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No. 40  Wednesday 8 January 2003

The meeting opened at 1.00 pm.

1.      Time for Reflection: The Right Reverend Neville Chamberlain, Bishop of Brechin, Scottish Episcopal Church, led Time for Reflection.

2.      Ministerial Statement: The Minister for Environment and Rural Development (Ross Finnie) made a statement on fisheries.

3.      Local Government in Scotland Bill – Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3749—That the Parliament agrees that, at Stage 3 of the Local Government in 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 5 – no later than 35 minutes

Groups 6 to 13 – no later than 1 hour 5 minutes

Groups 14 to 21 – no later than 1 hour 45 minutes

Group 22 – no later than 2 hours

Motion to pass the Bill – no later than 2 hours 30 minutes

The motion was agreed to.

4.      Motion Without Notice: Michael Russell moved without notice—That the Parliament calls upon the member in charge of the Local Government in Scotland Bill to propose that any sections relating to section 19 of the Fire Services Act 1947 which may be agreed to at Stage 3 be referred back to the Local Government Committee for further Stage 2 consideration as permitted under Rule 9.8.6.

After debate, the motion was disagreed to (by division: For 55, Against 57, Abstentions 2).

5.      Local Government in Scotland Bill – Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 5, 6, 49, 50, 7, 56, 9, 10, 11, 12, 13, 14, 15, 16, 17, 51, 52, 53, 18, 54, 19, 20. 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 4, 40, 41, 42, 43, 55, 44, 45, 46, 60, 61, 62.

The following amendments were disagreed to (by division)—

            1          (For 27, Against 80, Abstentions 0)

            3          (For 27, Against 81, Abstentions 0)

            59        (For 56, Against 56, Abstentions 2; amendment disagreed to on casting vote)

Amendment 57 was moved and, with the agreement of the Parliament, withdrawn.

Other amendments were not moved.

6.      Decision Time: Euan Robson on behalf of the Parliamentary Bureau, moved S1M-3755—That the Parliament agrees under Rule 11.2.4 of the Standing Orders that Decision Time on Wednesday 8 January 2003 be taken at 5.35 pm.

The motion was agreed to.

7.      Local Government in Scotland Bill – Stage 3: The Deputy Minister for Finance and Public Services moved S1M-3652—That the Parliament agrees that the Local Government in Scotland Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 96, Against 0, Abstentions 17).

8.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3747—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003.

The motion was agreed to (DT).

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

10.    Drugs and Driving: The Parliament debated S1M-2874 in the name of Bristow Muldoon—That the Parliament expresses concern about the number of lives lost in road traffic crashes that may have been caused by people driving whilst under the influence of legal and illegal drugs; recognises that, in law, driving while unfit through drugs is an offence; notes that Transport Research Laboratory tests demonstrated a significant increase between the 1980s and 1990s in the percentage of people testing positive for illegal drugs who have been involved in fatal collisions; welcomes the launch by the British Medical Association of its web resource on research that has been undertaken and is currently in progress; considers that there should be speedier and more specific and co-ordinated research in order that appropriate and conclusive drug testing devices can be introduced, and believes that there should be a Scottish campaign in order to educate the public that the side effects of illegal and certain prescribed drugs can affect their ability to drive.

The meeting closed at 6.24 pm.

No. 41 Thursday 9 January 2003

The meeting opened at 9.30 am.

1.      The Draft Scottish Parliament (Disqualification) Order 2003: The Deputy Minister for Parliament (Euan Robson) moved S1M-3744—That the Parliament agrees that the draft Scottish Parliament (Disqualification) Order 2003 be approved.

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

2.      Council of the Law Society of Scotland Bill – Stage 1: David McLetchie moved S1M-3743—That the Parliament agrees to the general principles of the Council of the Law Society of Scotland Bill.

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

3.      Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill – Preliminary Stage: Mr Tom McCabe, on behalf of the Committee, moved S1M-3728—That the Parliament agrees to the general principles of the Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill and that the bill should proceed as a Private Bill.

After debate, the motion was agreed to ((DT) by division: For 98, Against 12, Abstentions 2).

4.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3745—That the Parliament agrees—

(a) the following programme of 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

Wednesday 22 January 2003

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 3 of Land Reform (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

Thursday 23 January 2003

9:30 am                          Continuation of Stage 3 of Land Reform (Scotland) Bill

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Continuation of Stage 3 of Land Reform (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

and (b) that the Justice 2 Committee and the Transport and the Environment Committee report to the Justice 1 Committee by 17 January 2003 on the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) 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.      Review of Child Protection: The Minister for Education and Young People (Cathy Jamieson) moved S1M-3748—That the Parliament notes the findings of the report of the Child Protection Audit and Review, It’s everyone’s job to make sure I’m alright; expresses concern that, despite examples of good practice in child protection across Scotland, many children and young people are still at risk of abuse and neglect, and supports the Scottish Executive’s plans for a sustained programme of reform, building on effective inter-agency working, and its continued emphasis on closing the opportunity gap for Scotland’s most vulnerable young people.

Irene McGugan moved amendment S1M-3748.2 to motion S1M-3748—

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

“condemns the Scottish Executive’s failure to deal effectively with this problem despite almost four years in government in Scotland, and commends a response based on effective, committed and sustained support of mainstream, front-line child protection services, in both financial and political terms.”

After debate, the amendment was disagreed to ((DT) by division: For 50, Against 66 Abstentions 0).

Bill Aitken moved amendment S1M-3748.1 to motion S1M-3748—

Leave out from “and supports" to end and insert—

"calls for an overhaul of the children's hearings system which would not only better deal with young offenders, but offer greater protection to vulnerable young Scots, and further calls for a substantial increase in the number of police officers visible within our communities to deter and detect crime which would help make all sections of society safer."

After debate, the amendment was disagreed to ((DT) by division: For 18, Against 98, Abstentions 0).

The motion was then agreed to ((DT) by division: For 87, Against 0, Abstentions 29).

7.      Substitution on Committees: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3746—That the Parliament agrees the following nominated committee substitutes for the Liberal Democrat Party as permitted under Rule 6.3A—

       George Lyon                                              Equal Opportunities Committee 

       Nora Radcliffe                                            Rural Development Committee

The motion was agreed to (DT).

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

9.      Breast Cancer Awareness: The Parliament debated S1M-3485 in the name of Mr Keith Harding—That the Parliament congratulates all the voluntary and research agencies involved for their efforts in highlighting Breast Cancer Awareness Month; recognises the importance of continuing research into the diagnosis and treatment of breast cancer, building upon major advances achieved over past decades; records its thanks to all the medical and ancillary staff involved for their unstinting kindness and support to patients and their families, and considers that the Scottish Executive should ensure that funding is made available for increasing awareness, research, providing treatment and support  and all other aspects of breast cancer care.

The meeting closed at 5.52 pm.

No. 42 Wednesday 15 January 2003

The meeting opened at 2.30 pm.

1.      Time for Reflection: Sister Marie O’Dea, Project Leader of the Wayside Day Centre for Homeless People in Glasgow, led Time for Reflection.

2.      Commissioner for Children and Young People (Scotland) Bill – Stage 1: Karen Gillon, on behalf of the Education, Culture and Sport Committee, moved S1M-3689—That the Parliament agrees to the general principles of the Commissioner for Children and Young People (Scotland) Bill.

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

3.      Transport and the Environment Committee, Report on Inquiry into the Rail Industry in Scotland: Bristow Muldoon, on behalf of the Transport and the Environment Committee, moved S1M-3754—That the Parliament notes the 15th Report 2002 of the Transport and the Environment Committee, Report on Inquiry into the Rail Industry in Scotland (SP Paper 674).

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

4.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3768—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No.4) 2002 (SSI 2002/568).

The motion was agreed to (DT).

5.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3769—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002 (SSI 2002/567).

The motion was agreed to (DT).

6.      Suspension of Standing Orders: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3771—That the Parliament agrees that Rule 5.6.1 (c) be suspended for the Meeting of the Parliament on Wednesday 29 January 2003.

The motion was agreed to (DT).

7.      Decision Time: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3772—That the Parliament agrees under Rule 11.2.4 of the Standing Orders that Decision Time on Wednesday 29 January 2003 be taken at 7.00 pm.

The motion was agreed to (DT).

8.      Decision Time: The Parliament took decisions on items 2, 3, 4, 5, 6, and 7 as noted above.

9.      Glasgow to Barra Air Link Public Service Obligation: The Parliament debated S1M-3758 in the name of Duncan Hamilton—That the Parliament notes with concern the decision to announce a one year contract for the Glasgow to Barra air link; recognises that such contracts are normally awarded for the three years of a public service obligation (PSO) order; recognises the unanimous view of the community that any loss of the direct air link would result in damage to the local economy and tourism and create hardship for those attending hospital and receiving life-saving treatment in Glasgow and beyond; notes that the Deputy Minister for Transport, Lewis Macdonald MSP, attended a meeting on the island of Barra and assured islanders that their genuine concerns would be taken seriously and fed into the Scottish Executive review; further recognises that this proposal is undermining confidence in the long-term viability of the air service, and considers that the Scottish Executive should ensure that the review is completed on or before the end of March.

10.       Motion without Notice: Alasdair Morrison 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 6.00 pm.

No. 43 Thursday 16 January 2003

The meeting opened at 9.30 am.

1.      The Current International Situation: Mr John Swinney moved S1M-3760—That the Parliament endorses United Nations Security Council Resolution 1441 on the basis that it provides a mandate for weapons inspection in Iraq; welcomes the legal opinion of Matrix Chambers on behalf of CND which concluded that Resolution 1441 does not provide an authorisation for military action in Iraq and that any such use of force would breach international law; believes that UN weapons inspectors must be afforded total freedom of access in Iraq and to all evidence in the possession of other states, together with sufficient time in order to produce a comprehensive report for the consideration of the Security Council on the state of Iraqi compliance with the resolution; believes that no commitment of UK forces should be made without a specific mandate for military action in Iraq in the form of a further Security Council resolution based on clear, published and compelling evidence provided by the UN inspectorate of a material breach of Resolution 1441, and expresses its deep and serious concern that Her Majesty's Government is currently pursuing an inevitable path to war.

Mr Tom McCabe moved amendment S1M-3760.3 to motion S1M-3760—

Leave out from “endorses” to end and insert—

 “notes the United Nations Security Council Resolution 1441 as unanimously adopted by the Security Council; agrees that the Government of Iraq must comply fully with all the provisions of that resolution and that, if it fails to do so, the Security Council should meet in order to consider the situation and the need for full compliance; notes that a further material breach of Iraq’s obligations under Resolution 1441 will be reported to the Security Council for assessment; further notes that responsibility for policy on this matter lies with Her Majesty’s Government, and also notes the current support given to the Middle East peace process by Her Majesty’s Government.”

Phil Gallie moved amendment S1M-3760.3.1 to amendment S1M-3760.3—

Insert at end—

“and extends its full support to our armed forces if, as a consequence of an Iraqi failure to comply, military action should prove necessary.”

After debate, amendment S1M-3760.3.1 was agreed to ((DT) by division: For 20, Against 3, Abstentions 98).

