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Meeting of the Parliament

Tuesday 6 September 2005

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

The meeting opened at 10.30 am.

1. Time for Reflection: Reverend Lorna Hood, Minister of Renfrew North Parish Church led Time for Reflection.

2. First Minister’s Statement: The First Minister (Mr Jack McConnell) made a statement and answered questions on the Scottish Executive’s programme.

3. Scottish Executive’s Programme: The Parliament debated the First Minister’s statement on the Scottish Executive’s programme .

4. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-3228—That the Parliament agrees the following programme of business—

Wednesday 14 September 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Debate: Clyde and Hebrides Lifeline Ferry Services

followed by Finance Committee Motions: The Budget Process (Written Agreements)

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 15 September 2005

9.15 am Parliamentary Bureau Motions

followed by Stage 1 Debate: Family Law (Scotland) Bill

followed by Financial Resolution in respect of the Family Law (Scotland) Bill

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

2.55 pm Executive Debate: Improving Scottish Schools

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 21 September 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Environment and Rural Development Committee Debate: 5 th Report, 2005, Inquiry into Climate Change

followed by Standards and Public Appointments Committee Debate: Draft Consultation on the Code of Practice for Ministerial Appointments to Public Bodies in Scotland

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 22 September 2005

9.15 am Parliamentary Bureau Motions

followed by Scottish Green Party Business

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 Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to (by division: For 80, Against 34, Abstentions 1)

5. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-3195—That the Parliament agrees—

(a) that consideration of the Environmental Levy on Plastic Bags (Scotland) Bill at Stage 1 be completed by 27 January 2006; and

(b) that consideration of the Housing (Scotland) Bill at Stage 2 be completed by 4 November 2005.

The motion was agreed to.

6. Membership of Committees: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved—

S2M-3196—That the Parliament agrees that Alex Johnstone be appointed to replace Mr Jamie McGrigor on the Procedures Committee;

S2M-3197—That the Parliament agrees that Mr Ted Brocklebank be appointed to replace Alex Johnstone on the Environment and Rural Development Committee;

S2M-3198—That the Parliament agrees that Mr Jamie McGrigor be appointed to replace Phil Gallie on the Equal Opportunities Committee;

S2M-3199—That the Parliament agrees that Derek Brownlee be appointed to replace Mr Ted Brocklebank on the Finance Committee; and

S2M-3200—That the Parliament agrees that Mr David Davidson be appointed to the Local Government and Transport Committee.

The motions were agreed to.

7. Decision Time: The Parliament took decisions on item 6 as noted above.

8. Autistic Spectrum Disorder: The Parliament debated S2M-2712 in the name of Mrs Karen Gillon—That the Parliament notes that, according to the latest census publication, Pupils in Scotland,2004, there are 3,090 pupils diagnosed with an autistic spectrum disorder who have a Record of Needs and/or an Individualised Educational Programme in primary, secondary and special schools in Scotland; further notes that, as it is a spectrum condition, children with autistic spectrum disorders have a range of abilities with some having complex needs; believes that a range of provision is required to meet the needs of each child appropriately and that this may include support from other agencies, and considers that the Scottish Executive should ensure that the needs of children with autistic spectrum disorders are appropriately met so that they can benefit from education and learning.

The meeting closed at 5.52 pm.

P E Grice
Clerk of the Parliament
6 September 2005

 

Appendix

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

New Bills introduced or reprinted on 30 June 2005

Smoking, Health and Social Care (Scotland) Bill —The Bill was reprinted as passed (SP Bill 33B) (Executive Bill).

Bills withdrawn on 21 July 2005

Prohibition of Smoking in Regulated Areas (Scotland) Bill —The Bill, introduced on 3 February 2004, was withdrawn by Stewart Maxwell. (SP Bill 20) (Member’s Bill)

Subordinate Legislation

Affirmative Instruments

The following instruments were laid in draft before the Parliament on 1 July 2005 for approval by resolution—

The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2005—

The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Treatment of Office or Body as Specified Authority) Order 2005—

laid under section 18(4) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003

The following instrument was laid before the Parliament on 18 July 2005 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 5) (Scotland) Order 2005 (SSI 2005/379)

laid under section 1(8) of the Food and Environment Protection Act 1985

The following instrument was laid before the Parliament on 25 July 2005 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 6) (Scotland) Order 2005 (SSI 2005/384)

laid under section 1(8) of the Food and Environment Protection Act 1985

The following instrument was laid before the Parliament on 1 August 2005 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 7) (Scotland) Order 2005 (SSI 2005/391)

laid under section 1(8) of the Food and Environment Protection Act 1985

The following instrument was laid in draft before the Parliament on 12 August 2005 for approval by resolution

