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Minutes of Proceedings Vol. 4, No. 25 Session 3

Meeting of the Parliament

Wednesday 6 October 2010

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

The meeting opened at 2.00 pm.

1. Time for Reflection: May Nicholson, Preshal Trust led Time for Reflection.

2. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7156—That the Parliament agrees the following revision to the programme of business for Wednesday 6 October 2010—

delete

5.00 pm Decision Time

followed by Members’ Business

and insert

6.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

3. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7149—That the Parliament agrees that, during Stage 3 of the Legal Services (Scotland) Bill, debate on groups of amendments shall, subject to Rule 9.8.4A, be brought to a conclusion by the time limit indicated, that 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 3: 20 minutes
Groups 4 to 7: 55 minutes
Groups 8 to 10: 1 hour 35 minutes
Groups 11 to 14: 2 hours
Groups 15 to 17: 2 hours 20 minutes
Groups 18 to 22: 2 hours 55 minutes.

The motion was agreed to.

4. Legal Services (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, 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, 122, 45, 46D, 46E, 46F, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 129, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 89, 90, 91, 92, 93, 94, 95, 96, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119 and 120.

The following amendments were agreed to (by division)—

121 (For 89, Against 29, Abstentions 0)
8 (For 102, Against 15, Abstentions 0)
135 (For 67, Against 44, Abstentions 0)
145 (For 70, Against 43, Abstentions 0)
97 (For 85, Against 29, Abstentions 0)
152 (For 85, Against 28, Abstentions 0)

The following amendments were disagreed to (by division)—

27A (For 57, Against 62, Abstentions 0)
27B (For 56, Against 62, Abstentions 0)
28A (For 57, Against 62, Abstentions 0)
46A (For 40, Against 76, Abstentions 0)
123 (For 56, Against 61, Abstentions 0)
133 (For 40, Against 69, Abstentions 0)
136 (For 29, Against 82, Abstentions 0)
146 (For 13, Against 100, Abstentions 0)
147 (For 14, Against 100, Abstentions 0)
148 (For 14, Against 100, Abstentions 0)
156 (For 15, Against 99, Abstentions 0)

The following amendments were moved and, with the agreement of the Parliament, withdrawn: 124, 131, 134, 141 and 151.

The following amendments were not moved: 46B, 46C, 125, 127, 128, 130, 132, 137, 138, 139, 142, 143, 144, 149, 150, 153, 154 and 155.

Amendment 88 was pre-empted.

The Presiding Officer and Deputy Presiding Officer extended time limits under Rule 9.8.4A (a) and (c).

5. Legal Services (Scotland) Bill - Stage 3: The Minister for Community Safety (Fergus Ewing) moved S3M-7105—That the Parliament agrees that the Legal Services (Scotland) Bill be passed.

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

6. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7160—That the Parliament agrees the following programme of business—

Wednesday 27 October 2010

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by SPCB Question Time

followed by Ministerial Statement: Literacy Action Plan

followed by Health and Sport Committee Debate: Report on out-of-hours healthcare provision in rural areas

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 28 October 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

Europe, External Affairs and Culture;
Education and Lifelong Learning

2.55 pm Scottish Government Debate: Carers and Young Carers Strategy

followed by Standards, Procedures and Public Appointments Committee Debate: Report on Draft Revised Code of Practice for Ministerial Appointments to Public Bodies

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Wednesday 3 November 2010

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Housing (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 4 November 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

Health and Wellbeing

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. Suspension of Standing Orders: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7162—That the Parliament agrees that, for the purpose of allowing up to 20 minutes to debate motion S3M-7154 on Thursday 7 October 2010, the second and third sentences of Rule 10.6.5 of Standing Orders be suspended.

The motion was agreed to (DT).

8. Designation of Lead Committee: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7161—That the Parliament agrees that the Equal Opportunities Committee be designated as lead Committee in consideration of the Forced Marriages etc. (Protection and Jurisdiction) (Scotland) Bill at Stage 1.

The motion was agreed to (DT).

9. Decision Time: The Parliament took decisions on items 5, 7 and 8 as noted above.

10. Congratulations to BBC Alba: The Parliament debated S3M-6991 in the name of Ted Brocklebank—That the Parliament congratulates the BBC Alba partnership on two years of what it considers to be its groundbreaking achievements in Gaelic broadcasting, including securing exclusive coverage of Scottish football, rugby and national cultural events; believes that BBC Alba has established itself as a cornerstone of public service broadcasting and an important source of commissioning revenue for the independent production sector, and would welcome steps for the widening of the distribution of BBC Alba by licensing its transmission on Freeview, the popular digital television platform, so as to allow full access to it for viewers throughout Scotland.

The meeting closed at 6.41pm.

P E Grice
Clerk of the Parliament
6 October 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 1 October 2010 for approval by resolution—

The Regulation of Investigatory Powers (Scotland) Amendment Order 2010

laid under section 8(5) of the Regulation of Investigatory Powers (Scotland) Act 2000

The Bankruptcy (Certification for Sequestration) (Scotland) Regulations 2010 (SSI 2010/draft)

laid under section 72(2) of the Bankruptcy (Scotland) Act 1985

The draft Bankruptcy (Certification for Sequestration) (Scotland) Regulations 2010, laid before the Parliament on 29 September 2010, has been withdrawn.