Tavish Scott moved amendment S1M-3760.2 to motion S1M-3760—

Leave out from “endorses” to end and insert—

“recognises the reserved nature of issues relating to the current international situation and the public concerns that exist and therefore agrees to support UN Security Resolution 1441 as unanimously adopted by the UN Security Council; agrees that the Government of Iraq must fully comply with all the provisions of the resolution; agrees that, if it fails to do so, the UN Security Council should meet in order to consider the situation and the need for full compliance; believes that any decision that Iraq is in “material breach” of Resolution 1441 is for the UN Security Council as a whole to determine and that no military action to enforce Resolution 1441 should be taken against Iraq without a mandate from the UN Security Council, and further believes that no British forces should be committed to any military action against Iraq without a debate in the House of Commons and a substantive motion in favour.”

The amendment was, with the leave of the Parliament, withdrawn.

Tommy Sheridan moved amendment S1M-3760.1 to motion S1M-3760—

leave out from second “believes” to end and insert—

“considers the Iraq inspections should be the first stage in comprehensive investigations of weapons of mass destruction possessed and being pursued by states throughout the world, including the USA, UK, Israel, Pakistan, India, North Korea, Russia and any others who must be persuaded to allow full and comprehensive assessments of nuclear, chemical, biological and other weapons of mass destruction, with a view of pursuing genuine and all-encompassing disarmament of such weapons throughout the world; believes that there is no moral, humanitarian or military reason to go to war with Iraq whether or not the UN gives its approval, and therefore calls on all MSPs to oppose the coming war by all means possible including civil disobedience.”

The amendment was, with the leave of the Parliament, withdrawn.

Tavish Scott moved amendment S1M-3760.3.3 to amendment S1M-3760.3—

leave out from “notes” to end and insert—

“recognises the reserved nature of issues relating to the current international situation and the public concerns that exist and therefore agrees to support UN Security Resolution 1441 as unanimously adopted by the UN Security Council; agrees that the Government of Iraq must fully comply with all the provisions of the resolution; agrees that, if it fails to do so, the UN Security Council should meet in order to consider the situation and the need for full compliance; believes that any decision that Iraq is in “material breach” of resolution 1441 is for the UN Security Council as a whole to determine and that no military action to enforce Resolution 1441 should be taken against Iraq without a mandate from the UN Security Council, and further believes that no British forces should be committed to any military action against Iraq without a debate in the House of Commons and a substantive motion in favour.”

After debate, amendment S1M-3760.3.3 was disagreed to ((DT) by division: For 51, Against 67, Abstentions 3).

Tommy Sheridan moved amendment S1M-3760.3.2 to amendment S1M-3760.3—

leave out from “notes” to end and insert—

“endorses United Nations Security Council Resolution 1441 on the basis that it provides a mandate for weapons inspection in Iraq; welcomes the legal opinion of Matrix Chambers on behalf of CND which concluded that Resolution 1441 does not provide an authorisation for military action in Iraq and that any such use of force would breach international law; believes that UN weapons inspectors must be afforded total freedom of access in Iraq and to all evidence in the possession of other states, together with sufficient time in order to produce a comprehensive report for the consideration of the Security Council on the state of Iraqi compliance with the resolution; considers the Iraq inspections should be the first stage in comprehensive investigations of weapons of mass destruction possessed and being pursued by states throughout the world, including the USA, UK, Israel, Pakistan, India, North Korea, Russia and any others who must be persuaded to allow full and comprehensive assessments of nuclear, chemical, biological and other weapons of mass destruction, with a view of pursuing genuine and all-encompassing disarmament of such weapons throughout the world; believes that there is no moral, humanitarian or military reason to go to war with Iraq whether or not the UN gives its approval, and therefore calls on all MSPs to oppose the coming war by all means possible including civil disobedience.”

After debate, amendment S1M-3760.3.2 was disagreed to ((DT) by division: For 6, Against 112, Abstentions 3).

Amendment S1M-3760.3 as amended was then agreed to ((DT) by division: For 66, Against 51, Abstentions 3).

The motion as amended was then agreed to ((DT) by division: For 67, Against 51, Abstentions 3).

Accordingly, the Parliament resolved—That the Parliament notes the United Nations Security Council Resolution 1441 as unanimously adopted by the Security Council; agrees that the Government of Iraq must comply fully with all the provisions of that resolution and that, if it fails to do so, the Security Council should meet in order to consider the situation and the need for full compliance; notes that a further material breach of Iraq’s obligations under Resolution 1441 will be reported to the Security Council for assessment; further notes that responsibility for policy on this matter lies with Her Majesty’s Government, and also notes the current support given to the Middle East peace process by Her Majesty’s Government and extends its full support to our armed forces if, as a consequence of an Iraqi failure to comply, military action should prove necessary.

The meeting was suspended from 12.58 pm to 1.10 pm.

2.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau moved S1M-3767— That the Parliament agrees—

(a) the following programme of business—

Wednesday 22 January 2003

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 3 Debate of Land Reform (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business – debate on the subject of S1M-3430 Brian Adam: Safety Campaign on Diesel Spills

Thursday 23 January 2003

9:30 am                          Continuation of Stage 3 of Land Reform (Scotland) Bill

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Continuation of Stage 3 of Land Reform (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business – debate on the subject of S1M-3751 George Lyon: Rural Communities and Renewable Energy

Wednesday 29 January 2003

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 3 of Water Environment and Water Services (Scotland) Bill

followed by                      Parliamentary Bureau Motions

7:00 pm                          Decision Time

Thursday 30 January 2003

9:30 am                          Green Party and Scottish Socialist Party Business

followed by                      Business Motion

followed by                      Members' Business

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Stage 1 debate on the Budget (Scotland) Bill

followed by                      Scottish Parliamentary Corporate Body’s nomination for the Scottish Parliamentary Standards Commissioner

followed by                      Standards Committee motion on changes to the Code of Conduct

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 20th January 2003 on the Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002 and on the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No.4) 2002;

and (c) that Stage 2 of the Law Society of Scotland Bill be completed by 28 February 2003.

The motion was agreed to.

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

4.      Dog Fouling (Scotland) Bill – Stage 1: Mr Keith Harding moved S1M-3241—That the Parliament agrees to the general principles of the Dog Fouling (Scotland) Bill.

After debate, motion was agreed to (DT).

5.      Approval of an SSI: Euan Robson moved, on behalf of the Parliamentary Bureau, S1M-3770—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.16) (Scotland) Order 2002 (SSI 2002/544) be approved.

The motion was agreed to (DT).

6.      Establishment of a Committee: Euan Robson moved, on behalf of the Parliamentary Bureau, S1M-3776—That the Parliament agrees to establish a committee of the Parliament as follows—

Name of Committee: Commissioner for Children and Young People (Scotland) Bill Committee

Remit: To consider the Commissioner for Children and Young People (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 National Party and the Deputy Convener a member of the Scottish Liberal Democrat Party

Membership: Jackie Baillie, Donald Gorrie, Irene McGugan, Jamie McGrigor, Kay Ullrich and Karen Whitefield.

The motion was agreed to (DT)

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

8.      Regulation of the private rented housing sector: The Parliament debated S1M-3679 in the name of Johann Lamont—That the Parliament notes with concern the lack of regulation of the private rented housing sector, despite the capacity of that sector to receive public funding through housing benefit; further notes the stark contrast between the obligations placed on landlords in the social rented sector and landlords in the private rented sector; believes that private sector landlords who are in receipt of public funding should be expected to meet minimum standards and procedures in the way that their properties are managed, in order to protect the rights of private sector tenants and their neighbours and to ensure probity in the distribution of public funds, and considers that the Scottish Executive should address these serious matters as a matter of priority.

The meeting closed at 17.51 pm.

No. 44 Wednesday 22 January 2003

The meeting opened at 2.30 pm.

1.      Time for Reflection: Mrs Dianna Wolfson, formerly Head Teacher at the Jewish primary school in Glasgow, led Time for Reflection.

2.      Land Reform (Scotland) Bill – Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3793—That the Parliament agrees that, during Stage 3 of the Land Reform (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 the Stage begins and excluding any periods when other business is under consideration or when the meeting of the Parliament is suspended or otherwise not in progress)—

Groups 1 to 3 – no later than 1 hour 15 minutes

Groups 4 to 8 – no later than 2 hours

Groups 9 and 10 – no later than 2 hours 30 minutes

Groups 11 to 13 – no later than 3 hours 15 minutes

Groups 14 to 18 – no later than 3 hours 45 minutes

Groups 19 to 21 – no later than 4 hours 15 minutes

Groups 22 to 27 – no later than 5 hours 15 minutes

Groups 28 and 29 – no later than 5 hours 45 minutes

Group 30 – no later than 6 hours 15 minutes

Groups 31 to 34 – no later than 7 hours 15 minutes

Motion to pass the Bill – 7 hours 45 minutes.

The motion was agreed to.

3.      Land Reform (Scotland) Bill – Stage 3: The Bill was considered at Stage 3 (Day 1).

The following amendments were agreed to (without division): 61, 62, 64, 65, 66B, 66D, 66, 167, 67A, 68, 69, 72, 73, 183, 74, 75, 76, 77, 185 and 79

The following amendments were agreed to (by division)—

166     (For 103, Against 18, Abstentions 0)

              63      (For 105, Against 18, Abstentions 0)

              67      (For 104, Against 17, Abstentions 1)

            182     (For 103, Against 18, Abstentions 0)

              78      (For 88, Against 33, Abstentions 1)

              80      (For 69, Against 52, Abstentions 0)

The following amendments were disagreed to (by division)—

            177     (For 53, Against 70, Abstentions 0)

            66A     (For 36, Against 88, Abstentions 0)

            66C     (For 36, Against 87, Abstentions 0)

              70      (For 17, Against 106, Abstentions 0)

              41      (For 17, Against 105, Abstentions 0)

            184     (For 36, Against 89, Abstentions 0)

            80A     (For 50, Against 72, Abstentions 1)

            80B     (For 34, Against 90, Abstentions 0)

Amendments 40 and 168 were moved and, with the agreement of the Parliament, withdrawn.

Other amendments were not moved or pre-empted.

The Parliament ended consideration of the Bill for the day amendment 81 having been moved but not disposed of.

4.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3788—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Proceeds of Crime Act 2002 (Disclosure of Information to and by Lord Advocate and Scottish Ministers) Order 2003.

The motion was agreed to (DT).

5.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3789—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003.

The motion was agreed to (DT).

6.      Membership of Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3790—That the Parliament agrees that Cathie Craigie be appointed to the Commissioner for Children and Young People (Scotland) Bill Committee.

The motion was agreed to (DT).

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

8.      Safety Campaign on Diesel Spills: The Parliament debated S1M-3430 in the name of Brian Adam—That the Parliament notes with regret the distressing number of motorcycle accidents and fatalities caused by diesel spills and believes that the Scottish Executive should run a road safety campaign to highlight the dangers of over-filling diesel tanks and introduce other measures to reduce diesel spills.

The meeting closed at 5.32 pm.

No. 45 Thursday 23 January 2003

The meeting opened at 9.30 am.

1.      Motion without Notice: Euan Robson, on behalf of the Parliamentary Bureau, moved without notice under Rule 8.1.2 of Standing Orders, that motion S1M-3797 be taken at this meeting of the Parliament.

