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Meeting of the Parliament

Wednesday 13 December 2006

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

The meeting opened at 2.00 pm.

1. Time for Reflection: Father Daniel Fitzpatrick, St Charles, Paisley, 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 2007-08.

3. Fisheries: The Minister for Environment and Rural Development (Ross Finnie) moved S2M-5303—That the Parliament supports the Scottish Executive in its efforts to negotiate the best possible outcome from the EU Fisheries Council in December 2006, an outcome that delivers sustainable fisheries and a fair deal for Scotland’s fishermen and fishing communities.

Richard Lochhead moved amendment S2M-5303.2 to motion S2M-5303—

Insert at end—

“calls for a deal that provides Scotland’s fishing communities with a sustainable share of fishing opportunities and adequate time at sea to allow the industry’s quota to be caught and demands that any deal to the contrary is rejected; notes with regret that the failed Common Fisheries Policy continues to deliver remote, inflexible and draconian fisheries management that results in ongoing instability and uncertainty for our catching and fish processing sectors, and believes that, since over two-thirds of UK fish landings are in Scotland, Scotland’s fisheries minister should be designated as the official lead minister for the United Kingdom in EU negotiations.”

After debate, the amendment was disagreed to ((DT) by division: For 27, Against 86, Abstentions 2).

Mr Ted Brocklebank moved amendment S2M-5303.1 to motion S2M-5303—

Leave out from “an outcome” to end and insert—

“urges the Minister for Environment and Rural Development to resist all attempts to reduce nephrops and cod quotas and to press for increased haddock and monkfish quotas to secure a sustainable future for our remaining fishermen and particularly for the beleaguered processing sector and for the coastal communities dependent on fish, but ultimately believes that the only solution for Scottish fishing is to bring back control and management of the industry to Scotland.”

After debate, the amendment was disagreed to ((DT) by division: For 40, Against 71, Abstentions 5).

Eleanor Scott moved amendment S2M-5303.3 to motion S2M-5303—

Insert at end—

“and affirms that this outcome can best be achieved by shifting to long-term ecosystem-based management plans aimed towards achieving maximum sustainable yield, by making use of bycatch quotas and more technical measures in order to reduce discards and mortality in fisheries with high bycatch levels, by making innovative use of the European Fisheries Fund to support fishermen and associated communities and by supporting bottom-up approaches including the use of regional advisory councils, and urges the Executive to ensure that Scottish fishermen’s adaptability and sacrifices are not undermined by short-term pressures.”

After debate, the amendment was disagreed to ((DT) by division: For 13, Against 102, Abstentions 1).

The motion was then agreed to (DT).

4. Business Motion: Ms Margaret Curran moved S2M-5312—That the Parliament agrees that—

(a) for the purposes of allowing the meeting of the Parliament on 14 December 2006 to continue beyond 5.30 pm, that the word “Wednesday” in Rules 2.2.4 and 2.2.5(c) be suspended and that the word “Thursday” be substituted for it in each place, and that Rule 2.2.5(a) be suspended; that under Rule 2.2.4 thus varied, the meeting of the Parliament on Thursday 14 December 2006 may continue to 7.00 pm, and that Decision Time on Thursday 14 December 2006 shall begin at 6.00 pm; and

(b) that Rule 5.6.1(c) of Standing Orders be suspended for the purposes of Members’ Business on Thursday 21 December 2006.

The motion was agreed to.

5. Business Motion: Ms Margaret Curran moved S2M-5313—That the Parliament agrees the following programme of business—

Wednesday 20 December 2006

10.00 am Time for Reflection

followed by Parliamentary Bureau Motions

followed by Equal Opportunities Committee Debate: 2nd Report 2006, Removing Barriers and Creating Opportunities

2.00 pm Parliamentary Bureau Motions

followed by Finance Committee Debate: 7th Report 2006, Inquiry into Accountability and Governance

followed by Stage 1 Debate: Aquaculture and Fisheries (Scotland) Bill

followed by Financial Resolution: Aquaculture and Fisheries (Scotland) Bill

followed by Justice 2 Committee Motion – Civil Appeals (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.30 pm Decision Time

followed by Members’ Business

Thursday 21 December 2006

9.15 am Parliamentary Bureau Motions

followed by Scottish National Party Business

11.40 am General Question Time

12 noon First Minister’s Question Time

followed by Members’ Business

2.15 pm Themed Question Time—

Education and Young People, Tourism, Culture and Sport;
Finance and Public Services and Communities

