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Journal of Parliamentary Proceedings Sessions 1 & 2

Committees Sessions 1, 2 & 3

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Meeting of the Parliament

Thursday 16 March 2006

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

The meeting opened at 9.15 am.

1. Ministerial Statement: The Minister for Transport and Telecommunications (Tavish Scott) made a statement and answered questions on an update on Major Public Transport Projects.

2. Appointment of the Scottish Parliamentary Standards Commissioner for a second period: John Scott, on behalf of the Scottish Parliamentary Corporate Body, moved S2M-4095—That the Parliament agrees with the recommendation of the Scottish Parliamentary Corporate Body under Rule 3A.1.2 of Standing Orders that Dr James Dyer should be appointed for a second period as the Scottish Parliamentary Standards Commissioner with effect from 1 April 2006.

Tommy Sheridan moved amendment S2M-4095.1 to motion S2M-4095—

Leave out from “agrees” to end and insert—

“does not, at this stage, agree with the recommendation of the Scottish Parliamentary Corporate Body that Dr James Dyer should be appointed for a second period as Scottish Parliamentary Standards Commissioner and agrees that an independent investigation should be instigated into the transparency and accountability of the actions of the Standards Commissioner and the standards process.”

After debate, the amendment was disagreed to ((DT) by division: For 12, Against 77, Abstentions 12).

The motion was then agreed to ((DT) by division: For 67, Against 17, Abstentions 16).

3. Make Poverty History: The Parliament debated the subject of Make Poverty History.

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

5. First Minister’s Question Time: Questions were answered by the Deputy First Minister and Minister for Enterprise and Lifelong Learning (Nicol Stephen).

6. Themed Question Time: Questions on Finance and Communities and on Education, Tourism, Culture and Sport were answered by Scottish Ministers and junior Scottish Ministers.

7. European Commission Green Papers on Applicable Law in Divorce and Succession and Wills: Pauline McNeill, on behalf of the Justice 1 Committee, moved S2M-4088—That the Parliament notes the concerns raised by the Justice 1 Committee in relation to recent European Commission Green Paper proposals on applicable law in divorce and succession and wills; agrees that the proposals are not in the best interests of the people of Scotland, and, in light of the Committee’s views that these proposals are fundamentally flawed and unnecessary, calls on the Scottish Executive to urge the UK Government not to opt in to any draft European Community instruments which emerge following the conclusion of these consultation processes.

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

8. The Scottish Executive’s Fresh Talent Initiative: Linda Fabiani, on behalf of the European and External Relations Committee, moved S2M-4110—That the Parliament notes the 4th Report 2005 (Session 2) of the European and External Relations Committee, Report on an Inquiry into the Scottish Executive’s Fresh Talent Initiative Examining the Problems It Aims to Address, Its Operation, Challenges and Prospects (SP Paper 448).

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

9. Company Law Reform Bill Legislative Consent Motion - UK Government Legislation: The Minister for Justice (Cathy Jamieson) moved S2M-4109—That the Parliament agrees that the relevant provisions of the Company Law Reform Bill, introduced in the House of Lords on 1 November 2005, which will legislate in devolved areas in respect of sole traders, accounting standards and audit for charitable companies and which will alter the executive competence of the Scottish Ministers to allow them to issue guidance to regulatory enforcers and to specify companies to be audited by the Auditor General for Scotland, should be considered by the UK Parliament.

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

10. Motion without Notice: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved without notice that motion S2M-4128 be taken at this meeting of Parliament.

The motion was agreed to.

11. Rule 2.7.2: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-4128—That the Parliament agrees under Rule 2.7.2 that the Parliament shall meet in Committee Rooms 2 and 6 of the Parliament at Holyrood as recommended by the Scottish Parliamentary Corporate Body until 31 March 2006.

The motion was then agreed to ((DT) by division: For 95, Against 2, Abstentions 2).

12. Decision Time: The Parliament took decisions on items 2, 7, 8, 9 and 11 as noted above.

13. Commonwealth Day 2006: The Parliament debated S2M-4060 in the name of Dr Sylvia Jackson—That the Parliament recognises the valuable role of the Commonwealth in strengthening relationships between nations across the world; welcomes the continued contribution of Scotland and its people to those relationships; reaffirms its support for the work of the Commonwealth Parliamentary Association (CPA); notes that this year the CPA Scotland Branch and the Scottish Executive have, as a key focus, continued to develop relationships with Malawi; notes Scotland’s longstanding work, particularly in the area of health, throughout the Commonwealth, and commends the theme of Commonwealth Day this year, “Health and Vitality – the Commonwealth Challenge”, which highlights the relevance of health, as illustrated in the United Nations Millennium Development Goals.

The meeting closed at 5.58 pm.

P E Grice
Clerk of the Parliament
16 March 2006

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

Subordinate Legislation

Affirmative Instruments

The following instruments were laid in draft before the Parliament on 16 March 2006 for approval by resolution—

The Planning and Compulsory Purchase Act 2004 (Commencement No. 2 and Consequential Provisions) (Scotland) Order 2006

laid under section 122(9) of the Planning and Compulsory Purchase Act 2004

The Maximum Number of Part-Time Sheriffs (Scotland) Order 2006

laid under section 11(D)(2) of the Sheriff Courts (Scotland) Act 1971

Negative Instruments

The following instruments were laid before the Parliament on 16 March 2006 and are subject to annulment—

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2006 (SSI 2006/149)

laid under section 105(2) of the National Health Service (Scotland) Act 1978

The Sewerage Nuisance (Code of Practice) (Scotland) Order 2006 (SSI 2006/155)

laid under section 34(3) of the Water Services etc. (Scotland) Act 2005

The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2006 (SSI 2006/156)

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

The Erskine Bridge (Temporary Suspension of Tolls) Order 2006 (SSI 2006/157)

laid under section 15(2) of the Erskine Bridge Tolls Act 1968

Committee Reports

For further information on accessing committee reports, please contact either the relevant clerk or webpage (see end of Bulletin for contact details or access general committee webpage)

http://www.scottish.parliament.uk/business/committees/index.htm

The following reports were published on 16 March 2006—

Local Government and Transport Committee, 4th Report, 2006, (Session 2): Report on Subordinate Legislation (SP Paper 522)

Justice 2 Committee, 3rd Report, 2006 (Session 2): Report on Subordinate Legislation (SP Paper 523)