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Meeting of the Parliament

Thursday 20 September 2007

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

The meeting opened at 9.15 am.

1. Managing the Risk of Flooding in Scotland: The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead) moved S3M-499—That the Parliament notes that a Flooding Bill will be introduced during this parliamentary session; acknowledges the need for Scotland to take a more sustainable approach to flood risk management in order to tackle the increased risk of flooding associated with issues such as climate change; recognises the importance of the publication of the final report of the Flooding Issues Advisory Committee, which ran for two years, and considers that similar positive engagement with stakeholders, including those who have suffered the effects of flooding, should continue throughout the development of the draft Flooding Bill.

Mike Rumbles moved amendment S3M-499.1 to motion S3M-499—

Insert at end—

"further believes that there are policy and funding issues that can be addressed in advance of primary legislation, and regrets that no commitments have been made to increase financial resources to address this important issue."

After debate, the amendment was disagreed to ((DT) by division: For 57, Against 62, Abstentions 0).

The motion was then agreed to (DT).

2. General Question Time: Questions were answered by Cabinet Secretaries and Scottish Ministers.

3. First Minister’s Question Time: Questions were answered by the First Minister (Alex Salmond).

4. Themed Question Time: Questions on Health and Wellbeing, and on Rural Affairs and the Environment were answered by Cabinet Secretaries and Scottish Ministers.

5. Penal Policy: The Cabinet Secretary for Justice (Kenny MacAskill) moved S3M-498—

That the Parliament believes that Scotland should develop a progressive penal policy which improves public safety, delivers appropriate and proportionate punishment, ensures that the interests of victims and communities are given proper consideration, contributes to reducing reoffending and encourages rehabilitation in order to build a safer and stronger Scotland; recognises that, in the case of some offenders, custody is the only appropriate disposal, and welcomes the proposal to establish an independent commission to consider the purpose and use of prison.

Pauline McNeill moved amendment S3M-498.1 to motion S3M-498—

Leave out from "and welcomes" to end and insert—

"notes the proposal to establish an independent commission to consider the purpose and the use of prison; opposes any proposal to remove the availability to sheriffs and judges of short-term sentences, including sentences of six months or less, but supports the continuation of community sentences and other alternatives to custody."

After debate, the amendment was disagreed to ((DT) by division: For 44, Against 75, Abstentions 0).

Mike Pringle moved amendment S3M-498.2 to motion S3M-498—

Insert at end—

"believes that any commission should consider as a matter of urgency replacing the Scottish Prison Service with a dedicated Custody and Rehabilitation Service, introducing dual sentencing, rolling out community link centres on a statutory basis to co-ordinate rehabilitation and exploring new strategies to give offenders skills for work, backed by challenging targets for the number of new prisoners leaving custody with nationally accredited qualifications."

After debate, the amendment was disagreed to ((DT) by division: For 13, Against 62, Abstentions 44).

The motion was then agreed to (DT).

6. Approval of SI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-500—That the Parliament agrees that the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 be approved.

The motion was agreed to (DT).

7. Membership and Substitution on Committees: Bruce Crawford, on behalf of the Parliamentary Bureau, moved—

S3M-502—That the Parliament agrees that Hugh Henry be appointed to replace Charlie Gordon on the Audit Committee;

S3M-503—That the Parliament agrees that Trish Godman be appointed to replace Dr Richard Simpson on the Audit Committee;

S3M-504—That the Parliament agrees that Claire Baker be appointed to replace Mary Mulligan on the Audit Committee;

S3M-505—That the Parliament agrees that Lewis Macdonald be appointed to replace Iain Gray on the Economy, Energy and Tourism Committee;

S3M-506—That the Parliament agrees that Mary Mulligan be appointed to replace Pauline McNeill on the Education, Lifelong Learning and Culture Committee;

S3M-507—That the Parliament agrees that Michael McMahon be appointed as a member of the Equal Opportunities Committee;

S3M-508—That the Parliament agrees that Malcolm Chisholm be appointed to replace Jackie Baillie on the European and External Relations Committee;

S3M-509—That the Parliament agrees that Dr Richard Simpson be appointed to replace Lewis Macdonald on the Health and Sport Committee;

