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MINUTES OF PROCEEDINGS

Vol. 2, No. 34 Session 2

Meeting of the Parliament

Wednesday 1 December 2004

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

The meeting opened at 2.00 pm.

1. Time for Reflection: Laura Anne Teece, John Ogilvie High School, Hamilton, led Time for Reflection.

2. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2094—That the Parliament agrees the following revision to the programme of business for Wednesday 1 December 2004—

after,

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

delete,

followed by Ministerial Statement on REGLEG

and insert,

followed by Ministerial Statement on Institutional Child Abuse

The motion was agreed to.

3. Ministerial Statement: The First Minister (Mr Jack McConnell) made a statement on institutional child abuse.

4. Public Petitions Committee, Public Petition PE535: Michael McMahon, on behalf of the Public Petitions Committee, moved S2M-1988—That the Parliament notes public petition PE535 calling for the Scottish Parliament to urge the Scottish Executive to (a) conduct an inquiry into past institutional child abuse, in particular for those children who were in the care of the state under the supervision of religious orders and (b) make an unreserved apology for the said state bodies and to urge the religious orders to apologise unconditionally.After debate, the motion was agreed to (DT).

5. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2095—That the Parliament agrees the following programme of business—

Wednesday 8 December 2004

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Ministerial Statement on Local Government Finance Settlement and Non-Domestic Rate Poundage

followed by Executive Debate: Transport

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 9 December 2004

9.30 am Parliamentary Bureau Motions

followed by Scottish Socialist Party Debate: Iraq

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: Fisheries

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 15 December 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 16 December 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 Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

6. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2087—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.13) (Scotland) Order 2004 (SSI 2004/484) be approved.

After debate, the motion was agreed to ((DT) by division: For 73, Against 18, Abstentions 21).

7. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2088—That the Parliament agrees that the draft Agricultural Holdings (Right to Buy Modifications) (Scotland) Regulations 2004 be approved.

The motion was agreed to (DT).

8. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2089—That the Parliament agrees that the draft Budget (Scotland) Act 2004 Amendment (No.2) Order 2004 be approved.

The motion was agreed to (DT).

9. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2090—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the following instruments

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); and

the Legal Aid (Scotland) Act 1986 Amendment Regulations 2004 (SSI 2004/493).

The motion was agreed to (DT).

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

11. St Andrew’s Day: The Parliament debated S2M-2006 in the name of Dennis Canavan—That the Parliament believes that St Andrew’s Day should be recognised as Scotland’s National Day with a nationwide celebration of Scotland’s diversity of cultures, faiths and ethnic origins.

12. Motion without Notice: Tricia Marwick moved without notice that, under Rule 8.14.3, the debate be extended by 10 minutes.

The meeting closed at 6.04 pm.

P E Grice
Clerk of the Parliament
1 December 2004

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

Subordinate Legislation

Affirmative Instruments

The following instrument was laid in draft before the Parliament on 30 November 2004 for approval by resolution

The Criminal Procedure (Amendment) (Scotland) Act 2004 (Incidental, Supplemental and Consequential Provisions) Order 2005

laid under section 26(4) of the Criminal Procedure (Amendment) (Scotland) Act 2004

Note: The Criminal Procedure (Amendment) (Scotland) Act 2004 (Incidental, Supplemental and Consequential Provisions) Order 2004, which was laid before the Parliament on 25 November 2004, has been withdrawn

Negative Instruments

The following instruments were laid before the Parliament on 26 November 2004 and are subject to annulment—

The Building Standards Advisory Committee (Scotland) Regulations 2004 (SSI 2004/506)—

The Building (Fees) (Scotland) Regulations 2004 (SSI 2004/508)—

laid under section 54(5) of the Building (Scotland) Act 2003

The following instruments were laid before the Parliament on 30 November 2004 and are subject to annulment—

The Control of Volatile Organic Compounds (Petrol Vapour Recovery) (Scotland) Regulations 2004 (SSI 2004/512)

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

The Act of Sederunt (Fees of Sheriff Officers) 2004 (SSI 2004/513)

laid under section 40 of the Sheriff Courts (Scotland) Act 1907

The Water Environment (Register of Protected Areas) (Scotland) Regulations (SSI 2004/516)

laid under section 36(4) of the Water Environment and Water Services (Scotland) Act 2003

The following instruments were laid before the Parliament on 1 December 2004 and are subject to annulment—

The Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2004 (SSI 2004/518)

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

The Road User Charging (Exemption from Charges) (Scotland) Regulations 2004 (SSI 2004/519)

laid under section 81(3) of the Transport (Scotland) Act 2001

Not Subject to any Parliamentary Procedure

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

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (No. 2) (Scotland) Revocation Order 2004 (SSI 2004/510)

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

Scottish Parliamentary Corporate Body

The following document is being published on 26 November 2004

Scottish Commission for Public Audit, 1st Report 2004 (Session 2): Audit Scotland’s Expenditure Proposals 2005-2006 (SP Paper 244)

Other Documents

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

Scottish Arts Council Annual Report 2003-04 (SE/2004/268)

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

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

Home-Grown Cereals Authority Annual Report and Accounts 2003-04 (SE/2004/242)

laid under section 21 of the Cereals Marketing Act 1965 and section 88 of the Scotland Act 1998

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

NESTA Annual Report and Accounts 2003-04 (SE/2004/160)

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

Crown Office and Procurator Fiscal Service – Accounts for the year ended 31 March 2004 (SE/2004/253)

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

Committee Reports

The following Report was published on 26 November 2004

Environment and Rural Development Committee, 14th Report, 2004 (Session 2): Report on Subordinate Legislation (SP Paper 245)

The following Report was published on 29 November 2004

Finance Committee, 7th Report 2004: Report on Subordinate Legislation (SP Paper 246)

The following Report was published on 30 November 2004

Subordinate Legislation Committee, 41st Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 247)