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Meeting of the Parliament

Wednesday 26 October 2005

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Reverend Brian Lamb, St Patrick’s Church, Shotts, led Time for Reflection.

2. Scottish Parliamentary Corporate Body Report on Prioritisation of the Non-Executive Bills Unit’s Workload: Mr Duncan McNeil, on behalf of the Scottish Parliamentary Corporate Body, moved S2M-3411—That the Parliament endorses the prioritisation criteria set out in paragraphs 7 to 9 of the Scottish Parliamentary Corporate Body’s 2nd Report, 2005 (Session 2): Report on the Prioritisation of the Non-Executive Bills Unit’s Workload (SP Paper 434) and therefore agrees the recommendations in paragraph 19 of the report.

Mr Brian Monteith moved amendment S2M-3411.2 to motion S2M-3411—

Insert at end—

“with the addition, subject to committee approval of the statement of reasons that further consultation is not necessary and once a successful proposal is lodged, of the Local Government Elections (Scotland) Bill, given that it received 26 signatures of support when previously lodged, is time-sensitive and would be a small piece of legislation requiring only three sections and one member of staff to assist with its progress.”

After debate, the amendment was disagreed to ((DT) by division: For 11, Against 80, Abstentions 21).

Chris Ballance moved amendment S2M-3411.1 to motion S2M-3411—

Leave out from “endorses” to end and insert—

“notes the prioritisation criteria set out in paragraphs 7 to 9 of the Scottish Parliamentary Corporate Body’s (SPCB) 2nd Report, 2005 (Session 2): Report on the Prioritisation of the Non-Executive Bills Unit’s Workload (SP Paper 434); notes with concern that one of these criteria proposes to refuse drafting support based on “the potential size, scope and complexity of a Bill”; further notes with concern the implication that Members’ Bills must therefore be small, narrow in scope and simple in order to receive drafting support from the Parliament; believes that this is the wrong approach to the question of resources within the Non-Executive Bills Unit and that it undermines the founding principles of the Scottish Parliament, in particular that of power sharing, and calls on the SPCB to review its recommendations in order to ensure that all Bill proposals receive fair access to drafting support.”

After debate, the amendment was disagreed to ((DT) by division: For 21, Against 90, Abstentions 1).

The motion was then agreed to ((DT) by division: For 94, Against 14, Abstentions 4).

3. Equality Bill - UK Legislation: The Minister for Communities (Malcolm Chisholm) moved S2M-3440—That the Parliament agrees the principles contained in the provisions of the Equality Bill, including the power to impose duties on public authorities, so far as those provisions relate to matters within the legislative competence of the Scottish Parliament or confer functions on the Scottish Ministers, and agrees that those provisions should be considered by the UK Parliament.

After debate, the motion was agreed to ((DT) by division: For 85, Against 7, Abstentions 20).

4. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3462—That the Parliament agrees the following programme of business—

Wednesday 2 November 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Debate: Freedom of Information

followed by Ministerial Statement: Influenza Contingency Plan

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 3 November 2005

9.15 am Parliamentary Bureau Motions

followed by Scottish Conservative and Unionist Party Business

11.40 am General Question Time

12 noon First Minister's Question Time

2.15 pm Themed Question Time—

Enterprise, Transport and Lifelong Learning;
Justice and Law Officers

2.55 pm Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Management of Offenders etc. (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 9 November 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Environmental Assessment (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 10 November 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

2.55 pm Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

5. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3456—That the Parliament agrees that consideration of the Police, Public Order and Criminal Justice (Scotland) Bill at Stage 1 be completed by 3 February 2006.

The motion was agreed to.

6. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3457—That the Parliament agrees that the timetable for consideration of the Abolition of NHS Prescription Charges (Scotland) Bill at Stage 1 be extended to 26 January 2006.

The motion was agreed to.

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

S2M-3451—That the Parliament agrees that Donald Gorrie be appointed to replace George Lyon as the Scottish Liberal Democrat substitute on the Enterprise and Culture Committee;

S2M-3452—That the Parliament agrees that Euan Robson be appointed to replace Robert Brown as the Scottish Liberal Democrat substitute on the Health Committee; and

S2M-3453—That the Parliament agrees that Mike Pringle be appointed to replace Margaret Smith as the Scottish Liberal Democrat substitute on the Justice 2 Committee.

