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Minutes of Proceedings Vol. 3, No. 53 Session 3

Meeting of the Parliament

Wednesday 10 February 2010

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

The meeting opened at 2.00 pm.

1. Time for Reflection: David Duncan, Scottish Inter Faith Council led Time for Reflection.

2. SPCB Question Time: Questions were answered by members of the Scottish Parliamentary Corporate Body.

3. Ure Elder Fund Transfer and Dissolution Bill: David Stewart, on behalf of the Ure Elder Fund Transfer and Dissolution Bill Committee, moved S3M-5672—That the Parliament agrees to the general principles of the Ure Elder Fund Transfer and Dissolution Bill and that the Bill should proceed as a Private Bill.

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

4. Control of Dogs (Scotland) Bill: Christine Grahame moved S3M-5581—That the Parliament agrees to the general principles of the Control of Dogs (Scotland) Bill.

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

5. The Local Government Finance (Scotland) Order 2010: The Cabinet Secretary for Finance and Sustainable Growth (John Swinney) moved S3M-5649—That the Parliament agrees that the Local Government Finance (Scotland) Order 2010 be approved.

After debate, the motion was agreed to ((DT) by division: For 106, Against 1, Abstentions 12).

6. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-5708—That the Parliament agrees the following revision to the programme of business for Thursday 11 February 2010—

(a) after

9.15 am Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Home Owner and Debtor Protection (Scotland) Bill

insert

followed by Scottish Government Debate: Access to BBC Alba

and (b) after

2.55 pm Equal Opportunities Committee Debate: 3rd Report 2009: Female offenders in the criminal justice system

insert

followed by Legislative Consent Motion: Bribery Bill – UK Legislation

followed by Legislative Consent Motion: Crime and Security Bill – UK Legislation

The motion was agreed to.

7. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-5743—That the Parliament agrees the following programme of business—

Wednesday 24 February 2010

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Scottish Government Debate: Preventing Obesity in Scotland

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 25 February 2010

9.15 am Parliamentary Bureau Motions

followed by Scottish Liberal Democrats Business

11.40 am General Question Time

12.00 pm 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: Brian Pack Inquiry – Single Farm Payment

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 3 March 2010

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 4 March 2010

9.15 am Parliamentary Bureau Motions

followed by Scottish Government Business

11.40 am General Question Time

12.00 pm First Minister’s Question Time

2.15 pm Themed Question Time

Finance and Sustainable Growth

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.

8. Establishment of Committee: Mike Rumbles, on behalf of the Parliamentary Bureau, moved S3M-5710—That the Parliament agrees to establish a committee of the Parliament as follows—

Name of Committee: End of Life Assistance (Scotland) Bill Committee;

Remit: To consider and report to the Parliament on the End of Life Assistance (Scotland) Bill;

Duration: Until the Bill has received Royal Assent, falls or is withdrawn;

Number of members: 6

Convenership: The Convener will be a member of the Scottish Liberal Democrat Party and the Deputy Convener will be a member of the Scottish National Party;

Membership: Helen Eadie, Ross Finnie, Nanette Milne, Cathy Peattie.

Margo MacDonald moved amendment S3M-5710.1 to motion S3M-5710—

Leave out from "establish" to end and insert—

"refer the End of Life Assistance (Scotland) Bill to the Health and Sport Committee under Rule 9.6.1 of Standing Orders."

After debate, the amendment was disagreed to ((DT) by division: For 49, Against 69, Abstentions 0).

The motion was then agreed to ((DT) by division: For 69, Against 48, Abstentions 1).

9. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-5711—That the Parliament agrees that the draft Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2010 be approved.

The motion was agreed to (DT).

10. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-5712—That the Parliament agrees that the draft Health Board Elections (Scotland) Amendment Regulations 2010 be approved.

The motion was agreed to (DT).

11. Parliamentary Recess Dates: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-5713—That the Parliament agrees the following parliamentary recess dates under Rule 2.3.1: 9 October – 24 October 2010 (inclusive).

The motion was agreed to (DT).

12. Office of the Clerk: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-5714—That the Parliament agrees that, between 1 September 2010 and 6 December 2010, the Office of the Clerk will be open on all days except: Saturdays and Sundays and 3 December 2010.

The motion was agreed to (DT).

