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Meeting of the Parliament

Wednesday 25 March 2009

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Rev Dr W Graham Monteith, Secretary, Scottish Churches’ Disability Agenda Group, led Time for Reflection.

2. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3779—That the Parliament agrees the following revision to the programme of business for Wednesday 25 March 2009—

after

followed by Announcement of Appointment of Scottish Public Services Ombudsman

insert

followed by Ministerial Statement: Improving Access to New Medicines in the NHS and Guidance for Patients Seeking Additional Private Care

The motion was agreed to.

3. Code of Conduct for Members of the Scottish Parliament: Review of Section 6 of the Code of Conduct (Cross-Party Groups): Gil Paterson moved S3M-3755—That the Parliament agrees to amend the Code of Conduct for Members of the Scottish Parliament by replacing Section 6 (in Volume 2) with Section 6 as set out in Annex A of the Standards, Procedures and Public Appointments Committee's 11th Report 2008 (Session 3), Review of Section 6 of the Code of Conduct (Cross-Party Groups) (SP Paper 186), with effect from 27 March 2009.

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

4. Code of Conduct for Members of the Scottish Parliament: Changes to the Code of Conduct arising from the Reimbursement of Members’ Expenses Scheme: Gil Paterson moved S3M-3756—That the Parliament agrees to amend the Code of Conduct for Members of the Scottish Parliament by replacing Section 7.2.6 and Section 9.1.6(c) (in Volume 2) with Section 7.2.6 and Section 9.1.6(c) as set out in Annex A of the Standards, Procedures and Public Appointments Committee's 2nd Report 2009 (Session 3), Changes to the Code of Conduct arising from the Reimbursement of Members’ Expenses Scheme (SP Paper 217), with effect from 27 March 2009.

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

5. Code of Conduct for Members of the Scottish Parliament: Review of Section 8 of the Code of Conduct: Gil Paterson moved S3M-3757—That the Parliament agrees to amend the Code of Conduct for Members of the Scottish Parliament by replacing Section 8 and Section 9.1.6(b) (in Volume 2) with Section 8 and Section 9.1.6(b) as set out in Annex A of the Standards, Procedures and Public Appointments Committee's 9th Report 2008 (Session 3), Review of Section 8 of the Code of Conduct (SP Paper 176), with effect from 27 March 2009.

After debate, the motion was agreed to ((DT) by division: For 100, Against 8, Abstentions 2).

6. Appointment of the Scottish Public Services Ombudsman: David McLetchie moved S3M-3766—That the Parliament nominates Jim Martin to Her Majesty The Queen for appointment as the Scottish Public Services Ombudsman.

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

7. Ministerial Statement: The Cabinet Secretary for Health and Wellbeing (Nicola Sturgeon) made a statement and answered questions on Improving Access to New Medicines in the NHS and Guidance for Patients Seeking Additional Private Care.

8. The Local Government Finance Act 1992 (Scotland) Amendment Order 2009: The Cabinet Secretary for Finance and Sustainable Growth (John Swinney) moved S3M-3707—That the Parliament agrees that the Local Government Finance Act 1992 (Scotland) Amendment Order 2009 be approved.

After debate, the motion was agreed to ((DT) by division: For 99, Against 0, Abstentions 14).

9. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3780—That the Parliament agrees the following programme of business—

Wednesday 1 April 2009

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Announcement of Appointment of Scottish Parliamentary Standards Commissioner

followed by Finance Committee Debate: Inquiry into Methods of Funding Capital Investment Projects

followed by Legislative Consent Motion: Apprenticeships, Skills, Children and Learning Bill - UK Legislation

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 2 April 2009

9.00 am Parliamentary Bureau Motions

followed by Ministerial Statement: Creative Scotland

followed by Scottish Government Debate: Hospital Waiting Times

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: Antisocial Behaviour Framework

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 22 April 2009

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 23 April 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

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.

10. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3781—That the Parliament agrees that "9:00" be substituted for "9:15" in Rule 2.2.3 to allow the meeting of the Parliament on Thursday 2 April 2009 to begin at 9.00 am.