The motion was agreed to.

2.      Land Reform (Scotland) BillBusiness Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3797-That the Parliament agrees that, during Stage 3 of the Land Reform (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 the Stage begins and excluding any periods when other business is under consideration or when the meeting of the Parliament is suspended or otherwise not in progress)-

Groups 10 - no later than 2 hours 35 minutes

Groups 11 to 13 - no later than 3 hours 25 minutes

Groups 14 to 18 - no later than 4 hours

Groups 19 to 21- no later than 4 hours 30 minutes

Groups 22 to 27 - no later than 5 hours 30 minutes

Groups 28 and 29 - no later than 6 hours

Group 30 - no later than 6 hours 30 minutes

Groups 31 to 34 - no later than 7 hours 30 minutes

Motion to pass the Bill - 8 hours

The motion was agreed to.

3.      Land Reform (Scotland) BillStage 3: The Bill was considered at Stage 3 (Day 2).

The following amendments were agreed to (without division): 81, 82, 83, 84, 86, 87, 88A, 88, 170, 89A, 89, 90, 91, 92A, 92B, 93, 94, 95, 171, 100, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 174, 143, 144, 145, 148, 149, 150, 151, 152, 153, 175.

The following amendments were agreed to (by division)—

83A     (For 88, Against 14, Abstentions 0)

              85      (For 77, Against 27, Abstentions 0)

            92G     (For 92, Against 17, Abstentions 0)

             92I      (For 93, Against 17, Abstentions 0)

              92      (For 83, Against 27, Abstentions 0)

              96      (For 79, Against 24, Abstentions 1)

              97      (For 87, Against 17, Abstentions 1)

              98      (For 89, Against 18, Abstentions 0)

            172     (For 80, Against 24, Abstentions 0)

            173     (For 83, Against 25, Abstentions 0)

              99      (For 90, Against 18, Abstentions 0)

            101     (For 88, Against 15, Abstentions 1)

            113     (For 93, Against 16, Abstentions 0)

            119     (For 89, Against 17, Abstentions 0)

            141     (For 89, Against 15, Abstentions 0)

            142     (For 76, Against 29, Abstentions 0)

            146     (For 91, Against 17, Abstentions 0)

            147     (For 88, Against 17, Abstentions 0)

The following amendments were disagreed to (by division)—

            83B     (For 26, Against 77, Abstentions 0)

            85A     (For 42, Against 62, Abstentions 0)

              42      (For 15, Against 90, Abstentions 0)

            92C     (For 46, Against 64, Abstentions 0)

            186     (For 29, Against 80, Abstentions 0)

            187     (For 25, Against 80, Abstentions 1)

            188     (For 28, Against 81, Abstentions 0)

              44      (For 16, Against 93, Abstentions 0)

              45      (For 18, Against 89, Abstentions 0)

            189     (For 24, Against 79, Abstentions 0)

            191     (For 24, Against 83, Abstentions 0)

            193     (For 30, Against 77, Abstentions 0)

            196     (For 44, Against 63, Abstentions 0)

            199     (For 41, Against 65, Abstentions 1)

            200     (For 27, Against 80, Abstentions 0)

            203     (For 27, Against 78, Abstentions 0)

            214     (For 31, Against 81, Abstentions 0)

            207     (For 28, Against 79, Abstentions 0)

              55      (For 16, Against 94, Abstentions 0)

                1      (For 16, Against 89, Abstentions 0)

Amendments 195, 213 and 208 were moved and, with the agreement of the Parliament, withdrawn.

Other amendments were not moved.

4.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3787—That the Parliament agrees—

(a) as a revision to the programme of business agreed on 16 January 2003—

Thursday 23 January 2003

after “3.30 pm              Continuation of Stage 3 of Land Reform (Scotland) Bill”  insert—

“followed by                     Financial Resolution in respect of Commissioner for Children and Young People (Scotland) Bill”

(b) the following programme of business—

Wednesday 29 January 2003

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 3 of Water Environment and Water Services (Scotland) Bill

followed by                      Parliamentary Bureau Motions

7:00 pm                          Decision Time

Thursday 30 January 2003

9:30 am                          Green Party and Scottish Socialist Party Business

followed by                      Business Motion

followed by                      Members' Business - debate on the subject of S1M-3753 Gordon Jackson: Regeneration of the Clyde

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Stage 1 Debate on the Budget (Scotland) (No.4) Bill

followed by                      Scottish Parliamentary Corporate Body's nomination for the Scottish Parliamentary Standards Commissioner

followed by                      Standards Committee motion on changes to the Code of Conduct

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business - debate on the subject of S1M-3766 Murdo Fraser: British Cattle Movement Service

Wednesday 5 February 2003

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 3 of Public Appointments and Public Bodies etc. (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

Thursday 6 February 2003

9:30 am                          Stage 1 Debate on Proportional Representation (Local Government Elections) (Scotland) Bill

followed by                      Stage 1 Debate on Organic Farming Targets (Scotland) Bill

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Debate on Local Government Finance (Scotland) Order 2003

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 28 January 2003 on the draft Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003 and on the draft Proceeds of Crime Act 2002 (Disclosure of Information to and by Lord Advocate and Scottish Ministers) Order 2003; and

(d) that Stage 1 of the Proportional Representation (Local Government Elections) (Scotland) Bill be completed by 7 February 2003.

The motion was agreed to.

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

6.      Land Reform (Scotland) Bill - Stage 3: The Parliament resumed consideration of the Bill at Stage 3 (Day 2).

The following amendments were agreed to (without division): 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164 and 165.

The following amendments were agreed to (by division)—

            176     (For 95, Against 22, Abstentions 0)

            211     (For 98, Against 18, Abstentions 0)

The following amendments were disagreed to (by division)—

              58      (For 18, Against 97, Abstentions 0)

                6      (For 18, Against 95, Abstentions 0)

                8      (For 16, Against 97, Abstentions 0)

                9      (For 18, Against 98, Abstentions 0)

              11      (For 18, Against 96, Abstentions 0)

              38      (For 17, Against 96, Abstentions 0)

              59      (For 18, Against 99, Abstentions 0)

              60      (For 18, Against 97, Abstentions 0)

              13      (For 18, Against 99, Abstentions 0)

            210     (For 32, Against 85, Abstentions 0)

Amendment 215 was moved and, with the agreement of the Parliament, withdrawn.

Other amendments were not moved.

7.      Land Reform (Scotland) Bill – Stage 3: The Minister for Environment and Rural Development (Ross Finnie) moved S1M-3780—That the Parliament agrees that the Land Reform (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 101, Against 19, Abstentions 0).

8.      Motion without Notice: Euan Robson, on behalf of the Parliamentary Bureau, moved without notice that S1M-3798 be taken at this meeting of Parliament.

The motion was agreed to.

9.      Decision Time: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3798—That the Parliament agrees under Rule 11.2.4 of Standing Orders that Decision Time on Thursday 23 January 2003 be taken at 5.15 pm.

The motion was agreed to.

10.    Commissioner for Children and Young People (Scotland) Bill – Financial Resolution: The Deputy Minister for Finance and Public Services (Peter Peacock) moved S1M-3781—That the Parliament, for the purpose of any Act of the Scottish Parliament resulting from the Commissioner for Children and Young People (Scotland) Bill, agrees to the expenditure out of the Scottish Consolidated Fund of the expenses of the Scottish Parliamentary Corporate Body in respect of—

(a)       the appointment of the Commissioner for Children and Young People in Scotland;

(b)       salary and allowances of, and pension for, the Commissioner; and

(c)        the administrative costs (including staff salaries and other staff costs) incurred in the exercise of the Commissioner’s functions.

The motion was agreed to (DT).

11.    Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3791—That the Parliament agrees that the draft Extended Sentences for Violent Offenders (Scotland) Order 2003 be approved.

The motion was agreed to (DT).

12.    Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3792—That the Parliament agrees that the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 be approved.

The motion was agreed to (DT).

13.    Decision Time: The Parliament took decisions on items 7, 10, 11 and 12 as noted above.

14.    Rural Communities and Renewable Energy: The Parliament debated S1M-3751 in the name of George Lyon—That the Parliament welcomes the ambitious targets set by the Scottish Executive for renewable energy generation; recognises the potential job benefits to be gained from a Scottish manufacturing support base for renewable energy; further recognises the crucial importance of communities benefiting from wind farms and other renewable energy developments in their areas; notes the growing number of wind farm planning applications across rural Scotland; notes with concern the hostile reception such applications have received from members of the local community, who perceive no benefit to the community; further notes that benefits can be delivered through community ownership, rental income, reduced electricity bills or other methods, and considers that the Executive should ensure that the Scottish economy and affected communities benefit from the expansion of renewable energy.

The meeting closed at 5.59 pm.

No. 46 Wednesday 29 January 2003

The meeting opened at 2.30 pm.

1.      Time for Reflection: Patricia Johnston, China Field Officer – Scottish Churches China Group, led Time for Reflection.

2.      Water Environment and Water Services (Scotland) Bill – Business Motion: Euan Robson moved S1M-3825—That the Parliament agrees that, during Stage 3 of the Water Environment and Water Services (Scotland) Bill, debate on each part of the Stage 3 proceedings shall be brought to a conclusion by the time-limits indicated (each time-limit being calculated from when the Stage begins and excluding any periods when other business is under consideration or when proceedings are suspended)—

Group 1 – no later than 1 hour
Groups 2 and 3 – no later than 1 hour 40 minutes
Groups 4 to 6 – no later than 2 hours 10 minutes
Group 7 – no later than 2 hours 25 minutes
Group 8 – no later than 2 hours 35 minutes
Group 9 – no later than 2 hours 50 minutes
Groups 10 and 11 – no later than 3 hours 10 minutes

Motion to pass the Bill – 3 hours 40 minutes

The motion was agreed to.

3.         Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3814—That the Parliament agrees—

(a) as a revision to the programme of business agreed on 23 January 2003—

Wednesday 29 January 2003

after first Parliamentary Bureau Motions, insert—

“followed by                     Ministerial Statement on Educating for Excellence – Choice and Opportunity”

Thursday 30 January 2003

delete,

“followed by                     Business Motion”

(b) the following programme of business—

Wednesday 5 February 2003

2:30 pm                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 3 of Public Appointments and Public Bodies etc. (Scotland) Bill

followed by                      Parliamentary Bureau Motions

6:00 pm                          Decision Time

followed by                      Members' Business – debate on the subject of S1M-3612 Trish Godman: Tackling Under Age Drinking

Thursday 6 February 2003

9:30 am                          Debate on Local Government Bill – UK Legislation

followed by                      Stage 1 Debate on Proportional Representation (Local Government Elections) (Scotland) Bill

followed by                      Stage 1 Debate on Organic Farming Targets (Scotland) Bill

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Debate on Local Government Finance (Scotland) Order 2003

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business – debate on the subject of S1M-3765 Nicola Sturgeon: Removal of Thimerosal in Vaccines

Wednesday 12 February 2003

9:30 am                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Scottish National Party Business

2:30 pm                          Parliamentary Bureau Motions

followed by                      Stage 3 of Protection of Children (Scotland) Bill

followed by                      Executive Debate on Fisheries

followed by                      Parliamentary Bureau Motions

7:00 pm                          Decision Time

Thursday 13 February 2003

9:30 am                          Justice 2 Committee Debate on its 4th Report 2003: Report on the Crown Office and Procurator Fiscal Service Inquiry

followed by                      Enterprise and Lifelong Learning Committee Debate on its 1st Report 2003: Report on the Future of Tourism  in Scotland

followed by                      Business Motion

followed by                       Members’ Business

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Stage 3 of the Budget (Scotland) (No.4) Bill

followed by                      Stage 1 on Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

and (c) that the Justice 1 Committee reports to the Justice 2 Committee by 4 February 2003 on the draft Child Support Appeals (Jurisdiction of Courts) (Scotland) Order 2003, the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2003 and the Police and Police (Special Constables) (Scotland) Amendment Regulations 2003.

