BB Home

B: Business Programme
C: Committee Agendas
E: Written questions
F: Motions and Amendments
H: New Documents
K: Progress of Parliamentary business

Business Bulletin No. 149/2004

Monday 18 October 2004

Section F : Motions and Amendments


A full list of current motions is available to view each Monday in paper copy at the Chamber Desk or alternatively on the Scottish Parliament web site as Current Motions. Each Monday the full text of all motions lodged the previous week will appear in the Business Bulletin together with motions previously lodged that are due to be debated that week.

Items marked with an asterisk (*) are new or have been altered. Asterisks in the text show the extent of alterations made.

Motions which members wish to be considered for debate as members’ business in the Parliament are marked with a hash symbol (#)

*S2M-1859 Margaret Jamieson: Health Awards at HM Prison Kilmarnock—That the Parliament congratulates HM Prison Kilmarnock on its achievement of two important awards, the British Council 5 Star Award for Health and Safety and the Bronze SHAW (Scotland’s Health at Work) Award and notes that this recognises the commitment of the staff of HM Prison Kilmarnock to the highest standards of health and safety within the establishment.

*S2M-1858 Jackie Baillie: Direct Payments—That the Parliament congratulates those local authorities that actively promote direct payments for people in their area; notes that, since 1 June 2003, local authorities have had a statutory duty to provide direct payments; believes that the use of direct payments can encourage choice and independence, provide flexibility to respond to changing needs and enable tailor-made packages of care to be put in place; acknowledges the positive policy framework established by the Scottish Executive but recognises, however, that there are sometimes substantial differences in approach and implementation from one local authority to the next, and therefore calls on the Executive to encourage and monitor the uptake of direct payments.

*S2M-1857 Sarah Boyack: Proof-of-Age Cards—That the Parliament notes the wide range of age-restricted products that are available to consumers, including alcohol, cigarettes, spray paints, solvents, DVDs and computer games; notes that retailers need to check the age of individuals trying to buy these products when it is suspected that they are too young to legally do so; believes that a national proof-of-age scheme would help both retailers and young people, and, in the absence of such a scheme, calls on the Scottish Executive to carry out a national co-ordinated campaign to highlight the benefits of Scotland’s young people carrying out a PASS-accredited proof-of-age card when intending to buy age-restricted products.

*S2M-1856# Elaine Smith: Dungavel House Immigration Removal Centre—That the Parliament deplores the detention in Dungavel House Immigration Removal Centre of the Tinichigui family, comprising Ionel who is 15-years old, Roxana who is 16, Mirela who is 17 and Marius who is 18, who are Roma Gypsies from Romania who have lived in Britain with their parents for seven years having fled persecution and who were taken into custody whilst attempting to board a ferry from Campbeltown; is appalled that Roxana’s son, Michael, who is 18-months old, has been separated from his mother who has not been told of his whereabouts or had contact with her son who was taken away by Argyll and Bute Council social services department and who is believed to be in temporary foster care; expresses concern that the Home Office now appears to be operating a policy of splitting children up from their parents whilst, at the same time, detaining asylum seekers who themselves are children; believes that there is no place in 21st century Scotland for the continued operation of a former prison as a place where people who have committed no crime are incarcerated; considers that the Scottish Executive should meet with the Scottish Federation of Housing Associations to discuss its proposals for alternatives to detention and should also meet with the Commissioner for Children and Young People, Positive Action In Housing and other interested bodies to discuss the wider issues of the treatment of asylum seekers in Scotland, particularly since devolved public services are clearly involved, and believes that the Executive should seek urgent talks with Her Majesty’s Government to discuss the Tinichigui family’s plight, including demanding the closure of Dungavel, requesting that asylum decisions are taken based on the premise that most people are not fleeing their homeland without good reason, finding alternatives to detention, such as supported community accommodation for asylum seekers, and reminding the Home Office of the Executive’s Fresh Talent initiative embarked upon due to the need to reverse population decline in Scotland.

*S2M-1855# John Scott: Implications for Scotland of Pensions Commission Report—That the Parliament notes the report Pensions: Challenges and Choices which has been published by the Pensions Commission on the subject of the pension funding shortfall; expresses concern that the effect of this underfunding will be more severely felt in Scotland; regrets the implications for the health and quality of life of pensioners and the additional costs likely to be incurred by the health service and local authorities in Scotland, and considers that the UK Parliament should take note of these concerns.

