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Meeting of the Parliament

Thursday 3 March 2005

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

The meeting opened at 9.30 am.

1. School Meals and Our Children’s Future: Frances Curran moved S2M-2507—That the Parliament notes that all serious nutritionists are predicting that obesity will double in Scotland over the next 10 years, causing a health crisis which will dramatically increase demand for health services and lower average life expectancy; therefore endorses the principle that radical action is required to tackle Scotland’s diet-related health problems; believes that there can be no better use of Scotland’s resources than to invest in our children’s future, and congratulates the National Assembly for Wales and the city councils of Hull and Glasgow for their action in providing free breakfasts for all primary children and the councils for their further commitment to extending free, nutritious school lunches to all their primary school pupils.

The Deputy Minister for Education and Young People (Euan Robson) moved amendment S2M-2507.3 to motion S2M-2507—

Leave out from “notes” to end and insert —

“commends the work the Scottish Executive is doing to tackle childhood obesity, in particular by significantly improving the nutritional quality of school meals across Scotland; acknowledges the significant investment in children’s health represented by Hungry for Success, the Executive’s programme of activity around school meals and food in schools; recognises the action taken by the Executive to promote physical activity, by amongst other means, the employment of 400 additional physical education teachers and 600 active sports co-ordinators, and welcomes the Executive’s commitment to continue investing in a high-quality and attractive school meals service to equip pupils with healthy eating habits for life and in initiatives to improve opportunities for physical exercise in daily life and sporting and recreational settings.”

Fiona Hyslop moved amendment S2M-2507.1 to motion S2M-2507—

Leave out from “and the councils” to end and insert—

“and calls on the Scottish Executive to support the piloting of nutritious free school meals in P1 to 3 in order to provide evidence of the potential benefits of such a policy and practical evidence of delivery and as part of a comprehensive plan to tackle health and fitness in young people covering issues of palate in the early years, health, education and sport to encourage Scottish children to become fit, healthy young Scots.”

Eleanor Scott moved amendment S2M-2507.2 to motion S2M-2507—

Insert at end —

“further commends the Food for Life pilot programme which is delivering not only healthy, local organic school meals, but also a range of educational activities which reconnect children with a healthy food culture and with how their food is produced, and calls on the Scottish Executive to make a commitment to supporting locally-produced GM-free organic food for school meals provision in Scotland”.

After debate, amendment S2M-2507.3 was agreed to ((DT) by division: For 77, Against 31, Abstentions 6). As a result, amendment S2M-2507.1 was pre-empted.

Amendment S2M-2507.2 was then disagreed to ((DT) by division: For 52, Against 62, Abstentions 0).

The motion, as amended was then agreed to ((DT) by division: For 79, Against 1, Abstentions 34).

Accordingly, the Parliament resolved—That the Parliament commends the work the Scottish Executive is doing to tackle childhood obesity, in particular by significantly improving the nutritional quality of school meals across Scotland; acknowledges the significant investment in children’s health represented by Hungry for Success, the Executive’s programme of activity around school meals and food in schools; recognises the action taken by the Executive to promote physical activity, by amongst other means, the employment of 400 additional physical education teachers and 600 active sports co-ordinators, and welcomes the Executive’s commitment to continue investing in a high-quality and attractive school meals service to equip pupils with healthy eating habits for life and in initiatives to improve opportunities for physical exercise in daily life and sporting and recreational settings.

2. The Right to Protest at Gleneagles: Colin Fox moved S2M-2506—That the Parliament puts on record its support for Article 20 of the UN Universal Declaration of Human Rights, that “everyone has the right to freedom of peaceful assembly and association”; notes that the G8 summit will be meeting in Gleneagles in July this year, and resolves to uphold and support the right to peaceful assembly and protest in Scotland, in particular in Edinburgh at the Make Poverty History demonstration and at the summit itself in Gleneagles.

The Minister for Public Service Reform (Mr Tom McCabe) moved amendment S2M-2506.4 to motion S2M-2506—

Insert at end—

“; further recognises that protestors have responsibilities to uphold the law and deplores calls by an unrepresentative minority to use the occasion to engage in unlawful and violent activity; pledges full endorsement of the work of the Scottish Police Service to ensure public safety and order and facilitate peaceful protest; welcomes the tremendous opportunity presented by the G8 to show to a watching world everything that is good about Scotland and Scotland’s people, and acknowledges that the summit is also an opportunity to encourage debate, raise awareness and challenge people within Scotland about the key issues of poverty in Africa and climate change.”

After debate, the amendment was agreed to ((DT) by division: For 103, Against 5, Abstentions 6).

Roseanna Cunningham moved amendment S2M-2506.2 to motion S2M-2506—

Leave out from “notes that the G8 Summit” to end and insert—

“notes that the G8 Summit will be meeting in Strathearn in July this year; resolves to uphold and support the right to peaceful assembly and protest in Scotland, in particular in Edinburgh at the Make Poverty History demonstration and at the summit itself in Strathearn; recognises, however, that those who reside close to the location of the G8 summit also have the right to privacy and to be able to pursue their lives and livelihoods free from harassment from whatever quarter, and considers that the important issues to be debated at the summit should be given as much publicity and consideration as the reported security arrangements.”

