30 June Vol. 4, No 15 Session 3

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

The meeting opened at 9.15 am.

1. Time for Reflection: Rev Dr Angus Kerr, Clerk of Presbytery of Glasgow, Church of Scotland led Time for Reflection.

2. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-6671—That the Parliament agrees under Rule 11.2.4 of Standing Orders that Decision Time on Wednesday 30 June 2010 shall begin at 5.30 pm.

The motion was agreed to.

3. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-6672—That the Parliament agrees—

(a) the following revision to the programme of business for Wednesday 30 June 2010—

delete

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business – S3M-6377 Aileen Campbell: Perspectives of Children and Young People with a Parent in Prison

and insert

followed by Ministerial Statement: The Gathering

followed by Business Motion

followed by Parliamentary Bureau Motions

5.30 pm Decision Time

followed by Members’ Business – S3M-6377 Aileen Campbell: Perspectives of Children and Young People with a Parent in Prison

and (b) the following revision to the programme of business for Thursday 1 July 2010—

delete

2.55 pm Finance Committee Debate: Budget Strategy Phase Report

and insert

2.55 pm Continuation of Stage 3 Proceedings: Crofting Reform (Scotland) Bill

followed by Finance Committee Debate: Budget Strategy Phase Report

The motion was agreed to.

4. Criminal Justice and Licensing (Scotland) Bill: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-6673—That the Parliament agrees that, during Stage 3 of the Criminal Justice and Licensing (Scotland) Bill—

(a) debate on the groups of amendments specified below in relation to the morning and afternoon shall, subject to Rule 9.8.4A, be brought to a conclusion by the time limits indicated;

(b) each time limit specified in relation to the morning shall be calculated from the beginning of proceedings in the morning and each time limit specified in relation to the afternoon shall be calculated from the beginning of proceedings in the afternoon; and

(c) all time limits shall exclude any period when other business is under consideration or when a meeting of the Parliament is suspended (other than a suspension following the first division in each of the morning and the afternoon being called) or otherwise not in progress:

Morning

Groups 1 to 6: 45 minutes
Groups 7 and 8: 1 hour 35 minutes
Group 9: 2 hours 20 minutes
Groups 10 to 12: 3 hours 10 minutes
Groups 13 to 16: 3 hours 40 minutes

Afternoon

Groups 17 to 19: 10 minutes
Groups 20 to 23: 40 minutes
Groups 24 to 27: 1 hour 10 minutes
Groups 28 to 32: 1 hour 30 minutes.

The motion was agreed to.

5. Criminal Justice and Licensing(Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 8, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 55, 56, 57, 58, 59, 60, 64, 65, 66, 67, 68, 69, 72, 73, 74, 75, 76, 77, 78, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 193, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 167, 168, 169, 170, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185 and 186.

The following amendments were agreed to (by division)—

54 (For 81, Against 46, Abstentions 0)
11 (For 78, Against 48, Abstentions 0)
61 (For 65, Against 62, Abstentions 0)
62 (For 81, Against 0, Abstentions 46)
2 (For 47, Against 33, Abstentions 45)
3 (For 63, Against 61, Abstentions 0)
63 (For 92, Against 29, Abstentions 0)
70 (For 117, Against 3, Abstentions 0)
71 (For 117, Against 3, Abstentions 0)
166 (For 77, Against 44, Abstentions 0)
172 (For 60, Against 58, Abstentions 1)

The following amendments were disagreed to (by division)—

9 (For 62, Against 64, Abstentions 0)
12 (For 31, Against 96, Abstentions 0)
13 (For 32, Against 88, Abstentions 1)
14 (For 16, Against 105, Abstentions 0)
6 (For 44, Against 78, Abstentions 0)
79 (For 44, Against 78, Abstentions 0)
190 (For 15, Against 108, Abstentions 0)
4 (For 43, Against 78, Abstentions 0)
191 (For 15, Against 105, Abstentions 0)
16 (For 15, Against 104, Abstentions 0)
198 (For 45, Against 76, Abstentions 0)
164 (For 45, Against 64, Abstentions 13)
165 (For 45, Against 63, Abstentions 13)
199 (For 56, Against 63, Abstentions 0)
171 (For 48, Against 69, Abstentions 1)

The following amendments were moved and, with the agreement of the Parliament, withdrawn: 61A, 194 and 195.

The following amendments were not moved: 10, 187, 188, 189, 192, 7, 17, 18, 19, 20, 21, 22, 23, 24, 25, 28, 29, 30, 31, 196 and 197.

The following amendments were pre-empted: 26, 27 and 32.

The Deputy Presiding Officers extended time limits under Rule 9.8.4A (c).

6. Motion without notice: Bruce Crawford moved without notice that, under Rule 9.8.5A, the debate on Groups 30 to 32 be extended by up to 10 minutes.

The motion was agreed to.

7. Criminal Justice and Licensing (Scotland) Bill: The Cabinet Secretary for Justice (Kenny MacAskill) moved S3M-6604—That the Parliament agrees that the Criminal Justice and Licensing (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 64, Against 61, Abstentions 0).

8. Ministerial Statement: The Cabinet Secretary for Education and Lifelong Learning (Michael Russell) made a statement and answered questions on The Gathering.

9. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-6674—That the Parliament agrees the following programme of business—

Wednesday 8 September 2010

1.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Scottish Government Business

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 9 September 2010

9.15 am Parliamentary Bureau Motions

followed by Scottish Government Business

11.40 am General Question Time

12 noon First Minister’s Question Time

2.15 pm Themed Question Time

Finance and Sustainable Growth

2.55 pm Scottish Government Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 15 September 2010

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Scottish Government Business

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 16 September 2010

9.15 am Parliamentary Bureau Motions

followed by Scottish Government Business

11.40 am General Question Time

12 noon First Minister's Question Time

2.15 pm Themed Question Time

Education and Lifelong Learning;
Europe, External Affairs and Culture

2.55 pm Scottish Government Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

The motion was agreed to.

