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Minutes of Proceedings Vol. 4, No. 61 Session 3

Meeting of the Parliament

Wednesday 16 March 2011

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

The meeting opened at 9.15 am.

1. Time for Reflection: Rev Tom Nelson, Netherlee Parish Church, Glasgow led Time for Reflection.

2. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-8161—That the Parliament agrees—

(a) the following revision to the programme of business for Wednesday 16 March 2011—

delete

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

and insert

9.15 am Time for Reflection

followed by Parliamentary Bureau Motions

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

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

followed by Scottish Government Debate: Local Government Finance (Scotland) Amendment Order 2011 and Local Government Finance (Scotland) Amendment (No. 2) Order 2011

followed by SPCB Motion: Reimbursement of Members’ Expenses Scheme

followed by Business Motion

followed by Parliamentary Bureau Motions

5.25 pm Decision Time

and (b) the following revision to the programme of business for Thursday 17 March 2011—

delete

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

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

and insert

followed by Legislative Consent Motion: Education Bill – UK Legislation

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

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

3. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-8162—That the Parliament agrees that the Local Government Finance (Scotland) Amendment (No. 2) Order 2011 be considered by the Parliament.

The motion was agreed to.

4. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-8176—That the Parliament agrees that, during Stage 3 of the Domestic Abuse (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 and 2: 20 minutes.

The motion was agreed to.

5. Local Electoral Administration (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

Amendment 1 was agreed to (without division).

6. Local Electoral Administration (Scotland) Bill: The Minister for Energy, Enterprise and Tourism (Jim Mather) moved S3M-8127—That the Parliament agrees that the Local Electoral Administration (Scotland) Bill be passed.

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

7. Certification of Death (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 1, 2, 3, 4, 5 and 6.

Amendment 7 was moved and, with the agreement of the Parliament, withdrawn.

8. Certification of Death (Scotland) Bill - Stage 3: The Minister for Public Health and Sport (Shona Robison) moved S3M-8126—That the Parliament agrees that the Certification of Death (Scotland) Bill be passed.

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

9. Public Records (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to (without division): 1, 2, 3, 4, and 5.

10. Public Records (Scotland) Bill - Stage 3: The Minister for Culture and External Affairs (Fiona Hyslop) moved S3M-8129—That the Parliament agrees that the Public Records (Scotland) Bill be passed.

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

11. Denny Town Centre Regeneration: The Parliament debated S3M-7682 in the name of Michael Matheson—That the Parliament considers that there is widespread dissatisfaction among residents in the Denny and Dunipace area regarding the planned Denny town centre regeneration; believes that Denny town centre is in desperate need of regeneration, and would welcome regeneration plans that carry widespread support in the local community.

12. Ministerial Statement: The Cabinet Secretary for Education and Lifelong Learning (Michael Russell) made a statement and answered questions on Higher Education Funding.

13. Domestic Abuse (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to (without division): 1, 2, 3 and 4.

14. Domestic Abuse (Scotland) Bill - Stage 3: Rhoda Grant moved S3M-8136—That the Parliament agrees that the Domestic Abuse (Scotland) Bill be passed.

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

15. Ministerial Statement: The Minister for Environment and Climate Change (Roseanna Cunningham) made a statement and answered questions on Report on Proposals and Policies on Climate Change Targets.

16. The Local Government Finance (Scotland) Amendment Order 2011: The Cabinet Secretary for Finance and Sustainable Growth (John Swinney) moved S3M-8130—That the Parliament agrees that the Local Government Finance (Scotland) Amendment Order 2011 be approved.

After debate, the motion was agreed to ((DT) by division: For 102, Against 0, Abstentions 15).

17. The Local Government Finance (Scotland) Amendment (No. 2) Order 2011: The Cabinet Secretary for Finance and Sustainable Growth (John Swinney) moved S3M-8140—That the Parliament agrees that the Local Government Finance (Scotland) Amendment (No. 2) Order 2011 be approved.

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

18. Reimbursement of Members’ Expenses Scheme Resolution: Tom McCabe, on behalf of the Scottish Parliamentary Corporate Body, moved S3M-8179—That the Parliament , in exercise of the powers conferred by section 81(2) and 83(5) of the Scotland Act 1998 determines that for the period 1 April 2011 to 31 March 2013 paragraph 1.2.4 of the Reimbursement of Members’ Expenses Scheme agreed to by resolution of the Parliament on 12 June 2008 ("the Resolution"), (as amended by resolution of the Parliament on 24 March 2010) and annexed as Annex 1 to the Resolution shall not have effect.

The motion was agreed to (DT).

19. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-8167—That the Parliament agrees that the Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2011 (SSI 2011/draft) be approved.

The motion was agreed to (DT).

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

S3M-8163—That the Parliament agrees that the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2011 (SSI 2011/draft) be approved.

S3M-8164—That the Parliament agrees that the Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011 (SSI 2011/draft) be approved.

S3M-8165—That the Parliament agrees that the Cross-Border Mediation (Scotland) Regulations 2011 (SSI 2011/draft) be approved.

S3M-8166—That the Parliament agrees that the Debt Arrangement Scheme (Interest, Fees, Penalties and Other Charges) (Scotland) Regulations 2011 (SSI 2011/draft) be approved.

S3M-8168—That the Parliament agrees that the Fundable Bodies (Royal Conservatoire of Scotland) Order 2011 (SSI 2011/draft) be approved.

S3M-8169—That the Parliament agrees that the Fundable Bodies (University of the Highlands and Islands) Order 2011 (SSI 2011/draft) be approved.

S3M-8170—That the Parliament agrees that the Legal Profession and Legal Aid (Scotland) Act 2007 (Modification and Consequential Provisions) Order 2011 (SSI 2011/draft) be approved.

