Back to the Scottish Parliament Minutes of Proceedings Vol. 4, No. 61 Session 2
Archive Home

Business Bulletin 1999-2011

Minutes of Proceedings 1999-2011

Journal of Parliamentary Proceedings Sessions 1 & 2

Committees Sessions 1, 2 & 3

Annual reports

Meeting of the Parliament

Thursday 7 March 2007

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

The meeting opened at 10.00 am.

1. Time for Reflection: Rabbi David Rosen, President, International Jewish Committee for Interreligious Consultations, led Time for Reflection.

2. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-5711—That the Parliament agrees that, during Stage 3 of the Christmas Day and New Year’s Day Trading (Scotland) Bill, debate on groups of amendments shall, subject to Rule 9.8.4A, be brought to a conclusion by the time limit indicated, that time limit being calculated from when the Stage begins and excluding any periods when other business is under consideration or when the meeting of the Parliament is suspended (other than a suspension following the first division in the Stage being called) or otherwise not in progress:

Group 1: 45 minutes.

The motion was agreed to.

3. Christmas Day and New Year’s Day Trading (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to (by division)—

1 (For 86, Against 23, Abstentions 0)

2 (For 83, Against 27, Abstentions 0)

3 (For 84, Against 26, Abstentions 0)

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

4. Christmas Day and New Year’s Day Trading (Scotland) Bill - Stage 3: Karen Whitefield moved S2M-5436—That the Parliament agrees that the Christmas Day and New Year’s Day Trading (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 100, Against 17, Abstentions 2).

5. Economy and Small Business: Jim Mather moved S2M-5690—That the Parliament recognises the need to make the Scottish economy and hence Scottish businesses increasingly competitive and therefore welcomes the SNP’s Small Business Bonus Scheme, which will remove 120,000 small businesses from eligibility to pay business rates and reduce the rates burden on a further 30,000 small businesses by either 25% or 50%, thereby increasing small business viability and bringing increased vibrancy and job opportunity to cities, towns, villages and rural Scotland.

The Deputy Minister for Enterprise and Lifelong Learning (Allan Wilson) moved amendment S2M-5690.3 to motion S2M-5690—

Leave out from “to make” to end and insert—

“to continue to grow the Scottish economy and to support the competitiveness of Scottish businesses; welcomes the steps that the Scottish Executive has taken to achieve that by listening to business and reducing the level of business rates; supports measures to encourage innovation, including supporting links to Scotland’s science and research base and easing access by business to public sector contracts; welcomes support from Scottish Enterprise and the Business Gateway through investing in a highly skilled workforce in Scotland, such as through the modern apprenticeships scheme, and increasing investment in the infrastructure necessary to build a modern competitive economy.”

Murdo Fraser moved amendment S2M-5690.1 to motion S2M-5690—

Leave out from “welcomes” to end and insert—

“condemns the proposals put forward by the SNP and the Liberal Democrats for a local income tax which would represent a significant new financial burden for the many small businesses that are unincorporated; further condemns the policies of the Lib-Lab pact which have done so much to harm business, especially the decision taken by Jack McConnell MSP to abolish the uniform business rate in 2000 which has cost Scottish businesses an extra £900 million, and welcomes the fully costed proposals put forward in the Scottish Conservatives’ business manifesto, including the abolition of business rates for all firms with a rateable value under £7,000, a tiered rates cut for all firms with a rateable value of between £7,000 and £15,000, a £20 million annual town centre regeneration fund, a dedicated public procurement unit to cut through the bureaucratised process of approval when businesses are tendering for public contracts, five-year sunset clauses on all primary legislation, a presumption against gold-plating of EU regulation, a new dedicated skills agency to work with business, schools and colleges to tackle the skills shortage, extra investment in the road network to prioritise improvements on key links such as the A9, A75, A96 and A82, and the building of a new Forth crossing, a package which will deliver real benefits to Scotland’s small business and lead to higher economic growth.”

After debate, amendment S2M-5690.3 was agreed to (DT) by division: For 66, Against 29, Abstentions 24). As a result, amendment S2M-5690.1 was pre-empted.

The motion, as amended, was then agreed to ((DT) by division: For 65, Against 30, Abstentions 24).

