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Minutes of Proceedings Vol. 3, No. 27 Session 3

Meeting of the Parliament

Wednesday 28 October 2009

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Father Paul Kelly, St Michael’s Roman Catholic Church, Linlithgow led Time for Reflection.

2. Ministerial Statement: The Cabinet Secretary for Education and Lifelong Learning (Fiona Hyslop) made a statement and answered questions on Student Support

3. Reshaping the Future Care of Older People: The Parliament debated the subject of Reshaping the Future Care of Older People.

4. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-5064—That the Parliament agrees that “9:00” be substituted for “9:15” in Rule 2.2.3 for the purpose of allowing the meeting of the Parliament on Thursday 29 October 2009 to begin at 9.00 am.

The motion was agreed to.

5. Business Motion: Bruce Crawford on behalf of the Parliamentary Bureau, moved S3M-5065—That the Parliament agrees the following revision to the programme of business for Thursday 29 October 2009—

delete

9.15 am Parliamentary Bureau Motions

followed by Stage 1 Debate: Marine (Scotland) Bill

followed by Financial Resolution: Marine (Scotland) Bill

and insert

9.00 am Parliamentary Bureau Motions

followed by Ministerial Statement: Influenza A (H1N1)

followed by Ministerial Statement: Elder Abuse

followed by Stage 1 Debate: Marine (Scotland) Bill

followed by Financial Resolution: Marine (Scotland) Bill

The motion was agreed to.

6. Business Motion: Bruce Crawford on behalf of the Parliamentary Bureau, moved S3M-5066—That the Parliament agrees the following programme of business—

Wednesday 4 November 2009

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Scottish Government Debate: Scotland’s National Parks

followed by Ministerial Statement: Making Skills Work for Scotland: ScotAction

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 5 November 2009

9.15 am Parliamentary Bureau Motions

followed by Scottish Conservative and Unionist Party Business

11.40 am General Question Time

12 noon First Minister’s Question Time

2.15 pm Themed Question Time

Health and Wellbeing

2.55 pm Scottish Government Debate: Autumn Fisheries Negotiations

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 11 November 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 12 November 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

Justice and Law Officers;
Rural Affairs and the Environment

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.

7. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-5067—That the Parliament agrees that consideration of the Home Owner and Debtor Protection (Scotland) Bill at Stage 1 be completed by 18 December 2009.

The motion was agreed to.

8. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-5068—That the Parliament agrees that consideration of the Legal Services (Scotland) Bill at Stage 1 be completed by 26 March 2010.

The motion was agreed to.

9. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-5069—That the Parliament agrees that the draft Teaching Council (Scotland) Act 1965 Modification Order 2009 be approved.

The motion was agreed to (DT).

10. Decision Time: The Parliament took a decision on item 9 as noted above.

11. Celebrating the Scottish-Polish Connection: The Parliament debated S3M-4641 in the name of Shirley-Anne Somerville—That the Parliament commemorates the 70th anniversary of the arrival of the Polish navy in Leith on 1 September 1939; notes that the three Polish destroyers Burza (Storm), Grom (Thunder) and Blyskawica (Lightning) saw service alongside the Royal Navy during the Second World War, with Grom being sunk with heavy loss of life on 4 May 1940; recognises that the arrival of the destroyers marked the beginning of a strong wartime Scottish-Polish connection, with several squadrons of the Polish Air Force serving in the country and Polish ships based at a number of Scottish ports, including Rosyth, Greenock, Port Glasgow, Ardrossan, Gourock, Dundee and Scapa Flow; further recognises that the main influx of Poles during the war occurred following the collapse of France in 1940 when some 30,000 Polish troops were evacuated to the United Kingdom and were stationed in Scotland, many of whom settled here; notes that a Polish house was organised in Edinburgh by the British Council to help the Polish community socially and educationally at this time; celebrates not just the wartime links but the long historical connection between Scotland and Poland, which includes upwards of 40,000 Scots migrating to Poland during the 17th century, and applauds the work of many organisations, including the Polish Institute and Sikorski Museum and the Scottish Polish Cultural Association, for helping to develop awareness of the historical connections, promote cultural understanding and foster strong relations between modern generations of Scots and Poles.

The meeting closed at 5.46 pm.

P E Grice
Clerk of the Parliament
28 October 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 22 October 2009 for approval by resolution

The Budget (Scotland) Act 2009 Amendment Order 2009 (SSI 2009/draft)

laid under section 7(2) of the Budget (Scotland) Act 2009

The following instrument was laid in draft before the Parliament on 27 October 2009 for approval by resolution

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) (No. 3) Order 2009 (SSI 2009/draft)

laid under section 50(5)(b) of the Crime (International Co-operation) Act 2003

Negative Instruments

The following instruments were laid before the Parliament on 9 October 2009 and are subject to annulment—

The Regulation of Care (Fitness of Employees in Relation to Care Services) (Scotland) (No. 2) Amendment Regulations 2009 (SSI 2009/349)

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

The Regulation of Care (Social Service Workers) (Scotland) Amendment Order 2009 (SSI 2009/350)

