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Minutes of Proceedings Vol. 4, No. 59 Session 3

Meeting of the Parliament

Wednesday 9 March 2011

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

The meeting opened at 1.15 pm.

1. Time for Reflection: Fr Willy Slavin, St Peter’s and St Simon’s parishes, Glasgow led Time for Reflection.

2. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-8115—That the Parliament agrees the following revision to the programme of business for Wednesday 9 March 2011—

delete

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

and insert

followed by Standards, Procedures and Public Appointments Committee Debate: Changes to Standing Orders

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

6.15 pm Decision Time

The motion was agreed to.

3. Business Motion: Reservoirs (Scotland) Bill: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-8118—That the Parliament agrees that, during Stage 3 of the Reservoirs (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 6: 15 minutes.

The motion was agreed to.

4. Edinburgh Employment Services Face Funding Cut: The Parliament debated S3M-7806 in the name of Sarah Boyack—That the Parliament notes with surprise and concern the unexpected decision by the Minister for Housing and Communities to cut support for highly-regarded specialist programmes, valued this year at £2.238 million, to the Capital City Partnership; understands that this support assists 3,500 unemployed people per year; notes that this cut will hit what it sees as the most disadvantaged communities in the city, including unemployed school-leavers and priority groups such as people recovering from addiction and homeless people; notes also that it will impact on the Joined Up For Jobs strategy, which, it considers, has a strong record of partner agencies working together for maximum effectiveness; believes that Edinburgh is the only city in Scotland to have suffered such a cut and that there is no justification for singling out one city for this unfair treatment; would welcome, particularly at a time of recession, responsive local services for the unemployed being sustained, and believes that this funding should continue.

5. Ministerial Statement: The Minister for Skills and Lifelong Learning (Angela Constance) made a statement and answered questions on the Scottish Government’s Response to Teaching Scotland’s Future.

6. Report on Preventative Spending: Andrew Welsh, on behalf of the Finance Committee, moved S3M-7994—That the Parliament notes the conclusions and recommendations contained in the Finance Committee’s 1st Report, 2011 (Session 3): Report on preventative spending (SP Paper 555).

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

7. Financial Resolutions and Scrutiny of Revised Financial Memoranda: Gil Paterson, on behalf of the Standards, Procedures and Public Appointments Committee, moved S3M-8080—That the Parliament notes the Standards, Procedures and Public Appointments Committee’s 1st Report 2011 (Session 3), Financial Resolutions and scrutiny of revised Financial Memoranda (SP Paper 565), and agrees that the changes to Standing Orders set out in Annexe A to the report be made with effect from 1 April 2011.

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

8. Scrutiny of SPCB Supported Bodies: Gil Paterson, on behalf of the Standards, Procedures and Public Appointments Committee, moved S3M-8081—That the Parliament notes the Standards, Procedures and Public Appointments Committee’s 2nd Report 2011 (Session 3), Scrutiny of SPCB supported bodies (SP Paper 566), and agrees that the changes to Standing Orders set out in Annexe A to the report be made with effect from 1 April 2011.

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

9. Changes to Standing Orders: Gil Paterson, on behalf of the Standards, Procedures and Public Appointments Committee, moved S3M-8088—That the Parliament agrees that, in giving effect to the standing order rule changes set out in Annexe A of the Standards, Procedures and Public Appointments Committee’s 10th Report 2010 (Session 3), Minor changes to Standing Orders (SP Paper 552), and 2nd Report 2011 (Session 3), Scrutiny of SPCB supported bodies (SP Paper 566), the words “the 2010 Act” be deleted where they first appear in chapter 3A and any other occurrences of the words “the 2010 Act” in that chapter be replaced with “the Scottish Parliamentary Commissions and Commissioners etc. Act 2010.”

The motion was agreed to (DT).

10. Reservoirs (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to (without division): 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20.

11. Reservoirs (Scotland) Bill - Stage 3: The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead) moved S3M-8110—That the Parliament agrees that the Reservoirs (Scotland) Bill be passed.

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

12. Health and Social Care Bill - UK Legislation: The Cabinet Secretary for Health and Wellbeing (Nicola Sturgeon) moved S3M-8063—That the Parliament agrees that the relevant provisions of the Health and Social Care Bill, introduced in the House of Commons on 19 January 2011, in respect of the establishment of the NHS Commissioning Board and GP commissioning consortia, abolition of the Health Protection Agency, duty of co-operation in relation to health protection functions, amendment of the Mental Health Act 1983, the Health and Social Care Information Centre, regulation of healthcare professions and health and social care workers, the National Institute for Health and Clinical Excellence and National Health Service/Health and Social Services contracts, so far as these matters fall within the legislative competence of the Parliament, or alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.

