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Meeting of the Parliament

Wednesday 9 February 2005

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Mr Rawdon Goodier, Zen Buddhist Lay Minister affiliated to Portobello Buddhist Priory led Time for Reflection.

2. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2400—That the Parliament agrees the following revision to the programme of business for Wednesday 9 and Thursday 10 February 2005—

Wednesday 9 February 2005

after,

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

insert, Ministerial Statement: Scottish Water’s Objectives

Thursday 10 February 2005

leave out,

3.00 pm Ministerial Statement: Scottish Water’s Objectives

The motion was agreed to.

3. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2401—That the Parliament agrees that, during Stage 3 of the Water Services etc. (Scotland) Bill, debate on groups of amendments shall, subject to Rule 9.8.4A, be brought to a conclusion by the time-limits indicated (each time-limit being calculated from when the Stage begins and excluding any periods when other business is under consideration or when the meeting of the Parliament is suspended or otherwise not in progress):

Groups 1 to 4 – 20 minutes

Group 5 – 40 minutes

The motion was agreed to.

4. Water Services etc. (Scotland) Bill – Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 1, 2, 3, 8, 9, 10, 22, 23, 11, 12, 13, 14, 15, 16, 21, 17 and 18.

The following amendments were agreed to (by division)—

4 (For 81, Against 2, Abstentions 0)

5, 6 and 7 (For 86, Against 3, Abstentions 0)

The following amendments were disagreed to (by division)—

19 (For 6, Against 89, Abstentions 0)

Amendment 20 was not moved.

5. Water Services etc. (Scotland) Bill – Stage 3: The Minister for Environment and Rural Development (Ross Finnie) moved S2M-2349—That the Parliament agrees that the Water Services etc. (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 93, Against 21, Abstentions 0).

6. Budget (Scotland) (No.2) Bill – Stage 3: The Minister for Finance and Public Service Reform (Mr Tom McCabe) moved S2M-2359—That the Parliament agrees that the Budget (Scotland) (No.2) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 87, Against 14, Abstentions 14).

7. Ministerial Statement: The Deputy Minister for Environment and Rural Development (Lewis Macdonald) made a statement and answered questions on Scottish Water’s Objectives.

8. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2391—That the Parliament agrees that the timetable for consideration of the Preliminary Stage of the Edinburgh Tram (Line One) Bill be extended to 5 March 2005.

The motion was agreed to.

9. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2399—That the Parliament agrees the following programme of business—

Wednesday 23 February 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Fire (Scotland) Bill

followed by Preliminary Stage Debate: Edinburgh Tram (Line Two) Bill

followed by Motion on International Organisations Bill – UK Legislation

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 24 February 2005

9.30 am Parliamentary Bureau Motions

followed by Scottish Green Party Debate: Energy Efficiency

followed by Scottish Green 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 Procedures Committee Debate: 2nd Report 2005, Final Review of Oral Questions

followed by Standards Committee Debate: 1st Report 2005, Replacing the Members’ Interest Order

followed by Motion on Disability Discrimination Bill – UK Legislation

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 2 March 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Business

followed by Preliminary Stage Debate: Edinburgh Tram (Line One) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 3 March 2005

9.30 am Parliamentary Bureau Motions

followed by Scottish Socialist 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.

10. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2389—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Scotland) Order 2005 (SSI 2005/34) be approved.

The motion was agreed to ((DT) by division: For 73, Against 21, Abstentions 22).

11. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2390—That the Parliament agrees that the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 be approved.

The motion was agreed to.

12. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved motion S2M-2394—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the European Communities (Matrimonial and Parental Responsibility Jurisdiction and Judgments) (Scotland) Regulations 2005 (SSI 2005/42).

The motion was agreed to.

13. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved motion S2M-2395—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of Part 1 Land Reform (Scotland) Act 2003: Draft Guidance for Local Authorities and National Park Authorities (SE/2005/14).

The motion was agreed to.

14. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved motion S2M-2396—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Community Reparation Orders (Requirements for Consultation and Prescribed Activities) (Scotland) Regulations 2005 (SSI 2005/18).

The motion was agreed to.

15. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved motion S2M-2397—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Family Law (Scotland) Bill.

The motion was agreed to.

16. Decision Time: The Parliament took decisions on items 5, 6, 10, 11, 12, 13, 14 and 15 as noted above.

17. Responsible Deer Management: The Parliament debated S2M-2317 in the name of Nora Radcliffe—That the Parliament notes the collaborative work on responsible deer management being undertaken in Scotland and the vital role of deer management groups and their use of the Deer Commission for Scotland’s best practice guidance; acknowledges the importance of culling deer using such guidance to avoid poor condition of deer in late winter and unnecessary death by starvation or as a consequence of inadequate habitat and shelter to support them; notes the support of the Scottish Society for the Prevention of Cruelty to Animals in ensuring that culling is carried out professionally and humanely; recognises the contribution that sustainable deer management can make to sustaining rural development, with increased rural employment and public benefits such as habitat regeneration, enhanced biodiversity and reducing risk of road accidents; considers that deer management groups should take the issue forward constructively, implementing deer management planning and setting targets that can be monitored to ensure progress, and concludes that deer management groups should be supported by representation from wider public interests, including local community, recreational and conservation interests, which would be particularly useful during preparation and review of deer management plans.

The meeting closed at 5:51 pm.

P E Grice
Clerk of the Parliament
9 February 2005

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

New Bills introduced or reprinted on 7 February 2005

Family Law (Scotland) Bill —A Bill for an Act of the Scottish Parliament to amend the law in relation to marriage, divorce and the jurisdiction of the courts in certain consistorial actions; to amend the Matrimonial Homes (Family Protection) (Scotland) Act 1981; to amend the law relating to the domicile of persons who are under 16 years of age; to make further provision as respects responsibilities and rights in relation to children; to make provision conferring rights in relation to property, succession and claims in damages for persons living, or having lived, together as if husband and wife; to amend Part 3 of the Civil Partnership Act 2004; to make provision in relation to certain rules of private international law relating to family law; to make incompetent actions for declarator of freedom and putting to silence; and for connected purposes. (SP Bill 36) (Executive Bill)

Introduced by: Cathy Jamieson

Supported by: Peter Peacock, Malcolm Chisholm

Explanatory Notes (and other accompanying documents) (SP Bill 36-EN) and a Policy Memorandum (SP Bill 36-PM) were printed to accompany the Bill.

Subordinate Legislation

Negative Instruments

The following instrument was laid before the Parliament on 7 February 2005 and is subject to annulment

The Housing Revenue Account General Fund Contribution Limits (Scotland) Order 2005 (SSI 2005/62)

laid under section 204(3) of the Housing (Scotland) Act 1987

The following instrument was laid before the Parliament on 8 February 2005 and is subject to annulment

The Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 2005 (SSI 2005/63)

laid under section 104(1) of the Control of Pollution Act 1974

The following instrument was laid before the Parliament on 9 February 2005 and is subject to annulment

The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2005 (SSI 2005/64)

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

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 4 February 2005 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No. 3) (Scotland) Order 2004 Revocation Order 2005 (SSI 2005/56)

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

Other Documents

The following document was laid before the Parliament on 8 February 2005 and is not subject to any Parliamentary procedure

The Food Standards Agency Annual Report and Accounts 2003-04 (SE/2005/04)

laid under section 4 of the Food Standards Act 1999 

Committee Reports

The following reports were published on 8 February 2005—

Public Petitions Committee, 1st Report 2005: Resubmission of Public Petitions (SP Paper 286)

Subordinate Legislation Committee, 4th Report 2005 (Session 2): Report on Water Services etc. (Scotland) Bill at stage 2 (SP Paper 288)  

The following reports were published on 9 February 2005—

Edinburgh Tram (Line Two) Bill Committee, 1st Report 2005 (Session 2): Preliminary Stage Report on the Edinburgh Tram (Line Two) Bill (SP Paper 285)

Procedures Committee, 2nd Report 2005 (Session 2): Final Review of Oral Questions (SP Paper 287)

Subordinate Legislation Committee, 5th Report 2005 (Session 2): Report on the Budget (Scotland) (No.2) Bill as introduced (SP Paper 290)