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Journal of Parliamentary Proceedings Sessions 1 & 2

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No. 26  Wednesday 6 November 2002

The meeting opened at 2.30 pm.

1.      Time for Reflection: The Reverend Moira MacCormick, Minister at Buchlyvie and Gartmore, led Time for Reflection.

2.       Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3544—That the Parliament agrees as a revision to the Business Programme agreed on 30 October 2002—

Wednesday 6 November 2002

after first Parliamentary Bureau Motions, delete—

“followed by       Ministerial Statement”

Thursday 7 November 2002

delete—

“9:30 am           Executive Debate on the Scottish Executive Response to Foot and Mouth Disease Inquiries”

and insert—

“9:30 am           Ministerial Statement on Housing

followed by        Executive Debate on Forestry in Scotland”

The motion was agreed to.

3.      Flexibility and Innovation in Schools: The Minister for Education and Young People (Cathy Jamieson) moved S1M-3536—That the Parliament is committed to raising standards in education and closing the opportunity gap; acknowledges that A Teaching Profession for the 21st Century encourages greater local flexibility for schools in delivery of the National Priorities in Education; welcomes the contribution made by innovative projects in the Future Learning and Teaching programme to addressing issues such as the transition from primary to SI/SII, as well as new approaches to ICT and modern languages, and supports the Executive in its aim of ensuring that every school is a centre of excellence.

Michael Russell moved amendment S1M-3536.1 to motion S1M-3536—

Insert at end—

“but regrets that the Executive seems unable to take on board ideas which will make a real difference in the medium and long term such as the need for a substantial lowering in class sizes, particularly in the early years of primary, the simplification of the Scottish exam system, the review of 5-14 with the aim of creating more flexibility and less pressure, the building and development of a collective and collegiate view of school management as envisaged in the McCrone agreement (which should also involve parents and young people), and other major topics, but instead seeks to apply spin and hype to a First Minister’s vision of education that is lacking in vision and depth and does not constructively address the main issue of providing the best education possible for every child in Scotland.”

After debate, the amendment was disagreed to ((DT) by division: For 49, Against 61, Abstentions 0).

Mr. Brian Monteith moved amendment S1M-3536.3 to motion S1M-3536—

Insert at end—

“and believes that greater flexibility should include giving new opportunities for children to study a wider range of courses, including those at further education colleges, from the age of 14.”

After debate, the amendment was agreed to ((DT) by division: For 107, Against 4, Abstentions 0).

The motion as amended was then agreed to ((DT) by division: For 80, Against 0, Abstentions 30).

Accordingly the Parliament resolved—That the Parliament is committed to raising standards in education and closing the opportunity gap; acknowledges that A Teaching Profession for the 21st Century encourages greater local flexibility for schools in delivery of the National Priorities in Education; welcomes the contribution made by innovative projects in the Future Learning and Teaching programme to addressing issues such as the transition from primary to SI/SII, as well as new approaches to ICT and modern languages, and supports the Executive in its aim of ensuring that every school is a centre of excellence and believes that greater flexibility should include giving new opportunities for children to study a wider range of courses, including those at further education colleges, from the age of 14.

4.      Meeting of the Parliament: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3545—That the Parliament agreed under Rules 2.2.4, 2.2.5 and 2.2.6(a) of the Standing Orders that the meeting of the Parliament on Wednesday 13 November 2002 may continue beyond 7.00 pm.

The motion was agreed to (DT).

5.      Decision Time: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3546—That the Parliament agrees under Rule 11.2.4 of the Standing Orders that Decision Time on Wednesday 13 November 2002 shall begin at 7.00 pm.

The motion was agreed to (DT).

6.      Suspension of Standing Orders: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3547—That the Parliament agrees that Rule 5.6.1 (c) of the Standing Orders be suspended for the duration of the meeting of the Parliament on Wednesday 13 November 2002.

The motion was agreed to (DT).

7.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3548—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Discontinuance of Legalised Police Cells (Ayr) Rules 2002 (SSI 2002/472).

The motion was agreed to (DT).

Decision Time: The Parliament took decisions on items 3, 4, 5, 6 and 7 as noted above.

9.      Science and the Parliament: The Parliament debated S1M-3454 in the name of Dr Sylvia Jackson—That the Parliament welcomes the "Science and the Parliament" event being held on Wednesday 6 November 2002, organised by the Royal Society of Chemistry in association with Scotland's leading science organisations; notes the contribution of Scotland's 40,000 scientists to our economic, environmental and social development; further notes that Scotland is a world leader in many scientific disciplines; congratulates Scotland's scientists for their excellent ratings in the 2001 Research Assessment Exercise; welcomes the Scottish Executive's science strategy set out in A Science Strategy for Scotland and the efforts to foster an environment which enhances student participation in science, to invest in the science infrastructure and equipment of our educational establishments, to increase investment in research along with supporting greater industrial research and assisting in the practical application of our world-beating research, and believes that the Executive should take measures to reverse the downward trend and ensure that more students are choosing to study science at higher grade and degree level.

10.    Motion Without Notice: David Davidson moved without notice that, under Rule 8.14.3, the debate be extended by 15 minutes.

The motion was agreed to.

The meeting closed at 6.16 pm.

No. 27 Thursday 7 November 2002

The meeting opened at 9.30 am.

1.      Ministerial Statement: The Minister for Social Justice (Ms Margaret Curran) made a statement on housing.

2.      Forestry in Scotland: The Deputy Minister for Environment and Rural Development (Allan Wilson) moved S1M-3541—That the Parliament notes the report of the Interdepartmental Review Group on Forestry; welcomes the proposed changes to the administrative arrangements for forestry in Scotland contained in that report; notes the proposals by an industry wide steering group for a new Scottish Forestry Grants Scheme, and believes these changes will help achieve the objectives set out in the Scottish Forestry Strategy.

Fergus Ewing moved amendment S1M-3541.2 to motion S1M-3541—

Leave out from “welcomes” to end and insert—

“but believes that the Scottish Executive has failed to acknowledge the significant contribution to the Scottish economy of the timber and forest products industry and, in particular, in respect of the existing devolved functions of the Executive, further believes that it has failed to recognise the importance of the urgent need to improve the road network used for forestry extraction, of an effective policy of procurement to encourage the Scottish national industry interest, of effective promotion of biomass to assist in the achievement of more economic means of supplying energy from renewable sources and of the encouragement and active promotion of the use of wood as a building material.”

After debate, the amendment was disagreed to ((DT) by division: For 44, Against 58, Abstentions 0).

Alex Fergusson moved amendment S1M-3541.1 to motion S1M-3541—

Leave out from “and believes” to end and insert—

“but condemns the Scottish Executive’s failure to address the practical problems which face the Scottish forestry industry, particularly with regard to transport; further notes that the Executive has failed to set and promote robust planting targets or to plan for the impending doubling of timber output over the next 10 to 15 years, and urges the Executive to give greater priority to the issues which so concern what is now the third biggest industry in Scotland.”

After debate, the amendment was disagreed to ((DT) by division: For 17, Against 86, Abstentions 0).

The motion was then agreed to ((DT) by division: For 58, Against 43, Abstentions 1).

3.         Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3549—That the Parliament agrees—

(a) the following programme of business—

Wednesday 13 November 2002

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 3 of Debt Arrangement and Attachment (Scotland) Bill

followed by                      Parliamentary Bureau Motions

7:00 pm                          Decision Time

Thursday 14 November 2002

9:30 am                          Scottish National Party Debate on Poverty

followed by                      Scottish National Party Debate on Crime

followed by                      Business Motion

followed by                      Members' Business – debate on the subject of S1M-3522 Johann Lamont: Regulation of Private Security Firms

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Executive Debate on National Cultural Strategy

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business – debate on the subject of S1M-3416 Shona Robison: Licensing Scheme for Fireworks

Wednesday 20 November 2002

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 1 Debate on Protection of Children (Scotland) Bill

followed by                      Financial Resolution in respect of the Protection of Children (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

Thursday 21 November 2002

9:30 am                          Stage 1 Debate on Title Conditions (Scotland) Bill

followed by                      Financial Resolution in respect of Title Conditions (Scotland) Bill

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Executive Debate on Scottish Executive Response to Foot and Mouth Disease Inquiries

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

(b) that the Justice 1 Committee reports to the Justice 2 Committee by 19 November 2002 on the Discontinuance of Legalised Police Cells (Ayr) Rules 2002 (SSI 2002/472);

(c) that  Stage 2 of the Water Environment and Water Services (Scotland) Bill be completed by 11 December 2002 and that Stage 2 of the Public Appointments and Public Bodies etc. (Scotland) Bill be completed by 17 December 2002; and

(d) that the Preliminary Stage of the Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill be completed by 24 January 2003.

The motion was agreed to.

4.      Question Time: Questions were answered by the First Minister and other Ministers and junior Scottish Ministers.

5.      Quality of Life: The Minister for Finance and Public Services (Mr Andy Kerr moved S1M-3543—That the Parliament supports the work of the Scottish Executive, the all-party group on quality of life, local authorities and other stakeholders to improve the quality of life in Scotland’s communities, notably the allocation to local authorities of £95 million this year and a further £180 million for the next three years to improve the local environment and the quality of people’s daily lives.

Tricia Marwick moved amendment S1M-3543.1 to motion S1M-3543—

Insert at end—

 “, but notes COSLA’s concerns over the funding of core services.”

