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Minutes of Proceedings Vol. 4, No. 27 Session 3

Meeting of the Parliament

Wednesday 27 October 2010

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

The meeting opened at 2.00 pm.

1. Time for Reflection: Laura Hemmati, former member of the Scottish Interfaith Youth Committee, Brussels led Time for Reflection.

2. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7274—That the Parliament agrees—

(a) the following revision to the programme of business for Wednesday 27 October 2010—

delete

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

and insert

followed by Debate on a Government Motion to treat the proposed Criminal Procedure (Legal Assistance, Detention, and Appeals) (Scotland) Bill as an Emergency Bill

followed by Stage 1 Debate: proposed Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill

followed by Financial Resolution: proposed Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill

3.20 pm SPCB Question Time

followed by Ministerial Statement: Literacy Action Plan

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

followed by Parliamentary Bureau Motions

followed by Committee of the Whole Parliament: Stage 2 Proceedings: proposed Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill

followed by Parliamentary Bureau Motions

followed by Stage 3 Debate: proposed Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

6.00 pm Decision Time

followed by Members’ Business

(b) the following revision to the programme of business for Thursday 28 October 2010—

delete

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

and insert

followed by Ministerial Statement: Economic and Social Impact of the Strategic Defence and Security Review

The motion was agreed to.

3. Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill: The Cabinet Secretary for Justice (Kenny MacAskill) moved S3M-7266—That the Parliament agrees that the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill be treated as an Emergency Bill.

After debate, the motion was agreed to.

4. Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill: The Cabinet Secretary for Justice (Kenny MacAskill) moved S3M-7267—That the Parliament agrees to the general principles of the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill.

After debate, the motion was agreed to (by division: For 111, Against 3, Abstentions 0).

5. Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill: Financial Resolution: The Cabinet Secretary for Justice (Kenny MacAskill) moved S3M-7275—That the Parliament , for the purposes of any Act of the Scottish Parliament resulting from the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill, agrees to any expenditure of a kind referred to in Rule 9.12.3(b)(iii) of the Parliament’s Standing Orders arising in consequence of the Act.

After debate, the motion was agreed to.

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

7. Ministerial Statement: The Cabinet Secretary for Education and Lifelong Learning (Michael Russell) made a statement and answered questions on Literacy Action Plan.

8. Report on Draft Revised Code of Practice for Ministerial Appointments to Public Bodies in Scotland: Gil Paterson moved S3M-7212—That the Parliament agrees that the Standards, Procedures and Public Appointments Committee’s 6th Report, 2010 (Session 3): Draft Revised Code of Practice for Ministerial Appointments to Public Bodies in Scotland (SP Paper 491), together with the Official Report of the Parliament’s debate on the report, should form the Parliament’s response to the consultation by the Office of the Commissioner for Public Appointments in Scotland.

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

The meeting was suspended at 4.28 pm.

The meeting re-convened at 6.59 pm.

9. Motion without Notice: Bruce Crawford moved without notice to suspend standing order rule 2.2.5(c) to allow the Parliament to continue beyond 7 pm. The motion was agreed to.

10. Criminal Procedure (Legal Assistance, Detention and Appeals (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

Amendment 1 was agreed to (without division).

11. Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill: The Cabinet Secretary for Justice (Kenny MacAskill) moved S3M-7268—That the Parliament agrees that the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 97, Against 18, Abstentions 0).

12. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7260—That the Parliament agrees the following programme of business—

Wednesday 3 November 2010

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Debate: 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 Labour Party Business

11.40 am General Question Time

12.00 pm First Minister’s Question Time

2.15 pm Themed Question Time

Health and Wellbeing

followed by Stage 1 Debate: Historic Environment (Amendment) (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 10 November 2010

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Alcohol etc. (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 11 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

Rural Affairs and the Environment;
Justice and Law Officers

followed by Scottish Government Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

13. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7261—That the Parliament agrees that the deadline for consideration of the Children’s Hearings (Scotland) Bill at Stage 2 be extended to 5 November 2010.

The motion was agreed to.

14. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7262—That the Parliament agrees that the deadline for consideration of the End of Life Assistance (Scotland) Bill at Stage 1 be extended to 26 November 2010.

The motion was agreed to.

15. Motion without Notice: Bruce Crawford moved without notice that the Parliament consider revised Business Motion S3M-7284. The motion was agreed to.

16. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7284—That the Parliament agrees the following change to the Business programme for Wednesday 27 October 2010—

delete

Members’ Business – S3M-7072 Bill Kidd: Scotland’s Nuclear Weapons-free Zones

The motion was agreed to.

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

S3M-7263—That the Parliament agrees that the Revised Code of Conduct for Councillors for the Ethical Standards in Public Life etc. (Scotland) Act 2000 be approved.

S3M-7264—That the Parliament agrees that the Welfare of Farmed Animals (Scotland) Regulations 2010 be approved.

S3M-7265—That the Parliament agrees that the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2010 be approved.

The motions were agreed to (DT).

18. Decision Time: The Parliament took decisions on items 8, 11 and 17 as noted above.

The meeting closed at 7.52 pm.

