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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. 26 Session 2

Meeting of the Parliament

Wednesday 3 November 2004

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Rev Dr Iain D. Campbell, Free Church, Back, Isle of Lewis led Time for Reflection.

2. Ambitious, Excellent Schools: The Minister for Education and Young People (Peter Peacock) moved S2M-1925—That the Parliament supports the Scottish Executive’s agenda for the most comprehensive modernisation programme in Scottish schools for a generation, as described in Ambitious, Excellent Schools, which builds on the investment and success in education over recent years and sets out plans to bring a transformation in ambition and achievement through higher expectations for schools and school leadership, greater freedom for teachers and schools, more choice for pupils and better support for learning so that the individual needs of young people can be better met, and tough, intelligent accountabilities to drive improvement.

Fiona Hyslop moved amendment S2M-1925.2 to motion S2M-1925—

Leave out from "supports" to end and insert—

"acknowledges the publication of the proposed changes to education contained in the Scottish Executive’s Ambitious, Excellent Schools but is concerned that many of the proposals are structural, administrative and managerial in nature, depend from a resource perspective on the short-sighted presumption of continued falling school rolls and that, although they may have an impact on the educational experience of a few pupils, they will not provide comprehensive change for all and are centred on a national curriculum review which will deliver only in 2007 after the current generation of pupils has passed though school under Labour ministers of education, and urges the Executive to provide a shared national vision and strategy for education which the nation can contribute to by establishing a National Education Convention to address the persistent under-achievement of 20% of pupils and to provide a pupil-centric education system which can create the conditions for success for this generation of school pupils."

After debate, the amendment was disagreed to ((DT) by division: For 34, Against 81, Abstentions 0).

Lord James Douglas-Hamilton moved amendment S2M-1925.1 to motion S2M-1925—

Leave out from "supports" to end and insert—

"acknowledges the Scottish Executive’s agenda described in Ambitious, Excellent Schools; recognises, however, that, in order to achieve its aim of promoting ambition and encouraging excellence, schools must be granted greater autonomy and that public funds must be allowed to follow the pupil to any school of the parents’ choosing so that parents can exercise genuine choice between schools and not just within schools, encouraging the expansion of popular schools and the upgrading of unsuccessful schools."

After debate, the amendment was disagreed to ((DT) by division: For 18, Against 95, Abstentions 2).

Ms Rosemary Byrne moved amendment S2M-1925.3 to motion S2M-1925—

Leave out from "supports" to end and insert—

"believes that all Scottish schools should be ambitious, excellent schools and that a first move towards achieving this would be to reduce all non-practical class sizes to 20 and all practical class sizes to 15 or less as part of a national minimum class size policy."

After debate, the amendment was disagreed to ((DT) by division: For 11, Against 81, Abstentions 23).

The motion was then agreed to ((DT) by division: For 69, Against 20, Abstentions 26).

3. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1939—That the Parliament agrees the following programme of 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 Procedures Committee Debate on its 6th Report 2004: A New Procedure for Members’ Bills and on its 7th Report 2004: Timescales and Stages of Bills

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 17 November 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 1 Debate on the Water Services etc. (Scotland) Bill

followed by Financial Resolution in respect of the Water Services etc. (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 18 November 2004

9.30 am Parliamentary Bureau Motions

followed by Stage 1 Debate on the Fire (Scotland) Bill

followed by Financial Resolution in respect of the Fire (Scotland) 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 Parliamentary Bureau Motions

followed by Stage 3 of the Breastfeeding etc. (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

4. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1928—That the Parliament agrees that the draft Maximum Number of Judges (Scotland) Order 2004 be approved.

The motion was agreed to (DT).

5. Approval of SSIs: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved—

S2M-1929—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (Scotland) Order 2004 (SSI 2004/435) be approved.

S2M-1930—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (No.3) (Scotland) Order 2004 (SSI 2004/436) be approved.

S2M-1931—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No.4) (Scotland) Order 2004 (SSI 2004/417) be approved.

S2M-1932—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.11) (Scotland) Order 2004 (SSI 2004/418) be approved.

S2M-1933—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.12) (Scotland) Order 2004 (SSI 2004/447) be approved.

After debate, the motions were agreed to ((DT) by division: For 72, Against 18, Abstentions 25).

6. Substitution on Committees: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1934—That the Parliament agrees that Eleanor Scott be appointed to replace Mr Mark Ruskell as the Green Party substitute on the Environment and Rural Development Committee.

The motion was agreed to (DT).

7. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1935—That the Parliament agrees that the Local Government and Transport Committee be designated as lead committee and the Enterprise and Culture Committee be designated as secondary committee in consideration of the Transport (Scotland) Bill at Stage 1.

The motion was agreed to (DT).

8. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1936—That the Parliament agrees that the Equal Opportunities Committee be designated as lead committee in consideration of the Prohibition of Female Genital Mutilation (Scotland) Bill at Stage 1.

