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Meeting of the Parliament

Wednesday 20 December 2006

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

The meeting opened at 10.00 am.

1. Time for Reflection: The Most Reverend Dr Idris Jones, Primus of the Scottish Episcopal Church, led Time for Reflection.

2. Equal Opportunities Committee, Removing Barriers and Creating Opportunities: Margaret Smith, on behalf of the Equal Opportunities Committee, moved S2M-5293—That the Parliament notes the conclusions and recommendations contained in the Equal Opportunities Committee’s 2nd Report, 2006 (Session 2): Removing Barriers and Creating Opportunities (SP Paper 677).

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

3. Finance Committee, Report on Inquiry into Accountability and Governance: moved S2M-5320—That the Parliament notes the conclusions and recommendations of the 7th Report, 2006 (Session 2) of the Finance Committee, Inquiry into Accountability and Governance (SP Paper 631).

After debate, the motion was agreed to ((DT) by division: For 102, Against 2, Abstentions 7).

4. Aquaculture and Fisheries (Scotland) Bill – Stage 1: The Deputy Minister for Environment and Rural Development (Rhona Brankin) moved S2M-5224—That the Parliament agrees to the general principles of the Aquaculture and Fisheries (Scotland) Bill.

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

5. Aquaculture and Fisheries (Scotland) Bill – Financial Resolution: The Deputy Minister for Environment and Rural Development (Rhona Brankin) moved S2M-5264—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Aquaculture and Fisheries (Scotland) Bill, agrees to any expenditure or increase in expenditure of a kind referred to in Rule 9.12.3(b)(ii) or (iii) of the Parliament’s Standing Orders arising in consequence of the Act.

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

6. Civil Appeals (Scotland) Bill: Mr David Davidson, on behalf of the Justice 2 Committee, moved S2M-5246—That the Parliament does not agree to the general principles of the Civil Appeals (Scotland) Bill.

After debate, the motion was agreed to ((DT) by division: For 75, Against 36, Abstentions 0).

7. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-5352—That the Parliament agrees the following programme of business—

Wednesday 10 January 2007

2.30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Executive Debate: Finance

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                      Scottish Conservative and Unionist Party 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                          Stage 1 Debate: Custodial Sentences and Weapons (Scotland) Bill

followed by                      Financial Resolution: Custodial Sentences and Weapons (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5.00 pm                          Decision Time

followed by                      Members’ Business

The motion was agreed to.

8. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-5353—That the Parliament agrees that consideration of the Christmas Day and New Year’s Day Trading (Scotland) Bill at Stage 2 be completed by 19 January 2007.

The motion was agreed to.

9. Approval of SSI: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-5348—That the Parliament agrees that the draft Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2006 be approved.

The motion was agreed to (DT).

10. Office of the Clerk: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-5354—That the Parliament agrees that from 3 January to 2 April 2007 the Office of the Clerk will be open on all days except on Saturdays and Sundays.

The motion was agreed to (DT).

11. Decision Time: The Parliament took decisions on items 2, 3, 4, 5, 6, 9 and 10 as noted above.

12. Rise in Alcohol-Related Crime Figures in the Highlands and Islands: The Parliament debated S2M-5280 in the name of Maureen Macmillan—That the Parliament notes with concern the serious rise in alcohol-related crime figures, released by Northern Constabulary, which show a year-on-year increase in drunkenness, drink-driving, serious assaults and alcohol-related deaths; notes in particular the increase in the number of people being arrested for drunkenness, including the charge of being drunk and incapable; commends the work of CrossReach in Inverness, which provides a purpose-built residential service designed to care for people who have difficulty in managing their alcohol and/or drug abuse and which also provides a “designated place”, thereby offering an alternative to custody for those who have been arrested for public drunkenness offences; welcomes the campaign being launched by Northern Constabulary alongside the Highland Drug and Alcohol Action Team’s festive drinking campaign which it is hoped will prevent drinkers ending up in police cells and hospital wards over Christmas and New Year, and endorses the “Don’t push it” campaign being run by the Scottish Executive asking Scots to take responsibility for themselves and to think first before they encourage others to have “just another drink”.

The meeting closed at 6.11 pm.

P E Grice
Clerk of the Parliament
20 December 2006

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

New Bills introduced or reprinted on 14 December 2006

Legal Profession and Legal Aid (Scotland) Bill—The Bill was reprinted as passed (SP Bill 56B) (Executive Bill).

