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Meeting of the Parliament

Wednesday 14 September 2005

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

The meeting opened at 2.30 pm.

  1. Time for Reflection: Sir Jonathan Sacks, Chief Rabbi of the United Hebrew Congregations of the Commonwealth led Time for Reflection.
  2. Clyde and Hebrides Lifeline Ferry Services: The Minister for Transport and Telecommunications (Tavish Scott) moved S2M-3253 —That the Parliament welcomes the Scottish Executive’s further detailed consideration of the EU requirements relating to the Clyde and Hebrides lifeline ferry services; notes the serious consequences of these services not being compatible with the regulations; recognises the Executive’s commitment to secure the continued employment of the Caledonian MacBrayne workforce and the protection of their terms, conditions and pension rights, and acknowledges that the tendering of the Clyde and Hebrides lifeline ferry services is required to protect these vital services.

Fergus Ewing moved amendment S2M-3253.3 to motion S2M-3253—

Leave out from "welcomes" to end and insert—

"notes that the Minister for Transport and Telecommunications has stated that the tender process which he supports will result in extra cost to the taxpayer and believes that the Scottish Executive’s tender proposals may put employment and pension rights at risk, whilst not resulting in any improvement to ferry services for the Clyde and Hebrides; believes that documents published by the Executive on 12 September 2005 should be considered further but that as they stand the tender proposals are flawed, and calls on the Executive to remit the matter to the Local Government and Transport Committee with a view to the appointment of a task force to give final consideration to the question as to whether tendering is the sole method of satisfying the legal requirements and, insofar as possible, to devise solutions to the flaws contained in the Executive’s current proposals."

After debate, the amendment was disagreed to ((DT) by division: For 37, Against 64, Abstentions 16).

Mr David Davidson moved amendment S2M-3253.2 to motion S2M-3253—

Leave out from "welcomes" to end and insert—

"believes that the proposed tendering of the entire Caledonian MacBrayne (CalMac) network as a single bundle will be a costly, disruptive and bureaucratic exercise which shall do nothing whatsoever to improve ferry services; further believes that there is scope for significant efficiency savings and improvements to the network and that tendering of any routes must be genuinely open to any operator who can ensure the best possible value for the taxpayer and ferry users; rejects the Scottish Executive’s implied assumption that no routes currently operated by CalMac could be run on a commercial basis, and, in light of this, calls on the Executive to issue proposals for smaller route bundles to attract commercial interest which could lead to efficiency savings and improvements to services."

After debate, the amendment was disagreed to ((DT) by division: For 16, Against 98, Abstentions 3).

Tommy Sheridan moved amendment S2M-3253.1 to motion S2M-3253—

Leave out from "welcomes" to end and insert—

"opposes the proposals of the Scottish Executive to put the Caledonian MacBrayne ferry services out to tender as it views these proposals as unnecessary, unacceptable and in conflict with the need to defend lifeline services and the jobs of those who work in these services."

After debate, the amendment was disagreed to ((DT) by division: For 37, Against 78, Abstentions 1).

The motion was then agreed to ((DT) by division: For 63, Against 53, Abstentions 1).

  1. Budget Process (Written Agreements): Des McNulty, on behalf of the Finance Committee, moved S2M-3234—That the Parliament notes the two written agreements on the budgeting process between the Finance Committee and (a) the Scottish Parliamentary Corporate Body and (b) the Scottish Commission for Public Audit (SP Papers 399 and 400 respectively) and agrees their terms.

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

  1. Budget Process (Written Agreements): Des McNulty, on behalf of the Finance Committee, moved S2M-3235— That the Parliament notes the three written agreements on the budgeting process between the Finance Committee and the Scottish Executive on the budgeting process (SP Paper 398) and agrees their terms.