The Mental Health (Safety and Security) (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 16 August 2005 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 8) (Scotland) Order 2005 (SSI 2005/410)

laid under section 1(8) of the Food and Environment Protection Act 1985

The following instrument was laid in draft before the Parliament on 17 August 2005 for approval by resolution

The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005

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

The following instrument was laid in draft before the Parliament on 19 August 2005 for approval by resolution

The Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (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 22 August 2005 for approval by resolution

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (East Coast) (Scotland) Order 2005 (SSI 2005/415)

laid under section 1(8) of the Food and Environment Protection Act 1985

The following instrument was laid before the Parliament on 30 August 2005 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 9) (Scotland) Order 2005 (SSI 2005/421)

laid under section 1(8) of the Food and Environment Protection Act 1985

The following instrument was laid before the Parliament on 5 September 2005 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 10) (Scotland) Order 2005 (SSI 2005/431)

laid under section 1(8) of the Food and Environment Protection Act 1985

Note: The draft Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005, laid before the Parliament on 23 June 2005, was withdrawn on 25 July 2005

Note: The draft Mental Health (Safety and Security) (Scotland) Regulations 2003, laid before the Parliament on 23 June 2005, were withdrawn on 3 August 2005

Note: The draft Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005, laid before the Parliament on 23 June 2005, were withdrawn on 12 August 2005

Negative Instruments

The following instruments were laid before the Parliament on 18 July 2005 and are subject to annulment—

The Mental Health (Conflict of Interest) (Scotland) (No. 2) Regulations 2005 (SSI 2005/380)—

The Mental Health (Removal Order) (Scotland) Regulations 2005 (SSI 2005/381)—

laid under section 326(3) of the Mental Health (Care and Treatment) (Scotland) Act 2003

The following instrument was laid before the Parliament on 5 August 2005 and is subject to annulment

The Teachers’ Superannuation (Scotland) Regulations 2005 (SSI 2005/393)

laid under section 12(6) of the Superannuation Act 1972

The following instrument was laid before the Parliament on 16 August 2005 and is subject to annulment

The Mental Health (Specified Persons’ Correspondence) (Scotland) Regulations 2005 (SSI 2005/408)

laid under section 326(3) of the Mental Health (Care and Treatment) (Scotland) Act 2003

The following instruments were laid before the Parliament on 18 August 2005 and are subject to annulment—

The Mental Welfare Commission for Scotland (Procedure and Delegation of Functions) Regulations 2005 (SSI 2005/411)—

The Mental Health (Fee Payable to Designated Medical Practitioners) (Scotland) (No. 2) Regulations 2005 (SSI 2005/412)—

laid under section 326(3) of the Mental Health (Care and Treatment) (Scotland) Act 2003

The following instrument was laid before the Parliament on 23 August 2005 and is subject to annulment

The Mental Health (Period for Appeal) Regulations 2005 (SSI 2005/416)

laid under section 326(3) of the Mental Health (Care and Treatment) (Scotland) Act 2003

The following instrument was laid before the Parliament on 24 August 2005 and is subject to annulment

The Mental Health (Care and Treatment) (Scotland) Act 2003 (Code of Practice) Order 2005 (SSI 2005/417)

laid under section 326(3) of the Mental Health (Care and Treatment) (Scotland) Act 2003

The following instrument was laid before the Parliament on 29 August 2005 and is subject to annulment

The Mental Health Tribunal for Scotland (Practice and Procedure) Rules 2005 (SSI 2005/420)

laid under section 326(3) of the Mental Health (Care and Treatment) (Scotland) Act 2003

The following instrument was laid before the Parliament on 6 September 2005 and is subject to annulment

The Regulation of Care (Prescribed Registers) (Scotland) Order 2005 (SSI 2005/432)

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

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 1 August 2005 and is not subject to any Parliamentary procedure

The Fire (Scotland) Act 2005 (Commencement No. 2) Order 2005 (SSI 2005/392)

laid under sections 88 and 90 of the Fire (Scotland) Act 2005

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

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 5) (Scotland) Revocation Order (SSI 2005/406)

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

Other Documents

The following document was laid before the Parliament on 1 July 2005 and is not subject to any Parliamentary procedure

