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Document 1226

Scottish Parliament: Business Bulletin 5/2003

Author(s): Scottish Parliamentary Corporate Body

Copyright holder(s): Scottish Parliamentary Corporate Body: © Scottish Parliamentary copyright material is reproduced with the permission of the Queen's Printer for Scotland on behalf of the Scottish Parliamentary Corporate Body.

Text

Business Bulletin No. 5/2003
Friday 10 January 2003

Contents

Announcements
Section B : Business Programme
Section C : Agendas of Committee Meetings
Section E : Written questions lodged on 9 January 2003
Section F : Motions and Amendments
Section G : Bills: Notices and Amendments
Section H : New Documents
Section K : Progress of Parliamentary Business


Business Bulletin No. 5/2003
Friday 10 January 2003

Announcements


Council of the Law Society of Scotland Bill

Amendments for Stage 2 of the Council of the Law Society of Scotland Bill may now be lodged with the clerks to the Justice 1 Committee, Alison Taylor (Room 3.9, Committee Chambers, extn. 85195), Claire Menzies Smith (Room 3.11, extn. 85320) and Jenny Goldsmith (Room 3.11, extn. 85227). The clerks should be consulted about the wording and admissibility of amendments.

The last day on which amendments may be lodged is two days before the Stage (or each day of proceedings at the Stage). Amendments may be lodged until 4.30 pm on any sitting day, except on the last day when amendments may be lodged for each day of proceedings at the Stage, when the deadline is 2.00 pm (Rule 9.10.2). Members are advised to lodge amendments in good time before the beginning of the Stage, and as early as possible during the day.

It is expected that the first day of Stage 2 proceedings will be on Tuesday 11 February and therefore that the deadline for lodging amendments for the 1st Marshalled List will be 2.00 pm on Friday 7 February.

Homelessness etc. (Scotland) Bill

Stage 2 of the Homelessness etc. (Scotland) Bill will take place on Wednesday 15 January. Amendments may be lodged with the clerks to the Social Justice Committee, Jim Johnston (Room 2.2 Committee Chambers, ext 85211), Mary Dinsdale (Room 2.8, ext 85244) or Craig Harper (Room 2.8, ext 85882). The clerks should be consulted about the wording and admissibility of amendments.

The deadline for lodging Stage 2 amendments is two days before the Stage. Amendments may be lodged until 4.30 pm on any sitting day, except on the last day when amendments may be lodged for the Stage, when the deadline is 2.00 pm. The Committee hopes to complete consideration of the Bill on Wednesday 15 January and therefore all amendments to the Bill should be lodged by 2.00 pm on Monday 13 January.


Business Bulletin No. 5/2003
Friday 10 January 2003

Section B : Business Programme


As agreed by the Parliament on 9 January 2003


Wednesday 15 January 2003

2:30 pm Time for Reflection - Sister Marie O'Dea, Project Leader of the Wayside Day Centre for Homeless People in Glasgow

followed by Parliamentary Bureau Motions

followed by Stage 1 Debate on Commissioner for Children and Young People (Scotland) Bill

followed by Transport and the Environment Committee Debate on its 15th Report 2002 on Inquiry into the Rail Industry in Scotland

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business - debate on the subject of S1M-3758 Duncan Hamilton: Glasgow to Barra Air Link Public Service Obligation (for text of motion see S1M-3758 in Section F)


Thursday 16 January 2003

The Clerk has been advised of the topic of the following Scottish National Party business.

9:30 am Scottish National Party Debate on The Current International Situation

followed by Business Motion

2:30 pm Question Time (for text of questions see Section D of Business Bulletin for Thursday 9 January 2003)

3:10 pm First Minister's Question Time

3:30 pm Stage 1 Debate on Dog Fouling (Scotland) Bill

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business - debate on the subject of S1M-3679 Johann Lamont: Private Rented Housing Sector (for text of motion see S1M-3679 in Section F of Business Bulletin for Monday 9 December 2002)


Wednesday 22 January 2003

2:30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 of Land Reform (Scotland) Bill

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business


Thursday 23 January 2003

9:30 am Continuation of Stage 3 of Land Reform (Scotland) Bill

followed by Business Motion

2:30 pm Question Time

3:10 pm First Minister's Question Time

3:30 pm Continuation of Stage 3 of Land Reform (Scotland) Bill

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business - debate on the subject of S1M-3751 George Lyon: Rural Communities and Renewable Energy (for text of motion see S1M-3751 in Section F of Business Bulletin for Thursday 9 January 2003)


Business Bulletin No. 5/2003
Friday 10 January 2003

Section C : Agendas of Committee Meetings


Procedures Committee

14 January 2003

2nd Meeting, 2003

The Committee will meet at 9.30 am in Committee Room 4

1. Consultative Steering Group Inquiry: The Committee will consider draft report text.

2. Correspondence: The Committee will consider a letter from the Presiding Officer.

3. Questionnaires: The Committee will consider the results of 2 questionnaires.


Enterprise and Lifelong Learning Committee

14 January 2003

2nd Meeting, 2003

The Committee will meet at 10.00 am in Committee Room 2

1. Inquiry into Tourism: The Committee will consider a draft report.


Equal Opportunities Committee

14 January 2003

1st Meeting, 2003

The Committee will meet at 10.00 am in the Hub, Castlehill, Edinburgh.

1. Item in private: The Committee will consider whether to take item 5 in private.

2. Mainstreaming Equality in the Work of Parliamentary Committees: The Committee will hear evidence from-

Jon Harris, Ellen Kelly, COSLA

Rona Fitzgerald, Equal Opportunities Commission

Phillipa Bonella, Lucy McTernan, SCVO.

3. UK Holocaust Memorial Day: The Committee will consider correspondence with the Scottish Executive.

4. Report of the Inquiry into the Liaison Arrangements between the Police, the Procurator Fiscal Service and the Crown Office and the Family of the Deceased Surjit Singh Chhokar in Connection with the Murder of Surjit Singh Chhokar and the Related Prosecutions: The Committee will consider the evidence from its meeting of 16 December 2002.