After debate, the amendment was disagreed to ((DT) by division: For 42, Against 58, Abstentions 2).

Keith Harding moved amendment S1M-3543.2 to motion S1M-3543—

Leave out from “notably” to end and insert—

“but regrets that measures being taken are likely to prove ineffective unless a much more robust approach is taken to issues of disorder, vandalism and violence which afflict far too many of them.”

After debate, the amendment was disagreed to ((DT) by division: For 16, Against 62, Abstentions 24).

The motion was then agreed to (DT).

6.      Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3550—That the Parliament agrees that the Codes of Recommendations for the Welfare of Livestock: Animal Health and Biosecurity (SE/2002/273) be approved.

The motion was agreed to (DT).

7.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3551—That the Parliament agrees that the Local Government Committee be designated as lead committee in consideration of the Prostitution Tolerance Zones (Scotland) Bill and that the Justice 1 and Justice 2 Committees be secondary committees.

The motion was agreed to (DT).

8.      Membership of Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3552—That the Parliament agrees that Bruce Crawford be appointed to replace Adam Ingram on the Transport and the Environment Committee.

The motion was agreed to (DT).

9.      Decision Time: The Parliament took decisions on items 2, 5, 6, 7 and 8 as noted above.

10.    Nuisance to Communities Caused by Seagulls: The Parliament debated S1M-3499 in the name of David Mundell—That the Parliament notes that seagulls are causing an increasing nuisance in communities across Scotland and believes that the Scottish Executive should develop best practice guidance on how to tackle the problems associated with seagulls.

The meeting closed at 5.45 pm.

No. 28 Wednesday 13 November 2002

The meeting opened at 2.31 pm.

1.      Time for Reflection: Sister Roseann Reddy, Sisters of the Gospel of Life, led Time for Reflection.

2.      Debt Arrangement and Attachment (Scotland) Bill − Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3572—That the Parliament agrees that, at Stage 3 of the Debt Arrangement and Attachment (Scotland) Bill, debate on each part of the proceedings shall be brought to a conclusion by the time-limits indicated (each time-limit being calculated from when Stage 3 begins and excluding any periods when the meeting is suspended)—

Groups 1 to 7 – no later than 1 hour 10 minutes

Groups 8 to 11 – no later than 1 hour 40 minutes

Groups 12 to 18 – no later than 2 hours 25 minutes

Groups 19 to 23 – no later than 3 hours

Groups 24 to 30 – no later than 3 hours 40 minutes

Groups 31 to 34 – no later than 3 hours 55 minutes

Motion to pass the Bill – no later than 4 hours 25 minutes.

After debate, the motion was agreed to (by division: For 77, Against 6, Abstentions 0).

3.      Debt Arrangement and Attachment (Scotland) Bill − Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 1, 2, 14, 15, 90, 48, 3, 53, 54, 55, 56, 59, 63, 64, 67, 68, 16, 17, 18, 19, 20, 72, 74, 75, 7, 77, 78, 79, 80, 81, 82, 83, 8, 9, 10, 11, 91, 92, 84, 85, 87, 12, 13

Amendment 86 was agreed to (by division): For 79, Against 34, Abstentions 0.   

The following amendments were disagreed to (by division)—

          24          (For 31, Against 79, Abstentions 0)

          25          (For 16, Against 95, Abstentions 0)

          26          (For 15, Against 88, Abstentions 0)

          28          (For 15, Against 96, Abstentions 1)

          34          (For 40, Against 74, Abstentions 1)

          35          (For 32, Against 81, Abstentions 0)

          36          (For 34, Against 80, Abstentions 0)

          38          (For 31, Against 79, Abstentions 0)

          42          (For 4,   Against 108, Abstentions 0)

          45          (For 32, Against 75, Abstentions 1)

          46          (For 32, Against 81, Abstentions 0)

          47          (For 30, Against 77, Abstentions 0)

          49          (For 32, Against 81, Abstentions 0)

          50          (For 31, Against 77, Abstentions 1)

          52          (For 30, Against 78, Abstentions 1)

          57          (For 26, Against 82, Abstentions 0)

          58          (For 32, Against 81, Abstentions 0)

          60          (For 30, Against 83, Abstentions 1)

          61          (For 33, Against 78, Abstentions 0)

          62          (For 31, Against 81, Abstentions 1)

          65          (For 32, Against 79, Abstentions 0)

          66          (For 30, Against 82, Abstentions 1)

          69          (For 36, Against 78, Abstentions 0)

          70          (For 2,   Against 111, Abstentions 0)

          71          (For 39, Against 66, Abstentions 0)

          76          (For 4,   Against 109, Abstentions 0)

The following amendments were moved and, with the agreement of the Parliament, withdrawn: 30, 51, 88.

Other amendments were not moved or were pre-empted.

4.      Debt Arrangement and Attachment (Scotland) Bill − Stage 3: The Deputy First Minister and Minister for Justice (Mr Jim Wallace) moved S1M-3534—That the Parliament agrees that the Debt Arrangement and Attachment (Scotland) Bill be passed.

Mr. Kenneth Gibson moved amendment S1M-3534.1 to motion S1M-3534—

Insert at end—

“but, in so doing, expresses reservations that the Bill does not fully fulfil the will of the Parliament as expressed on 6 December 2000 during the passage of the Abolition of Poindings and Warrant Sales Bill, and calls upon the Scottish Executive to institute ongoing research into the effects of the provisions of the Bill and report the results of this research to the Parliament at its first meeting after the first anniversary of the Bill receiving Royal Assent.”

After debate, the amendment was disagreed to ((DT) by division: For 31, Against 82, Abstentions 1).

The motion was then agreed to ((DT) by division: For 82, Against 4, Abstentions 28).

5.       Decision Time: The Parliament took decisions on item 4 as noted above.

6.       Motion Without Notice: Patricia Ferguson moved without notice that, under Rule 2.2.6(d), the meeting continue until 7.30 pm. 

The motion was agreed to.

7.      Ministerial Statement: The Deputy First Minister and Minister for Justice (Mr Jim Wallace) made a statement on the fire service dispute.

The meeting closed at 7.31 pm.

No. 29 Thursday 14 November 2002

The meeting opened at 9.30 am.

1.      Crime: Michael Matheson moved S1M-3569—That the Parliament acknowledges that all sectors of the criminal justice system must be managed effectively to ensure the even delivery of services across Scotland and calls on the Scottish Executive to conduct a fundamental review of the criminal justice system to establish how best to ensure that justice in Scotland is delivered in a fair, effective and appropriate manner.

The Lord Advocate (Colin Boyd) moved amendment S1M-3569.2 to motion S1M-3569—

Leave out from “and calls on” to end and insert—

“, welcomes the commitment of the Scottish Executive to systematic reappraisal of the way in which justice is delivered, building on the system’s strengths but also addressing the need for improvement; supports the major programme of modernisation, investment and review being undertaken by the Crown Office and Procurator Fiscal Service; awaits with interest the outcome of the major reviews of the criminal justice system currently being conducted by Lord Bonomy and Sheriff Principal McInnes and the work on integration of the system’s objectives being undertaken by the Crown Agent, Andrew Normand, and agrees that these reviews should inform proposals for the further improvement and modernisation of the criminal justice system to ensure that justice in Scotland is delivered in a fair, effective and appropriate manner."

Lord James-Douglas Hamilton moved amendment S1M-3569.1 to motion S1M-3569—

Leave out from “and calls on” to end and insert—

“regrets that the Scottish Executive has presided over rising crime and rising fear of crime; regrets that the Executive is only committed to “maintaining the capacity of the police” and not increasing the number of police officers on our streets; regrets that the Executive has chosen to focus on politically correct issues such as smacking, and calls on the Executive to address the real issues of concern to the Scottish public by increasing the number of police officers and procurators fiscal, overhauling the youth justice system and dealing adequately with the drugs problem that blights our communities.”

After debate, amendment S1M-3569.2 was agreed to ((DT) by division: For 59, Against 39, Abstentions 2).  As a result, amendment S1M-3569.1 was pre-empted.

The motion, as amended was then agreed to ((DT) by division: For 59, Against 13, Abstentions 28).

Accordingly, the Parliament resolved—That the Parliament acknowledges that all sectors of the criminal justice system must be managed effectively to ensure the even delivery of services across Scotland, welcomes the commitment of the Scottish Executive to systematic reappraisal of the way in which justice is delivered, building on the system’s strengths but also addressing the need for improvement; supports the major programme of modernisation, investment and review being undertaken by the Crown Office and Procurator Fiscal Service; awaits with interest the outcome of the major reviews of the criminal justice system currently being conducted by Lord Bonomy and Sheriff Principal McInnes and the work on integration of the system’s objectives being undertaken by the Crown Agent, Andrew Normand, and agrees that these reviews should inform proposals for the further improvement and modernisation of the criminal justice system to ensure that justice in Scotland is delivered in a fair, effective and appropriate manner."

2.      Poverty: Mr Kenneth Gibson moved S1M-3570—That the Parliament deplores the fact that a quarter of all Scots and a third of all Scottish children live in poverty; accepts that any measure of poverty must satisfy the requirements of being relative and comparable, noting that the Scottish Executive appears to place less emphasis on reducing the incidence of poverty than changing its definition; is aware that the Scottish Executive is limited in its ability to eliminate poverty due to the inadequacy of the powers devolved to Scotland, and believes that the most effective way to tackle poverty in Scotland is to ensure that all powers over tax and spending decisions are transferred from Westminster to the Scottish Parliament.

