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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 2, No 8 Session 2

Wednesday 16th June 2004

 
 

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Rev Alistair H Morrison, Church of Scotland Parish Minister led Time for Reflection.

2. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1478—That the Parliament agrees the following revision to the programme of business for 16 June 2004—

Wednesday 16 June 2004

after,

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

insert,

followed by Ministerial Statement on the Local Government Finance Review

followed by Ministerial Statement on the Transport White Paper – Scotland’s Transport Future

The motion was agreed to.

3. Ministerial Statement: The Minister for Finance and Public Services (Mr Andy Kerr) made a statement and answered questions on the Local Government Finance Review.

4. Ministerial Statement: The Minister for Transport (Nicol Stephen) made a statement and answered questions on The Transport White Paper – Scotland’s Transport Future.

5. Family Matters: Improving Family Law in Scotland: The Minister for Justice (Cathy Jamieson) moved S2M-1464—That the Parliament agrees that family law reform must safeguard the best interests of children; believes that stability in families should be promoted and supported, and therefore supports the reform of family law so that it reflects the reality of families in Scotland today.

Nicola Sturgeon moved amendment S2M-1464.2 to motion S2M-1464—

Insert at end—

"and ensures meaningful protection under the law, particularly in the event of separation or the death of one partner, for couples who have made the legitimate choice to live together without being married."

After debate, the amendment was disagreed to ((DT) by division: For 31, Against 76, Abstentions 3).

Miss Annabel Goldie moved amendment S2M-1464.1 to motion S2M-1464—

Leave out from "and therefore" to end and insert—

"recognises that marriage has proved to be the most stable and viable framework within which to raise children, and therefore calls on the Scottish Executive, in considering any legislation, to ensure that marriage is not undermined by any such legislative changes."

After debate, the amendment was disagreed to ((DT) by division: For 23, Against 87, Abstentions 2).

The motion was then agreed to ((DT) by division: For 96, Against 16, Abstentions 0).

6. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1477—That the Parliament agrees the following programme of business—

 

Wednesday 23 June 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 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 24 June 2004

9.30 am Committee 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 Stage 1 Debate on the School Education (Ministerial Powers and Independent Schools) (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 30 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 1 July 2004

9.30 am Final Stage of Stirling-Alloa-Kincardine Railway and Linked Improvements Bill

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

The motion was agreed to.

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

S2M-1443—That the Parliament agrees to establish a committee of the Parliament as follows:

Name of Committee: The Edinburgh Tram (Line One) Bill Committee;

Remit: To consider and report to the Parliament on the Edinburgh Tram (Line One) Bill;

Duration: Until the Bill has received Royal Assent, falls or is withdrawn;

Convenership: The Convener will be a member of the Labour Party and the Deputy Convener will be a member of the Scottish Conservative and Unionist Party;

Membership: Jackie Baillie (Labour), Dr Sylvia Jackson (Labour), Michael Matheson (SNP), Phil Gallie (Conservative), Mr Jamie Stone (Liberal Democrat).

S2M-1444—That the Parliament agrees to establish a committee of the Parliament as follows:

Name of Committee: The Edinburgh Tram (Line Two) Bill Committee;

Remit: To consider and report to the Parliament on the Edinburgh Tram (Line Two) Bill;

Duration: Until the Bill has received Royal Assent, falls or is withdrawn;

Convenership: The Convener will be a member of the Scottish Conservative and Unionist Party and the Deputy Convener will be a member of the Liberal Democrat Party;

Membership: Marilyn Livingstone (Labour), Kate Maclean (Labour), Stewart Stevenson (SNP), Bill Aitken (Conservative), Jeremy Purvis (Liberal Democrat).

The motions were agreed to (DT).

8. Designation of Lead Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1471—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Victim Statements (Prescribed Offences) (Scotland) Amendment (No.2) Order 2004 (SSI 2004/287).

The motion was agreed to (DT).

9. Rule 2.3.1: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1482—That the Parliament agrees the following dates under Rule 2.3.1: 12 – 20 February 2005 (inclusive), 25 March – 10 April 2005 (inclusive), 2 July – 4 September 2005 (inclusive).

The motion was agreed to (DT).

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

11. International Refugee Week: The Parliament debated S2M-1416 in the name of Mr Kenny MacAskill—That the Parliament notes that 14 to 20 June 2004 is International Refugee Week; welcomes the great social, cultural and economic benefits that refugees have brought to Scotland over the years; recognises that they continue to bring these benefits and in many instances arrive in Scotland as a result of war, and destitution caused thereby; notes that events are taking place worldwide to mark the week, and welcomes the establishment of the Edinburgh Refugee Centre at St George’s West Church in Shandwick Place, Edinburgh, providing humanitarian support, advice and assistance for refugees and asylum seekers.

The meeting closed at 5.59 pm.

P E Grice

Clerk of the Parliament

16 June 2004

Appendix

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

New Bills introduced or reprinted on 9 June 2004

Stirling – Alloa – Kincardine Railway and Linked Improvements Bill—The Bill was reprinted as amended at Consideration Stage. (SP Bill 2A) (Private Bill)

New Bills introduced or reprinted on 11 June 2004

Water Services etc. (Scotland) Bill—A Bill for an Act of the Scottish Parliament to establish the Water Industry Commission for Scotland; to create offences in relation to the unauthorised use of the public water and sewerage systems; to provide for licensing the provision of certain water and sewerage services; to amend the system for fixing charges for services provided by Scottish Water; to make provision as to Scottish Water’s functions; to make provision in relation to coal mine water pollution; and for connected purposes. (SP Bill 23) (Executive Bill)

Introduced by: Ross Finnie

Supported by: Allan Wilson

Explanatory Notes (and other accompanying documents) (SP Bill 23-EN) and a Policy Memorandum (SP Bill 23-PM) were printed to accompany the Bill.

