23 April Vol 1, No 68 Session 3

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

The meeting opened at 2.30 pm.

1. Time for Reflection: Father Robert Kane, St Teresa’s Newarthill, Motherwell led Time for Reflection.

2. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, did not move motion S3M-1762 which would have revised the programme of business for Wednesday 23 April 2008.

3. Ministerial Statement: The Cabinet Secretary for Health and Wellbeing (Nicola Sturgeon) made a statement and answered questions on Hepatitis C.

4. Historic Scotland and Local Authorities: The Minister for Europe, External Affairs and Culture (Linda Fabiani) moved S3M-1751—That the Parliament recognises the unique relationship between Historic Scotland and local authorities in the protection of the nation’s historic environment and welcomes initiatives to modernise and simplify that relationship to the benefit of local authorities, Historic Scotland and stakeholders.

Malcolm Chisholm moved amendment S3M-1751.2 to motion S3M-1751—

insert at end—

“always ensuring that strong safeguards are maintained to protect heritage assets, that the skills required to maintain historic buildings are available and that, in protecting the historic environment, proper account is taken of disability rights and climate change objectives”.

After debate, the amendment was agreed to ((DT) by division: For 100, Against 0, Abstentions 16).

Ted Brocklebank moved amendment S3M-1751.1 to motion S3M-1751—

insert at end—

“and seeks a more compatible approach in relation to resolving disputes with stakeholders, particularly where Historic Scotland has no realistic means of funding its desired preservation or conservation outcomes”.

After debate, the amendment was disagreed to ((DT) by division: For 18, Against 44, Abstentions 54).

Iain Smith moved amendment S3M-1751.3 to motion S3M-1751—

insert at end—

“and encourages Historic Scotland to work with local authorities to improve the consultation with local communities on the designation of listed buildings and scheduled monuments”.

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

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

Accordingly, the Parliament resolved—That the Parliament recognises the unique relationship between Historic Scotland and local authorities in the protection of the nation’s historic environment and welcomes initiatives to modernise and simplify that relationship to the benefit of local authorities, Historic Scotland and stakeholders, always ensuring that strong safeguards are maintained to protect heritage assets, that the skills required to maintain historic buildings are available and that, in protecting the historic environment, proper account is taken of disability rights and climate change objectives, and encourages Historic Scotland to work with local authorities to improve the consultation with local communities on the designation of listed buildings and scheduled monuments.

5. Statute Law (Repeals) Bill - UK Legislation: The Minister for Community Safety (Fergus Ewing) moved S3M-1654—That the Parliament agrees that the relevant provisions of the Statute Law (Repeals) Bill, introduced in the House of Lords on 27 February 2008, relating to Statute Law Repeal, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.

The motion was agreed to (DT).

Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-1763—That the Parliament agrees the following programme of business—

Wednesday 30 April 2008

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Ministerial Statement: Implementing the Vulnerable Witnesses (Scotland) Act

followed by Stage 3 Proceedings: Glasgow Commonwealth Games Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 1 May 2008

9.15 am Parliamentary Bureau Motions

followed by Scottish Conservative and Unionist Party 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 Debate: Impact of the UK Budget on Scotland

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Wednesday 7 May 2008

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 8 May 2008

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

Rural Affairs and the Environment;
Justice and Law Officers

2.55 pm Scottish Government Business

followed by Parliamentary Bureau Motions

5.00 pm Business Motion

followed by Members' Business

The motion was agreed to.

7. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-1764—That the Parliament agrees that consideration of the Public Health etc. (Scotland) Bill at Stage 2 be completed by 23 May 2008.

The motion was agreed to.

8. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-1765—That the Parliament agrees that consideration of the Scottish Register of Tartans Bill at Stage 1 be completed by 13 June 2008.

The motion was agreed to.

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

10. Yes to Bathgate Business Improvement District: The Parliament debated S3M-1596 in the name of Mary Mulligan—That the Parliament notes the hugely successful outcome of the ballot to establish the first Business Improvement District (BID) in Scotland in Bathgate, West Lothian; further notes that out of 205 votes cast by local businesses, 190 were in support of the BID proposals and congratulates the BID steering group chairperson, Sam Crawford, his implementation group colleagues, Amanda Finlayson and Pat Kerr, and all others involved in developing the Bathgate BID on their amazing success; acknowledges that the ballot result is an overwhelming endorsement by the business community of the BID concept, and hopes other Scottish towns may follow in Bathgate’s footsteps.

The meeting closed at 5.46 pm.