5. Work programme: The Committee will consider its work programme to the end of the session.


Public Petitions Committee

14 January 2003

1st Meeting, 2003

The Committee will meet at 10.00 am in the Chamber, Assembly Hall, The Mound, Edinburgh

1. New Petitions: The Committee will consider the following new petitions-

PE575: Access to premiums for livestock. Mr and Mrs Heron will give a presentation in support of this petition.

PE576: Prevention of the reduction of residential care places in Scotland. Mr Ross J. Vettraino (Leslie House 21 Group) will give a presentation in support of this petition.

PE577: Establishment of a specific medical treatment facility for autism. Mr Steve Law (Action Against Autism) will give a presentation in support of this petition.

PE580: Solvent abuse. Mr John O'Brien (Lee O'Brien Solvent Trust) will give a presentation in support of this petition.

PE589: Parental Alienation Syndrome.

PE590: Licensing of nursing homes for the elderly.

2. Current Petitions: The Committee will further consider the following current petitions-

PE425: Siting of telecommunications masts.

PE437: Creation of a Gaelic Language Act.

PE540: Implementation of recommendations from 'A Fresh Start for Gaelic'.

PE482: Compulsory blood testing of criminal suspects.

PE512: Colour of the Saltire.

PE550: Transport developments in the Kincardine area.

PE554: Repeat planning applications.

PE556: Extension of rail commuter services on the East coast mainline.

3. Inadmissible Petitions: The Committee will be invited to agree the recommendations contained in a paper on inadmissible petitions.

4. Convener's report.


Finance Committee

14 January 2003

2nd Meeting, 2003

The Committee will meet at 10.30 am in Committee Room 1

1. Items in private: The Committee will decide whether to take agenda item 2 in private and whether to take any further consideration of its draft reports on the cross-cutting reviews in private at future meetings.

2. Cross-Cutting Reviews: The Committee will consider draft reports on its cross-cutting reviews into Regeneration as delivered through the Voluntary Sector and Children and Poverty.


Subordinate Legislation Committee

14 January 2003

2nd Meeting, 2003

The Committee will meet at 11.15 am in Committee Room 3

1. Delegated powers scrutiny: The Committee will consider the response from the Scottish Executive to points raised on the following Bill-

Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill at Stage 1.

2. Delegated powers scrutiny: The Committee will consider the delegated powers provisions in the following Bill-

Land Reform (Scotland) Bill as amended at Stage 2.

3. Delegated powers scrutiny: The Committee will consider the delegated powers provisions in the following Bill-

Water Environment and Water Services (Scotland) Bill as amended at Stage 2.

4. Executive responses: The Committee will consider the response from the Executive on the following instrument-

Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No.4) 2002, (SSI 2002/568).

5. Instruments not laid before the Parliament: The Committee will consider the following-

Act of Sederunt (Rules of the Court of Session Amendment No.2) (Personal Injuries Actions) 2002, (SSI 2002/570).

6. Toronto Conference Report 2002: The Committee will consider a draft report.


Justice 1 Committee

14 January 2003

1st Meeting, 2003

The Committee will meet at 1.30 pm in Committee Room 3

1. Items in private: The Committee will consider whether to discuss agenda items 2, 7 and 8 in private. The Committee will also consider whether to discuss questions for witnesses for its inquiry into alternatives to custody in private at future meetings.

2. Inquiry into alternatives to custody: The Committee will discuss lines of questioning for witnesses.

3. Convener's report: The Committee will consider the Convener's report.

4. Inquiry into alternatives to custody: The Committee will take evidence from-

Professor Gill McIvor, Director, Social Work Research Centre, University of Stirling, Fergus McNeill, Lecturer in Social Work, University of Glasgow and Bill Whyte, Director, Criminal Justice Social Work Development Centre for Scotland, University of Edinburgh.

5. Subordinate legislation: Jim Wallace MSP (Minister for Justice) to move-

S1M-3739 Mr Jim Wallace: The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003-That the Justice 1 Committee, in consideration of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003, recommends that the Order be approved.

6. Title Conditions (Scotland) Bill: The Committee will consider the Bill at Stage 2 (Day 3).

7. Prostitution Tolerance Zones (Scotland) Bill: The Committee will consider a draft report to the Local Government Committee.

8. Witness expenses: The Committee will consider whether to approve expenses for a witness.


Education, Culture and Sport Committee

14 January 2003

2nd Meeting, 2003

The Committee will meet at 2.00 pm in Committee Room 1

1. Gaelic Language (Scotland) Bill: The Committee will take evidence from-

Scottish Natural Heritage

Mary Bryden, Director of Public Programmes, National Museums of Scotland

John Walter Jones, Chief Executive, Welsh Language Board

Meirion Prys Jones, Head of Language Planning, Welsh Language Board.

2. McCrone Agreement: The Committee will consider reviewing the implementation of the McCrone agreement.

3. Reporters' Inquiries: The Committee will be updated on reporters' inquiries.

4. Roman Remains at Cramond: The Committee will consider recent correspondence.

5. Review of Scottish Screen: The Committee will note recent correspondence.


European Committee

14 January 2003

1st Meeting, 2003

The Committee will meet at 2.00 pm in Committee Room 2

1. Europe's Employment Strategy and Corporate Social Responsibility: an Inquiry into the Scottish Model: The Committee will hear evidence from-

Kyla Brand, AGENDA - Social Responsibility in Scotland

Martin Bell and Alan Wilson, Scottish Council for Development and Industry

Samantha Barber, Scottish Business in the Community

John Downie, Federation of Small Businesses in Scotland

Tracey White and Rozanne Foyer, Scottish Trades Union Congress, Mary Senior, UNISON, and Sandy Boyle, UNIFI.

