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Meeting of the Parliament

Wednesday 3 September 2008

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

The meeting opened at 9.30 am.

1. Time for Reflection: Father Kevin Dow, St Mary’s, West Calder led Time for Reflection.

2. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-2441—That the Parliament agrees that "09:00" be substituted for "09:15" in Rule 2.2.3 to allow the meeting of the Parliament on Thursday 4 September to begin at 9.00 am.

The motion was agreed to.

3. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-2476—That the Parliament agrees the following programme of business—

Wednesday 3 September 2008

9.30 am Time for Reflection

followed by Parliamentary Bureau Motions

followed by First Minister’s Statement: Scottish Government’s Programme

followed by Scottish Government Debate: Scottish Government’s Programme

2.30 pm Parliamentary Bureau Motions

followed by Scottish Government Debate: Scottish Government’s Programme

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 4 September 2008

9.00 am Parliamentary Bureau Motions

followed by Standards, Procedures and Public Appointments Committee Motion on Breach of the Interests of Members of the Scottish Parliament Act 2006

followed by Scottish Government Debate: Getting it Right for Every Child

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 Debate: Obesity Action Plan

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 10 September 2008

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Transport, Infrastructure and Climate Change Committee Debate: 4th Report 2008 Ferry Services in Scotland

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 11 September 2008

9.15 am Parliamentary Bureau Motions

followed by Scottish Labour Party Business

11.40 am General Question Time

12 noon First Minister's Question Time

2.15 pm Themed Question Time

Finance and Sustainable Growth

2.55 pm Scottish Government Debate: Report of the Scottish Prisons Commission

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Wednesday 17 September 2008

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Scottish Government Business

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 18 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

Education and Lifelong Learning;
Europe, External Affairs and Culture

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.

4. First Minister’s Statement: The First Minister (Alex Salmond) made a statement and answered questions on the Scottish Government’s Programme.

5. Scottish Government’s Programme: The Parliament debated the Scottish Government’s Programme.

6. Committee Membership: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-2477—That the Parliament agrees that—

Nicol Stephen be appointed to replace Jim Hume as a member of the Audit Committee;

Iain Smith be appointed to replace Tavish Scott as a member of the Economy, Energy and Tourism Committee;

Margaret Smith be appointed to replace Jeremy Purvis as a member of the Education, Lifelong Learning and Culture Committee;

Jim Hume be appointed to replace Iain Smith as a member of the European and External Relations Committee;

Jeremy Purvis be appointed to replace Liam McArthur as a member of the Finance Committee;

Robert Brown be appointed to replace Margaret Smith as a member of the Justice Committee;

Liam McArthur be appointed to replace Mike Rumbles as a member of the Rural Affairs and Environment Committee;

Robert Brown be appointed to replace Hugh O’Donnell as a member of the Standards, Procedures and Public Appointments Committee.

The motion was agreed to (DT).

7. Substitution on Committees: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-2478—That the Parliament agrees that—

John Farquhar Munro be appointed to replace Iain Smith as the Scottish Liberal Democrats substitute on the Audit Committee;

Jeremy Purvis be appointed to replace Liam McArthur as the Scottish Liberal Democrats substitute on the Economy, Energy and Tourism Committee;

Margaret Smith be appointed to replace Jim Tolson as the Scottish Liberal Democrats substitute on the Equal Opportunities Committee;

Iain Smith be appointed to replace Jeremy Purvis as the Scottish Liberal Democrats substitute on the European and External Relations Committee;

Liam McArthur be appointed to replace Ross Finnie as the Scottish Liberal Democrats substitute on the Finance Committee;

Alison McInnes be appointed to replace Robert Brown as the Scottish Liberal Democrats substitute on the Local Government and Communities Committee;

Nicol Stephen be appointed to replace Jim Hume as the Scottish Liberal Democrats substitute on the Public Petitions Committee;

Jim Hume be appointed to replace John Farquhar Munro as the Scottish Liberal Democrats substitute on the Rural Affairs and Environment Committee;

Mike Rumbles be appointed to replace Alison McInnes as the Scottish Liberal Democrats substitute on the Standards, Procedures and Public Appointments Committee;

Ross Finnie be appointed to replace Margaret Smith as the Scottish Liberal Democrats substitute on the Subordinate Legislation Committee;

Jim Tolson be appointed to replace Tavish Scott as the Scottish Liberal Democrats substitute on the Transport, Infrastructure and Climate Change Committee.

The motion was agreed to (DT).

