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Meeting of the Parliament

Wednesday 23 November 2005

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

The meeting opened at 2.30 pm.

  1. Time for Reflection: Father Joe Boland, Parish Priest of St Matthew’s Kilmarnock, led Time for Reflection.

  2. Ministerial Statement: The Minister for Finance and Public Service Reform (Mr Tom McCabe) made a statement and answered questions on the local government finance settlement 2006-07.

  3. Procedures Committee, The Sewel Convention: Donald Gorrie, on behalf of the Procedures Committee, moved S2M-3594—That the Parliament notes the Procedures Committee’s 7th Report, 2005 (Session 2), The Sewel Convention (SP Paper 428); endorses its conclusions and recommendations, and agrees that the changes to Standing Orders set out in Annexe A to the report be made with effect from 30 November 2005, subject to the requirement in new Rule 9B.3.1 applying only in relation to Bills introduced, or amendments agreed to or tabled (as the case may be), after that date.

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

  4. Procedures Committee, Admissibility and Closure of Public Petitions: Donald Gorrie, on behalf of the Procedures Committee, moved S2M-3595—That the Parliament notes the Procedures Committee’s 6th Report, 2005 (Session 2), Admissibility and Closure of Public Petitions (SP Paper 420), and agrees that the changes to Standing Orders set out in Annexe A to the report be made with effect from 30 November 2005.

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

  5. Decision Time: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved, without notice, a motion under 11.2.4 of Standing Orders that Decision Time on Wednesday 23 November 2005 be taken at 5.15 pm.

    The motion was agreed to.

  6. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3617—That the Parliament agrees the following programme of business—

Wednesday 30 November 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 1 Debate: Human Tissue (Scotland) Bill

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 Debate: Ambitious Excellent Schools – One Year On

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 Debate: Sea Fisheries

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 7 December 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 8 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—

Health and Community Care;
Environment and Rural Development

2.55 pm Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Bill Aitken moved amendment S2M-3617.1 to motion S2M-3617—

leave out—

followed by Executive Debate: Ambitious Excellent Schools – One Year On”

and insert—

followed by Executive Debate: Protocol between Scottish Executive and UK Government on Treatment of Asylum Seekers”

After debate, the amendment was disagreed to (by division: For 50, Against 65, Abstentions 1).

Chris Ballance moved amendment S2M-3617.2 to motion S2M-3617—

After—

“2.30 pmTime for Reflection

followed by Parliamentary Bureau Motions”

Insert—

followed by Executive Debate: Removal of Asylum Seekers”
After debate, the amendment was disagreed to (by division: For 51, Against 66, Abstentions 0).

Colin Fox moved amendment S2M-3617.3 to motion S2M-3617—

After—

followed by Stage 1 Debate: Human Tissue (Scotland) Bill”

Insert—

followed by Executive Debate: Removal of Asylum Seekers”

After debate, the amendment was disagreed to (by division: For 51, Against 66, Abstentions 0).

After debate, the motion was then agreed to (by division: For 65, Against 51, Abstentions 1).

  1. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3610—That the Parliament agrees that the draft Transfer of Rail Functions to the Scottish Ministers Order 2005 be approved.

    The motion was agreed to ((DT) by division: For 93, Against 17, Abstentions 7).

  2. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3611—That the Parliament agrees that the draft Civil Partnership (Jurisdiction and Recognition of Judgment) (Scotland) Regulations 2005 be approved.

    The motion was agreed to (DT).

  3. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3612—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No. 2) (Scotland) Order 2005 (SSI 2005/548) be approved.

    The motion was agreed to ((DT) by division: For 108, Against 6, Abstentions 1).

  4. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3613—That the Parliament agrees that the draft Regional Transport Partnerships (Establishment, Constitution and Membership) (Scotland) Order 2005 be approved.

    The motion was agreed to (DT).

  5. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3614—That the Parliament agrees that the draft Victim Statements (Prescribed Courts) (Scotland) Revocation Order 2005 be approved.

    The motion was agreed to (DT).

  6. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3615—That the Parliament agrees that the Enterprise and Culture Committee be designated as lead committee in consideration of the Bankruptcy and Diligence etc. (Scotland) Bill at Stage 1.

    The motion was agreed to (DT).

  7. Decision Time: The Parliament took decisions on items 3, 4, 6, 7, 8, 9, 10, 11 and 12 as noted above.

  8. Promoting Energy Saving Using Micro and Small-Scale Renewable Technology: The Parliament debated S2M-3320 in the name of Ms Sarah Boyack—That the Parliament believes that micro and small-scale renewable technology offers huge opportunities to tackle both fuel poverty and the causes of climate change; notes the Scottish Executive’s target of achieving a 20% improvement in energy efficiency on 2000 levels by 2010; believes that, to help achieve this target, building standards should be amended to include micro-renewable technology as permitted developments and should require generation capacity to be included in all new developments; particularly notes examples of good practice in Edinburgh Central such as Dunedin Canmore Housing Association’s European award-nominated Slateford Green Development; believes that local authorities should be required to consider the role that micro-generation targets could deliver in achieving sustainable energy and to set appropriate targets accordingly; notes the Energy Savings Trust’s proposal of a flat rate reduction on council tax or its replacement for houses which incorporate certified energy efficiency or micro-renewable technology, and believes that fiscal measures such as these should be actively considered.

The meeting closed at 6.17 pm.

P E Grice
Clerk of the Parliament
23 November 2005

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

New Bills introduced or reprinted on 21 November 2005

Bankruptcy and Diligence etc. (Scotland) Bill—A Bill for an Act of the Scottish Parliament to amend the law of sequestration and personal insolvency; to amend the law about floating charges; to establish a Scottish Civil Enforcement Commission and replace officers of court with messengers of court; to amend the law of diligence; and for connected purposes. (SP Bill 50) (Executive Bill)

Introduced by:  Nicol Stephen
Supported by:  Allan Wilson

Explanatory Notes (and other accompanying documents) (SP Bill 50-EN) and a Policy Memorandum (SP Bill 50-PM) were printed to accompany the Bill.

Subordinate Legislation

Affirmative Instruments

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

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 17) (Scotland) Order 2005 (SSI 2005/585)

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

Negative Instruments

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

Act of Sederunt (Fees of Sheriff Officers) 2005 (SSI 2005/583)

laid under section 40 of the Sheriff Courts (Scotland) Act 1907 and section 6 of the Execution of Diligence (Scotland) Act 1926

The Criminal Legal Aid (Scotland) (Fees) Amendment (No. 2) Regulations 2005 (SSI 2005/584)

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

The following instrument was laid before the Parliament on 21 November 2005 and is subject to annulment

The Bovine Products (Restriction on Placing on the Market) (Scotland) (No. 2) Regulations 2005 (SSI 2005/586)

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

Other Documents

The following document was laid before the Parliament on 23 November 2005 and is not subject to any Parliamentary procedure

Her Majesty’s Chief Inspector of Fire Services for Scotland Report for 2004-05 (SE/2005/212)

Committee Reports

The following report was published on 21 November 2005

Justice 1 Committee, 11th Report, 2005 (Session 2): Report on Subordinate Legislation (SP Paper 452)

The following report was published on 22 November 2005

Health Committee, 19th Report, 2005 (Session 2): Stage 1 Report on the Human Tissue (Scotland) Bill (SP Paper 451)