2. Pre- and Post-European Council, Council of the EU, Joint Ministerial Committee and MINECOR Scrutiny: The Committee will consider the following agendas and briefings submitted by the Scottish Executive-

Pre-Council Briefing:

ECOFIN, 21 January 2003

Agriculture and Fisheries Council, 27-28 January 2003

General and External Affairs Council, 27-28 January 2003

Post-Council Briefing:

General and External Affairs Council, 9-10 December 2002

Environment Council, 9-10 December 2002

Justice and Home Affairs Council, 20 December 2002

ECOFIN, 25-26 November and 3 December 2002

Agriculture and Fisheries Council, 27-29 November 2002

Agriculture and Fisheries Council, 16-20 December 2002.

3. Convener's report: The Convener will update the Committee on the -

Plans for the rescheduled meeting with the Greek Ambassador to the UK on Greece's plans and priorities for the EU Presidency

Directives on Food Supplements and on Traditional Herbal Medicinal Products.

4. Sift of EC/EU documents: The Committee will consider the list of EC/EU documents received for this meeting.

5. Implementation of EC/EU Legislation in Scotland: The Committee will consider a briefing paper on the state-of-play with the transposition and implementation of EC/EU legislation in Scotland.


Local Government Committee

14 January 2003

2nd Meeting, 2003

The Committee will meet at 2.00 pm in the Chamber, Assembly Hall, the Mound, Edinburgh

1. Item in private: The Committee will consider whether to take item 3 in private.

2. Prostitution Tolerance Zones (Scotland) Bill: The Committee will take evidence on the general principles of the Bill at Stage 1 from-

Ann Hamilton, Principal Policy Development Officer, Glasgow City Council;

Councillor James Coleman, Deputy Leader of the Council, Glasgow City Council;

Professor Peter Donnelly, Director of Public Health and Health Policy, Lothian Health Board;

Sue Laughlin, Women's Health Co-Ordinator, Greater Glasgow Health Board;

Mike McCarron, Addiction Team, Greater Glasgow Drug Action Team Co-Ordinator;

Les McEwan, Head of Social Work, City of Edinburgh Council;

Councillor Kingsley Thomas, Executive Member for Social Work, City of Edinburgh Council;

Ray de Souza, Principal Officer - Addictions and HIV, Edinburgh City Drug Action Team.

3. Renewing Local Democracy - Phase 2 inquiry: The Committee will consider a draft report.


Rural Development Committee

14 January 2003

2nd Meeting, 2003

The Committee will meet at 2.00 pm in The Hub, Castlehill, Edinburgh

1. Items in private: The Committee will consider whether to take items 3 and 4 in private.

2. Agricultural Holdings (Scotland) Bill: The Committee will consider the Bill at Stage 2 (Day 1).

3. Work programme: The Committee will consider its work programme.

4. Witness expenses: The Committee will consider claims under the witness expenses scheme.

5. Organic Farming Targets (Scotland) Bill (in private): The Committee will consider a draft Stage 1 report.


Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill Committee

14 January 2003

2nd Meeting, 2003

The Committee will meet at 3.00 pm in Committee Room 4

1. Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill: The Committee will take evidence from-

Lord Eassie, Chairman, Scottish Law Commission

Jane McLeod, Secretary, Scottish Law Commission.

2. Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill: The Committee will continue consideration of the Bill at Stage 1.

3. Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill: The Committee will consider the response from the Scottish Executive to points raised on Part 1 of the Bill.



Business Bulletin No. 5/2003
Friday 10 January 2003

Section E : Written questions lodged on 9 January 2003


Questions marked with a triangle (Δ) are initiated by the Scottish Executive in order to facilitate the provision of information to the Parliament.

S1W-33001 Alex Johnstone: To ask the Scottish Executive why organic egg production is not currently eligible for Farm Business Development Scheme funding given that such funding has previously been available for this type of production.

S1W-33002 Mr Gil Paterson: To ask the Scottish Executive how many applications there have been for interdicts under sections 8 to 11 of the Protection from Harassment Act 1997 in each year since 1999, broken down by sheriff court area.

S1W-33003 Mr Gil Paterson: To ask the Scottish Executive how many applications there have been for interdicts under the Protection from Abuse (Scotland) Act 2001.

S1W-33004 Mr Gil Paterson: To ask the Scottish Executive how many applications there have been for interdicts with power of arrest attached under the Protection from Abuse (Scotland) Act 2001.

S1W-33005 Mr Adam Ingram: To ask the Scottish Executive why the grant-in-aid allocation for educational provision to the Scottish Agricultural College is being reduced in stages from £6.552 million in 2002-03 to £4.894 million in 2005-06.

S1W-33006 Nicola Sturgeon: To ask the Scottish Executive how many people have been ready for discharge from an NHS hospital but have had their discharge delayed for reasons defined in the census date snapshots provided by the Information and Statistics Division of the Common Services Agency on patients ready for discharge in each year since September 2000.

S1W-33007 Robert Brown: To ask the Scottish Executive whether there is a standard for accessibility to taxis for people with disabilities and whether it has any powers under the Civic Government (Scotland) Act 1982 or other legislation that can be used to require a percentage of taxis in each local authority area to be accessible to disabled users.

S1W-33008 Robert Brown: To ask the Scottish Executive whether it has any plans to introduce a taxi concessionary fare for disabled users.

S1W-33009 Robert Brown: To ask the Scottish Executive whether it has issued, or plans to issue, advice to local authorities, similar to that available in England, on the steps to be taken to make taxi services more accessible to disabled people.

S1W-33010 Michael Matheson: To ask the Scottish Executive how many sheriff court cases in (a) Scotland and (b) each sheriff court were adjourned on the day of commencement in 2002 and what the reasons for any such adjournment were.

S1W-33011 Michael Matheson: To ask the Scottish Executive when the decision on whether to contract out a service in the Scottish Prison Service (SPS) lies with the Chief Executive of the SPS and when it lies with Scottish Ministers.

S1W-33012 Michael Matheson: To ask the Scottish Executive what action it plans to take in the light of the conclusion of the Evaluation of the Scottish Prison Service's Tendering Process for Social Work Contracts that "contracting between public bodies for services that are themselves complex and reflect high levels of inter-connectivity may not provide the most effective means of achieving a balance between performance and risk that is appropriate and acceptable to each of the parties concerned."

