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Minutes of Proceedings Vol. 4, No. 41 Session 3

Meeting of the Parliament

Wednesday 15 December 2010

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

The meeting opened at 2.00 pm.

1. Time for Reflection: Canon Ian Paton, Old St Pauls Episcopal Church, Edinburgh led Time for Reflection.

2. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7606—That the Parliament agrees the following revisions to the programme of business for Wednesday 15 December 2010—

(a) after

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

insert

followed by Scottish Government Debate: Ministerial Appointment

(b) delete

5.00 pm Decision Time

and insert

5.20 pm Decision Time

The motion was agreed to.

3. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7600—That the Parliament agrees that, during Stage 3 of the Forth Crossing Bill, debate on groups of amendments shall, subject to Rule 9C.12.5, 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 and 2: 25 minutes

Groups 3 and 4: 35 minutes.

The motion was agreed to.

4. Appointment of Junior Scottish Minister: The First Minister (Alex Salmond) moved S3M-7603—That the Parliament agrees that Angela Constance be appointed as a junior Scottish Minister.

After debate, the motion was agreed to.

5. Damages (Scotland) Bill: Bill Butler moved S3M-7566—That the Parliament agrees to the general principles of the Damages (Scotland) Bill.

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

6. Forth Crossing Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 4 and 1.

The following amendments were disagreed to (by division)—

2 (For 13, Against 93, Abstentions 0)

3 (For 14, Against 94, Abstentions 0)

Amendment 5 was moved and, with the agreement of the Parliament, withdrawn.

The Deputy Presiding Officer extended time limits under Rule 9C.12.5(c).

7. Forth Crossing Bill - Stage 3: The Minister for Transport and Infrastructure (Keith Brown) moved S3M-7593—That the Parliament agrees that the Forth Crossing Bill be passed.

After debate, the motion was agreed to (DT) by division: For 108, Against 3, Abstentions 0).

8. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7598—That the Parliament agrees the following programme of business—

Wednesday 22 December 2010

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Equal Opportunities Committee Debate: Report on post-legislative scrutiny: the Mental Health (Care and Treatment) (Scotland) Act 2003

followed by Stage One Debate: Protection of Workers (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 23 December 2010

9.15 am Parliamentary Bureau Motions

followed by Scottish Government Debate: Violence against Women

11.00 am Themed Question Time

Europe, External Affairs and Culture;
Education and Lifelong Learning

11.40 am General Question Time

12.00 pm First Minister’s Question Time

12.30 pm Decision Time

Wednesday 12 January 2011

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 13 January 2011

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.

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

10. Retention of RAF Leuchars: The Parliament debated S3M-7530 in the name of Ted Brocklebank—That the Parliament considers that RAF Leuchars plays an essential role in the defence of the United Kingdom; commends the professionalism and dedication of military personnel who have served or serve there; considers that those who have been deployed from Leuchars on active service have given exemplary service since the First World War; believes that the case for RAF Leuchars remaining as one of the United Kingdom’s two main fighter strike bases is overwhelming as it has a pivotal strategic position on the east coast and is adjacent to Scotland’s major population centres; understands, however, that any considerations on how the United Kingdom’s air defences are deployed and where aircraft should be based must be made on strategic grounds, and believes that the Secretary of State for Defence must make his decision on that basis.

The meeting closed at 5.57 pm.

P E Grice
Clerk of the Parliament
15 December 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 9 December 2010 and is subject to approval

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2011 (SSI 2010/draft)

laid under section 50(5)(b) of the Crime (International Co-operation) Act 2003

Negative Instruments

The following instruments were laid before the Parliament on 9 December 2010 and are subject to annulment—

The Non-Domestic Rates (Levying) (Scotland) (No. 2) Regulations 2010 (SSI2010/440)––

The Non-Domestic Rates (Levying) (Scotland) (No. 3) Regulations 2010 (SSI2010/441)––

laid under section 153(6) of the Local Government etc.(Scotland) Act 1994

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

The Regulation of Care (Social Service Workers) (Scotland) Amendment Order 2010 (SSI 2010/442)––

The Regulation of Care (Fitness of Employees in Relation to Care Services (Scotland) (No. 2) Amendment Regulations 2010 (SSI 2010/443)––

laid under section 78 of the Regulation of Care (Scotland) Act 2001

The Flavourings in Food (Scotland) Regulations 2010 (SSI 2010/439)

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

Other Documents

The following document was laid before the Parliament on 10 December 2010 and is not subject to any Parliamentary procedure

Scottish Road Works Commissioner Annual Accounts for 2009-10 (SG/2010/262)

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

The following documents were laid before the Parliament on 15 December 2010 and are not subject to any Parliamentary procedure––

The Parole Board for Scotland Annual Report 2009-10 (SG/2010/250)

laid under paragraph 5 of schedule 1 to the Prisons (Scotland) Act 1989 & paragraph 6 of schedule 2 to the Prisoners and Criminal Proceedings (Scotland) Act 1993

Scottish Ministers’ Code of Practice on the Discharge of Functions by Scottish Public Authorities under the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004 (SG/2010/257)

laid under section 60(5) of the Freedom of Information (Scotland) Act 2002 and regulation 18(4) of the Environmental Information (Scotland) Regulations 2004

Financial overview of the NHS in Scotland 2009/10: prepared for the Auditor General for Scotland (AGS/2010/13)

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

Legislative Consent Memorandums

The following memorandum was lodged on 13 December 2010

Nicola Sturgeon MSP: Legislative Consent Memorandum on the Energy Bill (UK Parliament legislation) (LCM(S3) 31.1)

Committee Reports

The following report was published on 14 December 2010

Equal Opportunities Committee, 5th Report, 2010 (Session 3): Report on Inquiry into Migration and Trafficking (SP Paper 543)

The following reports were published on 15 December 2010––

Subordinate Legislation Committee, 70th Report, 2010 (Session 3): Subordinate Legislation (SPPaper 545)

Subordinate Legislation Committee, 71st Report, 2010 (Session 3): Double Jeopardy (Scotland) Bill (SP Paper 546)