The motion was agreed to (DT).

13. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-8116—That the Parliament agrees—

(a) the following programme of business—

Wednesday 16 March 2011

9.15 am Time for Reflection

followed by Parliamentary Bureau Motions

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

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

followed by Members’ Business

2.35 pm Ministerial Statement: Higher Education Funding

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

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

followed by Ministerial Statement: Report on Proposals and Policies on Climate Change Targets

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

followed by Business Motion

followed by Parliamentary Bureau Motions

6.45 pm Decision Time

Thursday 17 March 2011

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

12.30 pm Members’ Business

2.15 pm Themed Question Time

Health and Wellbeing

followed by Parliamentary Bureau Motions

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

followed by Legislative Consent Motion: Public Bodies Bill - UK Legislation

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Tuesday 22 March 2011

9.15 am Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Bill

followed by Stage 3 Proceedings: Double Jeopardy (Scotland) Bill

12.20 pm General Question Time

12.40 pm First Minister’s Question Time

1.10 pm Motion of Thanks to the Presiding Officer

1.25 pm Decision Time

(b) that, for the purposes of First Minister’s Question Time on Tuesday 22 March 2011, the period for members to lodge questions for selection begins at the completion of First Minister’s Question Time on Thursday 17 March 2011 and ends at 4.00 pm on that day; and

(c) that, for the purposes of General Question Time on Tuesday 22 March 2011, members should (i) submit their names for selection by no later than 12.00 pm on Thursday 10 March 2011 and (ii) lodge their questions by no later than 12.00 pm on Tuesday 15 March 2011.

The motion was agreed to.

14. Referral of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-8117—That the Parliament agrees that the Local Government Finance (Scotland) Amendment Order 2011 be considered by the Parliament.

The motion was agreed to (DT).

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

S3M-8091—That the Parliament agrees that the Antisocial Behaviour Notices (Houses Used for Holiday Purposes) (Scotland) Order 2011 (SSI 2011/draft) be approved.

S3M-8092—That the Parliament agrees that the Budget (Scotland) Act 2010 Amendment Order 2011 (SSI 2011/draft) be approved.

S3M-8093—That the Parliament agrees that the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2011 (SSI 2011/draft) be approved.

S3M-8094—That the Parliament agrees that the Energy Act 2008 (Storage of Carbon Dioxide) (Scotland) Regulations 2011 (SSI 2011/draft) be approved.

S3M-8095—That the Parliament agrees that the Housing Support Grant (Scotland) Order 2011 (SSI 2011/draft) be approved.

S3M-8096—That the Parliament agrees that the Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential Provisions) Order 2011 (SSI 2011/draft) be approved.

S3M-8097—That the Parliament agrees that the Marine (Scotland) Act 2010 (Transitional and Consequential Provisions) Order 2011 (SSI 2011/draft) be approved.

S3M-8098—That the Parliament agrees that the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 (SSI 2011/draft) be approved.

S3M-8099—That the Parliament agrees that the Marine Licensing Appeals (Scotland) Regulations 2011 (SSI 2011/draft) be approved.

S3M-8100—That the Parliament agrees that the Public Services Reform (General Teaching Council for Scotland) Order 2011 (SSI 2011/draft) be approved.

S3M-8101—That the Parliament agrees that the Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (SSI 2011/draft) be approved.

S3M-8102—That the Parliament agrees that the Radioactive Substances Act 1993 Amendment (Scotland) Regulations 2011 (SSI 2011/draft) be approved.

S3M-8103—That the Parliament agrees that the Renewables Obligation (Scotland) Amendment Order 2011 (SSI 2011/draft) be approved.

S3M-8104—That the Parliament agrees that the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011 (SSI 2011/draft) be approved.

S3M-8105—That the Parliament agrees that the Scottish Statutory Instruments Regulations 2011 (SSI 2011/draft) be approved.

S3M-8106—That the Parliament agrees that the Waste (Scotland) Regulations 2011 (SSI 2011/draft) be approved.

S3M-8107—That the Parliament agrees that the Waste Management Licensing (Scotland) Regulations 2011 (SSI 2011/draft) be approved.

S3M-8108—That the Parliament agrees that the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (SSI 2011/draft) be approved.

The motions were agreed to (DT).

16. Decision Time: The Parliament took decisions on items 6, 7, 8, 9, 11, 12, 14 and 15 as noted above.

The meeting closed at 6.18 pm.