The Minister for Social Justice (Mrs Margaret Curran) moved amendment S1M-3570.2 to motion S1M-3570—

Leave out from “deplores” to end and insert—

“supports the Scottish Executive’s plans to tackle poverty as set out in Closing the Opportunity Gap: Scottish Budget 2003-2006; agrees that the definition of poverty extends beyond low income to include lack of opportunity in aspects of people’s lives such as jobs, health, education, transport and housing, and welcomes the progress that the Executive is making in tackling poverty in the broadest sense, in order to close the opportunity gap for the most disadvantaged people and communities, both urban and rural, across Scotland.”

Mrs Lindsay McIntosh moved amendment S1M-3570.1 to motion S1M-3570—

Leave out from “deplores” to end and insert—

“recognises that poverty and vulnerability are still too widespread in 21st century Scotland, despite the fact that much material poverty has been alleviated, and believes that tackling modern forms of vulnerability requires policies that create wealth and provide economic opportunity and security for all, which can only happen within a framework of public order in which people have the security of strong families, communities and high quality public services.”

After debate, amendment S1M-3570.2 was agreed to ((DT) by division: For 61, Against 39, Abstentions 1).  As a result, amendment S1M-3570.1 was pre-empted.

The motion, as amended, was then agreed to ((DT) by division: For 61, Against 14, Abstentions 26).

Accordingly, the Parliament resolved—That the Parliament supports the Scottish Executive’s plans to tackle poverty as set out in Closing the Opportunity Gap: Scottish Budget 2003-2006; agrees that the definition of poverty extends beyond low income to include lack of opportunity in aspects of people’s lives such as jobs, health, education, transport and housing, and welcomes the progress that the Executive is making in tackling poverty in the broadest sense, in order to close the opportunity gap for the most disadvantaged people and communities, both urban and rural, across Scotland.”

3.         Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S1M-3573—That the Parliament agrees—

(a) the following programme of business—

Wednesday 20 November 2002

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 1 Debate on Protection of Children (Scotland) Bill

followed by                      Financial Resolution in respect of the Protection of Children (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business – debate on the subject of S1M-3486 Duncan McNeil: Mis-selling of  Utilities

Thursday 21 November 2002

9:30 am                          Stage 1 Debate on Title Conditions (Scotland) Bill

followed by                      Financial Resolution in respect of Title Conditions (Scotland) Bill

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Executive Debate on Scottish Executive Response to Foot and Mouth Disease Inquiries

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business - debate on the subject of S1M-3538 John Farquhar Munro: Affordable Rural Housing

Wednesday 27 November 2002

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Enterprise and Lifelong Learning Committee Debate on its 9th Report 2002 on Lifelong Learning

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business – debate on the subject of S1M-3565 John Swinney: A9 – Perth to Inverness

Thursday 28 November 2002

9:30 am                          Scottish Conservative and Unionist Party Business

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Executive Business

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

and (b) that Stage 1 of the Prostitution Tolerance Zones (Scotland) Bill be completed by 21 February 2003 and that Stage 2 of the Criminal Justice (Scotland) Bill be completed by 17 January 2003.

After debate, the motion was agreed to.

4.      Regulation of Private Security Firms: The Parliament debated S1M-3522 in the name of Johann Lamont—That the Parliament notes with concern the lack of regulation of private security firms and the potential impact of unscrupulous activity by these firms on the safety and peace of mind of local communities within Glasgow Pollok constituency, across Glasgow and throughout Scotland; further notes the serious danger posed by any activity that undermines the confidence of the public in the police's capacity to deal with criminal behaviour within communities, and considers that the Scottish Executive, along with local authorities, the police and other relevant agencies, should develop as a matter of urgency means by which private security firms can be regulated and their activities scrutinised.

5.      Question Time: Questions were answered by the Deputy First Minister and other Ministers and junior Scottish Ministers.

6.      National Cultural Strategy: The Minister for Tourism, Culture and Sport (Mike Watson) moved S1M-3571—That the Parliament welcomes the second annual report on implementation of Scotland’s National Cultural Strategy; notes the action taken over the past year and welcomes the significant achievements of many dedicated artists and professionals throughout Scotland, and fully recognises the importance of culture in defining Scotland’s identity both at home and abroad, its contribution to the well-being of communities and individuals across the country and its role in helping to bridge the opportunity gap by extending participation in cultural activities.

Michael Russell moved amendment S1M-3571.1 to motion S1M-3571—

Insert at end—

“and therefore supports those who are calling for a new assessment of the actual financial and organisational needs of the arts in Scotland in order to achieve those objectives.”

After debate, the amendment was disagreed to ((DT) by division: For 42, Against 60, Abstentions 0).

Murdo Fraser moved amendment S1M-3571.2 to motion S1M-3571—

Leave out from “the second” to “and welcomes.”

After debate, the amendment was disagreed to ((DT) by division: For 38, Against 62, Abstentions 1).

The motion was then agreed to ((DT) by division: For 70, Against 4, Abstentions 28).

7.      Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3574—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.13) (Scotland) Order 2002 (SSI 2002/465) be approved.

The motion was agreed to (DT).

8.      Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3575—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.14) (Scotland) Order 2002 (SSI 2002/482) be approved.

The motion was agreed to (DT).

9.      Rule 2.3.1: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3576—That the Parliament agrees that the Office of the Clerk will be closed on 27, 30 and 31 December 2002.

The motion was agreed to (DT).

10.    Suspension of Standing Orders: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3577—That the Parliament agrees that Rules 13.6.4 and 13.6.7 of the Standing Orders be suspended for the purpose of Question Time on Thursday 9 January 2003.

The motion was agreed to (DT).

11.    Decision Time: The Parliament took decisions on items 1, 2, 6, 7, 8, 9 and 10 as noted above.

12.    Licensing Scheme for Fireworks: The Parliament debated motion S1M-3416 in the name of Shona Robison—That the Parliament agrees with the view of the Association of Chief Police Officers in Scotland in calling for the tightening up of legislation relating to the sale and use of fireworks; notes that the association specifically refers to a need for sellers to be stringently vetted in order to ensure that applicants for a certificate to sell fireworks are of good character and should be required to show "need" before being granted a certificate; believes that the best way of achieving this is through the introduction of a licensing scheme for vendors of fireworks, and considers that the Scottish Executive should, as part of the current review of licensing powers under the Civic Government (Scotland) Act 1982, consider extending licensing powers to include firework vendors.

The meeting closed at 5.54 pm.

No. 30  Wednesday 20 November 2002

The meeting opened at 2.30 pm.

1.      Time for Reflection: Professor Abd al-Fattah El-Awaisi, Vice-Chancellor of Al-Maktoum Institute for Arabic and Islamic Studies, Dundee, led Time for Reflection.

2.      Protection of Children (Scotland) Bill – Stage 1: The Minister for Education and Young People (Cathy Jamieson) moved S1M-3369—That the Parliament agrees to the general principles of the Protection of Children (Scotland) Bill.

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

3.      Protection of Children (Scotland) Bill – Financial Resolution: The Deputy Minister for Finance and Public Services (Peter Peacock) moved S1M-3436—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Protection of Children (Scotland) Bill, agrees to any expenditure payable out of the Scottish Consolidated Fund in consequence of the Act.

The motion was agreed to (DT).

4.      Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S1M-3597—That the Parliament agrees as a revision to the programme of business agreed on 14 November 2002—

Thursday 21 November 2002

after—           

followed by                     Financial Resolution in respect of Title Conditions (Scotland) Bill”

insert—

followed by                     Executive Debate on Extradition Bill - UK Legislation”

The motion was agreed to.

5.      May 2003: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S1M-3604—That the Parliament agrees to meet in The Hub, Castlehill, Edinburgh during the period from 12 - 29 May 2003.

The motion was agreed to (DT).

6.      Designation of Lead Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S1M-3605—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the following regulations—

the Civil Legal Aid (Scotland) Regulations 2002 (SSI 2002/494);
the Advice and Assistance (Scotland) Amendment Regulations 2002 (SSI 2002/495); and
the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2002 (SSI 2002/496).

The motion was agreed to (DT).

7.      Designation of Lead Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S1M-3606—That the Parliament agrees that the Rural Development Committee be designated as lead committee in consideration of the following regulations—

the draft Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003; and
the draft Cairngorms National Park Elections (Scotland) Order 2003.

The motion was agreed to (DT).

8.      Decision Time: The Parliament took decisions on items 2, 3, 5, 6 and 7 as noted above.

9.      Mis-selling of Utilities: The Parliament debated S1M-3486 in the name of Duncan McNeil—That the Parliament notes the proposal of energy regulator, Ofgem, to penalise London Electricity for failing to prevent its sales staff from mis-selling products to customers; expresses concern over the high-pressure selling tactics employed by representatives of certain utility companies; believes that vulnerable members of the public are entitled to protection from such practices; seeks clarification over what safeguards are currently in place and how these are enforced, and considers that the industry, the Scottish Executive and all interested parties should undertake a concerted effort to put an end to underhand sales practices and restore public confidence in the utilities market.

The meeting closed at 5.46 pm.

No. 31 Thursday 21 November 2002

The meeting opened at 9.30 am.

