1 December Vol. 4, No 37 Session 3

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

The meeting opened at 2.00 pm.

1. Time for Reflection: Marion Chatterley, Spiritual and Pastoral Care Co-ordinator, Waverley Care led Time for Reflection.

2. Business Motion: Paul Martin, on behalf of the Parliamentary Bureau, moved S3M-7513—That the Parliament agrees the following revision to the programme of business for Wednesday 1 December 2010—

delete

followed by Scottish Government Debate: Annual Fisheries Negotiations

and insert

followed by Ministerial Statement: Scotland Bill

followed by Scottish Government Debate: Annual Fisheries Negotiations

The motion was agreed to.

3. Ministerial Statement: The Minister for Culture and External Affairs (Fiona Hyslop) made a statement and answered questions on the Scotland Bill.

4. Annual Fisheries Negotiations: The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead) moved S3M-7498—That the Parliament notes efforts to secure a fair outcome in the forthcoming EU fisheries negotiations; believes that any deal must respect the need to harvest fish stocks sustainably in the interests of Scotland’s fishermen and coastal communities and recognise Scotland’s fishing industry’s contribution to fisheries conservation, and urges the European Commission to support efforts to reduce wasteful discards.

Karen Gillon moved amendment S3M-7498.3 to motion S3M-7498—

Insert at end—

“, and calls on the Scottish Government to work closely with fishing communities to provide meaningful economic support to help mitigate the impacts of the current round of fisheries negotiations.”

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

John Scott moved amendment S3M-7498.1 to motion S3M-7498—

Insert at end—

“, and calls on the Scottish Government to work with the fishing industry to develop better supply chain management.”

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

Tavish Scott moved amendment S3M-7498.2 to motion S3M-7498—

Leave out from “and urges” to end and insert—

“; expresses concern at the significant cuts to effort and quotas for key stocks being proposed by the European Commission; urges the Scottish Government to take forward its catch quota proposals only with the full and active involvement of the Scottish fishing industry at every stage, and calls on the European Commission to support these efforts to reduce wasteful discards.”

After debate, the amendment was agreed to ((DT) by division: For 63, Against 0, Abstentions 39).

The motion was then agreed to ((DT) by division: For 63, Against 0, Abstentions 39).

Accordingly, the Parliament resolved—That the Parliament notes efforts to secure a fair outcome in the forthcoming EU fisheries negotiations; believes that any deal must respect the need to harvest fish stocks sustainably in the interests of Scotland’s fishermen and coastal communities and recognise Scotland’s fishing industry’s contribution to fisheries conservation; expresses concern at the significant cuts to effort and quotas for key stocks being proposed by the European Commission; urges the Scottish Government to take forward its catch quota proposals only with the full and active involvement of the Scottish fishing industry at every stage, and calls on the European Commission to support these efforts to reduce wasteful discards.

5. End of Life Assistance (Scotland) Bill: Margo MacDonald moved S3M-7438—That the Parliament agrees to the general principles of the End of Life Assistance (Scotland) Bill.

After debate, the motion was disagreed to ((DT) by division: For 16, Against 85, Abstentions 2).

6. Business Motion: Paul Martin, on behalf of the Parliamentary Bureau, moved S3M-7514—That the Parliament agrees—

(a) the following programme of business—

Wednesday 8 December 2010

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Ministerial Statement: Future Budget Planning Assumptions

followed by Equal Opportunities Committee Debate: Scrutiny of the Mental Health (Care and Treatment) (Scotland) Act 2003

followed by Stage 1 Debate: Property Factors (Scotland) Bill

followed by Business Motions

followed by Parliamentary Bureau Motions

6.00 pm Decision Time

followed by Members’ Business

Thursday 9 December 2010

9.15 am Parliamentary Bureau Motions

followed by Debate: Scotland Bill

11.40 am General Question Time

12 noon First Minister’s Question Time

followed by Members’ Business

2.15 pm Themed Question Time

Justice and Law Officers;
Rural Affairs and the Environment

2.55 pm European and External Relations Committee Debate: Report on the Impact of the Treaty of Lisbon on Scotland

followed by Ministerial Statement: Local Government Finance Settlement 2011-12

followed by Parliamentary Bureau Motions

5.05 pm Decision Time

followed by Members’ Business

Wednesday 15 December 2010

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Scottish Government Business

followed by Stage 3 Proceedings: Forth Crossing Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 16 December 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

and (b) that, for the purposes of Members’ Business on Thursday 9 December 2010, “at the end of First Minister’s Question Time and at the end of the meeting following Decision Time” be substituted for “at the end of the meeting following Decision Time” in Rule 5.6.1(c) of Standing Orders.

