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Meeting of the Parliament

2 March 2005

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Rev Fraser Aitken, Church of Scotland, Ayr led Time for Reflection.

2. Transport ( Scotland) Bill – Stage 1: The Minister for Transport (Nicol Stephen) moved S2M-2351—That the Parliament agrees to the general principles of the Transport ( Scotland) Bill.

After debate, the motion was agreed to ((DT) by division: For 73, Against 18, Abstentions 31).

3. Transport ( Scotland) Bill - Financial Resolution: The Minister for Transport (Nicol Stephen) moved S2M-2338—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Transport ( Scotland) Bill, agrees to —

(a) any expenditure of a kind referred to in paragraph 3(b)(ii) of Rule 9.12 of the Parliament’s Standing Orders;
(b) any increase in expenditure of a kind referred to in paragraph 3(b)(iii) of that Rule; and
(c) any payments in relation to which paragraph 4 of that Rule applies, arising in consequence of the Act.

The motion was agreed to (DT).

4. Edinburgh Tram (Line One) Bill - Preliminary Stage: Jackie Baillie moved S2M-2459—That the Parliament agrees to the general principles of the Edinburgh Tram (Line One) Bill and that the Bill should proceed as a Private Bill.

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

5. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2503—That the Parliament agrees the following programme of 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 – Debate on the subject of S2M-1900 Margaret Mitchell: Deafblindness

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 Debate: Infrastructure Investment Plan

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 16 March 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Committee Business

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 17 March 2005

9.30 am Parliamentary Bureau Motions

followed by Conservative 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 Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

6. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2490—That the Parliament agrees that the draft Scotland Act 1998 (Modifications of Schedule 5) (No.2) Order 2005 be approved.

The motion was agreed to (DT).

7. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2491—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.2) ( Scotland) Order 2005 (SSI 2005/69) be approved.

After debate, the motion was agreed to ((DT) by division: For 75, Against 24, Abstentions 24).

8. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2492—That the Parliament agrees that the draft Budget ( Scotland) Act 2004 Amendment Order 2005 be approved.

The motion was agreed to (DT).

9. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2494—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Police (Retention and Disposal of Motor Vehicles) ( Scotland) Regulations 2005 (SSI 2005/80).

The motion was agreed to (DT).

10. Referral at Stage 1: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2495—That the Parliament agrees that the Local Government and Transport Committee be designated as lead committee, and that the Justice 2 Committee be designated as secondary committee, in consideration of the Licensing ( Scotland) Bill at Stage 1.

The motion was agreed to (DT).

11. Decision Time: The Parliament took decisions on items 2, 3, 4, 6, 7, 8, 9 and 10 as noted above.

12. Fairtrade Fortnight: The Parliament debated S2M-2387 in the name of Christine May—That the Parliament recognises that Fairtrade Fortnight will take place between 1 and 13 March 2005; supports this important series of events in raising awareness of the need to provide workers and producers in Third World countries with a better deal in return for their produce; congratulates the growing number of towns and organisations which have succeeded in achieving the Fairtrade mark; notes that more Fairtrade products are being bought by individuals and used within businesses, and encourages all MSPs and consumers to participate in these events which will help protect the livelihood of small farmers and producers who too often face exploitation.

The meeting closed at 5.51 pm.

P E Grice
Clerk of the Parliament
2 March 2005

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

New Bills introduced or reprinted on 28 February 2005

Licensing (Scotland) Bill —A Bill for an Act of the Scottish Parliament to make provision for regulating the sale of alcohol, and for regulating licensed premises and other premises on which alcohol is sold; and for connected purposes. (SP Bill 37) (Executive Bill)

Introduced by: Mr Tom McCabe
Supported by: Tavish Scott

Explanatory Notes (and other accompanying documents) (SP Bill 37-EN) and a Policy Memorandum (SP Bill 37-PM) were printed to accompany the Bill.

