Minutes of Proceedings Vol. 2, No. 52 Session 2
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Meeting of the Parliament

23 February 2005

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Miss Irene Jovaras, Joint Co-ordinator of the Focolare Movement in Scotland led Time for Reflection.

2. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2464—That the Parliament agrees that during Stage 3 of the Fire (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 mins

Groups 5 to 10 – 45 mins

Groups 11 and 12 – 1 hour

The motion was agreed to.

3. Fire ( Scotland) Bill – Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 27, 28, 14, 15, 16, 17, 18, 19, 30, 20, 21, 31, 32, 34, 22, 23, 24, 25 and 26.

The following amendments were disagreed to (by division)—

29 (For 6, Against 90, Abstentions 5)

35 (For 33, Against 70, Abstentions 0)

Amendments 33 and 36 were not moved.

4. Fire ( Scotland ) Bill – Stage 3: The Deputy Minister for Justice ( Hugh Henry) moved S2M-2421—That the Parliament agrees that the Fire ( Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 102, Against 3, Abstentions 4).

5. Edinburgh Tram (Line Two) Bill - Preliminary Stage: Bill Aitken moved S2M-2412—That the Parliament agrees to the general principles of the Edinburgh Tram (Line Two) Bill and that the Bill should proceed as a Private Bill.

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

6. International Organisations Bill - UK Legislation: The Deputy Minister for Justice ( Hugh Henry) moved S2M-2330—That the Parliament recognises the need for the United Kingdom to implement the international obligations for which the International Organisations Bill makes provision, and agrees that those provisions in the Bill that fall within the legislative competence of the Scottish Parliament and have the effect of conferring functions on the Scottish ministers should be considered by the UK Parliament.

After debate, the motion was agreed to ((DT) by division: For 102, Against 5, Abstentions 2).

7. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2457—That the Parliament agrees the following programme of business—

Wednesday 2 March 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 1 Debate: Transport ( Scotland) Bill

followed by Financial Resolution: Transport ( Scotland) Bill

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 Stage 1 Debate: Prohibition of Female Genital Mutilation ( Scotland) Bill

followed by Financial Resolution: Edinburgh Tram (Line One) Bill

followed by Financial Resolution: Edinburgh Tram (Line Two) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 9 March 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 1 Debate: Charities and Trustee Investment ( Scotland) Bill

followed by Financial Resolution: Charities and Trustee Investment ( Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 10 March 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—

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

The motion was agreed to.

8. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2388—That the Parliament agrees that the draft Remote Monitoring Requirements (Prescribed Courts) ( Scotland) Regulations 2005 be approved.

After debate, the motion was agreed to ((DT) by division: For 83, Against 13, Abstentions 12).

9. Committee Remit: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2450—That the Parliament agrees that the remit of the Communities Committee be amended to—

To consider and report on matters relating to housing and area regeneration, poverty, voluntary sector issues, charity law, matters relating to the land use planning system and building standards and such other matters as fall within the responsibility of the Minister for Communities.

The motion was agreed to (DT).

10. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2451—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2005.

The motion was agreed to (DT).

11. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2452—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Advice and Assistance (Financial Conditions) ( Scotland) Regulations 2005.

The motion was agreed to (DT).

12. Designation of Lead Committee: Ms Margaret Curran moved S2M-2453—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Civil Legal Aid (Financial Conditions) ( Scotland) Regulations 2005.

The motion was agreed to (DT).

13. Decision Time: The Parliament took decisions on items 4, 5, 6, 8, 9, 10, 11 and 12 as noted above.

14. Responses to Extreme Weather Conditions in the Western Isles: Alasdair Morrison moved S2M-2357—That the Parliament recognises the ferocious storms which caused tragic loss of life in the Western Isles in January 2005; expresses its gratitude to those who took part in the recovery operations; notes that extensive damage was done to the infrastructure which links the islands; further notes that many homes and businesses have been seriously affected and that Comhairle nan Eilean Siar is leading a multi-agency group to establish the extent and value of the damage caused, and believes that the Scottish Executive should consider whether further assistance can be made available to communities in the Western Isles to cope with these exceptional circumstances, while also initiating an assessment of future infrastructural implications of changing weather patterns for the Western Isles.

