools, and considers that Fife Council, Communities Scotland and the Scottish Executive should develop an effective housing plan for north-east Fife that addresses these concerns to ensure viable, vibrant and sustainable communities throughout north-east Fife.

The meeting closed at 6.03 pm.

P E Grice

Clerk of the Parliament

2 June 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 20 May 2004 for approval by resolution

The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2004

laid under section 115 of, and paragraphs 1 and 2 of Schedule 7 to, the Scotland Act 1998

The following instrument was laid before the Parliament on 24 May 2004 for approval by resolution

The Farm Business Development (Scotland) Amendment Scheme 2004 (SSI 2004/236)

laid under section 29(2)(d) of the Agriculture Act 1970

The following instrument was laid before the Parliament on 25 May 2004 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.3) (Scotland) Order 2004 (SSI/2004/237)

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

The following instrument was laid in draft before the Parliament on 25 May 2004 for approval by resolution

The Town and Country Planning (Electronic Communications) (Scotland) Order 2004

laid under sections 5(2), 9(4) and 9(7) of the Electronic Communications Act 2000

Negative Instruments

The following instruments were laid before the Parliament on 21 May 2004 and are subject to annulment—

The Crofting Community Body Form of Application for Consent to Buy Croft Land etc. and Notice of Ministers' Decision (Scotland) Regulations 2004 (SSI/2004/224)—

The Crofting Community Right to Buy (Grant Towards Compensaiton Liability) (Scotland) Regulations 2004 (SSI/2004/225)—

The Crofting Community Right to Buy (Compensation) (Scotland) Order 2004 (SSI/2004/226)—

The Crofting Community Right to Buy (Ballot) (Scotland) Regulations 2004 (SSI/2004/227)—

The Community Right to Buy (Ballot) (Scotland) Regulations 2004 (SSI/2004/228)—

The Community Right to Buy (Compensation) (Scotland) Regulations 2004 (SSI/2004/229)—

The Community Right to Buy (Register of Community Interests in Land Charges) (Scotland) Regulations 2004 (SSI/2004/230)—

The Community Right to Buy (Specification of Plans) (Scotland) Regulations 2004 (SSI/2004/231)—

The Community Right to Buy (Forms) (Scotland) Regulations 2004 (SSI/2004/233)—

laid under section 98(4) of the Land Reform (Scotland) Act 2003

The following instruments were laid before the Parliament on 25 May 2004 and are subject to annulment—

The St Mary's Music School (Aided Places) (Scotland) Amendment Regulations 2004 (SSI/2004/238)—

The Education (Assisted Places) (Scotland) Amendment Regulations 2004 (SSI/2004/239)—

laid under section 133 of the Education (Scotland) Act 1980

The following instruments were laid before the Parliament on 26 May 2004 and are subject to annulment—

The Kava-kava in Food (Scotland) Amendment Regulations 2004 (SSI/2004/244)

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

The Horticultural Produce (Community Grading Rules) (Scotland) Revocation Regulations 2004 (SSI/2004/245)

laid under section 23(2) of the Agriculture and Horticulture Act 1964 and paragraph 2 of Schedule 2 to the European Communities Act 1972

The following instrument was laid before the Parliament on 27 May 2004 and is subject to annulment

The Victim Statements (Prescribed Offences) (Scotland) Amendment Order 2004 (SSI 2004/246)

laid under section 88(1) of the Criminal Justice (Scotland) Act

The following instruments were laid before the Parliament on 1 June 2004 and are subject to annulment—

The Plant Health (Export Certification) (Scotland) Order 2004 (SSI/2004/248)

laid under section 6(1) of the Plant Health Act 1967

The Plant Health Fees (Scotland) Amendment Regulations 2004 (SSI/2004/249)

laid under section 2(2), Schedule 2 of the European Communities Act 1972

The Seed Potatoes (Fees) (Scotland) Regulations 2004 (SSI/2004/25)

laid under section 16(1) and (6) of the Plant Varieties and Seeds Act 1964

The following instruments were laid before the Parliament on 2 June 2004 and are subject to annulment—

The Potatoes Originating in Poland (Notification) (Scotland) Order 2004 (SSI 2004/255)

laid under section 6(1) of the Plant Health Act 1967

The Education (Student Loans) Amendment (Scotland) Regulation 2004 (SSI 2004/256)

laid under section 1(2)(b) and (7) of and paragraph 1(1) of Schedule 2 to the Education (Student Loans) Act 1990

Other Documents

The following document was laid before the Parliament on 27 May 2004 and is not subject to any Parliamentary procedure

Second Report to the Scottish Parliament on Progress on Implementation of the Freedom of Information (Scotland) Act 2002 (SE 2004/94)

laid under section 75(3) of the Freedom of Information (Scotland) Act 2002

The following document was laid before the Parliament on 1 June 2004 and is subject to approval by resolution

Scottish Outdoor Access Code: Proposed Code (SE/2004/101)

laid under section 10 of the Land Reform (Scotland) Act 2003

The following document was laid before the Parliament on 1 June 2004 and is not subject to any Parliamentary procedure

The Parole Board for Scotland Annual Report 2003 (SE/2004/90)

Committee Reports

The following Reports were published on 20 May 2004—

Enterprise and Culture Committee, 4th Report 2004 (Session 2): Report on Inquiry into Broadband in Scotland (SP Paper 158)

Subordinate Legislation Committee, 22nd Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 161)

The following Reports were published on 27 May 2004—

Stirling-Alloa-Kincardine Railway and Linked Improvements Bill Committee, 1st Report 2004 (Session 2): Consideration Stage Report on the Stirling-Alloa-Kincardine Railway and Linked Improvements Bill (SP Paper 162)

Justice 2 Committee, 4th Report 2004: Constitutional Reform Bill (SP Paper 163)

Justice 2 Committee, 5th Report 2004: Tenements (Scotland) Bill (SP Paper 164)

Subordinate Legislation Committee, 23rd Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 165)

The following Report was published on 1 June 2004

Justice 1 Committee, 7th Report 2004 (Session 2): Civil Partnership Bill – UK Legislation (SP Paper 166)


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