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MINUTES OF PROCEEDINGS

Vol. 2, No. 45 Session 2

Meeting of the Parliament

Thursday 20 January 2005

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

The meeting opened at 9.30 am.

1. Further and Higher Education (Scotland) Bill – Stage 1: The Minister for Enterprise and Lifelong Learning (Mr Jim Wallace) moved S2M-2273—That the Parliament agrees to the general principles of the Further and Higher Education (Scotland) Bill.

After debate, the motion was agreed to ((DT) by division: For 110, Against 4, Abstentions 1).

2. First Minister’s Question Time: Questions were answered by the First Minister (Mr Jack McConnell).

3. Question Time: Questions were answered by the Minister for Enterprise and Lifelong Learning (Mr Jim Wallace) and the Minister for Transport (Nicol Stephen); by the Minister for Justice (Cathy Jamieson) and the Lord Advocate (Colin Boyd); and by other Ministers and junior Scottish Ministers.

4. Climate Change: The Minister for Environment and Rural Development (Ross Finnie) moved S2M-2275—That the Parliament welcomes the Scottish Executive’s review of its Scottish Climate Change Programme; notes the corresponding review of the UK Climate Change Programme and the Scottish contribution to this; supports the Executive’s commitment to consider options for strengthening its strategic approach to climate change, its commitment to deliver improved greenhouse gas emissions data and its commitment to assess the practicability of introducing Scottish climate change targets, and agrees that climate change, as part of the Executive’s commitment to sustainable development, is integral to policy-making in Scotland.

Richard Lochhead moved amendment S2M-2275.1 to motion S2M-2275—

Leave out from “notes” to end and insert—

“is disappointed to note that a comparison of our per capita greenhouse gas emissions with the United Kingdom and the other EU member states shows Scotland with the fourth highest level of emissions; urges the Executive to adopt ambitious targets in relation to its relevant devolved responsibilities and to take necessary steps to ensure Scotland is able to mitigate and adapt to inevitable climate change; recognises that greenhouse gas emissions can be reduced by a range of measures, including the acceleration of renewables projects, energy efficiency, increased forestry cover, promoting research and development of clean technologies, and greater promotion of public transport, but recognises that, in order to effectively tackle climate change, Scotland requires the powers enjoyed by independent countries, including powers over fiscal, energy, aviation and foreign policy.”

After debate, the amendment was disagreed to ((DT) by division: For 28, Against 80, Abstentions 7).

Alex Johnstone moved amendment S2M-2275.2 to motion S2M-2275—

Leave out from “welcomes” to end and insert—

“notes the Scottish Executive’s review of its Scottish Climate Change Programme and the corresponding review of the UK Climate Change Programme and, however, urges the Executive to take a more meaningful and balanced approach in supporting other renewable technologies like wave and tidal power and energy from biomass and waste, as well as nuclear technology, which offer long-term opportunities for Scotland at a lower cost to our landscape.”

After debate, the amendment was disagreed to ((DT) by division: For 17, Against 97, Abstentions 1).

Mr Mark Ruskell moved amendment S2M-2275.3 to motion S2M-2275—

Leave out from “supports” to end and insert—

“is gravely concerned about the impacts of climate change on Scotland and the rest of the world and its implications for communities, the economy and the environment; is concerned that Scotland is failing to make an equitable contribution to the UK reduction of global greenhouse gas pollution; urges the Executive to set specific carbon reduction targets for Scotland with the aim of a minimum of 60% reduction in greenhouse gases by 2050, as recommended by the Royal Commission on Environmental Pollution; calls for a halt to Executive policies and projects that will undermine progress towards achieving this target; further calls on the Executive to set challenging energy efficiency targets in both the domestic and business sectors, recognising the economic opportunities that this affords; believes that there must be an accelerated introduction of all forms of sustainable renewable energy technology, including wave and tidal power, and considers that there is no place for expensive and unsustainable nuclear power in a sustainable Scotland.”

After debate, the amendment was disagreed to ((DT) by division: For 15, Against 79, Abstentions 20).

The motion was then agreed to ((DT) by division: For 85, Against 21, Abstentions 9).

5. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2269—That the Parliament agrees that the timetable for completion of consideration of the Prohibition of Smoking in Regulated Areas ( Scotland) Bill at Stage 1 be extended to 30 December 2005.

The motion was agreed to.

6. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2270—That the Parliament agrees (a) that the Justice 2 Committee reports to the Justice 1 Committee by 28 January 2005 in relation to the Solicitors (Scotland) Act 1980 (Compensation for Inadequate Professional Services) Order 2004 (SSI 2004/550); and (b) that the Justice 1 Committee reports to the Justice 2 Committee by 28 January 2005 in relation to the Title Conditions (Scotland) Act 2003 (Notice of Potential Liability for Costs) Amendment Order 2004 (SSI 2004/552).

The motion was agreed to.

7. Decision Time: The Parliament took decisions on items 1 and 4 as noted above.

8. Robert Burns National Heritage Park: The Parliament debated S2M-2114 in the name of Mr Adam Ingram—That the Parliament deplores the impending disintegration of the Robert Burns National Heritage Park; questions the wisdom of the actions of South Ayrshire Council in withdrawing from the joint board responsible for the park and, in particular, in leasing out the park’s visitor centre, the Tam O’Shanter Experience, to a commercial operator thereby eliminating a vital income stream for the upkeep of the Burns cottage and museum; expresses alarm at the formal withdrawal of an application to the Heritage Lottery Fund which, if granted, would have allowed rebuilding and modernisation of the Burns museum enabling proper storing, archiving and display, and considers that all interested parties should work together to ensure that flagship assets for Burns heritage tourism are properly developed in good time for the major events planned for the 2009 Homecoming Year, marking the 250 th anniversary of the birth of the national bard.

9. Motion without Notice: Phil Gallie moved without notice that, under Rule 8.14.3, the debate be extended by 15 minutes.

The motion was agreed to.

The meeting closed at 6.15 pm .

P E Grice
Clerk of the Parliament
20 January 2005

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

New Bills introduced or reprinted on 19 January 2005

Budget (Scotland) (No.2) Bill —A Bill for an Act of the Scottish Parliament to make provision, for financial year 2005/06, for the use of resources by the Scottish Administration and certain bodies whose expenditure is payable out of the Scottish Consolidated Fund, for authorising the payment of sums out of the Fund and for the maximum amounts of borrowing by certain statutory bodies; to make provision, for financial year 2006/07, for authorising the payment of sums out of the Fund on a temporary basis; and for connected purposes. (SP Bill 34) (Budget Bill)

Introduced by: Mr Tom McCabe

Supported by: Mr Jack McConnell, Mr Jim Wallace, Ms Margaret Curran

Accompanying documents (SP Bill 34-AD) were printed to accompany the Bill.

Abolition of NHS Prescription Charges (Scotland) Bill —A Bill for an Act of the Scottish Parliament to abolish National Health Service prescription charges for the provision of drugs, medicines and appliances or pharmaceutical services in respect of Scottish prescriptions; and for connected purposes. (SP Bill 35) (Member’s Bill)

Introduced by: Colin Fox

Explanatory Notes (and other accompanying documents) (SP Bill 35-EN) and a Policy Memorandum (SP Bill 35-PM) were printed to accompany the Bill.

Subordinate Legislation

Affirmative Instruments

The following instrument was laid before the Parliament on 20 January 2005 for approval by resolution

The Local Government Finance ( Scotland) Order 2005 (SSI 2005/19)

laid under paragraph 2(3) of Schedule 12 to the Local Government Finance Act 1992

The following instrument was laid in draft before the Parliament on 20 January 2005 for approval by resolution

The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005

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

Negative Instruments

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

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

The following documents were laid before the Parliament on 20 January 2005 and are not subject to any Parliamentary procedure—

The Local Government Finance ( Scotland) Order 2005: Report by the Scottish Ministers (SE/2005/10)

laid under paragraph 2(3) of Schedule 12 to the Local Government Finance Act 1992

Scottish Prison Service, Correctional Opportunities for Prisoners: A main report and key findings summary prepared for the Auditor General for Scotland (AGS/2005/1)

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

Committee Reports

The following Report was published on 20 January 2005

Justice 2 Committee , 2nd Report 2005 (Session 2):Report on Subordinate Legislation (SP Paper 272)