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Minutes of Proceedings Vol. 4, No. 51 Session 3

Meeting of the Parliament

Wednesday 2 February 2011

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Janet Fenton, Edinburgh Peace and Justice Resource Centre led Time for Reflection.

2. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7849—That the Parliament agrees that for the purposes of allowing up to 30 minutes to debate motion S3M-7841 on Wednesday 2 February 2011, the second and third sentences of Rule 10.4.4 of Standing Orders be suspended.

The motion was agreed to.

3. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7846—That the Parliament agrees the following revision to the programme of business for Wednesday 2 February 2011—

delete

5.00 pm Decision Time

and insert

5.05 pm Decision Time

The motion was agreed to.

4. Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Bill: The Minister for Housing and Communities (Alex Neil) moved S3M-7820—That the Parliament agrees to the general principles of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Bill.

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

5. Local Electoral Administration (Scotland) Bill: The Minister for Enterprise, Energy and Tourism (Jim Mather) moved S3M-7818—That the Parliament agrees to the general principles of the Local Electoral Administration (Scotland) Bill.

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

6. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7847—That the Parliament agrees the following programme of business—

Wednesday 9 February 2011

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Budget (Scotland) (No.5) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 10 February 2011

9.00 am Parliamentary Bureau Motions

followed by SPCB Motion: Reappointment of the Scottish Public Services Ombudsman

followed by SPCB Motion: Reappointment of the Scottish Parliamentary Standards Commissioner

followed by SPCB Motion: Reappointment of Scotland’s Commissioner for Children and Young People

followed by Scottish Conservative and Unionist 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

2.55 pm Stage 1 Debate: Public Records (Scotland) Bill

followed by Scottish Government Debate: Local Government Finance (Scotland) Order 2011

followed by SPCB Motion: Technical Changes to the Scottish Parliamentary Pensions Act 2009

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 23 February 2011

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

2.05 pm SPCB Question Time

2.20 pm Scottish Government Business

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 24 February 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

Justice and Law Officers;
Rural Affairs and the Environment

followed by Stage 3 Proceedings: Patient Rights (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

7. Business Motions: Bruce Crawford, on behalf of the Parliamentary Bureau, moved—

S3M-7848—That the Parliament agrees that consideration of the Private Rented Housing (Scotland) Bill at Stage 2 be completed by 25 February 2011.

S3M-7850—That the Parliament agrees that consideration of the Damages (Scotland) Bill at Stage 2 be completed by 4 February 2011.

S3M-7851—That the Parliament agrees that consideration of the Domestic Abuse (Scotland) Bill at Stage 2 be completed by 11 February 2011.

S3M-7852—That the Parliament agrees that consideration of the Reservoirs (Scotland) Bill at Stage 2 be completed by 25 February 2011.

The motions were agreed to.

8. Non-Domestic Rates (Levying) (Scotland) (No. 3) Regulations 2010: Mike Rumbles, on behalf of the Parliamentary Bureau, moved S3M-7841—That the Parliament agrees that nothing further be done under the Non-Domestic Rates (Levying) (Scotland) (No.3) Regulations 2010 (SSI 2010/441).

After debate, the motion was agreed to (DT) by division: For 68, Against 46, Abstentions 0).

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

10 .Supporting Local Forums’ Involvement in Delivering Community Care: The Parliament debated S3M-7667 in the name of Rhoda Grant—That recognises the value of supporting local forums’ involvement in delivering community care; notes the research undertaken by the Inverness and Highland community care forums that highlights the vital role that lunch and social clubs play in supporting older people in the Inverness area; believes that these forums provide a vital service in creating and maintaining social networks and alleviating the effects of social isolation; considers that, when funding for the Highland Community Care Forum ceases in June, local forums will be left without any independent support and will not survive, and would therefore welcome an extension to Highland Community Care Forum’s present contract to cover the gap between the old contract and the new and a continuation of support for local forums through the new contract so that they continue to have a part to play in the delivery of future localised community care services and are able to undertake consultations on service provision independent of funders.

The meeting closed at 5.38 pm.

P E Grice
Clerk of the Parliament
2 February 2011

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 28 January 2011 and are subject to approval––

The Proceeds of Crime Act 2002 Amendment (Scotland) Order 2011 (SSI2011/draft)

laid under section 459(6) of the Proceeds of Crime Act 2002

The Waste (Scotland) Regulations 2011 (SSI 2011/draft)

laid under section 2 of the Pollution Prevention and Control Act 1999

The Waste Management Licensing (Scotland) Regulations 2011 (SSI 2011/draft)

laid under section 2 of the Pollution Prevention and Control Act 1999

The Legal Profession and Legal Aid (Scotland) Act 2007 (Modification and Consequential Provisions) Order 2011

laid under section 79(3) of the Legal Profession and Legal Aid (Scotland) Act 2007

The Scottish Charitable Incorporated Organisation (Removal from Register and Dissolution) Regulations 2011 (SSI 2011/draft)

laid under section 103(5) of the Charities and Trustee Investment (Scotland) Act 2005

The following instruments were laid in draft before the Parliament on 31 January 2011 and are subject to approval––

The Equality Act 2010 (Specification of Public Authorities) (Scotland) Order (SSI 2011/draft)

laid under section 210(2) of the Equality Act 2010

The Equality Act 2010 (Statutory Duties) (Scotland) Regulations (SSI2011/draft)

laid under section 210(2) of the Equality Act 2010

The following instruments were laid in draft before the Parliament on 1 February 2011 and are subject to approval––

The Housing Support Grant (Scotland) Order 2011

laid under section 191(9) of the Housing (Scotland) Act 1987

The Children’s Hearings (Scotland) Act 2011 (Consequential Provision) and Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2011

laid under section 204(3) of the Children’s Hearings (Scotland) Act 2011 and section 18(4) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003