The motion was agreed to.

4.      Ministerial Statement: The Minister for Education and Young People (Cathy Jamieson) made a statement on Educating for Excellence – Choice and Opportunity.

5.      Water Environment and Water Services (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22 and 23.

Amendment 19 was agreed to (by division: For 63, Against 39, Abstentions 0).

The following amendments were disagreed to (by division)—

            29        (For 39, Against 65, Abstentions 1)

            83        (For 26, Against 80, Abstentions 0).

Amendment 82 was moved and, with the agreement of the Parliament, withdrawn.

6.      Ministerial Statement: The Deputy First Minister and Minister for Justice (Mr Jim Wallace) made a statement on the firefighters’ dispute.

7.      Water Environment and Water Services (Scotland) Bill - Stage 3: The Parliament resumed consideration of the Bill at Stage 3.

The following amendments were agreed to without division: 30, 24, 25, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 26, 80, 27, 28 and 81.

The remaining amendment was not moved.

8.      Water Environment and Water Services (Scotland Bill) – Stage 3: The Minister for Environment and Rural Development (Ross Finnie) moved S1M-3707—That the Parliament agrees that the Water Environment and Water Services (Scotland) Bill be passed.

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

9.      Decision Time: Euan Robson, on behalf of the Parliamentary Bureau, moved a motion without notice that the Parliament agrees under rule 11.2.4 of Standing Orders that Decision Time on Wednesday 29 January 2003 be brought forward to 6.41 pm.

The motion was agreed to.

10.    Decision Time: The Parliament took a decision on item 8 as noted above.

The meeting closed at 6.42 pm.

No. 47 Thursday 30 January 2003

The meeting opened at 9.30am.

1.      Transforming Public Finance for Social Justice, Regeneration and the Environment: Robin Harper moved S1M-3818—That the Parliament notes recent studies by the Scottish Executive and is interested in building on them by considering and investigating the contribution that land value taxation could make to the cultural, economic, environmental and democratic renaissance of Scotland.

David Davidson moved amendment S1M-3818.1 to motion S1M-3818—

Leave out from “is” to end and insert—

“considers land value tax to be a punitive form of taxation which takes no account of existing taxation, profit or income streams and requires payment in respect of land regardless of an absence of income.”

After debate, the amendment was disagreed to ((DT) by division: For 13, Against 93, Abstentions 0).

The motion was then agreed to ((DT) by division: For 35, Against 13, Abstentions 59).

2.      Abolition of the Council Tax: Tommy Sheridan moved S1M-3809—That the Parliament believes that the council tax is a fundamentally unfair and regressive tax; believes in social justice and the redistribution of wealth from the rich to the poor; therefore agrees to abolish the council tax and replace it with the Scottish Service Tax which is based on an individual’s income and is inherently fairer, more efficient and redistributive; notes that this tax would raise more revenue than the council tax and that it would remove the burden of paying for local government jobs and services from the shoulders of low-paid workers and pensioners and place it firmly on the shoulders of the well-paid and the wealthy, and believes that the introduction of this tax should be complemented by the return of the right for local authorities to raise and retain their business rates and a thorough investigation of land value and speculation taxes to supplement local authority revenue.

The Deputy Minister for Finance and Public Services (Peter Peacock) moved amendment S1M-3809.1 to motion S1M-3809—

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

 “notes that the Local Government Committee, in its 6th Report 2002, Report on Inquiry into Local Government Finance, published in March last year, saw no merit in the Scottish service tax as outlined in evidence to it.”

After debate, the amendment was agreed to ((DT) by division: For 104, Against 4, Abstentions 1).

The motion as amended was then agreed to ((DT) by division: For 105, Against 3, Abstentions 1).

Accordingly the Parliament resolved— That the Parliament notes that the Local Government Committee, in its 6th Report 2002, Report on Inquiry into Local Government Finance, published in March last year, saw no merit in the Scottish service tax as outlined in evidence to it.

3.      Support for the February 15 Anti-War on Iraq Demonstration in Glasgow: Tommy Sheridan moved S1M-3811—That the Parliament notes the organisations that support the Scottish Coalition for Justice Not War that include the Scottish Trades Union Congress, Scottish UNISON, Scottish UCATT, Fire Brigades Union, Scottish Campaign for Nuclear Disarmament, the Scottish Quakers, Iona Community, Trident Ploughshares, Faslane Peace Camp, Church and Nation Committee Church of Scotland, Roman Catholic Justice and Peace Commission, Christian Aid, Scottish United Nations Association, Campaign for Palestinian Rights, Scottish Palestinian Solidarity Campaign, Islamic Society of Britain, UK Islamic Mission, Muslim Association of Britain, Glasgow Refugee Action Group, Chhokar Family Campaign, Scottish Green Party, Labour Party Campaign for Socialism, Labour Campaign for Justice Not War, Scottish Socialist Party, Communist Party of Britain, Communist Party of Scotland, Democratic Left Scotland, Globalise Resistance, Socialist Labour Party, Campaign to Welcome Refugees, Scottish Centre for Non-Violence and Finance Workers Broad Left; agrees to support the demonstration on 15 February 2003 in Glasgow called by the Scottish Coalition for Justice Not War against attacking Iraq, and believes that waging world-wide war against poverty and injustice would deliver a more stable, peaceful and just world than a war waged on Iraq with the resultant loss of innocent Iraqi citizens' lives.

The Deputy Minister for Parliamentary Business (Euan Robson) moved amendment S1M-3811.2 to motion S1M-3811—

Leave out from “agrees” to end and insert—

 “further notes the demonstration on 15 February 2003 in Glasgow called by the Scottish Coalition for Justice Not War against attacking Iraq, and endorses the right to express opinion in peaceful protest.”

Phil Gallie moved amendment S1M-3811.1 to motion S1M-3811—

Leave out from “agrees” to end.

After debate, amendment S1M-3811.2 was agreed to ((DT) by division: For 62, Against 33, Abstentions 14). As a result amendment S1M-3811.1was
pre-empted.

The motion as amended was then agreed to ((DT) by division: For 105, Against 4, Abstentions 0).

Accordingly the Parliament resolved— That the Parliament notes the organisations that support the Scottish Coalition for Justice Not War that include the Scottish Trades Union Congress, Scottish UNISON, Scottish UCATT, Fire Brigades Union, Scottish Campaign for Nuclear Disarmament, the Scottish Quakers, Iona Community, Trident Ploughshares, Faslane Peace Camp, Church and Nation Committee Church of Scotland, Roman Catholic Justice and Peace Commission, Christian Aid, Scottish United Nations Association, Campaign for Palestinian Rights, Scottish Palestinian Solidarity Campaign, Islamic Society of Britain, UK Islamic Mission, Muslim Association of Britain, Glasgow Refugee Action Group, Chhokar Family Campaign, Scottish Green Party, Labour Party Campaign for Socialism, Labour Campaign for Justice Not War, Scottish Socialist Party, Communist Party of Britain, Communist Party of Scotland, Democratic Left Scotland, Globalise Resistance, Socialist Labour Party, Campaign to Welcome Refugees, Scottish Centre for Non-Violence and Finance Workers Broad Left; further notes the demonstration on 15 February 2003 in Glasgow called by the Scottish Coalition for Justice Not War against attacking Iraq, and endorses the right to express opinion in peaceful protest.

4.      Regeneration of the Clyde: The Parliament debated S1M-3753 in the name of Gordon Jackson—That the Parliament recognises the importance to Scotland of efforts to regenerate the Clyde; considers that the Scottish Executive and Scottish Enterprise should establish and resource a development framework for the Clyde which encourages joined-up thinking and action; further considers that the respective councils, enterprise companies, regeneration agencies and private developers should work co-operatively in reclaiming derelict land, ensuring adequate flood protection and improving the transport infrastructure, and believes that ministers should make the regeneration of the Clyde one of the top economic, environmental and social justice priorities for Scotland.

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

6.      Budget (Scotland) Bill – Stage 1: The Minister for Finance and Public Services (Mr Andy Kerr) moved S1M-3785—That the Parliament agrees to the general principles of the Budget (Scotland) (No.4) Bill.

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

7.      Scottish Parliamentary Corporate Body’s nomination for the Scottish Parliamentary Standards Commissioner: Mr Duncan McNeil, on behalf of the Scottish Parliament Corporate Body, moved S1M-3799—That the Parliament agrees with the recommendation of the Scottish Parliamentary Corporate Body under Rule 3A.1.2 of Standing Orders that Dr James Dyer should be appointed as Scottish Parliamentary Standards Commissioner under section 1(2) of the Scottish Parliamentary Standards Commissioner Act 2002 with effect from 1 April 2003.

The motion was agreed to (DT).

8.      Code of Conduct for Members of the Scottish Parliament: Tricia Marwick, on behalf of the Standards Committee, moved S1M-3786—That the Parliament agrees to amend the Code of Conduct for Members of the Scottish Parliament in the manner indicated in Annex A of the Standards Committee’s 12th Report 2002, The Scottish Parliamentary Standards Commissioner Act 2002: Consequential Changes to the Code of Conduct,with effect from 30 January 2003.

The motion was agreed to (DT).

9.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau moved S1M-3815—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Child Support Appeals (Jurisdiction of Courts) (Scotland) Order 2003.

The motion was agreed to (DT).

10.    Designation of Lead Committee: motion S1M-3816 was not moved.

11.    Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau moved S1M-3817—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Police and Police (Special Constables) (Scotland) Amendment Regulations 2003 (SSI 2003/21).

The motion was agreed to (DT).

12.    Decision Time: The Parliament took decisions on items 1, 2, 3, 6, 7, 8, 9, and 11 as noted above.

13.    British Cattle Movement Service: The Parliament debated S1M-3766 in the name of Murdo Fraser—That the Parliament notes the widespread concern amongst the Scottish farming community in relation to the operation of the British Cattle Movement Service (BCMS) and, in particular, the volume of administrative errors and the delays by the BCMS in dealing with correspondence; further notes that, as a result, the operation of the service has contributed to financial hardship in the farming sector at a time when farming incomes are already at desperately low levels, and considers that the Scottish Executive's Environment and Rural Affairs Department should institute an amnesty for all farmers that have been alleged by the BCMS not to have accurately and timeously supplied cattle record information and make representations to the Department for Environment, Food and Rural Affairs that a thorough review of the operation of the BCMS should be instituted with a view to eradicating the difficulties that have been identified.

The meeting closed at 5.51 pm.

No. 48 Wednesday 5 February 2003

The meeting opened at 2.30 pm.

