Select here to go directly to the document text
 
 Home > Parliamentary Business > The Chamber > Journal & Minutes > ..back
Minutes of Proceedings Vol. 3, No. 63 Session 3

Meeting of the Parliament

Wednesday 24 March 2010

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

The meeting opened at 2.00 pm.

1. Time for Reflection: Reverend Alan Gibson, The United Parish of Carstairs and Carstairs Junction led Time for Reflection.

2. Scottish Parliamentary Commissions and Commissioners etc. Bill: Trish Godman moved S3M-5681—That the Parliament agrees to the general principles of the Scottish Parliamentary Commissions and Commissioners etc. Bill.

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

3. Double Jeopardy: The Cabinet Secretary for Justice (Kenny MacAskill) moved S3M-6033—That the Parliament agrees that, although double jeopardy must continue to provide an important safeguard, it needs to be reformed to fit with a fair and modern criminal justice system; agrees that persons who confess after an acquittal or who undermine trials by threats or corruption should be retried; supports reform to allow a second trial in very serious cases where important new evidence emerges and for this to apply retrospectively, and welcomes the Scottish Government’sconsultation on this issue.

Mike Pringle moved amendment S3M-6033.2 to motion S3M-6033—

After “retrospectively” insert—

“; considers that any new evidence exception should be strictly limited and should apply only to cases of murder or rape; recognises that, in all cases, the High Court should approve applications for a retrial only where it is in the interests of justice to do so,”.

Mike Pringle sought the leave of the Parliament to withdraw amendment S3M-6033.2. This was disagreed to.

After debate, the amendment was disagreed to ((DT) by division: For 0, Against 104, Abstentions 14).

The motion was then agreed to ((DT) by division: For 115, Against 2, Abstentions 0).

4. Reimbursement of Members’ Expenses Scheme: Tom McCabe moved S3M-6027—That the Parliament recognises that the Scottish Parliamentary Corporate Body (“the SPCB”) commissioned and received a report from Sir Neil McIntosh on the Reimbursement of Members’ Expenses Scheme and in implementation of those recommendations therefore agrees to:

(a) Amend the Resolution of 12 June 2008 (“the Resolution”) agreeing to the Reimbursement of Members’ Expenses Scheme (“the Scheme”) annexed as Annex 1 to the Resolution by—

(i) adding after “appropriate” at the end of paragraph (iv) “and in particular, and without prejudice to the generality—
(a) entering into arrangements with those members who, in relation to Edinburgh accommodation, are claiming and have claimed reimbursement of mortgage interest allowance in accordance with paragraph 4(5)(b) of Part B of the Previous Scheme and paragraph (v) of the Resolution. In respect of paragraph 2.1.6 of the Scheme as amended by this Resolution, the entitlement to the costs in paragraph 2.1.3 (b), (c), (d) and (e) of the Scheme will not apply to those members who have not entered into such an arrangement with the SPCB; and
(b) making provision for termination payments to members’ staff who are close family members of the member (as defined in paragraph 9.1.1 of the Scheme), where the costs of employing such close family members is reimbursed in accordance with Section 3 of the Scheme and termination of the employment of such close family members on or before the 31 July 2015 is due to the effect of paragraph 3.1.8 of the Scheme as inserted by this Resolution, and paragraph (a)(ii) of this Resolution. Such termination payments shall be calculated in accordance with the principles for determining redundancy payments provided for in Section 3.6 of the Scheme”;

(ii) adding after “31 March 2011” at the end of paragraph (v) “except that (i) the entitlement to reimbursement of staff costs under Section 3 of the Scheme in respect of close family members (as defined in paragraph 9.1.1 of the Scheme) whose employment by a member commenced before 1 April 2010, and (ii) the requirement to declare such relationships to the SPCB in accordance with paragraph 3.7 of the Scheme as it read prior to the amendment made by this Resolution, shall end not later than 31 July 2015”;

(b) Amend the Scheme with effect from 1 April 2010 by—

(i) substituting for existing paragraph 1.6.2—
“On no more than two occasions in any financial year, a member may transfer in total an amount which does not exceed in aggregate one half of the limit on that member’s entitlement to reimbursement of office costs to that member’s entitlement to reimbursement of staff salary costs. A member making such a transfer shall notify the SPCB in advance of incurring any costs in respect of the sum transferred”;

(ii) deleting from paragraph 2.1.4 the words “and 2.1.6”;

(iii) substituting for existing paragraph 2.1.6(b)—
“(b) the member also owns another residence in Edinburgh which the member uses in connection with the performance of Parliamentary duties, the member is entitled to claim reimbursement of the actual costs specified in paragraph 2.1.3 (b), (c), (d) and (e) in respect of that other residence.”;

(iv) inserting as new paragraph 2.3—

2.3 SHARED RESIDENTIAL LEASED ACCOMMODATION

2.3.1Section 2.3 shall only apply to a member with a main residence in a constituency listed in Group Three of Annex A.

