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Minutes of Proceedings 1999-2011

Journal of Parliamentary Proceedings Sessions 1 & 2

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Vol. 2, No. 24 Session 2

Meeting of the Parliament

Wednesday 27 October 2004

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Rev Pauline Steenbergen from Peterhead led Time for Reflection.

2. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1894—That the Parliament agrees the following programme of business—

Wednesday 27 October 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Debate on Tackling Drugs Misuse – Protecting Scotland’s Communities

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business - Debate on the subject of S2M-1655 Mr John Swinney: Young Carers in Scotland

Thursday 28 October 2004

9.30 am Parliamentary Bureau Motions

followed by Executive Debate on Improving the Quality and Availability of Scotland’s Housing

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 Debate on Making the Most of Scotland’s Forests

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business - Debate on the subject of S2M-1807 Marilyn Livingstone: National Construction Week, 6 to 13 October 2004

The motion was agreed to.

3. Tackling Drugs Misuse: Protecting Scotland’s Communities: The Minister for Justice (Cathy Jamieson) moved S2M-1882—That the Parliament commends the Scottish Executive’s integrated approach to reducing the supply of drugs and protecting communities from drug-related offending, improving education and information for young people about the risks from drugs and increasing the range and effectiveness of local drug treatment and rehabilitation services to help people to become free from drug dependence.

Stewart Stevenson moved amendment S2M-1882.1 to motion S2M-1882—

Leave out from “commends” to end and insert—

“agrees that an integrated approach to reducing the supply of drugs, protecting communities from drug-related offending and improving education and information about the risks from drugs is required and that this must provide an increased range and effectiveness of local drug treatment and rehabilitation services to help people to become free from drug dependence which is available at the time each service user takes the step of acknowledging the need for help.”

After debate, the amendment was disagreed to ((DT) by division: For 39, Against 62, Abstentions 18).

Miss Annabel Goldie moved amendment S2M-1882.2 to motion S2M-1882—

Leave out from “commends” to end and insert—

“deplores the escalating drugs abuse problem in Scotland and the implicit reliance on methadone harm reduction programmes and calls for a radical change in policy to reduce demand for drugs by providing a route to abstinence and taking more effective action to cut the supply of drugs.”

After debate, the amendment was disagreed to ((DT) by division: For 19, Against 100, Abstentions 0).

Ms Rosemary Byrne moved amendment S2M-1882.3 to motion S2M-1882—

Leave out from “commends” to end and insert—

“views with concern the growing problem in our communities due to drug misuse; views the current provision for drug treatment and support as entirely inadequate, and urges the Scottish Executive to work with all agencies with a view to integrating services and ensuring full resourcing allowing a range of appropriate services across communities.”

After debate, the amendment was disagreed to ((DT) by division: For 39, Against 61, Abstentions 18).

The motion was then agreed to ((DT) by division: For 88, Against 24, Abstentions 7).

4. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1895—That the Parliament agrees the following programme of business—

Wednesday 3 November 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Debate on Schools

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 4 November 2004

9.30 am Parliamentary Bureau Motions

followed by Scottish National 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 Ministerial Statement on Youth Justice

followed by Executive Debate on Domestic Abuse

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 10 November 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 11 November 2004

9.30 am Parliamentary Bureau Motions

followed by Executive 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 Committee Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

5. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1884—That the Parliament agrees that the Fishing Vessels (Satellite-tracking Devices) ( Scotland) Scheme 2004 (SSI 2004/379) be approved.

The motion was agreed to (DT).

6. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1885—That the Parliament agrees that the draft Ethical Standards in Public Life etc. ( Scotland) Act 2000 (Modification of National Parks ( Scotland) Act 2000) Order 2004 be approved.

The motion was agreed to (DT).

7. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1886—That the Parliament agrees that the draft Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 2004 be approved.

The motion was agreed to (DT).

8. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1887—That the Parliament agrees that the draft Scotland Act 1998 (Modifications of Schedule 5) Order 2004 be approved.

The motion was agreed to (DT).

9. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1888—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.10) ( Scotland) Order 2004 (SSI 2004/412) be approved.

After debate, the motion was agreed to ((DT) by division: For 69, Against 25, Abstentions 25).

10. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1889—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the International Criminal Court (Enforcement of Fines, Forfeiture and Reparation Orders) ( Scotland) (Revocation) Regulations 2004 (SSI 2004/437).

The motion was agreed to (DT).

11. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1890—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Victim Notification (Prescribed Offences) (Scotland) Order 2004 (SSI 2004/411).

The motion was agreed to (DT).

12. Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1892—That the Parliament agrees that Alasdair Morgan be appointed to replace Stewart Stevenson on the Edinburgh Tram (Line Two) Bill Committee.

The motion was agreed to (DT).