The motion was agreed to.

11. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3782—That the Parliament agrees that consideration of the Tobacco and Primary Medical Services (Scotland) Bill at Stage 1 be completed by 25 September 2009.

The motion was agreed to.

12. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3785—That the Parliament agrees that the draft Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2009 be approved.

The motion was agreed to (DT).

13. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3786—That the Parliament agrees that the draft Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order 2009 be approved.

The motion was agreed to (DT).

14. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3787—That the Parliament agrees that the draft Civic Government (Scotland) Act 1982 (Licensing of Booking Offices) Order 2009 be approved.

The motion was agreed to (DT).

15. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3788—That the Parliament agrees that the draft Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2009 be approved.

The motion was agreed to (DT).

16. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3789—That the Parliament agrees that the draft Community Care and Health (Scotland) Act 2002 (Amendment to schedule 1) Order 2009 be approved.

The motion was agreed to (DT).

17. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3790—That the Parliament agrees that the draft Housing Support Grant (Scotland) Order 2009 be approved.

The motion was agreed to (DT).

18. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3791—That the Parliament agrees that the draft Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009 be approved.

The motion was agreed to (DT).

19. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3792—That the Parliament agrees that the draft Renewables Obligation (Scotland) Order 2009 be approved.

The motion was agreed to (DT).

20. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3793—That the Parliament agrees that the draft Victim Statements (Prescribed Courts) (Scotland) Order 2009 be approved.

The motion was agreed to (DT).

21. The Scottish Government Code for the Welfare of Equidae: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3794—That the Parliament agrees that the Scottish Government Code of Practice for the Welfare of Equidae (SG 2009/20) be approved.

The motion was agreed to (DT).

22. Committee Remit and Duration: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3783—That the Parliament agrees to amend the remit and duration of the Review of SPCB Supported Bodies Committee as follows—

Remit: To consider and report on whether alterations should be made to the terms and conditions of the office-holders and the structure of the bodies supported by the SPCB; to consider how any proposals, including the addition of any new functions, for future arrangements should be taken forward, including by way of a Committee Bill, and to make recommendations accordingly.

Duration: Until the Parliament has concluded consideration of the committee’s report and any Bill which may follow thereon.

The motion was agreed to (DT).

23. Designation of Secondary Committee: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-3784—That the Parliament agrees to designate the Health and Sport Committee as secondary committee for the purpose of considering Part 9, section 129 and Part 10, section 140 of the Criminal Justice and Licensing (Scotland) Bill at Stage 1.

The motion was agreed to (DT).

24. Decision Time: The Parliament took decisions on items 3, 4, 5, 6, 8, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23, as noted above.

25. Drumchapel is Top of the Table: The Parliament debated S3M-3622 in the name of Bill Butler—That the Parliament congratulates Drumchapel Table Tennis Club on its 20th anniversary; notes that it is the most successful table tennis club in Britain, with over 400 members, and caters for all levels of ability; further notes that several of its players will be representing Scotland at the 2009 Commonwealth Table Tennis Championships to be held in Glasgow in May; acknowledges the valuable role that the club plays, with support from Drumchapel LIFE, Skyform, Culture and Sport Glasgow and Strathclyde Police, in promoting healthy lifestyles, tackling antisocial behaviour and developing young people’s potential through its imaginative after-school programme; pays tribute to the hard work and dedication of its head coach and driving force, Terry McLernon; recognises the positive impact that sports clubs make in communities across Scotland, and agrees with Drumchapel Table Tennis Club that sport must be properly supported at grassroots level and looks to the Scottish Government and local authorities to facilitate such an approach.

The meeting closed at 5.36 pm.