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

9. Upgrading of the A92: The Parliament debated S3M-2148 in the name of Ted Brocklebank—That the Parliament supports the campaign to dual the A92 from Glenrothes to the Melville Lodge roundabout in north east Fife and as a priority to upgrade the Parbroath junction, which is the only major intersection between Kirkcaldy and Dundee without a roundabout; commends the efforts of local people campaigning to upgrade the section between Preston roundabout and Balfarg junction, and notes that in terms of accidents the A92 is one of the most dangerous roads in Scotland with over 600 accidents in the last five years.

The meeting closed at 5.39 pm.

P E Grice
Clerk of the Parliament
3 September 2008

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

Subordinate Legislation

Affirmative Instruments

The following instruments were laid before the Parliament on 27 August 2008 for approval by resolution—

The Housing Grants (Assessment of Contributions) (Scotland) Amendment Regulations 2008

laid under section 240A(3) of the Housing (Scotland) Act 1987

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 following instrument was laid before the Parliament on 29 August 2008 for approval by resolution

The Freedom of Information (Relaxation of Statutory Prohibitions on Disclosure of Information) (Scotland) Order 2008

laid under section 72(2)(b) of the Freedom of Information (Scotland) Act 2002

The following instrument was laid before the Parliament on 1 September 2008 for approval by resolution

The Scottish Commission for Human Rights (Specification) Order 2008

laid under section 9(7) of the Scottish Commission for Human Rights Act 2006

Negative Instruments

The following instruments were laid before the Parliament on 27 June 2008 and are subject to annulment—

The Plastic Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2008 (SSI 2008/261)

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

The Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) Order 2008 (SSI 2008/263)

laid under section 36 of the Water Environment and Water Services (Scotland) Act 2003

The Control of Salmonella in Poultry (Scotland) Order 2008 (SSI 2008/266)

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

The following instrument was laid before the Parliament on 16 July 2008 and is subject to annulment

The Scotland Act 1998 (Agency Arrangements) (Specification) (No.2) Order 2008 (SI 2008/1788

laid under section 115 of, and paragraphs 1 and 2 of Schedule 7 to, the Scotland Act 1998

The following instrument was laid before the Parliament on 27 August 2008 and is subject to annulment

The Housing Grant (Application Forms) (Scotland) Amendment Regulations 2008 (SSI 2008/283)

laid under section 331 of the Housing (Scotland) Act 1987

The following instruments were laid before the Parliament on 1 September 2008 and are subject to annulment—

The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No. 2) Regulations 2008 (SSI 2008/288)

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

The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 2008 (SSI 2008/289)

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

The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2008 (SSI 2008/290)

laid under section 105(7) of the National Health Service (Scotland) Act 1978

The Public Contracts and Utilities Contracts (Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008 (SSI 2008/291)

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

The following instrument was laid before the Parliament on 3 September 2008 and is subject to annulment

The Divorce etc. (Pensions) (Scotland) Amendment Regulations 2008 (SSI 2008/293)

laid under section 10(9) of the Family Law (Scotland) Act 1985

Other Documents

The following document was laid before the Parliament on 27 June 2008 and is not subject to any parliamentary procedure

HM Inspectorate of Education Annual Report and Accounts 2007-08 (SG/2008/27)

The following document was laid before the Parliament on 7 July 2008 and is not subject to any parliamentary procedure

UK Film Council Group and Lottery Annual Report and Financial Statements for the year ended 31 March 2008 (SG/2008/114)

laid under section 34(3) and 35(5) of the National Lottery etc. Act 1993 (as amended by section 7 of the National Lottery Act 1998)

The following documents were laid before the Parliament on 10 July 2008 and are not subject to any parliamentary procedure—

UK Sport Annual Report and Accounts 2007-08 (SE/2008/113)

laid under sections 14(3) and 35(5) of the National Lottery etc. Act 1993 (as amended by the National Lottery Act 1998) and section 88 of the Scotland Act 1998

Criminal Injuries Compensation Authority Annual Report and Accounts 2007-08 (SG/2008/129)

laid under section 6 of the Criminal Injuries Compensation Act 1995

The following document was laid before the Parliament on 15 July 2008 and is not subject to any parliamentary procedure

National Lottery Commission Annual Report & Accounts 2007/2008 (SG/2008/80)

laid under section 14(3) of, and paragraph 11(6) of Schedule 2A to, the National Lottery etc. Act 1993 and section 88 of the Scotland Act 1998

Note: An updated version of How Government Works: Review of major capital projects in Scotland – A main report prepared for the Auditor General for Scotland (AGS 2008/6) was placed in SPICe on 15 July 2008

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

Mental Health Tribunal for Scotland Annual Report 2007 (SG/2008/124)

laid under paragraph 14 of Schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003