13. Decision Time: The Parliament took decisions on items 3, 4, 5, 8, 9, 10, 11 and 12 as noted above.

14. The Bike Station Makes Climate Change a Local Challenge: The Parliament debated S3M-5359 in the name of Ian McKee—That the Parliament congratulates The Bike Station, Edinburgh’s bicycle recycling and cycling promotion charity, for its continued work in championing active travel; notes that the charity promotes cycling as a healthy and sustainable means of transport across Edinburgh and the Lothians and works to support people to start and keep cycling while assisting other organisations to promote cycling and bike maintenance skills; further notes that the charity has recently been awarded funding from the Scottish Government Climate Challenge Fund to take on the 80-40-20 challenge, aimed at encouraging commuters to leave their cars at home and use public transport or take up cycling; considers that the project will help reduce carbon gas emissions as well as improving the general health of people in the region; congratulates the charity’s manager, Mark Sydenham, for taking on the challenge, and wishes the project every success in getting the people of Edinburgh to take local and concrete action to fight climate change.

The meeting closed at 5.47 pm.

P E Grice
Clerk of the Parliament
10 February 2010

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 5 February 2010 for approval by resolution

The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Treatment of Office or Body as Specified Authority) Order 2010 (SSI2010/draft)

laid under section 18(4) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003

The following instrument was laid in draft before the Parliament on 9 February 2010 for approval by resolution

The Renewables Obligation (Scotland) Amendment Order 2010 (SSI2010/draft)

laid under section 32L(3) of the Electricity Act 1989

The following instrument was laid in draft before the Parliament on 10 February 2010 for approval by resolution

The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2010 (SSI2010/draft)

laid under section 252(6) of the Town and Country Planning (Scotland) Act 1997

Negative Instruments

The following instruments were laid before the Parliament on 5 February 2010 and are subject to annulment—

The Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2010(SSI/2010/27)

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

The National Health Service (Appointment of Consultants) (Scotland) Amendment Regulations 2010 (SSI 2010/28)

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

The following instrument was laid before the Parliament on 9 February 2010 and is subject to annulment

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2010 (SSI 2010/33)

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

The following instruments were laid before the Parliament on 10 February 2010 and are subject to annulment—

The Building (Scotland) Amendment Regulations 2010 (SSI 2010/32)

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

The Local Government Pension Reserve Fund (Scotland) Amendment Regulations 2010 (SSI 2010/34)

laid under section 93(3) of the Local Government (Scotland) Act 1973 and section 93(6) of the Local Government Finance Act 1992

The Council Tax (Dwellings) (Scotland) Regulations 2010 (SSI 2010/35)

laid under section 113(3) of the Local Government Finance Act1992

The Non-Domestic Rate (Scotland) Order 2010 (SSI 2010/36)

laid under section 7B(5) of the Local Government (Scotland) Act 1975

The Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Amendment Order 2010 (SSI 2010/37)

laid under section 8 of the Local Government and Rating Act 1997

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order2010 (SSI 2010/38)

laid under section 6A(2) of the Valuation and Rating (Scotland) Act 1956 and section 27(11) of the Local Government etc. (Scotland) Act1994

The Transfer of Property etc. (Scottish Court Service) Order 2010 (SSI2010/40)

laid under section 71(3) of the Judiciary and Courts (Scotland) Act 2008

The Scottish Court Service (Corporate Plan) Order 2010 (SSI 2010/41)

laid under section 71(3) of the Judiciary and Courts (Scotland) Act 2008

The Personal Injuries (NHS Charges) (Amounts) (Scotland) Amendment Regulations 2010 (SSI 2010/42)

laid under section 195 of the Health and Social Care (Community Health and Standards) Act 2003

The Non-Domestic Rates (Levying) (Scotland) Regulations 2010 (SSI2010/43)

laid under section 153(6) of the Local Government etc. (Scotland) Act1994

The Non-Domestic Rates (Renewable Energy Generation Relief) (Scotland) Regulations 2010 (SSI 2010/44)

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

Other Documents

The following document was laid before the Parliament on 8 February 2010 and is not subject to any parliamentary procedure

Scottish Legal Complaints Commission Annual Report 2008 – 2009 (SG/2010/13)

laid under section 16 of schedule 1 to the Legal Profession and Legal Aid (Scotland) Act 2007

Committee Reports

The following reports were published on 5 February 2010—

Justice Committee, 3rd Report, 2010 (Session 3): The decision on Abdelbaset al-Megrahi (SPPaper 383)

Subordinate Legislation Committee, 10th Report, 2010 (Session 3): Home Owner and Debtor Protection (Scotland) Bill as amended at Stage 2 (SPPaper 385)

The following report was published on 10 February 2010

Subordinate Legislation Committee, 11th Report, 2010 (Session 3): Subordinate Legislation (SPPaper 386)