The motions were agreed to (DT).

8. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3454—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 11) (Scotland) Order 2005 (SSI 2005/455) be approved.

The motion was agreed to ((DT) by division: For 108, Against 5, Abstentions 0).

9. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3455—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Scottish Commissioner for Human Rights Bill at Stage 1.

The motion was agreed to (DT).

10. Decision Time: The Parliament took decisions on items 2, 3, 7, 8 and 9 as noted above.

11. Summer Academy @ Strathclyde: The Parliament debated S2M-3226 in the name of Bill Butler—That the Parliament congratulates Strathclyde University on its innovative Summer Academy, now in its seventh year; recognises the role which it plays in the promotion of the benefits available to young people who wish to continue their studies into further and higher education; notes that the academy now attracts up to 900 school students annually from upwards of 130 secondary schools in west central Scotland, as well as welcoming students from Spain and Sweden; celebrates the scheme as a significant way both to widen access to further and higher education and to promote social inclusion; hopes that it may provide a model for other academic institutions both in Scotland and Europe, and commends the university staff and student mentors for the part they have played in the creation of a Scottish success story as over 6,000 young people have to date graduated from the Summer Academy @ Strathclyde.

The meeting closed at 5.48 pm.

P E Grice
Clerk of the Parliament
26 October 2005


Appendix

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

New Bills introduced or reprinted on 7 October 2005

Scottish Commissioner for Human Rights Bill—A Bill for an Act of the Scottish Parliament to provide for the appointment and functions of the Scottish Commissioner for Human Rights. (SP Bill 48) (Executive Bill)

Introduced by: Cathy Jamieson

Supported by: Robert Brown

Explanatory Notes (and other accompanying documents) (SP Bill 48-EN) and a Policy Memorandum (SP Bill 48-PM) were printed to accompany the Bill.

Subordinate Legislation

Affirmative Instruments

The following instruments were laid before the Parliament on 7 October 2005 for approval by resolution—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 12) (Scotland) Order 2005 (SSI 2005/497)—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (SSI 2005/498)—

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

The following instrument was laid before the Parliament on 11 October 2005 for approval by resolution

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (Scotland) Order 2005 (SSI 2005/506)

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

The following instrument was laid before the Parliament on 21 October 2005 for approval by resolution

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 13) (Scotland) Order 2005 (SSI 2005/520)

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

The following instruments were laid in draft before the Parliament on 19 October 2005 for approval by resolution—

The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005

laid under section 259(9)(b) of the Civil Partnership Act 2004

The Regional Transport Partnerships (Establishment, Constitution and Membership) (Scotland) Order 2005

laid under section 52(3) of the Transport (Scotland) Act 2005

The following instrument was laid in draft before the Parliament on 25 October 2005 for approval by resolution

The Civil Partnership (Jurisdiction and Recognition of Judgments) (Scotland) Regulations 2005

laid under section 219(7) of the Civil Partnership Act 2004

Negative Instruments

The following instruments were laid before the Parliament on 7 October 2005 and are subject to annulment—

The Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005 (SSI 2005/494)

laid under section 17(5) of the Civil Contingencies Act 2004

The Police Pensions (Part-time Service) Amendment (Scotland) Regulations 2005 (SSI 2005/495)

laid under section 1 of the Police Pensions Act 1976

The Salmonella in Broiler Flocks (Sampling Powers) (Scotland) Regulations 2005 (SSI 2005/496)

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

The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005 (SSI 2005/501)

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

The Animals and Animal Products (Import and Export) (Scotland) Amendment (No. 2) Regulations 2005 (SSI 2005/502)

laid under section 56(4) of the Finance Act 1973

The following instrument was laid before the Parliament on 11 October 2005 and is subject to annulment

The Food Hygiene (Scotland) Regulations 2005 (SSI 2005/505)

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

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

The Pollution Prevention and Control (Public Participation etc.) (Scotland) Regulations 2005 (SSI 2005/510)

laid under section 2(7) of the Pollution Prevention and Control Act 1999

The following instrument was laid before the Parliament on 18 October 2005 and is subject to annulment