The following instrument was laid in draft before the Parliament on 5 October 2010 for approval by resolution—

The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010

laid under section 100(4) of the Protection of Vulnerable Groups (Scotland) Act 2007

Negative Instruments

The following instrument was laid before the Parliament on 30 September 2010 and is subject to annulment—

The Protection of Vulnerable Groups (Scotland) Act 2007 (Corresponding Disqualifications) Order 2010 (SSI 2010/346)

laid under section 100(3) of the Protection of Vulnerable Groups (Scotland) Act 2007

The following instrument was laid before the Parliament on 1 October 2010 and is subject to annulment—

The Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010 (SSI 2010/350)

laid under section 28(3) of the Regulation of Investigatory Powers (Scotland) Act 2000

Other Documents

The following documents were laid before the Parliament on 30 September 2010 and are not subject to any Parliamentary procedure

NHS Education for Scotland Annual Accounts for the year ended 31st March 2010 (SG/2010/205)—

NHS National Services Scotland Directors’ Report & Accounts & Scottish Financial Returns for the Year to 31 March 2010 (SG/2010/203)—

NHS Scotland The State Hospitals Board for Scotland Annual Report and Accounts for the year ended 31 March 2010 (SG/2010/206)—

Scottish Ambulance Service Annual Accounts and Notes for year ended 31 March 2010 (SG/2010/204)—

The Scottish Government Consolidated Accounts for the year ended 31 March 2010 & A Report by the Auditor General for Scotland on the 2009/2010 Audit of the Scottish Government Consolidated Accounts (SG/2010/160)—

Scottish Qualifications Authority Annual Report and Accounts 2009-10 (SG/2010/179)—

Tayside Health Board Annual Accounts For Year Ended 31 March 2010 (SG/2010/201)—

Western Isles Health Board Annual Accounts for the Year Ended 31 March 2010 (SG/2010/202)—

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

David MacBrayne HR (UK) Limited Directors’ report and financial statements 31 March 2010 (SG/2010/151)—

David MacBrayne Limited Group Annual Report and Consolidated Financial Statements 2009-2010 (SG/2010/148)—

Caledonian Maritime Assets Ltd Annual Report 2010 (SG/2010/154)—

Calmac Ferries Ltd Directors’ report and financial statements 2009-2010 (SG/2010/149)—

Cowal Ferries Limited Directors’ report and financial statements 31 March 2010 (SG/2010/152)—

Northlink Ferries Limited Directors’ report and financial statements 31 March 2010 (SG/2010/150)—

Rathlin Ferries Limited Directors’ report and financial statements 31 March 2010 (SG/2010/153)—

laid under section 8(1) of the Transport (Scotland) Act 1984

The following documents were laid before the Parliament on 1 October 2010 and are not subject to any Parliamentary procedure

Mental Welfare Commission for Scotland Annual Accounts for year ended 31 March 2010 (SG/2010/211)—

National Galleries of Scotland Annual Accounts for year ended 31 March 2010 (SG/2010/186)—

National Waiting Times Centre Board Annual Report and Accounts for year ended 31st March 2010 (SG/2010/208)—

NHS 24 Annual Accounts for year ended 31st March 2010 (SG/2010/207)—

NHS Health Scotland Annual Accounts for year ended 31 March 2010 (SG/2010/210)—

NHS Quality Improvement Scotland Annual Accounts Financial year ended 31 March 2010 (SG/2010/209)—

Scottish Funding Council Annual Report and Accounts 2009-10 (SG/2010/221)—

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

The following documents were laid before the Parliament on 6 October 2010 and are not subject to any Parliamentary procedure

Scottish Government: Local Government Portfolio: Non-Domestic Rating Account 2009-10 (SG/2010/222)—

‘National concessionary travel’ a report prepared for the Auditor General for Scotland (AGS/2010/10)—

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

Her Majesty’s Inspector of Constabulary for Scotland Annual Report 2009/10 (SG/2010/157)

laid under section 33(4) of the Police (Scotland) Act 1967

Committee Reports

The following reports were published on 1 October 2010—

Subordinate Legislation Committee, 47th Report, 2010 (Session 3): Subordinate Legislation (SPPaper 495)

Subordinate Legislation Committee, 48th Report, 2010 (Session 3): Report on Scottish Statutory Instruments laid in 2009 (SPPaper 496)

The following report was published on 5 October 2010—

Public Audit Committee, 7th Report, 2010 (Session 3): Overview of the NHS in Scotland’s performance 2008/09 (SP Paper 494)

The following Report is was published on 6 October 2010—

Transport, Infrastructure and Climate Change Committee, 8th Report, 2010 (Session 3): Subordinate Legislation (SP Paper 498)

The following report is being published on 7 October 2010—

Public Audit Committee, 8th Report, 2010 (Session 3): Progress on Planning for the Delivery of the Commonwealth Games 2014 (SP Paper 497)