P E Grice
Clerk of the Parliament
25 March 2009

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

Negative Instruments

The following instruments were laid before the Parliament on 20 March 2009 and are subject to annulment—

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2009 (SSI 2009/112)

laid under section 6A(2) of the Valuation and Rating (Scotland) Act 1956

The Justice of the Peace Courts (Sheriffdom of South Strathclyde, Dumfries and Galloway) Order 2009 (SSI 2009/115)

laid under section 81(3) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007

The following instruments were laid before the Parliament on 23 March 2009 and are subject to annulment—

The Building (Procedure) (Scotland) Amendment Regulations 2009 (SSI 2009/117)

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

The Regulation of Care (Fitness of Employees in Relation to Care Services) (Scotland) (No. 2) Regulations 2009 (SSI 2009/118)

laid under section 71 of the Regulation of Care (Scotland) Act 2001

The Building (Scotland) Amendment Regulations 2009 (SSI 2009/119)

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

The following instruments were laid before the Parliament on 25 March 2009 and are subject to annulment—

The Charities and Benevolent Fundraising (Scotland) Regulations 2009 (SSI 2009/121)

laid under section 103(4) of the Charities and Trustee Investment (Scotland) Act 2005

The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment Regulations 2009 (SSI 2009/124)

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

Other Documents

The following documents were laid before the Parliament on 23 March 2009 and are not subject to any parliamentary procedure—

Dumfries and Galloway College Report and Financial Statements for the period 1 August 2007 to 31 July 2008 (SG/2009/46)—

Forth Valley College Report and Financial Statements for the year ended 31 July 2008 (SG/2009/47)—

Glasgow College of Nautical Studies Annual Review and Accounts 2007-08 (SG/2009/48)—

Glasgow Metropolitan College Financial Report & Accounts for the year ended 31 July 2008 (SG/2009/49)—

Inverness College Report and Financial Statements for the Year Ended 31 July 2008 (SG/2009/50)—

James Watt College Annual Report & Accounts 2007-08 (SG/2009/51)—

Lews Castle College Annual Accounts Year to 31 July 2008 (SG/2009/52)—

Moray College Annual Review and Financial Statements for the year ended 31 July 2008 (SG/2009/53)—

Motherwell College Financial Statements Year ending 31 July 2008 (SG/2009/54)—

Oatridge College Report and Financial Statements for the year ended 31 July 2008 (SG/2009/55)—

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

The following documents were laid before the Parliament on 24 March 2009 and are not subject to any parliamentary procedure

The Queen’s Printer for Scotland Report covering the period 1 April 2007 to 31 December 2008 (SG/2009/30)

The General Teaching Council for Scotland Strategic Plan 2009-2013 (SG/2009/56)

The following documents were laid before the Parliament on 25 March 2009 and are not subject to any parliamentary procedure—

Scottish local government financial statistics 2007-08 (SG/2009/17)

Drug and alcohol services in Scotland - A main report and key messages summary prepared for the Auditor General for Scotland (AGS/2009/3)

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

Sweet 16? One year on – Is life any sweeter? (CCYP/2009/1)

laid under section 12 of the Commissioner for Children and Young People (Scotland) Act 2003

Scottish Public Services Ombudsman: Compendium of case reports for March 2009 (SPSO/2009/03)—

Case 200501303: Greater Glasgow and Clyde NHS Board

Case 200800093: A Medical Practice, Lothian NHS Board

Case 200602930: Forth Valley NHS Board

Case 200700075: Fife NHS Board

Case 200603518: Glasgow City Council

Case 200800100: The City of Edinburgh Council

Case 200602104: Dumfries and Galloway Council

Case TH0024_04: Crofters Commission

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

Legislative Consent Memorandums

The following memorandum was lodged on 25 March 2009

Kenny MacAskill: Legislative Consent Memorandum on the Coroners and Justice Bill (UK Parliament legislation) (LCM(S3) 16.2)

Committee Reports

The following reports are being published on 20 March 2009––

Local Government and Communities Committee, 7th Report, 2009 (Session 3): Subordinate Legislation (SP Paper 240)

Rural Affairs and Environment Committee, 4th Report, 2009 (Session 3): Subordinate Legislation (SP Paper 241)

Economy, Energy and Tourism Committee, 2nd Report, 2009 (Session 3): Report on Subordinate Legislation (SP Paper 242)

Economy, Energy and Tourism Committee, 3rd Report, 2009 (Session 3): Report on the Climate Change (Scotland) Bill (SP Paper 243)