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Meeting of the Parliament

Wednesday 18 June 2008

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

The meeting opened at 2.00 pm.

1. Time for Reflection: Elizabeth Duffy, Young Adult Development Officer for the Roman Catholic Diocese of Motherwell led Time for Reflection.

2. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-2194—That the Parliament agrees the following revision to the programme of business for Wednesday 18 June 2008—

after

followed by Financial Resolution: Creative Scotland Bill

delete

followed by Legislative Consent Motion: Energy Bill – UK Legislation

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

and insert

followed by Ministerial Statement: Clostridium Difficile Cases at the Vale of Leven Hospital

followed by Legislative Consent Motion: Energy Bill – UK Legislation

followed by Business Motion

followed by Parliamentary Bureau Motions

5.30 pm Decision Time

followed by Members' Business

The motion was agreed to.

3. Ministerial Statement: The First Minister (Alex Salmond) made a statement and answered questions on the Ministerial Code.

4. Creative Scotland Bill: The Minister for Europe, External Affairs and Culture (Linda Fabiani) moved S3M-2028—That the Parliament agrees to the general principles of the Creative Scotland Bill.

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

5. Creative Scotland Bill: Financial Resolution: The Minister for Europe, External Affairs and Culture (Linda Fabiani) moved S3M-1776—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Creative Scotland Bill, agrees to any increase in expenditure of a kind referred to in paragraph 3(b) (iii) of Rule 9.12 of the Parliament’s Standing Orders arising in consequence of the Act.

The motion was disagreed to ((DT) by division: For 49, Against 68, Abstentions 0).

Accordingly the Creative Scotland Bill fell.

6. Ministerial Statement: The Cabinet Secretary for Health and Wellbeing (Nicola Sturgeon) made a statement and answered questions on Clostridium Difficile Cases at the Vale of Leven Hospital.

7. Energy Bill - UK Legislation: The Minister for Enterprise, Energy and Tourism (Jim Mather) moved S3M-2101—That the Parliament agrees that the relevant provisions of the UK Energy Bill in Part 1, Chapter 3 (Storage of Carbon Dioxide), introduced to the House of Commons on 10 January 2008, should, insofar as they relate to matters within the legislative competence of the Scottish Parliament or alter the executive competence of the Scottish Ministers, be considered by the UK Parliament.

The motion was agreed to (DT).

8. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-2193—That the Parliament agrees that—

(a) “09:00” be substituted for “09:15” in Rule 2.2.3 to allow the meeting of the Parliament on Thursday 26 June to begin at 9.00 am; and

(b) Rule 5.6.1(c) be suspended for the purposes of Members' Business on Thursday 26 June.

The motion was agreed to.

9. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-2192—That the Parliament agrees the following programme of business—

Wednesday 25 June 2008

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Ministerial Statement: Housing

followed by Scottish Government Debate: Alcohol Misuse

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 26 June 2008

9.00 am Parliamentary Bureau Motions

followed by Scottish Parliamentary Pension Scheme Committee Debate: 1st Report 2008, Scottish Parliamentary Pension Scheme

followed by Rural Affairs and Environment Committee Debate: 2nd Report 2008, Flooding and Flood Management

11.40 am General Question Time

12 noon First Minister's Question Time

followed by Members' Business

2.15 pm Themed Question Time

Health and Wellbeing

followed by Parliamentary Bureau Motions

2.55 pm Decision Time

Wednesday 3 September 2008

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Scottish Government Debate

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 4 September 2008

9.15 am Parliamentary Bureau Motions

followed by Scottish Government Business

11.40 am General Question Time

12 noon First Minister's Question Time

2.15 pm Themed Question Time

Rural Affairs and the Environment;
Justice and Law Officers

2.55 pm Scottish Government Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

The motion was agreed to.

10. Approval of SSIs: Bruce Crawford, on behalf of the Parliamentary Bureau, moved—

S3M-2195—That the Parliament agrees that the draft Protection of Children (Scotland) Act 2003 (Amendment of the Definition of Child Care Position) Order 2008 be approved.

S3M-2196—That the Parliament agrees that the draft Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2008 be approved.

S3M-2197—That the Parliament agrees that the draft Further and Higher Education (Scotland) Act 1992 Modification Order 2008 be approved.

S3M-2198—That the Parliament agrees that the draft Human Tissue (Scotland) Act 2006 (Consequential Amendment) Order 2008 be approved.

The motions were agreed to (DT).