13. Decision Time: The Parliament took decisions on items 3, 5, 6, 7, 8, 9, 10, 11 and 12 as noted above.

14. Young Carers in Scotland: The Parliament debated S2M-1655 in the name of Mr John Swinney—That the Parliament notes with concern the recent report from the Princess Royal Trust for Carers recording the very high number of young people providing care to parents, brothers and sisters and other family members; warmly applauds the young people who give so much of their time, energy and emotion to support their family; pays tribute to the network of projects that provide support for the education, future development and quality of life of young carers in Scotland, and considers that the Scottish Executive should continue to expand support for young carers in Scotland.

15. Motion without Notice: Mrs Margaret Ewing moved without notice that, under Rule 8.14.3, the debate be extended by 20 minutes.

The meeting closed at 6.23 pm.

 

P E Grice

Clerk of the Parliament

27 October 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 18 October 2004 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 12) ( Scotland) Order 2004 (SSI 2004/447)

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

The following instrument was laid in draft before the Parliament on 26 October 2004 for approval by resolution

The Mental Health (Care and Treatment) ( Scotland) Act 2003 Modification Order 2004

laid under section 326(4)(b) of the Mental Health (Care and Treatment) ( Scotland) Act 2003

Negative Instruments

The following instrument was laid before the Parliament on 8 October 2004 and is subject to annulment

The Plant Health ( Great Britain) Amendment ( Scotland) Order 2004 (SSI 2004/440)

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

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

The Debt Arrangement and Attachment ( Scotland) Act 2002 (Transfer of Functions to the Accountant in Bankruptcy) Order 2004 (SSI 2004/448)

laid under section 62(3) of the Debt Arrangement and Attachment ( Scotland) Act 2002

The following instrument was laid before the Parliament on 21 October 2004 and is subject to annulment

The Avian Influenza (Survey Powers) ( Scotland) Regulations 2004 (SSI 2004/453)

laid under paragraph 2(2) of Schedule 2 to the European Communities Act 1972

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

The Feeding Stuffs ( Scotland) Amendment (No. 2) Regulations 2004 (SSI 2004/458)

laid under section 84 of the Agriculture Act 1970

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 18 October 2004 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Irish Sea) ( Scotland) Revocation Order 2004 (SSI 2004/446)

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

Other Documents

The following document was laid before the Parliament on 11 October 2004 and is not subject to any Parliamentary procedure

Learning and Teaching Scotland Annual Report 2003-2004 (SE/2004/234)

The following document was laid before the Parliament on 13 October 2004 and is not subject to any Parliamentary procedure

Scottish Court Service Annual Report and Accounts 2003-2004 (SE/2004/228)

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

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

Scottish Prison Service Annual Report and Accounts 2003-2004 (SE/2004/131)

laid under the Prisons ( Scotland) Act 1989

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

Ayrshire and Arran Primary Care NHS Trust – Annual Accounts 2003-04 (SE/2004/162)—

Greater Glasgow Primary Care NHS Trust - Annual Accounts 2003-04 (SE/2004/165)—

Grampian Primary Care NHS Trust - Annual Accounts 2003-04 (SE/2004/166)—

Grampian University Hospitals NHS Trust – Annual Accounts 2003-04 (SE/2004/167)—

Highland Acute Hospitals NHS Trust – Annual Accounts 2003-04 (SE/2004/168)—

Highland Primary Care NHS Trust – Annual Accounts 2003-04 (SE/2004/169)—

Lanarkshire Acute Hospitals NHS Trust – Annual Accounts 2003-04 (SE/2004/170)—

Lanarkshire Primary Care NHS Trust – Annual Accounts 2003-04 (SE/2004/171)—

Lothian Primary Care NHS Trust – Annual Accounts 2003-04 (SE/2004/172)—

South Glasgow University Hospitals NHS Trust – Annual Accounts 2003-04 (SE/2004/174)—

Tayside University Hospitals NHS Trust – Annual Accounts 2003-04 (SE/2004/175)—

West Lothian NHS Trust – Annual Accounts 2003-04 (SE/2004/177)—

Argyll and Clyde Health Board – Accounts for the period 1 April 2003 to 31 March 2004 (SE/2004/179)—

Ayrshire and Arran Health Board – Accounts for the period 1 April 2003 to 31 March 2004 (SE/2004/187)—

Forth Valley Health Board – Accounts for the period 1 April 2003 to 31 March 2004 (SE/2004/188)—

Lanarkshire Health Board – Accounts for the period 1 April 2003 to 31 March 2004 (SE/2004/192)—

Common Services Agency – Annual Accounts 2003-04 (SE/2004/194)—

Scottish Ambulance Service - Annual Accounts 2003-04 (SE/2004/198)—

NHS Education for Scotland - Annual Accounts 2003-04 (SE/2004/199)—

The National Waiting Times Centre Board – Annual Accounts 2003-04 (SE/2004/202)—

Argyll and Clyde Health Board – Report by the Auditor General of Scotland (SE/2004/240)—