After debate, the amendment was disagreed to ((DT) by division: For 37, Against 77, Abstentions 0).

Phil Gallie moved amendment S2M-2506.1 to motion S2M-2506—

Insert at end—

“and calls on the Scottish Executive to ensure that suitable measures are taken to deter those who seek to abuse such rights through disorderly behaviour and by causing damage to property as well as thwarting the peaceful expression of views by those who attend in good faith.”

After debate, the amendment was, with the approval of the Parliament, withdrawn.

The motion, as amended was then agreed to ((DT) by division: For 103, Against 1, Abstentions 10).

Accordingly, the Parliament resolved—That the Parliament puts on record its support for Article 20 of the UN Universal Declaration of Human Rights, that “everyone has the right to freedom of peaceful assembly and association”; notes that the G8 summit will be meeting in Gleneagles in July this year, and resolves to uphold and support the right to peaceful assembly and protest in Scotland, in particular in Edinburgh at the Make Poverty History demonstration and at the summit itself in Gleneagles; further recognises that protestors have responsibilities to uphold the law and deplores calls by an unrepresentative minority to use the occasion to engage in unlawful and violent activity; pledges full endorsement of the work of the Scottish Police Service to ensure public safety and order and facilitate peaceful protest; welcomes the tremendous opportunity presented by the G8 to show to a watching world everything that is good about Scotland and Scotland’s people, and acknowledges that the summit is also an opportunity to encourage debate, raise awareness and challenge people within Scotland about the key issues of poverty in Africa and climate change.”

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

4. Question Time: Questions were answered by the Minister for Environment and Rural Development (Ross Finnie); by the Minister for Health and Community Care (Mr Andy Kerr); and by other Ministers and junior Scottish Ministers.

5. Prohibition of Female Genital Mutilation (Scotland) Bill: The Minister for Justice (Cathy Jamieson) moved S2M-2350—That the Parliament agrees to the general principles of the Prohibition of Female Genital Mutilation (Scotland) Bill.

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

6. Edinburgh Tram (Line One) Bill: Financial Resolution: The Minister for Finance and Public Service Reform ( Mr Tom McCabe) moved S2M-2455—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Edinburgh Tram (Line One) Bill, agrees to any expenditure of a kind referred to in Rule 9A.14.3(b)(ii) of the Parliament’s Standing Orders arising in consequence of the Act.

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

7. Edinburgh Tram (Line Two) Bill: Financial Resolution: The Minister for Finance and Public Service Reform (Mr Tom McCabe) moved S2M-2456—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Edinburgh Tram (Line Two) Bill, agrees to any expenditure of a kind referred to in Rule 9A.14.3(b)(ii) of the Parliament’s Standing Orders arising in consequence of the Act.

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

8. Business Motion: The Minister for Parliamentary Business (Ms Margaret Curran), on behalf of the Parliamentary Bureau, moved S2M-2493—That the Parliament agrees that the Justice 1 Committee report to the Justice 2 Committee by 1 April 2005 on the Police (Retention and Disposal of Motor Vehicles) (Scotland) Regulations 2005 (SSI 2005/80).

The motion was agreed to.

9. Change of Decision Time: The Minister for Parliamentary Business (Ms Margaret Curran), on behalf of the Parliamentary Bureau, moved, without notice that Decision Time on Thursday 3 March 2005 be taken at 4.40 pm.

The motion was agreed to.

10. Decision Time: The Parliament took decisions on items 1, 2, 5, 6, and 7 as noted above.

11. Renfrew and Inverclyde Scout Association - Lapwing Lodge: Bruce McFee moved S2M-2225—That the Parliament recognises the good works carried out by voluntary organisations in Scotland; notes that Renfrew and Inverclyde Scout Association, supported by East Renfrewshire Council, has made a funding application to the Scottish Rural Partnership Fund – Local Capital Grants Scheme for the modernisation of facilities at Lapwing Lodge, Renfrewshire, to increase the flexibility of the facility and allow a wider range of groups to access Lapwing, beyond the 40% usage currently enjoyed by community groups, and to ensure the long-term sustainability of this outdoor centre for the next 25 years and beyond; recognises the value of such centres, and consequently wishes Renfrew and Inverclyde Scout Association every success in its funding application.

The meeting closed at 5.27 pm .

P E Grice
Clerk of the Parliament
3 March 2005

Appendix

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

New Bills introduced or reprinted on 2 March 2005

Environmental Assessment (Scotland) Bill —A Bill for an Act of the Scottish Parliament to make provision for the assessment of the environmental effects of certain plans and programmes, including plans and programmes to which Directive 2001/42/EC of the European Parliament and of the Council relates; and for connected purposes. (SP Bill 38) (Executive Bill)

Introduced by: Ross Finnie

Explanatory Notes (and other accompanying documents) (SP Bill 38-EN) and a Policy Memorandum (SP Bill 38-PM) were printed to accompany the Bill.