10. Business Motions: Bruce Crawford, on behalf of the Parliamentary Bureau, moved—

S3M-6675—That the Parliament agrees that consideration of the Autism (Scotland) Bill at Stage 1 be completed by 21 January 2011.

S3M-6676—That the Parliament agrees that consideration of the Damages (Scotland) Bill at Stage 1 be completed by 17 December 2010.

S3M-6677—That the Parliament agrees that consideration of the Palliative Care (Scotland) Bill at Stage 1 be completed by 10 December 2010.

S3M-6678—That the Parliament agrees that consideration of the Property Factors (Scotland) Bill at Stage 1 be completed by 10 December 2010.

The motions were agreed too.

11. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-6679—That the Parliament agrees that the draft Dormant Bank and Building Society Accounts (Scotland) Order 2010 be approved.

After debate, the motion was agreed to ((DT) by division: For 65, Against 60, Abstentions 0).

12. Approval of SSIs: Bruce Crawford, on behalf of the Parliamentary Bureau, moved—

S3M-6680—That the Parliament agrees that the draft National Health Service (Reimbursement of the Cost of EEA Treatment) (Scotland) Regulations 2010 be approved.

S3M-6681—That the Parliament agrees that the draft Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment (No. 2) Regulations 2010 be approved.

S3M-6682—That the Parliament agrees that the draft Applications by Creditors (Pre-Action Requirements) (Scotland) Order 2010 be approved.

S3M-6683—That the Parliament agrees that the draft Home Owner and Debtor Protection (Scotland) Act 2010 (Consequential Provisions) Order 2010 be approved.

The motions were agreed to (DT).

13. Membership of the Congress of Local and Regional Authorities of Europe of the Council of Europe: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-6684—That the Parliament agrees to nominate, as a representative of the Parliament, Mr Frank McAveety MSP, as the alternate member on the UK delegation to the regional chamber of the Congress of Local and Regional Authorities of Europe of the Council of Europe.

The motion was agreed to (DT).

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

15. Perspectives of Children and Young People with a Parent in Prison: The Parliament debated S3M-6377 in the name of Aileen Campbell—That the Parliament welcomes the report, Perspectives of Children and Young People with a Parent in Prison, issued by the Commissioner for Children and Young People in Scotland and Families Outside and which explores the experiences of children and young people who have had a family member sent to prison; welcomes the consideration that has already been given to this important issue during the proceedings of the Criminal Justice and Licensing (Scotland) Bill; notes with concern the finding of the report that each year as many as 16,500 children across Scotland, including the South of Scotland region, will experience the imprisonment of a parent or carer, and believes that a cross-party approach is the best way to ensure that the rights of the children of offenders, who are often the innocent and forgotten victims of crime, are respected in the legal system.

The meeting closed at 6.26 pm.

P E Grice
Clerk of the Parliament
30 June 2010

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

Subordinate Legislation

Negative Instruments

The following instrument was laid before the Parliament on 25 June 2010 and is subject to annulment—

The Criminal Legal Aid (Fixed Payments) (Scotland) Amendment (No. 2) Regulations 2010 (SSI 2010/267)

laid under section 37(1) of the Legal Aid (Scotland) Act 1986

The following instrument was laid before the Parliament on 29 June 2010 and is subject to annulment—

The Criminal Legal Assistance (Fees) (Scotland) Regulations 2010 (SSI2010/270)

laid under section 37 of the Legal Aid (Scotland) Act 1986

Other Documents

The following document was laid before the Parliament on 29 June 2010 and is not subject to any Parliamentary procedure

Section 70 Grant Payments In accordance with: Transport Scotland Act 2001 Section 70(4) Financial Year 2009-10 (SG/2010/115)

laid under section 70(4) of the Transport Scotland Act 2001

The following documents were laid before the Parliament on 30 June 2010 and are not subject to any Parliamentary procedure—

13th Report of the Financial Reporting Advisory Board: Report for the period April 2009 to March 2010 (SG/2010/100)

laid at the request of a member of the Scottish Executive and not under any laying power

Scottish Criminal Cases Review Commission Annual Report 2009-10 (SG/2010/65)

laid under paragraph 8 of Schedule 9A of the Criminal Procedure (Scotland) Act 1995

Scottish Criminal Cases Review Commission 2009-10 Annual Accounts (SG/2010/98)

laid under section 22(5) of the Public Finance and Accountability (Scotland) Act 200

Water Industry Commission for Scotland Annual Report 2009-10 (SG/2010/97)

laid under section 5(4) of the Water Industry Commission (Scotland) Act 2002

Committee Reports

The following report was published on 25 June 2010

Economy, Energy and Tourism Committee, 7th Report 2010 (Session 3): Report on Subordinate Legislation (SP Paper 476)

The following report was published on Monday 28 June 2010

Health and Sport Committee, 8th Report 2010 (Session 3): NHS board revenue allocations (SP Paper 477)

The following report was published on 29 June 2010

Standards, Procedures and Public Appointments Committee, 4th Report, 2010 (Session 3): Consultation Report on MSPs’ Registrable Interests: Proposed Changes to Section 2 of the Code of Conduct (SP Paper 478)

The following report was published on 30 June 2010­­­­

Subordinate Legislation Committee, 40th Report, 2010 (Session 3): Crofting Reform (Scotland) Bill as amended at stage 2 (SPPaper 479)