P E Grice
Clerk of the Parliament
9 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 9 March 2011 and is subject to approval by resolution

The Local Government Finance (Scotland) Amendment (No. 2) Order 2011 (SSI 2011/made)

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

Negative Instruments

The following instrument was laid before the Parliament on 7 March 2011 and is subject to annulment

The National Health Service Superannuation Scheme (Scotland) Amendment Regulations 2011 (SSI 2011/173)

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

The following instrument was laid before the Parliament on 8 March 2011 and is subject to annulment

The Licensing (Food Hygiene Requirements) (Scotland) (No. 2) Order 2011 (SSI 2011/177)

laid under section 39(4) of the Civic Government (Scotland) Act 1982 and section 50(7) of the Licensing (Scotland) Act 2005 as amended by sections 175 and 186 of the Criminal Justice and Licensing (Scotland) Act 2010

Other Documents

The following documents were laid before the Parliament on 7 March 2011 and are not subject to any Parliamentary procedure––

Scottish information Commissioner Freedom of Information Annual Report 2010 (SG/2011/37)

laid under section 46 of the Freedom of Information (Scotland) Act 2002

Angus College Report and Financial Statements for the Year Ended 31 July 2010 (SG/2011/38)––

Dundee College Report and Financial Statements for the Year Ended 31 July 2010 (SG/2011/39)––

Elmwood College Report and Financial Statements for the Period 31 July 2010 (SG/2011/40)––

Forth Valley College Annual Report and Financial Statements for the Year Ended 31 July 2010 (SG/2011/41)––

Glasgow Metropolitan College Annual Report and Accounts 2009/2010 (SG/2011/43)––

Glasgow College of Nautical Studies Report and Financial Statements for the period 31 July 2010 (SG/2011/42)––

James Watt College Annual Report and Accounts 2009/2010 (SG/2011/44)––

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

The following documents were laid before the Parliament on 8 March 2011 and are not subject to any Parliamentary procedure––

Working capital guarantee for Scottish Water (SG/2011/54)

laid under section 43 of the Water Industry (Scotland) Act 2002

Jewel and Esk College Annual Report and Financial Statements for the Year Ended 31 July 2010 (SG/2011/46)––

John Wheatley College Annual Report and Financial Statements for the Year Ended 31 July 2010 (SG/2011/47)––

Kilmarnock College Board of Management Report and Financial Statements for the Period 31 July 2010 (SG/2011/48)––

Lews Castle College Annual Accounts Year to 31 July 2010 (SG/2011/49)

Reid Kerr College Report and Financial Statements 31 July 2010 (SG/2011/50)––

Edinburgh’s Telford College Report and Financial Statements for the year ended 31 July 2010 (SG/2011/51)––

Langside College Glasgow Year End Accounts and the Report to the Board of Management for the Year Ended 31 July 2010 (SG/2011/52)––

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

The following document was laid before the Parliament on 9 March 2011 and is not subject to any Parliamentary procedure

The Local Government Finance (Scotland) Amendment (No. 2) Order 2011: Report by the Scottish Ministers (SG/2011/55)

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

Committee Reports

The following reports were published on 4 March 2011—

Local Government and Communities Committee, 7th Report, 2011 (Session 3): Subordinate Legislation (SP paper 609)

Health and Sport Committee, 5th Report, 2011 (Session 3): Report on Subordinate Legislation (SP Paper 612)

The following reports were published on 7 March 2011—

Economy, Energy and Tourism Committee, 3rd Report 2011 (Session 3): Report on the draft Renewables Obligation (Scotland) Amendment Order 2011 (SP Paper 610)

Economy, Energy and Tourism Committee, 4th Report 2011 (Session 3): Report on the draft Energy Act 2008 (Storage of Carbon Dioxide) (Scotland) Regulations 2011 (SP Paper 611)

Rural Affairs and Environment Committee, 3rd Report, 2011 (Session 3): Subordinate Legislation (SP Paper 613)

The following reports were published on 9 March 2011––

Subordinate Legislation Committee, 20th Report, 2011 (Session 3): Certification of Death (Scotland) Bill as amended at Stage 2 (SP Paper 614)

Subordinate Legislation Committee, 21st Report, 2011 (Session 3): Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Bill as amended at Stage 2 (SP Paper 615)

Subordinate Legislation Committee, 22nd Report, 2011 (Session 3): Private Rented Housing (Scotland) Bill as amended at Stage 2 (SP Paper 616)

Subordinate Legislation Committee, 23rd Report, 2011 (Session 3): Reservoirs (Scotland) Bill as amended at Stage 2 (SP Paper 617)

Justice Committee, 5th Report, 2011 (Session 3): Subordinate Legislation (SPPaper 619)

Subordinate Legislation Committee, 24th Report, 2011 (Session 3): Subordinate Legislation (SP Paper 621)