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Minutes of Proceedings Vol. 4, No. 55 Session 3

Meeting of the Parliament

Wednesday 23 February 2011

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

The meeting opened at 2.00 pm.

1. Time for Reflection: Mhairi Wallace, Attached Reader to Kirkcudbright Parish Church led Time for Reflection.

2. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7984—That the Parliament agrees the following revision to the programme of business for Wednesday 23 February 2011—

delete

2.20 pm Equal Opportunities Committee Debate: Inquiry into Migration and Trafficking

followed by Public Petitions Committee Debate: Work of the Public Petitions Committee

followed by Legislative Consent Motion: UK Energy Bill – UK Legislation

and insert

2.20 pm Ministerial Statement: Cadder

followed by Public Petitions Committee Debate: Work of the Public Petitions Committee

followed by Equal Opportunities Committee Debate: Inquiry into Migration and Trafficking

followed by Legislative Consent Motion: Energy Bill – UK Legislation

The motion was agreed to.

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

4. Ministerial Statement: The Cabinet Secretary for Justice (Kenny MacAskill) made a statement and answered questions on Cadder.

5. The Work of the Public Petitions Committee: Rhona Brankin, on behalf of the Public Petitions Committee, moved S3M-7968—That the Parliament notes the continued evolution of its public petitions process; applauds the work of petitioners who have engaged with their parliament through this process by highlighting issues of concern and importance that led to examination by the Public Petitions Committee and key policy makers; believes the process to be a positive demonstration of the Parliament’s founding principles, and supports the work of the committee and petitioners in bringing further improvements to the policies that affect the day-to-day lives of the people of Scotland.

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

6. Report on Migration and Trafficking: Margaret Mitchell, on behalf of the Equal Opportunities Committee, moved S3M-7950—That the Parliament notes the conclusions and recommendations contained in the Equal Opportunities Committee’s 5th Report 2010 (Session 3): Inquiry into Migration and Trafficking (SP Paper 543).

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

7. Energy Bill - UK Legislation: The Minister for Housing and Communities (Alex Neil) moved S3M-7945—That the Parliament agrees that the relevant provisions of the Energy Bill introduced in the House of Lords on 8 December 2010 relating to the creation of powers to develop a new Green Deal for energy efficiency measures, the repeal of the Home Energy Conservation Act 1995, enabling the Coal Authority to charge for services and to implement additional measures to make improvements to regulatory frameworks for the energy markets, so far as these matters fall within the legislative competence of the Scottish Parliament, or alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.

After debate, the motion was agreed to (DT) by division: For 70, Against 42, Abstentions 0).

8. Business Motion: Paul Martin, on behalf of the Parliamentary Bureau, moved S3M-7983—That the Parliament agrees—

(a) the following programme of business—

Wednesday 2 March 2011

1.15 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Members’ Business

followed by Stage 3 Proceedings: Wildlife and Natural Environment (Scotland) Bill

followed by Scottish Government Debate: Fuel Duty

followed by Business Motion

followed by Parliamentary Bureau Motions

8.00 pm Decision Time

Thursday 3 March 2011

9.15 am Parliamentary Bureau Motions

followed by Public Audit Committee Debate: Session 3 reports of the Public Audit Committee - key themes

11.40 am General Question Time

12.00 pm First Minister’s Question Time

12.30 pm Members’ Business

2.00 pm Themed Question Time

Finance and Sustainable Growth

2.40 pm Stage 3 Proceedings: Damages (Scotland) Bill

followed by Stage 3 Proceedings: Property Factors (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 9 March 2011

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Private Rented Housing (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 10 March 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

Europe, External Affairs and Culture;
Education and Lifelong Learning

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 Wednesday 2 March, “after Time for Reflection and Parliamentary Bureau Motions” 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.

9. Business Motion: Paul Martin, on behalf of the Parliamentary Bureau, moved S3M-7985—That the Parliament agrees that consideration of the Public Records (Scotland) Bill at Stage 2 be completed by 4 March 2011.

The motion was agreed to.

10. Approval of SSIs: Paul Martin, on behalf of the Parliamentary Bureau, moved—

S3M-7987—That the Parliament agrees that the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) (No.2) Order 2011 (SSI 2011/draft) be approved.

S3M-7988—That the Parliament agrees that the Retention of Samples etc. (Children’s Hearings) (Scotland) Order 2011 (SSI 2011/draft) be approved.