Accordingly, the Parliament resolved— That the Parliament recognises the need to continue to grow the Scottish economy and to support the competitiveness of Scottish businesses; welcomes the steps that the Scottish Executive has taken to achieve that by listening to business and reducing the level of business rates; supports measures to encourage innovation, including supporting links to Scotland’s science and research base and easing access by business to public sector contracts; welcomes support from Scottish Enterprise and the Business Gateway through investing in a highly skilled workforce in Scotland, such as through the modern apprenticeships scheme, and increasing investment in the infrastructure necessary to build a modern competitive economy.

6. Tackling Alcohol Misuse: Kenny MacAskill moved S2M-5692—That the Parliament notes with concern the recent alcohol statistics published by the Office for National Statistics which show that men and women in Scotland are twice as likely to die an alcohol-related death as people in the United Kingdom as a whole; recognises the huge cost of alcohol abuse to the health service and the economy and its impact on families; further recognises the clear links between alcohol abuse and crime and antisocial behaviour; further notes that youth disorder and violence in many communities throughout Scotland are often fuelled by cheap and easily available alcohol; welcomes measures such as test purchasing and calls for the strict enforcement of existing licensing legislation to prevent the sale or supply of alcohol to those under age, and calls for the powers contained within the Licensing (Scotland) Act 2005 to be extended to off-sales premises, thus stopping irresponsible drink promotions in off-sales premises and the practice of deep discounting of alcohol by supermarkets.

The Deputy Minister for Finance, Public Service Reform and Parliamentary Business (George Lyon) moved amendment S2M-5692.2 to motion S2M-5692—

Leave out from “with concern” to end and insert—

“the damage excessive drinking can cause to physical and mental health, our communities, our economy, and our way of life; notes the success of the Fife test purchasing pilot and welcomes its proposed rollout to all police forces; welcomes that the vast majority of licensed retailers in the Fife pilot refused to sell alcohol to those under age; believes that the provisions of the Licensing (Scotland) Act 2005 provide a solid foundation for future action to combat problem drinking; notes that this Act already sets out a range of irresponsible drinks promotions in both on-sales and off-sales that will not be permitted when the Act replaces the current licensing regime; welcomes the publication of the updated Plan for Action on Alcohol Problems and the industry partnership agreement, the actions from which represent a significant programme to reduce alcohol misuse; supports the Executive’s commitment to extend the Keep Well initiative as a way of ensuringthat those most at risk from the effects of excessive drinking in our deprived communities are offered advice and support; recognises that the problems associated with excessive drinking require action from industry, government and individuals, and notes that changing culture and behaviours will require a long-term collaborative approach where everyone takes responsibility for our society’s excessive consumption.”

Mrs Nanette Milne moved amendment S2M-5692.1 to motion S2M-5692—

Leave out from “and calls” to end and insert—

“recognises that an increase in the number of police walking the streets would help to enforce the law, and welcomes the recent partnership between the Scottish Executive, the Scotch Whisky Association and eight other trade associations representing alcohol producers and retailers to tackle alcohol abuse.”

After debate, amendment S2M-5692.2 was agreed to ((DT) by division: For 66, Against 50, Abstentions 4). As a result, amendment S2M-5692.1 was pre-empted.

The motion, as amended, was then agreed to ((DT) by division: For 89, Against 25, Abstentions 6).

Accordingly, the Parliament resolved—That the Parliament notes the damage excessive drinking can cause to physical and mental health, our communities, our economy, and our way of life; notes the success of the Fife test purchasing pilot and welcomes its proposed rollout to all police forces; welcomes that the vast majority of licensed retailers in the Fife pilot refused to sell alcohol to those under age; believes that the provisions of the Licensing (Scotland) Act 2005 provide a solid foundation for future action to combat problem drinking; notes that this Act already sets out a range of irresponsible drinks promotions in both on-sales and off-sales that will not be permitted when the Act replaces the current licensing regime; welcomes the publication of the updated Plan for Action on Alcohol Problems and the industry partnership agreement, the actions from which represent a significant programme to reduce alcohol misuse; supports the Executive’s commitment to extend the Keep Well initiative as a way of ensuringthat those most at risk from the effects of excessive drinking in our deprived communities are offered advice and support; recognises that the problems associated with excessive drinking require action from industry, government and individuals, and notes that changing culture and behaviours will require a long-term collaborative approach where everyone takes responsibility for our society’s excessive consumption.

7. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-5710—That the Parliament agrees the following programme of business—

Wednesday 14 March 2007

10.00 am Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Schools (Health Promotion and Nutrition) (Scotland) Bill

2.30 pm Parliamentary Bureau Motions

followed by Final Stage: Edinburgh Airport Rail Link Bill

followed by Standards and Public Appointments Committee Debate: 2nd Report 2007, Code of Conduct

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 15 March 2007

9.15 am Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Custodial Sentences and Weapons (Scotland) Bill

11.40 am General Question Time

12 noon First Minister’s Question Time

2.15 pm Themed Question Time—

Health and Community Care;

Environment and Rural Development

2.55 pm Conclusion of Stage 3 Proceedings: Custodial Sentences and Weapons (Scotland) Bill

followed by Procedures Committee Debate: 10th Report 2006, Scottish Commission for Public Audit

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 21 March 2007

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 22 March 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—

Enterprise, Transport and Lifelong Learning

Justice and Law Officers

2.55 pm Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

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

S2M-5701—That the Parliament agrees that the draft Police, Public Order and Criminal Justice (Scotland) Act 2006 (Modification of Agency’s Powers and Incidental Provision) Order 2007 be approved;

S2M-5702—That the Parliament agrees that the draft Sexual Offences Act 2003 (Notification Requirements) (Scotland) Regulations 2007 be approved;

S2M-5703—That the Parliament agrees that the Licensing (Scotland) Act 2005: Draft Guidance for Licensing Boards and Local Authorities (SE/2007/9) be approved;

S2M-5704—That the Parliament agrees that the draft Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2007 be approved;

S2M-5705—That the Parliament agrees that the draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2007 be approved;

S2M-5706—That the Parliament agrees that the draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2007 be approved;

S2M-5707—That the Parliament agrees that the draft Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2007 be approved;

S2M-5708—That the Parliament agrees that the draft Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 be approved; and

S2M-5709—That the Parliament agrees that the draft Housing Support Grant (Scotland) Order 2007 be approved.

The motions were agreed to (DT).

9. Decision Time: The Parliament took decisions on items 4, 5, 6 and 8 as noted above.

10. Celebrating Success: The Parliament debated S2M-5596 in the name of Mr Alasdair Morrison—That the Parliament welcomes the substantive progress being made in tackling sectarianism in Scotland; commends the initiatives undertaken by Scotland’s largest football clubs, Rangers FC and Celtic FC, to counter sectarian attitudes; congratulates the football clubs on their initiatives, Pride over Prejudice and Bhoys Against Bigotry; notes the success of their highly commendable joint educational programme, the Old Firm Alliance, within Glasgow schools; recognises that the significant progress achieved in tackling sectarianism represents a continuing determination by both clubs to help eradicate the problem, and also commends the informal arrangements between old firm supporters in the Western Isles as an example for the rest of the country.

The meeting closed at 5.45 pm.

P E Grice
Clerk of the Parliament
7 March 2007

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

Subordinate Legislation

Affirmative Instruments

Note: The draft Local Governance (Scotland) Act (Allowances and Expenses) Regulations 2007, laid before the Parliament on 9 February 2007, have been withdrawn

Negative Instruments

The following instruments were laid before the Parliament on 2 March 2007 and are subject to annulment—

The Queen Margaret University, Edinburgh (Scotland) Order of Council 2007 (SSI 2007/116)

laid under section 60(1) of the Further and Higher Education (Scotland) Act 1992

The Town and Country Planning (General Permitted Development) (Avian Influenza) (Scotland) Amendment Order 2007 (SSI 2007/135)

laid under section 275(3) of the Town and Country Planning (Scotland) Act 1997

The Charities Accounts (Scotland) Amendment Regulations 2007 (SSI 2007/136)

laid under section 103 of the Charities and Trustee Investment (Scotland) Act 2005

The Plant Health (Export Certification) (Scotland) Amendment Order 2007 (SSI 2007/137)

laid under section 6 of the Plant Health Act 1967

The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2007 (SSI 2007/138)—

The Meat (Official Controls Charges) (Scotland) Regulations 2007 (SSI 2007/144)—

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

The Colours in Food Amendment (Scotland) Regulations 2007 (SSI 2007/143)

laid under section 48(3) of the Food Safety Act 1990

The following instruments were laid before the Parliament on 5 March 2007 and are subject to annulment—