*S2M-1854 Mike Pringle: Energy Efficiency Week 25 to 31 October 2004—That the Parliament supports Energy Efficiency Week, which is running from 25 to 31 October 2004 and is organised by the Energy Savings Trust; notes that many people are failing to link energy use with its effect on the environment and that every year thousands of tonnes of extra carbon dioxide are produced to create energy that is subsequently wasted, and calls on everyone, especially those working at Holyrood, to get involved in saving energy by turning off lights in unoccupied rooms and turning off at the plug electrical appliances that are not being used.

Supported by: Mr Kenny MacAskill*, Murdo Fraser*, Ms Rosemary Byrne*, Mary Scanlon*, Mr Kenneth Macintosh*, Nora Radcliffe*, Robert Brown*, Elaine Smith*, Pauline McNeill*, Dr Elaine Murray*, Bruce Crawford*, Eleanor Scott*

*S2M-1853 Mark Ballard: Algerian Immigrants—That the Parliament expresses its support for the asylum applications by Saleh Moullef, Fouad Lasnami and Ghalem Belhadj and the several other Algerian men arrested in Scotland under the Terrorism Act 2000 in December 2002; notes with concern that the arrests of these men were not as fully supported by evidence as should be expected, that their arrests sparked intense media coverage and that it was almost a year before the charges were dropped; believes that it is clear that these circumstances would place the men in grave danger were they to be returned to Algeria; further notes that, despite charges being dropped, they appeared on a list of terror suspects shared between the British and Algerian security forces, further placing their lives at risk if returned to Algeria, and firmly believes that Scotland now has both a moral duty and a duty under international law to afford these men a safe refuge.

*S2M-1852# Mary Scanlon: Infertility Services in Scotland—That the Parliament welcomes the announcement by the Scottish Executive of its intention to review the Expert Advisory Group on Infertility Services in Scotland’s (EAGISS) guidance on the provision of infertility services by NHS Scotland; notes that implementation of the guidance by NHS boards has been inconsistent since its launch in February 2000; recognises the extreme distress that infertility causes many couples across Scotland and the need to ensure that all couples that are eligible for treatment are able to access the same standard of service regardless of where they live, and considers that the Executive should set a completion date for the review of the guidance in order to address the inequality of service provision that continues to exist.

*S2M-1851 Jackie Baillie: Children’s Hospice Association Scotland—That the Parliament notes that Children’s Hospice Awareness Week ran from 18 to 26 September 2004; further notes that the Children’s Hospice Association Scotland (CHAS) runs Rachel House Children’s Hospice in Kinross and is due to open Robin House Children’s Hospice in Balloch in March 2005; recognises that Robin House will be a welcome addition to parents and children in the west of Scotland; commends the commitment of CHAS staff, volunteers and supporters and the patience and understanding of the parents involved; notes also that CHAS is developing a free "at home" service which will reach out to all communities across Scotland, and congratulates everyone who was involved in the Children’s Hospice International 16th World Congress which took place in Edinburgh from 26 to 29 September 2004.

*S2M-1850# Colin Fox: Prison Conditions in Scotland—That the Parliament notes the Annual Report of HM Chief Inspector of Prisons for 2003-04 which suggests that overcrowding in our prisons seriously hampers our ability to challenge offending behaviour and reduce reoffending; believes therefore that Scotland sends too many people to prison; further believes that the pressure on the Scottish Prison Service to make budget cuts is inhibiting rehabilitation programmes and worsening already poor conditions; considers that overcrowding and slopping out remain the two most serious challenges facing the service, and believes that the continuation of slopping out tarnishes Scotland’s human rights reputation, especially for prisoners under 21 who have not been convicted of any crime.

*S2M-1849# Colin Fox: Review of NHS Prescription Charges—That the Parliament notes the remit of the Scottish Executive’s review of NHS prescription charges which will take place in two phases, firstly a five-month comparative study of international prescribing and exemption regimes followed by a three-month public consultation and believes that, following the recent decision of the National Assembly for Wales to abolish these charges, the review should also consider this option.