The following documents were laid before the Parliament on 17 July 2008 and are not subject to any parliamentary procedure

Food Standards Agency Annual Report 2007-08 (SG/2008/26)

laid under section 4 of the Food Standards Act 1999

Olympic Lottery Distributor Annual Report and Accounts 2007-08 (SG/2008/94)

laid under paragraphs 17 and 25 of Schedule 5 to the Horserace Betting and Olympic Lottery Act 2004

Heritage Lottery Fund National Heritage Memorial Fund Lottery Distribution Account for the year ended 31 March 2008 (SG/2008/100)

laid under sections 34(3) and 35(5) of the National Lottery etc. Act 1993 and section 88 of the Scotland Act 1998

National Heritage Memorial Fund Report and Accounts 2007/08 (SG/2008/101)

laid under section 7(1) of the National Heritage Act 1980 and section 88 of the Scotland Act 1998

The Sea Fish Industry Authority Annual Report and Accounts 2007/08 (SG/2008/102)

laid under section 11(6b) of the Fisheries Act 1981 and section 88 of the Scotland Act 1998

British Library Annual Report and Accounts 2007/08 (SG/2008/111)

laid under section 4(3) of the British Library Act 1972 and section 88 of the Scotland Act 1998

Nuclear Decommissioning Authority Annual Report and Accounts (SG/2008/112)

laid under sections 14(8) and 26(11) of the Energy Act 2004

VisitBritain Annual Report and Accounts for the year ended 31 March 2008 (SG/2008/116)

laid under section 6 of the Development of Tourism Act 1969 and section 88 of the Scotland Act 1998

Tribunals Service Annual Report and Accounts 2007-08 (SG/2008/117)

laid under section 6 of the Criminal Injuries Compensation Act 1995 and section 88 of the Scotland Act 1998

Annual Review of Controls on Imports of Animal Products: April 2007 – March 2008 (SG/2008/134)

laid under section 10A of the Animal Health Act 1981

The following documents were laid before the Parliament on 21 July 2008 and are not subject to any parliamentary procedure

Meat and Livestock Commission Annual Report and Accounts 2008/Meat Promotion Wales Annual Report & Accounts 2007-08 (SG/2008/87)

laid under section 19 of the Agriculture Act 1967

Milk Development Council Annual Report and Accounts 2007-08 (SG/2008/88)

laid under section 7 of the Industrial Organisation and Development Act 1947

Joint Nature Conservation Committee Annual Report 2007-08 (SG/2008/135)

laid under paragraph 18(3) of schedule 4 of the Natural Environment and Rural Communities Act 2006

Big Lottery Fund Annual Report and Accounts for the financial year ended 31 March 2008 (SG/2008/115)

laid under sections 34(3) and 43D(4) of the National Lottery etc. Act 1993

British Waterways Annual Report & Accounts 2007-08 (SG/2008/136)

laid under section 24(3) of the Transport Act 1962

The following documents were laid before the Parliament on 22 July 2008 and are not subject to any parliamentary procedure

Annual Report of the Chief Surveillance Commissioner to the Prime Minister and to Scottish Ministers for 2007-08 (SG/2008/86)

laid under section 107(3) of the Police Act 1997

Report of the Interception of Communications Commissioner for 2007 (SG/2008/127)

laid under section 58(6) of the Regulation of Investigatory Powers Act 2000

Report of the Intelligence Services Commissioner for 2007 (SG/2008/128)

laid under section 60(4) of the Regulation of Investigatory Powers Act 2000

The following documents were laid before the Parliament on 23 July 2008 and are not subject to any parliamentary procedure

British Potato Council Report & Accounts 2007-08 (SG/2008/97)

laid under section 7 of the Industrial Organisation and Development Act 1947 as amended by the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 and section 88 of the Scotland Act 1998

NHS Blood and Transplant Annual Report and Accounts 2007-08 (SG/2008/105)

laid under paragraph 6(3) of schedule 15 to the National Health Service Act 2006 and section 88 of the Scotland Act 1998

NESTA Annual Report and Accounts for the year ended 31 March 2008 (SG/2008/121)

laid under sections 22(5) and 23(4) of the National Lottery Act 1998

The Royal Botanic Garden Edinburgh Annual Report and Consolidated Accounts 2007-08 (SG/2008/137)

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

Scottish Public Services Ombudsman: Compendium of Case Reports for July 2008 (SPSO/2008/07)—