2.3.2 Subject to paragraph 2.3.3, where more than one member leases the same residential property in Edinburgh together with another member or members, those members are entitled between or amongst them to reimbursement of the costs of leasing the residential property in accordance with paragraph 2.1.3.

2.3.3The limit on the entitlement of each member to reimbursement of costs reimbursed under paragraph 2.3.2 is the limit in each financial year specified in the Schedule of Rates plus one third of that amount in respect of each additional member, apportioned equally between the members.

2.3.4 A member who submits a claim in respect of the cost of shared residential leased accommodation shall declare that arrangement to the SPCB. The declaration shall be in writing, include the name(s) of the other member or members with whom tenancy is shared, a copy of the letting agreement and/or lease, and such other information as the SPCB shall determine.”;

(v) inserting new paragraph 3.1.8—

“Section 3 does not apply in relation to the employment of a close family member by a member, whether individually or through a pool;

(vi) substituting for existing paragraphs 3.7 and 3.7.1—

3.7 EMPLOYMENT OF CLOSE FAMILY MEMBERS OF ANOTHER MEMBER.

3.7.1 A member who submits a claim in respect of the costs of employing a close family member of another member, whether individually or through a pool shall declare that relationship to the SPCB. The declaration shall be in writing and shall include the name of the close family member, the name of the other member, the relationship to that other member and such other information as the SPCB may determine” ;

(vii) substituting for existing paragraph 8.4—

8.4 ACCOMMODATION, OFFICE AND ASSOCIATED COSTS

8.4.1 A former member is entitled to reimbursement of the costs reasonably incurred—

(a) in the closing down of a parliamentary office;

(b) in connection with the termination of any agreement pertaining to leasing residential property within Edinburgh under paragraph 2.1.2(b);

(c) in connection with any ancillary obligations arising from paragraph 8.4.1(b);

(d) for the purpose of travel within Scotland undertaken in connection with (a) (b) or (c);

8.4.2 The reimbursements in paragraph 8.4.1 are subject to a limit equivalent to one third of the office cost provisions set out in section 4”;

8.4.3 Any costs reimbursed under paragraph 8.4.1 may include the costs of travel of the former member’s staff provided that such costs are incurred for the purpose of paragraphs 8.4.1(a), (b) or (c).”.

The motion was agreed to (DT).

5. Scottish Ministers nominations to the European Economic and Social Committee: The Minister for Culture and External Affairs (Fiona Hyslop) moved S3M-6034—That the Parliament endorses the Scottish Executive’s proposal to nominate MrGeorge Traill Lyon, nominated by CBI Scotland and the Institute of Directors Scotland, Mr Sandy Boyle, nominated by the STUC, and Ms Maureen O’Neill, nominated by the Scottish Council for Voluntary Organisations and the Poverty Alliance, to the UK delegation on the Economic and Social Committee of the European Union for the forthcoming mandate from September 2010 to September 2015.

The motion was agreed to (DT).

6. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-6042—That the Parliament agrees the following programme of business—

Wednesday 14 April 2010

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Scottish Government Debate: Local Government Finance (Scotland) Amendment Order 2010

followed by Scottish Government Debate: Economic Recovery Plan

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 15 April 2010

9.15 am Parliamentary Bureau Motions

followed by Scottish Liberal Democrats’ Business

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: Gaelic – An Action Plan for Gaelic

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 21 April 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 22 April 2010

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

Europe, External Affairs and Culture;
Education and Lifelong Learning

2.55 pm Stage 3 Proceedings: Control of Dogs (Scotland) Bill

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-6043—That the Parliament agrees that consideration of the Criminal Justice and Licensing (Scotland) Bill at Stage 2 be extended to 7 May 2010.

The motion was agreed to.

8. Approval of SSIs: Bruce Crawford, on behalf of the Parliamentary Bureau, moved—

S3M-6044—That the Parliament agrees that the Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2010 be approved.

S3M-6045—That the Parliament agrees that the International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2010 be approved.