1.      Title Conditions (Scotland) Bill – Stage 1: The Deputy First Minister and Minister for Justice (Mr Jim Wallace) moved S1M-3188—That the Parliament agrees to the general principles of the Title Conditions (Scotland) Bill.

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

2.      Title Conditions (Scotland) Bill – Financial Resolution: The Deputy Minister for Finance and Public Services (Peter Peacock) moved S1M-3588—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Title Conditions (Scotland) Bill, agrees to any increase in the sums payable out of the Scottish Consolidated Fund in consequence of the Act.

The motion was agreed to (DT).

3.      Extradition Bill – UK Legislation: The Deputy First Minister and Minister for Justice (Mr Jim Wallace) moved S1M-3608—That the Parliament notes the provisions of the Extradition Bill and agrees that those provisions conferring Executive functions on the Scottish Ministers in relation to extradition should be considered by the UK Parliament.

Christine Grahame moved amendment S1M-3608.1 to motion S1M-3608—

Insert at end—

 “with the exception of provisions implementing the European Framework Decision on the European Arrest Warrant in the Extradition Bill which should be dealt with by the Scottish Parliament, and calls upon the Scottish Executive to bring forward legislation implementing the Framework Decision that reflects the particular nature of the Scottish legal system.”

After debate, the amendment was disagreed to ((DT) by division: For 28, Against 75, Abstentions 0).

The motion was then agreed to ((DT) by division: For 76, Against 26, Abstentions 0).

4.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3598—That the Parliament agrees—

(a) the following programme of business—

Wednesday 27 November 2002

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Enterprise and Lifelong Learning Committee Debate on its 9th Report 2002 on Lifelong Learning

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business - debate on the subject of S1M-3565 John Swinney: A9 - Perth to Inverness

Thursday 28 November 2002

9:30 am                          Scottish Conservative and Unionist Party Business

followed by                      Executive Debate on Waste and Emissions Trading Bill - UK Legislation

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Executive Debate on Domestic Abuse

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business – debate on the subject of S1M-3580 Bill Aitken: Glasgow Acute Health Services Review 

Wednesday 4 December 2002

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Finance Committee Debate on its 5th Report 2002 on PPP/PFI

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

Thursday 5 December 2002

9:30 am                          Stage 1 Debate on Building (Scotland) Bill

followed by                      Financial Resolution in respect of Building (Scotland) Bill

followed by                      Executive Business

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Executive Business

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

and (b) that the Justice 2 Committee reports to the Justice 1 Committee by 25 November 2002 on the Civil Legal Aid (Scotland) Regulations 2002, the Advice and Assistance (Scotland) Amendment Regulations 2002 and the Civil Legal Aid (Scotland) Fees Amendment Regulations 2002 and that the Transport and the Environment Committee reports to the Rural Development Committee by 6 December 2002 on the draft Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 and the draft Cairngorms National Park Elections (Scotland) Order 2003.

The motion was agreed to.

5.      Question Time: Questions were answered by the First Minister and other Ministers and junior Scottish Ministers.

6.      Scottish Executive Response to Foot-and-Mouth Disease Inquiries: The Minister for Environment and Rural Development (Ross Finnie) moved S1M-3602—That the Parliament notes the conclusions and recommendations of the Lessons to be Learned, Royal Society and Royal Society of Edinburgh inquiries into foot-and-mouth disease and welcomes the Scottish Executive response which builds on their recommendations and aims to develop a framework for reducing the risk of importing infectious diseases, reducing the vulnerability of livestock and minimising the impact of any future outbreak to give better protection to Scotland’s valuable livestock industry.

Fergus Ewing moved amendment S1M-3602.2 to motion S1M-3602—

Leave out from “and welcomes” to end and insert—

“; welcomes the fact that the Scottish Parliament was able to deal with the foot-and-mouth crisis more efficiently than it was tackled in England; endorses many of the proposals contained within the Scottish Executive response to the inquiries but considers that insufficient progress has been made to tighten import controls; believes that emergency vaccination should be deployed in any future outbreak, that there should be a total transfer to Scotland of all necessary power to handle any such outbreak and that the continued application of the 20-day rule is creating significant difficulties for Scottish farmers and crofters, and considers that the restrictions on access to the countryside were retained for far too long and had a severe impact upon the rural economy of many parts of Scotland.”

After debate, the amendment was disagreed to ((DT) by division: For 27, Against 75, Abstentions 1).

Alex Fergusson moved amendment S1M-3602.1 to motion S1M-3602—

Leave out from “and welcomes” to end and insert—

“; regrets the late publication of the Scottish Executive’s response to the inquiries and the curtailment of the debate on the issue; considers the response to be vague and urges the Executive to clarify its position on key issues such as the future use of vaccinations; calls on the Executive to produce clear evidence that it is working urgently with Her Majesty’s Government to reduce the risk of importing infectious diseases, and seeks reassurance that the outcome of the inquiries will form the basis for continuing vigilance and regular updated contingency arrangements in the event of a future outbreak.”

After debate, the amendment was disagreed to ((DT) by division: For 14, Against 87, Abstentions 2).

The motion was then agreed to ((DT) by division: For 61, Against 1, Abstentions 41).

7.      Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3599—That the Parliament agrees that the draft Budget (Scotland) Act 2002 Amendment Order 2002 be approved.

The motion was agreed to (DT).

8.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3607—That the Parliament agrees that the Education, Culture and Sport Committee be designated as lead committee in consideration of the Gaelic Language (Scotland) Bill and that the Local Government Committee be a secondary committee.

The motion was agreed to (DT).

9.      Decision Time: The Parliament took decisions on items 1, 2, 3, 6, 7 and 8 as noted above.

10.    Affordable Rural Housing: The Parliament debated S1M-3538 in the name of John Farquhar Munro—That the Parliament notes the shortfall in affordable housing in rural areas for rent or for purchase particularly for young families; acknowledges that, in part, the cause of this can be traced to second home ownership; believes that in order to maintain a sustainable future for rural Scotland measures must be taken to encourage young people and families to remain in their communities, and considers that the Parliament should review the provision of socially rented housing as well as the extent of second home ownership throughout rural Scotland.

11.    Motion without Notice: Murray Tosh moved without notice that, under Rule 8.14.3, the debate be extended until 6.00 pm.

The motion was agreed to.

The meeting closed at 6.01 pm.

No. 32 Wednesday 27 November 2002

The meeting opened at 2.30pm.

1.      Time for Reflection: Reverend Jim Jones, Chairman of the Scottish Methodist Synod led Time for Reflection.

2.      Enterprise and Lifelong Learning Committee, Final Report on Lifelong Learning: Alex Neil, on behalf of the Enterprise and Lifelong Learning Committee, moved S1M-3625—That the Parliament welcomes the 9th Report 2002 of the Enterprise and Lifelong Learning Committee, Final Report on Lifelong Learning (SP Paper 679), and invites the Scottish Executive to take the report into account when developing the new strategy.

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

3.      Business Motion: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S1M-3643—That the Parliament agrees—

(a) the following programme of business—

Wednesday 4 December 2002

2:30 pm            Time for Reflection

followed by        Parliamentary Bureau Motions

followed by        Ministerial Statement on Local Government Finance
Allocations

followed by        Finance Committee Debate on its 5th Report 2002, Public
Private Partnerships

followed by        Parliamentary Bureau Motions

5:00 pm            Decision Time

followed by        Members' Business - debate on the subject of S1M-3504 Bill
Butler: Provision of Dedicated Mother and Baby Services for
Women with Post-Natal Depression

Thursday 5 December 2002

9:30 am            Stage 1 Debate on Building (Scotland) Bill

followed by        Financial Resolution in respect of Building (Scotland) Bill

followed by        Executive Debate on Criminal Justice Bill – UK Legislation

followed by        Executive Debate on Crime (International Co-operation) Bill –
UK Legislation

followed by        Business Motion

2:30 pm            Question Time

3:10 pm            First Minister's Question Time

3:30 pm            Executive Debate on The Future of Europe Convention – the

                        Scottish Dimension

followed by        Parliamentary Bureau Motions

5:00 pm            Decision Time

followed by        Members' Business

Wednesday 11 December 2002

2:30 pm            Time for Reflection

followed by        Parliamentary Bureau Motions

followed by        Stage 1 Debate on Mental Health (Scotland) Bill

followed by        Financial Resolution in respect of the Mental Health
(Scotland) Bill

followed by        Parliamentary Bureau Motions

5:00 pm            Decision Time

followed by        Members' Business

Thursday 12 December 2002

9:30 am            Scottish National Party Business

followed by        Business Motion

2:30 pm            Question Time

3:10 pm            First Minister's Question Time

3:30 pm            Executive Debate on Fisheries 2003

followed by        Parliamentary Bureau Motions

5:00 pm            Decision Time

followed by        Members' Business

and (b) that Stage 2 of the Protection of Children (Scotland) Bill be completed by 20 December 2002 and that Stage 2 of the Title Conditions (Scotland) Bill be completed by 24 January 2003.

After debate, the motion was agreed to (by division: For 86, Against 6, Abstentions 18).

