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Minutes of Proceedings Vol. 2, No. 42 Session 2

MINUTES OF PROCEEDINGS

Vol. 2, No. 42 Session 2

Meeting of the Parliament

Wednesday 12 January 2005

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

The meeting opened at 2:15 pm.

1. Time for Reflection: David Searle, Assistant Minister, St Andrew’s Church, Arbroath, led Time for Reflection.

2. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2236—That the Parliament agrees under Rule 11.2.4 of Standing Orders that Decision Time on Wednesday 12 January 2005 be taken at 5.15 pm.

The motion was agreed to.

3. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2238—That the Parliament agrees the following revision to the programme of business for Wednesday 12 January 2005—

leave out from

"followed by Education Committee Debate: 8th Report of the Education Committee on Child Protection Issues"

to

"followed by Members’ Business: Debate on the subject of S2M-2216 Rosie Kane: Earthquake and Tsunami which hit the coasts of South Asia on Boxing Day 2004"

and insert

"followed by Member’s Oath/Affirmation – Andrew Arbuckle

followed by Ministerial Statement on the Tsunami Disaster

followed by Education Committee Debate: 8th Report of the Education Committee on Child Protection Issues

followed by Motion on the Gambling Bill - UK Legislation

followed by Business Motion

followed by Parliamentary Bureau Motions

5.15 pm Decision Time

followed by Members’ Business: Debate of the Subject of S2M-2216 Rosie Kane: Earthquake and Tsunami which hit the coasts of South Asia on Boxing Day 2004"

The motion was agreed to.

4. Oath: Andrew Arbuckle took the oath of allegiance before the Clerk.

5. Ministerial Statement: The First Minister (Mr Jack McConnell) made a statement and answered questions on the Tsunami Disaster.

6. Education Committee, Education Committee Report on Child Protection Issues: Robert Brown, on behalf of the Education Committee moved S2M-2190—That the Parliament notes the 8th Report, 2004 (Session 2) of the Education Committee: Report on the Scottish Executive’s Implementation of Recommendations of the "It’s Everyone’s Job To Make Sure I’m Alright" Report (SP Paper 201); notes the Executive’s response to the report, and draws the attention of the Executive to the impact of disclosure requirements, particularly in light of the implementation of the provisions of the Protection of Children (Scotland) Act 2003.

After debate, the motion was agreed to. (DT)

7. Gambling Bill – UK Legislation: The Deputy Minister for Finance and Public Service Reform (Tavish Scott) moved S2M-2118—That the Parliament agrees the principle of including in the Gambling Bill provisions which confer powers on the Scottish Ministers, including powers to set fees and make regulations on the conditions to be attached to gambling premises’ licences and permits, and agrees that the relevant provisions to achieve this end should be considered by the UK Parliament.

After debate, the motion was agreed to ((DT) by division: For 63, Against 55, Abstentions 0).

8. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2237—That the Parliament agrees the following programme of business—

Wednesday 19 January 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Debate: Closing the Opportunity Gap

followed by Motion on Constitutional Reform Bill – UK Legislation

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 20 January 2005

9.30 am Parliamentary Bureau Motions

followed by Stage 1 Debate: Further and Higher Education (Scotland) Bill

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: Climate Change

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 26 January 2005

2.15 pm Time for Reflection

followed by SPCB Question Time

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 27 January 2005

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—

Education and Young People, Tourism, Culture and Sport;

Finance and Public Services and Communities;

General Questions

3.00 pm Stage 1 Debate: Budget (Scotland) (No.2) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

9. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2234—That the Parliament agrees that consideration of the Smoking, Health and Social Care (Scotland) Bill at Stage 1 be completed by 29 April 2005.

The motion was agreed to.

10. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2235—That the Parliament agrees that the draft Criminal Procedure (Amendment) (Scotland) Act 2004 (Incidental, Supplemental and Consequential Provisions) Order 2005 be approved.

The motion was agreed to. (DT)

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

12. >Member’s Business: The Parliament debated S2M-2216 in the name of Rosie Kane—That the Parliament is horrified by the catastrophic earthquake and tsunami which hit southern Asia and parts of Africa on Boxing Day, 2004; mourns the enormous loss of lives from Malaysia to Somalia, particularly in Indonesia and Sri Lanka, more than half of whom are expected to be children; congratulates NGOs like Oxfam, the Red Cross, the Scottish Catholic International Aid Fund and others for their instant and courageous response; is concerned that this region did not have the benefit of an early warning system, despite the fact that it sits on a known fault line; is concerned at the initial level of aid offered by the UK Government and believes that the current promised aid is inadequate and should be increased to meet the needs of the entire region; encourages everyone in Scotland to help in any way they can, commensurate with their means, and considers that the Scottish Executive and those in power should set an example above and beyond the support of the Scottish people to ensure that Scotland sends a clear message of support in both words and deeds.

The meeting closed at 6:02 pm.

P E Grice
Clerk of the Parliament
12 January 2005

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 6 January 2005 for approval by resolution

The Remote Monitoring Requirements (Prescribed Courts) (Scotland) Regulations 2005

laid under section 24B(6) of the Criminal Procedure (Scotland) Act 1995

Negative Instruments

The following instruments were laid before the Parliament on 10 January 2005 and are subject to annulment—

The Food Labelling (Added Phytosterols or Phytostanols) (Scotland) Regulations 2005 (SSI 2005/1)

laid under section 48(3) of the Food Safety Act 1990

The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment Regulations 2005 (SSI 2005/3)

laid under section 105(2) of the National Health Service (Scotland) Act 1978

Committee Reports

The following Report was published on 11 January 2005

Health Committee, 1st Report 2005 (Session 2): Stage 1 Report on the Prohibition of Smoking in Regulated Areas (Scotland) Bill (SP Paper 263).

The following Report was published on 12 January 2005

Justice 2 Committee, 1st Report 2005: Report on the Constitutional Reform Bill (SP Paper 265)