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Meeting of the Parliament

Wednesday 11 February 2009

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Vinesh Chandrasegaran, Member of Scottish Inter Faith Youth Council, Sri Sathya Sai Service Organisation and the Art of Living Foundation, led Time for Reflection.

2. Motion without Notice: The First Minister (Alex Salmond) moved without notice that motion S3M-3419 be taken at this meeting of the Parliament.

The motion was agreed to.

3. Motion of Condolence: The First Minister (Alex Salmond) moved S3M-3419—That the Parliament expresses its deep regret and sadness at the death of Bashir Ahmad MSP; offers its sympathy and condolences to Bashir’s family and friends, and believes that as the first Scots-Asian Member of the Scottish Parliament, and a man of faith and dignity, his contribution to Scotland’s democratic process and community relations over many years leaves a hugely positive legacy for all of Scotland.

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

4. The Local Government Finance Act 1992 (Scotland) Order 2009: The Cabinet Secretary for Finance and Sustainable Growth (John Swinney) moved S3M-3386—That the Parliament agrees that the Local Government Finance Act 1992 (Scotland) Order 2009 be approved.

After debate, the motion was agreed to ((DT) by division: For 99, Against 1, Abstentions 15).

5. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3420—That the Parliament agrees the following revision to the programme of business for Thursday 12 February 2009—

(a) delete

9.15 am Parliamentary Bureau Motions

and insert

9.10 am Parliamentary Bureau Motions

followed by Member’s Oath/Affirmation - Anne McLaughlin

and (b) after

followed by Financial Resolution: Sexual Offences (Scotland) Bill

insert

followed by Appointment of Ministers

The motion was agreed to.

6. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3421—That the Parliament agrees the following programme of business—

Wednesday 25 February 2009

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Equal Opportunities Committee Debate: Unpaid Carers

followed by Justice Committee Debate: Community Policing Report

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 26 February 2009

9.00 am Parliamentary Bureau Motions

followed by Ministerial Statement: Financial Services Advisory Board (FiSAB)

followed by Stage 3 Proceedings: Disabled Persons’ Parking Places (Scotland) Bill

11.40 am General Question Time

12 noon First Minister’s Question Time

2.15 pm Themed Question Time

Justice and Law Officers;
Rural Affairs and the Environment

followed by Ministerial Statement: Skills Strategy

followed by Scottish Government Debate: Marine Bill Consultation

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 4 March 2009

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 1 Debate: Education (Additional Support for Learning) (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 5 March 2009

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

Finance and Sustainable Growth

followed by Scottish Government Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

7. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3422—That the Parliament agrees—

(a) that "9:10" be substituted for "9:15" in Rule 2.2.3 to allow the meeting of the Parliament on Thursday 12 February 2009 to begin at 9.10 am; and

(b) that "9:00" be substituted for "9:15" in Rule 2.2.3 to allow the meeting of the Parliament on Thursday 26 February 2009 to begin at 9.00 am.

The motion was agreed to.

8. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3423—That the Parliament agrees that consideration of the Scottish Local Government (Elections) Bill at Stage 1 be completed by 8 May 2009.

The motion was agreed to.

9. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3424—That the Parliament agrees that the draft Non-Domestic Rating (Petrol Filling Stations, Public Houses and Hotels) (Scotland) Order 2009 be approved.

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

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

11. People with Dementia in Accident and Emergency - Recognising Their Needs: The Parliament debated S3M-3215 in the name of Irene Oldfather—That the Parliament notes the launch of the report, People with Dementia in NHS Accident and Emergency - Recognising Their Needs, by the Cross Party Group on Alzheimer’s; is concerned that evidence suggests that, while an estimated 70% of elderly people attending accident and emergency will show some sign of having mental health problems including dementia, less than 10% of problems are identified by admitting doctors; notes evidence that suggests that the average length of stay for an older person with dementia in accident and emergency is between three and seven hours and that readmission for this vulnerable group is likely to result in high levels of functional decline; further notes that mortality rates for patients with dementia admitted to hospital are higher than for other elderly people with some studies suggesting that as many as 30% of such patients die within six months and more than 10% are readmitted and may be placed in institutional care as a consequence; recognises the report's recommendation that where clinically possible there should be a presumption against admission for patients with dementia and that specialist community-based care, including consultant support and diagnostic testing, is desirable; welcomes as a starting point the decision by NHS Ayrshire and Arran to appoint a mental health liaison nurse to lead the development of protocols, policies and guidelines relevant to patients with dementia, and believes that it is important that people with dementia are given appropriate and timely treatment that respects their dignity and independence.

The meeting closed at 5.39 pm.

