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MINUTES OF PROCEEDINGS

Meeting of the Parliament

Vol 2, No 14 (Session 2)

Tuesday 7 September 2004

 
 

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

The meeting opened at 9.30 am.

1. Time for Reflection: Rev Charles Robertson, Minister of Canongate Kirk, Edinburgh led Time for Reflection.

2. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1649—That the Parliament agrees the following programme of business—

Tuesday 7 September 2004

9.30 am Time for Reflection - Rev Charles Robertson, Minister of Canongate Kirk, Edinburgh

followed by Parliamentary Bureau Motions

followed by First Minister’s Statement on the Programme of the Scottish Executive

followed by Debate on the Programme of the Scottish Executive

2.30 pm Continuation of the Debate on the Programme of the Scottish Executive

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business - Debate on the subject of S2M-1578 Mr Duncan McNeil: International Suicide Prevention Week

Wednesday 8 September 2004

9.30 am Parliamentary Bureau Motions

followed by Continuation of the Debate on the Programme of the Scottish Executive

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 the Debate on the Programme of the Scottish Executive

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business - Debate on the subject of S2M-1593 Brian Adam: North East of Scotland Sports Facilities

Wednesday 15 September 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Debate on Finance Committee’s 6th Report 2004 – Relocation of Public Sector Jobs

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business - Debate on the subject of S2M-1579 Bill Butler: Citizens Advice Week

Thursday 16 September 2004

9.30 am Parliamentary Bureau Motions

followed by Executive Debate on Growing Scotland’s Economy – Building on Progress

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 Parliamentary Bureau Motions

followed by Stage 3 of the Tenements (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business - Debate on the subject of S2M-1306 Trish Godman: Children of Drug Abusers

Wednesday 22 September 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 23 September 2004

9.30 am Parliamentary Bureau Motions

followed by Executive Business

12 noon First Minister’s Question Time

2.30 pm Question Time—

Environment and Rural Development;

Health and Community Care;

General Questions

3.00 pm Stage 1 Debate on the Breastfeeding etc. (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

3. Ministerial Statement: The First Minister (Mr Jack McConnell) made a statement and answered questions on the Programme of the Scottish Executive.

4. Programme of the Scottish Executive: The Parliament debated the ministerial statement by the First Minister on the Programme of the Scottish Executive.

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

S2M-1631—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the European Communities (Lawyer’s Practice) (Scotland) Amendment Regulations 2004 (SSI 2004/302).

S2M-1632—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Register of Sasines (Application Procedure) Rules 2004 (SSI 2004/318).

The motions were agreed to (DT).

6. Committee Memberships: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved—

S2M-1642—That the Parliament agrees that Mr John Home Robertson be appointed to replace Elaine Smith on the Communities Committee.

S2M-1644—That the Parliament agrees that Rosie Kane be appointed to replace Carolyn Leckie on the Public Petitions Committee.

The motions were agreed to (DT).

7. Decision Time: The Parliament took decisions on items 5 and 6 as noted above.

8. International Suicide Prevention Week: The Parliament debated S2M-1578 in the name of Mr Duncan McNeil—That the Parliament acknowledges the importance of International Suicide Prevention Week from 5 to 11 September 2004 for raising awareness of this cause of death; recognises that more people die as a result of suicide than from traffic accidents; commends the work being done by Choose life, Scotland’s strategy aimed at reducing suicides by 20% over the next 10 years; welcomes the introduction to Scotland of Applied Suicide Intervention Skills Training, helping develop more effective approaches to both identifying and assisting those most at risk of suicide, and looks forward to this suicide-reduction work continuing at a national and local level.

The meeting was suspended from 5.04 pm to 5.13 pm and again from 5.22 pm to 5.26 pm.

The meeting closed at 5.26 pm.

P E Grice

Clerk of the Parliament

7 September 2004

Appendix

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

Subordinate Legislation

Affirmative Instruments

The following instrument was laid before the Parliament on 6 July 2004 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 4) (Scotland) Order 2004 (SSI 2004/319)

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

The following instruments were laid before the Parliament on 12 July 2004 for approval by resolution—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No. 2) (Scotland) Order 2004 (SSI 2004/322)—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 5) (Scotland) Order 2004 (SSI 2004/323)—

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

The following instrument was laid before the Parliament on 20 July 2004 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 6) (Scotland) Order 2004 (SSI 2004/330)

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

The following instrument was laid before the Parliament on 30 July 2004 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Irish Sea) (Scotland) Order 2004 (SSI 2004/340)

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

The following instrument was laid before the Parliament on 5 August 2004 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 7) (Scotland) Order 2004 (SSI 2004/341)