S1W-33013 Michael Matheson: To ask the Scottish Executive, further to the answer to question S1W-30033 by Mr Jim Wallace on 4 November 2002, how many prisoners have (a) been offered and (b) received immunisation for hepatitis A in each of the last five years.

S1W-33014 Christine Grahame: To ask the Scottish Executive what assessment it has made of the impact on poverty of paragraph 20342, "Averaging the hours", of amendment 5 of February 2002 to the Department for Work and Pensions' Decision Makers' Guide, whereby many seasonal workers will not be able to claim jobseeker's allowance, and what representations it will make to Her Majesty's Government on this matter.

S1W-33015 Mr Lloyd Quinan: To ask the Scottish Executive what opportunities there are for the continued funding of projects that have been assessed as successful at the conclusion of their funding periods under the New Futures Fund.

S1W-33016 Mr Lloyd Quinan: To ask the Scottish Executive what steps it is taking under phase 2 of the New Futures Fund to ensure the effective transition to mainstream or any other source of funding for projects at the conclusion of their funding period.

S1W-33017 Mr Lloyd Quinan: To ask the Scottish Executive what criteria Scottish Enterprise uses to assess the success or otherwise of projects funded under the New Futures Fund.

S1W-33018 Richard Lochhead: To ask the Scottish Executive how fishing vessels that fish for different species will be classified for the purposes of the days at sea regulations that allocate different number of days depending on the species caught.

S1W-33019 Richard Lochhead: To ask the Scottish Executive what will happen if no white fish vessels have been decommissioned by 1 July 2003 under any decommissioning programme introduced and vessels have been fishing for 15 days at sea each month from 1 February until 1 July 2003.

S1W-33020 Richard Lochhead: To ask the Scottish Executive how many fishing vessels are classified as (a) white fish vessels and (b) in each other category.

S1W-33021 Richard Lochhead: To ask the Scottish Executive when the 2002 decommissioning package was announced; when the package came into force, and when the (a) first and (b) last vessel was decommissioned under the package.

S1W-33022 Richard Lochhead: To ask the Scottish Executive where the 15% figure in respect of possible future decommissioning originated and how this figure was calculated.

S1W-33023 Mrs Lyndsay McIntosh: To ask the Scottish Executive what plans are in place to protect people and counter any terrorist threat to the transportation by rail of nuclear material to nuclear plants.

S1W-33024 Pauline McNeill: To ask the Scottish Executive how much of the £40.1 million allocated to Glasgow under the City Growth Fund will be made available in the first year of the fund.

S1W-33025 Pauline McNeill: To ask the Scottish Executive what limitations will be attached to the £40.1 million allocated to Glasgow under the City Growth Fund.

S1W-33026 Pauline McNeill: To ask the Scottish Executive how Glasgow City Council will be compensated for services that it delivers to residents beyond the city boundaries.

S1W-33027 Stewart Stevenson: To ask the Scottish Executive what discussions it has had with (a) the Civil Aviation Authority and (b) any other bodies about the continuing technical viability of sand runways at any airfields used for public transport flights and what the results were of any such discussions.

S1W-33028 Stewart Stevenson: To ask the Scottish Executive whether, in considering the future of the licensed airfield at Traigh Mhor on Barra, it, or any bodies from which it is taking advice, have taken any account of any aircraft accident or serious incident, as defined by the United Kingdom Air Accident Investigation Branch (AAIB) and published in any of the AAIB's (i) monthly bulletins, (ii) formal reports and (iii) special bulletins.

S1W-33029 Stewart Stevenson: To ask the Scottish Executive whether, in considering the future of the licensed airfield at Traigh Mhor on Barra, it, or any bodies from which it is taking advice, have taken any account of any report of aircraft incidents not defined by the United Kingdom Air Accident Investigation Branch as either an aircraft accident or serious incident and, if so, whether it will indicate where information about such incidents is documented.

S1W-33030 Stewart Stevenson: To ask the Scottish Executive whether, in considering the future of the licensed airfield at Traigh Mhor on Barra, it, or any bodies from which it is taking advice, have taken any account of the value of multiple runways in supporting continued operation at times of high wind speeds.

S1W-33031 Stewart Stevenson: To ask the Scottish Executive how many landings and take-offs by (a) public transport, (b) air ambulance and (c) other fixed-wing traffic there were on (i) runway 07, (ii) runway 11, (iii) runway 15, (iv) runway 25, (v) runway 29 and (vi) runway 33 at the licensed airfield at Traigh Mhor on Barra in each of the last five years.

S1W-33032 Stewart Stevenson: To ask the Scottish Executive whether, in considering the future of the licensed airfield at Traigh Mhor on Barra, it, or any bodies from which it is taking advice, have taken any account of the availability of aircraft suitable for operating public transport flights from sand runways and, if so, to what extent this availability is likely to influence decision making.

S1W-33033 Stewart Stevenson: To ask the Scottish Executive how many flights of any kind were operated when the sun was more than 12 degrees below the horizon at either the time of take-off or landing at the licensed airfield at Traigh Mhor on Barra in each of the last five years and what proportion of any such flights was authorised to operate when the airfield was closed.

S1W-33034 Stewart Stevenson: To ask the Scottish Executive how many authorisations for flight operations when the airfield was closed were granted (a) under the Highland and Islands Airport Ltd Out of Hours scheme and (b) in any other circumstances at the licensed airfield at Traigh Mhor on Barra in each of the last five years.

S1W-33035 Jackie Baillie: To ask the Scottish Executive what the timetable is for current and planned relocation reviews as part of the public service job relocation policy.

S1W-33036 Jackie Baillie: To ask the Scottish Executive whether it has communicated with local authorities and local enterprise companies to identify suitable sites for any future public service job relocations.

S1W-33037 Jackie Baillie: To ask the Scottish Executive when a decision will be made on the relocation of sportscotland.

