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Meeting of the Parliament

Wednesday 9 March 2005

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Canon Susan Wiffin, Mission and Ministry Officer, Aberdeen Diocese led Time for Reflection.

2. Charities and Trustee Investment (Scotland) Bill – Stage 1: The Minister for Communities (Malcolm Chisholm) moved S2M-2352—That the Parliament agrees to the general principles of the Charities and Trustee Investment (Scotland) Bill.

Christine Grahame moved amendment S2M-2352.2 to motion S2M-2352—

Insert at end—

“and, in so doing, notes the Scottish Executive’s commitment to protect the National Collections’ charitable status but has concerns that Scotland’s colleges may fall foul of section 7(3)(b), and calls for there to be a clear statement on the face of the Bill of the purpose of a charity, namely that only those organisations which have as their overriding purpose the provision of a benefit to the public should qualify for charitable status, and for the Executive to bring forward appropriate amendments at Stage 2 to this effect.”

After debate, the amendment was disagreed to ((DT) by division: For 39, Against 77, Abstentions 1).

Tommy Sheridan moved amendment S2M-2352.1 to motion S2M-2352—

Insert at end—

“but, in so doing, supports the removal of private and other fee-paying schools from the artificial cover of charitable status which saves these elite institutions thousands of pounds in various taxes every year and calls on the Scottish Executive to bring forward amendments during Stage 2 of the Bill to achieve this objective whilst maintaining the status of independent special schools.”

After debate, the amendment was disagreed to ((DT) by division: For 8, Against 77, Abstentions 32).

The motion was then agreed to (DT).

3. Charities and Trustee Investment (Scotland) Bill - Financial Resolution: The Deputy Minister for Communities (Johann Lamont) moved S2M-2319—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Charities and Trustee Investment ( Scotland) Bill, agrees to any increase in expenditure payable out of the Scottish Consolidated Fund in consequence of the Act.

The motion was agreed to (DT).

4. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2545—That the Parliament agrees the following programme of business—

Wednesday 16 March 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Procedures Committee Debate: 3rd Report 2005, Procedures in relation to the Commissioner for Public Appointments

followed by Executive Debate: Housing

followed by SPCB Motion on Membership of the Scottish Commission for Public Audit

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 Scottish Conservative and Unionist 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 Ministerial Statement on Dentistry

followed by Stage 1 Debate: Protection of Children and Prevention of Sexual Offences (Scotland) Bill

followed by Financial Resolution: Protection of Children and Prevention of Sexual Offences (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 23 March 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Business

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 24 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—

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.

5. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2535—That the Parliament agrees that the draft Renewables Obligation (Scotland) Order 2005 be approved.

The motion was agreed to (DT).

6. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2536—That the Parliament agrees that the draft Landfill Allowances Scheme (Scotland) Regulations 2005 be approved.

The motion was agreed to (DT).

7. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2539—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Management of Offenders etc. (Scotland) Bill.

The motion was agreed to (DT).

8. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2540—That the Parliament agrees that the Communities Committee be designated as lead committee in consideration of the Housing (Scotland) Bill.

The motion was agreed to (DT).

9. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2541—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2005 (SSI 2005/93).

The motion was agreed to (DT).

10. Decision Time: The Parliament took decisions on items 2, 3, 5, 6, 7, 8 and 9 as noted above.

11. Deafblindness: The Parliament debated S2M-1900 in the name of Margaret Mitchell—That the Parliament recognises the European Parliament Declaration of Rights of Deafblind people which was formally adopted on 1 April 2004 and recognises deafblindness as a distinct disability separate from hearing or sight impairment; considers that more should be done to identify, correctly assess and provide appropriate services for this unique group who cannot automatically benefit from mainstream services or services for people who are either blind or deaf, and further considers that councils should make appropriate provision for this uniquely disadvantaged group, ensuring that they have the same provision of services as outlined in the guidance issued under section 7(1) of the Local Authority Social Services Act 1970 for England and Wales.

12. Motion without Notice: Margaret Mitchell moved without notice that, under Rule 8.14.3, the debate be extended until 6.03 pm.

The meeting closed at 6.03 pm.

P E Grice
Clerk of the Parliament
9 March 2005

 

Appendix

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

New Bills introduced or reprinted on 3 March 2005

Management of Offenders etc. (Scotland) Bill —A Bill for an Act of the Scottish Parliament to make provision for the establishment of community justice authorities; to make further provision for the supervision and care of persons put on probation or released from prison etc.; to amend Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 so as to make further provision as respects the release of prisoners on licence; to make further provision as respects the jurisdiction of the Scottish courts in proceedings for offences in relation to the notification requirements of Part 2 of the Sexual Offences Act 2003; to make provision about the recovery of compensation from offenders; and for connected purposes. (SP Bill 39) (Executive Bill)

Introduced by: Cathy Jamieson
Supported by: Hugh Henry

Explanatory Notes (and other accompanying documents) (SP Bill 39-EN) and a Policy Memorandum (SP Bill 39-PM) were printed to accompany the Bill.