New Bills introduced or reprinted on 1 March 2005

Further and Higher Education ( Scotland) Bill —The Bill was reprinted as amended at Stage 2. (SP Bill 26A) (Executive Bill)

Subordinate Legislation

Negative Instruments

The following instruments were laid before the Parliament on 25 February 2005 and are subject to annulment—

The National Assistance (Assessment of Resources) Amendment ( Scotland) Regulations 2005 (SSI 2005/82)—

The National Assistance (Sums for Personal Requirements) ( Scotland) Regulations 2005 (SSI 2005/84)—

laid under section 63(3) of the National Assistance Act 1948

The following instruments were laid before the Parliament on 28 February 2005 and are subject to annulment—

The Water Environment (Drinking Water Protected Areas) ( Scotland) Order 2005 (SSI 2005/88)

laid under section 36(4) of the Water Environment and Water Services ( Scotland) Act 2003

The Sea Fishing (Restriction on Days at Sea) ( Scotland) Order 2005 (SSI 2005/90)

laid under section 30(4) of the Fisheries Act 1981.

The following instruments were laid before the Parliament on 1 March 2005 and are subject to annulment—

The Dairy Produce Quotas ( Scotland) Regulations 2005 (SSI 2005/91)

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

The Plastic Materials and Articles in Contact with Food Amendment ( Scotland) Regulations 2005 (SSI 2005/92)—

The Colours in Food Amendment ( Scotland) Regulations 2005 (SSI 2005/94)—

laid under section 48(3) of the Food Safety Act 1990

The Criminal Legal Aid (Fixed Payments) ( Scotland) Amendment Regulations 2005 (SSI 2005/93)

laid under sections 33 and 41A of the Legal Aid ( Scotland) Act 1986

The following instruments were laid before the Parliament on 2 March 2005 and are subject to annulment—

The National Health Service (General Dental Services) ( Scotland) Amendment Regulations 2005 (SSI 2005/95)

laid under section 105(1) of the National Health Service ( Scotland) Act 1978

The Regulation of Care (Excepted Services) ( Scotland) Regulations 2002 Partial Revocation Regulations 2005 (SSI 2005/96)—

The Regulation of Care (Fees) ( Scotland) Order 2005 (SSI 2005/97)—

The Regulation of Care ( Scotland) Act 2001 (Transitional Provisions) Order 2005 (SSI 2005/98)—

laid under section 78(1) of the Regulation of Care ( Scotland) Act 2001

The Births, Deaths, Marriages and Divorces (Fees) ( Scotland) Amendment Regulations 2005 (SSI 2005/100)

laid under section 54(2) of the Registration of Births, Deaths and Marriages ( Scotland) Act 1965

The Pollution Prevention and Control ( Scotland) Amendment Regulations 2005 (SSI 2005/101)

laid under section 2(7) of the Pollution Prevention and Control Act 1999

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 28 February 2005 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 7) ( Scotland) Order 2004 Partial Revocation Order 2005 (SSI 2005/89)

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

The following instrument was laid before the Parliament on 2 March 2005 and is not subject to any Parliamentary procedure

The Representation of the People (Variation of Limits of Candidates’ Local Government Election Expenses) ( Scotland) Order 2005 (SSI 2005/102)

laid under section 76A(3) of the Representation of the People Act 1983

Other Documents

The following document was laid before the Parliament on 28 February 2005 and is not subject to any Parliamentary procedure

Maps for SSI 2005/88: The Water Environment (Drinking Water Protected Areas) ( Scotland) Order 2005 (SE/2005/23)

laid under section 6(2) of the Water Environment and Water Services ( Scotland) Act 2003

The following documents were laid before the Parliament on 2 March 2005 and are not subject to any Parliamentary procedure—

Horticultural Development Council Annual Report and Accounts 2003-04 (SE 2005/19)

laid under section 7 of the Industrial Organisation and Development Act 1947 as amended by the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003

Royal Commission on the Ancient and Historical Monuments of Scotland Annual Review 2003-04 (SE/2005/20)

Committee Reports

The following reports were published on 25 February 2005—

Finance Committee, 1st Report 2005 (Session 2): Report on Subordinate Legislation (SP Paper 299)

Subordinate Legislation Committee, 8th Report 2005 (Session 2): Report on Subordinate Legislation (SP Paper 300)

The following report was published on 2 March 2005

Communities Committee, 1st Report 2005 (Session 2): Stage 1 Report on the Charities and Trustee Investment ( Scotland) Bill (SP Paper 301)