S3M-6046—That the Parliament agrees that the National Bus Travel Concession Scheme for Older and Disabled Persons (Scotland) Amendment Order 2010 be approved.

The motions were agreed to (DT).

9. Decision Time: The Parliament took decisions on items 2, 3, 4, 5 and 8 as noted above.

10. 150 Years of Armed Forces’ Cadet Movement: The Parliament debated S3M-5633 in the name of Elizabeth Smith—That the Parliament congratulates the armed forces’ cadet movement on its 150th anniversary; considers that the Sea Cadet Corps, Army Cadet Force, Air Training Corps and Combined Cadet Force have given great opportunities to young people to develop self-confidence, teamwork, leadership and responsibility through a wide range of activities, including sport, adventure training, first aid, military skills training, community activities and military music groups, including the Black Watch Battalion Army Cadet Force, which covers Perth and Kinross and Fife, and further notes that, through Cadet150, the 131,000 current cadets will be taking part in events across the United Kingdom, with a notable programme of events in Scotland and events overseas.

The meeting closed at 5.45 pm.

P E Grice
Clerk of the Parliament
24 March 2010

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

Subordinate Legislation

Negative Instruments

The following instrument was laid before the Parliament on 24 March 2010 and is subject to annulment

The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment (No.2) Regulations 2010 SSI/2010/127

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

Other Documents

The following documents were laid before the Parliament on 18 March 2010 and are not subject to any parliamentary procedure—

Lews Castle College Financial Statements for the year to 31 July 2009 (SG/2010/46)—

Motherwell College Financial Statements for the year ended 31 July 2009 (SG/2010/47)—

Oatridge College Report and Financial Statements for the year ended 31 July 2009 (SG/2010/48)—

Perth College Financial Statements for the year ended 31 July 2009 (SG/2010/49)—

South Lanarkshire College Annual Report and Financial Statements for the 12 months ended 31 July 2009 (SG/2010/50)—

Stevenson College Edinburgh Report and Financial Statements for the year ended 31 July 2009 (SG/2010/51)—

West Lothian College Operating and Financial Review for the year ended 31 July 2009 (SG/2010/52)—

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

Passengers’ View Scotland Annual Report 2008-09 (SG/2010/53)

laid under section 12 of the Public Transport Users’ Committee for Scotland Order 2006 (SSI 2006/250)

Overdraft Guarantee for Scottish Water (SG/2010/54)

laid under section 43(2) of the Water Industry (Scotland) Act 2002

The following documents were laid before the Parliament on 23 March 2010 and are not subject to any parliamentary procedure

CITB – ConstructionSkills Annual Report and Accounts 2009 (SG/2010/56)

laid under section 88(3) of the Scotland Act 1998 and section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

Scottish Government – Donation of H1N1 Vaccine to the World Health Organisation (SG/2010/58)

The following document was laid before the Parliament on 24 March 2010 and is not subject to any Parliamentary procedure

Review of Orthopaedic Services: A report and key messages paper prepared for the Auditor General for Scotland (AGS/20104/)

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

Legislative Consent Memorandums

The following memorandum was lodged on 23 March 2010

Kenny MacAskill MSP: Legislative Consent Memorandum on the Powers of Entry etc. Bill (UK Parliament Legislation) (LCM(S3) 29.1)

Committee Reports

The following Reports were published on 18 March 2010—

Transport, Infrastructure and Climate Change Committee, 3rd Report, 2010 (Session 3): Subordinate Legislation (SP Paper 404)

Economy, Energy and Tourism Committee, 3rd Report 2010 (Session 3): Report on the way forward for Scotland's banking, building society and financial services sector (SP Paper 405)

Subordinate Legislation Committee, 18th Report, 2010 (Session 3): Subordinate Legislation (SPPaper 406)

Subordinate Legislation Committee, 19th Report, 2010 (Session 3): Scottish Parliamentary Commissions and Commissioners etc. Bill (SPPaper 407)

The following reports were published on 24 March 2010—

Justice Committee, 5th Report, 2010 (Session 3): Report on the draft Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2010 (SP Paper 409)

Justice Committee, 6th Report, 2010 (Session 3): Report on the draft International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2010 (SP Paper 410)

Subordinate Legislation Committee, 20th Report, 2010 (Session 3): Public Services Reform (Scotland) Bill as amended at Stage 2 (SPPaper 411)

Subordinate Legislation Committee, 21st Report, 2010 (Session 3): Subordinate Legislation (SPPaper 412)