Mental Health (Care and Treatment) (Scotland) Act 2003: Draft Code of Practice (SE/2005/124)

laid under section 274 of the Mental Health (Care and Treatment) (Scotland) Act 2003

The following document was laid before the Parliament on 5 July 2005 and is not subject to any Parliamentary procedure

The European Charter for Regional or Minority Languages: Second periodical report from the United Kingdom (SE/2005/126)

The following document was published on 11 July 2005

Finance Committee Submission to the Public Administration Select Committee Inquiry into Civil Service Effectiveness (SP Paper 405)

The following documents were laid before the Parliament on 12 July 2005 and are not subject to any Parliamentary procedure—

Scottish Legal Services Ombudsman Annual Report 2004-05 (SE/2005/105)

laid under paragraph 10 of schedule 3 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Scottish Executive Health Department Response to the Audit Committee, 2nd Report, 2005 (Session 2) (SE/2005/125)

The following documents were laid before the Parliament on 14 July 2005 and are not subject to any Parliamentary procedure—

Food from Britain Annual Report and Accounts 2004-05 (SE/2005/107)

laid under section 5(7) of the Agricultural Marketing Act 1983

Report of the Gaming Board for Great Britain 2004-05 (SE/2005/113)

laid under section 50 of the Gaming Act 1968

VisitBritain Annual Report and Accounts 2004-05 (SE/2005/131)

laid under section 6(4) and (6) of the Development of Tourism Act 1969 and section 88 of the Scotland Act 1998

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

Meat and Livestock Commission Annual Report 2005/Meat Promotion Wales Annual Report 2004-05 (SE/2005/139)

laid under section 19 of the Agriculture Act 1967

The following documents were laid before the Parliament on 19 July 2005 and are not subject to any Parliamentary procedure—

National Lottery Commission Annual Report and Accounts 2004-05 (SE/2005/109)

laid under Schedule 2A, section 11(4) of the National Lottery etc. Act 1993 and section 88 of the Scotland Act 1998

UK Transplant Annual Account for the year 1 April 2004 to 31 March 2005 (SE/2005/114)

laid under section 98(1C) of the National Health Service Act 1977 and section 88 of the Scotland Act 1998

Meat Hygiene Service Annual Report and Accounts 2004-05 (SE/2005/119)

laid under section 7 of the Government Resources and Accounts Act 2000

National Heritage Memorial Fund Annual Report and Accounts for the year ended 31 March 2005 (SE/2005/128)

laid under sections 7(1) and (3) of the National Heritage Act 1980

The United Kingdom Sports Council Lottery Distribution Fund Report and Accounts for the year ended 31 March 2005 (SE/2005/130)

laid under sections 14(3) and 35(5) of the National Lottery etc. Act 1993 and section 88 of the Scotland Act 1998

Heritage Lottery Fund National Heritage Memorial Fund Lottery Distribution Accounts for the year ended 31 March 2005 (SE/2005/132)

laid under sections 34(3) and 35(5) of the National Lottery etc. Act 1993

National Radiological Protection Board Account 2004-05 (SE/2005/138)

laid under section 3(4) of the Radiological Protection Act 1970 and section 88 of the Scotland Act 1998

The United Kingdom Sports Council Grant-in-Aid Report and Accounts for the year ended 31 March 2005 (SE/2005/140)

laid under section 88 of the Scotland Act 1998

The following documents were laid before the Parliament on 20 July 2005 and are not subject to any Parliamentary procedure—

Horticultural Development Council Annual Report and Accounts 2004-05 (SE/2005/102)

laid under section 7 of the Industrial Organisation and Development Act 1947 and section 88(3) of the Scotland Act 1998

The Sea Fish Industry Authority From Net to Plate Annual Report and Accounts 2004-05 (SE/2005/112)

laid under section 7 of the Government Resources and Accounts Act 2000

Annual Review of Controls on Imports of Animal Products: April 2004 to March 2005 (SE/2005/133)

The following documents was laid before the Parliament on 21 July 2005 and is not subject to any Parliamentary procedure

Council for Healthcare Regulatory Excellence Annual Report and Accounts 2004-05 (SE/2005/115)

laid under paragraph 16(2) of Schedule 7 to the National Health Service Reform and Health Care Professions Act 2002

The following documents were laid before the Parliament on 22 July 2005 and are not subject to any Parliamentary procedure—