4.      Decision Time: The Parliament took a decision on item 2 as noted above.

5.      A9 – Perth to Inverness: The Parliament debated S1M-3565 in the name of Mr John Swinney—That the Parliament notes with concern the unacceptable level of death and injury caused by road traffic accidents on the A9 from Perth to Inverness; recognises that the design of the A9, particularly the frequent switching between single and dual carriageway, contributes to this level of danger; welcomes improvements made to the road design to improve safety, particularly measures already agreed at the Bankfoot and Ballinluig junctions, but recognises that, until the A9 from Perth to Inverness is re-constructed as a dual carriageway with safe junctions, it will continue to present road safety dangers to the local community and the significant number of visitors to the area.

The meeting closed at 6.00 pm.

No. 33 Thursday 28 November 2002

The meeting opened at 9.30am.

1.      Education: Brian Monteith moved S1M-3650—That the Parliament believes that the Scottish education system should move to the post-comprehensive era, where schools keep the comprehensive principle of equality of opportunity but are opened up to new and different ways of education built round the needs of the individual child and where there is a greater range of specialist schools for parents to choose from, offering excellent routes into university and skilled employment.

The Minister for Education and Young People (Cathy Jamieson) moved amendment S1M-3650.2 to motion S1M-3650—

Leave out from “believes” to end and insert—

“acknowledges the distinctive nature of Scottish education; supports reforms designed to tackle underperformance in schools and ensure that every school is a centre of excellence; recognises the major investment being made by the Scottish Executive; supports local flexibility and innovation in schools; welcomes the increased emphasis on citizenship, enterprise and vocational education; acknowledges the importance of a strong partnership with education authorities, schools, teachers and parents in raising attainment and closing the opportunity gap, and supports the Executive in its determination to ensure every child has an education that meets his or her individual needs.”

Michael Russell moved amendment S1M-3650.1 to motion S1M-3650—

Leave out from “should” to end and insert—

“must be one which delivers the best for each child, is founded upon the broad and inclusive traditional strengths of Scottish education, is resourced and organised to help young people gain a secure grounding in the basic skills at an early age, gives various routes for entry into further education or skilled employment and which welcomes diversity and a variety of local delivery within a strong state sector, and therefore rejects any attempt to bring back from the political grave the divisive Tory educational philosophies of the past which proved so damaging to Scotland’s young people during 18 years of undemocratic and unwanted Conservative Government in this country.”

After debate, amendment SIM-3650.2 was agreed to ((DT) by division: For 59,

Against 15, Abstentions 26).  As a result, amendment SIM-3650.1 was pre-empted.

The motion as amended was then agreed to ((DT) by division: For 61, Against 16, Abstentions 27).

Accordingly, the Parliament resolved—That the Parliament acknowledges the distinctive nature of Scottish education; supports reforms designed to tackle underperformance in schools and ensure that every school is a centre of excellence; recognises the major investment being made by the Scottish Executive; supports local flexibility and innovation in schools; welcomes the increased emphasis on citizenship, enterprise and vocational education; acknowledges the importance of a strong partnership with education authorities, schools, teachers and parents in raising attainment and closing the opportunity gap, and supports the Executive in its determination to ensure every child has an education that meets his or her individual needs.

2.      Drugs Courts: Bill Aitken moved S1M-3641—That the Parliament notes the growing prevalence of drug abuse and drug-related crimes; regrets that the Scottish Executive continues to send out mixed messages on drugs; further regrets that the Executive’s flagship drug courts have become a means of avoiding a prison term, and therefore calls on the Executive to ensure that (a) those sent to drug courts have committed only a minimal number of offences, (b) there are sufficient resources to ensure that those who are sentenced by drug courts have the option of immediate and instant treatment to undergo rehabilitation and (c) any breach of orders from the drug courts are dealt with properly.

The Deputy Minister for Justice (Hugh Henry) moved amendment S1M-3641.2 to motion S1M-3641—

Leave out from “notes” to end and insert—

“welcomes the commitment of the Scottish Executive to address the problem of drug misusing offenders by establishing pilot drugs courts, the success of Drug Treatment and Testing Orders and the Scottish Drug Enforcement Agency, the additional resources made available to agencies within the criminal justice system, local authorities and the NHS to support its co-ordinated approach to reducing or eliminating the dependence on or propensity to misuse drugs and its integrated strategy to tackling drug-related crime and reducing the impact which this has on communities.”

Roseanna Cunningham moved amendment S1M-3641.1 to motion S1M-3641—

Leave out from “regrets” to end and insert—

“welcomes the work of the drugs courts in diverting users into effective rehabilitation programmes; acknowledges the dedication of the fiscals, social workers, drugs counsellors and sheriffs who have worked to make the drugs courts successful; considers that further resources are required to ensure the continued effectiveness of the drugs courts, and calls on the Scottish Executive to ensure the early roll-out of drugs courts and the provision of the necessary resources so that offenders in all areas of Scotland will have equal access to the same rehabilitation opportunities.”

After debate, amendment S1M-3641.2 was agreed to ((DT) by division: For 61, Against 17, Abstentions 27). As a result, amendment S1M-3641.1 was pre-empted.

The motion as amended was then agreed to ((DT) by division: For 62, Against 15, Abstentions 30).

Accordingly, the Parliament resolved—That the Parliament welcomes the commitment of the Scottish Executive to address the problem of drug misusing offenders by establishing pilot drugs courts, the success of Drug Treatment and Testing Orders and the Scottish Drug Enforcement Agency, the additional resources made available to agencies within the criminal justice system, local authorities and the NHS to support its co-ordinated approach to reducing or eliminating the dependence on or propensity to misuse drugs and its integrated strategy to tackling drug-related crime and reducing the impact which this has on communities.

3.      Waste and Emissions Trading Bill – UK Legislation: The Deputy Minister for Environment and Rural Development (Allan Wilson) moved S1M-3649—That the Parliament supports the principles of the Waste and Emissions Trading Bill and agrees that the provisions in the Bill that relate to devolved matters should be considered by the UK Parliament.

After debate, the motion was agreed to ((DT) by division: For 77, Against 30, Abstentions 1).

4.      Junior Scottish Minister: The First Minister (Mr Jack McConnell) moved S1M-3656—That the Parliament agrees that Des McNulty be appointed as a junior Scottish Minister.

After debate, the motion was agreed to (by division: For 61, Against 28, Abstentions 16).

5.      Question Time: Questions were answered by the First Minister and other Ministers and junior Scottish Ministers.

6.      Domestic Abuse: The Minister for Social Justice (Ms Margaret Curran) moved S1M-3648—That the Parliament approves the considerable progress made in increasing the protection of, and provision of services to, women, children and young people experiencing domestic abuse; further approves work aimed at reducing the intolerably high incidence of domestic abuse in Scotland, and welcomes the work of the National Group to Address Domestic Abuse in Scotland in tackling this unacceptable behaviour.

Roseanna Cunningham moved amendment S1M-3648.2 to motion S1M-3648—

Insert at end—

"but nevertheless calls on the Scottish Executive to ensure that funding of services dealing with domestic violence is equalised across Scotland, to recognise and meet the needs of children affected by domestic violence, to address, as a matter of urgency, the recruitment crisis in social work services and to reform the justice system so as to allow the development of family courts which would include inter alia powers to deal with domestic violence."

After debate, the amendment was disagreed to ((DT) by division: For 29, Against 61, Abstentions 18).

The motion was agreed to ((DT) by division: For 105, Against 3, Abstentions 0).

7.      Membership of Committees: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S1M- 3660—That the Parliament agrees that the following members be appointed to committees—

Dr Richard Simpson to replace Des McNulty on the Finance Committee;
Dr Richard Simpson to replace Elaine Thomson on the Local Government Committee; and
Elaine Thomson to replace Des McNulty on the Transport and Environment Committee.

The motion was agreed to (DT).

8.      Membership of Committee: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S1M-3645—That the Parliament agrees that Tricia Marwick be appointed to replace Duncan Hamilton on the Local Government Committee.

The motion was agreed to (DT).

9.      Approval of SSI: Patricia Ferguson, on behalf of the Parliamentary Bureau, moved S1M-3644—That the Parliament agrees that the draft Legal Aid (Scotland) Act 1986 Amendment Regulations 2002 be approved.

The motion was agreed to (DT).

10.    Decision Time: The Parliament took decisions on items 1, 2, 3, 6, 7, 8 and 9 as noted above.

11.    Glasgow Acute Health Services Review: The Parliament debated S1M-3580 in the name of Bill Aitken—That the Parliament notes the continued and growing concern of Glasgow residents regarding the Scottish Executive’s proposals following the recent Acute Health Services Review in Glasgow.

The meeting closed at 6.05 pm.

No. 34 Wednesday 4 December 2002

The meeting opened at 2.30pm.

1.      Time for Reflection: Mr Rawdon Goodier, Zen Buddhist Lay Minister and recently retired First Chairman of the Scottish Inter Faith Council, led Time for Reflection.

2.      Ministerial Statement: The Minister for Finance and Public Services (Mr Andy Kerr) made a statement on local government finance allocations.

3.      Finance Committee, Public Private Partnerships: Mr Tom McCabe, on behalf of the Finance Committee, moved S1M-3640—That the Parliament notes the 5th Report 2002 of the Finance Committee, Public Private Partnerships (SP Paper 653), and commends the report’s recommendations to the Scottish Executive.

After debate, the motion was agreed to ((DT) by division: For 71, Against 36, Abstentions 2).

4.      Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3676—That the Parliament agrees that the draft Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 be approved.

After debate, the motion was agreed to ((DT) by division: For 59, Against 50, Abstentions 1).

