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MINUTES OF PROCEEDINGS

Vol. 2, No. 46 Session 2

Meeting of the Parliament

Wednesday 26 January 2005

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

The meeting opened at 2.15 pm.

1. Time for Reflection: Dr Kenneth Collins, President, Glasgow Jewish representative Council led Time for Reflection.

2. SPCB Question Time: Questions were answered by members of the Scottish Parliamentary Corporate Body.

3. Older People: The Deputy Minister for Communities (Johann Lamont) moved S2M-2298—That the Parliament recognises the contribution that older people bring to our communities; recognises the substantial progress that has been made in meeting the needs of older people through policies such as free personal and nursing care, the central heating programme and free bus travel anywhere in Scotland at any time of day; welcomes other policy initiatives that benefit older people by promoting volunteering and lifelong learning and tackling anti-social behaviour; seeks to build on these by recognising the diversity of older people and tackling ageism, and welcomes the involvement of older people through the Older People’s Consultative Forum, and in other ways, in the development of policy across the Scottish Executive.

Christine Grahame moved amendment S2M-2298.1 to motion S2M-2298—

Leave out from second “recognises” to end and insert—

“for example, as role models, carers and volunteers; recognises the progress that has been made through policies such as free personal care, the central heating programme and the commitment to national free bus travel by 2006; considers, however, that the state pension is inadequate for a basic living standard and requires to be supplemented by the means-tested pension credit which some 30% of pensioners fail to claim; notes that one in five pensioners live in poverty, with some 70% in council tax poverty, and that excess winter mortality rates are three times higher in Scotland than in Germany and Sweden, and asserts that, without an increase in the powers of the Parliament to deliver a citizen’s pension providing a decent standard of living which will bring security, dignity, independence and choice, improvements to the lives of Scotland’s elderly can only be at the margins.”

After debate, the amendment was disagreed to ((DT) by division: For 40, Against 82, Abstentions 0).

Mary Scanlon moved amendment S2M-2298.3 to motion S2M-2298—

Leave out from second “recognises” to end and insert—

“acknowledges that substantial progress needs to be made to meet the needs of older people which achieves a sustainable funding agreement to reduce bed-blocking and to end the inequality in funding between council-run homes and independent homes; calls on the Scottish Executive to ensure that all elderly people assessed for free personal and nursing care are given the appropriate care in the environment which suits their needs, either at home or in residential care; acknowledges the central heating programme and free bus travel anywhere in Scotland; looks to the Executive to propose policy initiatives that benefit older people by promoting volunteering and lifelong learning and tackling anti-social behaviour, and calls on the Executive to build on these by recognising the diversity of older people and tackling ageism and encouraging the greater involvement of older people through the Older People’s Consultative Forum, and in other ways, in the development of policy across the Scottish Executive.”

After debate, the amendment was disagreed to ((DT) by division: For 44, Against 71, Abstentions 7).

John Swinburne moved amendment S2M-2298.2 to motion S2M-2298—

Insert at end—

“, accepts that, despite these actions, there remains a growing problem of the ageing population demographic timebomb and believes that, without immediate, positive Executive action, many older people will continue to be adversely affected and die in this wealthy society in the 21 st century.”

After debate, the amendment was disagreed to ((DT) by division: For 40, Against 65, Abstentions 17).

The motion was then agreed to ((DT) by division: For 86, Against 0, Abstentions 35).

4. Railways Bill – UK Legislation: The Minister for Transport (Nicol Stephen) moved S2M-2244—That the Parliament agrees that those provisions that confer executive powers and functions on the Scottish Ministers in the Railways Bill and those that relate to devolved matters should be considered by the UK Parliament.

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

5. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2316—That the Parliament agrees the following programme of business—

Wednesday 2 February 2005

2.00 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 Motion on Serious Organised Crime and Police Bill – UK Legislation

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 Ministerial Statement: Grant Awards

followed by Executive Debate: Local Government Finance ( Scotland) Order 2005

followed by Motion on Inquiries Bill – UK Legislation

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 9 February 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Water Services ( Scotland) Bill

followed by Stage 3 Proceedings: Budget ( Scotland) (No.2) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 10 February 2005

9.30 am Parliamentary Bureau Motions

followed by Non-Executive 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

After debate, the motion was agreed to (by division: For 65, Against 56, Abstentions 1).

6. Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2303—That the Parliament agrees that Mike Pringle be appointed to replace Mr Jamie Stone on the Enterprise and Culture Committee.

The motion was agreed to (DT).

7. Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2304—That the Parliament agrees that Iain Smith be appointed to the European and External Relations Committee.

The motion was agreed to (DT).

8. Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2305—That the Parliament agrees that Mr Andrew Arbuckle be appointed to replace Jeremy Purvis on the Finance Committee.

