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Meeting of the Parliament

Wednesday 20 April 2005

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

The meeting opened at 2.30 pm.

  1. Time for Reflection: Imam Habib Ur Rahman Rauf, Central Mosque, Glasgow led Time for Reflection.

  2. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2716—That the Parliament agrees that, during Stage 3 of the Further and Higher Education (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 and 2 – 1 hour and 10 minutes

Group 3 – 1 hour and 20 minutes

Groups 4 to 7 – 1 hour and 45 minutes

The motion was agreed t o.

The Presiding Officer subsequently altered the time limits under Rule 9.8.4A(a).

  1. Further and Higher Education (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 6, 17, 8, 9, 10, 11, 12 and 13.

The following amendments were disagreed to (by division)—

1 (For 26, Against 77, Abstentions 0)

2 (For 26, Against 78, Abstentions 0)

14 (For 42, Against 62, Abstentions 0)

15 (For 42, Against 61, Abstentions 0)

16 (For 42, Against 62, Abstentions 0)

17A (For 42, Against 62, Abstentions 0)

19 (For 42, Against 60, Abstentions 0)

Amendments 3, 20, 7, 4 and 5 were not moved and amendment 18 was pre-empted.

  1. Further and Higher Education (Scotland) Bill - Stage 3: The Deputy First Minister and Minister for Enterprise and Lifelong Learning (Mr Jim Wallace) moved S2M-2666—That the Parliament agrees that the Further and Higher Education (Scotland) Bill be passed.

Fiona Hyslop moved amendment S2M-2666.1 to motion S2M-2666—

Insert at end—

“but, in so doing, regrets the creation of a legislative framework for imposing variable top-up fees in Scotland’s tertiary education system.”

After debate, the amendment was disagreed to ((DT) by division: For 43, Against 62, Abstentions 0).

The motion was then agreed to ((DT) by division: For 68, Against 23, Abstentions 13).

  1. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2713—That the Parliament agrees —

(a) the following programme of business—

Wednesday 27 April 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Debate: Financial Services Strategy

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 28 April 2005

9.15 am Parliamentary Bureau Motions

followed by Stage 1 Debate: Smoking, Health and Social Care (Scotland) Bill

followed by Financial Resolution: Smoking, Health and Social Care (Scotland) Bill

11.40 am General Question Time

12 noon First Minister’s Question Time

2.15 pm Themed Question Time—

Environment and Rural Development;

Health and Community Care

2.55 pm Executive Debate: Criminal Justice Plan and Surrounding Issues

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 4 May 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

2.35 pm General Question Time

2.55 pm First Minister’s Question Time

3.25 pm Themed Question Time—

Justice and Law Officers;

Enterprise, Lifelong Learning and Transport

followed by Business Motion

followed by Parliamentary Bureau Motions

4.05 pm Decision Time

followed by Members’ Business

(b) that the period for members to lodge questions for First Minister’s Question Time on 4 May 2005 should end at 2.00 pm on Friday 29 April 2005, and

(c) that the period for members to lodge questions for First Minister’s Question Time on 2 June 2005 should end at 5.00 pm on Thursday 26 May 2005.

The motion was agreed to.

  1. Decision Time: The Parliament took decisions on item 4 as noted above.

  2. Boundaries of the Cairngorms National Park: The Parliament debated S2M-2376 in the name of Mr John Swinney—That the Parliament notes that the current boundaries of the Cairngorms National Park differ from those originally recommended by Scottish Natural Heritage (SNH) following extensive consultation on behalf of the Scottish Executive; notes that, as a result of these boundaries, large parts of Highland Perthshire and East Perthshire are excluded from the national park; recognises the strength of support within these areas for participation and involvement in the national park; considers that the case for designation of the Cairngorms as a World Heritage Site would be strengthened by the inclusion of the Perthshire area in the park, and considers that the Executive should conduct an early review of the boundaries of the national park and extend the current boundary to that originally proposed by SNH.

The meeting closed at 5.45 pm .

P E Grice
Clerk of the Parliament
20 April 2005

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

Subordinate Legislation

Affirmative Instruments

The following instruments were laid in draft before the Parliament on 18 April 2005 for approval by resolution—

The Mental Health (Medical treatment subject to safeguards) (Section 234) (Scotland) Regulations 2005—

The Mental Health (Medical treatment subject to safeguards) (Section 237) (Scotland) Regulations 2005—

laid under section 326(4)(c) of the Mental Health (Care and Treatment) (Scotland) Act 2003

The following instrument was laid before the Parliament on 20 April 2005 for approval by resolution

The Farm Business Development (Scotland) Variation Scheme 2005 (SSI 2005/219)

laid under section 29(2)(d) of the Agriculture Act 1970

Negative Instruments

The following instrument was laid before the Parliament on 15 April 2005 and is subject to annulment

The Education (Student Fees and Support) Temporary Protection (Scotland) Amendment Regulations 2005 (SSI 2005/217)

laid under sections 49(3), 73(f), 73B, 74(1) and 133 of the Education (Scotland) Act 1980 and sections 1 and 2 of the Education (Fees and Awards) Act 1983

The following instrument was laid before the Parliament on 19 April 2005 and is subject to annulment

The Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (Scotland) Regulations 2005 (SSI 2005/218)

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

Not Subject to any Parliamentary Procedure

The following instruments were laid before the Parliament on 20 April 1005 and are not subject to any Parliamentary procedure—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 9) (Scotland) Order 2004 Partial Revocation (No. 2) Order 2005 (SSI 2005/220)—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 7) (Scotland) Order 2004 Revocation Order 2005 (SSI 2005/221)—

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

Other Documents

The following document was laid before the Parliament on 15 April 2005 and is not subject to any Parliamentary procedure

Scottish Law Commission Annual Report 2004 (SE/2005/25)

laid under section 3(3) of the Law Commission Act 1965

The following document was laid before the Parliament on 18 April 2005 and is not subject to any Parliamentary procedure

Minute from the Scottish Executive Health Department Contingent Liability (SE/2001/68): Revised Table of Clinical Trials of Blood Products Produced by the Scottish National Blood Transfusion Service Protein Fractionation Centre (SE/2005/78)

The following document was laid before the Parliament on 19 April 2005 and is not subject to any Parliamentary procedure

Scottish Agricultural Science Agency – Pesticide Poisoning of Animals 2004: A Report of Investigations in Scotland (SE/2005/79)

Committee Reports

The following report was published on 15 April 2005

Equal Opportunities Committee, 3rd Report, 2005 (Session 2): Report on Subordinate Legislation (SP Paper 321)

The following report was published on 18 April 2005

Subordinate Legislation Committee, 12th Report 2005 (Session 2): Report on Subordinate Legislation (SP Paper 323)

The following report was published on 19 April 2005

Health Committee, 6th report, 2005 (Session 2): Stage 1 Report on the Smoking, Health and Social Care (Scotland) Bill, Volume 2: Evidence (SP Paper 322)

The following report was published on 20 April 2005

Subordinate Legislation Committee, 13th Report 2005 (Session 2): Report on the Further and Higher Education (Scotland) Bill at Stage 2 (SP Paper 325)