24 November Vol. 4, No 35 Session 3

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

The meeting opened at 2.00 pm.

1. Time for Reflection: Dr Maureen Sier, Vice Chair of the Baha’i Council for Scotland led Time for Reflection.

2. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7465—That the Parliament agrees—

(a) the following revision to the programme of business for Wednesday 24 November 2010—

delete

followed by Stage 3 Proceedings: Children’s Hearings (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

6.00 pm Decision Time

followed by Members’ Business

and insert

2.05 pm Scottish Government Debate: Scottish Variable Rate of Income Tax

followed by Stage 3 Proceedings: Children’s Hearings (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

6.00 pm Decision Time

followed by Members’ Business

(b) the following revision to the programme of business for Thursday 25 November 2010—

delete

2.55 pm Stage 1 Debate: End of Life Assistance (Scotland) Bill

and insert

2.55 pm Continuation of Stage 3 Proceedings: Children’s Hearings (Scotland) Bill

The motion was agreed to.

3. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7476—That the Parliament agrees that, during Stage 3 of the Children’s Hearings (Scotland) Bill—

(a) debate on the groups of amendments specified below in relation to Wednesday 24 November 2010 and Thursday 25 November 2010 shall, subject to Rule 9.8.4A, be brought to a conclusion by the time limits indicated for each of those days;

(b) each time limit specified in relation to Wednesday 24 November 2010 shall be calculated from the beginning of proceedings on the Bill on that day and each time limit specified in relation to Thursday 25 November 2010 shall be calculated from the beginning of proceedings on the Bill on that day; 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 relation to the Bill on each day being called) or otherwise not in progress:

Wednesday 24 November 2010

Groups 1 to 5: 40 minutes

Groups 6 to 8: 1 hour 5 minutes

Groups 9 to 12: 1 hour 35 minutes

Groups 13 to 17: 2 hours 5 minutes

Thursday 25 November 2010

Groups 18 to 22: 25 minutes

Groups 23 to 26: 50 minutes.

The motion was agreed to.

4. Scottish Variable Rate of Income Tax: The Cabinet Secretary for Finance and Sustainable Growth (John Swinney) moved S3M-7477—That the Parliament notes that the Scottish variable rate (SVR) remains a power in statute; further notes the substantial investment required to make the SVR operate in a way compatible with HM Revenue and Custom’s IT system; believes that such expenditure requires careful consideration at a time of huge public spending pressures; further believes that this expenditure requires to be assessed in the context that the SVR is due to be replaced by a new taxation system; calls on the UK Government to specify the costs of its Calman taxation proposals so that the Scottish Parliament can judge whether these costs should be met and that the Scottish Parliament should be informed of these costs before considering whether to give approval to the proposed UK legislation, and records the fact that such costs, under HM Treasury’s own statement of funding policy, should be borne by the UK Government, all of which demonstrates the need for the Scottish Parliament to have full financial responsibility.

Iain Gray moved amendment S3M-7477.1 to motion S3M-7477—

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

“considers it an abuse of power for the Scottish Government to abandon the Scottish variable rate of tax without the approval of the Parliament and by consequence preventing the Parliament from using this power until 2013-14 at the earliest; further considers it unacceptable for ministers to mislead the Parliament over the existence of these powers; believes that it is wrong that a power given to the Parliament by the people of Scotland in a referendum should be taken away by the action of a minority government without reference to or endorsement from the Parliament, and calls on the Scottish Government to admit responsibility for the lapse of the tax varying powers and to apologise to the members of the Parliament and people of Scotland to whom it has conveyed the impression that these powers are still capable of use.

After debate, the amendment was agreed to ((DT) by division: For 77, Against 46, Abstentions 1).

The motion was then agreed to ((DT) by division: For 76, Against 46, Abstentions 1).

Accordingly, the Parliament resolved— That the Parliament considers it an abuse of power for the Scottish Government to abandon the Scottish variable rate of tax without the approval of the Parliament and by consequence preventing the Parliament from using this power until 2013-14 at the earliest; further considers it unacceptable for ministers to mislead the Parliament over the existence of these powers; believes that it is wrong that a power given to the Parliament by the people of Scotland in a referendum should be taken away by the action of a minority government without reference to or endorsement from the Parliament, and calls on the Scottish Government to admit responsibility for the lapse of the tax varying powers and to apologise to the members of the Parliament and people of Scotland to whom it has conveyed the impression that these powers are still capable of use.

5. Children’s Hearings (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to (without division): 1, 2, 3, 122, 159, 5, 123, 160, 124, 125, 126, 127, 128, 129, 7, 130, 131, 8, 9, 10, 11A, 11, 12, 13, 14, 156, 16A, 16, 17, 18, 19, 135, 136, 137, 138, 139, 140, 141, 20, 142, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 143, 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, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 144, 92, 93, 94 and 95.