1.      Time for Reflection: The Right Reverend Dr Finlay Macdonald, Moderator of the General Assembly of the Church of Scotland, led Time for Reflection.

2.      Public Appointments and Public Bodies etc. (Scotland) Bill – Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3857—That the Parliament agrees that, during Stage 3 of the Public Appointments and Public Bodies etc. (Scotland) Bill, debate on each part of the Stage 3 proceedings shall be brought to a conclusion by the time-limits indicated (each time-limit being calculated from when the Stage begins and excluding any periods when those proceedings are suspended)—

Groups 1 and 2 - no later than 55 minutes
Groups 3 to 6 - no later than 1 hour 55 minutes
Groups 7 to 9 - no later than 2 hours 55 minutes
Motion to pass the Bill - 3 hours 25 minutes

The motion was agreed to.

3.      Public Appointments and Public Bodies etc. (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 8, 9, 1, 10, 11, 12, 13, 14, 37, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 38, 26, 40, 27, 28, 29, 41, 42, 43, 44, 45, 46, 47, 30, 31, 32, 33, 34, 35, 39 and 36.

The following amendments were disagreed to (by division)—

            3          (For 25, Against 76, Abstentions 0)

            5          (For 42, Against 64, Abstentions 2)

Amendment 6 was moved and, with the agreement of the Parliament, withdrawn.

The remaining amendment was not moved.

4.      Public Appointments and Public Bodies etc. (Scotland) Bill – Stage 3: The Deputy Minister for Finance and Public Services (Peter Peacock) moved S1M-3729—That the Parliament agrees that the Public Appointments and Public Bodies etc. (Scotland) Bill be passed.

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

5.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3850—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2003.

The motion was agreed to (DT).

6.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3851—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the draft Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003.

The motion was agreed to (DT).

7.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3852—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2003.

The motion was agreed to (DT).

8.      Designation of a Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3853—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Civil Legal Aid (Scotland) Amendment Regulations 2003 (SSI 2003/49).

The motion was agreed to (DT).

9.      Decision Time: Euan Robson, on behalf of the Parliamentary Bureau, moved a motion, without notice, that the Parliament agrees under rule 11.2.4 of Standing Orders that Decision Time on Wednesday 5 February be taken at 4.37 pm.

The motion was agreed to.

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

11.    Young Persons Advisory Project: The Parliament debated S1M-3612 in the name of Trish Godman—That the Parliament commends the members of the Renfrewshire Council on Alcohol for their innovative and widely welcomed Young Persons Advisory Project which seeks to guide and educate young people and school children on the growing social, personal and health problems associated with underage drinking; notes that many of the youngsters that have attended the project's counselling programmes have benefited from their participation; further notes that they and their parents now have a greater awareness and a more sensible view of alcohol and its dangers; is pleased to see that there is growing interest in the project's work from as far away as the New Zealand Police, and believes that such initiatives dealing with alcohol and substance misuse amongst children and young people should receive appropriate support from the Scottish Executive.

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

The motion was agreed to.

The meeting closed at 5.32 pm.

No. 49 Thursday 6 February 2003

The meeting opened at 9.30 am.

1.      Local Government Bill – UK Legislation: The Minister for Finance and Public Services (Mr Andy Kerr) moved S1M-3833—That the Parliament endorses the principle of including in the Local Government Bill powers for the Scottish Ministers to issue directions and guidance to Scottish local authorities in relation to staff transfer matters and agrees that the relevant provisions to confer executive functions on the Scottish Ministers in relation to these matters should be considered by the UK Parliament.

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

2.      Proportional Representation (Local Government Elections) (Scotland) Bill – Stage 1: Tricia Marwick moved S1M-3727—That the Parliament agrees to the general principles of the Proportional Representation (Local Government Elections) (Scotland) Bill.

Iain Smith moved amendment S1M-3727.1 to motion S1M-3727—

Leave out from “agrees” to end and insert—

“notes the Local Government Committee’s Stage 1 Report on the Proportional Representation (Local Government Elections) (Scotland) Bill and that any change to the election system could not come into effect until the 2007 local government elections at the earliest; further notes the publication by the Scottish Executive of its Local Governance (Scotland) Bill document which fulfils the commitments made to make progress on electoral reform and deals with wider issues to encourage greater participation in local government, and, with regard to the Proportional Representation (Local Government Elections) (Scotland) Bill, therefore does not agree to the general principles of this particular Bill for the reason that its provisions demonstrably do not meet the extensive requirements for renewing local democracy.”

After debate, the amendment was agreed to ((DT) by division: For 65, Against 54, Abstentions 2).

The motion as amended was then agreed to ((DT) by division: For 65, Against 53, Abstentions 3).

Accordingly, the Parliament resolved—That the Parliament notes the Local Government Committee’s Stage 1 Report on the Proportional Representation (Local Government Elections) (Scotland) Bill and that any change to the election system could not come into effect until the 2007 local government elections at the earliest; further notes the publication by the Scottish Executive of its Local Governance (Scotland) Bill document which fulfils the commitments made to make progress on electoral reform and deals with wider issues to encourage greater participation in local government, and, with regard to the Proportional Representation (Local Government Elections) (Scotland) Bill, therefore does not agree to the general principles of this particular Bill for the reason that its provisions demonstrably do not meet the extensive requirements for renewing local democracy.

3.      Organic Farming Targets (Scotland) Bill – Stage 1: Robin Harper moved S1M-3856—That the Parliament agrees to the general principles of the Organic Farming Targets (Scotland) Bill.

After debate, the motion was disagreed to ((DT) by division: For 39, Against 61, Abstentions 18).

4.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3854—That the Parliament agrees—

(a) the following programme of business—

Wednesday 12 February 2003

9:30 am                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Scottish National Party Business

followed by                      Members' Business

2:30 pm                          Parliamentary Bureau Motions

followed by                      Stage 3 of Protection of Children (Scotland) Bill

followed by                      Executive Debate on Fisheries

followed by                      Parliamentary Bureau Motions

7:00 pm                          Decision Time

Thursday 13 February 2003

9:30 am                          Justice 2 Committee Debate on its 4th Report 2003: Report on the Crown Office and Procurator Fiscal Service Inquiry

followed by                      Enterprise and Lifelong Learning Committee Debate on its 1st Report 2003: Report on the Future of Tourism in Scotland

followed by, no

later than 1.00 pm            Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Stage 3 of the Budget (Scotland) (No.4) Bill

followed by                      Stage 1 Motion on Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business - debate on the subject of S1M-3774 Robert Brown: Lead Pipes in Drinking Water Supplies

Wednesday 19 February 2003

9:30 am                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 3 of Building (Scotland) Bill

followed by                      Stage 3 of Criminal Justice (Scotland) Bill

followed by                      Members' Business

2:30 pm                          Continuation of Stage 3 of Criminal Justice (Scotland) Bill

followed by                      Parliamentary Bureau Motions

7:00 pm                          Decision Time

Thursday 20 February 2003

9:30 am                          Parliamentary Bureau Motions

followed by                      Continuation of Stage 3 of Criminal Justice (Scotland) Bill

followed by                      Business Motion

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Continuation of Stage 3 of Criminal Justice (Scotland) Bill

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 24 February 2003 on the draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2003,  the draft Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003, the draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2003 and the Civil Legal Aid (Scotland) Amendment Regulations 2003 (SSI 2003/49).

The motion was agreed to.

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

6.      Local Government Finance (Scotland) Order 2003: The Minister for Finance and Public Services (Mr Andy Kerr) moved S1M-3807—That the Parliament agrees that the Local Government Finance (Scotland) Order 2003 (SSI 2003/42) be approved.

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

7.      Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3848—That the Parliament agrees that the draft Proceeds of Crime Act 2002 (Disclosure of Information to and by Lord Advocate and Scottish Ministers) Order 2003 be approved.

The motion was agreed to (DT).

8.      Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau moved S1M-3849—That the Parliament agrees that the draft Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003 be approved.

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.    Removal of Thimerosal in Vaccines:  Nicola Sturgeon moved S1M-3765—That the Parliament notes with concern that thirteen vaccines currently available in the United Kingdom, including four that are administered to children, contain thimerosal, a compound 50% comprised of ethyl mercury and already banned in the United States of America; further notes the fears of a link between thimerosal and conditions such as autism and Alzheimer’s disease, and considers that the Scottish Executive should take steps to eradicate thimerosal from vaccines available in Scotland and, in the meantime, inform the public about the availability of vaccines that do not contain thimerosal.

The meeting closed at 5.41 pm.

No. 50 Wednesday 12 February 2003

The meeting opened at 9.30 am.

1.      Time for Reflection: Mrs Anne L McIntyre, Leader of the Prayer for Parliament – Scotland,  Intercessors Team, led Time for Reflection.

2.      Education: Michael Russell moved S1M-3879—That the Parliament notes Educating for Excellence: Choice and Opportunity, the Scottish Executive’s response to the National Debate on Education and the statement by the Minister for Education and Young People on launching the document; further notes that in places the document is contradicted by the Minister’s statement; expresses concern that the document contains little new despite the high quality of many responses to the consultation; is particularly concerned that, despite the Minister’s admission in her statement that matters of literacy and numeracy “are among our most pressing problems” and that “we will not tolerate underperformance in literacy and numeracy”, the document contains no clear and firm commitment to actions that will change the present situation in which the number of pupils failing to meet the required standards of literacy and numeracy by S2 is unacceptably high, and therefore supports the Scottish National Party’s radical programme to reduce class sizes in the first three years of primary education to 18 or below and to re-focus teaching effort on core skills throughout the primary school and into the early secondary years.

The Deputy Minister for Education and Young People (Nicol Stephen) moved amendment S1M-3879.1 to motion S1M-3879—

Leave out from first “notes” to end and insert

“welcomes the strategy for the future of education in Scotland published in Educating for Excellence: Choice and Opportunity with its focus on raising standards and closing the opportunity gap; supports the plans to reduce class sizes and the measures to improve literacy and numeracy and to ease transitions between key stages, and endorses the strategy’s key objectives of an education system centred on the needs of each individual child with a more flexible and relevant curriculum, a streamlined assessment system and greater parental involvement in our schools.”

Mr Brian Monteith moved amendment S1M-3879.2 to motion S1M-3879—

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

“the response of the Scottish National Party has been to advocate policies which, whilst well-intentioned, would require placing requests to be abolished, catchment areas to be re-drawn and, therefore, parental choice to be considerably restricted, and calls upon the Scottish Executive to reaffirm its support for the placing request provisions of the Education (Scotland) Act 1981.”

After debate, amendment S1M-3879.1 was agreed to ((DT) by division: For 64, Against 47, Abstentions 1).  As a result amendment S1M-3879.2 was pre-empted.

The motion as amended was agreed to ((DT) by division: For 84, Against 30, Abstentions 0).

Accordingly the Parliament resolved—That the Parliament welcomes the strategy for the future of education in Scotland published in Educating for Excellence: Choice and Opportunity with its focus on raising standards and closing the opportunity gap; supports the plans to reduce class sizes and the measures to improve literacy and numeracy and to ease transitions between key stages, and endorses the strategy’s key objectives of an education system centred on the needs of each individual child with a more flexible and relevant curriculum, a streamlined assessment system and greater parental involvement in our schools.