The motion was agreed to (DT).

9. Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2306—That the Parliament agrees that Mr Jamie Stone be appointed to replace Margaret Smith on the Justice 1 Committee.

The motion was agreed to (DT).

10. Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2307—That the Parliament agrees that Jeremy Purvis be appointed to replace Mike Pringle on the Justice 2 Committee.

The motion was agreed to (DT).

11. Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2308—That the Parliament agrees that Margaret Smith be appointed to replace Iain Smith on the Local Government and Transport Committee.

The motion was agreed to (DT).

12. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2309—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the draft Land Reform ( Scotland) Act 2003 (Modification) Order 2005.

The motion was agreed to (DT).

13. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2310—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Sexual Offences Act 2003 (Prescribed Police Stations) ( Scotland) Amendment Regulations 2005 (SSI 2005/9).

The motion was agreed to (DT).

14. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2313—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the draft Remote Monitoring Requirements (Prescribed Courts) ( Scotland) Regulations 2005.

The motion was agreed to (DT).

15. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2301—That the Parliament agrees that the draft Council Tax (Discount for Unoccupied Dwellings) ( Scotland) Regulations 2005 be approved.

The motion was agreed to (DT).

16. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2302—That the Parliament agrees that the draft Scotland Act 1998 (Modifications to Schedule 5) Order 2005 be approved.

The motion was agreed to (DT).

17. Decision Time: The Parliament took decisions on items 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 as noted above.

18. St Mirren Football Club: The Parliament debated S2M-2065 in the name of Ms Wendy Alexander—That the Parliament congratulates St Mirren Football Club for issuing a lifetime ban to two supporters caught making racial taunts at opposition players during a Scottish Football League (SFL) Division One fixture at St Mirren Park; recognises that St Mirren’s prompt action highlights that the club is serious about implementing the measures contained within UEFA’s 10 point action plan to combat racism in the sport; hopes that the players and staff of other SFL clubs follow in St Mirren’s footsteps for similar incidents, and welcomes remarks from the manager and chairman that St Mirren Football Club is a family-friendly club and this type of behaviour will not be tolerated.

The meeting closed at 5.52 pm.

P E Grice
Clerk of the Parliament
26 January 2005

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

New Bills introduced or reprinted on 25 January 2005

Fire ( Scotland) Bill —The Bill was reprinted as amended at Stage 2. (SP Bill 24A) (Executive Bill)

Subordinate Legislation

Affirmative Instruments

The following instrument was laid before the Parliament on 24 January 2005 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) ( Scotland) Order 2005 (SSI 2005/34)

laid under section 1(8) of the Food and Environment Protection Act 1985

Negative Instruments

The following instrument was laid before the Parliament on 21 January 2005 and is subject to annulment

The Conservation of Salmon (Esk Salmon Fishery District) Regulations 2005 (SSI 2005/24)

laid under section 10D(1) of the Salmon Act 1986

The following instrument was laid before the Parliament on 24 January 2005 and is subject to annulment

The Parking Attendants (Wearing of Uniforms) ( South Lanarkshire Council Parking Area) (No. 2) Regulations 2005 (SSI 2005/35)

laid under section 142 of the Road Traffic Regulation Act 1984

The following instrument was laid before the Parliament on 25 January 2005 and is subject to annulment

The Conservation of Salmon (River Annan Salmon Fishery District) Regulations 2005 (SSI 2005/37)

laid under section 10D(1) of the Salmon Act 1986

The following instrument was laid before the Parliament on 26 January 2005 and is subject to annulment

The Potatoes Originating in Egypt ( Scotland) Amendment Regulations 2005 (SSI 2005/39)

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

Other Documents

The following document was laid before the Parliament on 24 January 2005 and is not subject to any Parliamentary procedure

UK Sport: Supporting Elite Athletes Session 2004-05 (SE/2005/9)

laid under section 6 of the National Audit Act 1983

The following document was laid before the Parliament on 26 January 2005 and is not subject to any Parliamentary procedure

Statistical Bulletin: Criminal Justice Social Work Statistics 2003-04 (SE/2005/12)

Committee Reports

The following reports were published on 25 January 2005—

Health Committee, 2nd Report 2005 ( Session 2): Reshaping the NHS?: Workforce Planning in the National Health Service in Scotland (SP Paper 275)

Local Government and Transport Committee, 1st Report 2005 (Session 2): Report on the Railways Bill - UK Legislation (SP Paper 276)

 The following reports were published on  26 January 2005—

Local Government and Transport Committee, 2nd Report 2005 (Session 2): Report on Subordinate Legislation (SP Paper 278)

Education Committee, 2nd Report 2005 (Session 2): Stage 1 Report on the Gaelic Language ( Scotland) Bill (SP Paper 274)