Case 200600725: Lanarkshire NHS Board

Case 200600942: Lanarkshire NHS Board

Case 200502857: Greater Glasgow and Clyde NHS Board

Case 200702258: Greater Glasgow and Clyde NHS Board

Case 200402209: Lothian NHS Board

Case 200501277: Lothian NHS Board

Case 200600213: Scottish Ambulance Service

Case 200603453: Lothian NHS Board

Case 200503366: Forth Valley NHS Board

Case 200700114: Fife NHS Board

Case 200502959: Tayside NHS Board

Case 200602439: Tayside NHS Board

Case 200603211: Tayside NHS Board

Case 200700903: Tayside NHS Board

Case 200502012: Ayrshire and Arran NHS Board

Case 200601141: Ayrshire and Arran NHS Board

Case 200603770: A Medical Practice, Ayrshire and Arran NHS Board

Case 200503340: Glasgow City Council

Case 200600176: The Highland Council

Case 200601167: The Moray Council

Case 200603329: Fife Council

Case 200503484: Scottish Prison Service

Cases 200402220 & 200500649: The Highland Council and the Directorate of Planning and Environmental Appeals

The following documents were laid before the Parliament on 28 July 2008 and are not subject to any parliamentary procedure

Horticultural Development Council Annual Report and Accounts 2007-08 (SG/2008/125)

laid under section 7 of the Industrial Organisation and Development Act 1947 and section 88 of the Scotland Act 1998

Scottish Law Commission Report on Crown Appeals (SG/2008/126)

laid under section 3(1)(e) of the Law Commission Act 1965

The following document was laid before the Parliament on 1 August 2008 and is not subject to any parliamentary procedure

Highlands and Islands Airports Annual Report and Group Accounts 2007-08 (SG/2008/104)

laid under section 15(2) of the Civil Aviation Act 1982 and section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

The following document was laid before the Parliament on 4 August 2008 and is not subject to any parliamentary procedure

Forestry Commission Scotland Annual Report and Accounts 2007-08 (SG/2008/138)

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

The following document was laid before the Parliament on 14 August 2008 and is not subject to any parliamentary procedure

Scottish Enterprise Annual Report and Accounts 31 March 2008 (SG/2008/130)

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

The following document was laid before the Parliament on 15 August 2008 and is not subject to any parliamentary procedure

Scotland’s Population 2007: The Registrar General’s Annual Review of Demographic Trends, 153rd Edition (SG/2008/123)

laid under section 1(4) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965

The following document was laid before the Parliament on 27 August 2008 and is not subject to any parliamentary procedure

Communities Scotland Annual Report & Accounts 2007-08 (SG/2008/82)

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

The following document was laid before the Parliament on 29 August 2008 and is not subject to any parliamentary procedure

Statistical Bulletin, Prison Statistics Scotland 2007-08 (SG/2008/156)

laid under section 5(1) of the Prisons (Scotland) Act 1989

The following document was laid before the Parliament on 1 September 2008 and is not subject to any parliamentary procedure

Inspectorate of Prosecution in Scotland Annual Report 2006-08 (SG/2008/139)

laid under section 79(8) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007

The following documents were laid before the Parliament on 3 September 2008 and are not subject to any parliamentary procedure—

Scottish Water Annual Report and Accounts 2007-08 (SG/2008/161)

laid under section 56(8) of the Water Industry (Scotland) Act 2002 and section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

Office of the Scottish Charity Regulator Annual Report and Accounts 2007-08 (SG/2008/154)

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

Day Surgery in Scotland: Reviewing Progress: a Report Prepared for the Auditor General for Scotland (AGS/2008/9)

laid under the Public Finance and Accountability (Scotland) Act 2000

Committee Reports

The following reports were published on 27 June 2008—

Transport, Infrastructure and Climate Change Committee, 4th Report, 2008 (Session 3): Ferry Services in Scotland (SP Paper 138)

Subordinate Legislation Committee, 29th Report, 2008 (Session 3): Subordinate Legislation (SP Paper 139)

The following reports were published on 10 July 2008—

Economy, Energy and Tourism Committee, 6th Report, 2008 (Session 3): Growing Pains - can we achieve a 50% growth in tourist revenue by 2015? (SP Paper 141)

Standards, Procedures and Public Appointments Committee, 6th Report, 2008 (Session 3): Complaint against Wendy Alexander MSP (SP Paper 142)

The following report was published on 28 July 2008—

Justice Committee, 15th Report, 2008 (Session 3): Report on Subordinate Legislation (SP Paper 143)

The following report is being published on 4 September 2008

Subordinate Legislation Committee, 30th Report 2008 (Session 3): Subordinate Legislation (SP Paper 144)