3.      Scottish Economic Growth: Andrew Wilson moved S1M-3880—That the Parliament notes with concern the long-term underperformance of the Scottish economy and the growing gap in wealth created per head between Scotland and the rest of the UK and the south east of England in particular; recognises that the symptoms of economic underperformance cannot be dealt with on a sustainable basis until the root cause of economic underperformance is addressed directly; calls for all leaders in Scottish public life to work towards a national consensus around the drive to bridge the gap between Scotland's economic performance and economic potential, and, in working towards that consensus, further recognises that differences of opinion on policy prescriptions are a healthy part of the democratic debate but calls for an open mind on all sides in respect of the range of policy options that are, and should be, available to the Scottish Executive in working towards making Scotland as competitive as its competitors.

The Deputy Minister for Enterprise, Transport and Lifelong Learning (Lewis Macdonald) moved amendment S1M-3880.2 to motion S1M-3880—

Leave out from “notes” to end and insert—

“supports the Scottish Executive’s aim of increasing sustainable economic growth over the long term; recognises that increasing Scotland’s prosperity is essential to the fulfilment of the Executive’s objectives of closing the opportunity gap, building first-class public services and ensuring sustainable development; calls for all leaders in Scottish public life to work towards a national consensus around the drive to bridge the gap between Scotland’s economic performance and economic potential, and endorses the work being undertaken by the Executive to use the powers of the Parliament to help business grow and to secure a smart, successful Scotland by developing the science and skills base, improving global connections and investing in transport and communications infrastructure.”

Miss Annabel Goldie moved amendment S1M-3880.1 to motion S1M-3880—

leave out from “long-term” to end and insert—

“competitive disadvantage at which Scottish business is being placed as a consequence of an onerous taxation and regulatory regime aggravated by inadequate investment in transport infrastructure and calls on the Scottish Executive to reduce the business rate poundage to the same level that exists in England thereby re-establishing a uniform business rate and to pledge an additional £100 million per annum for investment in our transport infrastructure.”

After debate, amendment S1M-3880.2 was agreed to ((DT) by division: For 66, Against 48, Abstentions 0).  As a result amendment S1M-3880.1 was pre-empted

The motion as amended was agreed to ((DT) by division: For 67, Against 29 Abstentions 18).

Accordingly the Parliament resolved—That the Parliament supports the Scottish Executive’s aim of increasing sustainable economic growth over the long term; recognises that increasing Scotland’s prosperity is essential to the fulfilment of the Executive’s objectives of closing the opportunity gap, building first-class public services and ensuring sustainable development; calls for all leaders in Scottish public life to work towards a national consensus around the drive to bridge the gap between Scotland’s economic performance and economic potential, and endorses the work being undertaken by the Executive to use the powers of the Parliament to help business grow and to secure a smart, successful Scotland by developing the science and skills base, improving global connections and investing in transport and communications infrastructure.

4.      Theatre in Scotland: The Parliament debated S1M-3715 in the name of Robin Harper—That the Parliament regrets the lack of sufficient funding for Scottish theatre; notes the cutbacks at Brunton Theatre; notes the contribution made over the years by groups such as the TAG Theatre Company, 7:84, Borderline, Theatre in Education and TWE Edinburgh; further notes the looming funding crisis for repertory theatre, especially the Royal Lyceum in Edinburgh; notes that unless funding equivalent to the funding available to theatre in England and Wales is made available, there will be a drift of talent southwards that will result in the ability of professional theatre to survive in Scotland being undermined in the near future.

5.         Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3892—That the Parliament agrees—

(a) as a revision to the programme of business agreed on 6 February 2003—

Wednesday 12 February 2003

after—

followed by                   Stage 3 of Protection of Children (Scotland) Bill”

delete—                    

followed by                   Executive Debate on Fisheries

followed by                    Parliamentary Bureau Motions

7:00 pm                        Decision Time”

and insert—

followed by                   Parliamentary Bureau Motions

5:00 pm                        Decision Time

followed by                    Members’ Business – debate on the subject of S1M-3840 Tom McCabe: Young People in Sport”

(b) the following programme of business—

Wednesday 19 February 2003

9:30 am                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Executive Debate on Fisheries

11:30 am                        Stage 3 of Criminal Justice (Scotland) Bill

followed by                      Members’ Business - debate on the subject of S1M-3864 Brian Monteith: Location of a New Hospital for Forth Valley

2:00 pm                          Continuation of Stage 3 of Criminal Justice (Scotland) Bill

followed by                      Parliamentary Bureau Motions

7:00 pm                          Decision Time

Thursday 20 February 2003

9:30 am                          Business Motion

followed by                      Parliamentary Bureau Motions

followed by                      Continuation of Stage 3 of Criminal Justice (Scotland) Bill

followed by                      Stage 3 of Building (Scotland) Bill

2:30 pm                          Question Time

3:10 pm                          First Minister's Question Time

3:30 pm                          Continuation of Stage 3 of Building (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business – debate on the subject of S1M-3860 Mr Andrew Welsh: Arbroath CAFE Project

Wednesday 26 February 2003

9:30 amTime for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Scottish Conservative and Unionist Party Business

11:00 am                        Stage 3 of Title Conditions (Scotland) Bill

2:30 pm                          Continuation of Stage 3 of Title Conditions (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

Thursday 27 February 2003

9:30 am                          Stage 1 Debate on National Galleries of Scotland Bill

followed by                      Stage 1 Debate on Prostitution Tolerance Zones (Scotland) Bill

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 (c) that  the Justice 1 Committee reports to the Justice 2 Committee by 17 February 2003 on the draft Regulation of Investigatory Powers (Covert Human Intelligence Sources – Code of Practice) (Scotland) Order 2003, the draft Regulation of Investigatory Powers (Covert Surveillance – Code of Practice) (Scotland) Order 2003, the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment (No.2) Order 2003 (SSI 2003/50) and the draft Members of the Parole Board (Removal Tribunal) Regulations 2003.

After debate, the motion was agreed to (by division: For 65, Against 49, Abstentions 0).

6.      Protection of Children (Scotland) Bill – Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3894—That the Parliament agrees that, during Stage 3 of the Protection of Children (Scotland) Bill, debate on each part of the Stage 3 proceedings shall be brought to a conclusion by the time-limits indicated (each time-limit being calculated from when the Stage begins and excluding any periods when those proceedings are suspended)—

Groups 1 and 2 – no later than 45 minutes

Groups 3 to 5 – no later than 1 hour and 30 minutes

Motion to pass the Bill – 2 hours

The motion was agreed to.

7.      Protection of Children (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 1, 2, 3, 9, 4, 5, 6, 7 and 8.

8.      Protection of Children (Scotland) Bill – Stage 3: The Minister for Education and Young People (Cathy Jamieson) moved S1M-3705—That the Parliament agrees that the Protection of Children (Scotland) Bill be passed.

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

9.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3887—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment (No.2) Order 2003 (SSI 2003/50).

The motion was agreed to (DT).

10.    Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3888—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Regulation of Investigatory Powers (Covert Surveillance – Code of Practice) (Scotland) Order 2003.

The motion was agreed to (DT).

11.    Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3889—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Regulation of Investigatory Powers (Covert Human Intelligence Sources – Code of Practice) (Scotland) Order 2003.

The motion was agreed to (DT).

12.    Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3890—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft Members of the Parole Board (Removal Tribunal) Regulations 2003.

The motion was agreed to (DT).

13.    Decision Time: Euan Robson, on behalf of the Parliamentary Bureau, moved a motion, without notice, that the Parliament agrees under rule 11.2.4 of Standing Orders that Decision Time on Wednesday 12 February 2003 be taken at 3.42 pm.

The motion was agreed to.

14.    Decision Time: The Parliament took decisions on items 2, 3, 8, 9, 10, 11 and 12 as noted above.

15.    Young People in Sport: The Parliament debated S1M-3840 in the name of Mr Tom McCabe—That the Parliament commends Hamilton International Sports Trust, which seeks to aid young amateur sports people in competition at the highest levels, for their support given to young people in South Lanarkshire; congratulates the young people supported by the trust on the success they have achieved; notes the work of sportScotland in this area, working to ensure that sport is more widely available to all with investment of £8.1 million per year; believes that such initiatives and investment promote confidence and community spirit among our young people; further believes that this type of community-based support from the local community would benefit other communities across Scotland, and believes that such initiatives, promoting access to sport and promotion of sporting excellence among young people, are worthy of suitable support from the Scottish Executive.

The meeting closed at 4.26 pm.

No. 51 Thursday 13 February 2003

The meeting opened at 9.30am.

1.      Justice 2 Committee, Report on the Crown Office and Procurator Fiscal Service Inquiry: Pauline McNeill, on behalf of the Justice 2 Committee, moved S1M-3893—That the Parliament notes the 4th Report 2003 of the Justice 2 Committee, Report on the Crown Office and Procurator Fiscal Service Inquiry (SP Paper 747), and agrees that progress in implementing the committee’s recommendations and the Crown Office and Procurator Fiscal Service’s programme of change should be kept under close review.

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

2.      Enterprise and Lifelong Learning Committee, Report on Tourism in Scotland: Miss Annabel Goldie, on behalf of the Enterprise and Lifelong Learning Committee, moved S1M-3869—That the Parliament notes the 1st Report 2003 of the Enterprise and Lifelong Learning Committee, Report on the Future of Tourism in Scotland (SP Paper 740), and commends the report to all stakeholders in the tourism sector.

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

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

4.      The Budget (Scotland) (No.4) Bill – Stage 3: The Deputy Minister for Finance and Public Services (Peter Peacock) moved S1M-3886—That the Parliament agrees that the Budget (Scotland) (No.4) Bill be passed.

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

5.      Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill – Stage 1: The Lord Advocate (Colin Boyd) moved S1M-3680—That the Parliament agrees that the law which is restated in the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill should be restated.

The motion was agreed to ((DT) by division: For 94, Against 3, Abstentions 1).

6.      Approval of SSI: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3891—That the Parliament agrees that the draft Child Support Appeals (Jurisdiction of Courts) (Scotland) Order 2003 be approved.

The motion was agreed to (DT).

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

8.      Lead Pipes in Drinking Water Supplies: The Parliament debated S1M-3774 in the name of Robert Brown—That the Parliament notes the continued presence of lead pipes in both parts of the Scottish Water infrastructure and many domestic and business water supplies; notes the serious health hazards associated with lead in drinking water; notes the implications for the treatment of water supplies by Scottish Water and the unreliable nature of information as to the location of such lead pipes, and considers that an urgent review of the issue is needed and that action should be taken to ensure the removal of all lead pipes from drinking water supplies in Scotland as soon as possible and, specifically, to tackle the removal of lead pipes in Glasgow’s older tenement areas.

The meeting closed at 5.43pm.

No. 52 Wednesday 19 February 2003

The meeting opened at 9.30 am.

1.      Time for Reflection: Reverend Marion Dodd, Minister of Kelso Old and Sprouston, Jedburgh Presbytery, led Time for Reflection.

2.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3920—That the Parliament agrees as a revision to the programme of business agreed on 12 February 2003—

Wednesday 19 February 2003

after—

“2:00 pm                       Continuation of Stage 3 of Criminal Justice (Scotland) Bill”

delete all and insert—

followed by                   Parliamentary Bureau Motions

6:30 pm                        Decision Time”.