New Bills introduced or reprinted on 7 March 2005

Housing (Scotland) Bill —A Bill for an Act of the Scottish Parliament to make provision about housing standards; to confer a right to adapt rented houses to meet the needs of disabled occupants; to provide for the giving of assistance by local authorities in connection with work carried out in relation to houses; to require certain information to be made available on the sale of houses; to regulate the multiple occupation of houses and certain other types of living accommodation; to make provision about mobile homes; to make provision about matters to be considered by local authorities when assessing suitability of persons to act as a landlord; and for connected purposes. (SP Bill 40) (Executive Bill)

Introduced by: Malcolm Chisholm
Supported by: Johann Lamont

Explanatory Notes (and other accompanying documents) (SP Bill 40-EN) and a Policy Memorandum (SP Bill 40-PM) were printed to accompany the Bill.

Subordinate Legislation

Negative Instruments

The following instrument was laid before the Parliament on 2 March 2005 and is subject to annulment

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

Note: This instrument originally appeared in the Business Bulletin on 3 March 2005 as not subject to any Parliamentary procedure

The following instrument was laid before the Parliament on 4 March 2005 and is subject to annulment

The Antisocial Behaviour (Fixed Penalty Notice) (Additional Information) ( Scotland) Order 2005 (SSI 2005/130)

laid under section 141(30) of the Antisocial Behaviour etc. ( Scotland) Act 2004.

laid under section 141(30) of the Antisocial Behaviour etc. ( Scotland) Act 2004

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

The Inshore Fishing (Prohibition of Fishing for Cockles) ( Scotland) Amendment Order 2005 (SSI 2005/140)

laid under section 9(2) of the Inshore Fishing ( Scotland) Act 1984

Not Subject to any Parliamentary Procedure

The following instruments were laid before the Parliament on 7 March 2005 and are subject to annulment—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 12) ( Scotland) Order 2004 Revocation Order 2005 (SSI 2005/136)—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) ( Scotland) Revocation Order 2005 (SSI 2005/137)—

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

Other Documents

The following documents were laid before the Parliament on 8 March 2005 and are not subject to any Parliamentary procedure—

Glenrothes College Annual Accounts for the 12 months ended 31 July 2004 (SE/2005/26)—

Jewel and Esk Valley College Annual Report and Financial Statements for the year ended 31 July 2004 (SE/2005/27)—

John Wheatley College Annual Report and Financial Statement for the year ended 31 July 2004 (SE/2005/28)—

Elmwood College Report and Financial Statements for the year ended 31 July 2004 (SE/2005/29)—

Edinburgh’s Telford College Report and Financial Statements for the year ended 31 July 2004 (SE/2005/30)—

laid under section 22(5) of the Public Finance and Accountability ( Scotland) Act 2000

The following documents were laid before the Parliament on 9 March 2005 and are not subject to any Parliamentary procedure—

Ayr College Report of the Board of Management and Financial Statements for the year ended 31 July 2004 (SE/2005/31)—

Barony College Financial Statements for the year ended 31 July 2004 (SE/2005/32)—

Borders College Report and Financial Statements for the year ended 31 July 2004 (SE/2005/33)—

Dumfries and Galloway College Report and Financial Statements for the year ended 31 July 2004 (SE2005/34)—

Dundee College Report of the Board of Management and Financial Statements for the year ended 31 July 2004 (SE/2005/35)—

laid under section 22(5) of the Public Finance and Accountability ( Scotland) Act 2000

Scottish Natural Heritage Annual Report 2003-04 (SE/2005/36)

Scottish Natural Heritage Facts & Figures 2003-4 (SE/2005/37)

Committee Reports

The following report was published on 4 March 2005

Environment and Rural Development Committee, 2nd Report, 2005 (Session 2): Report on Subordinate Legislation (SP Paper 306)

The following report was published on 7 March 2005

Procedures Committee, 3rd Report 2005 (Session 2): Report on New Procedures in Relation to the Commissioner for Public Appointments (SP Paper 304)

The following report was published on 8 March 2005

Enterprise and Culture Committee, 3rd Report 2005: Restructuring Scotland’s Tourism Industry: Report on the Review of Area Tourist Boards (SP Paper 305)