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Contents
B: Business Programme
C: Committee Agendas
E: Written questions
F: Motions and Amendments
G: Bills
H: New Documents
I: Petitions lodged
K: Progress of Parliamentary business

 

Business Bulletin No. 175/2002

Monday 2 December 2002

Section G: Bills: Notices and Amendments

  

New amendments to Bills lodged on 28 November 2002

Criminal Justice (Scotland) Bill – Stage 2

After section 59

Donald Gorrie

148 In substitution for amendment 21—

After section 59, insert—

<Offences aggravated by religious prejudice

(1) This section applies where it is—

(a) libelled in an indictment; or

(b) specified in a complaint,

and, in either case, proved that an offence has been aggravated by religious prejudice.

(2) For the purposes of this section, an offence is aggravated by religious prejudice if—

(a) at the time of committing the offence or immediately before or after doing so, the offender evinces towards the victim (if any) of the offence malice and ill-will based on the victim’s membership (or presumed membership) of a religious group, or of a social or cultural group with a perceived religious; or

(b) the offence is motivated (wholly or partly) by malice and ill-will towards members of a religious group, or of a social or cultural group with a perceived religious affiliation, based on their membership of that group.

(3) Where this section applies, the court must take the aggravation into account in determining the appropriate sentence.

(4) Where the sentence or disposal in respect of an offence is, by virtue of this section, different from that which the court would have imposed but for this section, the court must state the extent of and the reasons for that difference.

(5) For the purposes of this section, evidence from a single source is sufficient to prove that an offence is aggravated by religious prejudice.

(6) In subsection (2)(a) above—

"membership" in relation to a group includes association with members of that group; and

"presumed" means presumed by the offender.

(7) In this section, "religious group" means a group of persons defined by reference to their—

(a) religious belief or lack of religious belief;

(b) membership of or adherence to a church or religious organisation;

(c) support for the culture and traditions of a church or religious organisation; or

(d) participation in activities associated with such a culture or such traditions.>

Schedule 3

Mr Jim Wallace

Supported by: Hugh Henry

149 In schedule 3, page 67, line 23, leave out <Prisons (Scotland) Act 1989> and insert <1989 Act>

Mr Jim Wallace

Supported by: Hugh Henry

150 In schedule 3, page 67, line 31, leave out from beginning to <1993> and insert <The 1993 Act is amended as follows.

( ) In section 1A (application of that Act to persons serving more than one sentence), in paragraph (c)(ii), after the word "specified" there is inserted "under".

( ) In section 10 (life prisoners transferred to Scotland)—

(a) in subsection (2B), after paragraph (b) there are added the words "and in such a case subsection (3) below applies"; and

(b) in subsection (3)—

(i) after the word "applies" there is inserted "(whether by virtue of subsection (2) above or of subsection (2B) above)"; and

(ii) at the end, there are added the words "or as the case may be in the certificate or direction referred to in subsection (2D) above".

( ) In section 45(3)>

Mr Jim Wallace

Supported by: Hugh Henry

151 In schedule 3, page 67, line 38, leave out <schedule 1> and insert <the schedule>

Long Title

Donald Gorrie

152 In substitution for amendment 22—

In the long title, page 1, line 12, after <assistance;> insert <to require the aggravation of an offence by religious prejudice to be taken into account in sentencing;>

Local Government in Scotland Bill – Stage 3

Section 1

Kate Maclean (on behalf of the Equal Opportunities Committee)

1 In section 1, page 1, line 27, at end insert—

<( ) Without prejudice to the generality of subsection (4)(d) above, the local authority may, with a view to securing best value, include in contracts for the supply of goods or services a requirement on contractors with the authority to have in place (or, as the case may be, adopt) policies for the promotion of the equal opportunity requirements which set standards at least equal to those set by the authority.>

Section 10

Kate Maclean (on behalf of the Equal Opportunities Committee)

2 In section 10, page 4, line 27, at end insert <; and

<( ) where the local authority reasonably seeks to ensure that the standards set by its policies for the promotion of the equal opportunity requirements are matched or exceeded by persons or bodies with whom it enters into contracts for the supply of goods and services.>

Section 15

Kate Maclean (on behalf of the Equal Opportunities Committee)

3 In section 15, page 9, line 25, at end insert—

<( ) It is the duty of a local authority, in pursuance of its duty under subsection 1(4)(d) above, to carry out, as soon as practicable after this section comes into force and from time to time thereafter, or as directed by the Scottish Ministers, an equal pay review and to publish the results of that review.>

Protection of Children (Scotland) Bill – Stage 2

Section 1

Michael Russell

29 In section 1, page 1, line 7, leave out <whom they consider to be> and insert <who are>

Michael Russell

30 In section 1, page 1, line 11, leave out subsection (3)

After section 1

Michael Russell

31 After section 1, insert—

<The Child Protection Tribunal

(1) There shall be a tribunal, to be known as the Child Protection Tribunal ("the tribunal"), to determine whether individuals shall be included in the list kept under section 1(1) in accordance with the following provisions of this Act.