The motion was agreed to.

3.      Criminal Justice (Scotland) Bill – Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3924—That the Parliament agrees that, during Stage 3 of the Criminal Justice (Scotland) Bill, debate on each part of the Stage 3 proceedings shall be brought to a conclusion by the time-limits indicated (each time-limit being calculated from when the Stage begins and excluding any periods when other business is under consideration or when the meeting of the Parliament is suspended or otherwise not in progress)—

Groups 1 to 4 – no later than 1 hour 15 minutes

Groups 5 to 12 – no later than 2 hours 35 minutes

Groups 13 to 18 – no later than 4 hours 15 minutes

Groups 19 to 21 – no later than 5 hours and 25 minutes

Groups 22 and 23 – no later than 5 hours and 55 minutes

Groups 24 to 30 – no later than 7 hours

Motion to pass the Bill – 7 hours 30 minutes

The motion was agreed to.

4.      Fisheries: The Minister for Environment and Rural Development (Ross Finnie) moved S1M-3914—That the Parliament welcomes the Executive’s commitment of up to £50 million in aid to assist fishermen, on-shore fisheries businesses and fishing communities throughout Scotland as a very substantial response to the outcome of the EU Fisheries Council in December 2002; welcomes the result of quota negotiations in the nephrops fishery and the progress made in reforms to the Common Fisheries Policy at that Council; endorses the need for sustainable economic development of Scotland’s fishing industry and communities; recognises this can best be achieved through healthier fish stocks; acknowledges this implies further restructuring of the white fish sector; welcomes the provision of up to £40 million for further decommissioning; welcomes the provision of up to £10 million in transitional support to facilitate rational economic planning and adjustment by those who wish to remain in the sector; notes that such transitional support will be conditional upon, for example, non-diversification into other valuable fisheries, such as the west coast and North Sea nephrops fisheries, and supports the Executive in its negotiations to secure a more economically realistic EU legal framework initially through amendment to the current interim EU regulation and thereafter through a successor regime.

After debate, the motion was agreed to ((DT) by division: For 66, Against 49, Abstentions 1).

Richard Lochhead moved amendment S1M-3914.1 to motion S1M-3914—

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

“condemns the deal supported by the Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs at December’s EU Fisheries Council; agrees with the Minister for Environment and Rural Development that the deal is “inequitable, unfair and even crude”; rejects the scale of the decommissioning element of the Scottish Executive’s subsequent aid package and calls on ministers to agree with industry representatives a recovery plan that includes appropriate assistance for the catching, processing and service sectors and ensures as far as possible that the industry remains intact; believes that Her Majesty’s Government and the European Commission should provide funding towards such a recovery plan; demands that the Executive and Her Majesty’s Government renegotiate immediately the days at sea and quota cuts with a view to replacing these measures at the earliest opportunity with a management regime that promotes sustainability and protects the future of our fishing communities; urges ministers to ensure that Scotland’s quota allocations only benefit active fishermen in Scotland, and recognises that the Common Fisheries Policy must be replaced by a policy that returns genuine control of our fishing grounds to the Parliament.”

After debate, the amendment was disagreed to ((DT) by division: For 32, Against 80, Abstentions 1).

Mr Jamie McGrigor moved amendment S1M-3914.2 to motion S1M-3914—

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

“recognises that the results of the EU Fisheries Council in December were disastrous for Scotland; notes the severity of the crisis now facing the Scottish fishing industry; believes that the effects of the conservation measures already taken by Scottish fishermen have not been taken into full consideration; further notes the Scottish Executive’s £50 million aid package but questions the balance of allocation between decommissioning and transitional funding, and notes that the Common Fisheries Policy of collective management has been disastrous for the Scottish fishing industry and must be replaced and that only a move to national and local control will bring sustainability to the Scottish fishing industry in the future.”

After debate, the amendment was disagreed to ((DT) by division: For 17, Against 70, Abstentions 28).

The motion  was then agreed to ((DT) by division: For 66, Against 49, Abstentions 1).

5.      Criminal Justice (Scotland) Bill – Stage 3: The Bill was considered at Stage 3 (Day 1).

The following amendments were agreed to (without division): 11, 12, 13, 14  and 15.

The following amendments were disagreed to (by division)—

            82        (For 39, Against 62, Abstentions 0)

            83        (For 25, Against 76, Abstentions 0)

Another amendment was not moved.

6.      Location of a New Hospital for Forth Valley: The Parliament debated S1M-3864 in the name of Brian Monteith—That the Parliament notes the announcement by the Forth Valley NHS Board that its favoured location for a new single-site hospital for Forth Valley is the Royal Scottish National hospital site at Larbert; further notes that the board is to undertake further work including a feasibility study and transport impact assessment before submitting its outline business case to the Scottish Executive this summer; recognises that the Scottish Executive and the Minister for Health and Community Care retain the ultimate say over the location of the proposed new hospital for the area, and believes that the Executive should consider any case for a new hospital in the context of the accessibility of the hospital to the public and the consequential arrangements for community health care throughout the Forth Valley NHS Board area.

7.      Criminal Justice (Scotland) Bill – Stage 3: The Parliament resumed consideration of the Bill at Stage 3 (Day 1).

The following amendments were agreed to (without division): 18, 19, 20, 21, 22, 23, 88, 89, 44, 25, 26, 27, 28, 29, 91, 30, 31, 92, 49, 50, 51, 52, 53, 54, 55, 56, 45, 4, 93, 79, 46, 47, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70.

Amendment 10 was agreed to by division (For 95, Against 15, Abstentions 1)

The following amendments were disagreed to (by division)—

          87          (For 22, Against 42, Abstentions 1)

          24          (For 8, Against 82, Abstentions 0)

          32          (For 9, Against 83, Abstentions 0)

          78          (For 12, Against 88, Abstentions 0)

          33          (For 14, Against 90, Abstentions 0)

          38          (For 14, Against 91, Abstentions 1)

          39          (For 15, Against 92, Abstentions 0)

            6          (For 18, Against 96, Abstentions 0)

          95          (For 35, Against 74, Abstentions 3)

          41          (For 17, Against 92, Abstentions 0)

          97          (For 15, Against 87, Abstentions 0)

          99          (For 42, Against 65, Abstentions 0)

            7          (For 17, Against 95, Abstentions 1)

Amendments 85 and 98 were moved and, with the agreement of the Parliament, withdrawn.

Other amendments were not moved.

The Parliament ended consideration of the Bill for the day, amendment 1 having been called but not moved.

8.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3918—That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the draft Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003.

The motion was agreed to (DT).

9.      Designation of Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3919—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the draft General Commissioners of Income Tax (Expenses) (Scotland) Regulations 2003.

The motion was agreed to (DT).

10.    Decision Time: Euan Robson, on behalf of the Parliamentary Bureau, moved a motion, without notice, that the Parliament agrees under Rule 11.2.4 of Standing Orders, that Decision Time on Wednesday 21 February 2003 be taken at 6.25 pm.

The motion was agreed to.

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

The meeting closed at 6.29 pm.

No. 53 Thursday 20 February 2003

The meeting opened at 9.30 am.

1.      Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3921—That the Parliament agrees—

(a) the following programme of business—

Wednesday 26 February 2003

9:30 am                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Scottish Conservative and Unionist Party Business

11:00 am                        Executive Debate on Educational Attainment of Looked After Children

2:00 pm                          Stage 3 of Title Conditions (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business - debate on the subject of S1M-3898 Dr Richard Simpson: New Forth Road Bridge Crossing Near Kincardine

Thursday 27 February 2003

9:30 am                          Preliminary Stage Debate on National Galleries of Scotland Bill

followed by                      Stage 1 Debate on Prostitution Tolerance Zones (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 European Year of the Disabled

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

Wednesday 5 March 2003

9:30 am                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Executive Business

2:00 pm                          Parliamentary Bureau Motions

followed by                      Stage 3 of Homelessness (Scotland) Bill

5:00 pm                          Decision Time

followed by                      Members' Business

Thursday 6 March 2003

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 the Justice 1 Committee reports to the Justice 2 Committee by 4 March 2003 on the draft General Commissioners of Income Tax (Expenses) (Scotland) Regulations 2003 and that the Justice 2 Committee reports to the Justice 1 Committee by 4 March 2003 on the draft Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003.

The motion was agreed to.

2. Criminal Justice (Scotland) Bill and Building (Scotland) Bill – Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3927— That the Parliament agrees that, during today's Stage 3 proceedings on the Criminal Justice (Scotland) Bill and the Building (Scotland) Bill, debate on each part of those proceedings shall be brought to a conclusion by the time-limits indicated (each time-limit being calculated from when today's Stage 3 proceedings on the Criminal Justice (Scotland) Bill begin and excluding any periods when other business is under consideration or when the meeting of the Parliament is suspended)—

Criminal Justice (Scotland) Bill

Groups 22 and 23 - no later than 40 minutes

Groups 24 to 30 - no later than 1 hour 45 minutes

Motion to pass the Bill - no later than 2 hours 15 minutes

Building (Scotland) Bill

Groups 1 to 5 - no later than 3 hours 10 minutes

Groups 6 to 12 - no later than 4 hours 10 minutes

Motion to pass the Bill - 4 hours 40 minutes

The motion was agreed to.

3.      Criminal Justice (Scotland) Bill - Stage 3: The Bill was considered at Stage 3 (Day 2).

The following amendments were agreed to (without division): 73, 8, 109, 16, 17, 42 and 48.

The following amendments were agreed to (by division)—

            71        (For 66, Against 28, Abstentions 2)

            72        (For 67, Against 28, Abstentions 2)

The following amendments were disagreed to (by division)—

            101     (For 27, Against 68, Abstentions 2)

            102     (For 26, Against 67, Abstentions 2)

            103     (For 29, Against 69, Abstentions 2)

            104     (For 37, Against 61, Abstentions 2)

              74      (For 30, Against 70, Abstentions 1)

              75      (For 39, Against 59, Abstentions 0)

              76      (For 36, Against 61, Abstentions 0)

Amendments 108 and 81 were moved and, with the agreement of the Parliament, withdrawn.

Other amendments were not moved.

4.      Criminal Justice (Scotland) Bill – Stage 3: The Deputy First Minister and Minister for Justice (Mr Jim Wallace) moved S1M-3730—That the Parliament agrees that the Criminal Justice (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 71, Against 0, Abstentions 15).

5.      Building (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 3, 4, 5, 6, 7, 8, 9, 10, 11, 62, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 63, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 2, 64, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60 and 61.

Amendment 1 was disagreed to (by division: For 24, Against 66, Abstentions 0)

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

7.      Building (Scotland) Bill – Stage 3: The Deputy Minister for Social Justice (Des McNulty) moved S1M-3757—That the Parliament agrees that the Building (Scotland) Bill be passed.

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

8.      Approval of Special Grant Report: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3917—That the Parliament agrees that the Special Grant Report No.1: Special Grant for Scotland Asylum Seeker Assistance - Report by Scottish Ministers (SE/2003/15) be approved.

The motion was agreed to (DT).