The Public Services Reform (General Teaching Council for Scotland) Order 2011

laid under section 25(2)(b)(i) of the Public Services Reform (Scotland) Act 2010

The following instrument was laid before the Parliament on 2 February for approval by resolution

The Muntjac Keeping (Scotland) Order 2011

laid under section 10(1) of the Destructive Imported Animals Act 1932

The following instruments were laid in draft before the Parliament on 2 February 2011 and are subject to approval––

The Marine Licensing Appeals (Scotland) Regulations 2011

laid under section 316(6) of the Marine and Coastal Access Act 2009 and section 165(5) of the Marine (Scotland) Act 2010

The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011

The Marine (Scotland) Act 2010 (Transitional and Consequential Provisions) Order 2011

laid under section 165(5) of the Marine (Scotland) Act 2010

The Cross-Border Mediation (Scotland) Regulations 2011

laid under paragraph 2(2) of Schedule 2 to the European Communities Act 1972

The Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2011

laid under section 23(3)(a) of the Community Care and Health (Scotland) Act 2002

The Fundable Bodies (Royal Conservatoire of Scotland) Order 2011

The Fundable Bodies (University of the Highlands and Islands) Order 2011

laid under section 34(4) of the Further and Higher Education (Scotland) Act 2005

The Renewables Obligation (Scotland) Amendment Order 2011

laid under section 32L(3) of the Electricity Act 1989

The Water Environment (Controlled Activities) (Scotland) Regulations 2011

laid under section 36(6) of the Water Environment and Water Services (Scotland) Act 2003

The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2011

The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011

laid under section 37(2) of the Legal Aid (Scotland) Act 1986

The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential Provisions) Order 2011

laid under section 57(4) of the Interpretation and Legislative Reform (Scotland) Act 2010

The Public Services Reform (Agricultural Holdings) (Scotland) Order 2011

laid under section 25(2)(b)(i) of the Public Services Reform (Scotland) Act 2010

The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011

laid under section 133(2) of the Public Services Reform (Scotland) Act 2010

The Scottish Statutory Instruments Regulations 2011

laid under section 42(4) of the Interpretation and Legislative Reform (Scotland) Act 2010

The Debt Arrangement Scheme (Interest, Fees, Penalties and Other Charges) (Scotland) Regulations 2011

laid under section 62(4) of the Debt Arrangement and Attachment (Scotland) Regulations 2011

The Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011

laid under section 104(2) of the Public Services Reform (Scotland) Act 2010

The Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011, laid before the Parliament on 24 January 2011, has been withdrawn.

Negative Instruments

The following instruments were laid before the Parliament on 28 January 2011 and are subject to annulment––

The Legal Aid and Advice and Assistance (Solicitors’ Travel Fees) (Scotland) Regulations 2011 (SSI 2011/41)

laid under section 37 of the Legal Aid (Scotland) Act 1986

The Teachers’ Superannuation (Scotland) Amendment Regulations 2011 (SSI2011/42)

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

The Scottish Road Works Register (Prescribed Fees) Regulations 2011 (SSI2011/43)

laid under section 163(2) of the New Roads and Street Works Act 1991

The Scottish Charitable Incorporated Organisations Regulations 2011 (SSI2011/44)

laid under section 103(4) of the Charities and Trustee Investment (Scotland) Act 2005

Act of Sederunt (Fees of Sheriff Officers) 2011 (SSI 2011/47)

laid under section 40 of the Sheriff Courts (Scotland) Act 1907

The following instrument was laid before the Parliament on 31 January 2011 and is subject to annulment

The Brucellosis (Scotland) Amendment Order 2011 (SSI 2011/51)

laid under paragraph 2 of schedule 2 to the European Communities Act 1972

The following instruments were laid before the Parliament on 1 February 2011 and are subject to annulment––

The Teachers’ Superannuation (Scotland) Amendment (No. 2) Regulations 2011 (SSI 2011/52)

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

The National Health Service (Superannuation Scheme and Pension Scheme) (Scotland) Amendment Regulations 2011 (SSI 2011/53)

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

The following instruments were laid before the Parliament on 2 February 2011 and are subject to annulment––

The Edinburgh College of Art (Transfer) (Scotland) Order 2011 (SSI 2011/54)

laid under section 60 of the Further and Higher Education (Scotland) Act 1992

The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011 (SSI 2011/55)

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

Other Documents

The following documents were laid before the Parliament on 1 February 2011 and are not subject to any Parliamentary procedure––

The Housing Support Grant Order 2011-2012 Report (SG/2011/9)

laid under sections 191(9) and 192(3) of the Housing (Scotland) Act 1987

Scottish Arts Council Annual Report and Accounts for the period to 30 June 2010 (SG/2010/10)

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

The Public Services Reform (General Teaching Council for Scotland) Order 2011 Explanatory Document (SG/2011/11)

laid under section 22(2)(b)(ii) of the Public Services Reform (Scotland) Act 2010

The following documents were laid before the Parliament on 2 February 2011 and are not subject to any Parliamentary procedure––

The Public Services Reform (Agricultural Holdings) (Scotland) Order 2011: explanatory document (SG/2011/13)

laid under section 25(2)(b) of the Public Services Reform (Scotland) Act 2010

Edinburgh Trams Interim report: A report prepared for the Auditor General for Scotland and the Accounts Commission (AGS/2011/2)

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

Committee Reports

The following reports were published on 2 February 2011––

Subordinate Legislation Committee, 8th Report, 2011 (Session 3): Budget (Scotland) (No.5) Bill (SP Paper 578)

Subordinate Legislation Committee, 9th Report, 2011 (Session 3): Energy Bill (UK Legislation) (SP Paper 579)