*S2M-1848 Robin Harper: Working Group on Hate Crime Report—That the Parliament notes the report of the Working Group on Hate Crime, published on 8 October 2004; calls on the Scottish Executive to act urgently on the 14 recommendations contained within the report, in particular to introduce a statutory aggravation as soon as possible for crimes motivated by malice or ill will towards an individual based on their sexual orientation, transgender identity or disability and to consider a statutory aggravation for domestic abuse with a view to combating violent crimes against women, and further calls on the Executive to act as expeditiously as possible on all those recommendations within the report that do not require primary legislation, including issues of training, awareness raising, alternative disposals, victim support, education and implementing attitudinal campaigns against prejudice using and learning from the "One Scotland. Many Cultures" and "see me" campaigns, focusing on the LGBT and disabled communities and to identify hate crime as one of the priorities to be addressed by Community Safety Partnerships.

*S2M-1847 Mr Stewart Maxwell: Congratulations on Holyrood Opening Ceremony—That the Parliament thanks and pays tribute to all those who worked so hard to make the opening of Holyrood such a tremendous success and congratulates the individuals and groups from across Scotland and beyond who took part, including the architects, builders, catering staff, cleaning staff, security staff, performers, artists, musicians, Parliament staff, external staff, local heroes, invited guests and everyone else who contributed to making the opening ceremony such a memorable occasion.

Supported by: Patrick Harvie*, Stewart Stevenson*, Jim Mather*, Tricia Marwick*, Rob Gibson*, Jackie Baillie*, Chris Ballance*, Phil Gallie*, Mr Jamie Stone*, Mary Scanlon*, Ms Sandra White*, Mike Pringle*, Nicola Sturgeon*, Shona Robison*, Mr John Swinney*, Shiona Baird*, Eleanor Scott*, Bill Aitken*, Bruce Crawford*

*S2M-1846 Donald Gorrie: Supporting Community Cultural, Sports and Educational Services—That the Parliament expresses its concern at the continuing reductions in public libraries’ book funds, in the number of books issued each year and the number of professional librarians employed and urges the Scottish Executive to ensure that local authorities can resource a continuing increase in access to IT in libraries for the public, a reversal of the decline in money spent on books and provide library services in conjunction with other community, sports, cultural or educational services to encourage greater use of all of these services.

*S2M-1845# Linda Fabiani: Centre for Peace and Reconciliation in Scotland—That the Parliament agrees with the Nobel Peace Prize Laureate, John Hume, that a Peace and Reconciliation Department should be established by the European Union, serviced by an EU commissioner and dedicated to the task of conflict resolution; notes that Scots have long contributed in troubled parts of the world as global citizens working towards peace and stability; believes that our country’s reputation for democratic and peaceful constitutional change means that Scotland could be established as a force in aiding conflict resolution, and considers that the Scottish Executive should promote the establishment in Scotland of a European Centre for Peace and Reconciliation.

*S2M-1844 Mark Ballard: Nobel Peace Prize 2004—That the Parliament congratulates Wangari Maathai, the Kenyan Deputy Environment Minister and leader of the Mazingira Green Party of Kenya, on winning the Nobel Peace Prize 2004 for her contribution to sustainable development, democracy and peace.

Supported by: Christine May*, Rob Gibson*, Shiona Baird*, Rosie Kane*, Patrick Harvie*, Chris Ballance*, Ms Rosemary Byrne*, Frances Curran*, Linda Fabiani*, Mr Jamie Stone*, Ms Sandra White*, Alex Neil*, Colin Fox*, Eleanor Scott*, Bruce Crawford*

*S2M-1843 Mark Ballard: A Well-Being Manifesto for a Flourishing Society—That the Parliament congratulates the New Economics Foundation on the publication of its report, A well-being manifesto for a flourishing society; acknowledges that economic growth alone cannot create the optimum conditions for national well-being; believes that efforts to grow the economy may have adverse consequences for the environment and society, and urges the Scottish Executive to adopt alternatives to GDP that will strengthen civil society, social well-being and active citizenship.