The motion was agreed to (DT).

9. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-1937—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Protection of Children and Prevention of Sexual Offences (Scotland) Bill at Stage 1.

The motion was agreed to (DT).

10. Decision Time: The Parliament took decisions on items 2, 4, 5, 6, 7, 8 and 9 as noted above.

11. Development and Manufacture of Renewable Energy: The Parliament debated S2M-1674 in the name of Maureen Macmillan—That the Parliament congratulates Highlands and Islands Renewable Energy Group and the trade union Amicus on their initiative to promote the development and manufacture of renewable energy structures, whether for wind, wave or tidal power, in the Highlands and Islands; recognises that there is a skilled engineering workforce available locally; further recognises the considerable socio-economic benefits that would flow from this work to the nearby communities; believes that renewable energy infrastructure would be better supported by these communities if they perceived that it was bringing local economic benefit, and therefore believes that the Scottish Executive should do all it can to support Highland-based companies in bidding for renewables contracts in Scotland and elsewhere.

The meeting closed at 6.05 pm.

P E Grice

Clerk of the Parliament

3 November 2004

Appendix

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

New Bills introduced or reprinted on 29 October 2004

Prohibition of Female Genital Mutilation (Scotland) Bill—A Bill for an Act of the Scottish Parliament to restate and amend the law relating to female genital mutilation and to provide for extra-territorial effect; and for connected purposes. (SP Bill 29) (Executive Bill)

Introduced by: Cathy Jamieson

Supported by: Hugh Henry

Explanatory Notes (and other accompanying documents) (SP Bill 29-EN) and a Policy Memorandum (SP Bill 29-PM) were printed to accompany the Bill.

Protection of Children and Prevention of Sexual Offences (Scotland) Bill—A Bill for an Act of the Scottish Parliament to make it an offence to meet a child following certain preliminary contact and to make other provision for the purposes of protecting children from harm of a sexual nature; and to make further provision about the prevention of sexual offences. (SP Bill 30) (Executive Bill)

Introduced by: Cathy Jamieson

Supported by: Peter Peacock, Hugh Henry

Explanatory Notes (and other accompanying documents) (SP Bill 30-EN) and a Policy Memorandum (SP Bill 30-PM) were printed to accompany the Bill.

Subordinate Legislation

Negative Instruments

The following instrument was laid before the Parliament on 1 November 2004 and is subject to annulment

The Scottish Network 2 Tourist Board Scheme Amendment Order 2004 (SSI 2004/465)

laid under section 173(5) of the Local Government etc. (Scotland) Act 1994

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

The Debt Arrangement Scheme (Scotland) Amendment Regulations 2004 (SSI 2004/470)

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

The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004 (SSI 2004/469)

laid under sections 49(3), 73(f), 73B,74(1) and 133 of the Education (Scotland) Act 1980; sections 1 and 2 of the Education (Fees and Awards) Act 1983; sections 1,2 and 3(2) of the Education and Training (Scotland) Act 2000, and section 1 of the Education (Graduate Endownment and Student Support (Scotland) Act 2001

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

The draft Holyrood Park Amendment Regulations 2004

laid under section 6(2) of the Statutory Instruments Act 1946 as read with article 3(3) of the Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (SI 1999/1096) (superseding section 2(2) of the Parks Regulation (Amendment) Act 1926)

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

The Marketing of Fruit Plant Material Amendment (Scotland) Regulations 2004 (SSI 2004/471)

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

The Food Labelling Amendment (No. 2) (Scotland) Regulations 2004 (SSI 2004/472)

laid under section 48(20) of the Food Safety Act 1990

Not Subject to any Parliamentary Procedure

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

The Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (No.2) (Scotland) Revocation Order 2004 (SSI 2004/463)

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

Other Documents

The following documents were laid before the Parliament on 28 October 2004 and are not subject to any Parliamentary procedure—

Big Lottery Fund New Opportunities Fund Annual Report and Accounts and Big Lottery Fund New Opportunities Fund Policy Directions for the financial year ending 31 March 2004 (SE/2004/236)—

Big Lottery Fund Community Fund Annual Report and Accounts for the financial year ending 31 March 2004 (SE/2004/237)—

laid under sections 34(3) and 43D(4) of the National Lottery etc. Act 1993

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

Scottish Committee of the Council on Tribunals (SE/2004/203)

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

Maintaining Scotland’s roads – a main report and key messages summary prepared for the Auditor General for Scotland and the Accounts Commission (AGS/2004/11)

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

Committee Reports

The following Report was published on 28 October 2004

Health Committee, 17th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 227)

The following Report was published on 1 November 2004

Justice 1 Committee, 12th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 229)

The following Report was published on 2 November 2004

Subordinate Legislation Committee, 37th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 231)

The following Reports were published on 3 November 2004—

Procedures Committee, 7th Report, 2004 (Session 2): Timescales and Stages of Bills (SP Paper 228)

Communities Committee, 11th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 230)