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Meeting of the Parliament

Wednesday 16 November 2005

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

The meeting opened at 2.00 pm.

1. Time for Reflection: Mr Muhamed Tufail Shaheen of the Islamic Centre, Glasgow, led Time for Reflection.

2. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-3581—That the Parliament agrees under Rule 11.2.4 of the Standing Orders that Decision Time on Wednesday 16 November 2005 shall begin at 5.30 pm.

The motion was agreed to.

3. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3580—That the Parliament agrees the following revision to the programme of business for Wednesday 16 November 2005—

Wednesday 16 November 2005

delete,

5.00 pm                          Decision Time
followed by                      Members’ Business – Debate on the subject of S2M-3507 Colin Fox: Scotland’s Social Housing Provision

and insert,

5.30 pm                          Decision Time
followed by                      Members’ Business – Debate on the subject of S2M-3507 Colin Fox: Scotland’s Social Housing Provision

The motion was agreed to.

4. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3583—That the Parliament agrees that, during Stage 3 of the Licensing (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, other than a suspension following the first division in the Stage being called, or otherwise not in progress):

Groups 1 to 4 - 25 minutes
Groups 5 to 8 - 55 minutes
Groups 9 to 11 - 1 hour and 15 minutes
Groups 12 to 15 - 2 hours
Groups 16 to 19 - 2 hours and 25 minutes
Groups 20 to 22 - 2 hours and 40 minutes

The motion was agreed to.

5. Licensing (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 7, 8, 9, 10, 11, 12, 13, 6, 60, 14, 15, 16, 17A, 17, 18, 19, 20, 21, 22, 23, 24A, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 73, 74, 75, 76, 77, 38, 39, 40, 66, 67, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56 and 57

The following amendments were agreed to (by division)—

            12A     (For 106, Against 12, Abstentions 0)
            63        (For 72, Against 46, Abstentions 0)
            64A     (For 97, Against 21, Abstentions 1)
            64        (For 92, Against 27, Abstentions 0)
            37        (For 99, Against 1, Abstentions 1)

The following amendments were disagreed to (by division)—

            58        (For 45, Against 73, Abstentions 0)
            62        (For 43, Against 76, Abstentions 0)
            83        (For 23, Against 95, Abstentions 1)
            65        (For 19, Against 98, Abstentions 0)
            68        (For 13, Against 96, Abstentions 2)

The following amendments were moved and, with the agreement of the Parliament, withdrawn: 61 and 1

The following amendments were not moved: 59, 21A, 2, 3, 4, 5, 69, 70 and 71.

6. Motion without Notice: Ms Margaret Curran moved without notice that, under Rule 9.8.5A, the debate on Groups 5 to 8 be extended by 20 minutes. 

The motion was agreed to.

7. Motion without Notice: George Lyon moved without notice that, under Rule 9.8.5A, the debate on Groups 5 to 8 be extended by a further 10 minutes. 

The motion was agreed to.

8. Licensing (Scotland) Bill - Stage 3: The Deputy Minister for Finance and Public Service Reform and Parliamentary Business (George Lyon) moved S2M-3437—That the Parliament agrees that the Licensing (Scotland) Bill be passed.

The motion was agreed to ((DT) by division: For 71, Against 42, Abstentions 4).

9. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3577—That the Parliament agrees the following programme of business—

Wednesday 23 November 2005

2.30 pm                          Time for Reflection
followed by                      Parliamentary Bureau Motions
followed by                      Ministerial Statement: Local Government Finance Settlement 2006-2007
followed by                      Procedures Committee Debate: 7th Report 2005, The Sewel Convention
followed by                      Procedures Committee Debate: 6th Report 2005, Admissibility and Closure of Public Petitions
followed by                      Business Motion
followed by                      Parliamentary Bureau Motions
5.00 pm                          Decision Time
followed by                      Members’ Business

Thursday 24 November 2005

9.15 am                          Parliamentary Bureau Motions
followed by                      Stage 3 Proceedings: Housing (Scotland) Bill
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                          Conclusion of Stage 3 Proceedings: Housing (Scotland) Bill
followed by                      Parliamentary Bureau Motions
5.00 pm                          Decision Time
followed by                      Members’ Business

Wednesday 30 November 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 1 December 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—
                                          Finance and Public Services and Communities;
                                          Education and Young People, Tourism, Culture and Sport
2.55 pm                          Executive Business
followed by                      Parliamentary Bureau Motions
5.00 pm                          Decision Time
followed by                      Members’ Business

The motion was agreed to.

10. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3578—That the Parliament agrees that consideration of the Joint Inspection of Children’s Services and Inspection of Social Work Services (Scotland) Bill at Stage 1 be completed by 7 December 2005.

The motion was agreed to.

11. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3579—That the Parliament agrees that consideration of the Scottish Schools (Parental Involvement) (Scotland) Bill at Stage 1 be completed by 23 February 2006.

The motion was agreed to.

12. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved—

S2M-3569—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 13) (Scotland) Order 2005 (SSI 2005/520) be approved; and

S2M-3570—That the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 14) (Scotland) Order 2005 (SSI 2005/529) be approved.

The motions were agreed to ((DT) by division: For 113, Against 3, Abstentions 0).

13. Decision Time: The Parliament took decisions on items 8 and 12 as noted above.

14. Scotland’s Social Housing Provision: The Parliament debated S2M-3507 in the name of Colin Fox—That the Parliament recognises that affordable social housing is in short supply across Scotland in both rural and urban areas and welcomes all efforts to ensure that everyone gets the opportunity to live in a decent home fit for the 21st century; welcomes the decision of Midlothian Council, for example, to build 1,000 new council houses; urges all council tenants in Edinburgh to make their views known in the stock transfer referendum scheduled for later this month, and believes that local tenant-led participation is crucial to the effective democratic management of social housing projects all across Scotland.

