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Minutes of Proceedings Vol. 4, No. 57 Session 3

Meeting of the Parliament

Wednesday 2 March 2011

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

The meeting opened at 1.15 pm.

1. Time for Reflection: Pastor Duncan Strathdee Jr, Dunblane Christian Fellowship led Time for Reflection.

2. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-8038—That the Parliament agrees that, during Stage 3 of the Wildlife and Natural Environment (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: 40 minutes
Groups 4 and 5: 1 hour 25 minutes
Groups 6 to 8: 1 hour 45 minutes
Groups 9 and 10: 2 hours 5 minutes
Groups 11 to 13: 2 hours 35 minutes
Groups 14 and 15: 2 hours 55 minutes.

The motion was agreed to.

3. Epilepsy Awareness Training: The Parliament debated S3M-7361 in the name of Kenneth Gibson—That the Parliament believes that there would be merit in epilepsy training becoming an integral part of the student teacher training course curriculum so that teaching staff are equipped to detect potential seizures in children and young people and can be proactive in providing appropriate support to pupils with epilepsy and agrees that this could boost teacher confidence in handling as many as 7,000 children in Scotland with active epilepsy, enable early detection of seizures in over 800 children each year, provide more tailored learning and emotional support to normalise the condition and reduce classroom stigma for children in North Ayrshire and across Scotland.

4. Wildlife and Natural Environment (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to (without division): 39, 40, 41, 42, 46, 47, 48, 49, 50, 22, 1, 2, 3, 4, 6, 25, 26, 7, 57, 58, 29, 8, 9, 10, 11, 12, 35, 13, 36 and 38.

The following amendments were agreed to (by division)—

14 (For 104, Against 17, Abstentions 0)
16 (For 107, Against 16, Abstentions 0)
20 (For 107, Against 16, Abstentions 0)
23 (For 106, Against 17, Abstentions 1)
24 (For 104, Against 16, Abstentions 1)
60 (For 106, Against 16, Abstentions 0)

The following amendments were disagreed to (by division)—

61 (For 45, Against 78, Abstentions 0)
43 (For 46, Against 76, Abstentions 1)
5 (For 50, Against 72, Abstentions 0)
15 (For 49, Against 74, Abstentions 0)
17 (For 49, Against 75, Abstentions 0)
18 (For 49, Against 75, Abstentions 0)
51 (For 49, Against 74, Abstentions 0)
1A (For 47, Against 75, Abstentions 2)
1B (For 48, Against 75, Abstentions 0)
1C (For 48, Against 75, Abstentions 0)
52 (For 46, Against 73, Abstentions 0)
28 (For 46, Against 75, Abstentions 0)
37 (For 46, Against 75, Abstentions 0)

The following amendments were moved and, with the agreement of the Parliament, withdrawn: 53, 56 and 59.

The following amendments were not moved: 44, 45, 21, 54, 55, 27, 30, 31, 32, 33 and 34.

5. Motion without Notice: Bruce Crawford, on behalf of the Parliamentary Bureau, moved without notice that, under Rule 11.2.4 of Standing Orders, Decision Time will be taken at 7.00 pm.

The motion was agreed to.

6. Wildlife and Natural Environment (Scotland) Bill - Stage 3: The Minister for Environment and Climate Change (Roseanna Cunningham) moved S3M-8020—That the Parliament agrees that the Wildlife and Natural Environment (Scotland) Bill be passed.

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

7. Fuel Duty: The Minister for Transport and Infrastructure (Keith Brown) moved S3M-8032—That the Parliament notes that petrol and diesel prices in Scotland are among the highest in Europe and have reached record levels and that the planned rise in fuel duty by the UK Government in April 2011 could increase prices by a further 4p per litre; recognises that such increases impose an additional burden on households and businesses at a time of rising living costs and could undermine the economic recovery; notes the UK Government's proposal to introduce a 5p-per-litre fuel discount scheme for island communities, and calls on the UK Government to cancel the rise in fuel duty planned for April and implement a fuel duty regulator that would ensure that some of the additional revenue that the UK Government will receive from increased revenues due to recent increases in oil prices is used to reduce fuel duty to help support Scottish households and businesses.

Charlie Gordon moved amendment S3M-8032.1 to motion S3M-8032—

Leave out from "and implement" to end and insert—

"and to reverse the recent VAT increase on fuel".

After debate, the amendment was disagreed to ((DT) by division: For 44, Against 78, Abstentions 0).

The motion was then agreed to ((DT) by division: For 75, Against 3, Abstentions 43).

8. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-8049—That the Parliament agrees the following revision to the programme of business for Thursday 3 March 2011—

delete

9.15 am Parliamentary Bureau Motions

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

and insert

9.10 am Parliamentary Bureau Motions

followed by Debate: 2015 Elections

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

The motion was agreed to.

9. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-8050—That the Parliament agrees—

(a) the following programme of business—

Wednesday 9 March 2011

1.15 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Members’ Business

followed by Ministerial Statement: Scottish Government’s Response to Teaching Scotland’s Future

followed by Finance Committee Debate: Preventative Spending

followed by Standards, Procedures and Public Appointments Committee Debate: Standing Orders - Financial Resolutions

followed by Standards, Procedures and Public Appointments Committee Debate: Standing Orders - Scrutiny of SPCB Supported Bodies

followed by Stage 3 Proceedings: Reservoirs (Scotland) Bill

followed by Legislative Consent Motion: Health and Social Care Bill - UK Legislation

followed by Business Motion

followed by Parliamentary Bureau Motions

7.00 pm Decision Time

Thursday 10 March 2011

9.15 am Parliamentary Bureau Motions

followed by Scottish Liberal Democrat Party Business

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

Europe, External Affairs and Culture;
Education and Lifelong Learning

2.40 pm Legislative Consent Motion: Scotland Bill - UK Legislation

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 16 March 2011

9.15 am Time for Reflection

followed by Parliamentary Bureau Motions

followed by Scottish Government Business

followed by Stage 3 Proceedings: Public Records (Scotland) Bill

followed by Members’ Business

2.35 pm Scottish Government Business

followed by Stage 3 Proceedings: Domestic Abuse (Scotland) Bill

followed by Stage 3 Proceedings: Local Electoral Administration (Scotland) Bill

followed by Stage 3 Proceedings: Certification of Death (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

7.00 pm Decision Time

Thursday 17 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

12.30 pm Members’ Business

2.15 pm Themed Question Time

Health and Wellbeing

2.55 pm Stage 3 Proceedings: Private Rented Housing (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

(b) that, for the purposes of Members’ Business on Wednesday 9 March 2011, "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;

(c) that, for the purposes of Members’ Business on Thursday 10 March 2011, "at the end of First Minister’s Question Time and at the end of the meeting following Decision Time" be substituted for "at the end of the meeting following Decision Time" in Rule 5.6.1(c) of Standing Orders;

(d) that, for the purposes of Members’ Business on Wednesday 16 March 2011, "after Stage 3 Proceedings: Public Records (Scotland) Bill" be substituted for "at the end of the meeting following Decision Time" in Rule 5.6.1(c) of Standing Orders;

(e) that, for the purposes of Members’ Business on Thursday 17 March 2011, "at the end of First Minister’s Question Time and at the end of the meeting following Decision Time" 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.

10. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-8039—That the Parliament agrees that the M8 (Baillieston to Newhouse) Special Road Scheme 2011 (SSI 2011/10) be approved.

After debate, the motion was agreed to ((DT) by division: For 120, Against 2, Abstentions 0).

11. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-8040—That the Parliament agrees that the A8 Trunk Road (Baillieston to Newhouse) Order 2011 (SSI 2011/11) be approved.

After debate, the motion was agreed to ((DT) by division: For 119, Against 2, Abstentions 0).

12. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau moved S3M-8041—That the Parliament agrees that the A725 Trunk Road (Baillieston to Newhouse) Order 2011 (SSI 2011/12) be approved.

After debate, the motion was agreed to ((DT) by division: For 120, Against 2, Abstentions 0).

13. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved—

S3M-8042—That the Parliament agrees that the Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011 (SSI 2011/draft) be approved.

S3M-8043—That the Parliament agrees that the Healthcare Improvement Scotland (Inspections) Regulations 2011 (SSI 2011/draft) be approved.

S3M-8044—That the Parliament agrees that the Public Services Reform (Joint Inspections) (Scotland) Regulations 2011 (SSI 2011/draft) be approved.

S3M-8045—That the Parliament agrees that the Public Services Reform (Social Services Inspections) (Scotland) Regulations 2011 (SSI 2011/draft) be approved.

S3M-8046—That the Parliament agrees that 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 (SSI 2011/draft) be approved.

S3M-8047—That the Parliament agrees that the Muntjac Keeping (Scotland) Order 2011 (SSI 2011/made) be approved.

S3M-8048—That the Parliament agrees that the Tenancy Deposit Schemes (Scotland) Regulations 2011 (SSI 2011/draft) be approved.

The motions were agreed to (DT).

14. Decision Time: The Parliament took decisions on items 5, 6, 9, 10, 11 and 12 as noted above.

The meeting closed at 7.05 pm.