S3M-510—That the Parliament agrees that Helen Eadie be appointed to replace Karen Gillon on the Health and Sport Committee;

S3M-511—That the Parliament agrees that Rhoda Grant be appointed to replace Malcolm Chisholm on the Health and Sport Committee;

S3M-512—That the Parliament agrees that Patricia Ferguson be appointed to replace Michael McMahon on the Local Government and Communities Committee;

S3M-513—That the Parliament agrees that Des McNulty be appointed to replace Sarah Boyack on the Rural Affairs and Environment Committee;

S3M-514—That the Parliament agrees that Karen Gillon be appointed to replace Richard Baker on the Rural Affairs and Environment Committee;

S3M-515—That the Parliament agrees that Charlie Gordon be appointed to replace Des McNulty on the Transport, Infrastructure and Climate Change Committee;

S3M-525—That the Parliament agrees that Richard Baker be appointed to replace Dr Richard Simpson on the Subordinate Legislation Committee;

S3M-516—That the Parliament agrees that George Foulkes be appointed to replace Irene Oldfather as the Scottish Labour Party substitute on the Economy, Energy and Tourism Committee;

S3M-517—That the Parliament agrees that Richard Baker be appointed to replace George Foulkes as the Scottish Labour Party substitute on the Education, Lifelong Learning and Culture Committee

S3M-518—That the Parliament agrees that Jackie Baillie be appointed to replace Karen Gillon as the Scottish Labour Party substitute on the European and External Relations Committee

S3M-519—That the Parliament agrees that Irene Oldfather be appointed to replace Helen Eadie as the Scottish Labour Party substitute on the Health and Sport Committee

S3M-520—That the Parliament agrees that Marlyn Glen be appointed to replace Mary Mulligan as the Scottish Labour Party substitute on the Justice Committee;

S3M-521—That the Parliament agrees that Trish Godman be appointed to replace David Whitton as the Scottish Labour Party substitute on the Standards and Public Appointments Committee;

S3M-522—That the Parliament agrees that Elaine Smith be appointed to replace Richard Baker as the Scottish Labour Party substitute on the Subordinate Legislation Committee; and

S3M-523—That the Parliament agrees that John Park be appointed to replace Malcolm Chisholm as the Scottish Labour Party substitute on the Transport, Infrastructure and Climate Change Committee.

The motions were agreed to (DT).

8. Decision Time: The Parliament took decisions on items 1, 5, 6, and 7 as noted above.

9. ICL Factory Explosion - Call For Public Inquiry: The Parliament debated S3M-374 in the name of Patricia Ferguson—

That the Parliament notes that, three years and three months after the factory explosion that claimed the lives of nine workers, badly injured many more and devastated the community of Maryhill, the companies involved, ICL Plastics and ICL Tech Limited, have pled guilty to breaches of health and safety legislation; recognises the dignified and responsible way in which the families of those involved in this tragedy have conducted themselves throughout this difficult time; notes the support and assistance given by the STUC and the families’ lawyers throughout, and further notes the call by the families and their supporters for a wide-reaching public inquiry into the circumstances of this case and looks to the Lord Advocate to facilitate such an inquiry.

The meeting closed at 5.49 pm.

P E Grice
Clerk of the Parliament
20 September 2007

Appendix

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

New Documents

Subordinate Legislation

Negative Instruments

The following instrument was laid before the Parliament on 20 September 2007 and is subject to annulment

The Plastic Materials and Articles in Contact with Food (Lid Gaskets) (Scotland) Regulations 2007 (SSI 2007/433)

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

Other Documents

The following documents were laid before the Parliament on 20 September 2007 and are not subject to any parliamentary procedure—

Scottish Information Commissioner Annual Accounts year ended 31 March 2007 (SE/2007/173)

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

Social Research – Use of Antisocial Behaviour Orders in Scotland (SE/2007/174)

laid under Part 2 of the Antisocial Behaviour etc. (Scotland) Act 2004

Committee Reports

The following reports were published on 20 September 2007—

Local Government and Communities Committee, 1st Report, 2007 (Session 3): Report on Subordinate Legislation (SP Paper 11)

Subordinate Legislation Committee, 4th Report, 2007 (Session 3): Report on Subordinate Legislation (SP Paper 12)