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

The following instrument was laid before the Parliament on 17 August 2004 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 8) (Scotland) Order 2004 (SSI 2004/344)

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

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

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No. 3) (Scotland) Order 2004 (SSI 2004/352)

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

The following instrument was laid before the Parliament on 31 August 2004 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 9) (Scotland) Order 2004 (SSI 2004/359)

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

The following instrument was laid in draft before the Parliament on 6 September 2004 for approval by resolution

The Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004

laid under section 72(2)(b) of the Freedom of Information (Scotland) Act 2002

The following instrument was laid before the Parliament on 7 September 2004 for approval by resolution

The Fishing Vessels (Satellite-tracking Devices) (Scotland) Scheme 2004 (SSI 2004/379)

laid under section 15(3) of the Fisheries Act 1981

Negative Instruments

The following instrument was laid before the Parliament on 2 July 2004 and is subject to annulment

The Oil and Fibre Plant Seed (Scotland) Regulations 2004 (SSI 2004/317)

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

The following instrument was laid before the Parliament on 6 July 2004 and is subject to annulment

The Register of Sasines (Application Procedure) Rules 2004 (SSI 2004/318)

laid under section 74(1) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000

The following instrument was laid before the Parliament on 19 August 2004 and is subject to annulment

The Housing (Scotland) Act 2001 (Payments out of Grants for Housing Support Services) Amendment (No. 2) Order 2004 (SSI 2004/348)

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

The following instruments were laid before the Parliament on 27 August 2004 and are subject to annulment—

The Sports Grounds and Sporting Events (Designation) (Scotland) Order 2004 (SSI 2004/356)

laid under section 18 of the Criminal Law (Consolidation) (Scotland) Act 1995

The Environmental Protection (Restriction on Use of Lead Shot) (Scotland) (No. 2) Regulations 2004 (SSI 2004/358)

laid under section 161 of the Environmental Protection Act 1990

The following instrument was laid before the Parliament on 31 August 2004 and is subject to annulment

The International Criminal Court (Enforcement of Fines, Forteiture and Reparation Orders) (Scotland) Regulations 2004 (SSI 2004/360)

laid under section 26 (10) of the International Criminal Court (Scotland) Act 2001

The following instrument was laid before the Parliament on 2 September 2004 and is subject to annulment

The Plant Protection Products (Scotland) Amendment Regulations 2004 (SSI 2004/368)

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

Act 1972

The following instruments were laid before the Parliament on 3 September 2004 and are subject to annulment—

The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2004 (SSI 2004/369)

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

The Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Amendment Regulations 2004 (SSI 2004/370)

laid under section 138(3) of the Sexual Offences Act 2003

The following instruments were laid before the Parliament on 6 September 2004 and are subject to annulment—

The General Medical Services and Section 17C Agreements (Transitional and Other Ancillary Provisions) (Scotland) Amendment Order 2004 (SSI 2004/372)

laid under section 7(4) of the Primary Medical Services (Scotland) Act 2004

The Mental Health Tribunal for Scotland (Delegation of the President’s Functions) Regulations 2004 (SSI 2004/373)

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

The Mental Health Tribunal for Scotland (Appointment of Medical Members) Regulations 2004 (SSI 2004/374)

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

The Mental Health Tribunal for Scotland (Appointment of General Members) Regulations 2004 (SSI 2004/375)

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

The Freedom of Information (Fees for Disclosure under Section 13) (Scotland) Regulations 2004 (SSI 2004/376)

laid under section 72(2) of the Freedom of Information (Scotland) Act 2002

The following instrument was laid before the Parliament on 7 September 2004 and is subject to annulment

The Regulation of Care (Scotland) Act 2001 (Commencement No. 5 and Transitional Provisions) Amendment Order 2004 (SSI 2004/377)

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

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 17 August 2004 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 4) (Scotland) Order 2004 Revocation Order 2004 (SSI 2004/345)

laid under section 1(10) of the Food and Environment Protection Act 1985

The following instrument was laid before the Parliament on 20 August 2004 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (Scotland) Revocation Order 2004 (SSI 2004/349)

laid under section 1(10) of the Food and Environment Protection Act 1985

Other Documents

The following document was laid before the Parliament on 2 July 2004 and is not subject to any Parliamentary procedure

Health and Community Care Review of the Implementation of Part 5 of the Adults with Incapacity (Scotland) Act 2000: A Qualitative Study of Implementation and Early Operation (SE/2004/130)

The following document was laid before the Parliament on 6 July 2004 and is not subject to any Parliamentary procedure

Scottish Legal Services Ombudsman Annual Report 2003-2004 (SE/2004/102)

laid under paragraph 10 of schedule 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

The following document was laid before the Parliament on 7 July 2004 and is not subject to any Parliamentary procedure