9.      Decision Time: Euan Robson, on behalf of the Parliamentary Bureau, moved a motion, without notice, that the Parliament agrees under rule 11.2.4 of Standing Orders that Decision Time on Thursday 20 February 2003 be taken at 4.14 pm.

The motion was agreed to.

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

11.    Arbroath CAFE Project: The Parliament debated S1M-3860 in the name of Andrew Welsh—That the Parliament applauds the pioneering work of the Arbroath CAFE Project which provides an invaluable service for young people in the area; notes that a safe, community alcohol-free environment was established where young people could socialise and engage in a wide range of activities, providing a positive alternative to “life on the street”; recognises the success of the project which has received national and international recognition and is being used as a model for projects elsewhere in the country and further afield; congratulates the project on its involvement with the British Council’s global Dreams and Teams project and on its plans to launch a pilot scheme, “Street Football for All” to take place throughout Angus with a view to becoming a national project, and wishes the CAFE Project every success with both these initiatives and in continuing to provide opportunities for young people and the wider community.

The meeting closed at 4.54 pm.

No. 54 Wednesday 26 February 2003

The meeting opened at 9.30 am.

1.      Time for Reflection: Major Alan Dixon, Assistant to the Scotland Secretary, Salvation Army, led Time for Reflection.

2.      Title Conditions (Scotland) Bill – Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3957—That the Parliament agrees that, during the Stage 3 proceedings on the Title Conditions (Scotland) Bill, debate on each part of those 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 of the Parliament is suspended)—

Groups 1 to 9 - no later than 45 minutes

Groups 10 to 16 - no later than 1 hour 45 minutes

Groups 17 to 26 - no later than 2 hours 30 minutes

Motion to pass the Bill - no later than 3 hours.

The motion was agreed to.

3.      Health: Mary Scanlon moved S1M-3944—That the Parliament acknowledges that funding for the NHS in Scotland has continued to increase since the Parliament was established; regrets, however, that this increase in funding has only come about as a result of an increase in the tax burden imposed on everyone in Scotland and that it has not led to an improvement in the service for patients, who have to wait longer for treatment and face the prospect of being forced to go abroad to get the treatment they need in a reasonable time; believes that the Scottish Executive’s centralising approach is not working because, despite the best efforts of NHS staff, the current centralised, monopoly system of providing healthcare wastes too much money and therefore does not result in an improvement in front-line patient care, and calls on the Executive to match the extra investment with a sustained and coherent programme of reform that builds on the NHS’s fundamental values of high-quality healthcare available to all, irrespective of their ability to pay, and seeks to realise these values by putting the needs and expectations of patients at the heart of the service by ensuring that money follows patients so that they have real choice over the treatment they receive, creating a partnership between the NHS and the independent sector so that all our facilities are used to cut waiting lists and times for NHS patients and devolving power to GPs and local hospitals so that NHS staff have far more say in how the health service is run so that it responds to the real needs of patients.

The Minister for Health and Community Care (Malcolm Chisholm) moved amendment S1M-3944.1 to motion S1M-3944—

Leave out from “acknowledges” to end and insert—

“welcomes the further increases in the Scottish Executive’s investment in health and health promotion announced earlier this month; notes that these extra resources must be balanced by reform in the NHS for full benefits to flow to service users; supports the on-going work to put patients at the centre of service planning and quality improvement in the NHS; supports the strengthening of the primary healthcare sector and decentralisation of decision-making; is concerned about waiting times for some out-patients; agrees with the priority given to tackling unacceptably long waits; commends the new maximum hospital waiting times guarantees for NHS patients given by the Executive; looks forward to further reductions in the number of patients waiting longest for treatment; welcomes the recent reduction in the number of delayed discharges from Scottish hospitals and the active collaboration between health and community care services in achieving this, and congratulates staff across the NHS in Scotland on their hard work and dedication to a highly regarded public service.”

After debate, the amendment was agreed to ((DT) by division: For 64, Against 45, Abstentions 0).

The motion as amended was agreed to ((DT) by division: For 67, Against 44, Abstentions 0).

Accordingly the Parliament resolved—That the Parliament welcomes the further increases in the Scottish Executive’s investment in health and health promotion announced earlier this month; notes that these extra resources must be balanced by reform in the NHS for full benefits to flow to service users; supports the on-going work to put patients at the centre of service planning and quality improvement in the NHS; supports the strengthening of the primary healthcare sector and decentralisation of decision-making; is concerned about waiting times for some out-patients; agrees with the priority given to tackling unacceptably long waits; commends the new maximum hospital waiting times guarantees for NHS patients given by the Executive; looks forward to further reductions in the number of patients waiting longest for treatment; welcomes the recent reduction in the number of delayed discharges from Scottish hospitals and the active collaboration between health and community care services in achieving this, and congratulates staff across the NHS in Scotland on their hard work and dedication to a highly regarded public service.

4.      Educational Attainment For Looked After Children: The Minister for Education and Young People (Cathy Jamieson) moved S1M-3943—That the Parliament recognises that young people looked after by local authorities require support to enable them to have the best possible educational opportunity; welcomes the use made of the £10 million allocated to local authorities to support educational attainment of looked after children, and notes that, while progress has been made on implementing the recommendations made in Learning With Care, continued effort must be made to ensure that every looked after child has an appropriate care plan, including a plan for education, and is in full time education provision appropriate to need and that staff in social work and education work together to support all looked after children to reach their full potential.

Irene McGugan moved amendment S1M-3943.1 to motion S1M-3943—

Leave out from “the use” to end and insert—

“funding and other initiatives to improve attainment of looked after children; regrets, however, that progress has been so slow, particularly as the Scottish Executive has brought this and associated issues with regard to looked after children to debate in the Parliament on no less than four previous occasions; recognises that the issues cannot be resolved without adequate qualified staff in the system; supports wholeheartedly better integrated children’s services but suggests that the Executive desist from blaming local authorities and local authority staff for the problems caused by its own and previous governments’ policy failures, and therefore urges the Executive to acknowledge and address the financial and staffing pressures that local authorities face every day in attempting to meet their statutory duties.”

After debate, the amendment was disagreed to ((DT) by division: For 30, Against 82, Abstentions 0).

The motion was then agreed to (DT).

5.      Title Conditions (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The Presiding Officer pointed out an error in amendment 171, namely that “page 92, line 2” should read “page 91, line 40”.

The following amendments were agreed to without division: 1, 2, 3, 4, 5, 6, 85, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 177, 178, 19, 20, 21, 22, 179, 23, 24, 25, 26, 180, 181, 182, 183, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 86, 52, 53, 190, 55, 56, 57, 58, 59, 60, 61, 62, 63, 87, 88, 89, 90, 91, 92, 93, 192, 193, 194, 195, 196, 94, 197, 95, 198, 97, 98, 199, 200, 99, 201, 100, 101, 102, 103, 104, 202, 203, 105, 106, 107, 108, 109, 110, 204, 111, 112, 205, 206, 207, 208, 113, 209, 114, 115, 116, 117, 118, 119, 120, 210, 121, 122, 211, 212, 123, 124, 125, 64, 65, 66, 213, 67, 214, 68, 69, 70, 71, 126, 72, 127, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 215, 216, 217, 218, 219, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 220, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171 and 172.

The following amendments were disagreed to (by division)—

          186                 (For 2, Against 96, Abstentions 0)

          191                 (For 1, Against 93, Abstentions 0)

The following amendments were moved and, with the agreement of the Parliament, withdrawn: 175, 176 and 184.

Other amendments were not moved.

6.      Title Conditions (Scotland) Bill: The Deputy First Minister and Minister for Justice moved S1M-3777—That the Parliament agrees that the Title Conditions (Scotland) Bill be passed.

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

7.      Designation of a Lead Committee: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-3952—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the Births, Deaths, Marriages and Divorces (Fees) (Scotland) Amendment Regulations 2003 (SSI 2003/89).

The motion was agreed to (DT).

8.         Business Motion: Euan Robson, on behalf of the Parliamentary Bureau moved S1M-3963—That the Parliament agrees—

as a revision to the programme of business agreed on 20 February 2003—

Thursday 27 February 2003

delete—

“9:30 am                         Preliminary Stage Debate on National Galleries of Scotland Bill”

and insert—

“9:30 am                         Ministerial Statement on Partnership for Care Scotland’s Health White Paper

followed by                      Preliminary Stage Debate on National Galleries of Scotland Bill”

(b) the following programme of business—

Wednesday 5 March 2003

9:30 am                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Debate on The Fishing Vessels (Decommissioning) (Scotland) Scheme 2003 and on The Sea Fishing (Transitional Support) No.2 (Scotland) Scheme 2003

11:30 am                        Ministerial Statement

12:00 pm                        Procedures Committee Debate on its 1st Report 2003: Report on Changes to Standing Orders Concerning Legislative Matters, Motions and Lodging Written Questions, on its 2nd Report 2003: Report on Changes to Standing Orders Concerning Elections to the Scottish Parliamentary Corporate Body, on its 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

2:30 pm                          Parliamentary Bureau Motions

followed by                      Stage 3 of Homelessness (Scotland) Bill

5:00 pm                          Decision Time

followed by                      Members' Business – debate on the subject of S1M-3830 Margo MacDonald: European Commission Directive on Food Supplements

Thursday 6 March 2003

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                          Stage 1 on Gaelic Language (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business – debate on the subject of S1M-3691 Linda Fabiani: Scotland’s Fair Trade Towns

Wednesday 12 March 2003

9:30 am                          Time for Reflection

followed by                      Parliamentary Bureau Motions

followed by                      Stage 3 of Agricultural Holdings (Scotland) Bill

2:30 pm                          Continuation of Stage 3 of Agricultural Holdings (Scotland) Bill

followed by                      Parliamentary Bureau Motions

5:00 pm                          Decision Time

followed by                      Members' Business

Thursday 13 March 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

followed by                      Parliamentary Bureau Motions

3:30 pm                          Stage 3 of 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 10 March 2003 on the Births, Deaths, Marriages and Divorces (Fees) (Scotland) Amendment Regulations 2003 (SSI 2003/89)

and (d) that Stage 1 of the Gaelic Language (Scotland) Bill be completed by 6 March 2003.

The motion was agreed to

9.      Decision Time: Euan Robson, on behalf of the Parliamentary Bureau, moved a motion, without notice, that the Parliament agrees under rule 11.2.4 of Standing Orders that Decision Time on Wednesday 26 February 2003 be taken at 4.49 pm.

The motion was agreed to.

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

11.    Ethical Investment: The Parliament debated S1M-3723 in the name of Angus MacKay—That the Parliament notes the work of Edinburgh University People and Planet group and the decision of the Edinburgh University Students’ Association to endorse overwhelmingly a motion on ethical investment during its general meeting; congratulates students that have chosen to highlight the issue on the university campus by campaigning that the University of Edinburgh’s investments of £160 million should be invested only in ethical companies that do not flout human rights, exploit workers, pollute heavily or irresponsibly sell armaments; welcomes the decision of the University Court to make available previously confidential information about investments as a first step in achieving these aims but considers that the University of Edinburgh should go further by developing a fully accountable ethical investment policy, and believes that other universities in the United Kingdom should develop similar policies based on the shared values of their staff and students.

The meeting closed at 5.39 pm.

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