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Meeting of the Parliament

Thursday 15 December 2005

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

The meeting opened at 9.15 am.

  1. Family Law (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 1, 2, 6, 7 and 11

The following amendments were agreed to (by division)—

8 (For 91, Against 34, Abstentions 0)
9 (For 93, Against 31, Abstentions 1)

The following amendments were disagreed to (by division)—

35 (For 13, Against 111, Abstentions 1)
10 (For 7, Against 108, Abstentions 1)
39 (For 10, Against 95, Abstentions 8)

The following amendments were moved and, with the agreement of the Parliament, withdrawn: 36 and 40.

The following amendments were not moved: 37 and 38.

The Presiding Officer extended the time-limits under Rule 9.8.4A.

  1. General Question Time:  Questions were answered by Scottish Ministers and junior Scottish Ministers.

  2. First Minister’s Question Time: Questions were answered by the First Minister (Mr Jack McConnell).

  3. Excess Winter Deaths in Greater Glasgow: The Parliament debated S2M-3482 in the name of Paul Martin—That the Parliament notes this year’s Scottish excess winter death figures, which show that the NHS Greater Glasgow area has the largest number of excess winter deaths in Scotland; expresses great concern that the number of excess winter deaths in Glasgow among older people has increased from 410 to 460; supports the Scottish Executive’s fuel poverty programmes; believes that the Executive should continue to commit to the programmes and its pledge to eradicate fuel poverty by 2017, and supports the work of the Scottish Gas Help the Aged Partnership and its call to the Executive for a holistic approach to address the problem of excess winter deaths, including looking at nutrition, regular exercise, flu jab uptake, appropriate clothing, maximising incomes, proper insulation and heating systems for homes, extending the gas main where it is economically viable and providing greater face-to-face support and practical help for older people.

  4. Themed Question Time: Questions on Enterprise, Transport and Lifelong Learning, and on Justice and Law Officers were answered by Scottish Ministers and junior Scottish Ministers and by the Scottish Law Officers.

  5. Family Law (Scotland) Bill - Stage 3: The Parliament resumed consideration of the Bill at Stage 3.

The following amendments were agreed to without division: 12, 13, 14, 18, 50, 51, 25, 26, 5, 29, 30, 31, 32, 33 and 34.

The following amendments were agreed to (by division)—

15 (For 78, Against 39, Abstentions 0)
4 (For 92, Against 10, Abstentions 11)

The following amendments were disagreed to (by division)—

41 (For 21, Against 96, Abstentions 2)
42 (For 45, Against 74, Abstentions 0)
44 (For 28, Against 87, Abstentions 0)
3 (For 22, Against 91, Abstentions 2)
49 (For 34, Against 85, Abstentions 0)

The following amendments were moved and, with the agreement of the Parliament, withdrawn: 45, 16, 22 and 47.

The following amendments were not moved: 17, 18A, 46, 23, 24, 48, 52, 53, 54, 27 and 28.

The Presiding Officer extended the time-limits under Rule 9.8.4A.

  1. Motion without Notice: Margaret Curran moved without notice that, under Rule 9.8.5A, the debate on Group 20 be extended by 10 minutes. 

    The motion was agreed to.

  2. Family Law (Scotland) Bill: The Minister for Justice (Cathy Jamieson) moved S2M-3628—That the Parliament agrees that the Family Law (Scotland) Bill be passed.

    After debate, the motion was agreed to ((DT) by division: For 104, Against 12, Abstentions 6).

  3. Animal Welfare Bill: The Deputy Minister for Environment and Rural Development (Rhona Brankin) moved S2M-3741—That the Parliament agrees the principle of reciprocal recognition of court orders in relation to animal welfare and agrees that the relevant provisions of the Animal Welfare Bill, introduced into the House of Commons on 13 October 2005, so far as they relate to matters within the legislative competence of the Parliament, should be considered by the UK Parliament.

    After debate, the motion was agreed to ((DT) by division: For 94, Against 1, Abstentions 26).

  4. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3725—That the Parliament agrees that the Justice 2 Committee reports to the Environment and Rural Development Committee by 13 January 2006 on the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006.

    The motion was agreed to.

  5. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3726—That the Parliament agrees that the timetable for consideration of the Environmental Levy on Plastic Bags (Scotland) Bill at Stage 1 be extended to 27 October 2006.

    The motion was agreed to.

  6. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3729—That the Parliament agrees that consideration of the Human Tissue (Scotland) Bill at Stage 2 be completed by 20 January 2006.

    The motion was agreed to.

  7. Establishment of Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3738—That the Parliament agrees to establish a committee of the Parliament as follows:

    Name of Committee: Interests of Members of the Scottish Parliament Bill Committee;

    Remit: To consider the Interests of Members of the Scottish Parliament Bill at Stage 2;

    Duration: Until the Bill is passed, or falls or is otherwise no longer in progress;

    Convenership: The Convener will be a member of the Scottish National Party and the Deputy Convener will be a member of the Labour Party; 

    Membership:  Susan Deacon and Margaret Jamieson (Labour), Mrs Margaret Ewing (SNP), Mr Jamie McGrigor (Conservative), Mike Rumbles (Liberal Democrat).

    The motion was agreed to (DT).

  8. Decision Time: The Parliament took decisions on items 8, 9 and 13 as noted above.

The meeting closed at 6.34 pm.

P E Grice
Clerk of the Parliament
15 December 2005

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

Affirmative Instruments

The following instrument was laid in draft before the Parliament on 15 December 2005 for approval by resolution

The Police Act 1997 Amendment (Scotland) Order 2006

laid under section 172(8) of the Serious Organised Crime and Police Act 2005

Negative Instruments

The following instruments were laid before the Parliament on 15 December 2005 and are subject to annulment—

The Fossil Fuel Levy (Scotland) Amendment Regulations 2005 (SSI 2005/641)

laid under section 106(2) of the Electricity Act 1989

The Products of Animal Origin (Third Country Imports) (Scotland) Amendment (No. 2) Regulations 2005 (SSI 2005/645)—

The Avian Influenza (Preventative Measures) (Scotland) Amendment Regulations 2005 (SSI 2005/646)—

The Avian Influenza (Preventative Measures in Zoos) (Scotland) Amendment Regulations 2005 (SSI 2005/647)—

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

Other Documents

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

Community Fund Annual Report and Accounts for the financial year ended 31 March 2005 (SE/2005/202)

laid under section 34(3) of the National Lottery etc. Act 1993 and section 88 of the Scotland Act 1998

The National Archives of Scotland Accounts for the year ended 31 March 2005 (SE/2005/233)—

Scottish Court Service Annual Report and Accounts 2004-05 (SE/2005/248)—

Loch Lomond and The Trossachs National Park Accounts for the year ended 31 March 2005 (SE/2005/261)—

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

Legislation Consent Memorandums

The following memorandum was lodged on 15 December 2005

Legislative Consent Memorandum on the Company Law Reform Bill (LCM(S2) 2.1)

Committee Reports

The following reports were published on 15 December 2005—

Local Government and Transport Committee, 14th Report, 2005 (Session 2):  Report on Subordinate Legislation (SP Paper 473)

Subordinate Legislation Committee, 46th Report, 2005 (Session 2): Report on Family Law (Scotland) Bill as amended at Stage 2 (SP Paper 474)