Nuclear Decommissioning Authority Annual Report and Accounts 2004-05 for the four months ended 31 March 2005 (SE/2005/127)

laid under sections 14(8) and 26(11) of the Energy Act 2004

Milk Development Council Annual Report and Accounts for the year ended 31 March 2005 (SE/2005/129)

laid under section 7 of the Industrial Organisation and Development Act 1947

Scottish Public Services Ombudsman: Report of an Investigation into a Complaint Against the Scottish Executive Enterprise, Transport and Lifelong Learning Department (SPSO/2005/05)

laid under section 15(1) of the Scottish Public Services Ombudsman Act 2002

The following document was laid before the Parliament on 26 July 2005 and is not subject to any Parliamentary procedure

British Waterways Annual Report and Accounts 2004-05 (SE/2005/141)

laid under section 24(3) of the Transport Act 1962

The following document was laid before the Parliament on 27 July 2005 and is not subject to any Parliamentary procedure

A Scottish prescription. Managing the use of medicines in hospitals. A report and key messages to the Scottish Parliament by the Auditor General for Scotland (AGS/2005/5)

laid under the Public Finance and Accountability (Scotland) Act

The following document was laid before the Parliament on 28 July 2005 and is not subject to any Parliamentary procedure

Scottish Prison Service Annual Report and Accounts 2004-05 (SE/2005/137)

laid under paragraph 5 of Schedule 1 to the Prisons (Scotland) Act 1989 and section 22(5) of the Public Finance and Accountability (Scotland) Act

The following documents were laid before the Parliament on 29 July 2005 and are not subject to any Parliamentary procedure—

Highlands and Islands Airports Limited Annual Report and Accounts 2004-05 (SE/2005/122)

laid under section 34 of the Civil Aviation Act 1982

Scotland ’s Population 2004: The Registrar General’s Annual Review of Demographic Trends 150th Edition (SE/2005/135)

laid under section 1(4) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965

Report by the Auditor General for Scotland on the 2004-05 Audit of the Scottish Prison Service (SE/2005/142)

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

The following documents were laid before the Parliament on 3 August 2005 and are not subject to any Parliamentary procedure—

Scottish Public Services Ombudsman: Report of an Investigation into a Complaint against Lanarkshire Acute Hospitals NHS Trust (now NHS Lanarkshire) (SPSO/2005/6)

laid under section 15(1) of the Scottish Public Services Ombudsman Act 2002

Scottish Executive Health Department Response to the Audit Committee 5th Report 2005 (Session 2): Overview of the Financial Performance of the NHS in Scotland 2003-04 (SE/2005/143)

The following document was laid before the Parliament on 12 August 2005 and is not subject to any Parliamentary procedure

Environment Agency Annual Report and Accounts 2004-05 (SE/2005/171)

laid under article 10(2) of the Scotland Act 1998 (Border Rivers) Order 1999 (SI 1999/1746)

The following document was laid before the Parliament on 26 August 2005 and is not subject to any Parliamentary procedure

Statistical Bulletin Prison Statistics Scotland 2004-05 (SE/2005/177)

laid under section 5(1) of the Prisons (Scotland) Act 1989

The following document was laid before the Parliament on 30 August 2005 and is not subject to any Parliamentary procedure

Scottish Enterprise Annual Accounts and Report 2004-05 (SE/2005/178)

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

The following documents were laid before the Parliament on 31 August 2005 and are not subject to any Parliamentary procedure

Scottish Fisheries Protection Agency Annual Report and Accounts 2004-05 (SE/2005/93)

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

The Scottish Executive’s Response to the Environment and Rural Development Committee’s 5th Report, 2005 (Session 2): Report on Inquiry into Climate Change (SE/2005/172)

Committee Reports

The following report was published on 30 June 2005

Standards and Public Appointments Committee: 5th Report, 2005 (Session 2): Report on Complaint against Colin Fox MSP, Frances Curran MSP, Rosie Kane MSP and Carolyn Leckie MSP (SP Paper 403)

The following report was published on 7 July 2005

Justice 1 Committee, 8th Report, 2005 (Session 2): Stage 1 Report on Family Law (Scotland) Bill (SP Paper 401)

The following report was published on 8 July 2005

Justice 1 Committee, 9th Report, 2005 (Session 2): Report on Subordinate Legislation (SP Paper 404)

The following report was published on 22 July 2005

Waverley Railway (Scotland) Bill Committee, 1st Report, 2005 (Session 2): Preliminary Stage Report on the Waverley Railway (Scotland) Bill (SP Paper 406)