New Bills introduced or reprinted on 19 December 2006

Adult Support and Protection (Scotland) Bill—The Bill was reprinted as amended at Stage 2. (SP Bill 62A) (Executive Bill)

Subordinate Legislation

Affirmative Instruments

The following instrument was laid in draft before the Parliament on 15 December 2006 for approval by resolution

The Conservation (Natural Habitats &c.) Amendment (Scotland) Regulations 2007

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 20 December 2006 for approval by resolution

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2007

laid under section 10(2) of the Rehabilitation of Offenders Act 1974

Negative Instruments

The following instruments were laid before the Parliament on 15 December 2006 and are subject to annulment—

The Personal Injuries (NHS Charges) (General) (Scotland) Regulations 2006 (SSI 2006/592)— 

The Personal Injuries (NHS Charges) (Reviews and Appeals) (Scotland) Regulations 2006 (SSI 2006/593)—   

laid under section 195(8) of the Health and Social Care (Community Health and Standards) Act 2003

The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2006 (SSI 2006/601) 

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

The Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Amendment Order 2006 (SSI 2006/602)

laid under section 20(3) of the Sea Fish (Conservation) Act 1967

The following instruments were laid before the Parliament on 18 December 2006 and are subject to annulment—

The Teachers’ Superannuation (Scotland) Amendment (No. 2) Regulations 2006 (SSI 2006/605) 

laid under sections 12(6) and 24(5) of the Superannuation Act 1972

The Welfare of Animals (Transport) (Scotland) Regulations 2006 (SSI 2006/606)

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 2006 and are not subject to any Parliamentary procedure—

Fisheries Research Services Report and Accounts 2005-06 (SE/2006/96)

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

Scottish Social Services Council Annual Report 2005-06 (SE/2006/256)

laid under section 10(1) of Schedule 2 to the Regulation of Care (Scotland) Act 2001 section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

The following document were laid before the Parliament on 19 December 2006 and are not subject to any Parliamentary procedure—

            Scottish Legal Aid Board Annual Report 2005-06 (SE/2006/242)

laid under section 5 of the Legal Aid (Scotland) Act 1986 and section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

Water Industry Commissioner for Scotland Accounts for the period to 30 June 2005 (SE/2006/243)—
Water Industry Commissioner for Scotland Accounts for the period to 31 March 2006 (SE/2006/244)—
VisitScotland Annual Report and Accounts for the year ended 31 March 2006 (SE/2006/258)—
Changing Perspectives, Architecture and Design Scotland Annual Report 2005-06 (SE/2006/259)—
Scottish Arts Council Annual Review and General Fund Accounts for the year to 31 March 2006 (SE/2006/260)—

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

The Scottish Arts Council National Lottery Distribution Fund Annual Report and Accounts for the year to 31 March 2006 (SE/2006/251)

laid under section 35 of the National Lottery etc. Act 1993

The Efficient Government Initiative: a progress report, A main report prepared for the Auditor General for Scotland (AGS/2006/15)

laid under the Public Finance and Accountability (Scotland) Act

Scottish Public Services Ombudsman: Compendium of Case Reports for December 2006 (SPSO/2006/11)—

Case 200501821:  A GP Practice, Argyll and Clyde NHS Board
Case 200500918:  Lothian NHS Board
Case 200503209:  Tayside NHS Board
Case 200503586:  Borders NHS Board
Case 200500907:  The City of Edinburgh Council
Case 200501996:  Perth and Kinross Council
Case 200402031:  North Ayrshire Council
Case 200503530:  East Dunbartonshire Council

laid under section 15(1) of the Scottish Public Services Ombudsman Act 2002

The following documents were laid before the Parliament on 20 December 2006 and are not subject to any Parliamentary procedure

The Scottish Arts Council Group Annual Report and Accounts for the year to 31 March 2006 (SE/2006/252)—
Scottish University for Industry Learndirect Scotland Annual Report 2005-06 (SE/2006/261)—

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

Committee Reports

The following report was published on 15 December 2006

Procedures Committee, 10th Report, 2006 (Session 2): Scottish Commission for Public Audit (SP Paper 698)

The following report was published on 16 December 2006

Procedures Committee, 11th Report, 2006 (Session 2): Review of Parliamentary Time (SP Paper 699)

The following reports were published on 20 December 2006

Subordinate Legislation Committee, 49th Report, 2006 (Session 2): Report on Subordinate Legislation (SP Paper 703)

Local Government and Transport Committee, 19th Report, 2006 (Session 2):  Report on Subordinate Legislation (SP Paper 704)

Environment and Rural Development Committee: 15th Report, 2006 (Session 2): Report on Subordinate Legislation (SP Paper 705)

Health Committee, 19th Report, 2006 (Session 2): Report on Subordinate Legislation (SP Paper 710)