S3M-7989—That the Parliament agrees that the Scottish Public Services Ombudsman Act 2002 Amendment Order 2011 (SSI 2011/draft) be approved.

After debate, the motions were agreed to (DT).

11. Suspension of Standing Orders: Paul Martin, on behalf of the Parliamentary Bureau, moved S3M-7986—That the Parliament agrees that Rule 9.5.3A of Standing Orders be suspended for the purpose of Stage 2 consideration of the Public Records (Scotland) Bill.

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

12. Decision Time: The Parliament took decisions on items 5, 6, 7, 10 and 11 as noted above.

13. Proposed Waste Incineration Plant at Loganswell: The Parliament debated S3M-7759 in the name of Jackson Carlaw—That the Parliament expresses its concern in respect of the proposal to establish a waste incineration plant at Loganswell near Newton Mearns in Eastwood covering some 29 hectares and which is anticipated to burn some 1.5 million tonnes of raw waste a year, a proposal which would arguably turn Eastwood into the ashtray of the west of Scotland; further notes the evidence of Duncan McLaren of Friends of the Earth Scotland who advised the Transport Infrastructure and Climate Change Committee on 23 November 2010 that it “would be insane to build Europe’s largest incinerator in East Renfrewshire”; believes that further consideration of this project is needed, and expresses its support for the wider local community, which it considers is resolutely opposed to this proposed development.

The meeting closed at 6.46 pm.

P E Grice
Clerk of the Parliament
23 February 2011

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

Subordinate Legislation

Negative Instruments

The following instruments were laid before the Parliament on 14 February 2011 and are subject to annulment––

The Personal Injuries (NHS Charges) (Amounts) (Scotland) Amendment Regulations 2011 (SSI 2011/71)

laid under section 195 of the Health and Social Care (Community Health and Standards) Act 2003

The Marine Licensing (Fees) (Scotland) Regulations 2011 (SSI 2011/78)

laid under section 316(8) of the Marine and Coastal Access Act 2009 and section 165(4) of the Marine (Scotland) Act 2010

The Marine Licensing (Consultees) (Scotland) Order 2011 (SSI 2011/79)

laid under section 165(4) of the Marine (Scotland) Act 2010

The Marine Licensing (Register of Licensing Information) (Scotland) Regulations 2011 (SSI 2011/80)

laid under section 316(8) of the Marine and Coastal Access Act 2009 and section 165(4) of the Marine (Scotland) Act 2010

The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (SSI 2011/85)

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

The Interpretation and Legislative Reform (Scotland) Act 2010 (Savings and Transitional Provisions) Order 2011 (SSI 2011/88)

laid under section 57(5) of the Interpretation and Legislative Reform (Scotland) Act 2010

The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2011 (SSI 2011/89)

laid under section 21(7) of the Chronically Sick and Disabled Persons Act 1970

The Officers of Court’s Professional Association (Scotland) Regulations 2011 (SSI 2011/90)

laid under section 224(3) of the Bankruptcy and Diligence etc. (Scotland) Act 2007

The Road Works (Inspection Fees) (Scotland) Amendment Regulations 2011 (SSI 2011/91)

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

The Road Works (Fixed Penalty) (Scotland) Amendment Regulations 2011 (SSI2011/92)

laid under section 163(1) and (2) of the New Roads and Street Works Act 1991

The Official Feed and Food Controls (Scotland) Amendment Regulations 2011 (SSI 2011/93)

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

The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2011 (SSI 2011/94)

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

The Food (Jelly Mini-Cups) (Emergency Control) (Scotland) Revocation Regulations 2011 (SSI 2011/95)

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

The Roads (Scotland) Act 1984 (Fixed Penalty) Amendment Regulations 2011 (SSI 2011/98)

laid under section 143(1) and (2)(a) of the Roads (Scotland) Act 1984

The Food Additives (Scotland) Amendment Regulations 2011 (SSI 2011/99)

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

The Plastic Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2011 (SSI 2011/100)

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

The following instruments were laid before the Parliament on 15 February 2011 and are subject to annulment––

The Additional Support for Learning (Sources of Information) (Scotland) Amendment Order 2011 (SSI 2011/102)—

The Additional Support Needs Tribunals for Scotland (Appointment of President, Conveners and Members and Disqualification) Amendment Regulations 2011 (SSI 2011/103)—

laid under section 34(4) of the Education (Additional Support for Learning) (Scotland) Act 2004