Gaelic Language (Scotland) Bill —The Bill was reprinted as amended at Stage 2. (SP Bill 25A) (Executive Bill)

Subordinate Legislation

Affirmative Instruments

The following instrument was laid in draft before the Parliament on 3 March 2005 for approval by resolution

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Revocation Order 2005

laid under section 6(7) and 35(2) of the Local Government (Scotland) Act 1975

Negative Instruments

The following instruments were laid before the Parliament on 3 March 2005 and are subject to annulment—

The Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Order 2005 (SSI 2005/103)—

The Non-Domestic Rating (Former Agricultural Premises) (Scotland) Order 2005 (SSI 2005/104)—

laid under section 8 of the Local Government and Rating Act 1997

The Valuation (Stud Farms) (Scotland) Order 2005 (SSI 2005/105)

laid under section 8 of the Local Government and Rating Act 1997 and section 7B(3) of the Valuation and Rating Act 1956

The Antisocial Behaviour (Fixed Penalty Offence) (Prescribed Area) (Scotland) Regulations 2005 (SSI 2005/106)—

The Antisocial Behaviour (Amount of Fixed Penalty) (Scotland) Order 2005 (SSI 2005/110)—

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

The Police Grant (Scotland) Order 2005 (SSI 2005/107)

laid under section 32(8) of the Police (Scotland) Act 1967

The Health Boards (Membership and Procedure) (Scotland) Amendment Regulations 2005 (SSI 2005/108)—

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2005 (SSI 2005/124)—

laid under section 105(2) of the National Health Service (Scotland) Act 1978

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2005 (SSI 2005/109)—

The Feeding Stuffs (Establishments and Intermediaries) Amendment (Scotland) Regulations 2005 (SSI 2005/116)—

The Agricultural Subsidies (Appeals) (Scotland) Amendment Regulations 2005 (SSI 2005/117)—

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

The Advice and Assistance (Scotland) Amendment Regulations 2005 (SSI 2005/111)—

The Civil Legal Aid (Scotland) Amendment Regulations 2005 (SSI 2005/112)—

The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2005 (SSI 2005/113)—

laid under section 37(1) of the Legal Aid (Scotland) Act 1986

The Community Care (Direct Payments) (Scotland) Amendment Regulations 2005 (SSI 2005/114)

laid under section 90(2) of the Social Work (Scotland) Act 1968

The NHS Quality Improvement Scotland (Amendment) Order 2005 (SSI 2005/115)—

The NHS Quality Improvement Scotland (Establishment of the Scottish Health Council) Regulations 2005 (SSI 2005/120)—

laid under section 105(3) of the National Health Service (Scotland) Act 1978

The National Health Service (Service Committees and Tribunal) (Scotland) Amendment Regulations 2005 (SSI 2005/118)—

The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2005 (SSI 2005/119)—

The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2005 (SSI 2005/128)—

laid under section 105(2) of the National Health Service (Scotland) Act 1978

The National Health Service (Dental Charges) (Scotland) Amendment Regulations 2005 (SSI 2005/121)

laid under section 105(2) of the National Health Service (Scotland) Act 1978 and section 39(4) of the National Health Service (Primary Care) Act 1997

The Dissolution of Local Health Councils (Scotland) Order 2005 (SSI 2005/122)

laid under section 8(2) of the National Health Service Reform (Scotland) Act 2004

The Road Traffic (NHS Charges) Amendment (Scotland) Regulations 2005 (SSI 2005/123)

laid under section 16(2) of the Road Traffic (NHS Charges) Act 1999

The Gender Recognition (Disclosure of Information) (Scotland) Order 2005 (SSI 2005/125)

laid under section 24(5) of the Gender Recognition Act 2004

The Non-Domestic Rates (Levying) (Scotland) Regulations 2005 (SSI 2005/126)—

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 (SSI 2005/127)—

laid under section 153 of the Local Government etc. (Scotland) Act 1994

The Intensive Support and Monitoring (Scotland) Regulations 2005 (SSI 2005/129)

laid under section 70 of the Children (Scotland) Act 1995

Other Documents

The following document was laid before the Parliament on 3 March 2005 and is not subject to any Parliamentary procedure

The Police Grant (Scotland) Order 2005 Report (SE/2005/24)

laid under section 32(9) of the Police (Scotland) Act 1967 as read with section 121(2) of the Crime and Punishment (Scotland) Act 1997

Committee Reports

The following Reports were published on 3 March 2005—

Enterprise and Culture Committee, 1st Report 2005: Report on Arts in the Community (SP Paper 302)

Enterprise and Culture Committee, 2nd Report 2005: Report on Subordinate Legislation (SP Paper 303)