P E Grice
Clerk of the Parliament
2 March 2011

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

Subordinate Legislation

Affirmative Instruments

The following instrument was laid before the Parliament on 2 March 2011 and is subject to approval by resolution

The Local Government Finance (Scotland) Amendment Order 2011 (SSI2011/made)

laid under paragraph 2(3) of Schedule 12 to the Local Government Finance Act 1992

Negative Instruments

The following instruments were laid before the Parliament on 25 February 2011 and are subject to annulment––

The Adoptions with a Foreign Element (Scotland) Amendment Regulations 2011 (SSI 2011/159)

laid under section 117(4) of the Adoption and Children (Scotland) Act 2007

The Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011 (SSI 2011/158)

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

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

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2011 (SSI2011/160)

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

The Advice and Assistance and Legal Aid (Online Applications etc.) (Scotland) Regulations 2011 (SSI2011/161)

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

The Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2011 (SSI2011/162)

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

The Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011 (SSI2011/163)

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

Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court) (Amendment) 2011 (SSI2011/166)

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

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

The National Health Service (Dental Charges) (Scotland) Amendment Regulations 2011 (SSI2011/168)

laid under section 105 of the National Health Service (Scotland) Act 1978 and section 39 of the National Health Service (Primary Care) Act 1997

The Public Services Reform (Scotland) Act 2010 (Health and Social Care) Savings and Transitional Provisions (No. 2) Order 2011 (SSI 2011/169)

laid under section 132 and 133 of the Public Services Reform (Scotland) Act 2010

The Extreme Pornography (Electronic Commerce Directive) (Scotland) Amendment Regulations 2011 (SSI 2011/170)

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

Other Documents

The following documents were laid before the Parliament on 28 February 2011 and are not subject to any Parliamentary procedure––

Aberdeen College Financial Statements for the Year to 31 July 2010 (SG/2011/23)––

The Adam Smith College, Fife, Annual Accounts for the 12 Months Ended 31 July 2010 (SG/2011/24)––

Banff and Buchan College of Further Education Accounts for the Year Ended 31st July 2010 (SG/2011/25––

Barony College Board of Management Report and Financial Statements for the Year Ended 31 July 2010 (SG/2011/26)––

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

Disclosure Scotland – Code of Practice in connection with the use of disclosure information and with the functions of registered persons – 28 February 2011 edition (SG/2011/18)

laid under section 122(1) and (2) of the Police Act 1997

Scotland’s Biodiversity: It’s In Your Hands: Progress Report 2008-2010 (SG/2011/22)

laid under section 2(7) of the Nature Conservation (Scotland) Act 2004

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

Borders College Report and Financial Statements for the Year Ended 31 July 2010 (SG/2011/27)––

Cardonald College Glasgow Annual Report and Financial Statements for the Year Ended 31 July 2010 (SG/2011/28)––

Carnegie College Annual Accounts 2009-10 (SG/2011/29)––

Central College Report and Financial Statements for the Period 31 July 2010 (SG/2011/30)––

Clydebank College Report and Financial Statements for the Year Ended 31 July 2010 (SG/2011/31)––

Coatbridge College Report of the Board of Management and Financial Statements for the Year Ended 31 July 2010 (SG/2011/32)––

Cumbernauld College Report and Financial Statements of the Board of Management Year Ended 31 July 2010 (SG/2011/33)––

Dumfries and Galloway College Report and Financial Statements for the period 1 August 2009 to 31 July 2010 (SG/2011/34)––

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

The following document was laid before the Parliament on 2 March 2011 and is not subject to any Parliamentary procedure

The Local Government Finance (Scotland) Amendment Order 2011: Report by the Scottish Ministers (SG/2011/35)

laid under paragraph 2(3) of Schedule 12 to the Local Government Finance Act 1992

Committee Reports

The following reports were published on 25 February 2011––

Finance Committee, 3rd Report, 2011 (Session 3): The Scottish Variable Rate of Income Tax (SP Paper 596)

Health and Sport Committee, 3rd Report, 2011 (Session 3): Report on Subordinate Legislation (SP Paper 597)

The following reports were published on 1 March 2011

Economy, Energy and Tourism Committee, 2st Report 2011 (Session 3): "a fundamental review of the purpose of an enterprise agency and the success of the recent reforms" (SP Paper 594)

Public Audit Committee, 5th Report, 2011 (Session 3): National concessionary travel (SP Paper 599)

Health and Sport Committee, 4th Report, 2011 (Session 3): Report on the Legislative Consent Memorandum on the Health and Social Care Bill (UK Parliament legislation) - LCM (S3) 33.1 (SP Paper 600)

The following reports were published on 2 March 2011––

Subordinate Legislation Committee, 17th Report, 2011 (Session 3): Domestic Abuse (Scotland) Bill as amended at Stage 2 (SP Paper 601)

Subordinate Legislation Committee, 18th Report, 2011 (Session 3): Subordinate Legislation (SP Paper 602)

Subordinate Legislation Committee, 19th Report, 2011 (Session 3): Subordinate Legislation (SP Paper 603)