Supported by: Shiona Baird*, Patrick Harvie*, Chris Ballance*, Rosie Kane*, Ms Rosemary Byrne*, Eleanor Scott*

S2M-1842# Right to Read Campaign (lodged on 8 October 2004) Ms Rosemary Byrne*, Chris Ballance*, Rob Gibson*, Margaret Smith*, Mike Pringle*, Robin Harper*, Bill Butler*, Sarah Boyack*, Elaine Smith*, Alex Neil*, Frances Curran*, Mr Jamie Stone*, Eleanor Scott*, Carolyn Leckie*, Bruce Crawford*

S2M-1841 Justice for People Infected by Contaminated Blood Products (lodged on 8 October 2004) Frances Curran*, Campbell Martin*, Rosie Kane*, Chris Ballance*, Ms Sandra White*, Alex Neil*, Ms Rosemary Byrne*

S2M-1839 Opposition to Scottish Executive Funding of Talisman Energy Inc. Windfarm (lodged on 7 October 2004) Frances Curran*, Carolyn Leckie*

*S2M-1838.1 Mr Stewart Maxwell: Flying of Flags from the Scottish Parliament Building—As an amendment to motion (S2M-1838) in the name of Iain Smith, leave out from "should" to end and insert "therefore demands that the Saltire, Scotland’s national flag, should be flown from the Scottish Parliament building at all times."

Supported by: Shona Robison*, Ms Sandra White*, Jim Mather*, Rob Gibson*

*S2M-1838.2 Mr Bruce McFee: Flying of Flags from the Scottish Parliament Building—As an amendment to motion (S2M-1838) in the name of Iain Smith, leave out ", the Union flag".

Supported by: Ms Rosemary Byrne*, Mrs Margaret Ewing*

S2M-1837# Diabetes in Scotland (lodged on 7 October 2004) Mary Scanlon*, Carolyn Leckie*, Frances Curran*

S2M-1836 National Celebration of Gaelic (lodged on 7 October 2004) Fergus Ewing*

S2M-1832# Supporting People Fund (lodged on 6 October 2004) Ms Rosemary Byrne*, Jackie Baillie*

S2M-1830 The Achievement of Airdrie Academy Pupils and Staff (lodged on 5 October 2004) Carolyn Leckie*, Frances Curran*

S2M-1806 Military Assistance to Colombia and Human Rights Abuses (lodged on 29 September 2004) Elaine Smith*

S2M-1787 New Highland Horticultural Industry - Bog Myrtle (lodged on 29 September 2004) Rob Gibson*, Jim Mather*, Bruce Crawford*, Ms Sandra White*

S2M-1761 World Alzheimer’s Day 2004 (lodged on 27 September 2004) Mrs Margaret Ewing*

S2M-1757# Moray’s RAF Bases at Kinloss and Lossiemouth (lodged on 24 September 2004) Margaret Mitchell*, David Mundell*, Bill Aitken*

S2M-1755 Congratulations on Move to Holyrood (lodged on 23 September 2004) Mike Pringle*, Mr Mark Ruskell*, Mrs Nanette Milne*, Jackie Baillie*, Phil Gallie*, Mark Ballard*

S2M-1681 Corporate Responsibility (lodged on 13 September 2004) Mike Watson*, Mrs Margaret Ewing*

S2M-1676# Student Loans Payment Date (lodged on 13 September 2004) Mr Stewart Maxwell*, Mary Scanlon*, Mrs Margaret Ewing*, Carolyn Leckie*, Frances Curran*

S2M-1655# Young Carers in Scotland (lodged on 7 September 2004) Maureen Macmillan*

*S2M-1536.2# Elaine Smith: Better Access to Small Claims and Summary Cause Procedures—As an amendment to motion (S2M-1536) in the name of Mr John Home Robertson, leave out from first "notes" to end and insert "is concerned that any increase to the threshold for access to small claims and summary cause proceedings would exclude the vast majority of sheriff court litigants from the civil legal aid system to the detriment of the poorest and most vulnerable members of society; believes that the Scottish Consumer Council’s proposal to increase limits to £5,000 and £15,000 for small claims and summary cause respectively is ill-considered, would result in a collapse of "no win no fee" services for low- and modest-income citizens and would deny access to justice for law centre clients with claims of a modest value within the field of housing and social welfare law; further notes that the Scottish Consumer Council as a statutory appointed body representing the interests of all consumers, including small businesses and well-off litigants, cannot represent in any meaningful sense the interests of disadvantaged pursuers and defenders, and considers that the Scottish Executive should initiate a comprehensive public consultation on the effects of proposals to increase jurisdictional limits before taking any further action." R

Supported by: Ms Sandra White*