P E Grice
Clerk of the Parliament
27 October 2010

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

Section H – New Documents
Subordinate Legislation

Affirmative Instruments

The following instrument was laid in draft before the Parliament on 20 October 2010 and is subject to approval

The Official Statistics (Scotland) Amendment Order 2010

laid under section65(6)(a) of the Statistics and Registration Service Act 2007

The following instrument was laid in draft before the Parliament on 21 October 2010 and is subject to approval

The Budget (Scotland) Act 2010 Amendment (No. 2) Order 2010

laid under section 7(2) of the Budget (Scotland) Act 2010

The following instrument was laid in draft before the Parliament on 25 October 2010 and is subject to approval

The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (SSI2010/370)

laid under section 14(2)(b) of the Convention Rights (Compliance) (Scotland) Act 2001

The following instrument was laid in draft before the Parliament on 26 October 2010 and is subject to approval

The Waste Information (Scotland) Regulations 2010 (SSI2010/draft)

laid under section 96(4) of the Climate Change (Scotland) Act 2009

The following instrument was laid in draft before the Parliament on 27 October 2010 and is subject to approval

The Number of Inner House Judges (Variation) Order 2010 (SSI2010/draft)

laid under section 2(2D) of the Court of Session Act 1988

Negative Instruments

The following instruments were laid before the Parliament on 22 October and are subject to annulment––

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment (No. 2) Regulations 2010 (SSI 2010/366)

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

The Bankruptcy (Scotland) Amendment Regulations 2010 (SSI 2010/367)

laid under section 72(1) of the Bankruptcy (Scotland) Act 1985 and section 62(3) of the Debt Arrangement and Attachment (Scotland) Act 2002

The following instrument was laid before the Parliament on 26 October 2010 and is subject to annulment

The National Health Service (Superannuation Scheme, Pension Scheme, Injury Benefits and Additional Voluntary Contributions) (Scotland) Amendment (No. 2) Regulations 2010 (SSI 2010/369)

laid under section 12(6) of the Superannuation Act 1972

Other Documents

The following document was laid before the Parliament on 18 October 2010 and is not subject to any Parliamentary procedure

Historic Scotland Annual Report and Accounts 2009-10 (SG/2010/187)

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

The following documents were laid before the Parliament on 19 October 2010 and are not subject to any Parliamentary procedure––

National Archives of Scotland Accounts for the year ended 31 March 2010 (SG/2010/217)––

National Museums Scotland Annual Report and Accounts for the year ended 31 March 2010 (SG/2010/234)––

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

The following document was laid before the Parliament on 20 October 2010 and is not subject to any Parliamentary procedure

Scottish Public Services Ombudsman: Compendium of Case Reports for Month 2010 (SPSO/2010/10)
Case 200900692: Tayside NHS Board

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

The following documents were laid before the Parliament on 21 October 2010 and are not subject to any Parliamentary procedure––

Scotland’s Budget Documents: The 2010-11 Autumn Budget Revision to the Budget (Scotland) Act for the year ending 31 March 2011 (SG/2010/230)

The General Teaching Council for Scotland Annual Report & Accounts Year to 31 March 2010 (SG/2010/235)

The following document was laid before the Parliament on 25 October 2010 and is not subject to any Parliamentary procedure

Disclosure Scotland – Annual Report and Accounts 2009-2010 (SG/2010/176)

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

The following document was laid before the Parliament on 26 October 2010 and is not subject to any Parliamentary procedure

The Proceeds of Crime Act 2002 Report of the Appointed Person for Scotland 2009-2010 (SG/2010/233)

laid under section 291 of the Proceeds of Crime Act 2002

The following documents were laid before the Parliament on 27 October 2010 and are not subject to any Parliamentary procedure––

Scottish Children’s Reporter Administrator (SCRA) Annual Report 2009/10 (SG/2010/212)—

Scottish Children’s Reporter Administrator (SCRA) Accounts 2009/10 (SG/2010/215)—

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

Scottish Parliamentary Contributory Pensions Fund Annual Accounts 2009-10 (SG/2010/220)

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

Mental Welfare Commission for Scotland – Our Annual Report 2009-2010 (SG/2010/178)

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

The Scottish Police Services Authority: A main report and key messages summary prepared for the Auditor General for Scotland (AGS/2010/11)

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

Committee Reports

The following reports were published on 26 October 2010­­­­––

Subordinate Legislation Committee, 50th Report, 2010 (Session 3): Property Factors (Scotland) Bill (SPPaper 502)

Subordinate Legislation Committee, 51st Report, 2010 (Session 3): Housing (Scotland) Bill as amended at Stage 2 (SPPaper 504)

The following report was being published on 27 October 2010

Justice Committee, 12th Report, 2010 (Session 3): Stage 1 Report on the Criminal Sentencing (Equity Fines) (Scotland) Bill (SP Paper 503)

For further information on accessing committee reports, please contact either the relevant clerk or webpage (see end of Bulletin for contact details or access the general committee webpage).

http://www.scottish.parliament.uk/business/committees/index.htm