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

  2. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3275—That the Parliament agrees the following programme of business—

Wednesday 21 September 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

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

followed by Standards and Public Appointments Committee Debate: 6th Report, 2005, Draft 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 Debate: Report of the Cultural Commission

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 28 September 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Business

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 29 September 2005

9.15 am Parliamentary Bureau Motions

followed by Justice 2 Committee Debate: 9th Report, 2005, Inquiry into Youth Justice

11.40 am General Question Time

12 noon First Minister’s Question Time

2.15 pm Themed Question Time—

Justice and Law Officers;

Enterprise, Transport and Lifelong Learning

2.55 pm Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

  1. Approval of SSIs: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved—

    S2M-3255 —That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.5) (Scotland) Order 2005 (SSI 2005/379) be approved;

    S2M-3256 —That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.6) (Scotland) Order 2005 (SSI 2005/384) be approved;

    S2M-3257 —That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.7) (Scotland) Order 2005 (SSI 2005/391) be approved;

    S2M-3258 —That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.8) (Scotland) Order 2005 (SSI 2005/410) be approved; and

    S2M-3259 —That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (East Coast) (Scotland) Order 2005 (SSI 2005/415) be approved.

The motions were agreed to (DT).

  1. Substitution on Committees: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved—

    S2M-3260 —That the Parliament agrees that Mr David Davidson be appointed to replace Mr Ted Brocklebank as the Scottish Conservative and Unionist Party substitute on the Audit Committee;

    S2M-3261 —That the Parliament agrees that Alex Johnstone be appointed to replace John Scott as the Scottish Conservative and Unionist Party substitute on the Communities Committee;

    S2M-3262 —That the Parliament agrees that Bill Aitken be appointed as the Scottish Conservative and Unionist Party substitute on the Equal Opportunities Committee;

    S2M-3263 —That the Parliament agrees that Derek Brownlee be appointed to replace Murdo Fraser as the Scottish Conservative and Unionist Party substitute on the European and External Relations Committee;

    S2M-3264 —That the Parliament agrees that John Scott be appointed as the Scottish Conservative and Unionist Party substitute on the Finance Committee;

    S2M-3265 —That the Parliament agrees that Murray Tosh be appointed as the Scottish Conservative and Unionist Party substitute on the Local Government and Transport Committee;

    S2M-3266 —That the Parliament agrees that Murdo Fraser be appointed to replace Murray Tosh as the Scottish Conservative and Unionist Party substitute on the Procedures Committee; and

    S2M-3267 —That the Parliament agrees that Mr Ted Brocklebank be appointed to replace Alex Johnstone as the Scottish Conservative and Unionist Party substitute on the Subordinate Legislation Committee.

    The motions were agreed to (DT).

  2. Designation of Lead Committees: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved—

    S2M-3268 —That the Parliament agrees that the Local Government and Transport Committee be designated as lead committee and that the Standards and Public Appointments Committee be designated as secondary committee in consideration of the draft Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2005; and

    S2M-3269 —That the Parliament agrees that the Local Government and Transport Committee be designated as lead committee and that the Standards and Public Appointments Committee be designated as secondary committee in consideration of the draft Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Treatment of Office or Body as Specified Authority) Order 2005.

    The motions were agreed to (DT).

  3. Decision Time: The Parliament took decisions on items 2, 3, 4, 6, 7 and 8 as noted above.

  4. Future of Crofting: The Parliament debated S2M-3219 in the name of John Farquhar Munro—That the Parliament recognises the importance of crofting to the social and economic life of the Highlands and Islands and wishes to see the continuation of sustainable crofting communities; shares the concerns of crofting communities, such as those in Skye and Lochalsh and throughout the crofting counties, regarding the threat to crofting communities from the lack of action by the Crofters Commission over the decrofting of land and sale of crofts, and from absentee crofters and dereliction; believes that crofting tenancies should not be sold on the open market which is currently allowing local people to be outbid by those with no understanding of, or long-term commitment to, crofting and the crofting community, and further believes that if this continues it will, in a generation, lead to the end of crofting in everything but name.

