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Meeting of the Parliament

Thursday 19 May 2005

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

The meeting opened at 9.15 am.

1. Ministerial Statement: The Minister for Health and Community Care (Mr Andy Kerr) made a statement and answered questions on Follow-up to the Audit Committee Report on Argyll and Clyde Health Board.

2. Tackling Serious and Organised Crime - Developing Strategic Partnerships: The Minister for Justice (Cathy Jamieson) moved S2M-2824—That the Parliament believes that tackling serious organised crime is key to a safer Scotland; recognises that criminal networks operate across local, national and international boundaries; commends the achievements of those responsible in Scotland for bringing to justice those engaged in serious organised crime; supports the Scottish Executive’s actions to achieve speedy and efficient court processes, its efforts to ensure greater co-operation with European and international criminal justice agencies and its plans to strengthen the status of the Scottish Drug Enforcement Agency; commends the success of the Crown Office in recovering £5.4 million since the introduction of the Proceeds Of Crime Act 2002, and will continue to support the sustained efforts of all those involved in disrupting and destroying the criminal networks which profit from inflicting violence and misery on communities in Scotland.

Mr Kenny MacAskill moved amendment S2M-2824.1 to motion S2M-2824—

Insert at end—

“notes, however, that, whilst co-operation with other bodies both elsewhere in the United Kingdom and abroad is vital, Scotland has a unique legal system and a distinctive policing culture that is community-based and independent from political interference and therefore that the Scottish legal system and Scottish Law Officers must always be responsible for, and in control of, operations in Scotland and the representation of Scottish views and needs abroad.”

After debate, the amendment was disagreed to ((DT) by division: For 36, Against 61, Abstentions 16).

Miss Annabel Goldie moved amendment S2M-2824.2 to motion S2M-2824—

Leave out from “the Scottish Executive’s” to end and insert—

“actions which will create an efficient court process; backs the Scottish Executive’s efforts to ensure greater co-operation with European and international criminal justice agencies; believes that the status of the Scottish Drug Enforcement Agency should be strengthened and therefore hopes that it will not be undermined by the creation of the Serious Organised Crime Agency; commends the success of the Crown Office in recovering £5.4 million since the introduction of the Proceeds of Crime Act 2002, continues to support the sustained efforts of all those involved in disrupting and destroying the criminal networks which profit from inflicting violence and misery on communities in Scotland, but believes that crime will continue to blight too many Scottish communities until there is an increased police presence on our streets coupled with a zero-tolerant attitude to crime.”

After debate, the amendment was disagreed to ((DT) by division: For 17, Against 70, Abstentions 27).

The motion was then agreed to (DT) .

3. General Question Time: General Questions were answered by Scottish Ministers and junior Scottish Ministers.

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

5. Themed Question Time: Questions on Health and Community Care, and on Environment and Rural Development were answered by Scottish Ministers and junior Scottish Ministers.

Voluntary Sector and the Social Economy: The Deputy Minister for Communities (Johann Lamont) moved S2M-2825—That the Parliament recognises the contribution that the voluntary sector and social economy make to Scotland; supports the Scottish Executive’s continued commitment to developing them through Futurebuilders Scotland, the Volunteering Strategy and Project Scotland and the development and promotion of legislation on charities; supports the Strategic Funding Review being undertaken with SCVO and COSLA; welcomes the establishment of a Social Economy Advisory Board, and supports the Executive in developing a detailed strategy, in partnership with the voluntary sector, for the sector’s future.

Linda Fabiani moved amendment S2M-2825.1 to motion S2M-2825—

Insert at end—

“to include measures to ensure continued and stable core funding for voluntary organisations that are expected to deliver ministerial and local government policy objectives.”

After debate, the amendment was disagreed to ((DT) by division: For 48, Against 60, Abstentions 6).

Patrick Harvie moved amendment S2M-2825.2 to motion S2M-2825—

Insert at end—

“recognises the breadth of the social economy in Scotland; further recognises the distinctive contribution that co-operatives and social enterprises make to the social economy; recommends the development of a differentiated strategy to meet the specific needs of the social enterprise sector of the social economy, and further recommends that such a strategy be developed in partnership with social enterprises and their networks beyond the voluntary sector, be aligned with the development of the Co-operative Development Agency and be aligned with the Department of Trade and Industry’s strategy to support social enterprise across the rest of the United Kingdom.”

After debate, the amendment was agreed to (DT) by division: For 84, Against 22, Abstentions 5).

The motion as amended was then agreed to ((DT) by division: For 84, Against 0, Abstentions 27).