S1W-33038 Jackie Baillie: To ask the Scottish Executive when a decision will be made on the relocation of the Scottish Arts Council.

S1W-33039 Jackie Baillie: To ask the Scottish Executive whether it will prioritise public service job relocations to areas of economic and social disadvantage, given any impact that such relocations would have on the area.

S1W-33040 Margaret Smith: To ask the Scottish Executive what support it plans to give to local communities that wish to establish local community sports trusts.

S1W-33041Δ Janis Hughes: To ask the Scottish Executive when it expects revised guidance on cryptosporidium in water supplies to be issued.



Business Bulletin No. 5/2003
Friday 10 January 2003

Section F : Motions and Amendments


A full list of outstanding motions is available to view each Monday in paper copy at the Chamber Desk or alternatively on the Scottish Parliament web site as Outstanding Motions. The full text of all motions lodged the previous week will appear in the Business Bulletin the following Monday.



Items marked with an asterisk (*) are new or have been altered. Asterisks in the text show the extent of alterations made.

Motions which members wish to be considered for debate as members' business in the Parliament are marked with a hash symbol (#)

*S1M-3758# Mr Duncan Hamilton: Glasgow to Barra Air Link Public Service Obligation-That the Parliament notes with concern the decision to announce a one year contract for the Glasgow to Barra air link; recognises that such contracts are normally awarded for the three years of a public service obligation (PSO) order; recognises the unanimous view of the community that any loss of the direct air link would result in damage to the local economy and tourism and create hardship for those attending hospital and receiving life-saving treatment in Glasgow and beyond; notes that the Deputy Minister for Transport, Lewis Macdonald MSP, attended a meeting on the island of Barra and assured islanders that their genuine concerns would be taken seriously and fed into the Scottish Executive review; further recognises that this proposal is undermining confidence in the long-term viability of the air service, and considers that the Scottish Executive should ensure that the review is completed on or before the end of March.

Supported by: Mr Alasdair Morrison*

*S1M-3757 Ms Margaret Curran: Building (Scotland) Bill-That the Parliament agrees that the Building (Scotland) Bill be passed.

Supported by: Hugh Henry*

S1M-3756# UNICEF Report, The State of the World's Children 2003 (lodged on 8 January 2003) Tommy Sheridan*

S1M-3753# Regeneration of the Clyde (lodged on 8 January 2003) Tommy Sheridan*

S1M-3750# Ageism in the Labour Market (lodged on 8 January 2003) Roseanna Cunningham*, Tommy Sheridan*

S1M-3735 Scotland's Fishing Communities (lodged on 23 December 2002) Rhoda Grant*

S1M-3733 Christmas Card Recycling (lodged on 20 December 2002) Karen Gillon*

S1M-3723# Ethical Investment (lodged on 18 December 2002) Karen Gillon*, Mr Jamie Stone*, Mr John McAllion*, Alex Neil*, Bill Butler*, Michael Russell*, Linda Fabiani*, Mr Adam Ingram*, Mr Gil Paterson*, Kay Ullrich*, Tommy Sheridan*

S1M-3715# Theatre in Scotland (lodged on 17 December 2002) Linda Fabiani*

S1M-3713# Records of Property Ownership (lodged on 16 December 2002) Linda Fabiani*, Mr Gil Paterson*

S1M-3710# Digital Hearing Aids (lodged on 13 December 2002) Linda Fabiani*, Mr Gil Paterson*

S1M-3692.1 Fire in the Old Town, Edinburgh (lodged on 10 December 2002) Linda Fabiani*

S1M-3691# Scotland's Fair Trade Towns (lodged on 9 December 2002) Mr Jamie Stone*, Alex Neil*

S1M-3688# General Agreement on Trade in Services (lodged on 6 December 2002) Linda Fabiani*

S1M-3664# Race Equality Training (lodged on 28 November 2002) Karen Gillon*

S1M-3657 Trade for Life Action Pledge (lodged on 27 November 2002) Mr Gil Paterson*

S1M-3638 "Crossing Borders", the 38th Annual Conference of the Royal Musical Association (lodged on 26 November 2002) Mr Gil Paterson*

S1M-3637# Argyll and Clyde NHS Acute Hospitals Trust (lodged on 25 November 2002) Mr Gil Paterson*

S1M-3623 - Withdrawn


Business Bulletin No. 5/2003
Friday 10 January 2003

Section G: Bills: Notices and Amendments


New amendments to Bills lodged on 9 January 2003

Land Reform (Scotland) Bill - Stage 3

Section 6

Bill Aitken


39 In section 6, page 4, line 2, leave out <forms the curtilage> and insert <lies within 50 metres of any part>

Bill Aitken


40 In section 6, page 4, line 6, after <school> insert <or other land used primarily by children for recreational purposes>

Bill Aitken


41 In section 6, page 4, line 34, at end insert-

<( ) which is enclosed farmland;>

Section 9

Bill Aitken


42 In section 9, page 6, line 13, at end insert-

<( ) being on or crossing land, or being above land, while doing anything which-

(i) disturbs or frightens, or is likely to disturb or frighten, any wild animal or farm animal; or

(ii) disturbs, or is likely to disturb, any commercial activity being carried on on that land>

Section 12

Bill Aitken


43 In section 12, page 7, line 24, at end insert-

<( ) the protection of rare or endangered flora or fauna>

After section 12

Bill Aitken


44 After section 12, insert-

<Suspension of access rights by owner of land

(1) The owner of land in respect of which access rights are (or would be, other than by virtue of this section) exercisable may, in the circumstances specified in subsection (4) below, suspend those rights for a maximum of 4 weeks in any calendar year.

(2) The circumstances are that lawful activity undertaken or authorised by the owner is taking place on the land, being activity which-

(a) is likely to be adversely affected by the exercise of access rights in respect of the land; or

(b) is likely to constitute a danger to a person exercising such rights in respect of the land.