The Additional Support Needs Tribunals for Scotland (Disability Claims Procedure) Rules 2011 (SSI 2011/104)—

The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Amendment Rules 2011 (SSI 2011/105)—

laid under section 210(5) of the Equality Act 2010 and section 34(2) of the Education (Additional Support for Learning) (Scotland) Act 2004

The following instrument was laid before the Parliament on 16 February 2011 and is subject to annulment

The CRC Energy Efficiency Scheme (Amendment) Order 2011 (SI 2011/234)

laid under section 48(5) and paragraph 9 of Schedule 3 of the Climate Change Act 2008

The following instruments were laid before the Parliament on 17 February 2011 and are subject to annulment––

The Healthy Start Scheme (Prescribed Description of Food) (Scotland) Regulations 2011 (SSI 2011/101)

laid under sections 15A(2) of the Social Security Act 1988 and section 176 of the Social Security Contributions and Benefits Act 1992

The Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2011 (SSI 2011/106)

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

The Individual Learning Account (Scotland) Regulations 2011 (SSI 2011/107)

laid under section 3 of the Education and Training (Scotland) Act 2000

The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies and Stipulated Time Limit) and the Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2011 (SSI 2011/113)

laid under section 72(2)(a) of the Freedom of Information (Scotland) Act 2002 and section 3(4) and 28(5) of the Ethical Standards in Public Life etc. (Scotland) Act 2000

The National Health Service Superannuation Scheme (Scotland) Regulations 2011 (SSI 2011/117)

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

The following instruments were laid before the Parliament on 21 February 2011 and are subject to annulment––

The Electricity Act 1989 (Requirement of Consent for Hydro-electric Generating Stations) (Scotland) Revocation Order 2011 (SSI 2011/115)

laid under section 106 of the Electricity Act 1989

The Environmental Liability (Scotland) Amendment Regulations 2011 (SSI2011/116)

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

The British Waterways Board (Forth and Clyde and Union Canals) (Reclassification) Order 2011 (SSI2011/118)

laid under section 104(4) of the Transport Act 1968

The Provision of Water and Sewerage Services (Reasonable Cost) (Scotland) Regulations 2011 (SSI2011/119)

laid under section 1(6) of the Sewerage (Scotland) Act 1968 and section 101(2) of the Water (Scotland) Act 1980

The Building (Scotland) Amendment Regulations 2011 (SSI2011/120)

laid under section 54(5) of the Building (Scotland) Act 2003

The Edinburgh Tram (Line One) Act 2006 (Extension of Time for Land Acquisition) Order 2011 (SSI2011/126)

laid under section 83(3) of the Edinburgh Tram (Line One) Act 2006

The Edinburgh Tram (Line Two) Act 2006 (Extension of Time for Land Acquisition) Order 2011 (SSI2011/127)

laid under section 82(3) of the Edinburgh Tram (Line Two) Act 2006

The Licensing (Food Hygiene Requirements) (Scotland) Order 2011 (SSI2011/128)

laid under section 146 of the Licensing (Scotland) Act 2005 and section 39 of the Civic Government (Scotland) Act 1982

The Sale and Hire of Crossbows, Knives and certain other Articles to Children and Young Persons (Scotland) Order 2011 (SSI2011/129)

laid under section 1A(4) of the Crossbows Act 1987 and section 201(1) and (3) of the Criminal Justice and Licensing (Scotland) Act 2010

The Licensing (Local Licensing Forum) (Scotland) Order 2011 (SSI2011/130)

laid under section 146 of the Licensing (Scotland) Act 2005

The following instruments were laid before the Parliament on 22 February 2011 and are subject to annulment––

The Public Services Reform (Scotland) Act 2010 (Health and Social Care) Savings and Transitional Provisions Order (SSI 2011/121)—

The Public Services Reform (Scotland) Act 2010 Social Care and Social Work Improvement Scotland (Transfer of Staff) Order 2011 (SSI 2011/125)—

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

The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2011 (SSI2011/123)—

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2011 (SSI2011/124)—

laid under section 63 of the National Assistance Act 1948

The Insolvency Act 1986 Amendment (Appointment of Receivers) (Scotland) Regulations 2011 (SSI 2011/140)

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

The Debt Arrangement Scheme (Scotland) Regulations 2011 (SSI 2011/141)