New Bills introduced or reprinted on 15 June 2004

Tenements (Scotland) Bill—The Bill was reprinted as amended at Stage 2. (SP Bill 19A) (Executive Bill)

Subordinate Legislation

Affirmative Instruments

Note: The draft Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 2004 and the draft Small Claims (Scotland) Amendment Order 2004, both laid before the Parliament on 9 June 2004, have been withdrawn

Negative Instruments

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

The National Health Service (Tribunal) (Scotland) Amendment (No. 2) Regulations 2004 (SSI/2004/271)

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

The Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2004 (SSI/2004/272)

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

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

The Education Maintenance Allowances (Scotland) Regulations 2004 (SSI 2004/273)

laid under sections 73(f) and 133 of the Education (Scotland) Act 1980

The Glasgow Metropolitan College (Establishment) Order 2004 (SSI 2004/274)

laid under section 60 of the Further and Higher Education (Scotland) Act 1992

The Waste Management Licensing Amendment (Scotland) Regulations 2004 (SSI 2004/275)

laid under section 161 of the Environmental Protection Act 1990

The Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2004 (SSI 2004/276)

laid under section 9(2) of the Inshore Fishing (Scotland) Act 1984

The TSE (Scotland) Amendment Regulations 2004 (SSI 2004/277)—

The Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Scotland) Regulations 2004 (SSI 2004/278)—

The Pig Carcase (Grading) Amendment (Scotland) Regulations 2004 (SSI 2004/279)—

The Beef Carcase (Classification) (Scotland) Regulations 2004 (SSI 2004/280)—

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

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2004 (SSI 2004/281)—

The Criminal Legal Aid (Scotland) Amendment Regulations 2004 (SSI 2004/282)—

laid under section 37(1) of the Legal Aid (Scotland) Act 1986

The Conservation of Seals (Scotland) Order 2004 (SSI 2004/283)

laid under section 14 of the Conservation of Seals Act 1970

The following instruments were laid before the Parliament on 11 June 2004 and are subject to annulment—

The National Health Service (Borrowing and Loans from Endowments) (Scotland) (No. 2) Regulations 2004 (SSI 2004/284)—

The National Health Service (Transfer of Property between Health Boards) (Scotland) (No. 2) Regulations 2004 (SSI 2004/285)—

laid under section 18(3) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003

The Mental Health Tribunal for Scotland (Appointment of Legal Members) Regulations 2004 (SSI 2004/286)

laid under section 326(3) of the Mental Health (Care and Treatment) (Scotland) Act 2003

The Victim Statements (Prescribed Offences) (Scotland) Amendment (No. 2) Order 2004 (SSI 2004/287)

laid under section 88(1) of the Criminal Justice (Scotland) Act 2003

The Environment Protection (Restriction on Use of Lead Shot) (Scotland) Regulations 2004 (SSI 2004/289)

laid under section 161 of the Environmental Protection Act 1990

The following instruments were laid before the Parliament on 14 June 2004 and are subject to annulment—

The National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004 (SSI 2004/292)

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

The Regulation of Care (Scotland) Act 2001 (Transitional Provisions) Amendment Order 2004 (SSI 2004/293)

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

Other Documents

The following document was laid before the Parliament on 9 June 2004 and is not subject to any Parliamentary procedure

Local economic forums – A follow-up report – a main report and key messages summary report prepared for the Auditor General for Scotland (AGS/2004/5)

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

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

Scottish Local Government Financial Statistics 2002-03 (SE/2004/70)

The following document was laid before the Parliament on 15 June 2004 and is not subject to any Parliamentary procedure

Statistical Bulletin: Recorded Crime in Scotland, 2003 (SE/2004/110)

laid under section 47(2) of the Police (Scotland) Act 1967 as amended by section 62 of the Police and Magistrates’ Courts Act 1994

The following document was laid before the Parliament on 16 June 2004 and is not subject to any Parliamentary procedure

Scottish Enterprise – Account management services to high-growth businesses – a main report prepared for the Auditor General for Scotland (AGS/2004/6)

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

Committee Reports

The following Reports were published on 10 June 2004—

 

Standards Committee, 3rd Report 2004 (Session 2): Changes to Section 10 of the Code of Conduct for Members of the Scottish Parliament (SP Paper 171)

Procedures Committee, 5th Report, 2004 (Session 2): Two Minor Changes to Standing Orders (SP Paper 174).

Justice 2 Committee, 6th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 175)

The following Reports were published on 11 June 2004—

 

Standards Committee, 4th Report 2004 (Session 2): Report on Research Commissioned in Session 1 on behalf of the Standards Committee of the Scottish Parliament into aspects of the Cross-Party Group System (SP Paper 172)

Communities Committee, 8th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 176)

The following Report was published on 14 June 2004

Subordinate Legislation Committee, 25th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 178)

The following Reports were published on 15 June 2004—

Subordinate Legislation Committee 26th Report 2004 (Session 2): Delegated Powers Scrutiny: Antisocial Behaviour etc. (Scotland) Bill as amended at Stage 2 (SP Paper 179)

Education Committee, 7th Report 2004: Stage 1 Report on School Education (Ministerial Powers and Independent Schools) (Scotland) Bill (SP Paper 177)

 


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