(3) Such a suspension only has effect if the owner has placed, or arranged to have placed, in or adjacent to the land signs specifying-

(a) the land in respect of which access rights are suspended;

(b) the activity (being an activity such as is mentioned in subsection (2) above) by virtue of which those rights are suspended; and

(c) the days on which (and, if appropriate, times between which, on those days) those rights are suspended.

(4) The signs shall be of such number and prominence, and in such locations, as to give persons seeking to exercise access rights in respect of the land reasonable notice of the suspension; and the owner shall remove them, or arrange to have them removed, as soon as reasonably practicable after the end of the period of suspension.>

Section 13

Bill Aitken


45 In section 13, page 8, line 29, after <protect> insert <, maintain>

Section 15

Bill Aitken


46 In section 15, page 9, line 35, at end insert-

<( ) A notice under subsection (2) above may only be served if the action it requires the owner to take does not interfere unnecessarily with the ability of the owner to carry on established practices of land management.>

Section 34

Bill Aitken


47 In section 34, page 24, line 8, leave out subsection (20)

Section 42

Bill Aitken


48 In section 42, page 29, line 2, after <interest> insert <, any creditor in a standard security over the land>

Section 45

Bill Aitken


49 In section 45, page 30, line 27, leave out subsection (6)

Section 47

Bill Aitken


50 In section 47, page 32, line 10, leave out subsection (5)

Bill Aitken


51 In section 47, page 32, line 27, leave out subsection (7)

Section 51

Bill Aitken


52 In section 51, page 34, line 10, after <decide> insert <, within 28 days of the date (or, as the case may be, latest date) specified in the notices sent to those community bodies under section 45(2)(a),>

Section 55

Bill Aitken


53 In section 55, page 37, line 21, leave out subsection (2)

Section 58

Bill Aitken


54 In section 58, page 40, line 25, leave out subsection (8)

Section 62

Bill Aitken


55 In section 62, page 41, leave out line 39

Section 95

Bill Aitken


56 In section 95, page 65, line 7, leave out <, 39, 75 or 91> and insert <or 39>

Long Title

Bill Aitken


57 In the long title, page 1, line 3, leave out <and crofting>

Agricultural Holdings (Scotland) Bill - Stage 2

Section 10

John Farquhar Munro


1 In section 10, page 8, line 7, leave out from <or> to end of line 9

Section 15

John Farquhar Munro


2 In section 15, page 10, line 13, leave out subsection (3)

John Farquhar Munro


3 In section 15, page 10, line 15, leave out <to> and insert <and>

John Farquhar Munro


4 In section 15, page 10, line 22, at end insert-

<( ) Any agreement made between the landlord and the tenant after the lease has been entered into whereby one party purports to undertake to execute on behalf of the other, whether wholly at that party's own expense or wholly or partly at the expense of the other, any work which the other party is required to execute in order to fulfil that other party's obligations under the lease shall be of no effect.>

John Farquhar Munro


5 In section 15, page 10, line 23, leave out <to (3)> and insert <and (2)>

Section 16

John Farquhar Munro


6 Leave out section 16

Section 17

John Farquhar Munro


7 In section 17, page 11, line 35, at end insert-

<( ) Any agreement or provision in the lease which purports to stipulate that the lease may be irritated on the grounds that the tenant is not resident on the land shall be of no effect.>

Section 18

John Farquhar Munro


8 In section 18, page 12, leave out line 12

Section 45

John Farquhar Munro


9 In section 45, page 30, leave out line 20

John Farquhar Munro


10 In section 45, page 30, line 32, leave out from <and> to end of line 37

John Farquhar Munro


11 In section 45, page 31, line 8, leave out subsection (4)

Before section 52

John Farquhar Munro


12 Before section 52, insert-

<Agreements as to fixed equipment

In section 5 (fixed equipment and insurance premiums) of the 1991 Act, for subsection (3) there is substituted-

"(3) Any agreement made between the landlord and the tenant after the lease has been entered into whereby one party purports to undertake to execute on behalf of the other, whether wholly at his own expense or wholly or partly at the expense of the other, any work which the other party is required to execute in order to fulfil his obligations under the lease shall be null and void.".>

John Farquhar Munro


13 Before section 52, insert-

<Increase in rent: landlord's improvements

In section 15 (increase in rent for certain improvements by landlord) of the 1991 Act, in subsection (1)-

(a) after paragraph (a) there is inserted "or"; and

(b) paragraph (c) and the word "or" immediately preceding it are repealed.>

After section 54

John Farquhar Munro


14 After section 54, insert-

<Termination of tenancy

After section 16 (leases not terminated by variation of terms, etc.) of the 1991 Act there is inserted-

"16A Leases not terminated on grounds of non-residence

The lease of an agricultural holding shall not be brought to an end, and accordingly the landlord shall not be entitled to bring proceedings to terminate the lease or to treat it as at an end, by reason only that the tenant is not resident on the agricultural holding.".>

Section 58

John Farquhar Munro


15 In section 58, page 36, line 31, leave out from <if> to <section> in line 32

Homelessness etc. (Scotland) Bill - Stage 2

Section 5

Mr Kenneth Gibson


19 In section 5, page 4, line 5, leave out <duty> and insert <power>

Mr Kenneth Gibson


20 In section 5, page 4, line 12, leave out <shall> and insert <may>

Mr Kenneth Gibson


21 In section 5, page 4, line 16, leave out <shall> and insert <may>

Section 9

Linda Fabiani


22 In section 9, page 7, line 17, at end insert-

<( ) In section 24(3) of that Act (circumstances in which person who has accommodation is homeless)-

(a) in paragraph (b)-

(i) after "violence" in the first place where it occurs insert "or abuse (in this subsection meaning abuse within the meaning of the Protection from Abuse (Scotland) Act 2001 (asp 14))",

(ii) after "violence" in the second place where it occurs insert "or abuse",

(b) in paragraph (bb), after "violence" in both places where it occurs insert "or abuse".>

Linda Fabiani


23 In section 9, page 7, line 26, at end insert-

<( ) In section 35A of that Act (right to request review of decision) for subsection (4), substitute-

