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Minutes of Proceedings Vol. 4, No. 13 Session 3

Meeting of the Parliament

Wednesday 23 June 2010

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

The meeting opened at 2.00 pm.

1. Time for Reflection: Frances Hume, Development and Education Officer, Scottish Inter Faith Council led Time for Reflection.

2. Ministerial Statement: The Cabinet Secretary for Finance and Sustainable Growth (John Swinney) made a statement and answered questions on UK Emergency Budget – End Year Flexibility.

3. Housing (Scotland) Bill: The Minister for Housing and Communities (Alex Neil) moved S3M-6513—That the Parliament agrees to the general principles of the Housing (Scotland) Bill.

After debate, the motion was agreed to ((DT) by division: For 96, Against 16, Abstentions 0).

4. Housing (Scotland) Bill: Financial Resolution: The Minister for Housing and Communities (Alex Neil) moved S3M-6056—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Housing (Scotland) Bill, agrees to any expenditure, charge or payment of a kind referred to in Rules 9.12.3(b)(ii) and 9.12.4 of the Parliament’s Standing Orders arising in consequence of the Act.

The motion was agreed to (DT).

5. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-6628—That the Parliament agrees—

(a) the following programme of business—

Wednesday 30 June 2010

9.15 am Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Criminal Justice and Licensing (Scotland) Bill

2.30 pm Continuation of Stage 3 Proceedings: Criminal Justice and Licensing (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 1 July 2010

9.15 am Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Crofting Reform (Scotland) Bill

11.40 am General Question Time

12 noon First Minister’s Question Time

followed by Members’ Business

2.15 pm Themed Question Time

Rural Affairs and the Environment;
Justice and Law Officers

2.55 pm Finance Committee Debate: Budget Strategy Phase Report

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

Wednesday 8 September 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 9 September 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

Finance and Sustainable Growth

2.55 pm Scottish Government Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

and (b) that, for the purposes of Members’ Business on Thursday 1 July 2010, “at the end of First Minister’s Question Time” be substituted for “at the end of the meeting following Decision Time” in Rule 5.6.1(c) of Standing Orders.

The motion was agreed to.

6. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-6629—That the Parliament agrees that the draft Budget (Scotland) Act 2010 Amendment Order 2010 be approved.

The motion was agreed to (DT).

7. Decision Time: The Parliament took decisions on items 3, 4 and 6 as noted above.

8. Penalties on Farmers: The Parliament debated S3M-6312 in the name of Liam McArthur—That the Parliament considers that the tightening of enforcement of cross-compliance rules for farmers, particularly in the Highlands and Islands and elsewhere in Scotland, has resulted in new and higher levels of penalties due to unintentional errors in livestock paperwork and a new interpretation of land eligibility rules governing claims for Single Farm Payment (SFP) or Less Favoured Area Support Scheme (LFASS); considers it unsatisfactory that many farmers and crofters have been left uncertain of how to properly fill out their 2010 application forms for SFP and LFASS in time for the 17 May 2010 deadline because of a lack of clarity in the new interpretation of the land eligibility rules; believes that there is a manifest injustice when anyone is penalised where the interpretation of rules have been changed without proper notice and explanation, and supports the call from NFU Scotland for the introduction of an immediate amnesty on penalties associated with eligibility of land for support scheme purposes and for moves to reduce the impact on farmers and crofters of the tighter interpretation of the rules.

The meeting closed at 5.39 pm.

P E Grice
Clerk of the Parliament
23 June 2010

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

Subordinate Legislation

Affirmative Instruments

The following instruments were laid in draft before the Parliament on 18 June 2010 for approval by resolution—

The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 Modification Order 2010

The Cairngorms National Park Elections (Scotland) Amendment Order 2010

The Loch Lomond and The Trossachs National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2002 Modification Order 2010

laid under section 34(5) of the National Parks (Scotland) Act 2000

The following instrument was laid in draft before the Parliament on 22 June 2010 for approval by resolution