P E Grice
Clerk of the Parliament
11 February 2009

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

Subordinate Legislation

Affirmative Instruments

The following instruments were laid in draft before the Parliament on 6 February 2009 for approval by resolution—

The Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009

laid under section 51(3) of the Animal Health and Welfare (Scotland) Act 2006

The Regulation of Care (Scotland) Act 2001 (Minimum Frequency of Inspections) Order 2009

laid under section 78(2) of the Regulation of Care (Scotland) Act 2001

The Representation of the People (Postal Voting for Local Government Elections) (Scotland) Amendment Regulations 2009

laid under section 201(2) of the Representation of the People Act 1983

The following instruments were laid in draft before the Parliament on 9 February 2009 for approval by resolution—

The Community Care and Health (Scotland) Act 2002 (Amendment to schedule 1) Order 2009

laid under section 23(2) of the Community Care and Health (Scotland) Act 2002

The Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2009

laid under section 23(3)(a) of the Community Care and Health (Scotland) Act 2002

The following instrument was laid in draft before the Parliament on 10 February 2009 for approval by resolution

The Civic Government (Scotland) Act 1982 (Licensing of Booking Offices) Order 2009

laid under section 44(3) of the Civic Government (Scotland) Act 1982

The following instrument was laid in draft before the Parliament on 11 February 2009 for approval by resolution

The Housing Support Grant (Scotland) Order 2009

laid under section 191(9) of the Housing (Scotland) Act 1987

Negative Instruments

The following instruments were laid before the Parliament on 6 February 2009 and are subject to annulment—

The Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2009 (SSI 2009/34)

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

The Absent Voting at Scottish Local Government Elections (Provision of Personal Identifiers) Regulations 2009 (SSI 2009/35)

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

The Scottish Local Government Elections Amendment Order 2009 (SSI 2009/36)

laid under section 16 of the Local Governance (Scotland) Act 2004

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment regulations 2009 (SSI 2009/37)

laid under section 105(7) and 108(1) of the National Health Service (Scotland) Act 1978

The following instrument was laid before the Parliament on 9 February 2009 and is subject to annulment

The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2009 (SSI 2009/38)

laid under section 20(5) of the Sea Fish (Conservation) Act 1967

The following instruments were laid before the Parliament on 10 February 2009 and are subject to annulment—

The Protection of Children (Scotland) Act 2003 (The Meaning of Disqualified from Working with Children: Corresponding Disqualifications in Northern Ireland) Order 2009 (SSI 2009/39)

laid under section 21 of the Protection of Children (Scotland) Act 2003

The Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2009 (SSI 2009/40)

laid under section 125(4) of the Police Act 1997

The Police Grant (Variation) (Scotland) Order 2009 (SSI 2009/41)

laid under section 32(8) of the Police (Scotland) Act 1967

The following instrument was laid before the Parliament on 11 February 2009 and is subject to annulment

The Non-Domestic Rates (Levying) (Scotland) Regulations 2009 (SSI 2009/42)

laid under section 153 of the Local Government etc. (Scotland) Act 1994

Legislative Consent Memorandums

The following memorandum was lodged on 6 February 2009

Fiona Hyslop: Legislative Consent Memorandum on the Apprenticeships, Skills, Children and Learning Bill (UK Parliament legislation) (LCM(S3)19.1)

Other Documents

The following document was laid before the Parliament on 5 February 2009 and is not subject to any parliamentary procedure

The Local Government Finance Act 1992 (Scotland) Order 2009 (SG/2009/12)

laid under paragraph 2(3) of Schedule 12 to the Local Government Finance Act 1992

Note: The Local Government Finance Act 1992 (Scotland) Order 2009 (SG/2009/11) which was laid before the Parliament on 4 February 2009 has been withdrawn.

The following document was laid before the Parliament on 10 February 2009 and is not subject to any parliamentary procedure

The Police Grant (Variation) (Scotland) Order 2009 (SG/2009/14)

laid under section 32(9) of the Police (Scotland) Act 1967

The following document was laid before the Parliament on 11 February 2009 and is not subject to any parliamentary procedure

The Housing Support Grant Order 2009-10 Report (SG/2009/15)

laid under sections 191(9) and 192(3) of the Housing (Scotland) Act 1987

Committee Reports

The following report was published on 5 February 2009

Subordinate Legislation Committee, 8th Report 2009 (Session 3): Subordinate Legislation (SP Paper 207)

The following report was published on 6 February 2009

Local Government and Communities Committee, 3rd Report, 2009 (Session 3): Subordinate Legislation (SP Paper 208)

The following report was published on 10 February 2009

Local Government and Communities Committee, 4th Report, 2009, (Session 3): The Legislative Consent Memorandum on the Local Democracy, Economic Development and Construction Bill – LCM (S3)13.1

The following report was published on 11 February 2009

Subordinate Legislation Committee, 9th Report, 2009 (Session 3): Subordinate Legislation (SP Paper 211)