Meeting of the Parliament

Wednesday 9 November 2005

Note: (DT) signifies a decision taken at Decision Time.

The meeting opened at 2.30 pm.

1. Time for Reflection: Father James Doherty, St Joachim’s Church, Carmyle, led Time for Reflection.

2. Environmental Assessment (Scotland) Bill: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3536—That the Parliament agrees that, during Stage 3 of the Environmental Assessment (Scotland) Bill, debate on groups of amendments shall, subject to Rule 9.8.4A, 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 (other than a suspension following the first division in the Stage being called) or otherwise not in progress):

Groups 1 and 2 – 20 minutes
Groups 3 and 4 – 50 minutes
Groups 5 to 7 – 1 hour and 15 minutes
Groups 8 to 10 – 1 hour and 40 minutes.

The motion was agreed to.

3. Environmental Assessment (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 7 and 8

The following amendments were disagreed to (by division)—

3 (For 30, Against 73, Abstentions 0)
4 (For 30, Against 72, Abstentions 0)
12 (For 28, Against 72, Abstentions 6)
9 (For 34, Against 72, Abstentions 0)
5 (For 34, Against 70, Abstentions 0)
6 (For 34, Against 71, Abstentions 0)
13 (For 33, Against 73, Abstentions 1)
14 (For 34, Against 70, Abstentions 1)
15 (For 32, Against 71, Abstentions 2)
8A (For 31, Against 73, Abstentions 0)
2 (For 32, Against 69, Abstentions 1)
11 (For 5, Against 94, Abstentions 8)

The following amendments were not moved: 1 and 10.

4. Environmental Assessment (Scotland) Bill: The Minister for Environment and Rural Development (Ross Finnie) moved S2M-3435—That the Parliament agrees that the Environmental Assessment (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 98, Against 12, Abstentions 0).

5. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3545—That the Parliament agrees—

(a) the following programme of business—

Wednesday 16 November 2005

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Licensing (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 17 November 2005

9.15 am Parliamentary Bureau Motions

followed by Executive Debate: Dentistry

11.40 am General Question Time

12 noon First Minister’s Question Time

2.15 pm Themed Question Time—

Environment and Rural Development;
Health and Community Care

2.55 pm Executive Debate: Waste Strategy

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 23 November 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Procedures Committee Debate: 7th Report 2005, The Sewel Convention

followed by Procedures Committee Debate: 6th Report 2005, Admissibility and Closure of Public Petitions

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 24 November 2005

9.15 am Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Housing (Scotland) Bill

11.40 am General Question Time

12 noon First Minister’s Question Time

2.15 pm Themed Question Time—

Justice and Law Officers;
Enterprise, Transport and Lifelong Learning

2.55 pm Conclusion of Stage 3 Proceedings: Housing (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

and (b) that the period for members to submit their names for selection for Question Times on 12 January 2006 should end at 12 noon on Wednesday 21 December 2005.

The motion was agreed to.

6. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3540—That the Parliament agrees that consideration of the Interests of Members of the Scottish Parliament Bill at Stage 1 be completed by 16 December 2005.

The motion was agreed to.

7. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3541—That the Parliament agrees that consideration of the Animal Health and Welfare (Scotland) Bill at Stage 1 be completed by 24 February 2006.

The motion was agreed to.

8. Office of the Clerk: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-3532—That the Parliament agrees that the Office of the Clerk will be closed on 28, 29 and 30 December 2005.

The motion was agreed to (DT).

9. Approval of SSIs: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved—

S2M-3533—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 12) (Scotland) Order 2005 (SSI 2005/497) be approved;
S2M-3534—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (Scotland) Order 2005 (SSI 2005/506) be approved; and
S2M-3535—That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (Scotland) Order 2005 (SSI 2005/498) be approved.

The motions were agreed to ((DT) by division: For 108, Against 4, Abstentions 0).

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

11. HMV/Waterstones Takeover of Ottakar’s Book Stores: The Parliament debated S2M-3325 in the name of Kenny MacAskill—That the Parliament voices its grave concern over, and opposition to, the proposed takeover of Ottakar’s book stores by HMV/Waterstones; notes that, if the takeover goes ahead, there will be effectively a monopoly on bookselling in many towns and cities in Scotland; regrets that, despite Edinburgh being the World City of Literature, in recent times it has witnessed the demise of independent Scottish-owned book stores such as Bauermeister and James Thin, meaning that there is now no Scottish-owned book chain in Edinburgh or indeed Scotland; recognises that the internal structure of Ottakar’s genuinely reflects the distinctive Scottish book market, with a Scottish range and marketing manager and two Scottish operating managers; contrasts this with the highly centralised structure and purchasing policy of HMV/Waterstones, which has led to a decrease in in-store diversity and availability of Scottish books through Waterstones; thus recognises that this takeover is potentially very damaging for the Scottish publishing industry, the Scottish printing industry and Scottish writers and will have the effect of limiting choice for the Scottish book-buying public and harming our national culture and identity, and considers that the Competition Commission should investigate this takeover on the grounds of market dominance in Scotland.

