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Minutes of Proceedings 1999-2011

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Committees Sessions 1, 2 & 3

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Vol. 2, No. 30 Session 2

Meeting of the Parliament

Wednesday 17 November 2004

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Farkhandra Chaudry, member of the Muslim community of Scotland led Time for Reflection.

2. Water Services etc. (Scotland) Bill – Stage 1: The Minister for Environment and Rural Development (Ross Finnie) moved S2M-1463—That the Parliament agrees to the general principles of the Water Services etc. (Scotland) Bill.

After debate, motion was agreed to ((DT) by division: For 96, Against 24, Abstentions 0).

3. Water Services etc. (Scotland) Bill – Financial Resolution: The Minister for Environment and Rural Development (Ross Finnie) moved S2M-1567—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Water Services etc. (Scotland) Bill, agrees to—

(a) any expenditure or increase in expenditure of a kind referred to in Rule 9.12.3(b)(ii) or (iii) of the Parliament’s Standing Orders, and

(b) any payments in relation to which Rule 9.12.4 of the Standing Orders applies,

arising in consequence of the Act.

The motion was agreed to ((DT) by division: For 113, Against 7, Abstentions 0).

4. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2018—That the Parliament agrees the following programme of business—

Wednesday 24 November 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Debate on Green Jobs

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 25 November 2004

9.30 am Parliamentary Bureau Motions

followed by Scottish Green Party Debate on Food

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 Executive Debate on Violence Against Women

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 1 December 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Public Petitions Committee Debate on Public Petition PE535

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 2 December 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 Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Bill Aitken moved amendment S2M-2018.1 to motion S2M-2018—

under Thursday 25 November 2004,

leave out

"3.00 pm Executive Debate on Violence Against Women"

and insert

"3.00 pm Ministerial Statement on Efficient Government

3.45 pm Executive Debate on Violence Against Women"

After debate, the amendment was disagreed to (by division: For 17, Against 81, Abstentions 22).

The motion was then agreed to (by division: For 81, Against 17, Abstentions 22).

5. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2011—That the Parliament agrees that the draft Abolition of Feudal Tenure etc. (Scotland) Act 2000 (Consequential Provisions) Order 2004 be approved.

The motion was agreed to (DT).

6. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2012—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the following instruments—

the Land Registration (Scotland) Amendment Rules 2004 (SSI 2004/476);

the Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Order 2004 (SSI 2004/477);

the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (Prescribed Periods) Order 2004 (SSI 2004/478);

the Lands Tribunal for Scotland (Title Conditions Certificates) (Fees) Rules 2004 (SSI 2004/479);

the draft Tenements (Scotland) Act 2004 (Consequential Provisions) Order 2004; and

the Tenements (Scotland) Act 2004 (Notice of Potential Liability for Costs) Amendment Order 2004 (SSI 2004/490).

The motion was agreed to (DT).

7. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2013—That the Parliament agrees that the Communities Committee be designated as lead committee in consideration of the Charities and Trustee Investment (Scotland) Bill at Stage 1.

The motion was agreed to (DT).

8. Decision Time: The Parliament took decisions on items 2, 3, 5, 6 and 7 as noted above.

9. Pools Companies Holding Scottish Football to Ransom: The Parliament debated S2M-1912 in the name of Roseanna Cunningham—That the Parliament expresses its concern at the decision by Littlewoods, Vernons and Zetters football pools companies to cease payment to the Scottish Football League (SFL) of copyright payments for the right to use SFL fixtures in their pools games; notes that, for this season, the SFL was scheduled to receive around £600,000, which would have meant an income of some £20,000 for each club; recognises that 20% of the SFL’s commercial income comes from this source and that this decision will have a major impact on the finances of every member club of the SFL, and therefore believes that the three pools companies should reverse the decision.

The meeting closed at 6.05 pm.

P E Grice

Clerk of the Parliament

17 November 2004

Appendix

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

New Bills introduced or reprinted on 11 November 2004

Council Tax Abolition and Service Tax Introduction (Scotland) Bill—A Bill for an Act of the Scottish Parliament to abolish council tax and replace it with a local tax levied on individual income; and to extinguish outstanding liabilities for community charge and certain liabilities for council tax. (SP Bill 31) (Member's Bill)

Introduced by: Tommy Sheridan

A Financial Memorandum (and Presiding Officer's statement on legislative competence) (SP Bill 31-FM) was printed to accompany the Bill. A Policy Memorandum was printed separately as SP Bill 31-PM.

New Bills introduced or reprinted on 15 November 2004

Charities and Trustee Investment (Scotland) Bill—A Bill for an Act of the Scottish Parliament to make provision about charities and other benevolent bodies; to make provision about fundraising in connection with charities and other benevolent bodies; to amend the law in relation to the investment powers of trustees; and for connected purposes. (SP Bill 32) (Executive Bill)

Introduced by: Malcolm Chisholm

Supported by: Johann Lamont, Hugh Henry

Explanatory Notes (and other accompanying documents) (SP Bill 32-EN) and a Policy Memorandum (SP Bill 32-PM) were printed to accompany the Bill.

Subordinate Legislation

Negative Instruments

The following instruments were laid before the Parliament on 12 November 2004 and are subject to annulment—

The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2004 (SSI 2004/491)—

The Advice and Assistance (Scotland) Amendment (No. 3) Regulations 2004 (SSI 2004/492)—

The Legal Aid (Scotland) Act 1986 Amendment Regulations 2004 (SSI 2004/493)—

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

The following draft Guidance was laid before the Parliament on 15 November 2004 and will be issued at the conclusion of 40 days unless the Parliament resolves otherwise

The Scottish Environment Protection Agency (SEPA) and Sustainable Development, Statutory Guidance to SEPA made under Section 31 of the Environment Act 1995 (SE/2004/257)

laid under section 31(5) of the Environment Act 1995

Other Documents

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

Scottish Economic Report November 2004 (SE/2004/245)

The following documents were laid before the Parliament on 15 November 2004 and are not subject to any Parliamentary procedure—

National Museums of Scotland Statement of Accounts for the year ended 31 March 2004 (SE/2004/210)—

Scottish Enterprise Annual Report 2003/04 (SE/2004/251)—

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

Committee Reports

The following Report was published on 12 November 2004

Communities Committee, 12th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 235)

The following Report was published on 15th November 2004

Subordinate Legislation Committee, 39th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 236)

The following Report was published on 16 November 2004

Local Government and Transport Committee, 8th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 237)

The following Report was published on 17 November 2004

Justice 2 Committee, 9th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 238)