5.       Designation of Lead Committees: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3677—That the Parliament agrees the following designation of lead committees—

the Justice 2 Committee to consider the Act of Sederunt (Fees of Sheriff Officers) 2002 (SSI/2002/515); and

the Justice 2 Committee to consider the draft Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2002.

The motion was agreed to (DT).

6.      Decision Time: The Parliament took decisions on items 3, 4 and 5 as noted above.

7.      Provision of Dedicated Mother and Baby Services for Women with Post-Natal Depression: The Parliament debated S1M-3504 in the name of Bill Butler—That the Parliament expresses its deep concern regarding the lack of proper facilities within the NHS in Scotland that would allow women with post-natal depression (PND) to continue to care for their children whilst undergoing treatment; recognises that the lack of dedicated mother and baby services for women with PND is completely unacceptable; notes the recent Scottish Intercollegiate Guidelines Network report which detailed the shocking lack of appropriate services for women with PND, and considers that the Scottish Executive should ensure that NHS boards throughout Scotland take the swiftest possible action to remedy the alarming poverty of provision of mother and baby units devoted to women suffering from PND.

The meeting closed at 5.55pm.

No. 35 Thursday 5 December 2002

The meeting opened at 9.30am.

1.      Building (Scotland) Bill – Stage 1: The Minister for Social Justice (Ms Margaret Curran) moved S1M-3410—That the Parliament agrees to the general principles of the Building (Scotland) Bill.

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

2.      Building (Scotland) Bill – Financial Resolution: The Deputy Minister for Finance and Public Services (Peter Peacock) moved S1M-3456—That the Parliament, for the purposes of any Act of the Parliament resulting from the Building (Scotland) Bill, agrees to—

(a) any increase in expenditure payable out of the Scottish Consolidated Fund in consequence of the Act, and

(b) any charge imposed, and any payment required to be made, by or under the Act.

The motion was agreed to (DT).

3.      Criminal Justice Bill – UK Legislation: The Deputy Minister for Justice (Hugh Henry) moved S1M-3671—That the Parliament agrees that the provisions in the Criminal Justice Bill that relate to devolved matters should be considered by the UK Parliament.

After debate, the motion was agreed to ((DT) by division: For 79, Against 27, Abstentions 0).

4.      Crime (International Co-operation) Bill – UK Legislation: The Deputy Minister for Justice (Hugh Henry) moved S1M-3670—That the Parliament recognises the need for the United Kingdom to ensure compliance with the international obligations for which the Crime (International Co-operation) Bill makes provision and agrees that those provisions in the bill that relate to devolved matters should be considered by the UK Parliament.

After debate, the motion was agreed to ((DT) by division: For 80, Against 27, Abstentions 0).

5.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3675—That the Parliament agrees—

(a) the following programme of business—

 Wednesday 11 December 2002

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 1 Debate on Mental Health (Scotland) Bill

followed by                      Financial Resolution in respect of the Mental Health (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business – debate on the subject of S1M-3589 Karen Gillon: The Sale of The Herald, Sunday Herald and Evening Times by SMG

Thursday 12 December 2002

9:30 am                          Scottish National Party Business

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Executive Debate on Fisheries 2003

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business – debate on the subject of S1M-3464 Donald Gorrie: Debt and Lending

Wednesday 18 December 2002

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 1 Debate on Homelessness (Scotland) Bill

followed by                      Financial Resolution in respect of Homelessness (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

Thursday 19 December 2002

9:30 am                          Finance Committee Debate on its 7th Report on Stage 2 of the 2003/2004 Budget Process

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Stage 1 Debate on Agricultural Holdings (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

(b) that Stage 1 of the Gaelic Language (Scotland) Bill be completed by 27 February 2003; and

(c) that the Justice 1 Committee reports to the Justice 2 Committee by 17 December 2002 on the Act of Sederunt (Fees of Sheriff Officers) 2002 and on the draft Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2002.

The motion was agreed to.

6.      Question Time: Questions were answered by the First Minister and other Ministers and junior Scottish Ministers.

7.      The Future of Europe Convention – The Scottish Dimension: The Deputy First Minister and Minister for Justice (Mr Jim Wallace) moved S1M-3678—That the Parliament acknowledges the many benefits that the European Union has delivered for Europe and for Scotland, welcomes the establishment of the Convention on the Future of Europe as an open and innovative means of addressing the issues now facing the European Union; believes that, in light of experience, the European Union needs to become more effective, efficient, easier to understand, democratic, transparent and accountable; recognises the role that Sub-Member State Administrations can play in realising these objectives; welcomes the Scottish Executive’s engagement with Scottish civil society to stimulate discussion and to seek views on the Future of Europe; welcomes the contribution that the Executive has made to the debate so far, and calls on the Executive to press the Convention to bring forward proposals for strengthening the profile of the Subsidiarity Principle in the EU treaties, adopting a new mechanism for enforcing it which allows for full Sub-Member State Administration involvement, making greater use of framework legislation, consulting Sub-Member State Administrations at an early stage of policy development, generating greater transparency in European decision-making and introducing financial impact assessments for legislative proposals.

Fiona Hyslop moved amendment S1M-3678.1 to motion S1M-3678—

Leave out from “Scottish Executive’s” to end and insert—

“Convention’s proposal for a constitution or constitutional treaty for the European Union which will delimit the powers of the EU and member states; believes that the people of Scotland must be given the opportunity to approve any such treaty in a referendum; supports the Liege Declaration and the European Committee’s calls for powers for sub-member state legislatures that would give Scotland full access to the European Court of Justice; urges the Scottish Executive to actively pursue this objective, and recognises that the most effective representation in the EU for small nations like Scotland is gained by full membership.”

After debate, the amendment was disagreed to ((DT) by division: For 27, Against 80, Abstentions 1).

Ben Wallace moved amendment S1M-3678.2 to motion S1M-3678—

Leave out from second “welcomes” to “so far” and insert—

“condemns the Scottish Executive’s failure to engage Scottish civil society in the debate; is disappointed in the inconsistent position of Her Majesty’s Government and the Prime Minister on the future shape of the EU; further re-affirms the principle of unanimity in key policy sectors”

After debate, the amendment was disagreed to ((DT) by division: For 17, Against 69, Abstentions 23).

The motion was then agreed to ((DT) by division: For 64, Against 19, Abstentions 26).

8.      Establishment of Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3683—That the Parliament agrees to establish a committee of the Parliament as follows—

Name of Committee: National Galleries of Scotland Bill Committee

Remit: To consider the National Galleries of Scotland Bill

Duration: Until the Bill is passed, or falls or is otherwise no longer in progress

Convenership: The Convener will be a member of the Labour Party and the Deputy Convener a member of the Scottish Conservative and Unionist Party

Membership: Rhona Brankin, Maureen Macmillan, Alasdair Morgan, Mrs Margaret Smith and John Young.

The motion was agreed to (DT).

9.      Establishment of Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3685—That the Parliament agrees to establish a Consolidation Committee of the Parliament as follows—

Name of Committee: Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill Committee

Remit: To consider the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill

Duration: Until the Bill is passed, or falls or is otherwise no longer in progress

Convenership: The Convener will be a member of the Scottish Conservative and Unionist Party and the Deputy Convener a member of the Labour Party

Membership: Brian Fitzpatrick, Murdo Fraser, Duncan Hamilton, Gordon Jackson and John Farquhar Munro.

The motion was agreed to (DT).

10.    Decision Time: The Parliament took decisions on items 1, 2, 3, 4, 7, 8 and 9 as noted above.

11.    Osteoporosis: The Parliament debated S1M-3508 in the name of Fergus Ewing—That the Parliament notes that osteoporosis is a major public health problem which results in more than 20,000 fractures a year in Scotland, that the cost of osteoporotic fractures in the United Kingdom each year is estimated at over £1.7 billion and that one third of women and one in 12 men over 50 will suffer an osteoporotic fracture; further notes that with an ageing population profile this problem will become even more serious; is aware that osteoporosis is both treatable and largely preventable; welcomes the fact that the public and health professionals are becoming increasingly aware of osteoporosis as a major health problem but is concerned that health service provision throughout Scotland is patchy and that access to diagnostic testing and monitoring varies around the country; believes that sufficient funding can be made available so that all patients have equal access to services for both the diagnosis and treatment of osteoporosis and that all patients suffering a fragility fracture or having other risk factors for the disease should be assessed for the presence of osteoporosis, and further believes that public health campaigns should be promoting the importance of lifestyle factors as influencing bone health and preventing osteoporosis.

The meeting closed at 5.50pm.

No. 36 Wednesday 11 December 2002

The meeting opened at 2.30pm

1.      Time for Reflection: The Reverend Sandy Young, Lead Chaplain at the Lothian University Hospitals NHS Trust, Edinburgh, led Time for Reflection.

2.      Mental Health (Scotland) Bill – Stage 1: The Minister for Health and Community Care (Malcolm Chisholm) moved S1M-3398—That the Parliament agrees to the general principles of the Mental Health (Scotland) Bill.

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

3.      Mental Health (Scotland) Bill – Financial Resolution: The Deputy Minister for Finance and Public Services (Peter Peacock) moved S1M-3446—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Mental Health (Scotland) Bill, agrees to any expenditure payable out of the Scottish Consolidated Fund in consequence of the Act.

The motion was agreed to (DT).