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2007 (SSI 2007/142)—

The Welfare of Animals (Slaughter or Killing) Amendment (Scotland) Regulations 2007 (SSI 2007/150)—

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

The Tuberculosis (Scotland) Order 2007 (SSI 2007/147)

laid under section 32(3) of the Animal Health Act 1981

The Education Authority Bursaries (Scotland) Regulations 2007 (SSI 2007/149)

laid under section 133 of the Education (Scotland) Act 1980

The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2007 (SSI 2007/162)

laid under section 21(7) of the Chronically Sick and Disabled Persons Act 1970

The following instruments were laid before the Parliament on 6 March 2007 and are subject to annulment—

The Education (Graduate Endowment, Student Fees and Support) (Scotland) Revocation Regulations 2007 (SSI 2007/148)

laid under section 1(7) of the Education (Graduate Endowment and Student Support) Scotland Act 2001, section 133 of the Education (Scotland) Act 1980 and sections 1(5) and 2(4) of the Education (Fees and Awards) Act 1983

The Students’ Allowances (Scotland) Regulations 2007 (SSI 2007/153)—

The Education (Student Loans) (Scotland) Regulations 2007 (SSI 2007/154)—

The Education Maintenance Allowances (Scotland) Regulations 2007 (SSI 2007/156)—

The Education (Student Loans for Tuition Fees) (Scotland) Amendment Regulations 2007 (SSI 2007/158)—

The Repayment of Student Loans (Scotland) Amendment Regulations 2007 (SSI 2007/159)—

laid under section 133 of the Education (Scotland) Act 1980

The Education (Fees and Awards) (Scotland) Regulations 2007 (SSI 2007/152)

laid under sections 1 and 2 of the Education (Fees and Awards) Act 1983

The Graduate Endowment (Scotland) Regulations 2007 (SSI 2007/155)

laid under section 1 of the Education (Graduate Endowment and Student Support) Scotland Act 2001 and section 133 of the Education (Scotland) Act 1980

The Civil Partnership Act 2004 (Modification of Subordinate Legislation) (Scotland) Revocation Order 2007 (SSI 2007/157)

laid under section 259(9) of the Civil Partnership Act 2004

The Land Reform (Scotland) Act 2003 (Path Orders) Regulations 2007 (SSI 2007/163)

laid under section 98(4) of the Land Reform (Scotland) Act 2003

The Individual Learning Account (Scotland) Amendment Regulations 2007 (SSI 2007/164)

laid under section 3 of the Education and Training (Scotland) Act 2000

The Registered Social Landlords Accounting Requirements (Scotland) Order 2007 (SSI 2007/165)

laid under section 109(4) of the Housing (Scotland) Act 2001

The Building (Scotland) Amendment Regulations 2007 (SSI 2007/166)—

The Building (Fees) (Scotland) Amendment Regulations 2007 (SSI 2007/169)—

laid under section 54(2) of the Building (Scotland) Act 2003

The Building (Procedure) (Scotland) Amendment Regulations 2007 (SSI 2007/167)—

The Building (Forms) (Scotland) Amendment Regulations 2007 (SSI 2007/168)—

laid under section 54(5) of the Building (Scotland) Act 2003

The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 (SSI 2007/170)

laid under section 61(3) of the Local Electoral Administration and Registration Services (Scotland) Act 2006

The following instruments were laid before the Parliament on 7 March 2007 and are subject to annulment—

The Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 (SSI 2007/151)

laid under section 133 of the Education (Scotland) Act 1980

The Bell College of Technology (Transfer and Closure) (Scotland) Order 2007 (SSI 2007/171)

laid under section 60 of the Further and Higher Education (Scotland) Act 1992

The Waste Management Licensing Amendment (Waste Electrical and Electronic Equipment) (Scotland) Regulations 2007 (SSI 2007/172)—

The Air Quality Standards (Scotland) Regulations 2007 (SSI 2007/182)—

The Curd Cheese (Restriction on Placing on the Market) (Scotland) Revocation Regulations 2007 (SSI 2007/188)—

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

The Private Rented Housing Panel (Applications and Determinations) (Scotland) Regulations 2007 (SSI 2007/173)

laid under section 191(3) of the Housing (Scotland) Act 2006

The Cattle Identification (Scotland) Regulations 2007 (SSI 2007/174)

laid under paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and section 56(1) of the Finance Act 1973