"(4) A decision reached on review may be appealed to the sheriff.">

Mental Health (Scotland) Bill - Stage 2

Section 30

Mrs Mary Mulligan


267 In section 30, page 15, line 28, after third <a> insert <relevant>

Mrs Mary Mulligan


268 In section 30, page 16, line 5, at end insert-

<( ) An application for a warrant under subsection (1) above shall-

(a) if made to the sheriff, be made to the sheriff of the sheriffdom; or

(b) if made to a justice of the peace, be made to a justice for the commission area,

in which the premises to which the application relates are situated.>

Mrs Mary Mulligan


269 In section 30, page 16, line 6, after third <a> insert <relevant>

Mrs Mary Mulligan


270 In substitution for amendment 78-

In section 30, page 16, line 18, leave out <and> and insert-

<(4A) An application for a warrant under subsection (3) above shall-

(a) if made to the sheriff, be made to the sheriff of the sheriffdom; or

(b) if made to a justice of the peace, be made to a justice for the commission area,

in which the person who is the subject of the inquiries for the time being is.

(4B) If a sheriff, or a justice of the peace, is satisfied by a relevant mental health officer's evidence on oath-

(a) that, for the purposes of inquiries under section 28 of this Act, it is necessary that a medical practitioner have access to the person's medical records; and

(b) that the mental health officer is unable to obtain the consent of that person to that matter,

the sheriff, or justice of the peace, may grant a warrant under this subsection.

(4C) A warrant under subsection (4B) above is a warrant>

Mrs Mary Mulligan


271 In section 30, page 16, line 21, at end insert-

<( ) An application for a warrant under subsection (4B) above shall-

(a) if made to the sheriff, be made to the sheriff of the sheriffdom; or

(b) if made to a justice, be made to a justice for the commission area,

in which the person who is the subject of the inquiries for the time being is.>

Mrs Mary Mulligan


272 In substitution for amendment 83-

In section 30, page 16, line 25, at end insert-

<( ) No appeal shall be competent against a decision of a sheriff, or a justice of the peace, under this section granting, or refusing to grant, a warrant.

( ) References to a relevant mental health officer-

(a) in subsection (1) above are to a mental health officer appointed by the local authority for the area in which the premises to which the application relates are situated;

(b) in subsections (3) and (4B) above are to a mental health officer appointed by the local authority which is causing inquiries to be made.>

Proposals for Members' Bills

Names marked with an asterisk (*) are new names of support. Proposals that have attracted 11 supporters have those supporters' names shown in bold. The member who lodged such a proposal has the right to introduce a Member's Bill to give effect to that proposal under rule 9.14.

Bill Butler: Proposed Direct Elections to National Health Service Boards (Scotland) Bill-Proposal for a Bill to require direct elections, for the public, to the majority of places on National Health Service Boards in Scotland (lodged 19 December 2002)

Supported by: Cathie Craigie, Margaret Jamieson, Scott Barrie, Jackie Baillie, Kate Maclean, Karen Whitefield, Mr Tom McCabe, Marilyn Livingstone, Paul Martin, Elaine Thomson, Helen Eadie, Johann Lamont, Pauline McNeill, Brian Fitzpatrick, Mr Michael McMahon, Karen Gillon, Janis Hughes, Dennis Canavan*, Tommy Sheridan*



Business Bulletin No. 5/2003
Friday 10 January 2003

Section H : New Documents


Committee Reports

The following Report is being published on 10 January 2003-

Subordinate Legislation Committee, 3rd Report 2003: Report on Subordinate Legislation (SP Paper 741)


European Documents

Members wishing to see a list of EC/EU documents and legislative proposals received in the Parliament should contact the clerk to the European Committee (europe@scottish.parliament.uk). Members are reminded that a complete set of all documents received is held by SPICe and copies can be made available on request. Additionally, SPICe holds a set of Briefing Papers produced primarily for MEPs covering the views of the UK Government on proposals for EC/EU legislation. Finally, the Parliament now receives copies of agendas in advance of each Council of the EU meeting (formerly known as the Council of Ministers) and post-Council reports. These and the Briefing Papers are available to all MSPs and parliamentary staff. Copies can be obtained on the SPICe page of the Parliament's intranet http://intranet/.


Business Bulletin No. 5/2003
Friday 10 January 2003

Section K : Progress of Parliamentary Business


For further information on the progress of Bills, subordinate legislation and committees shown in this section, please contact either the relevant clerk or web site (end of Section for addresses)

Bills in Progress

Note: Where a Bill is listed below with a date for Stage 2 (or for a day at that Stage), the deadline for lodging amendments for that Stage (or that day) is 2.00 pm, two sitting days earlier (e.g. 2.00 pm on Monday for a Stage 2 meeting on Wednesday). Where a Bill is listed with a date for Stage 3, the deadline is 4.30 pm, three sitting days earlier. Amendments should be lodged with the clerks to the Stage 2 committee. (Equivalent deadlines apply in relation to the Consideration and Final Stages of Private Bills.)

Agricultural Holdings (Scotland) Bill

Stage 2, Day 1 (Rural Development Committee) 14 January

Building (Scotland) Bill

Stage 2 completed 8 January

Commissioner for Children and Young People (Scotland) Bill

Stage 1 (debate, meeting of the Parliament) 15 January

Council of the Law Society of Scotland Bill

Stage 1 completed 9 January

Criminal Justice (Scotland) Bill

Stage 2 completed 18 December

Dog Fouling (Scotland) Bill

Stage 1 (debate, meeting of the Parliament) 16 January

Gaelic Language (Scotland) Bill

Stage 1 (evidence, Education, Culture and Sport Committee) 14 January

Homelessness etc. (Scotland) Bill

Stage 2 (Day 1, Social Justice Committee) 15 January

Land Reform (Scotland) Bill

Stage 3 (debate, meeting of the Parliament) 22 January

Local Government in Scotland Bill

Passed 8 January

Mental Health (Scotland) Bill

Stage 2 (Day 2, Health and Community Care Committee) 15 January

National Galleries of Scotland Bill

Preliminary Stage (National Galleries of Scotland Bill Committee) 3 February

Organic Farming Targets (Scotland) Bill

Stage 1 (Rural Development Committee) 14 January

Proportional Representation (Local Government Elections) (Scotland) Bill

Stage 1 Report published (Local Government Committee) 19 December

Prostitution Tolerance Zones (Scotland) Bill

Stage 1 (evidence, Local Government Committee) 14 January

Protection of Children (Scotland) Bill

Stage 2 completed 10 December

Public Appointments and Public Bodies etc. (Scotland) Bill

Stage 2 completed 17 December

Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill

Preliminary Stage completed 9 January

Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill

Stage 1 (Salmon and Freshwater Fisheries (Consolidation)

