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Business Bulletin 1999-2011

Minutes of Proceedings 1999-2011

Journal of Parliamentary Proceedings Sessions 1 & 2

Committees Sessions 1, 2 & 3

Annual reports

Vol. 2, No. 18 Session 2

Meeting of the Parliament

Wednesday 22 September 2004

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Rev Dr Alison Jack, Church of Scotland Minister from Dunblane led Time for Reflection.

2. Holyrood Inquiry Report: Robert Brown moved S2M-1727—That the Parliament thanks the Rt Hon Lord Fraser of Carmyllie QC for his report of the Holyrood Inquiry and invites the Scottish Parliamentary Corporate Body and the Scottish Executive to consider the contents of the report.

Fergus Ewing moved amendment S2M-1727.3 to motion S2M-1727—

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

"; agrees with the key findings of the report that the choice of site for the Parliament, the setting of the timetable for construction, the fixing of the budget of £50 million for construction, the selection of construction management for its procurement, the choice of architect and the appointment of the construction manager were decided by the Scottish Office before the Parliament was elected in May 1999 and that it is the consequences of those decisions that have caused the massive increase in costs and delay; further agrees with the finding that the Parliament was misled in June 1999 with regard to the costs of the project and that there is no greater democratic misdemeanour than misleading the Parliament and deplores the fact that there has been no ministerial accountability; regrets that the First Minister was not required to give oral evidence to Lord Fraser about his role as Minister for Finance in 1999; further regrets that the inquiry was set up without the necessary legal powers to require the appearance of witnesses and the production of documents and other material and agrees with the condemnation by Lord Fraser of the BBC’s management for its refusal to co-operate with the Inquiry; calls upon the Scottish Executive to seek the powers that are presently reserved to Her Majesty’s Government to make Executive civil servants fully accountable to Executive ministers and believes that, without such powers, essential reform of the Civil Service cannot take place; considers that the freedom of information legislation should be amended as soon as practicable to ensure that there is a presumption in favour of disclosure of information in relation to the use of public money in public sector contracts and that civil servants’ advice to ministers is not protected by the 30-year rule, and calls upon the Scottish Parliamentary Corporate Body to take every possible step to ensure the recovery of any costs incurred as a result of negligence or breach of contract and to provide a proper means by which parliamentary scrutiny can be brought to bear upon its performance of its duties in taking these steps."

After debate, the amendment was disagreed to ((DT) by division: For 24, Against 86, Abstentions 2).

David McLetchie moved amendment S2M-1727.1 to motion S2M-1727—

Insert at end—

"and, in so doing, welcomes its findings and recommendations but regrets that, in its conclusions, it fails to place due emphasis on the principle of ministerial responsibility and accountability."

After debate, the amendment was disagreed to ((DT) by division: For 42, Against 68, Abstentions 2).

Margo MacDonald moved amendment S2M-1727.2 to motion S2M-1727—

Leave out from "invites" to end and insert—

"calls on the political parties and groups represented on the Parliamentary Bureau to nominate one person from each of their respective political parties or groups, other than those members who served on the Scottish Parliamentary Corporate Body or were members of the Scottish Executive at the time covered by the report, to form a special committee of the Parliament to consider the report and make recommendations as to the future conduct of the civil service, the Corporate Body, the Chief Executive of the Parliament and the Executive in discharging their public duties."

After debate, the amendment was disagreed to ((DT) by division: For 13, Against 92, Abstentions 7).

The motion was then agreed to (DT).

3. Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S2M-1731—That the Parliament agrees—

(a) the following programme of business—

Wednesday 29 September 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Debate: Spending Review 2004 – Enterprise, Opportunity and Fairness

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 30 September 2004

9.30 am Parliamentary Bureau Motions

followed by Scottish Conservative and Unionist Party Business

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 Stage 1 Debate on the Emergency Workers (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 6 October 2004

9.30 am Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Business

followed by Members’ Business

2.00 pm Question Time—

Education and Young People, Tourism, Culture and Sport;

Finance and Public Services and Communities;

General Questions

followed by Committee Business

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 7 October 2004

9.30 am Parliamentary Bureau Motions

followed by Executive Business

12 noon First Minister’s Question Time

and (b) that the period for lodging questions for Question Time on 6 October 2004 should end at 4.00 pm on Monday 27 September.

The motion was agreed to (by division: For 61, Against 33, Abstentions 17).

4. Designation of Lead Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau moved S2M-1730—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations 2004 (SSI 2004/383).

The motion was agreed to.

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

The meeting closed at 7.05 pm.

 

P E Grice

Clerk of the Parliament

22 September 2004

 

Appendix

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

 

New Bills introduced or reprinted on 16 September 2004

Tenements (Scotland) Bill—The Bill was reprinted as passed (SP Bill 19B) (Executive Bill).

Subordinate Legislation

Negative Instruments

The following instrument was laid before the Parliament on 17 September 2004 and is subject to annulment

The Mental Health Tribunal for Scotland (Disciplinary Committee) Regulations 2004 (SSI 2004/402)

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

Other Documents

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

United Kingdom Sports Council Lottery Distribution Fund Account 2003-04 (SE/2004/214)

laid under sections 24 and 25 of the National lottery etc Act 1993 (as amended by the National Lottery Act 1998)

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

Scottish elections 2003: The official report on the Scottish Parliament and local government elections 1 May 2003 (ELC/2004/01)—

The Scottish Parliament election 2003: Campaign spending (ELC/2004/02)—

laid under section 5(1) of The Political Parties, Elections and Referendums Act 2000

The following document was laid before the Parliament on 21 September 2004 and is not subject to any Parliamentary procedure

Historic Environment Advisory Council for Scotland Annual Report 2003/04 (SE 2004/209)

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

Crofters Commission Annual Report 2003-04 (SE/2004/120)

laid under section 2(4) of the Crofters (Scotland) Act 1993

Bord na Gaidhlig Annual Report 2003-04 (SE/2004/216)

laid under section 23 of the National Heritage (Scotland) Act 1985

The Electoral Commission Corporate Plan 2004-05 to 2008-09 (SE/2004/217)

laid under paragraph 15(4) of Schedule 1 to the Political Parties, Elections and Referendums Act 2000