The motion was agreed to.

7. Approval of SSI: Paul Martin, on behalf of the Parliamentary Bureau, moved—

S3M-7515—That the Parliament agrees that the Budget (Scotland) Act 2010 Amendment (No 2) Order be approved.

S3M-7516—That the Parliament agrees that the Fishing Boats (EU Electronic Reporting) (Scotland) Scheme 2010 be approved.

S3M-7517—That the Parliament agrees that the Official Statistics (Scotland) Amendment Order 2010 be approved.

The motions were agreed to (DT).

8. Establishment of Committee: Paul Martin, on behalf of the Parliamentary Bureau, moved S3M-7518—That the Parliament agrees to establish a committee of the Parliament as follows—

Name of Committee: Scotland Bill Committee;

Remit: To consider the Scotland Bill and report to the Parliament on any relevant Legislative Consent Memorandum;

Duration: Until the Scotland Bill has received Royal Assent, falls or is withdrawn;

Number of members: 6;

Convenership: The Convener will be a member of the Scottish Labour Party and the Deputy Convener will be a member of the Scottish National Party;

Membership: Wendy Alexander, Peter Peacock, Tricia Marwick, Brian Adam, David McLetchie, Robert Brown.

The motion was agreed to (DT).

9. Decision Time: The Parliament took decisions on items 4, 5, 7 and 8 as noted above.

10. Nine Years of Conflict in Afghanistan: The Parliament debated S3M-7358 in the name of Jamie Hepburn—That the Parliament notes that 7 October 2010 marked the ninth anniversary of the start of Operation Enduring Freedom by the United States’ military in Afghanistan and that 20 December 2010 will mark the ninth anniversary of the establishment of the International Security Assistance Force by the United Nations; further notes that this is longer than the duration of World War I and of World War II, and nearly as long as both these wars combined; regrets the loss of life caused by the conflict, including 341 military personnel from the United Kingdom, 2,174 from coalition forces in total and thousands of civilian causalities; considers that there is widespread concern among residents in Central Scotland and across the country at the ongoing loss of life, both military and civilian, in Afghanistan, and believes that greater progress is required to be made on a timely exit strategy.

The meeting closed at 6.32 pm.

P E Grice
Clerk of the Parliament
1 December 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 30 November 2010 and is subject to approval

The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2011 (SSI 2010/draft)

laid under section 18(4) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003

The following instruments were laid in draft before the Parliament on 1 December 2010 and are subject to approval––

The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011

laid under section 201(4) of the Criminal Justice and Licensing (Scotland) Act 2010

The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) Regulations 2010

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

The draft Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) Regulations 2010, laid before the Parliament on 22 November 2010, has been withdrawn.

Negative Instruments

The following instrument was laid before the Parliament on 30 November 2010 and is subject to annulment

The Community Health Partnerships (Scotland) Amendment Regulations 2010 (SSI 2010/422)

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

Other Documents

The following documents were laid before the Parliament on 26 November 2010 and are not subject to any Parliamentary procedure––

Annual Report Inspectorate of Prosecution in Scotland (SG/2010/61)

laid under section 79(8) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007

The Scottish Government Scottish Consolidated Fund Receipts & Payments Account 1 April 2009 to 31 March 2010 (SG/2010/223)

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

The following document was laid before the Parliament on 30 November 2010 and is not subject to any Parliamentary procedure

Water Industry Commission for Scotland Accounts for the year to 31 March 2010 (SG/2010/256)

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

Legislative Consent Memorandums

The following memorandum was lodged on 1 December, 2010

Fiona Hyslop MSP: Legislative Consent Memorandum on the Scotland Bill (UK Parliament legislation) (LCM(S3) 30.1)

Committee Reports

The following reports were published on 26 November 2010––

Economy, Energy and Tourism Committee, 9th Report 2010 (Session 3): Stage 1 Report: Protection of Workers (Scotland) Bill (SP Paper 532)

Rural Affairs and Environment Committee, 9th Report, 2010 (Session 3): Subordinate Legislation (SP Paper 534)

The following report was published on 29 November 2010—

Health and Sport Committee, 10th Report, 2010 (Session 3): Stage 1 Report on the Palliative Care (Scotland) Bill (SP Paper 533)

The following reports were published on 1 December 2010­­­­––

Subordinate Legislation Committee, 63rd Report, 2010 (Session 3): Subordinate Legislation (SP Paper 535)

Subordinate Legislation Committee, 64th Report, 2010 (Session 3): Local Electoral Administration (Scotland) Bill (SP aper 536)

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