The following amendments were agreed to (by division)—

144 (For 60, Against 58, Abstentions 3)

145 (For 60, Against 59, Abstentions 3)

The following amendments were disagreed to (by division)—

155 (For 60, Against 62, Abstentions 1)

133 (For 39, Against 75, Abstentions 0)

The following amendments were moved and, with the agreement of the Parliament, withdrawn: 4 and 132.

The following amendments were not moved: 6, 15, 134, 157 and 158.

The Committee ended consideration of the Bill for the day, amendment 95 having been disposed of.

6. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7466—That the Parliament agrees the following programme of business—

Wednesday 1 December 2010

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Scottish Government Debate: Annual Fisheries Negotiations

followed by Stage 1 Debate: End of Life Assistance (Scotland) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

6.00 pm Decision Time

followed by Members’ Business

Thursday 2 December 2010

9.15 am Parliamentary Bureau Motions

followed by Scottish Liberal Democrats Business

11.40 am General Question Time

12.00 pm First Minister’s Question Time

2.15 pm Themed Question Time

Health and Wellbeing

2.55 pm Ministerial Statement: Forensics Modernisation Programme

followed by Stage 1 Debate: Wildlife and Natural Environment (Scotland) Bill

followed by Financial Resolution: Wildlife and Natural Environment (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 8 December 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 9 December 2010

9.15 am Parliamentary Bureau Motions

followed by Scottish Government Business

11.40 am General Question Time

12.00 pm First Minister’s Question Time

2.15 pm Themed Question Time

Justice and Law Officers;
Rural Affairs and the Environment

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.

7. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7464—That the Parliament agrees that the timetable for Stage 1 consideration of the End of Life Assistance (Scotland) Bill be extended to 3 December 2010.

The motion was agreed to.

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

S3M-7467—That the Parliament agrees that the Number of Inner House Judges (Variation) Order 2010 be approved.

S3M-7468—That the Parliament agrees that the draft Regulation of Investigatory Powers (Scotland) Amendment Order 2010 be approved.

S3M-7469—That the Parliament agrees that the Waste Information (Scotland) Regulations be approved.

The motions were agreed to (DT).

9. Designation of Lead Committee: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-7470—That the Parliament agrees that the Transport, Infrastructure and Climate Change Committee be designated as the lead committee in consideration of Low Carbon Scotland: The Draft Report on Proposals and Policies: Scotland – A Low Carbon Society.

The motion was agreed to (DT).

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

11. A Scottish Veterans Charter: The Parliament debated S3M-7415 in the name of Jeremy Purvis—That the Parliament appreciates the service that the men and women of the armed forces veterans community in the South of Scotland and beyond have made to the nation; values the breadth of commitment made by veterans, including carrying out what it regards as uniquely dangerous and challenging conditions of service; appreciates that, as a result of the particular characteristics of armed forces service, many veterans might need to call on support for physical and mental health problems, employment advice and social care; believes that there should be sensitivity with regards to the unique nature of military service when designing and delivering such services, and would welcome a Scottish veterans charter that would allow all public bodies to be able to recognise their duties and responsibilities in providing support to veterans and that would ensure that all veterans and their families are reintegrated, without disadvantage, to civilian life.

The meeting closed at 6.37 pm.

P E Grice
Clerk of the Parliament
24 November 2010

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 22 November 2010 and is subject to approval

The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices (Scotland) Order 2010 (SSI2010/draft)

laid under section 40(4) of the Tobacco and Primary Medical Services (Scotland) Act 2010

Negative Instruments

The following instrument was laid before the Parliament on 19 November 2010 and is subject to annulment

The Beef and Veal Labelling (Scotland) Regulations 2010 (SSI 2010/402)

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

The following instruments were laid before the Parliament on 22 November 2010 and are subject to annulment––

The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2010 (SSI 2010/405)

laid under section 56(4) of the Finance Act 1973

The Sale of Tobacco (Prescribed Document) Regulations 2010 (SSI2010/406)

laid under section 40(3) of the Tobacco and Primary Medical Services (Scotland) Act 2010

The Sale of Tobacco (Register of Tobacco Retailers) Regulations 2010 (SSI2010/407)

laid under section 40(3) of the Tobacco and Primary Medical Services (Scotland) Act 2010

Committee Reports

The following report was published on 19 November 2010­­­­

Subordinate Legislation Committee, 60th Report, 2010 (Session 3): Children’s Hearings (Scotland) Bill as amended at stage 2 (SPPaper 526)

The following report was published on 23 November 2010

Finance Committee 6th Report, 2010 (Session 3): Subordinate Legislation (SP Paper 529)

The following reports were published on 24 November 2010––

Subordinate Legislation Committee, 61st Report, 2010 (Session 3): Private Rented Housing (Scotland) Bill (SPPaper 527)

Subordinate Legislation Committee, 62nd Report, 2010 (Session 3): Subordinate Legislation (SP Paper 528)