(Scotland) Bill Committee) 14 January

Title Conditions (Scotland) Bill

Stage 2 (Day 3, Justice 1 Committee) 14 January

Water Environment and Water Services (Scotland) Bill

Stage 2 completed 11 December

Subordinate legislation in progress

(date of laying) (Lead Committee)

Affirmative Instruments

Subject to approval by resolution by 19 January 2002

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.16) (Scotland) Order 2002 (SSI 2002/544) (11 December 2002) (Health and Community Care)

Subject to approval by resolution by 25 January 2003

The draft Extended Sentences for Violent Offenders (Scotland) Order 2003 (5 December 2002) (Justice 2)

Subject to approval by resolution by 1 February 2003

The draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 (12 December 2002) (Justice 1)

Negative Instruments


Subject to annulment by 12 January 2003

The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2002 (SSI 2002/518) (22 November 2002) (Rural Development)

Subject to annulment by 15 January 2003

Act of Sederunt (Fees of Sheriff Officers) 2002 (SSI 2002/515) (25 November 2002) (Justice 2)

Subject to annulment by 17 January 2003

The Seeds (Miscellaneous Amendments) (Scotland) Regulations 2002 (SSI 2002/520) (27 November 2002) (Rural Development)

Subject to annulment by 18 January 2003

The Taxi Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Amendment Regulations 2002 (SSI 2002/521) (Local Government)

The Scottish Local Government Elections Amendment Rules 2002 (SSI 2002/522) (28 November 2002) (Local Government)

Subject to annulment by 22 January 2003


The Kava-kava in Food (Scotland) Regulations 2002 (SSI 2002/523) (2 December 2002) (Health and Community Care)

The Food Labelling Amendment (Scotland) Regulations 2002 (SSI 2002/524) (2 December 2002) (Health and Community Care)

The Seeds (Fees) (Scotland) Regulations 2002 (SSI 2002/526) (2 December 2002) (Rural Development)

The Smoke Control Areas (Authorised Fuels) (Scotland) Amendment Regulations 2002 (SSI 2002/527) (2 December 2002) (Transport and the Environment)

The Road Traffic (NHS Charges) Amendment (No.2) (Scotland) Regulations 2002 (SSI 2002/528) (2 December 2002) (Health and Community Care)

The Poultry Breeding Flocks, Hatcheries and Animal By-Products (Fees) (Scotland) Order 2002 (SSI 2002/529) (2 December 2002) (Rural Development)

The Sheep and Goats Identification (Scotland) Amendment (No.2) Regulations 2002 (SSI 2002/531) (2 December 2002) (Rural Development)

The Community Care (Joint Working etc.) (Scotland) Regulations 2002 (SSI 2002/533) (2 December 2002) (Health and Community Care)

The NHS Quality Improvement Scotland Order 2002 (SSI 2002/534) (2 December 2002) (2 December 2002) (Health and Community Care)

The NHS Quality Improvement Scotland (Transfer of Officers) Regulations 2002 (SSI 2002/534) (2 December 2002) (Health and Community Care)

The Plant Protection Products Amendment (No.3) (Scotland) Regulations 2002 (SSI 2002/537) (2 December 2002) (Rural Development)


Subject to annulment by 24 January 2003


The Removal and Disposal of Vehicles Amendment (Scotland) Regulations 2002 (SSI 2002/538) (4 December 2002) (Transport and the Environment)


Subject to annulment by 31 January 2003


The Designation of Nitrate Vulnerable Zones (Scotland) (No.2) Regulations 2002 (SSI 2002/546) (11 December 2002) (Transport and the Environment)


Subject to annulment by 2 February 2003


The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Amendment Regulations 2002 (SSI 2002/547) (13 December 2002) (Transport and the Environment)

The School Crossing Patrol Sign (Scotland) Regulations 2002 (SSI 2002/549) (13 December 2002) (Transport and the Environment)

The Public Service Vehicles (Registration of Local Services) (Scotland) Amendment Regulations 2002 (SSI 2002/548) (13 December 2002) (Transport and the Environment)


Subject to annulment by 6 February 2003


The Air Quality Limit Values (Scotland) Amendment Regulations 2002 (SSI 2002/556) (17 December 2002) (Transport and the Environment)


Subject to annulment by 12 February 2003


The Seeds (Miscellaneous Amendments) (No.2) (Scotland) Regulations 2002 (SSI 2002/564) (23 December 2002) (Rural Development)

The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2002 (SSI 2002/565) (23 December 2002) (Rural Development)

Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002 (SSI 2002/567) (23 December 2002)

Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No.4) 2002 (SSI 2002/568) (23 December 2002)


Committee Business

Dates indicate when the next meeting is due to take place by each Committee.

Audit 21 January

Education, Culture and Sport 14 January

Enterprise and Lifelong Learning 14 January

Equal Opportunities 14 January

European 14 January

Finance 14 January

Health and Community Care 15 January

Justice 1 14 January

Justice 2 15 January

Local Government 14 January

Procedures 14 January

Public Petitions 14 January

Rural Development 14 January

Social Justice 15 January

Standards 29 January

Subordinate Legislation 14 January

Transport and Environment 22 January


[CENSORED: table inserted here in original giving contact information]

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Scottish Parliament: Business Bulletin 5/2003

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