The meeting closed at 18.01 pm.

P E Grice
Clerk of the Parliament
23 February 2005

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

Subordinate Legislation

Affirmative Instruments

The following instrument was laid before the Parliament on 14 February 2005 for approval by resolution—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 2) ( Scotland) Order 2005 (SSI 2005/69)

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

Negative Instruments

The following instruments were laid before the Parliament on 11 February 2005 and are subject to annulment—

The Possession of Pesticides ( Scotland) Order 2005 (SSI 2005/66)

laid under section 26(1) of the Wildlife and Countryside Act 1981

The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2005 (SSI 2005/67)

laid under section 20(5) of the Sea Fish (Conservation) Act 1967

The following instrument was laid before the Parliament on 16 February 2005 and is subject to annulment

The Food (Pistachios from Iran) (Emergency Control) ( Scotland) Amendment Regulations 2005 (SSI 2005/70)

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

The following instruments were laid before the Parliament on 18 February 2005 and are subject to annulment—

The Potatoes Originating in the Netherlands (Notification) ( Scotland) Order 2005 (SSI 2005/73)—

The Potatoes Originating in the Netherlands ( Scotland) Revocation Regulations 2005 (SSI 2005/74)—

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

The following instrument was laid before the Parliament on 23 February 2005 and is subject to annulment

The Police (Retention and Disposal of Motor Vehicles) ( Scotland) Regulations 2005 (SSI 2005/80)

laid under section 141(3) of the Antisocial Behaviour etc. ( Scotland) Act 2004

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 14 February 2005 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Nos. 5 and 9) ( Scotland) Orders 2005 Partial Revocation Order 2005 (SSI 2005/68)

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

The following instrument was laid before the Parliament on 16 February 2005 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Partial Revocation ( Scotland) Order 2005 (SSI 2005/71)

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

Other Documents

The following document was laid before the Parliament on 17 February 2005 and is not subject to any Parliamentary procedure

Scottish Children’s Reporter Administration Management Statement and Financial Memorandum 2004 (SE/2005/18)

The following document was laid before the Parliament on 21 February 2005 and is not subject to any Parliamentary procedure

Scottish Law Commission Seventh Programme of Law Reform (SE/2005/2)

laid under section 3(2) of the Law Commissions Act 1965

The following document was laid before the Parliament on 23 February 2005 and is not subject to any Parliamentary procedure

Home Energy Conservation Act Report – Third HECA Progress Report for the Scottish Parliament (SE/2005/16)

Committee Reports

The following report was published on 16 February 2005

Edinburgh Tram (Line One) Bill Committee, 1st Report 2005 (Session 2): Preliminary Stage Report on the Edinburgh Tram (Line One) Bill (SP Paper 289)

The following reports were published on 21 February 2005—

Justice 1 Committee, 3rd Report 2005 (Session 2):Report on Inquiry into the Effectiveness of Rehabilitation in Prisons (SP Paper 291)

Justice 1 Committee, 4th Report 2005 (Session 2):Report on Subordinate Legislation (SP Paper 292)

The following reports were published on  Tuesday 22 February 2005—

Local Government and Transport Committee, 3rd Report 2005 (Session 2): Stage 1 Report on the Transport ( Scotland) Bill (SP Paper 293)

Subordinate Legislation Committee, 6th Report 2005 (Session 2): Report on Subordinate Legislation (SP Paper 295)

The following reports were published on 23 February 2005—

Equal Opportunities Committee, 2nd Report 2005 (Session 2): Stage 1 Report on the Prohibition of Female Genital Mutilation ( Scotland) Bill (SP Paper 294)

Subordinate Legislation Committee, 7th Report 2005 (Session 2):

Fire ( Scotland) Bill as amended at Stage 2 (SP Paper 296)