P E Grice
Clerk of the Parliament
21 April 2008

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

Subordinate Legislation

Affirmative Instruments

The following instrument was laid in draft before the Parliament on 23 April 2008 for approval by resolution

The Fundable Bodies (The Scottish Agricultural College) (Scotland) Order 2008

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

Negative Instruments

The following instrument was laid before the Parliament on 21 April 2008 and is subject to annulment

The Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008 (SSI 2008/159)

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

The following instruments were laid before the Parliament on 22 April 2008 and are subject to annulment—

The Firefighters’ Pension Scheme (Scotland) Order 2007 Amendment Order 2008 (SSI 2008/160)

laid under section 60(5) of the Fire and Rescue Services Act 2004

The Firefighters’ Pension Scheme Amendment (Scotland) Order 2008 (SSI2008/161)

laid under section 35 of the Fire Services Act 1947

The following instruments were laid before the Parliament on 23 April 2008 and are subject to annulment—

The Land Managers Skills Development Grants (Scotland) Regulations 2008

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

The Designation of Institutions of Higher Education (The Scottish Agricultural College) (Scotland) Order 2008

laid under section 60(1) of the Further and Higher Education (Scotland) Act 1992 and section 133 of the Education (Scotland) Act 1980

The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving Provisions) Order 2008

laid under section 58(4) of the Planning etc. (Scotland) Act 2006

Legislative Consent Memorandums

The following memorandum was lodged on 23 April 2008

John Swinney: Legislative Consent Memorandum on the Energy Bill (UK Parliament Legislation) (LCM(S3) 12.1)

Other Documents

The following documents were laid before the Parliament on 21 April 2008 and are not subject to any parliamentary procedure—

Scottish Advisory Committee on Distinction Awards Annual Report April 2008 (SG/2008/71)

Adults with Incapacity: Code of Practice for Local Authorities Exercising Functions under the 2000 Act, 1 April 2008 (SG/2008/72)—

Adults with Incapacity: Guardianship and Intervention Orders – making an application, A Guide for Carers (SG/2008/73)—

Adults with Incapacity: Code of Practice for Continuing and Welfare Attorneys, 1 April 2008 (SG/2008/74)—

Adults with Incapacity: Code of Practice for Access to Funds, 1 April 2008 (SG/2008/75)—

Adults with Incapacity: Revised Code of Practice for persons authorised under intervention orders and guardians (SG/2008/76)—

laid under section 13 of the Adults with Incapacity (Scotland) Act 2000

The following documents were laid before the Parliament on 23 April 2008 and are not subject to any parliamentary procedure—

Scottish Public Services Ombudsman: Compendium of Case Reports for April 2008 (SPSO/2008/04)—

Case 200600124: University of Glasgow—

Case 200502428: Greater Glasgow and Clyde NHS Board—

Case 200502554: Greater Glasgow and Clyde NHS Board—

Case 200603801: Greater Glasgow and Clyde NHS Board - Acute Services Division—

Case 200601244: Lothian NHS Board—

Cases 200603138 & 200603250: Lothian NHS Board and A Medical Practice, Lothian NHS Board—

Case 200700720: Lothian NHS Board—

Case 200502602: Fife NHS Board—

Cases 200502065 & 200502179: Tayside NHS Board and A Medical Practice, Tayside NHS Board—

Cases 200600514 & 200800120: Tayside NHS Board and A Medical Practice, Tayside NHS Board—

Case 200602811: Tayside NHS Board—

Case 200603082: Tayside NHS Board—

Case 200701066: Tayside NHS Board—

Case 200603455: Ayrshire and Arran NHS Board—

Case 200503246: New Shaws Housing Association Ltd—

Case 200600929: Viewpoint Housing Association Ltd—

Case 200700150: Cairn Housing Association Ltd—

Case 200701685: Fife Housing Association Ltd—

Case 200601742: Clydesdale Housing Association Ltd—

Case 200602228: South Lanarkshire Council—

Case 200603125: South Lanarkshire Council—

Case 200502749: The Highland Council—

Cases 200603584 & 200603889: The Highland Council—

Case 200503539: West Lothian Council—

Case 200600058: Fife Council—

Case 200602270: Clackmannanshire Council—

Case 200603184: Fife Council—

Case 200601252: East Lothian Council—

laid under section 15(1) of the Scottish Public Services Ombudsman Act 2002

Government Chemist Review 2007 (SG/2008/77)

laid under section 88(3) of the Scotland Act 1998

Financial overview of Scotland’s colleges: a report prepared for the Auditor General for Scotland (AGS/2008/3)

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

Committee Reports

The following report was published on 18 April 2008

Subordinate Legislation Committee, 15th Report, 2008 (Session 3): Subordinate Legislation (SP Paper 83)