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Meeting of the Parliament

Thursday 2 June 2005

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

The meeting opened at 9.15 am.

  1. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2901—That the Parliament agrees that, during Stage 3 of the Protection of Children and Prevention of Sexual Offences (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):

Group 1 – 25 mins

Groups 2 to 4 – 50 mins

Groups 5 to 8 – 1 hour 15 mins

Groups 9 to 11 – 1 hour 55 mins

The motion was agreed to.

  1. Baird Trust Reorganisation Bill: Mr Andrew Arbuckle, on behalf of the Baird Trust Reorganisation Bill Committee, moved S2M-2876—That the Parliament agrees to the general principles of the Baird Trust Reorganisation Bill and that the Bill should proceed as a Private Bill.

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

  1. Antisocial Behaviour: The Minister for Justice (Cathy Jamieson) moved S2M-2893—That the Parliament believes that people in all parts of Scotland should be able to live free from fear and harassment; welcomes the commencement of the Antisocial Behaviour etc. (Scotland) Act 2004 and the progress made to date to act against antisocial behaviour; believes that the preparation of antisocial behaviour outcome agreements linked to antisocial behaviour strategies by local authorities working with local communities will help build confidence across Scotland; notes that ongoing work is needed to build confidence in our communities, and urges local agencies across Scotland to use the full range of measures at their disposal appropriate to local circumstances.

Mr Kenny MacAskill moved amendment S2M-2893.2 to motion S2M-2893—

Leave out from “welcomes” to end and insert—

“believes that the Antisocial Behaviour etc. (Scotland) Act 2004 offers further options and powers to relevant local authorities and agencies; notes, however, that appropriate resourcing of police, local authorities and other local, national and voluntary agencies is a prerequisite for tackling antisocial behaviour, as is co-operation and interaction between, and amongst, them and national government; believes that individuals must accept responsibility for their actions and the consequences of these and, in addition, respect the rights of others in their community and society, and further believes that it is essential that government at all levels accepts responsibility for all communities within Scotland and addresses, not just social exclusion, but also the scourge of drink, drugs and deprivation that scar our land.”

After debate, the amendment was disagreed to ((DT) by division: For 24, Against 84, Abstentions 3).

Miss Annabel Goldie moved amendment S2M-2893.1 to motion S2M-2893—

Leave out from “welcomes” to end and insert—

“notes with regret that the Scottish Crime Survey indicated that three out of every four crimes are never reported to the police, indicating a lack of confidence from the public; notes the commencement of the Antisocial Behaviour etc. (Scotland) Act 2004 but, in doing so, recognises that, without an adequate enforcement regime, measures included within the Act cannot work; ultimately believes that only when there is a greatly increased police presence on our streets, following zero-tolerance policing methods and re-engaging with communities, will we see a reduction in crime and antisocial behaviour, and therefore calls on the Scottish Executive to increase resources available to the police along with an improving accountability to ensure an improvement in the deterrence and detection of crime.”

After debate, the amendment was disagreed to ((DT) by division: For 15, Against 76, Abstentions 22).

The motion was then agreed to ((DT) by division: For 67, Against 26, Abstentions 21).

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

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

  3. Themed Question Time: Questions on Education and Young People, Tourism, Culture and Sport, and on Finance and Communities were answered by Scottish Ministers and junior Scottish Ministers.

  4. Protection of Children and Prevention of Sexual Offences (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 13, 14, 52, 16, 55, 58, 18, 61, 19, 64, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35.

The following amendments were agreed to (by division)—

8 (For 94, Against 14, Abstentions 0)

12 (For 85, Against 21, Abstentions 0)

17 (For 98, Against 6, Abstentions 1)

The following amendments were disagreed to (by division)—

39 (For 21, Against 88, Abstentions 0)

43 (For 45, Against 65, Abstentions 0)

44 (For 44, Against 66, Abstentions 0)

45 (For 20, Against 87, Abstentions 2)

46 (For 44, Against 64, Abstentions 0)

48 (For 41, Against 58, Abstentions 0)

66 (For 44, Against 63, Abstentions 0)

The following amendments were moved and, with the agreement of the Parliament, withdrawn: 36, 38, 42, 47 and 54.

Amendments 37, 50, 51, 53, 56, 57, 59, 60, 62, 63 and 65 were not moved and amendments 40, 41 and 49 were pre-empted.

The Presiding Officer extended the time-limits under Rule 9.8.4A (a).

  1. Protection of Children and Prevention of Sexual Offences (Scotland) Bill - Stage 3: The Deputy Minister for Justice (Hugh Henry) moved S2M-2771—That the Parliament agrees that the Protection of Children and Prevention of Sexual Offences (Scotland) Bill be passed.

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

  1. Establishment of an Ad Hoc Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2900—That the Parliament agrees to establish an Ad Hoc Committee of the Parliament as follows:

    Name of Committee: Ad Hoc Standards Committee;

    Remit:

    1. To consider and report in respect of a report submitted by the Scottish Parliamentary Standards Commissioner;

    In particular as to –

    (a) whether a member’s conduct is in accordance with the Standing Orders and the Code of Conduct for MSPs, matters relating to members’ interests, and any other matters relating to the conduct of members in carrying out their Parliamentary duties; and

    (b) the application of the Code of Conduct for MSPs.

    2. Where the Committee considers it appropriate, to recommend by motion that a member’s rights and privileges are withdrawn to such extent and for such period as are specified in the motion.

    Duration: Until the Committee has reported;

    Convenership: The Convener will be a member of the Labour Party and the Deputy Convener a member of the Scottish National Party;

    Membership: Trish Godman (Labour), Scott Barrie (Labour), Alasdair Morgan (SNP), Lord James Douglas-Hamilton (Conservative), George Lyon (Liberal Democrats).

The motion was agreed to (DT).

  1. Decision Time: The Parliament took decisions on items 2, 3, 8 and 9 as noted above.

  2. Powers of the Scottish Parliament: The Parliament debated S2M-2841 in the name of John Swinburne—That the Parliament welcomes the increased focus afforded specific groups within Scotland following the creation of the Parliament as a result of devolution; also notes the Parliament’s inability to fully address the needs of groups such as senior citizens, and therefore believes that the time is now right to explore options for increasing the powers of the Scottish Parliament to properly address the needs of all Scottish citizens.

The meeting closed at 6.23 pm.

P E Grice
Clerk of the Parliament
2 June 2005

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

Subordinate Legislation

Negative Instruments

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

The Local Government Pension Scheme (Scotland) Amendment Regulations 2005 (SSI 2005/293)

laid under sections 7 and 12(6) of the Superannuation Act 1972

The Road Traffic (Temporary Restrictions) Procedure Amendment (Scotland) Regulations 2005 (SSI 2005/299)

laid under section 134(3) of the Road Traffic Regulation Act 1984

Committee Reports

The following report was published on 2 June 2005

Subordinate Legislation Committee, 22nd Report, 2005 (Session 2): Report on Subordinate Legislation (SP Paper 369)