The meeting closed at 6.56 pm.

P E Grice
Clerk of the Parliament
16 November 2005

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

Subordinate Legislation

Affirmative Instruments

The following instrument was laid in draft before the Parliament on 11 November 2005 for approval by resolution

The Private Landlord Registration Modification (Scotland) Order 2005
            laid under section 141 of the Antisocial Behaviour etc. (Scotland) Act 2004

The following instruments were laid before the Parliament on 14 November 2005 for approval by resolution—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 15) (Scotland) Order 2005 (SSI 2005/575)—
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 16) (Scotland) Order 2005 (SSI 2005/579)—
            laid under section 1(8) of the Food and Environment Protection Act 1985

Negative Instruments

The following instruments were laid before the Parliament on 10 November 2005 and are subject to annulment—

The Marriages and Civil Partnerships (Fees) (Scotland) Regulations 2005 (SSI 2005/556)
            laid under section 54(2) of the Births, Deaths and Marriages (Scotland) Act 1965, section 25
            of the Marriages (Scotland) Act 1977 and section 126 of the Civil Partnership Act 2004

The Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005 (SSI 2005/565)
            laid under section 67(1) and (5) of the Disability Discrimination Act 1995

The Firefighters’ Pension Scheme Amendment (Scotland) Order 2005 (SSI 2005/566)
            laid under section 35 of the Fire Services Act 1947

The following instruments were laid before the Parliament on 11 November 2005 and are subject to annulment—

The Private Landlord Registration (Advice and Assistance) (Scotland) Regulations 2005 (SSI 2005/557)—
The Private Landlord Registration (Information and Fees) (Scotland) Regulations 2005 (SSI 2005/558)—
The Private Landlord Registration (Appeals against Decision as to Rent Payable) (Scotland) Regulations 2005 (SSI 2005/559)—
The Antisocial Behaviour Notice (Appeal against Order as to Rent Payable) (Scotland) Regulations 2005 (SSI 2005/560)—
The Antisocial Behaviour Notice (Management Control Orders) (Scotland) Regulations 2005 (SSI 2005/561)—
The Antisocial Behaviour Notice (Landlord Liability) (Scotland) Regulations 2005 (SSI 2005/562)—
The Antisocial Behaviour Notice (Advice and Assistance) (Scotland) Regulations 2005 (SSI 2005/563—
            laid under section 141 of the Antisocial Behaviour etc. (Scotland) Act 2004

The Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Separations) (Scotland) Regulations 2005 (SSI 2005/567)
            laid under section 237(4) of the Civil Partnership Act 2004

The Civil Partnership Act 2004 (Relationships Arising through Civil Partnership) (Scotland) Order 2005 (SSI 2005/568)
            laid under section 247(7) of the Civil Partnership Act 2004

The Less Favoured Area Support Scheme (Scotland) Regulations 2005 (SSI 2005/569)
            laid under paragraph 2 of Schedule 2 to the European Communities Act 1972

The Registration of Independent Schools (Scotland) Regulations 2005 (SSI 2005/571)
            laid under section 133(2) of the Education (Scotland) Act 1980

The Civil Partnership Act 2004 (Modification of Subordinate Legislation) Order 2005 (SSI 2005/572)
            laid under section 259(9)(b) of the Civil Partnership Act 2004

The Civil Partnership Act 2004 (Overseas Relationships) (Scotland) Order 2005 (SSI 2005/573)
            laid under section 259(8) of the Civil Partnership Act 2004

Other Documents

The following documents were laid before the Parliament on 11 November 2005 and are not subject to any Parliamentary procedure—

Scottish Public Services Ombudsman: Report of an Investigation into a Complaint against Lothian NHS Board (SPSO/2005/07)

Scottish Public Services Ombudsman: Report of an Investigation into a Complaint against NHS Ayrshire and Arran – Primary Care Division (SPSO/2005/08)

The following documents were laid before the Parliament on 15 November 2005 and are not subject to any Parliamentary procedure—

Scottish Arts Council: National Lottery Distribution Fund Account (SE/2005/225)—
sportscotland Lottery Fund Annual Report 2004-05 (SE/2005/228)—
            laid under section 35 of the National Lottery etc. Act 1993

sportscotland: The State of Play 2004-05 (SE/2005/238)
            laid under section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

GTC Scotland Annual Report and Accounts 2004-05 (SE/2005/239)

The following documents were laid before the Parliament on 16 November 2005 and are not subject to any Parliamentary procedure—

Deer Commission for Scotland Annual Report 2004-05 (SE/2005/211)
            laid under section 2(2) of the Deer (Scotland) Act 1996

How government works: Leadership development: A report prepared for the Auditor General for Scotland (AGS/2005/8)
            laid under the Public Finance and Accountability (Scotland) Act 2000

Scottish Parliamentary Corporate Body

The following report was published on 10 November 2005

Scottish Commission for Public Audit, 1st Report, 2005 (Session 2): Audit Scotland’s Expenditure Proposals 2006-2007 (SP Paper 443)

Committee Reports

The following reports were published on 11 November 2005—

Subordinate Legislation Committee, 39th Report, 2005 (Session 2): Report on Subordinate Legislation (SP Paper 444)

Justice 1 Committee, 10th Report, 2005 (Session 2): Report on Subordinate Legislation (SP Paper 445)

The following report was published on 14 November 2005

Subordinate Legislation Committee, 40th Report, 2005 (Session 2): Report on the Licensing (Scotland) Bill as amended at Stage 2 (SP Paper 446)

The following report was published on 16 November 2005

Health Committee, 18th Report, 2005 (Session 2): Report on Subordinate Legislation (SP Paper 447)