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MINUTES OF PROCEEDINGS

Vol. 2, No. 44 Session 2

Meeting of the Parliament

Wednesday 19 January 2005

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Mr Jim McColgan, Head Teacher, Echline Primary School led Time for Reflection.

2. Closing the Opportunity Gap: The Minister for Communities (Malcolm Chisholm) moved S2M-2265—That the Parliament acknowledges the progress made in reducing poverty and extending opportunities in Scotland but recognises there is much more to do; welcomes the Scottish Executive’s commitment to closing the opportunity gap for those most excluded in urban and rural communities, and supports the Executive’s plans to deliver objectives and targets for increasing the chances of sustained employment for vulnerable and disadvantaged groups, improving the confidence and skills of the most disadvantaged children and young people, reducing the vulnerability of low income families to financial exclusion and multiple debts, regenerating the most disadvantaged neighbourhoods, increasing the rate of improvement of the health status of people living in the most deprived communities and improving access to high quality services for the most disadvantaged groups and individuals.

Christine Grahame moved amendment S2M-2265.2 to motion S2M-2265—

Leave out from “and extending” to end and insert—

“but only in very limited areas; notes that one in three children, one in five working-age adults and one in five pensioners live in relative poverty despite Scotland’s wealth; notes the recent report by the Joseph Rowntree Foundation, Strategies Against Poverty, published in December 2004 which highlighted the link between deprivation and problems such as crime, poor health, premature death, family breakdown and poor educational attainment; further notes that, according to the Joseph Rowntree Foundation, what is required is a modest redistribution of wealth, and believes that, without power over the macro-economy, tax and benefits, any progress towards eradicating poverty will continue to be minimal so that many of Scotland’s children will continue to be born to fail and our pensioners will live in poverty or on its margins.”

After debate, the amendment was disagreed to ((DT) by division: For 36, Against 79, Abstentions 2).

Bill Aitken moved amendment S2M-2265.1 to motion S2M-2265—

Leave out from “progress” to end and insert—

“everyday reality of poverty for many people living in our communities; is shocked that eight of the 10 UK local authorities with the lowest male life expectancy are in Scotland, which is wholly unacceptable in the 21 st century; further acknowledges that those living in poverty suffer disproportionately from inadequate public services; therefore regrets that the Scottish Executive’s own policies on health, education and crime are serving to entrench the opportunity gap rather than reduce it; believes that concrete policy decisions rather than “objectives and targets” are required to eliminate poverty, and calls on the Executive to give every person in Scotland, regardless of income, the right to choose the school or hospital of their choice and so end the present two-tier system which deprives those in our poorest communities of quality education and health care.”

After debate, the amendment was disagreed to ((DT) by division: For 19, Against 96, Abstentions 4).

The motion was then agreed to ((DT) by division: For 71, Against 19, Abstentions 29).

3. Constitutional Reform Bill – UK Legislation: The Deputy Minister for Justice (Hugh Henry) moved S2M-2119—That the Parliament agrees the principle of having a clear and transparent separation between the judiciary and the legislature and agrees that provisions in the Constitutional Reform Bill establishing a Supreme Court, and provisions consequential thereto, so far as they relate to matters within the legislative competence of the Parliament, should be considered by the UK Parliament.

After debate, the motion was agreed to ((DT) by division: For 63, Against 56, Abstentions 0).

4. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2272—That the Parliament agrees the following programme of business—

Wednesday 26 January 2005

2.15 pm Time for Reflection

followed by SPCB Question Time

followed by Parliamentary Bureau Motions

followed by Executive Debate: Elderly People

followed by Motion on Railways Bill – UK Legislation

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 Ministerial Statement: Sexual Health

followed by Stage 1 Debate: Budget ( Scotland) (No.2) Bill

followed by Motion on National Lottery Bill – UK Legislation

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 2 February 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 1 Debate: Gaelic Language ( Scotland) Bill

followed by Financial Resolution in respect of the Gaelic Language ( Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 3 February 2005

9.30 am Parliamentary Bureau Motions

followed by Scottish National Party Business

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 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-2266—That the Parliament agrees that the draft Waste ( Scotland) Regulations 2005 be approved.