(2) The Scottish Ministers may, by regulations, make further provision about the tribunal, including in particular provision about—

(a) the qualifications for membership of, and the method of appointment to, the tribunal;

(b) the resignation or removal from office of members of the tribunal;

(c) the remuneration and expenses payable to members of the tribunal;

(d) the staff of the tribunal (including payment of salaries, pensions and expenses to such staff);

(e) other facilities of the tribunal, including premises; and

(f) such other matters as the Scottish Ministers think fit.>

Section 2

Michael Russell

32 In section 2, page 1, line 15, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

33 In section 2, page 2, line 20, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

34 In section 2, page 2, line 23, at end insert—

( ) If an organisation—

(a) has commenced disciplinary proceedings against an individual who is or has been working in a child care position on the ground that the individual may have harmed a child or placed a child at risk of harm;

(b) would have commenced such proceedings on such ground had the individual not resigned, retired or been made redundant; or

(c) has, on such ground, transferred the individual to a position within the organisation which is not a child care position,

it shall disclose that information to any other organisation, of which it is aware, which is considering an application for employment in a child care position from that individual.>

Section 4

Michael Russell

35 In section 4, page 3, line 6, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

36 In section 4, page 3, line 12, leave out <Scottish Ministers> and insert <tribunal>

After section 4

Michael Russell

37 After section 4, insert—

<Information leading to referral to be absolutely privileged

(1) For the purposes of the law of defamation, any—

(a) complaint about an individual whose case is referred under section 2(1) or 4(1);

(b) information which is relevant to the determination of such a referral and is provided by a person to assist in that determination; or

(c) statement made in any proceedings leading to that determination,

shall be absolutely privileged in those proceedings.

(2) In subsection (1), "statement" has the same meaning as in the Defamation Act 1996 (c.31).>

Section 5

Michael Russell

38 In section 5, page 3, line 27, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

39 In section 5, page 3, line 32, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

40 In section 5, page 3, line 35, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

41 In section 5, page 3, line 38, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

42 In section 5, page 4, line 5, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

43 In section 5, page 4, line 6, at end insert—

<and afford both the individual and the organisation which, or person who, made the reference an opportunity to seek a hearing.>

Michael Russell

44 In section 5, page 4, line 7, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

45 In section 5, page 4, line 9, after <relevant,> insert <and having given the individual and the organisation which, or person who, made the reference an opportunity to be heard (if such a hearing was sought by either),>

Michael Russell

46 In section 5, page 4, line 10, after <below> insert <direct the Scottish Ministers to>

Michael Russell

47 In section 5, page 4, line 11, leave out from <by> to end of line 16

Michael Russell

48 In section 5, page 4, line 17, after <satisfied> insert <direct the Scottish Ministers to>

Michael Russell

49 In section 5, page 4, line 17, leave out from <remove> to end of line 18 and insert <reject the reference>

Michael Russell

50 In section 5, page 4, line 24, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

51 In section 5, page 4, line 25, at end insert <direct the Scottish Ministers to>

Michael Russell

52 In section 5, page 4, line 31, leave out <Scottish Ministers> and insert <tribunal>

Section 6

Michael Russell

53 In section 6, page 5, line 12, after <Ministers> insert <shall refer the report to the tribunal and may, in so doing, make a recommendation to the tribunal as to whether or not the individual should be included in the list.

( ) Where the report is referred to the tribunal under subsection (1) above, the tribunal>

Michael Russell

54 In section 6, page 5, line 15, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

55 In section 6, page 5, line 18, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

56 In section 6, page 5, line 24, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

57 In section 6, page 5, line 25, at end insert—

<and afford both the individual and the person referred to in paragraph (b) above an opportunity to seek a hearing.>

Michael Russell

58 In section 6, page 5, line 26, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

59 In section 6, page 5, line 27, after <relevant> insert <and having given the individual and the person referred to in paragraph (b) of subsection (2) above an opportunity to be heard (if such a hearing was sought by either),>

