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Meeting of the Parliament

Thursday 9 June 2005

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

The meeting opened at 9.15 am.

  1. Health Issues with Specific Reference to the Kerr Report: David McLetchie moved S2M-2931—That the Parliament welcomes the Kerr report as an important contribution to the debate on the future structure of the NHS in Scotland and its objective of ensuring that most health services continue to be provided at a local level in response to patient needs and demands; notes, however, continuing public concern over the extent of the proposed centralisation of hospital services across Scotland and the effectiveness of NHS 24 and the out-of-hours service; further notes that, despite a substantial increase in funding for the NHS in Scotland, the waiting list is longer and waiting times are higher than they were in 1997; believes that a truly patient-centred NHS will be possible only if purchasing power is put in the hands of patients so that their choices determine the development of the service and healthcare providers are given far greater freedom to respond to those demands, and, to that end, calls for the establishment of foundation hospitals within NHSScotland and an increase in the capacity available to treat NHS patients by extending the use of the independent sector.

The Deputy Minister for Health and Community Care (Rhona Brankin) moved amendment S2M-2931.3 to motion S2M-2931—

Leave out from "welcomes" to end and insert—

"commends the Kerr report, Building a Health Service Fit for the Future, and its emphasis on sustainable and safe local services and preventative care for the most vulnerable, which supports the Scottish Executive’s goal of delivering care that is as local as possible and as specialised as necessary; welcomes the interim report of the NHS 24 review team and the public commitment of NHS 24 to implement the key recommendations as quickly as possible for the benefit of the people using the service, and is encouraged by the positive progress on waiting times and waiting lists."

Mr Stewart Maxwell moved amendment S2M-2931.1 to motion S2M-2931—

Leave out from "believes" to end and insert—

"commends the staff within the NHS for their hard work and dedication; believes that, to tackle waiting times more quickly, there is a need to set up fast-track diagnostic and treatment centres within the NHS, and welcomes the Kerr report’s emphasis on addressing health inequalities in order to close the health gap that currently exists in Scotland."

Carolyn Leckie moved amendment S2M-2931.2 to motion S2M-2931—

Leave out from "welcomes" to end and insert—

"notes the contents of the Kerr report and recognises its contribution to the debate on the future of the NHS in Scotland; believes that, if protected within a public model, many of its proposals are useful; is concerned, however, that the report suggests, in line with the current trend of Scottish Executive policy, several avenues for the further marketisation and privatisation of health care, relies heavily on NHS staff co-operating again with reorganisation and retraining and accepting new and additional roles and responsibilities but claims that the proposals within the report are "cost neutral", and therefore believes that the NHS’s capacity, workforce planning and recruitment and retention problems will not be resolved by the report’s recommendations or current Executive policy, and that only securing and expanding the NHS as a public service, delivered by public service workers from publicly-owned facilities, will offer the foundation for the improvement and development of an NHS in Scotland fit for the 21st century."

After debate, amendment S2M-2931.3 was agreed to ((DT) by division: For 66, Against 39, Abstentions 6). As a result amendments S2M-2931.1 and S2M-2931.2 were pre-empted.

The motion, as amended was then agreed to ((DT) by division: For 65, Against 20, Abstentions 28).

Accordingly, the Parliament resolved—That the Parliament commends the Kerr report, Building a Health Service Fit for the Future, and its emphasis on sustainable and safe local services and preventative care for the most vulnerable, which supports the Scottish Executive’s goal of delivering care that is as local as possible and as specialised as necessary; welcomes the interim report of the NHS 24 review team and the public commitment of NHS 24 to implement the key recommendations as quickly as possible for the benefit of the people using the service, and is encouraged by the positive progress on waiting times and waiting lists.

  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 Environment and Rural Development, and on Health and Community Care were answered by Scottish Ministers and junior Scottish Ministers.

  4. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-2939—That the Parliament agrees that, during Stage 3 of the Charities and Trustee Investment (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 – 15 minutes

Groups 3 to 5 – 50 minutes

Groups 6 to 9 – 1 hour and 15 minutes

Groups 10 to 13 – 1 hour and 35 minutes

Groups 14 to 18 – 1 hour and 55 minutes

The motion was agreed to.

  1. Charities and Trustee Investment (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 20, 3, 4, 5, 6, 23, 24, 25, 26, 7, 8, 27, 9, 10, 11, 28, 29, 30, 31A, 31, 32, 57, 64, 34, 35, 36, 37, 38, 39, 12, 40, 13, 14, 15, 41, 62, 16, 42, 18, 43, 44 and 19.

The following amendments were agreed to (by division)—

47 (For 74, Against 39, Abstentions 0)

33 (For 74, Against 26, Abstentions 6)

45 (For 65, Against 30, Abstentions 17)

The following amendments were disagreed to (by division)—

46 (For 34, Against 72, Abstentions 0)

50 (For 34, Against 80, Abstentions 0)

51 (For 10, Against 104, Abstentions 1)

53 (For 17, Against 98, Abstentions 0)

22 (For 47, Against 62, Abstentions 0)

55 (For 9, Against 101, Abstentions 0)

The following amendments were moved and, with the agreement of the Parliament, withdrawn: 1, 21, 49 and 60.