Lanarkshire Health Board – Report by the Auditor General of Scotland (SE/2004/241)—

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

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

Ayrshire and Arran Acute Hospitals NHS Trust – Annual Accounts 2003-04 (SE/2004/161)—

Forth Valley Acute Hospitals NHS Trust – Annual Accounts 2003-04 (SE/2004/163)—

Forth Valley Primary Care NHS Trust – Annual Accounts 2003-04 (SE/2004/164)—

North Glasgow University Hospitals NHS Trust – Annual Accounts 2003-04 (SE/2004/173)—

Tayside Primary Care NHS Trust – Annual Accounts 2003-04 (SE/2004/176)—

Yorkhill NHS Trust – Annual Accounts 2003-04 (SE/2004/178)—

Borders Health Board – Accounts for the period 1 April 2003 to 31 March 2004 (SE/2004/180)—

Dumfries and Galloway Health Board - Accounts for the period 1 April 2003 to 31 March 2004 (SE/2004/181)—

Fife Health Board - Accounts for the period 1 April 2003 to 31 March 2004 (SE/2004/182)—

Lothian Health Board - Accounts for the period 1 April 2003 to 31 March 2004 (SE/2004/183)—

Orkney Health Board - Accounts for the period 1 April 2003 to 31 March 2004 (SE/2004/184)—

Shetland Health Board - Accounts for the period 1 April 2003 to 31 March 2004 (SE/2004/185)—

Western Isles Health Board - Accounts for the period 1 April 2003 to 31 March 2004 (SE/2004/186)—

Grampian Health Board - Accounts for the period 1 April 2003 to 31 March 2004 (SE/2004/189)—

Greater Glasgow Health Board - Accounts for the period 1 April 2003 to 31 March 2004 (SE/2004/190)—

Highland Health Board - Accounts for the period 1 April 2003 to 31 March 2004 (SE/2004/191)—

Tayside Health Board - Accounts for the period 1 April 2003 to 31 March 2004 (SE/2004/193)—

NHS Scotland – Annual Accounts 2003-04 (SE/2004/195)—

Mental Welfare Commission – Annual Accounts 2003-04 (SE/2004/196)—

NHS 24 – Annual Accounts 2003-04 (SE/2004/197)—

The State Hospitals Board for Scotland – Annual Accounts 2003-04 (SE/2004/200)—

NHS Quality Improvement Scotland – Annual Accounts 2003-04 (SE/2004/201)—

Registers of Scotland – Annual Report and Accounts 2003-04 (SE/2004/213)—

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

Annual Report of Her Majesty’s Chief Inspector of Constabulary for Scotland 2003-04 (SE/2004/229)

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

The Scottish Public Pensions Agency – Annual Report and Accounts 2003-04 and Corporate Plan 2004-07 (SE/2004/205)

laid under section 20(6) of the Public Finance and Accountability ( Scotland) Act 2000

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

Scottish Public Services Ombudsman: Report of an Investigation into a complaint against The Scottish Environmental Protection Agency (SEPA) (SPSO/2004/11)

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

Highlands and Islands Enterprise Thirteenth Network Report 2003-04 (SE/2004/246)—

Highlands and Islands Enterprise Network Accounts 2003-04 (SE/2004/247)—

laid under section 30(1) of the Enterprise and New Towns ( Scotland) Act 1990

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

Mental Welfare Commission for Scotland Annual Report 2003-04 (SE/2004/150)

The following documents were laid before the Parliament on 27 October 2004 and are not subject to any Parliamentary procedure—

Deer Commission for Scotland – Annual Report 2003-04 (SE/2004/215)

laid under section 2(2) of the Deer ( Scotland) Act 1996

Scottish Environment Protection Agency – Annual Report and Accounts 2003-04 (SE/2004/223)

laid under section 46 of the Environment Act 1995

Criminal Injuries Compensation Appeals Panel – Annual Report and Accounts 2003-04 (SE/2004/239)

laid under section 6 of the Criminal Injuries Compensation Act 1995

Guidance on Dispersal of Groups – Antisocial Behaviour etc. ( Scotland) Act 2004 (SE/2004/244)

laid under section 23(2) of the Antisocial Behaviour etc. ( Scotland) Act 2004

Committee Reports

The following report was published on 8 October 2004

Subordinate Legislation Committee, 36th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 223)

The following Report was published on 13 October 2004

Health Committee, 16th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 225)

The following Report was published on 14 October 2004

Local Government and Transport Committee, 7th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 226)

The following Report was published on 15 October 2004

Audit Committee, 9th Report 2004 (Session 2): Better equipped to care? – Follow-up report on managing medical equipment (SP Paper 224)