Michael Russell

60 In section 6, page 5, line 28, after <below> insert <direct the Scottish Ministers to>

Michael Russell

61 In section 6, page 5, line 29, leave out from <by> to end of line 34

Michael Russell

62 In section 6, page 5, line 35, after <satisfied,> insert <direct the Scottish Ministers to>

Michael Russell

63 In section 6, page 5, line 35, leave out from <remove> to end of line 36 and insert <reject the report>

Michael Russell

64 In section 6, page 6, line 1, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

65 In section 6, page 6, line 2, at end insert <direct the Scottish Ministers to>

Section 7

Michael Russell

66 In section 7, page 6, line 18, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

67 In section 7, page 6, line 22, leave out <provisionally> and insert <direct the Scottish Ministers provisionally to>

Michael Russell

68 In section 7, page 6, line 32, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

69 In section 7, page 6, line 33, after <shall> insert <direct the Scottish Ministers to>

Michael Russell

70 In section 7, page 7, line 3, leave out subsection (6)

Michael Russell

71 Leave out section 7

Section 8

Michael Russell

72 In section 8, page 7, line 25, leave out from <such> to end of line 27 and insert <provision about the proceedings of the tribunal in relation to a determination under section 5 or 6 above>

Michael Russell

73 In section 8, page 7, line 29, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

74 In section 8, page 7, line 30, after <determination> insert <including provision—

(i) enabling the tribunal to hold hearings in private and to impose reporting restrictions where they think fit;

(ii) as to the persons who may appear on behalf of the parties; and

(iii) enabling the tribunal to require persons to attend to give evidence and produce documents>

Section 10

Michael Russell

75 In section 10, page 10, line 4, at end insert—

<(8) Where—

(a) an individual’s case has been referred under section 2(1) or 4(1); or

(b) an individual is named in a report such as is mentioned in section 6(1)(b),

but a determination as to whether the individual is to be included in the list kept under section 1(1) above has not yet been made, it is an offence for that individual to apply for any employment in a child care position without declaring those circumstances in the application.

(9) A person guilty of an offence under subsection (8) above is liable—

(a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding level 3 on the standard scale, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding one year or to a fine not exceeding level 5 on the standard scale, or to both.>

Before section 12

Michael Russell

76 Before section 12, insert—

<Power of tribunal to direct removal from list

The tribunal may at any time direct the Scottish Ministers to remove an individual from the list if the tribunal are satisfied that the individual should not have been included in it.>

Section 12

Michael Russell

77 In section 12, page 12, line 4, leave out <(otherwise than provisionally)>

Michael Russell

78 In section 12, page 12, line 8, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

79 In section 12, page 12, line 12, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

80 In section 12, page 12, line 33, leave out <(otherwise than provisionally)>

Section 13

Michael Russell

81 In section 13, page 12, line 38, leave out <(otherwise than provisionally)>

Michael Russell

82 In section 13, page 12, line 40, after <the> insert <tribunal to direct the>

Michael Russell

83 In section 13, page 13, line 1, leave out <Scottish Ministers not> and insert <tribunal not to direct the Scottish Ministers>

Michael Russell

84 In section 13, page 13, line 4, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

85 In section 13, page 13, line 20, leave out <Scottish Ministers> and insert <tribunal>

Michael Russell

86 In section 13, page 13, line 24, leave out <Scottish Ministers> and insert <tribunal>

Section 15

Michael Russell

87 In section 15, page 16, line 11, leave out <(otherwise than provisionally)>

Section 16

Michael Russell

88 In section 16, page 17, line 27, at end insert—

<"the tribunal" means the Child Protection Tribunal established under section (The Child Protection Tribunal) above;>

Section 17

Michael Russell

89 In section 17, page 18, line 12, leave out <7(3)(a)>

 

Public Appointments and Public Bodies etc. (Scotland) Bill - Stage 2

Schedule 1

Ms Sandra White

Supported by: Alex Neil

29 In schedule 1, page 13, line 12, at end insert <or

( ) a person holding national office in a political party>

Ms Sandra White

Supported by: Alex Neil

30 In schedule 1, page 17, line 14, at end insert-

<( ) A report under sub-paragraph (4) is to include a summary of-

(a) each case reported to the Parliament under section 2(7) during the period of the report; and

(b) the action taken by the Commissioner in relation to each such case.>

Section 2

Ms Sandra White

Supported by: Alex Neil

31 In section 2, page 1, line 20, leave out <and> and insert <, lay in draft before the Parliament for approval by resolution and (if such approval is given)>

Ms Sandra White

Supported by: Alex Neil

32 In section 2, page 1, line 26, at end insert <and in respect of the making by the Scottish Ministers or a specified authority of an appointment of a person as chief executive of a specified authority.>

Ms Sandra White

Supported by: Alex Neil

33 In section 2, page 1, line 26, at end insert-

<( ) The code of practice is to set out the policies and procedures to be adopted to ensure that the political affiliation, or perceived political affiliation, of any applicant for an appointment mentioned in subsection (1) is not taken into account in any decision to appoint or not to appoint the applicant.>