The Town and Country Planning (Marine Fish Farming) (Scotland) Regulations 2007 (SSI 2007/175)

laid under section 275(3) of the Town and Country Planning (Scotland) Act 1997

The Planning etc. (Scotland) Act 2006 (Consequential Provisions) Order 2007 (SSI 2007/176)

laid under section 58(4) of the Planning etc. (Scotland) Act 2006

The Town and Country Planning (General Development Procedure) (Scotland) Amendment Order 2007 (SSI 2007/177)

laid under section 275(5) of the Town and Country Planning (Scotland) Act 1997

The Surface Waters (Fishlife) (Classification) (Scotland) Amendment Regulations 2007 (SSI 2007/178)

laid under section 104(1) of the Control of Pollution Act 1974 and paragraph 2(2) of Schedule 2 to the European Communities Act 1972

The Radioactive Contaminated Land (Scotland) Regulations 2007 (SSI 2007/179)

laid under sections 78A(9), 78YC and 161(2) of the Environmental Protection Act 1990

The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2007 (SSI 2007/180)—

The Civil Legal Aid (Scotland) (Fees) Amendment (No. 2) Regulations 2007 (SSI 2007/181)—

laid under section 37(1) of the Legal Aid (Scotland) Act 1986

The Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007 (SSI 2007/183)

laid under section 16 of the Local Governance (Scotland) Act 2004 and 190(2) of the Local Government and Housing Act 1989

The Seeds (Fees) (Scotland) Amendment Regulations 2007 (SSI 2007/184)

laid under section 16(6) of the Plant Varieties and Seeds Act 1964

The Inshore Fishing (Prohibited Methods of Fishing) (Loch Creran) Order 2007 (SSI 2007/185)—

The Inshore Fishing (Prohibited Methods of Fishing) (Firth of Lorn) Order 2007 (SSI 2007/186)

laid under section 9(2) of the Inshore Fishing (Scotland) Act 1984

The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2007 (SSI 2007/190)

laid under section 42 of the Prisons (Scotland) Act 1989

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2007(SSI 2007/191)—

The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations2007 (SSI 2007/192)—

The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007(SSI 2007/193)

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

The Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Amendment Regulations 2007 (SSI 2007/195)

laid under section 67(4D) of the Disability Discrimination Act 1995

Other Documents

The following documents were laid before the Parliament on 7 March 2007 and are not subject to any Parliamentary procedure—

Scottish Information Commissioner Freedom of Information Annual Report 2006 (SE/2007/19)

laid under section 46 of the Freedom of Information (Scotland) Act 2002

Environmental Assessment (Scotland) Act 2005 1st Annual Report: Strategic Environmental Assessment (SEA) activity within Scotland from 1 January 2006 to 31 December 2006 (SE/2007/25)

laid under section 20 of the Environmental Assessment (Scotland) Act 2005

Committee Reports

The following reports were published on 2 March 2007—

Audit Committee, 1st Report, 2007 (Session 2): Relocation of Scottish Executive departments, agencies and NDPBs. (SP Paper 758)

Communities Committee, 4th Report, 2007 (Session 2): Report on Subordinate Legislation (SP Paper760)

The following reports were published on 5 March 2007—

Airdrie-Bathgate Railway and Linked Improvements Bill Committee, 1st Report, 2007: Report on the Airdrie-Bathgate Railway and Linked Improvements Bill and European Protected Species (SP Paper 761)

Airdrie-Bathgate Railway and Linked Improvements Bill Committee, 2nd Report, 2007: Consideration Stage Report on the Airdrie-Bathgate Railway and Linked Improvements Bill (SP Paper 762)

The following reports were published on 6 March 2007—

Standards and Public Appointments Committee, 2nd Report, 2007 (Session 2): Code of Conduct (SP Paper 763)

Environment and Rural Development Committee, 2nd Report, 2007 (Session 2): Stage 1 Report on the Cairngorms National Park Boundary Bill (SP Paper 764)

The following reports were published on 7 March 2007—

Subordinate Legislation Committee, 17th Report, 2007 (Session 2): Report on Subordinate Legislation (SP Paper 765)

Environment and Rural Development Committee, 3rd Report, 2007 (Session 2): Report on Subordinate Legislation (SP Paper 766)