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

The Bankruptcy Fees (Scotland) Amendment Regulations 2011 (SSI2011/142)

laid under section 72(1) of the Bankruptcy (Scotland) Act 1985

The following instruments were laid before the Parliament on 23 February 2011 and are subject to annulment––

The Sale of Tobacco (Display of Warning Statements) (Scotland) Regulations 2011 (SSI 2011/132)

laid under section 40(3) of the Tobacco and Primary Medical Services (Scotland) Act 2010

The Parole Board (Scotland) Amendment Rules 2011 (SSI 2011/133)

laid under section 45(2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993

The Advice and Assistance and Civil Legal Aid (Special Urgency and Property Recovered or Preserved) (Scotland) Regulations 2011 (SSI 2011/134)

laid under section 37(1) of the Legal Aid (Scotland) Act 1986

The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2011 (SSI2011/135)

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

The Town and Country Planning (General Permitted Development) (Non-Domestic Microgeneration) (Scotland) Amendment Order 2011 (SSI2011/136)—

The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2011 (SSI 2011/138)—

The Town and Country Planning (Marine Fish Farming) (Scotland) Amendment Regulations 2011 (SSI 2011/145)—

laid under section 275 of the Town and Country Planning (Scotland) Act 1997

The Extreme Pornography (Electronic Commerce Directive) (Scotland) Regulations 2011 (SSI 2011/137)

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

The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (SSI 2011/139)

laid under section 275 of the Town and Country Planning (Scotland) Act 1997, paragraph 2(2) of schedule 2 to the European Communities Act 1972 and section 56 of the Finance Act 1973

The Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011 (SSI 2011/146)

laid under section 201 of the Criminal Justice and Licensing (Scotland) Act 2010

The Radioactive Substances Exemption (Scotland) Order 2011 (SSI2011/147)

laid under section 44(4) of the Radioactive Substances Act 1993

The Police Grant (Carry-forward Percentages) (Scotland) Order 2011 (SSI2011/148)

laid under sections 19(3E), 32(10H) and 48(2) of the Police (Scotland) Act 1967

The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2011 (SSI 2011/150)—

The Licensing (Minor Variations) (Scotland) Regulations 2011 (SSI2011/151)—

laid under section 146(4) of the Licensing (Scotland) Act 2005

Other Documents

The following documents were laid before the Parliament on 15 February 2011 and are not subject to any Parliamentary procedure––

Treasure Trove in Scotland Report by Queen’s and Lord Treasurer’s Rembrancer 2009/2010 (SG/2011/19)––

Scottish Advisory Committee on Distinction Awards Annual Report November 2010 (SG/2011/20)––

Maintaining Scotland’s Roads: a follow-up report: prepared for the Auditor General for Scotland and the Accounts Commission (AGS/2011/4)––

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

The following documents were laid before the Parliament on 16 February 2011 and are not subject to any Parliamentary procedure––

Food from Britain Annual Report and Accounts 2009-10 (SG/2011/1)

laid under section 5(7) of the Agricultural Marketing Act 1983

Scottish Public Services Ombudsman: Compendium of Case Reports for February 2011 (SPSO/2011/02) —

Case 200900775: Tayside NHS Board

Case 201001566: Grampian NHS Board

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

Committee Reports

The following report was published on 22 February 2011

Public Audit Committee, 3rd Report, 2011 (Session 3): Getting it right for children in residential care (SP Paper 586)

The following reports were published on 23 February 2011­­­­––

Transport, Infrastructure and Climate Change Committee, 1st Report, 2011 (Session 3): Subordinate Legislation (SP Paper 587)

Subordinate Legislation Committee, 12th Report, 2011 (Session 3): Wildlife and Natural Environment (Scotland) Bill as amended at Stage 2 (SP Paper 588)

Subordinate Legislation Committee, 13th Report, 2011 (Session 3): Damages (Scotland) Bill as amended at Stage 2 (SP Paper 589)

Subordinate Legislation Committee, 14th Report, 2011 (Session 3): Patient Rights (Scotland) Bill as amended at Stage 2 (SP Paper 590)

Justice Committee, 4th Report, 2011 (Session 3): The draft Retention of Samples (Children’s Hearings) (Scotland) Order 2011 (SPPaper 591)

Subordinate Legislation Committee, 15th Report, 2011 (Session 3): Property Factors (Scotland) Bill as amended at Stage 2 (SP Paper 592)