The motion was agreed to (DT).

6. Designation of Lead Committee: Ms Margaret Curran , on behalf of the Parliamentary Bureau, moved S2M-2267—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Solicitors (Scotland) Act 1980 (Compensation for Inadequate Professional Services) Order 2004 (SSI 2004/550).

The motion was agreed to (DT).

7. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2268—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Title Conditions ( Scotland) Act 2003 (Notice of Potential Liability for Costs) Amendment Order 2004 (SSI 2004/552).

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. Eco Schools Programme: The Parliament debated S2M-2141 in the name of Cathie Craigie—That the Parliament recognises the importance of education in raising environmental awareness; notes the continuing and growing success of the Eco Schools programme, run in Scotland by Keep Scotland Beautiful; encourages the Scottish Executive to give continued support to the programme, and congratulates Whitelees Primary School in Cumbernauld on being the 100th school in Scotland to be awarded a Green Flag.

The meeting closed at 5.54 pm.

P E Grice

Clerk of the Parliament

19 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 18 January 2005 for approval by resolution

The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005

laid under section 115 of, and paragraphs 1 and 2 of Schedule 7 to, the Scotland Act 1998

Negative Instruments

The following instruments were laid before the Parliament on 14 January 2005 and are subject to annulment—

The Road Traffic (Permitted Parking Area and Special Parking Area) (South Lanarkshire Council) Designation Order 2005 (SSI 2005/11)

laid under paragraph 4 of schedule 3 to the Road Traffic Act 1991

The Parking Attendants (Wearing of Uniforms) ( South Lanarkshire Council Parking Area) Regulations 2005 (SSI 2005/12)

laid under section 142(1) of the Road Traffic Regulation Act 1984

The Road Traffic (Parking Adjudicators) (South Lanarkshire Council) Regulations 2005 (SSI 2005/13)

laid under section 82(7) of the Road Traffic Act 1991

The Non-Domestic Rate ( Scotland) Order 2005 (SSI 2005/14)

laid under section 7B(1) of the Local Government ( Scotland) Act 1975

The following instrument was laid before the Parliament on 19 January 2005 and is subject to annulment

The Community Reparation Orders (Requirements for Consultation and Prescribed Activities) ( Scotland) Regulations 2005 (SSI/2005/18)

laid under section 90(2) of the Social Work ( Scotland) Act 1968 and section 245K(10) of the Criminal Procedure ( Scotland) Act 1995

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 18 January 2005 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No. 2) ( Scotland) Order 2004 Revocation Order 2005 (SSI 2005/16)

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

Other Documents

The following documents were laid before the Parliament on 19 January 2005 and are not subject to any Parliamentary procedure

Scottish Public Services Ombudsman – Report of an Investigation into a Complaint against two GPs in the NHS Lanarkshire area (SPSO/2005/01)

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

Budget ( Scotland) (No. 2) Bill Supporting Document for the year ending 31 March 2006 (SE/2005/1)

Scottish Hospital Endowments Research Trust Fiftieth Annual Report and Accounts 2003-04 (SE/2005/5)

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

Committee Reports

The following Report was published on 14 January 2005

Standards Committee, 1st Report 2005 (Session 2): Replacing the Members’ Interests Order (SP Paper 266).

The following Reports were published on 17 January 2005—

Education Committee, 1st Report 2005 (Session 2): Report on

Subordinate Legislation (SP Paper 268)

Equal Opportunities Committee, 1st Report 2005 (Session 2): Report on Subordinate Legislation (SP Paper 269).

The following Report was published on 19 January 2005

Subordinate Legislation Committee, 1st Report 2005 (Session 2): Report on Subordinate Legislation (SP Paper 260)