The meeting closed at 6.02 pm.

P E Grice
Clerk of the Parliament
14 September 2005

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

New Bills introduced or reprinted on 12 September 2005

Interests of Members of the Scottish Parliament Bill —A Bill for an Act of the Scottish Parliament to make provision (including provision for the purposes of section 39 of the Scotland Act 1998) about the registration and declaration of interests of members of the Scottish Parliament and the prohibition of advocacy by such members in return for payment or benefit in kind; and for connected purposes. (SP Bill 44) (Committee Bill)

Introduced by: Brian Adam (on behalf of the Standards and Public Appointments Committee)

Explanatory Notes (and other accompanying documents) (SP Bill 44-EN) were printed to accompany the Bill.

Subordinate Legislation

Negative Instruments

The following instrument was laid before the Parliament on 8 September 2005 and is subject to annulment

The Food Safety (General Food Hygiene) Amendment (Scotland) Regulations 2005 (SSI 2005/435)

laid under section 48(3) of the Food Safety Act 1990

The following instruments were laid before the Parliament on 9 September 2005 and are subject to annulment—

The Dissolution of Funding Councils (Scotland) Order 2005 (SSI 2005/437)

laid under section 34 of the Further and Higher Education (Scotland) Act 2005

The Registration of Fish Sellers and Buyers and Designation of Auction Sites (Scotland) Amendment Regulations 2005 (SSI 2005/438)

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

The Housing (Scotland) Act 2001 (Transfer of Scottish Homes Property and Liabilities) Order 2005 (SSI 2005/439)

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

The following instruments were laid before the Parliament on 13 September 2005 and are subject to annulment—

The Mental Health (Period for Appeal) (Scotland) (No. 2) Regulations 2005 (SSI 2005/441)—

The Mental Welfare Commission for Scotland (Procedure and Delegation of Functions) (No. 2) Regulations 2005 (SSI 2005/442)—

The Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005 (SSI 2005/443)—

The Mental Health (Form of Documents) (Scotland) Regulations 2005 (SSI 2005/444)—

The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005 (SSI 2005/445)—

The Mental Health (Class of Nurse) (Scotland) Regulations 2005 (SSI 2005/446)—

The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provision) Order 2005 (SSI 2005/452)—

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

The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2005 (SSI 2005/448)—

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2005 (SSI 2005/449)—

The Criminal Legal Aid (Scotland) Amendment Regulations 2005 (SSI 2005/450)—

The Legal Aid in Contempt of Court Proceedings (Scotland) Amendment Regulations 2005 (SSI 2005/451)—

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

The following instrument was laid before the Parliament on 14 September 2005 and is subject to annulment

The Fire and Rescue Services (Framework) (Scotland) Order 2005 (SSI 2005/453)

laid under section 88(3) of the Fire (Scotland) Act 2005

Other Documents

The following document was laid before the Parliament on 8 September 2005 and is not subject to any Parliamentary procedure

Section 306 Costs, Sentencing Profiles and the Scottish Criminal Justice System, 2003 (SE/2005/98)

laid under section 306 of the Criminal Procedure (Scotland) Act 1995

Committee Reports

The following reports were published on 12 September 2005—

Environment and Rural Development Committee, 11th Report, 2005 (Session 2): Report on Subordinate Legislation (SP Paper 411)

Health Committee, 13th Report, 2005 (Session 2): Report on Subordinate Legislation (SP Paper 412)

The following report was published on 13 September 2005

Local Government and Transport Committee, 9th Report, 2005 (Session 2): Report on Subordinate Legislation (SP Paper 413)

The following reports were published on 14 September 2005—

Enterprise and Culture Committee , 8th Report, 2005 (Session 2), Report on Subordinate Legislation (SP Paper 414)

Education Committee, 9th Report, 2005 (Session 2): Report on Subordinate Legislation (SP Paper 415)