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Meeting of the Parliament

Thursday 14 December 2006

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

The meeting opened at 9.15 am.

1. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau moved S2M-5318—That the Parliament agrees that, during Stage 3 of the Legal Profession and Legal Aid (Scotland) Bill, debate on groups of amendments shall, subject to Rule 9.8.4A, be brought to a conclusion by the time limit indicated, each time limit being calculated from when the Stage begins and excluding any periods when other business is under consideration or when a meeting of the Parliament is suspended (other than a suspension following the first division in each of the morning and the afternoon being called) or otherwise not in progress:

Groups 1 to 5: 45 minutes
Groups 6 to 9: 1 hour and 15 minutes
Group 10: 2 hours
Groups 11 and 12: 2 hours and 25 minutes
Groups 13 to 17: 3 hours
Groups 18 to 20: 3 hours and 35 minutes
Groups 21 to 23: 3 hours and 55 minutes
Groups 24 to 29: 4 hours and 20 minutes
Groups 30 to 34: 4 hours and 45 minutes

The motion was agreed to.

2. Legal Profession and Legal Aid (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to (without division): 18, 20, 22, 23, 24, 26, 27, 30, 33, 35, 2, 3D, 3E, 3F, 3, 4A, 4, 41, 43, 45, 49, 50, 52, 53, 54, 55, 56, 58, 60, 61, 63 and 65.

The following amendments were agreed to (by division)—

29 (For 88, Against 15, Abstentions 0)
47 (For 81, Against 20, Abstentions 0)
48 (For 79, Against 22, Abstentions 0)

The following amendments were disagreed to (by division)—

8 (For 32, Against 61, Abstentions 0)
19 (For 31, Against 64, Abstentions 0)
1 (For 41, Against 64, Abstentions 0)
28 (For 37, Against 66, Abstentions 0)
34 (For 37, Against 64, Abstentions 0)
36 (For 36, Against 63, Abstentions 0)
39 (For 34, Against 71, Abstentions 0)
40 (For 34, Against 69, Abstentions 0)
46 (For 16, Against 85, Abstentions 0)
64 (For 34, Against 73, Abstentions 0)

The following amendments were moved and, with the agreement of the Parliament, withdrawn: 9, 10, 17, 25 and 38.

The following amendments were not moved: 11, 12, 13, 14, 15, 16, 21, 37, 3A, 3B, 3C, 237, 42, 44, 57, 59 and 62.

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

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

5. 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.

6. Legal Profession and Legal Aid (Scotland) Bill - Stage 3: The Parliament resumed consideration of the Bill at Stage 3.

The following amendments were agreed to (without division): 66, 67, 68, 69, 70, 73, 75, 76, 77, 79, 81, 82, 83, 85, 86, 88, 89, 91, 92, 94, 95, 96, 97, 98, 103, 106, 110, 112, 113, 114, 115, 116, 118, 119, 120, 121, 122, 123, 125, 128, 133, 135, 136, 137, 138, 140, 142, 143, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 226, 227, 174, 176, 180, 182, 185, 186, 188, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 and 223.

Amendment 72 was agreed to (by division: For 86, Against 14, Abstentions 0).

The following amendments were disagreed to (by division)—

5 (For 33, Against 71, Abstentions 1)
71 (For 37, Against 68, Abstentions 0)
6 (For 30, Against 71, Abstentions 0)
80 (For 36, Against 67, Abstentions 0)
130 (For 35, Against 65, Abstentions 0)
175 (For 13, Against 74, Abstentions 0)
181 (For 11, Against 86, Abstentions 0)
184 (For 14, Against 84, Abstentions 0)

The following amendments were not moved: 7, 74, 84, 90, 93, 99, 100, 101, 102, 104, 105, 107, 108, 109, 111, 117, 124, 126, 127, 129, 131, 132, 134, 139, 141, 146, 238, 177, 178, 179, 183, 187 and 211.

7. Legal Profession and Legal Aid (Scotland) Bill: The Deputy Minister for Justice (Johann Lamont) moved S2M-5223—That the Parliament agrees that the Legal Profession and Legal Aid (Scotland) Bill be passed.

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

8. 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 Thursday 14 December be taken at 5.00 pm.

The motion was agreed to.

9. Decision Time: The Parliament took a decision on item 7 as noted above.

10. The Carbon Trust: The Parliament debated S2M-5207 in the name of Nora Radcliffe—That the Parliament notes the recent successful parliamentary reception held by the Carbon Trust; values the role the trust plays in Scotland in helping organisations to reduce carbon emissions, develop low-carbon technologies and respond to climate change; notes the positive views about the Carbon Trust in Scotland expressed by representatives of RHI Refractories in Clydebank and Ocean Power Delivery, two of the many Scottish companies that have received support from the Carbon Trust; notes that Aberdeen City Council pioneered the Local Authority Carbon Management Programme which Aberdeenshire Council is also using; notes with interest that organisations that take steps to reduce carbon emissions not only help the environment but can also benefit financially from more efficient use of energy, and believes that everyone concerned with reducing carbon emissions and improving business efficiency should be encouraged to spread the good word about what the Carbon Trust can do to help organisations, both large and small, across all sectors in Scotland to ensure that our nation’s carbon footprint on the world is as small as possible.

The meeting closed at 6.06 pm.

P E Grice
Clerk of the Parliament
14 December 2006


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 14 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 Farm Woodland Premium Schemes and SFGS Farmland Premium Scheme Amendment (Scotland) Scheme 2007, laid in draft on 11 December 2007, has been withdrawn

Other Documents

The following document were laid before the Parliament on 14 December 2006 and are not subject to any Parliamentary procedure

Scottish Fisheries Protection Agency Annual Report and Accounts 2005-06, incorporating a report by the Auditor General for Scotland on the audit of Scottish Fisheries Protection Agency (SE/2006/145)—

Scottish Court Service Annual Report and Accounts 2005-06 (SE/2006/232)—

The Office of the Charity Regulator Annual Report and Accounts for the year ended 31 March 2006 (SE/2006/248)—

Scottish Public Pensions Agency – Pension Scheme Statement, NHS Pension Scheme (Scotland) 2005-06 (SE/2006/253)—

Scottish Public Pensions Agency – Pension Scheme Statement, Scottish Teachers’ Pension Scheme (Scotland) 2005-06 (SE/2006/254)—

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

Accountant in Bankruptcy Annual Report and Accounts 2005-06 (SE/2006/236)

laid under section 1A(1)(c) of the Bankruptcy (Scotland) Act 1985, section 159 of the Bankruptcy (Scotland) Act 1913 and section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

Loch Lomond & The Trossachs National Park Annual Report and Accounts for the year ended 31 March 2006 (SE/2006/257)

laid under section 26 of the National Parks (Scotland) Act 2000 and section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

Committee Reports

The following report was published on 14 December 2006

Subordinate Legislation Committee, 48th Report, 2006 (Session 2): Report on Subordinate Legislation (SP Paper 697)