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

The following instrument was laid before the Parliament on 14 October 2009 and is subject to annulment

The Pensions Appeal Tribunals (Scotland) (Amendment) Rules 2009 (SSI 2009/353)

laid under paragraph 5(5) of the Schedule to the Pensions Appeal Tribunals Act 1943, as read with section 118(3) of the Scotland Act 1998

The following instrument was laid before the Parliament on 21 October 2009 and is subject to annulment

The Mental Health Tribunal for Scotland (Appointment of Medical Members) Amendment Regulations 2009 (SSI 2009/359)

laid under section 326(3) of the Mental Health (Care and Treatment) (Scotland) Act 2003

The following instrument was laid before the Parliament on 28 October 2009 and is subject to annulment

The Glasgow City Council Area and North Lanarkshire Council Area (Cardowan by Stepps) Boundaries Amendment Order 2009 (SSI 2009/368)

laid under section 17(4) of the Local Government (Scotland) Act 1973

Other Documents

The following document was laid before the Parliament on 14 October 2009 and is not subject to any parliamentary procedure

Meeting Carbon Budgets – the Need for a Step Change: Progress Report to Parliament Committee on Climate Change, October 2009

laid under section 36(1) of the Climate Change Act 2008

The following documents were laid before the Parliament on 15 October 2009 and are not subject to any parliamentary procedure

National Galleries of Scotland Annual Accounts for year ended 31 March 2009 (SG/2009/225)—

National Library of Scotland Annual Report and Accounts for the year ended 31 March 2009 (SG/2009/226)—

National Museums Scotland Annual Report and Accounts for the year ended 31 March 2009 (SG/2009/227)—

Scottish Screen (Enterprises) Limited Report and Financial Statements 31 March 2009 (SG/2009/228)—

Scottish Screen Annual Report and Consolidated Financial Statements for the year ended 31 March 2009 (SG/2009/229)—

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

The following documents were laid before the Parliament on 16 October 2009 and are not subject to any parliamentary procedure—

Scottish Fisheries Protection Agency Annual Report and Accounts 2008/2009 (SG/2009/162)—

Accountant in Bankruptcy Annual Report and Accounts 2008-09 (SG/2009/222)—

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

The following document was laid before the Parliament on 19 October 2009 and is not subject to any parliamentary procedure

Bord na Gaidhlig Report and Accounts Year Ended 31 March 2009 (SG/2009/232)

laid under section 1(6) of the Gaelic Language (Scotland) Act 2000

The following document was laid before the Parliament on 21 October 2009 and is not subject to any parliamentary procedure

Scottish Public Services Ombudsman: Compendium of Case Reports for October 2009 (SPSO/2009/11)—

Case 200602310: Glasgow Caledonian University

Case 200801939: Queen Margaret University

Case 200701693: Greater Glasgow and Clyde NHS Board

Case 200801237: Greater Glasgow and Clyde NHS Board

Case 200802430: Greater Glasgow and Clyde NHS Board

Cases 200700438 and 200800535: NHS 24 and Greater Glasgow and Clyde NHS Board – Acute Services Division

Case 200703108: Lothian NHS Board

Cases 200800888 and 200800890: North Lanarkshire Council

Case 200701741: Comhairle nan Eilean Siar

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

The following documents were laid before the Parliament on 22 October 2009 and are not subject to any parliamentary procedure—

Scotland’s Budget Documents: The 2009-10 Autumn Budget Revision to the Budget (Scotland) Act for the year ending 31 March 2010 (SG/2009/221)—

Scottish Public Services Ombudsman Annual Accounts 2008-09 (SG/2009/234)

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

The following document was laid before the Parliament on 23 October 2009 and is not subject to any parliamentary procedure

Deer Commission for Scotland Annual Report 08-09 (SG/2009/237)

laid under section 2(2) of the Deer (Scotland) Act 1996

The following documents were laid before the Parliament on 27 October 2009 and are not subject to any parliamentary procedure—

Mental Welfare Commission for Scotland – Our Annual Report 2008-09 (SG/2009/99)

laid under section 18(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003

Registers of Scotland Annual Report and Accounts 2008-09 and a report by the Auditor General for Scotland on the 2008-09 Audit of Registers of Scotland (SG/2009/191)

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

The following documents were laid before the Parliament on 28 October 2009 and are not subject to any parliamentary procedure—

Scottish Children’s Reporter Administration Annual Report 2008/09 (SG/2009/183)

laid under section 136 of the Local Government (Scotland) Act 1994

Scottish Children’s Reporter Administration (SCRA) Accounts 2008/09 (SG/2009/184)

laid under section 136 of the Local Government (Scotland) Act 1994 and section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

Committee Reports

The following reports were published on 9 October 2009—

European and External Relations Committee, 3rd Report, 2009 (Session 3): Inquiry into the Scottish Government’s China Plan (SP Paper 326)

Subordinate Legislation Committee, 42nd Report, 2009 (Session 3): Subordinate Legislation (SP Paper 329)