4.      Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3695—That the Parliament agrees that the draft Scottish Local Government Elections Regulations 2002 be approved.

The motion was agreed to (DT).

5.      Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3696—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.15) (Scotland) Order 2002 (SSI 2002/511) be approved.

The motion was agreed to (DT).

6.      Decision Time: The Parliament took decisions on items 2, 3, 4 and 5 as noted above.

7.      The Sale of The Herald, Sunday Herald and Evening Times: The Parliament debated S1M-3589 in the name of Karen Gillon—That the Parliament notes the proposed sale by Scottish Media Group of the titles The Herald, Sunday Herald and Evening Times; recognises the contribution these titles make in providing Scotland with diverse media, and therefore considers that the Scottish Executive should make representations to Her Majesty's Government to ensure that any sale does not lead to a monopoly situation.

The meeting closed at 5.44 pm.

No. 37 Thursday 12 December 2002

The meeting opened at 9.30am.

1.      Children’s and Young People’s Services in Scotland: Irene McGugan moved S1M-3698—That the Parliament commends the recent reports into children’s services of the Child Protection Audit and Review, It’s everyone’s job to make sure I’m alright, Audit Scotland, Dealing with offending by young people and the Scottish Committee of the Council on Tribunals, Special Report on the Children’s Hearings System; notes in particular the references to the need to address urgently the crisis in the recruitment and retention of social workers; urges the Scottish Executive to give serious consideration to this matter and to the other recommendations in the reports and to act upon them; agrees that, when implemented, the recommendations would offer substantial improvements to the services for our most vulnerable children and young people; recommends bringing forward legislation to provide a statutory basis for child protection committees thereby ensuring increased status and resources and uniformly high quality services across the country, and recognises the need for the Scottish Executive to tackle once and for all the underlying social problems which disfigure our nation by limiting the chances of Scottish children, too many of whom continue to live in poverty.

The Minister for Education and Young People (Cathy Jamieson) moved amendment S1M-3698.2 to motion S1M-3698—

Leave out from “commends” to end and insert—

“welcomes the constructive recommendation of the recent reports into children’s services, the Child Protection Review, It’s Everyone’s Job to make Sure I’m Alright, the Audit Scotland report, Dealing with Offending by Young People and the Scottish Committee of the Council on Tribunals’ report into Children’s Hearings; notes the need to address recruitment and retention of social workers and welcomes progress in the Executive’s Action Plan for Social Services; notes that the reports highlight a need to continue to focus on delivery which improves outcomes for Scotland’s children, and agrees that the Executive should continue to address the problems of poverty and exclusion and close the opportunity gap.”

Bill Aitken moved amendment S1M-3698.1 to motion S1M-3698—

Leave out from “in particular” to end and insert—

“the concern expressed within reports about the pressures facing children’s hearings and the inadequate nature of the resources and disposals available; acknowledges that the problems of youth disorder must be given high priority if the right to peace and security at home and in the community is to be protected; calls upon the Scottish Executive to introduce an increased range of disposals for children’s hearings, including weekend and evening detention, restriction of liberty orders and expansion of supervised attendance orders and community service orders along with an increase in secure accommodation and a substantial increase in police officers visible in our communities, and recognises that, while much material poverty has been alleviated, 21st Century forms of vulnerability require policies that create wealth and provide economic opportunity and security for all, which can only happen within a framework of public order in which people have the security of strong families, communities and high quality public services.”

After debate, amendment S1M-3698.2 was agreed to ((DT) by division: For 67, Against 4, Abstentions 49). As a result, amendment S1M-3698.1 was pre-empted.

The motion as amended was then agreed to ((DT) by division: For 69, Against 1, Abstentions 50).

Accordingly the Parliament resolved—That the Parliament welcomes the constructive recommendation of the recent reports into children’s services, the Child Protection Review, It’s Everyone’s Job to make Sure I’m Alright, the Audit Scotland report, Dealing with Offending by Young People and the Scottish Committee of the Council on Tribunals’ report into Children’s Hearings; notes the need to address recruitment and retention of social workers and welcomes progress in the Executive’s Action Plan for Social Services; notes that the reports highlight a need to continue to focus on delivery which improves outcomes for Scotland’s children, and agrees that the Executive should continue to address the problems of poverty and exclusion and close the opportunity gap.

2.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau moved S1M-3694—That the Parliament agrees—

(a) as a revision to the business programme agreed on 5 December 2002—

Thursday 12 December 2002

after “Business Motion” insert—

“followed by                     Motion on appointment of Scottish Information Commissioner

followed by                      Parliamentary Bureau Motions”

(b) the following programme of business—

Wednesday 18 December 2002

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 1 Debate on Homelessness etc. (Scotland) Bill

followed by                      Financial Resolution in respect of Homelessness etc. (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business – debate on the subject of S1M-3526 Marilyn Livingstone: Solvent Abuse

Thursday 19 December 2002

9:30 am                          Finance Committee Debate on its 7th Report on Stage 2 of the 2003-04 Budget Process

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Stage 1 Debate on Agricultural Holdings (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business - debate on the subject of S1M-3393 Alex Neil: Firefighters and Fire Control Staff

Wednesday 8 January 2003

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 3 of Local Government in Scotland Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

Thursday 9 January 2003

9:30 am                          Debate on the draft Scottish Parliament (Disqualification) Order 2003

followed by                      Stage 1 Debate on the Council of the Law Society of Scotland Bill

followed by                      PreliminaryStage Debate on Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Executive Debate on the Review of Child Protection

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

and (c) that Stage 2 of the Building (Scotland) Bill be completed by 22 January 2003.

The motion was agreed to.

3.      Motion without Notice: Fergus Ewing moved without notice that motion S1M-3706 be taken at this meeting of the Parliament.

After debate, the motion was disagreed to (by division: For 52, Against 54, Abstentions 0).

4.      Appointment of Scottish Information Commissioner: Jackie Baillie, on behalf of the Selection Panel, moved S1M-3701—That the Parliament nominates Kevin Dunion to Her Majesty The Queen for appointment as the Scottish Information Commissioner.

After debate, the motion was agreed to ((DT) by division: For 91, Against 15, Abstentions 14).

5.      Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3702—That the Parliament agrees that the draft Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 be approved.

Alex Fergusson moved amendment S1M-3702.1 to motion S1M-3702—

Insert at end—

“but, in doing so, notes amendments S1M-3621.1 and S1M-3621.2 which were approved by the Rural Development Committee on 10 December 2002 and therefore regrets the exclusion from the boundaries of the Cairngorms National Park of those areas of Highland Perthshire and Drumochter, including the forest of Atholl, Beinn a ‘Ghlo and Blair Atholl, all of which were recommended for inclusion within the park’s boundary by Scottish Natural Heritage in its report, prepared for the Scottish Executive, on the proposal for a National Park in the Cairngorms, and is concerned that, if these areas remain excluded, the attainment by the park of World Heritage Status may be put in jeopardy, and further regrets that the Order does not include the Gaelic translation of Cairngorms National Park which is Pàirc Nàiseanta a’ Chàirn Ghuirm.”

After debate, the amendment was disagreed to ((DT) by division: For 57, Against 63, Abstentions 0).

The motion was then agreed to ((DT) by division: For 100, Against 20, Abstentions 0).

6.      Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3703—That the Parliament agrees that the draft Cairngorms National Park Elections (Scotland) Order 2003 be approved.

The motion was agreed to (DT).

7.      Question Time: Questions were answered by the First Minister and other Ministers and junior Scottish Ministers.

8.      Fisheries 2003: The Minister for Environment and Rural Development (Ross Finnie) moved S1M-3700—That the Parliament supports the Scottish Executive in its efforts to negotiate an outcome from the Fisheries Council meeting in December 2002 that reflects both the best achievable deal for the Scottish fishing industry and the fishing communities that depend on it and the need to preserve stocks for the long term.

Richard Lochhead moved amendment S1M-3700.2 to motion S1M-3700—

Leave out from “supports” to end and insert—

“urges the Scottish Executive to officially lead the UK delegation at next week’s Fisheries Council with a view to opposing vigorously any draconian cuts in fishing opportunities; calls on the Executive to propose that viable quotas be set that will allow the fleet to return to sea in the new year, providing the opportunity for states with a direct interest in the North Sea and the Irish Sea to bring forward management plans later in 2003 that promote fisheries conservation and secure a future for our fisheries communities, and further calls on the Minister for Environment and Rural Development to engage directly with other EU states and Norway to achieve this objective.”

After debate, the amendment was disagreed to ((DT) by division: For 35, Against 83, Abstentions 0).

Mr Jamie McGrigor moved amendment S1M-3700.1 to motion S1M-3700—

Leave out from “supports” to end and insert—

“recognises the importance of sustainable fisheries for the well-being of the Scottish fishing industry and fishing communities and therefore strongly rejects any advice that would close Scotland’s mixed fishery; believes that more time is required to assess truly the current state of fish stocks and the effects of the conservation measures already taken by Scottish fishermen; believes that elected MEPs should have the opportunity to debate and vote on any new quota cuts before they are implemented; urges fisheries ministers Ross Finnie and Elliot Morley to ensure that they do not preside over the decimation of Scotland’s fishing industry but instead achieve an outcome that is fair and equitable to Scottish fishermen, and ultimately believes that the Common Fisheries Policy of collective management has failed and therefore should be scrapped and replaced by national and local control and management of European waters as the only way to ensure future sustainability of fish stocks and thus the fishing industry.”