The Scottish Local Government Elections Amendment Order 2010

laid under section 16(5) of the Local Governance (Scotland) Act 2004

Negative Instruments

The following instruments were laid before the Parliament on 18 June 2010 and are subject to annulment—

The Notice to Local Authorities (Scotland) Amendment Regulations 2010 (SSI2010/251)

laid under section 11(6) of the Homelessness etc. (Scotland) Act 2003

The Grampian Joint Fire and Rescue Board (Specified Equipment) (Scotland) Order 2010 (SSI2010/252)

laid under section 88(3) of the Fire (Scotland) Act 2005

The following instrument was laid before the Parliament on 22 June 2010 and is subject to annulment

The Lay Representation in Proceedings relating to Residential Property (Scotland) Order 2010 (SSI2010/264)

laid under section 5F(3) of the Heritable Securities (Scotland) Act 1894 and section 24E(3) of the Conveyancing and Feudal Reform (Scotland) Act 1970

Other Documents

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

Statement to Parliament on Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 Modification Order 2010 (SG/2010/110)—

Statement to Parliament on The Loch Lomond and the Trossachs National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2002 Modification Order 2010 (SG/2010/111)—

laid under section 6(6) of the National Parks (Scotland Act 2000

Cairngorms National Park Boundary – Maps (SG/2010/112)

laid under section 34(5) of the National Parks (Scotland) Act 2000

The following documents were laid before the Parliament on 22 June 2010 and are not subject to any Parliamentary procedure

Scottish Water Annual Report and Accounts 2009/10 (SG/2010/114)

laid under section 56(8) of the Water Industry (Scotland) Act 2000 and section 22(5) of the Public Finance & Accountability (Scotland) Act 2000

Scottish Human Rights Commission Annual Report 2009-2010 (SHRC/2010/1)

laid under section 15(1) of the Scottish Commission for Human Rights Act 2006

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

The Gathering 2009. A report prepared for the Auditor General for Scotland (AGS/2010/06)

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

HM Inspectorate of Education Annual Report and Accounts 2009-10 (SG/2010/16)

Scottish Crime & Drug Enforcement Agency Annual Report 2009-2010 (SG/2010/109)

laid under section 15(4) of the Police, Public Order and Criminal Justice (Scotland) Act 2006

Scottish Public Services Ombudsman: Compendium of Case Reports for June 2010 (SPSO/2010/06)—

Case 200802381: Lanarkshire NHS Board

Case 200802831: Greater Glasgow and Clyde NHS Board

Case 200802989: Greater Glasgow and Clyde NHS Board

Case 200802131: Scottish Ambulance Service

Case 200901758: Lothian NHS Board

Case 200901763: A Dentist, Lothian NHS Board

Case 200901866: Lothian NHS Board

Case 200902581: Lothian NHS Board

Case 200903339: A Dentist, Lothian NHS Board

Case 200903204: Grampian NHS Board

Case 200900221: The Highland Council

Case 200903131: The Highland Council

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

Committee Reports

The following report was published on 21 June 2010

Finance Committee, 5th Report, 2010 (Session 3): Report on the draft Budget (Scotland) Act 2010 Amendment Order 2010 (SP Paper 467)

The following report was published on 22 June 2010

Subordinate Legislation Committee, 37th Report, 2010 (Session 3): Subordinate Legislation (SPPaper 470)

The following document was laid before the Parliament on 23 June 2010 and is not subject to any parliamentary procedure

Audit Scotland Annual Report and Accounts for Year Ended 31 March 2010 and Auditor’s Report Thereon (SP Paper 471)

laid under section 25(6) of the Public Finance and Accountability (Scotland) Act 2000

The following reports were published on 23 June 2010—

European and External relation Committee, 4th Report 2010: Inquiry into the Impact of the Treaty of Lisbon on Scotland (SP Paper 469)

Subordinate Legislation Committee, 38th Report, 2010 (Session 3): Historic Environment (Amendment) (Scotland) Bill (SPPaper 472)

Subordinate Legislation Committee, 39th Report, 2010 (Session 3): Criminal Justice and Licensing (Scotland) Bill as amended at stage 2 (SPPaper 473)