S3M-8171—That the Parliament agrees that the Proceeds of Crime Act 2002 Amendment (Scotland) Order 2011 (SSI 2011/draft) be approved.

S3M-8172—That the Parliament agrees that the Public Services Reform (Agricultural Holdings) (Scotland) Order 2011 (SSI 2011/draft) be approved.

S3M-8173—That the Parliament agrees that the Scottish Charitable Incorporated Organisations (Removal from Register and Dissolution) Regulations 2011 (SSI 2011/draft) be approved.

S3M-8174—That the Parliament agrees that the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (SSI 2011/45) be approved.

The motions were agreed to (DT).

21. Decision Time: The Parliament took decisions on items 6, 8, 10, 14, 16, 17, 18, 19, and 20 as noted above.

The meeting closed at 5.28 pm.

P E Grice
Clerk of the Parliament
16 March 2011

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

Other Documents

The following documents were laid before the Parliament on 14 March 2011 and are not subject to any Parliamentary procedure––

Criminal Justice and Licensing (Scotland) Act 2010 (Section 164) Code of Practice Disclosure of Evidence in Criminal Proceedings SG/2011/59

laid under section 164(4) of the Criminal Justice and Licensing (Scotland) Act 2010

Low Carbon Scotland: Meeting the Emissions Reduction Targets 2010 - 2022 The Report on proposals and Policies – Written Statement SG/2011/57––

Low Carbon Scotland: Meeting the Emissions Reduction Targets 2010 - 2022 The Report on Proposals and Policies SG/2011/58––

laid under section 35 of the Climate Change (Scotland) Act 2009

Scotland: A safe place for child traffickers? A scoping study into the nature and extent of child trafficking (CCYP/2011/1)

laid under section 12(1) of the Commissioner for Children and Young People (Scotland) Act 2003

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

Risk Management Authority Annual Report 2009/10 (SG/2011/60)

laid under section 13(3) of the Criminal Justice (Scotland) Act 2003 and section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

Child Poverty Strategy for Scotland (SG/2011/61)

laid under section 11(1) of the Child Poverty Act 2010

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

Scottish Public Services Ombudsman: Compendium of Case Reports for March 2011 (SPSO/2011/03)—

Case 201000940: A Medical Practice, Greater Glasgow and Clyde NHS Board

Case 201000684: The Moray Council

Case 200904481: Fife NHS Board

Case 200904647: Scottish Borders Council

Cases 201001146 & 201001520: Ayrshire and Arran NHS Board and Scottish Ambulance Service

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

Scottish Government Rural Directorate - 2010 Return of Expenditure incurred, Prosecutions taken and incidences of Notifiable Disease in Imported Animals (SG/2011/45)

laid under Section 80 of the Animal Health Act 1981

Waterwatch Scotland Annual Report 2009-2010 (SG/2011/56)––

Waterwatch Scotland Limited Annual Report and Financial Statements for the year ended 31 March 2010 (SG/2011/62)––

laid under Section 57 of the Water Industry (Scotland) Act 2002

Passengers’ View Scotland Annual Report 2009-10 (SG/2011/63)

laid under Section 12(3) of the Public Transport Users’ Committee for Scotland Order 2006

First Progress Report on Climate Change Adaptation in Scotland (SG/2011/36)

Committee Reports

The following reports were published on 11 March 2011––

Local Government and Communities Committee, 8th Report, 2011 (Session 3): Session 3 Legacy Paper (SP Paper 626)

Equal Opportunities Committee, 2nd Report, 2011 (Session 3): Subordinate Legislation (SP Paper 629)

Justice Committee, 6th Report, 2011 (Session 3): Stage 1 Report on the Long Leases (Scotland) Bill (SPPaper 630)

The following reports were published on 14 March 2011—

Education, Lifelong Learning and Culture Committee, 6th Report, 2011 (Session 3): Report on local authority funding of education and children's services and the future of schools management in Scotland (SP Paper 631)

Education, Lifelong Learning and Culture Committee, 7th Report, 2011 (Session 3): Annual report 2010-11 (SP Paper 632)

Education, Lifelong Learning and Culture Committee, 8th Report, 2011 (Session 3): Legacy paper (SP Paper 633)

Rural Affairs and Environment Committee, 5th Report, 2011 (Session 3): Subordinate Legislation (SP Paper 639)

The following reports were published on 15 March 2011––

Finance Committee, 6th Report, 2011 (Session 3): Annual report 2010-11 (SP Paper 635)

Subordinate Legislation Committee, 25th Report, 2011 (Session 3): Subordinate Legislation (SP Paper 640)

Subordinate Legislation Committee, 26th Report, 2011 (Session 3): Annual Report (SP Paper 641)

Rural Affairs and Environment Committee, 6th Report, 2011 (Session 3); Annual Report (SP Paper 645)

The following reports were published on 16 March 2011––

Economy, Energy and Tourism Committee, 5th Report 2011 (Session 3), Annual Report 2010-11 (SP Paper 634)

Standards, Procedures and Public Appointments Committee, 3rd Report, 2011 (Session 3): Annual Report 2010-11 (SP Paper 636)

Standards, Procedures and Public Appointments Committee, 4th Report, 2011 (Session 3): Legacy Paper (SP Paper 637)

Equal Opportunities Committee, 3rd Report, 2011 (Session 3): Annual report 2010-11 (SP Paper 638)

Transport, Infrastructure and Climate Change Committee, 3rd Report, 2011 (Session 3): Annual Report 2010-11 (SP Paper 643)

Justice Committee, 7th Report, 2011 (Session 3): Subordinate Legislation (SPPaper 647)