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Meeting of the Parliament

Wednesday 10 June 2009

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

The meeting opened at 2.00 pm.

1. Time for Reflection: Rt Rev Brian Smith, Bishop of Edinburgh, led Time for Reflection.

2. Sexual Offences (Scotland) Bill: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-4330—That the Parliament agrees that, during Stage 3 of the Sexual Offences (Scotland) Bill, debate on groups of amendments shall, subject to Rule 9.8.4A, be brought to a conclusion by the time limits indicated, each time limit being calculated from when the Stage begins and excluding any periods when other business is under consideration or when a meeting of the Parliament is suspended (other than a suspension following the first division in the Stage being called) or otherwise not in progress:

Groups 1 to 5: 35 minutes

Groups 6 to 9: 55 minutes

Groups 10 to 13: 1 hour 10 minutes.

The motion was agreed to.

3. Ministerial Statement: The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead) made a statement and answered questions on A Thriving Rural Scotland: The Future Role of Government Support to Agriculture and Food.

4. Sexual Offences (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 123, 116, 117, 118 and 119

The following amendments were agreed to (by division)—

121 (For 77, Against 45, Abstentions 0)

122 (For 77, Against 44, Abstentions 0)

124 (For 77, Against 43, Abstentions 0)

125 (For 78, Against 45, Abstentions 0)

Amendment 120 was moved and, with the agreement of the Parliament, withdrawn.

The Presiding Officer extended the time-limits under Rules 9.8.4A (a) and (c).

5. Motion without Notice: Bruce Crawford moved without notice that, under Rule 9.8.5A, the debate on Groups 6 to 9 be extended by 15 minutes.

The motion was agreed to.

6. Motion without Notice: Fergus Ewing moved without notice that, under Rule 9.8.5A, the debate on Groups 10 to 13 be extended by a further 15 minutes.

The motion was agreed to.

7. Sexual Offences (Scotland) Bill – Stage 3: The Cabinet Secretary for Justice (Kenny MacAskill) moved S3M-4057—That the Parliament agrees that the Sexual Offences (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 121, Against 0, Abstentions 1).

8. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-4338—That the Parliament agrees that “8:45” be substituted for “9:15” in Rule 2.2.3 for the purpose of allowing the meeting of the Parliament on Thursday 11 June 2009 to begin at 8.45 am.

The motion was agreed to.

9. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-4339—That the Parliament agrees the following revision to the programme of business for Thursday 11 June 2009—

delete

9.15 am Parliamentary Bureau Motions

followed by Scottish Conservative and Unionist Party Debate: Scotland Needs a General Election

and insert

8.45 am Parliamentary Bureau Motions

followed by Ministerial Statement: Influenza A (H1N1)

followed by Scottish Conservative and Unionist Party Debate: Scotland Needs a General Election

The motion was agreed to.

10. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-4340—That the Parliament agrees the following programme of business—

Wednesday 17 June 2009

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Ministerial Statement: School Buildings Programme

followed by Stage 3 Proceedings: Scottish Local Government (Elections) Bill

followed by Scottish Parliamentary Corporate Body Debate: Nomination of Pension Trustees for the Scottish Parliamentary Pension Scheme

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 18 June 2009

9.15 am Parliamentary Bureau Motions

followed by Debate on a Government Motion to treat the proposed Convention Rights Proceedings (Amendment) (Scotland) Bill as an Emergency Bill

followed by Stage 1 Debate: proposed Convention Rights Proceedings (Amendment) (Scotland) Bill

followed by Review of SPCB Supported Bodies Committee Debate

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 Committee of the Whole Parliament: Stage 2 Debate: proposed Convention Rights Proceedings (Amendment) (Scotland) Bill

followed by Stage 3 Proceedings: proposed Convention Rights Proceedings (Amendment) (Scotland) Bill

followed by Scottish Government Debate: Festivals’ Contribution to Scotland’s Success

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 24 June 2009

9.15 am Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Climate Change (Scotland) Bill

2.35 pm Continuation of Stage 3 Proceedings: Climate Change (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 25 June 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

followed by Members’ Business

2.15 pm Themed Question Time

Health and Wellbeing

2.55 pm Scottish Government Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

The motion was agreed to.

11. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-4341—That the Parliament agrees that the draft Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2009 be approved.

The motion was agreed to (DT).

12. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-4342—That the Parliament agrees that the draft Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2009 be approved.

The motion was agreed to (DT).

13. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-4343—That the Parliament agrees that the draft Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 be approved.

The motion was agreed to (DT).

14. Decision Time: The Parliament took decisions on items 7, 11, 12 and 13 as noted above.

15. Supporting Town Centres: The Parliament debated S3M-3611 in the name of Aileen Campbell—That the Parliament recognises the central role that high streets play in local communities and town centres as a focal point for both economic and social activity, especially in the south of Scotland region; believes that high streets and town centres must be supported and invested in during the current economic downturn; notes calls from the Local Government Association in England to allow local authorities temporarily to use vacant high street shops as sites for community projects; welcomes the cross-party support for a Town Centre Regeneration Fund in the recent budget, and looks forward to the improvements that this will generate in high streets and town centres across Scotland.

The meeting closed at 5.58 pm.

