13 May Vol. 3, No 01 Session 3

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

The meeting opened at 2.30 pm.

1. Time for Reflection: The Very Rev Gilleasbuig Macmillan, Minister, St Giles’ Cathedral, Edinburgh, led Time for Reflection.

2. Flood Risk Management (Scotland) Bill: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-4111—That the Parliament agrees that, during Stage 3 of the Flood Risk Management (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 a 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 to 8: 1 hour 5 minutes

Groups 9 to 13: 1 hour 45 minutes

Groups 14 to 18: 2 hours 25 minutes.

The motion was agreed to.

3. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-4134—That the Parliament agrees that “9:00” be substituted for “9:15” in Rule 2.2.3 for the purpose of allowing the meeting of the Parliament on Thursday 14 May 2009 to begin at 9.00 am.

The motion was agreed to.

4. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-4135—That the Parliament agrees the following programme of business—

Thursday 14 May 2009

9.00 am Parliamentary Bureau Motions

followed by Ministerial Statement: Influenza A (H1N1)

followed by Ministerial Statement: Community Courts

followed by Stage 1 Debate: Scottish Local Government (Elections) Bill

followed by Financial Resolution: Scottish Local Government (Elections) Bill

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 Debate: Scotland’s Engagement in the United States of America and Canada

followed by Stage 3 Debate: Flood Risk Management (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business – S3M-3894 Cathy Jamieson: RNID Hearing Matters Campaign

The motion was agreed to.

5. Flood Risk Management (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 19, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 65, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 20, 21, 48, 22, 23, 24, 49, 50, 51, 52, 53, 54, 55, 56, 57, 17, 18, 58, 59, 60, 61, 62, 63 and 64.

The following amendments were agreed to (by division)—

4 (For 58, Against 56, Abstentions 0)

13 (For 56, Against 55, Abstentions 0)

The following amendments were disagreed to (by division)—

14 (For 56, Against 56, Abstentions 0; amendment disagreed to on casting vote)

15 (For 55, Against 57, Abstentions 0)

16 (For 57, Against 57, Abstentions 0; amendment disagreed to on casting vote)

The following amendments were moved and, with the agreement of the Parliament, withdrawn: 11 and 25

The following amendments were not moved: 8, 5, 9, 10, 7, 12 and 66

6. Flood Risk Management (Scotland) Bill: The Cabinet Secretary for Rural Affairs and the Environment moved S3M-4058—That the Parliament agrees that the Flood Risk Management (Scotland) Bill be passed.

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

7. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-4136—That the Parliament agrees the following programme of business—

Wednesday 20 May 2009

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Education (Additional Support for Learning) (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 21 May 2009

9.15 am Parliamentary Bureau Motions

followed by Scottish Labour Party Business

11.40 am General Question Time

12 noon First Minister’s Question Time

2.15 pm Themed Question Time

Europe, External Affairs and Culture
Education and Lifelong Learning

2.55 pm Scottish Government Debate: Importance of Aquaculture to the Scottish Economy

followed by Legislative Consent Motion: Coroners and Justice Bill – UK Legislation

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 27 May 2009

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 28 May 2009

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

Health and Wellbeing

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.

8. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-4121—That the Parliament agrees that consideration of the Marine (Scotland) Bill at Stage 1 be completed by 30 October 2009.

The motion was agreed to.

9. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-4122—That the Parliament agrees that consideration of the Climate Change (Scotland) Bill at Stage 2 be completed by 12 June 2009.

The motion was agreed to.

10. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-4123—That the Parliament agrees that the draft Scotland Act 1998 (Modification of Schedule 4) Order 2009 be approved.

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

11. Decision Time: The Parliament took decisions on items 6 and 10 as noted above.

12. HBOS, Lloyds TSB Merger: The Parliament debated S3M-3989 in the name of Margo MacDonald—That the Parliament considers that there would be merit in a public inquiry to look into the information that persuaded the Prime Minister and the Chancellor of the Exchequer to set aside the usual procedures that apply to company mergers and takeovers when HBOS and Lloyds TSB were given government support to do so, with a subsequent significant impact on the finance sector and employment in Edinburgh and in spite of the likelihood of the proposed merged bank being in breach of competition law and the cost to the taxpayer, before the shareholders and employees of both banks had been made aware of the full facts of the financial situation of both and before any alternatives had been explored.

The meeting closed at 5.48 pm.

P E Grice
Clerk of the Parliament
13 May 2009

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

Subordinate Legislation

Affirmative Instruments

The following instruments were laid in draft before the Parliament on 8 May 2009 for approval by resolution—

The Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2009––

The Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2009––

laid under section 459(6)(b) of the Proceeds of Crime Act 2002

The following instrument was laid in draft before the Parliament on 13 May 2009 for approval by resolution

The Licensing (Mandatory Conditions) (Scotland) Regulations 2009

laid under section 146 of the Licensing (Scotland) Act 2005

Negative Instruments

The following instruments were laid before the Parliament on 8 May 2009 and are subject to annulment—

The Individual Learning Account (Scotland) Amendment Regulations 2009 (SSI 2009/176)

laid under section 3(1) of the Education and Training (Scotland) Act 2000

The National Health Service (Pharmaceutical Services, Charges for Drugs and Appliances and Charges to Overseas Visitors) (Scotland) Amendment Regulations (SSI 2009/177)

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

The following instruments were laid before the Parliament on 13 May 2009 and are subject to annulment—

The Education (School Lunches) (Scotland) Regulations 2009 (SSI 2009/178)

laid under section 133(2) of the Education (Scotland) Act 1980

The Justice of the Peace Courts (Sheriffdom of South Strathclyde, Dumfries and Galloway) Revocation Order 2009 (SSI 2009/180)

laid under section 81(3) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007

Other Documents

The following documents were laid before the Parliament on 8 May 2009 and are not subject to any parliamentary procedure—

Code of Practice for Constables in Scotland issued under section 293 of the Proceeds of Crime Act 2002 (SG/2009/88)

laid under section 293(3) Proceeds of Crime Act 2002

Code of Practice issued under section 410 of the Proceeds of Crime Act 2002 (SG/2009/89)

laid under section 410(3) Proceeds of Crime Act 2002

The following documents were laid before the Parliament on 13 May 2009 and are not subject to any parliamentary procedure—

Serious Organised Crime Agency Annual Report 2008/09 (SG/2009/86)

laid under section 7(7) of the Serious Organised Crime and Police Act 2005

Overview of mental health services – A main report and key findings summary prepared for the Auditor General for Scotland (AGS/2009/5)

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

Committee Reports

The following report was published on 11 May 2009­­­­

Subordinate Legislation Committee, 26th Report, 2009 (Session 3): Flood Risk Management (Scotland) Bill as amended at Stage 2 (SP Paper 262)