Back to the Scottish Parliament Business Bulletin No. 139/2006: Monday 2 October 2006
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Section G – Bills

New Bills introduced or reprinted on 29 September 2006

Civil Appeals (Scotland) Bill—A Bill for an Act of the Scottish Parliament to provide for a final right of civil appeal to a Civil Appeals Committee and to abolish the right of civil appeal to the House of Lords; and for connected purposes. (SP Bill 77) (Member’s Bill)

Introduced by: Adam Ingram

Explanatory Notes (and other accompanying documents) (SP Bill 77-EN) and a Policy Memorandum (SP Bill 77-PM) were printed to accompany the Bill.

Provision of Rail Passenger Services (Scotland) Bill—A Bill for an Act of the Scottish Parliament to direct the Scottish Ministers as to how they shall exercise the powers conferred upon them by the Railways Act 1993 as amended by the Railways Act 2005 in relation to the provision of rail passenger services; and for connected purposes. (SP Bill 78) (Member’s Bill)

Introduced by: Tommy Sheridan

Explanatory Notes (and other accompanying documents) (SP Bill 78-EN) and a Policy Memorandum (SP Bill 78-PM) were printed to accompany the Bill.

Treatment of Drug Users (Scotland) Bill—A Bill for an Act of the Scottish Parliament to provide a scheme under which drug users and their families can obtain an integrated health and social care plan for their treatment and rehabilitation; to fund additional treatment services for drug misuse from the proceeds of drug-related crime; and for connected purposes. (SP Bill 79) (Member’s Bill)

Introduced by: Rosemary Byrne

Explanatory Notes (and other accompanying documents) (SP Bill 79-EN) and a Policy Memorandum (SP Bill 79-PM) were printed to accompany the Bill.

New amendments to Bills lodged on 29 September 2006

Adoption and Children (Scotland) Bill – Stage 2

Section 1

Mr Adam Ingram

166     In section 1, page 1, line 14 at end, insert—

<(2A)   An adoption service is a service designed to meet the needs, in relation to adoption, of persons mentioned in section 6(1).

(2B)   For the purpose of carrying out the duties imposed by subsection (1), a local authority must—

(a)   provide requisite services, or

(b)   where services are being secured by subsection (4), secure that the registered adoption service provides requisite services.

(2C)   The services to be provided under subsection (1) include, without prejudice to the generality of subsection (2A)—

(a)   arrangements for assessing children who may be adopted,

(b)   arrangements for assessing prospective adopters,

(c)   arrangements for placing children for adoption,

(d)   adoption support services for persons mentioned in section 6(1). >

Section 2

Mr Adam Ingram

167     In section 2, page 2, line 26, at end insert—

<(3B)   The authority’s proposals for the provision of appropriate psychological therapeutic services must ensure that the needs of children mentioned in subsection (3A) for such services are assessed within 15 months of the granting of authority for a child to be adopted.>

Lord James Douglas-Hamilton

168     In section 2, page 2, line 26, at end insert—

<(  )     A plan prepared under subsection (1) must set out the steps the authority will take—

(a)   to secure the availability of independent advocacy services to children, their parents or guardians and their relatives in relation to adoption, and

(b)   to ensure that those persons have the opportunity of making use of those services.>

Section 6

Mr Adam Ingram

169     In section 6, page 4, leave out lines 11 to 13

Mr Adam Ingram

170     In section 6, page 4, line 14, leave out <and assistance>

Mr Adam Ingram

171     In section 6, page 4, line 14, at end insert—

<(  )   assistance to any of the persons mentioned in subsection (1),>

Section 8

Mr Adam Ingram

172     Leave out section 8, page 5, and insert—

<Provision of adoption support services (No. 2)

(1)     On the request of a person mentioned in any of paragraphs (a) to (g) of subsection (1) of section 6, a local authority must provide adoption support services of a type mentioned in any of paragraphs (d) to (f) of subsection 6(2) to the person.

(2)     On the request of a person mentioned in any of paragraphs (h) to (r) of section 6(1), a local authority must provide adoption support services of a type mentioned in section 6(2)(d) to the person.

(3)     For the purposes of subsections (1) and (2), it is immaterial whether the local authority has made an assessment of the needs of the person under section (Assessment of needs for adoption support services)(1)(a).

(4)     Where a local authority decides under section (Assessment of needs for adoption support services)(2) that the provision of adoption support services is called for in respect of—

(a)   a person mentioned in any of paragraphs (a) to (q) of subsection (1) of section 6, the authority must provide the services to the person,

(b)   a person mentioned in paragraph (r) of that subsection, the authority may provide the services to the person.>

Section 9

Lord James Douglas-Hamilton

173     In section 9, page 5, line 27, at end insert <including those wishes and feelings expressed by a member of an independent advocacy service,>

Section 10

Lord James Douglas-Hamilton

174     In section 10, page 6, line 6, at end insert <, including those wishes and feelings expressed by a member of an independent advocacy service.>

Section 33

Lord James Douglas-Hamilton

175     In section 33, page 18, line 4, at end—

<(  )     In considering whether the first condition is met, the court must take into account any views expressed by a member of independent advocacy service on behalf of the parent or guardian.>

Section 34

Lord James Douglas-Hamilton

176     In section 34, page 18, line 40, at end insert—

<(  )   In coming to a view as to whether the child has consented or, as the case may be, is incapable of consenting, the court must take into account any views expressed by a member of an independent advocacy service on behalf of the child.>

After section 83

Lord James Douglas-Hamilton

177     After section 83, insert—

<Independent advocacy services

Access to independent advocacy services

(1)     It is the duty of each local authority to—

(a)   secure the availability of independent advocacy services to—

(i)     an adopted child,

(ii)    a child who may be adopted,

(iii)   the parents or guardians of a child mentioned in sub-paragraph (i) or (ii), and

(iv)   the relatives of a child mentioned in sub-paragraph (i) or (ii), and

(b)   take appropriate steps to ensure that those persons have the opportunity of making use of those services.>

Section 111

Lord James Douglas-Hamilton

178     In section 111, page 56, line 36 at end insert—

<“advocacy services” are services of support and representation made available for the purpose of enabling a person to whom they are available to have as much control of, or capacity to influence, that person’s welfare as is, in the circumstances, appropriate; and such services are “independent” if they are to be provided by a person who is none of the following—

(a)    an adoption agency,

(b)    a member of a local authority, or

(c)    an adoption society.>

Criminal Proceedings etc. (Reform) (Scotland) Bill – Stage 2

Section 2

Margaret Mitchell

51 In section 2, page 3, leave out lines 38 to 40

Section 12

Marlyn Glen

52 In section 12, page 14, leave out lines 4 to 26

Members’ Bills Proposals

A Member who has lodged a proposal has the right to introduce a Member’s Bill to give effect to that proposal under Rule 9.14.12 of the Standing Orders provided:

  • the proposal has attracted 18 supporters which include members of at least half of the political parties or groups represented on the Parliamentary Bureau; and
  • the Scottish Executive has not given an indication under Rule 9.14.13 that it or Her Majesty’s Government will initiate legislation to give effect to the proposal.

The Bills page of the Parliamentary website shows the current status in this regard.

Names marked with an (*) are new names of support.

Final Proposal for Member’s Bill

Karen Gillon MSP: Culpable Homicide (Scotland) Bill – This final proposal for a member’s bill has been withdrawn.

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