After debate, the amendment was disagreed to ((DT) by division: For 17, Against 70, Abstentions 33).

The motion was then agreed to (DT).

9.      Decision Time: The Parliament took decisions on items 1, 4, 5, 6 and 8 as noted above.

10.    Debt and Lending: The Parliament debated S1M-3464 in the name of Donald Gorrie—That the Parliament is concerned by the number of households badly affected by debt and by the contribution to debt problems made by banks, retailers issuing credit cards, building societies and money lenders vigorously encouraging people to borrow more money, when they are already heavily in debt or obviously have no means of repaying the loan, and as regulation in this sphere is outwith the powers of the Parliament, believes that the Scottish Executive should address this issue by means of holding discussions with these lending bodies to seek voluntary agreements that they will not advertise or press credit on people that are manifestly not creditworthy and should ask the banks instead to lend money to credit unions for them to lend to people of limited means on the basis of such unions’ better assessment of the likelihood of each loan.

The meeting closed at 5.49 pm.

No. 38 Wednesday 18 December 2002

The meeting opened at 2.30pm.

1.      Time for Reflection: The Most Reverend Mario Conti, Archbishop of Glasgow, led Time for Reflection.

2.      Homelessness etc. (Scotland) Bill – Stage 1: The Minister for Social Justice (Ms Margaret Curran) moved S1M-3397—That the Parliament agrees to the general principles of the Homelessness etc. (Scotland) Bill.

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

3.      Homelessness etc. (Scotland) Bill – Financial Resolution: The Deputy Minister for Finance and Public Services (Peter Peacock) moved S1M-3439—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Homelessness etc. (Scotland) Bill, agrees to any increase in expenditure payable out of the Scottish Consolidated Fund in consequence of the Act.

The motion was agreed to (DT).

4.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3719—That the Parliament agrees—

(a) as a revision to the business programme agreed on 12 December 2002—

Thursday 19 December 2002

after—

“9.30 am                         Finance Committee Debate on its 7th Report on Stage 2 of the 2003/2004 Budget Process”

insert—

“followed by                     Procedures Committee Motion on its 4th, 5th, 6th and 7th Reports 2002 on Changes to Standing Orders”

(b) the following programme of business—

Wednesday 8 January 2003

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 3 of Local Government in Scotland Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

Thursday 9 January 2003

9:30 am                          Debate on the draft Scottish Parliament (Disqualification) Order 2003

followed by                      Stage 1 Debate on the Council of the Law Society of Scotland Bill

followed by                      Preliminary Stage Debate on Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Executive Debate on the Review of Child Protection

5:00 pm                          Decision Time

followed by                      Members' Business

Wednesday 15 January 2003

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 1 Debate on Commissioner for Children and Young People (Scotland) Bill

followed by                      Transport and the Environment Committee Debate on its 15th Report 2002 on Inquiry into the Rail Industry in Scotland

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

Thursday 16 January 2003

9:30 am                          Scottish National Party Business

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Stage 1 Debate on Dog Fouling (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

(c) that the Justice 1 Committee reports to the Justice 2 Committee by 14 January 2003 on the draft Extended Sentences for Violent Offenders (Scotland) Order 2003;

and (d) that Stage 2 of the Mental Health (Scotland) Bill be completed by 19 February 2003.

The motion was agreed to.

5.      Decision Time: The Parliament took decisions on items 2 and 3 as noted above.

6.      Solvent Abuse: The Parliament debated S1M-3526 in the name of Marilyn Livingstone—That the Parliament recognises the work of the O’Brien family from Fife in setting up the Lee O’Brien Solvent Trust (LOST); acknowledges the very real threat to young lives posed by solvent abuse; believes that new practical preventative measures are required to control sales of lighter refill gas; notes the support of 18 local authorities for the actions of the LOST campaign and the thousands of individuals who have signed the LOST campaign petition, and considers that the Scottish Executive should take measures to increase protection from solvent abuse through education and, where necessary, legislation.

The meeting closed at 5.35 pm.

No. 39 Thursday 19 December 2002

The meeting opened at 9.30am.

1.      Finance Committee, Stage 2 of the 2003/04 Budget Process: Mr Tom McCabe, on behalf of the Finance Committee, moved S1M-3708—That the Parliament notes the 7th Report 2002 of the Finance Committee, Stage 2 of the 2003/04 Budget Process (SP Paper 709).

Nicola Sturgeon moved amendment S1M-3708.1 to motion S1M-3708—

Insert at end—

 “but calls on the Scottish Executive to transfer from the DEL capital budget to the health and community care budget £30 million, £30 million and £29 million for 2003-04, 2004-05 and 2005-06 respectively to fund a discretionary trust that will make ex gratia payments to all people who can demonstrate, on the balance of probabilities, that they received blood, blood products or tissues from the NHS in Scotland and were subsequently found to be infected with the Hepatitis C virus.”

Margaret Smith moved amendment S1M-3708.1.1 to amendment S1M-3708.1—

Leave out from “but calls” to end and insert—

“and, in so doing, commends the Health and Community Care Committee for its work in addressing the position of those who have contracted hepatitis C from blood products; endorses the importance of finding ways to help and support these people; further notes that discussions are in progress between Scottish Executive health ministers and colleagues in Her Majesty's Government on the potential implications arising from the advice of the Expert Group on Financial and Other Support, and stresses the need for the Minister for Health and Community Care to return to the Health and Community Care Committee in January 2003 to report on progress.”

After debate, amendment S1M-3708.1.1 was agreed to ((DT) by division: For 79, Against 25, Abstentions 0).

Amendment S1M-3708.1 as amended was then agreed to (DT).

The motion as amended was then agreed to (DT).

Accordingly, the Parliament resolved—That the Parliament notes the 7th Report 2002 of the Finance Committee, Stage 2 of the 2003-04 Budget Process (SP Paper 709) and, in so doing, commends the Health and Community Care Committee for its work in addressing the position of those who have contracted hepatitis C from blood products; endorses the importance of finding ways to help and support these people; further notes that discussions are in progress between Scottish Executive health ministers and colleagues in Her Majesty's Government on the potential implications arising from the advice of the Expert Group on Financial and Other Support, and stresses the need for the Minister for Health and Community Care to return to the Health and Community Care Committee in January 2003 to report on progress.

2.      Procedures Committee, Changes to Standing Orders: Mr Kenneth Macintosh, on behalf of the Procedures Committee, moved S1M-3716—That the Parliament approves the recommendations (a) for changes to the Standing Orders of the Scottish Parliament concerning Private Legislation, Temporary Conveners and the Journal of the Scottish Parliament contained in the Procedures Committee's 4th Report 2002, Changes to Standing Orders concerning the Scottish Parliamentary Standards Commissioner, European Committee remit, Private Legislation, Temporary Conveners and the Journal of the Scottish Parliament (SP Paper 665), (b) of the Procedures Committee's 5th Report 2002, Constituting the Conveners' Group (SP Paper 682), (c) of the Procedures Committee's 6th Report 2002, Changes to Standing Orders concerning Written Parliamentary Questions and the Languages of Public Petitions (SP Paper 693) and (d) of the Procedures Committee's 7th Report 2002, A Change to Standing Orders concerning the remit of the Audit Committee (SP Paper 692)and agrees that those amendments to the Standing Orders should come into force on 6 January 2003.

The motion was agreed to (DT)

3.      Question Time: Questions were answered by the First Minister and other Ministers and junior Scottish Ministers.

4.      Agricultural Holdings (Scotland) Bill – Stage 1: The Deputy Minister for Environment and Rural Development (Allan Wilson) moved S1M-3396—That the Parliament agrees to the general principles of the Agricultural Holdings (Scotland) Bill.

Alex Fergusson moved amendment S1M-3396.1 to motion S1M-3396—

Insert at end—

“but, in doing so, regrets that the provision in the bill of a right to buy for some tenants has already led to a significant reduction in the amount of land let under medium- and long-term arrangements, and believes that the enactment of such a provision will minimise land available for rent, including holdings under the new tenancies proposed in the bill, confining tenancies to those of a very short-term nature with a resultant negative impact on the management of the tenanted sector.”

After debate, the amendment was disagreed to ((DT) by division: For 15, Against 89, Abstentions 0).

The motion was then agreed to ((DT) by division: For 90, Against 15, Abstentions 0).

5.      Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3720—That the Parliament agrees that the draft Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2002 be approved.

The motion was agreed to (DT)

6.      Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3721—That the Parliament agrees that the draft Scottish Local Government Elections Regulations 2002 be approved.

The motion was agreed to (DT).

7.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3722—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Extended Sentences for Violent Offenders (Scotland) Order 2003.

The motion was agreed to (DT).

8.      Decision Time: The Parliament took decisions on items 1, 2, 4, 5, 6 and 7 as noted above.

9.      Firefighters and Fire Control Staff: The Parliament debated S1M-3393 in the name of Alex Neil—That the Parliament recognises the valuable and courageous work undertaken by the fire service and believes that a new pay formula together with a commensurate level of pay for firefighters and emergency fire control staff should be introduced to ensure that these accurately reflect the highly skilled and professional role which they undertake.

10.    Motion without Notice: Alex Neil moved without notice that, under Rule 8.14.3, the debate be extended until 6.00pm.

The motion was agreed to.

The meeting closed at 6.02 pm.

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