Commissioning community care services for older people – A main report and key findings summary prepared for the Auditor General for Scotland and the Accounts Commission (AGS/2004/8)

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

The following document was laid before the Parliament on 8 July 2004 and is not subject to any Parliamentary procedure

Census 2001 Definitions (SE/2004/106)

laid under section 4(1) of the Census Act 1920

The following document was laid before the Parliament on 14 July 2004 and is not subject to any Parliamentary procedure

Report of the Gaming Board for Great Britain 2003-04 (SE/2004/127)

laid under section 50 of the Gaming Act 1968

The following documents were laid before the Parliament on 19 July 2004 and are not subject to any Parliamentary procedure—

National Lottery Commission Annual Report and Accounts 2003-04 (SE/2004/114)

laid under Schedule 2A, section 11(4) of the National Lottery etc. Act 1993 and section 88 of the Scotland Act 1998

British Library Annual Report and Accounts 2003-04 (SE/2004/115)

laid under section 5(3) of the British Library Act 1972 and section 88 of the Scotland Act 1998

Annual Review of Controls on Imports of Animal Products: April 2003 – March 2004 (SE/2004/138)

The following documents were laid before the Parliament on 20 July 2004 and are not subject to any Parliamentary procedure—

Council on Tribunals Annual Report 2003-04 (SE/2004/107)

laid under section 4(7) of the Tribunals and Inquiries Act 1992 and section 88(3) of the Scotland Act 1998

Meat Hygiene Service Annual Report and Accounts 2003-04 (SE/2004/121)

laid under section 7 of the Government Resources and Accounts Act 2000

VisitBritain Account 2003-04 (SE/2004/139)

laid under section 6(1) of the Development of Tourism Act 1969 and section 88 of the Scotland Act 1998

MLC Annual Report 2004 (SE/2004/140)

laid under section 19(2) of the Agriculture Act 1967

The following documents were laid before the Parliament on 21 July 2004 and are not subject to any Parliamentary procedure—

UK Transplant Annual Account for the year 1 April 2003 to 31 March 2004 (SE/2004/136)

laid under section 98(1C) of the National Health Service Act 1977 and section 88 of the Scotland Act 1998

National Radiological Protection Board Account 2003-2004 (SE/2004/142)

laid under section 3(4) of the Radiological Protection Act 1970

The following documents were laid before the Parliament on 22 July 2004 and are not subject to any Parliamentary procedure—

National Heritage Memorial Fund Annual Report and Accounts 2003-04 (SE/2004/117)

laid under sections 7(1) and (2) of the National Heritage Act 1980

Heritage Lottery Fund: National Heritage Memorial Fund Lottery Distribution Accounts for the year ended 31 March 2004 (SE/2004/118)

laid under sections 34(3) and 35(2) of the National Lottery etc. Act 1993

Report of the Interception of Communications Commissioner for 2003 (SE/2004/133)

laid under section 58(6) of the Regulation of Investigatory Powers Act 2000

Council for the Regulation of Health Care Professionals Account 2002-03 (SE/2004/143)—

Council for the Regulation of Health Care Professionals Account 2003-04 (SE/2004/144)—

laid under schedule 7, section 15(5) of the National Health Service Reform and Health Care Professions Act 2002 and section 88 of the Scotland Act 1998

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

Food from Britain Annual Report and Accounts 2003-04 (SE/2004/145)

laid under section 5(7) of the Agricultural Marketing Act 1983

The following document was laid before the Parliament on 29 July 2004 and is not subject to any Parliamentary procedure

Scottish Public Services Ombudsman – Report of an Investigation into a Complaint Against Perth and Kinross Council (SPSO/2004/07)

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

The following document was laid before the Parliament on 30 July 2004 and is not subject to any Parliamentary procedure

Scotland’s Population 2003: The Registrar General’s Annual Review of Demographic Trends (SE/2004/123)

laid under section 1(4) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965

The following document was laid before the Parliament on 4 August 2004 and is not subject to any Parliamentary procedure

An overview of the performance of the NHS in Scotland – A main report prepared for the Auditor General for Scotland (AGS/2004/4)

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

The following documents were laid before the Parliament on 6 August 2004 and are not subject to any Parliamentary procedure—

Highlands and Islands Airports Limited – Annual Report and Accounts 2003-2004 (SE/2004/137)

laid under section 34 of the Civil Aviation Act 1982

British Waterways Annual Report and Accounts 2003-04 (SE/2004/146)

laid under section 24(3) of the Transport Act 1962

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

Scottish Law Commission Report on Damages for Psychiatric Injury (SE/2004/129)

laid under section 3(1)(e) of the Law Commissions Act 1965

The following document was laid before the Parliament on 12 August 2004 and is not subject to any Parliamentary procedure