11. Decision Time: The Parliament took decisions on items 4, 5, 7 and 10 as noted above.

12. A Tenancy Deposit Protection Scheme for Scotland: The Parliament debated S3M-1865 in the name of Claire Baker —That the Parliament is concerned that the withholding of deposits unreasonably continues to be a problem for tenants in the private rented sector; notes that the private rented sector provides over 230,000 homes to households in Scotland, some 8% of all households, including families, students, migrant workers and young professionals; further notes that many tenants, on leaving a tenancy, rely on the return of their deposit to pay the upfront deposit and rent for their new property and that withholding a deposit unfairly can lead to hardship, debt and ultimately homelessness; highlights recent research by St Andrews University Students’ Association that found that 24% of students there have had unjustified deductions made from their deposits and 28% have faced unreasonable delays of more than 28 days in returning their deposits; acknowledges the successful introduction of the tenancy deposit protection scheme in operation in England and Wales which ensures protection for both landlords and tenants, and believes that powers already on statute in the Housing (Scotland) Act 2006 could be used to further a deposit protection scheme for Scotland, building on landlord registration and accreditation initiatives already in place.

The meeting closed at 6.29 pm.

P E Grice
Clerk of the Parliament
18 June 2008

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

New Bills introduced or reprinted on 12 June 2008

Public Health etc. (Scotland) Bill—The Bill was reprinted as passed (SP Bill 3B) (Executive Bill)

New Bills introduced or reprinted on 17 June 2008

Sexual Offences (Scotland) Bill—A Bill for an Act of the Scottish Parliament to make new provision about sexual offences, and for connected purposes. (SP Bill 11) (Executive Bill)

Introduced by: Kenny MacAskill

Explanatory Notes (and other accompanying documents) (SP Bill 11-EN) and a Policy Memorandum (SP Bill 11-PM) were printed to accompany the Bill.

Subordinate Legislation

Affirmative Instruments

The following instruments were laid in draft before the Parliament on 18 June 2008 for approval by resolution—

The Legal Profession and Legal Aid (Scotland) Act 2007 (Transitional, Savings and Consequential Provisions) Order 2008

laid under section 79(3) of the Legal Profession and Legal Aid (Scotland) Act 2007

The Mental Health (Absconding patients from other jurisdictions) (Scotland) Regulations 2008

laid under section 326(4) of the Mental Health (Care and Treatment) (Scotland) Act 2003

Negative Instruments

The following instruments were laid before the Parliament on 13 June 2008 and are subject to annulment—

The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2008 (SSI 2008/246)

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

The Mobility and Access Committee for Scotland Revocation Regulations 2008 Revocation Regulations 2008 (SSI 2008/247)

laid under section 81(3) of the Transport (Scotland) Act 2001

The Public Transport Users’ Committee for Scotland Amendment Order 2008 Revocation Order 2008 (SSI 2008/248)

laid under section 52(2) of the Transport (Scotland) Act 2005

Other Documents

The following document was laid before the Parliament on 16 June 2008 and is not subject to any parliamentary procedure

Communities Scotland Regulations & Inspection Annual Report 2007/08 (SG/2008/81)

The following document was laid before the Parliament on 18 June 2008 and is not subject to any parliamentary procedure

Scottish Public Services Ombudsman: Compendium of Case Reports for June 2008 (SPSO/2008/06)—

Case 200701982: Lanarkshire NHS Board—

Case 200600461: Highland NHS Board—

Cases 200603988 & 200701202: Highland NHS Board and a Medical Practice, Highland NHS Board—

Case 200700092: Western Isles NHS Board—

Case 200702119: Highland NHS Board—

Case 200701273: Forth Valley NHS Board—

Case 200700599: Borders NHS Board—

Case 200600025: South Lanarkshire Council—

Case 200701326: South Lanarkshire Council—

Case 200602924: The Highland Council—

Case 200601777: Fife Council—

Case 200601455: The Scottish Commission for the Regulation of Care—

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

Committee Reports

The following reports were published on 13 June 2008—

Rural Affairs and Environment Committee, 4th Report, 2008 (Session 3): Annual Report 2007-08 (SP Paper 128)

Transport, Infrastructure and Climate Change Committee, 3rd Report, 2008 (Session 3): Subordinate Legislation (SP Paper 132)

The following report was published on 17 June 2008

Equal Opportunities Committee, 2nd Report 2008 (Session 3): Removing Barriers and Creating Opportunities: Review of Progress (SP Paper 130)