Ms Sandra White

Supported by: Alex Neil

34 In section 2, page 2, line 1, leave out <include guidelines as to> and insert <specify>

Ms Sandra White

Supported by: Alex Neil

35 In section 2, page 2, line 2, leave out <include guidelines as to> and insert <specify>

Ms Sandra White

Supported by: Alex Neil

36 In section 2, page 2, line 7, at end insert-

<( ) the basis on which appointments to the specified authorities are to be made;>

Ms Sandra White

Supported by: Alex Neil

37 In section 2, page 2, line 7, at end insert-

<( ) how any lack of compliance with the code of practice may be reported to the Commissioner;>

Ms Sandra White

Supported by: Alex Neil

38 In section 2, page 2, line 7, at end insert-

<( ) the sanctions which may be imposed upon persons who fail to comply with the code of practice.>

Ms Sandra White

Supported by: Alex Neil

39 In section 2, page 2, line 7, at end insert-

<(2A) The code of practice is to require each applicant for an appointment mentioned in subsection (1) to declare, at the time of making an application for such an appointment-

(a) all political activity (as defined in the code of practice) which the applicant has undertaken during the period of 5 years preceding the application; and

(b) any financial donations which the applicant has made to a political party during that period (but a declaration under this paragraph need not specify the amount of any such donation).>

Ms Sandra White

Supported by: Alex Neil

40 In section 2, page 2, line 10, leave out first <and> and insert <, lay the revised code before the Parliament for approval by resolution and (if such approval is given)>

Ms Sandra White

Supported by: Alex Neil

41 In section 2, page 2, line 11, leave out <promote> and insert <ensure>

Ms Sandra White

Supported by: Alex Neil

42 In section 2, page 2, line 12, leave out subsection (4) and insert-

<(4) Before publishing the code of practice or any revised code of practice the Commissioner is-

(a) to consult-

(i) the Parliament; and

(ii) the Scottish Ministers; and

(b) to-

(i) make the draft code of practice available for public inspection free of charge for such period, which must be at least one month beginning with the date of its publication, as the Commissioner may determine; and

(ii) publicise the opportunity to submit views on the draft code of practice to the Commissioner within the period mentioned in sub-paragraph (i).

(4A) The Commissioner must publish all submissions received under or by virtue of subsection (4).>

Ms Sandra White

Supported by: Alex Neil

43 In section 2, page 2, line 20, at end insert <and is to publish, within a reasonable time, the results of any such investigation.>

Ms Sandra White

Supported by: Alex Neil

44 In section 2, page 2, line 22, at end insert <; and must lay a copy of any guidance so issued before the Parliament.>

Ms Sandra White

Supported by: Alex Neil

45 In section 2, page 2, line 22, at end insert-

<( ) In any case where a declaration under subsection (2A) suggests that there may be a conflict of interest between the applicant's declared political activities or donations and the duties associated with the appointment applied for, the case is to be referred to the Commissioner for a decision on whether such a conflict exists; and if the Commissioner decides that such a conflict exists, the applicant is disqualified from appointment.>

Ms Sandra White

Supported by: Alex Neil

46 In section 2, page 2, line 26, leave out from <has> to <Commissioner> in line 27 and insert <must, as soon as is practicable, report-

(a) who has failed to comply;

(b) when the failure to comply occurred;

(c) the way in which the code has not been complied with,

together with any other information in relation to the case which the Commissioner considers appropriate, to the Parliament.

( ) In any case where it appears to the Commissioner that the code of practice has not been complied with and the Commissioner-

(a) has intimated that fact to the Scottish Ministers; and

(b)>

Ms Sandra White

Supported by: Alex Neil

47 In section 2, page 2, leave out lines 34 and 35

Ms Sandra White

Supported by: Alex Neil

48 In section 2, page 3, line 6, at end insert <; and

( ) appointments are not considered or made on the basis of the political affiliation of the person appointed.>

Section 21

Ms Sandra White

Supported by: Alex Neil

49 In section 21, page 11, line 24, leave out <3(2)(b)> and insert <3(2)(a) or (b)>

Proposals for Members’ Bills

Names marked with an asterisk (*) are new names of support. Proposals that have attracted 11 supporters have those supporters’ names shown in bold. The member who lodged such a proposal has the right to introduce a Member’s Bill to give effect to that proposal under rule 9.14.

Ms Sandra White: Proposed Third Party Planning Rights of Appeal (Scotland) Bill—Proposal for a Bill to provide third parties with a right of appeal against decisions made in planning applications under the Town and Country Planning (Scotland) Act 1997 (lodged 7 November 2002)

Supported by: Mr Lloyd Quinan, Mr Gil Paterson, Brian Adam, Nicola Sturgeon, Linda Fabiani, Colin Campbell, Richard Lochhead, Mr Kenny MacAskill, Michael Matheson, Mr Adam Ingram, Andrew Wilson, Mike Rumbles, Alex Neil, Kenneth Gibson, Donald Gorrie*

 

 

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