Scottish Public Services Ombudsman: Report of an Investigation into a Complaint against West Dunbartonshire Council (SPSO/2004/06)

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

The following document was laid before the Parliament on 17 August 2004 and is not subject to any Parliamentary procedure

The Royal Botanic Garden, Edinburgh Annual Report and Accounts 2003-2004 (SE/2004/151)

laid under section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

The following document was laid before the Parliament on 19 August 2004 and is not subject to any Parliamentary procedure

Scottish Water Annual Report and Accounts 2003-04 (SE/2004/153)

laid under section 57(8) of the Water Industry (Scotland) Act 2002

The following document was laid before the Parliament on 20 August 2004 and is not subject to any Parliamentary procedure

Scottish Advisory Committee on Distinction Awards Annual Report 2003 (SE/2004/154)

The following documents were laid before the Parliament on 25 August 2004 and are not subject to any Parliamentary procedure

Statistical Bulletin: Prison Statistics Scotland, 2003 (SE/2004/156)

laid under section 5(1) of the Prisons (Scotland) Act 1989

Adapting to the future. Management of community equipment and adaptations – a baseline report: A main report and key messages summary report prepared for the Auditor General for Scotland and the Accounts Commission (AGS/2004/9)

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

The following documents were laid before the Parliament on 30 August 2004 and are not subject to any Parliamentary procedure—

Scottish Fisheries Protection Agency Annual Report and Accounts 2003-2004 (SE/2004/88)

laid under section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

Fisheries Research Services Report and Accounts 2003-2004 (SE/2004/132)

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 Fife Acute Hospitals NHS Trust (which has since been dissolved and its liabilities transferred to Fife Health Board (SPSO/2004/08)

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

The following documents were laid before the Parliament on 1 September 2004 and are not subject to any Parliamentary procedure—

The Framework for Economic Development in Scotland 2004 (SE/2004/112)

The Proceeds of Crime Act 2002 (Part 5, Chapter 3) – Report of the Appointed Person for Scotland 2003-2004 (SE/2004/113)

laid under section 291 of the Proceeds of Crime Act 2002

VisitScotland Report and Accounts 2003-04 (SE/2004/152)

laid under section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

The following document was laid before the Parliament on 6 September 2004 and is subject to annulment—

The Aberdeen City Council (Bobby Calder Park) Compulsory Purchase Order (No. 3) 2001 (SE/2004/159)

laid under article 2(1) of the Scotland Act 1998 (Transitory and Transitional Provisions) (Orders Subject to Special Parliamentary Procedure) Order 1999

The following documents were laid before the Parliament on 6 September 2004 and are not subject to any Parliamentary procedure—

Scottish Ministers’ Code of Practice on the Discharge of Functions by Public Authorities under the Freedom of Information (Scotland) Act 2002 (SE/2004/204)

laid under section 60(5) of the Freedom of Information (Scotland) Act 2002

Scottish Public Services Ombudsman – Report of an Investigation into a Complaint against Grampian University Hospitals NHS Trust (SPSO/2004/09)

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

Scottish Public Services Ombudsman – Report of an Investigation into a Complaint against The City of Edinburgh Council (SPSO/2004/10)

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

The following document was laid before the Parliament on 7 September 2004 and is not subject to any Parliamentary procedure

The Scottish Law Commission Report on Registration of Rights in Security by Companies (SE/2004/141)

laid under section 3(1)(e) of the Law Commissions Act 1965

Committee Reports

The following Reports were published on 2 July 2004—

Enterprise and Culture Committee, 7th Report 2004 (Session 2): Interim Report on the Area Tourist Board Review (SP Paper 195)

Audit Committee, 8th Report 2004 (Session 2): Overview of the National Health Service in Scotland 2002-03 (SP Paper 197)

Environment and Rural Development Committee, 9th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 199)

Justice 1 Committee, 9th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 200)

The following Report was published on 6 July 2004

Health Committee, 13th Report 2004 (Session2): Report on Subordinate Legislation (SP Paper 202)

The following Report was published on 8 July 2004

Education Committee, 8th Report 2004 (Session 2): Report on the Scottish Executive's Implementation of Recommendations of the "It's Everyone's Job To Make Sure I'm Alright" Report (SP Paper 201)

The following Consultation Paper was published on 12 July 2004

Standards Committee, Consultation Paper on Replacing the Members’ Interests Order, 2004 (Session 2): Members’ Interests Order (SP Paper 203)

The following Report was published on 20 July 2004

Health Committee, 14th Report 2004 (Session2): Stage 1 Report on the Breastfeeding etc. (Scotland) Bill (SP Paper 204)


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