P E Grice
Clerk of the Parliament
10 June 2009

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

Subordinate Legislation

Affirmative Instruments

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

The Judiciary and Courts (Scotland) Act 2008 (Consequential Modifications) Order 2009

laid under section 10(2) of the Rehabilitation of Offenders Act 1974 and section 71(4)(b) of the Judiciary and Courts (Scotland) Act 2008

Negative Instruments

The following instruments were laid before the Parliament on 4 June 2009 and are subject to annulment—

The Smoke Control Areas (Exempt Fireplaces) (Scotland) Order 2009 (SSI2009/214)

laid under section 63(3) of the Clean Air Act 1993

The Contaminants in Food (Scotland) Regulations 2009 (SSI 2009/215)

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

The Police Act 1997 (Criminal Records) (Scotland) Amendment (No. 2) Regulations 2009 (SSI 2009/216)

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

The Knife Dealers (Licence Conditions) Order 2009 (SSI 2009/217)

laid under section 27 of the Civic Government (Scotland) Act 1982

The Knife Dealers (Exceptions) Order 2009 (SSI 2009/218)

laid under section 27(2) of the Civic Government (Scotland) Act 1982

The Seed (Scotland) (Amendments for Conservation Varieties) Regulations 2009 (SSI 2009/223)––

The Seed Potatoes (Scotland) Amendment Regulations 2009 (SSI 2009/226)—

laid under section 16 and 36 of the Plant Varieties and Seeds Act 1964

The Marketing of Horticultural Produce (Scotland) Regulations 2009 (SSI 2009/225)

laid under sections 16(1)(e) and (2)(b) and 17(1) of the Food Safety Act 1990 and section 2(2) of, and paragraph 1A of Schedule 2, to the European Communities Act 1972

The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2009 (SSI 2009/227)––

The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2009 (SSI 2009/228)––

The Control of Salmonella in Poultry (Breeding, Laying and Broiler Flocks) (Scotland) Order 2009 (SSI 2009/229)––

The Horse Identification (Scotland) Regulations 2009 (SSI 2009/231)––

The Rural Development Contracts (Rural Priorities) (Scotland) Amendment (No. 2) Regulations 2009 (SSI 2009/233)––

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

The Zoonoses and Animal By-Products (Fees) (Scotland) Regulations 2009 (SSI 2009/230)

laid under section 56(4) of the Finance Act 1973

The Brucellosis (Scotland) Order 2009 (SSI 2009/232)

laid under section 32(3) of the Animal Health Act 1981 and Schedule 2 of the European Communities Act 1972

The following instruments were laid before the Parliament on 5 June 2009 and are subject to annulment—

The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2009 (SSI 2009/220)

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

The Environmental Impact Assessment (Scotland) Amendment Regulations 2009 (SSI 2009/221)

laid under paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and section 275 of the Town and Country Planning (Scotland) Act 1997

The Planning etc. (Scotland) Act 2006 (Development Management and Appeals) (Saving, Transitional and Consequential Provisions) Order 2009 (SSI2009/222)

laid under section 58 of the Planning etc. (Scotland) Act 2006

The Debt Arrangement Scheme (Scotland) Amendment Regulations 2009 (SSI2009/234)

laid unde secrtion 62(3) of the Debt Arrangement and Attachment (Scotland) Act 2002

Committee Reports

The following reports were published on 4 June 2009—

Subordinate Legislation Committee, 30th Report, 2009 (Session 3): Legislative Consent Memorandum for the Equality Bill (SP Paper 274)

Justice Committee, 13th Report, 2009 (Session 3): Report on Subordinate Legislation (SP Paper 276)

Subordinate Legislation Committee, 31st Report, 2009 (Session 3): Sexual Offences (Scotland) Bill as amended at Stage 2 (SP Paper 277)

The following report was published on 5 June 2009

Subordinate Legislation Committee, 32nd Report, 2009 (Session 3): Subordinate Legislation (SPPaper 278)

The following reports were published on 8 June 2009—

Economy, Energy and Tourism Committee, 4th Report, 2009 (Session 3): Annual Report 2008 - 2009 (SP Paper 275)

Equal Opportunities Committee, 1st Report 2009 (Session 3): Annual Report (SP Paper 280)

Rural Affairs and Environment Committee, 8th Report, 2009 (Session 3): Annual Report 2008-09 (SP Paper 281)

Local Government and Communities Committee, 11th Report, 2009 (Session 3): Annual Report 2008-09 (SP Paper 286)

Justice Committee, 14th Report, 2009 (Session 3): Annual Report 2008-09 (SP Paper 287)

Public Audit Committee, 5th Report, 2009 (Session 3): Annual Report 2008-09 (SP Paper 273)

The following reports were published on 9 June 2009—

Education, Lifelong Learning and Culture Committee, 4th Report, 2009 (Session 3): Annual Report 2008-09 (SP Paper 279)

Public Petitions Committee, 2nd Report, 2009 (Session 3): Annual Report 2008-09 (SP Paper 282)

Finance Committee, 2nd Report, 2009 (Session 3): Strategic Budget Scrutiny (SP Paper 283)

Transport, Infrastructure and Climate Change Committee, 3rd Report 2009 (Session 3): Annual Report 2008-09 (SP Paper 288)

The following reports were published on 10 June 2009—

European and External Relations Committee, 1st Report, 2009 (Session 3): Report on the impact of the financial crisis on EU support for economic development (SP Paper 291)

Local Government and Communities Committee, 12th Report, 2009 (Session 3): Equal Pay in Local Government (SP Paper 292)

Subordinate Legislation Committee, 33rd Report, 2009 (Session 3): Annual Report 2008-09 (SP Paper 294)

Justice Committee, 15th Report, 2009 (Session 3): Report on Subordinate Legislation (SP Paper 295)