The following amendments were not moved: 2, 48, 52, 54, 56, 58, 59, 61, 17 and 63.

The Presiding Officer extended the time-limits under Rules 9.8.4A (a) and (c).

  1. Charities and Trustee Investment (Scotland) Bill - Stage 3: The Minister for Communities (Malcolm Chisholm) moved S2M-2773—That the Parliament agrees that the Charities and Trustee Investment (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 98, Against 0, Abstentions 15).

  1. Decision Time: The Parliament took decisions on items 1 and 7 as noted above.

  2. A Cure for ME?: The Parliament debated S2M-2852 in the name of Alex Fergusson—That the Parliament notes with pleasure that a scientific team from Glasgow University, headed by Dr John Gow, may have discovered a remedy for myalgic encephalomyelitis (ME) which could be available in as little as a year; further notes that the university has already patented the genes involved as a means of diagnosing the condition quickly and cheaply; recognises that this could represent a major step forward in the treatment and cure of this debilitating disease but notes with alarm Dr Gow’s concern that he is "going nowhere" because his funding has run out, and considers that the Scottish Executive should take every possible step to ensure that this work can be continued in order that the 10,000 to 20,000 ME sufferers in Scotland can play a full part in the economic and social life of their country.

The meeting closed at 6.17 pm.

P E Grice
Clerk of the Parliament
9 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 9 June 2005 and are subject to annulment—

The Edinburgh College of Art (Scotland) Order of Council 1995 (Amendment) Order of Council 2005 (SSI 2005/313)

laid under section 60 of the Further and Higher Education (Scotland) Act 1992

The Regulation of Care (Social Service Workers) (Scotland) Order 2005 (SSI 2005/318)

laid under section 78(1) of the Regulation of Care (Scotland) Act 2001

The Gaming Act (Variation of Fees) (Scotland) Order 2005 (SSI 2005/319)

laid under section 51(5) of the Gaming Act 1968

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2005 (SSI 2005/320)

laid under section 6A(2) of the Valuation and Rating (Scotland) Act 1956

The False Monetary Instruments (Scotland) Order 2005 (SSI 2005/321)

laid under section 46A(10) of the Criminal Law (Consolidation) (Scotland) Act 1995

The Housing (Scotland) Act 2001 (Payments out of Grants for Housing Support Services) Amendment Order 2005 (SSI 2005/322)

laid under section 109(4) of the Housing (Scotland) Act 2001

The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2005 (SSI 2005/323)—

The Plant Protection Products (Scotland) Regulations 2005 (SSI 2005/331)—

The Eggs (Marketing Standards) (Enforcement) (Scotland) Regulations 2005 (SSI 2005/332)—

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

The Financial Assistance for Environmental Purposes (Scotland) Order 2005 (SSI 2005/324)

laid under section 161(3) of the Environmental Protection Act 1990

The Additional Support for Learning (Appropriate Agencies) (Scotland) Order 2005 (SSI 2005/325)

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

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment (No. 2) Regulations 2005 (SSI 2005/326)—

The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2005 (SSI 2005/327)—

The National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2005 (SSI 2005/333)—

The National Health Service (Service Committees and Tribunal) (Scotland) Amendment (No. 2) Regulations 2005 (SSI 2005/334)—

The National Health Service (Tribunal) (Scotland) Amendment Regulations 2005 (SSI 2005/335)—

The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2005 (SSI 2005/336)—

The National Health Service (General Medical Services Contracts) (Scotland) Amendment Regulations 2005 (SSI 2005/337)—

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

The Cereal Seed (Scotland) Regulations 2005 (SSI 2005/328)—

The Fodder Plant Seed (Scotland) Regulations 2005 (SSI 2005/329)—

laid under section 16(6) of the Plant Varieties and Seeds Act 1964

The Prevention and Monitoring of Cetacean Bycatch (Scotland) Order 2005 (SSI 2005/330)

laid under section 30(4) of the Fisheries Act 1981

The Local Authorities’ Traffic Orders (Procedure) (Scotland) Amendment Regulations 2005 (SSI 2005/338)

laid under section 134 of the Road Traffic Regulation Act 1984

The Advice and Assistance (Scotland) Amendment (No. 3) Regulations 2005 (SSI 2005/339)

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

The Pollution Prevention and Control (Scotland) Amendment (No. 2) Regulations 2005 (SSI 2005/340)

laid under section 2 of the Pollution Prevention and Control Act 1999

Committee Reports

The following reports were published on 9 June 2005—

Standards and Public Appointments Committee, 3rd Report, 2005 (Session 2): Complaints against Jack McConnell MSP (SP Paper 373)

Standards and Public Appointments Committee, 4th Report, 2005 (Session 2): Complaint against Kenneth Macintosh MSP (SP Paper 374)

Health Committee, 11th Report, 2005 (Session 2): Report on Subordinate Legislation (SP Paper 376)

Subordinate Legislation Committee, 24th Report 2005 (Session 2): Report on Subordinate Legislation (SP Paper 377)