2.55 pm Procedures Committee Debate: 6th Report 2006, Public Bills and Substitution; 7th Report 2006, Members’ Interests (Parliamentary Determinations and Resolutions); 8th Report 2006, Consolidation Bill Procedure; 9th Report 2006, Rule 10.3.2 (the "20-day rule")

followed by Finance Committee Debate: Stage 2 of the 2007-08 Budget Process

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

Wednesday 10 January 2007

10.00 am Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Business

2.30 pm 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 11 January 2007

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—

Environment and Rural Development;
Health and Community Care

2.55 pm Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to (DT).

6. Approval of SSIs: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved—

S2M-5308—That the Parliament agrees that the draft Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Treatment of Office or Body as Specified Authority) (Scottish Legal Complaints Commission) Order 2006 be approved;

S2M-5309—That the Parliament agrees that the draft Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 2006 be approved; and

S2M-5310—That the Parliament agrees that the draft Bus User Complaints Tribunal Regulations Revocation Regulations 2006 be approved.

The motions were agreed to (DT).

7. Decision Time: The Parliament took decisions on items 3 and 6 as noted above.

8. Stone of Destiny’s Return to Scone Palace: The Parliament debated S2M-5229 in the name of Murdo Fraser—That the Parliament celebrates the 700th anniversary of the inauguration of King Robert the Bruce to the Scottish throne, which took place at Scone Palace in 1306; congratulates Scone Palace for holding a series of events throughout 2006 to commemorate the 700th anniversary; notes that 30 November 2006, St Andrew’s Day, is the 10th anniversary of the Stone of Destiny being returned to Scotland, and believes that it is now time for the Stone of Destiny to be brought back to Scone Palace, its rightful home.

The meeting closed at 5.37 pm.

P E Grice
Clerk of the Parliament
13 December 2006

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

New Bills introduced or reprinted on 7 December 2006

Adoption and Children (Scotland) Bill—The Bill was reprinted as passed (SP Bill 61B) (Executive Bill).

New Bills introduced or reprinted on 12 December 2006

Transport and Works (Scotland) Bill—The Bill was reprinted as amended at Stage 2 (SP Bill 66A) (Executive Bill).

Subordinate Legislation

Affirmative Instruments

The following instrument was laid in draft before the Parliament on 11 December 2006 for approval by resolution

The Farm Woodland Premium Schemes and SFGS Farmland Premium Scheme Amendment (Scotland) Scheme 2007

laid under section 2(4) of the Farm Land and Rural Development Act 1988

The following instrument was laid in draft before the Parliament on 13 December 2006 for approval by resolution

The Scottish Local Government Elections Order 2007

laid under section 16(5) of the Local Governance (Scotland) Act 2004

Negative Instruments

The following instrument was laid before the Parliament on 11 December 2006 and is subject to annulment

The Sheep and Goats (Identification and Traceability) (Scotland) Amendment (No. 2) Regulations 2006 (SSI 2006/594)

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

The following instrument was laid in draft before the Parliament on 11 December 2006 and is subject to annulment

The Forestry Commission Byelaws 1982 Revocation (Scotland) Byelaws 2007

laid under section 46(4A) of the Forestry Act 1967 and article 3(5) of the Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999

Other Documents

The following document was laid before the Parliament on 12 December 2006 and is not subject to any Parliamentary procedure

Student Awards Agency for Scotland Annual Report and Accounts 2005-06 (SE/2006/237)

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

The following document was laid before the Parliament on 13 December 2006 and is not subject to any Parliamentary procedure

Overview of the financial performance of the NHS in Scotland: A report prepared for the Auditor General for Scotland (AGS/2006/14)

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

Committee Reports

The following report was published on 12 December 2006

Finance Committee, 9th Report, 2006 (Session 2): Stage 2 of the 2007-08 Budget Process (SP Paper 695)

The following report was published on 13 December 2006

Subordinate Legislation Committee, 47th Report, 2006 (Session 2): Legal Profession and Legal Aid (Scotland) Bill as amended at Stage 2 (SP Paper 696)