The meeting closed at 5.50 pm.

P E Grice
Clerk of the Parliament
9 November 2005

Appendix
(Note: this Appendix does not form part of the Minutes)

New Bills introduced or reprinted on 3 November 2005

Management of Offenders etc. (Scotland) Bill—The Bill was reprinted as passed (SP Bill 39B) (Executive Bill).

Subordinate Legislation

Affirmative Instruments

The following instrument was laid before the Parliament on 8 November 2005 for approval by resolution

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No. 2) (Scotland) Order 2005 (SSI 2005/548)

laid under section 1(8) of the Food and Environment Protection Act 1985

The following instruments were laid in draft before the Parliament on 9 November 2005 for approval by resolution—

The Fundable Bodies (Scotland) Order 2005

laid under section 34(4) of the Further and Higher Education (Scotland) Act 2005

The Scotland Act 1998 (Modifications of Schedule 5) (No. 3) Order 2005

laid under section 115 of, and paragraphs 1 and 2 of Schedule 7 to, the Scotland Act 1998

The Contaminated Land (Scotland) Regulations 2005

laid under section 36(6) of the Water Environment and Water Services (Scotland) Act 2003

Negative Instruments

The following instruments were laid before the Parliament on 4 November 2005 and are subject to annulment—

The Glasgow School of Art (Scotland) Amendment Order of Council 2005 (SSI 2005/525)

laid under section 60 of the Further and Higher Education (Scotland) Act 1992

The Teachers’ Superannuation (Scotland) Amendment Regulations 2005 (SSI 2005/543)

laid under sections 12(6) and 24(5) of the Superannuation Act 1972

The National Health Service (Superannuation Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Civil Partnership) (Scotland) Amendment Regulations 2005 (SSI 2005/544)

laid under sections 12(6) and 24(5) of the Superannuation Act 1972

The Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment (No. 2) Regulations 2005 (SSI 2005/545)

laid under section 133(2) of the Education (Scotland) Act 1980, sections 1(5) and 2(4) of the Education (Fees and Awards) Act 1983 and section 1(7) of the Education (Graduate Endowment and Student Support) (Scotland) Act 2001

The following instrument was laid before the Parliament on 8 November 2005 and is subject to annulment

The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (SSI 2005/549)

laid under section 67(8) of the Utilities Act 2000

The following instruments were laid before the Parliament on 9 November 2005 and are subject to annulment—

The Common Services Agency (Membership and Procedure) Amendment (Scotland) Regulations 2005 (SSI 2005/550)

laid under section 105(2) of the National Health Service (Scotland) Act 1978

The Sea Fishing (Enforcement of Community Control Measures) (Scotland) Amendment Order 2005 (SSI 2005/552)

laid under section 30(4) of the Fisheries Act 1981

The Local Government Pensions Etc. (Civil Partnership) (Scotland) Amendment Regulations 2005 (SSI 2005/554)

laid under sections 12(6) and 24(5) of the Superannuation Act 1972

The Plant Health Fees (Scotland) Amendment Regulations 2005 (SSI 2005/555)

laid under paragraph 2(2) of Schedule 2 to the European Communities Act 1972

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 8 November 2005 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (Scotland) Revocation Order 2005 (SSI 2005/547)

laid under section 1(10) of the Food and Environment Protection Act 1985

The following instrument was laid before the Parliament on 9 November 2005 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 10) (Scotland) Partial Revocation Order 2005 (SSI 2005/551)

laid under section 1(10) of the Food and Environment Protection Act 1985

Other Documents

The following document was laid before the Parliament on 8 November 2005 and is not subject to any Parliamentary procedure

British Library Annual Report and Accounts 2004-05 (SE/2005/111)

laid under section 5(3) of the British Library Act 1972 and section 88 of the Scotland Act 1998

The following documents were laid before the Parliament on 9 November 2005 and are not subject to any Parliamentary procedure

Scottish Children’s Reporter Administration Executive Summary 2004-05 (SE/2005/219)

laid under section 135(1)(2)(a) of the Local Government (Scotland) Act 1994

Scottish Children’s Reporter Administration Accounts 2004-05 (SE/2005/229)

laid under section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

Scottish Executive: Supporting New Initiatives: A main report prepared for the Auditor General for Scotland (AGS/2005/07)

laid under the Public Finance and Accountability (Scotland) Act 2000

Committee Reports

The following report was published on 4 November 2005

Subordinate Legislation Committee, 38th Report, 2005 (Session 2): Report on Subordinate Legislation (SP Paper 442)