The National Health Service (Superannuation Scheme, Injury Benefits and Compensation for Premature Retirement) (Scotland) Amendment Regulations 2005 (SSI 2005/512)

laid under sections 10, 12 and 24 of the Superannuation Act 1972

The following instruments were laid before the Parliament on 21 October 2005 and are subject to annulment—

The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 2005 (SSI 2005/514)—

The Additional Support for Learning (Placing Request and Deemed Decisions) (Scotland) Regulations 2005 (SSI 2005/515)—

The Education (Additional Support for Learning) (Scotland) Act 2004 (Transitional and Savings Provisions) Order 2005 (SSI 2005/516)—

The Education (Additional Support for Learning) (Scotland) Act 2004 (Consequential Modifications of Subordinate Legislation) Order 2005 (SSI 2005/517)—

The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 (SSI 2005/518)—

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

The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 (SSI 2005/519)

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 October 2005 and is subject to annulment

The National Assistance (Assessment of Resources) Amendment (No. 2) (Scotland) Regulations 2005 (SSI 2005/522)

laid under section 63(3) of the National Assistance Act 1948

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 7 October 2005 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (East Coast) (Scotland) Revocation Order 2005 (SSI 2005/499)

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

The following instrument was laid before the Parliament on 7 October 2005 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (East Coast) (Scotland) Revocation Order 2005 (SSI 2005/499)

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

Other Documents

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

Council on Tribunals Annual Report 2004-05 (SE/2005/173)

laid under section 4(7) of the Tribunals and Inquiries Act 1992 and section 88(3) of the Scotland Act 1998

Overview of the Water Industry in Scotland: A main report prepared for the Auditor General for Scotland (AGS/2005/6)

laid under the Public Finance and Accountability (Scotland) Act 2000

The following document was laid before the Parliament on 14 October 2005 and is not subject to any Parliamentary procedure

Registers of Scotland Annual Report and Accounts 2004-05 (SE/2005/181)

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

The following document was laid before the Parliament on 17 October 2005 and is not subject to any Parliamentary procedure

UK Film Council Group and Lottery Annual Report and Financial Statements for the year ended 31 March 2005 (SE/2005/192)

laid under section 35(5) of the National Lottery etc. Act 1993 (as amended by the National Lottery Act 1998)

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

Highlands and Islands Enterprise Fourteenth Network Report and Accounts 2004-05 (SE/2005/207)

laid under section 30(8) of the Enterprise and New Towns (Scotland) Act 1990 and section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

The following document was laid before the Parliament on 19 October 2005 and is not subject to any Parliamentary procedure

VisitScotland Report and Accounts 2004-05 (SE/2005/214)

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

The following documents were laid before the Parliament on 21 October 2005 and are not subject to any Parliamentary procedure—

National Galleries of Scotland Annual Accounts for the year ended 31 March 2005 (SE/2005/217)—

National Museums of Scotland Annual Report and Accounts for the year ended 31 March 2005 (SE/2005/218)—

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

The following document was laid before the Parliament on 24 October 2005 and is not subject to any Parliamentary procedure

Scottish Agricultural Science Agency Annual Report and Accounts 2004-05 (SE/2005/191)

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

The following document was laid before the Parliament on 25 October 2005 and is not subject to any Parliamentary procedure

Statistical Bulletin Recorded Crime in Scotland, 2004-05 (SE/2005/220)

laid under section 47(2) of the Police (Scotland) Act 1967

Committee Reports

The following report was published on 7 October 2005

Equal Opportunities Committee, 5th Report, 2005 (Session 2): Preliminary Findings on Gypsy/Travellers - Review of Progress (SP Paper 432)

The following report was published on 11 October 2005

Audit Committee, 7th Report, 2005 (Session 2): Report on Further Education Colleges (SP Paper 436)

The following reports were published on 13 October 2005—

Scottish Parliamentary Corporate Body, 2nd Report, 2005 (Session 2): Report on the Prioritisation of the Non-Executive Bills Unit’s Workload (SP Paper 434)

Environment and Rural Development Committee, 12th Report, 2005 (Session 2): Report on Inquiry into Rural Development (SP Paper 437)

The following report was published on 19 October 2005

Finance Committee, 4th Report, 2005 (Session 2): Report on the Financial Memorandum of the Interests of Members of the Scottish Parliament Bill (SP Paper 438)