Accordingly, the Parliament resolved—That the Parliament recognises the contribution that the voluntary sector and social economy make to Scotland; supports the Scottish Executive’s continued commitment to developing them through Futurebuilders Scotland, the Volunteering Strategy and Project Scotland and the development and promotion of legislation on charities; supports the Strategic Funding Review being undertaken with SCVO and COSLA; welcomes the establishment of a Social Economy Advisory Board, and supports the Executive in developing a detailed strategy, in partnership with the voluntary sector, for the sector’s future; recognises the breadth of the social economy in Scotland; further recognises the distinctive contribution that co-operatives and social enterprises make to the social economy; recommends the development of a differentiated strategy to meet the specific needs of the social enterprise sector of the social economy, and further recommends that such a strategy be developed in partnership with social enterprises and their networks beyond the voluntary sector, be aligned with the development of the Co-operative Development Agency and be aligned with the Department of Trade and Industry’s strategy to support social enterprise across the rest of the United Kingdom.”

7. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2831—That the Parliament agrees the following programme of business—

Wednesday 25 May 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Ministerial Statement: Building a Health Service Fit for the Future

followed by Executive Debate: 3rd Meeting, World Youth Congress

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 26 May 2005

9.15 am Parliamentary Bureau Motions

followed by Scottish National Party Business

11.40 am General Question Time

12 noon First Minister’s Question Time

2.15 pm Themed Question Time—

Enterprise, Lifelong Learning and Transport;
Justice and Law Officers

2.55 pm Stage 3 Proceedings: Prohibition of Female Genital Mutilation ( Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 1 June 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Preliminary Stage Debate: The Baird Trust Reorganisation Bill

followed by Local Government and Transport Committee Debate: 4th Report 2005, Inquiry into issues arising from the Transport ( Scotland) Act 2001

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 2 June 2005

9.15 am Parliamentary Bureau Motions

followed by Executive Business

11.40 am General Question Time

12 noon First Minister’s Question Time

2.15 pm Themed Question Time—

Education and Young People, Tourism, Culture and Sport;
Finance and Public Services and Communities

followed by Stage 3 Proceedings: Protection of Children and Prevention of Sexual Offences (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

8. Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2826—That the Parliament agrees that Mr Jamie Stone be appointed to replace Mike Pringle on the Enterprise and Culture Committee.

The motion was agreed to (DT).

9. Membership of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2827—That the Parliament agrees that Mike Pringle be appointed to replace Mr Jamie Stone on the Justice 1 Committee.

The motion was agreed to (DT).

10. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2828—That the Parliament agrees that the draft Fire (Scotland) Act 2005 (Relevant Premises) Regulations 2005 be approved.

The motion was agreed to (DT).

11. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2829—That the Parliament agrees that the draft Mental Health (Medical treatment subject to safeguards) (Section 234) (Scotland) Regulations 2005 be approved.

The motion was agreed to (DT).

12. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2830—That the Parliament agrees that the draft Mental Health (Medical treatment subject to safeguards) (Section 237) (Scotland) Regulations 2005 be approved.

The motion was agreed to (DT).

13. Decision Time: The Parliament took decisions on items 2, 6, 8, 9, 10, 11 and 12 as noted above.

14. Trial Reintroduction of the European Beaver: The Parliament debated S2M-2502 in the name of Nora Radcliffe—That the Parliament notes Scottish Natural Heritage’s proposal for a trial reintroduction of the European beaver, a proposal which follows the successful reintroduction of the species in 24 other countries, and considers that the Scottish Executive should give serious consideration to issuing a licence for the trial so that it can be determined, in a controlled and properly monitored way, whether the benefits to the environment and tourism observed after previous reintroductions elsewhere can be replicated in a Scottish context without significant adverse effects on existing land uses.

The meeting closed at 5.54 pm.

P E Grice
Clerk of the Parliament
19 May 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 19 May 2005 for approval by resolution—

The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005

laid under section 88(4) of the Fire (Scotland) Act 2005

The Mental Health (Safeguards for Certain Informal Patients) (Scotland) Regulations 2005

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

Negative Instruments

The following instruments were laid before the Parliament on 19 May 2005 and are subject to annulment—

The Additional Support for Learning (Appropriate Agency Request Period and Exceptions) (Scotland) Regulations 2005 (SSI 2005/264)—

The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Regulations 2005 (SSI 2005/266)—

laid under section 34(4) of the Education (Additional Support for Learning) (Scotland) Act 2004

The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005 (SSI 2005/265)—

The Additional Support for Learning (Publication of Information) (Scotland) Regulations 2005 (SSI 2005/267)—

laid under section 34 of the Education (Additional Support for Learning) (Scotland) Act 2004

The St Mary’s School (Aided Places) (Scotland) Amendment Regulations 2005 (SSI 2005/269)—

The Education (Assisted Places) (Scotland) Amendment Regulations 2005 (SSI 2005/270)—

laid under section 133(2) of the Education (Scotland) Act 1980

Other Documents

The following document was laid before the Parliament on 19 May 2005

Code of Practice for Ministerial Appointments to Public Bodies in Scotland: Consultation Draft (CPA/2005/1)

laid under Rule 17.5 of Standing Orders

Committee Reports

The following reports were published on 19 May 2005—

Subordinate Legislation Committee, 20th Report 2005 (Session 2): Report on Subordinate Legislation (SP Paper 343)

Environment and Rural Development Committee, 6th Report, 2005 (Session 2): Report on Subordinate Legislation (SP Paper 344)