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Document 1227

Scottish Parliament: Business Bulletin 12/2003

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. 12/2003
Tuesday 21 January 2003

Contents

Announcements
Section A : Daily Business List
Section B : Business Programme
Section C : Agendas of Committee Meetings
Section D : Oral Questions selected for answer on 23 January 2003
Section E : Written questions lodged on 20 January 2003
Section F : Motions and Amendments
Section G : Bills: Notices and Amendments
Section H : New Documents
Section J : Parliamentary Bureau: Note of Decisions
Section K : Progress of Parliamentary Business


Business Bulletin No. 12/2003
Tuesday 21 January 2003

Announcements

Commissioner for Children and Young People (Scotland) Bill

As previously announced, amendments for Stage 2 of the Commissioner for Children and Young People (Scotland) Bill may now be lodged with the clerks to the Commissioner for Children and Young People (Scotland) Bill Committee, Martin Verity (Room 2.7 Committee Chambers, extn. 85204), Susan Duffy (Room 2.7 extn. 85238) and Ian Cowan (Room 2.7 extn. 85222). 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, 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 Stage 2 proceedings will be on Tuesday 4 February and therefore that the last day for lodging amendments for the Marshalled List will be Friday 31 January.

Water Environment and Water Services (Scotland) Bill

As previously announced, amendments for Stage 3 of the Water Environment and Water Services (Scotland) Bill may now be lodged with the clerks to the Transport and the Environment, Callum Thomson (Room 3.6 Committee Chambers, extn. 85208), Alastair Macfie (Room 3.6 extn. 85225), Rosalind Wheeler (Room 3.5 Committee Chambers, extn. 85051) and Euan Donald (Room 3.5 extn. 86227). The clerks should be consulted about the wording and admissibility of amendments.


Amendments may be lodged until 4.30 pm on any sitting day. Stage 3 will take place on Wednesday 29 January 2003 and the deadline for lodging amendments is therefore 4.30 pm on Friday 24 January 2003.





Business Bulletin No. 12/2003
Tuesday 21 January 2003

Section A : Daily Business List


Meetings of Committees

All meetings take place in Committee Chambers, Edinburgh unless otherwise indicated.


Health and Community Care Committee

3rd Meeting, 2003

The Committee will meet at 9.30 am in Committee Room 1

1. Mental Health (Scotland) Bill (Day 3): The Committee will consider the Bill at Stage 2.


Procedures Committee

3rd 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.


Subordinate Legislation Committee

3rd 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—

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

2. Delegated powers scrutiny: The Committee will consider the response from the Executive to points raised on the following Bill—

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

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

Public Appointments and Public Bodies etc. (Scotland) Bill as amended at Stage 2.

4. Draft instruments subject to approval: The Committee will consider the following—

The Proceeds of Crime Act 2002 (Disclosure of Information to and by Lord Advocate and Scottish Ministers) Order 2003, (draft)

The Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003, (draft).

5. Instruments subject to annulment: The Committee will consider the following—

The Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2003, (SSI 2003/9)

The Education (Disability Strategies) (Scotland) Amendment Regulations 2003, (SSI 2003/10)

The National Health Service (General Medical Services) (Scotland) Amendment Regulations 2003, (SSI 2003/11)

The Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003, (SSI 2003/19)

The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2003, (SSI 2003/20).

6. Instruments not subject to Parliamentary control: The Committee will consider the following—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.6) (Scotland) Order 2002 Revocation Order 2003, (SSI 2003/17)

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.15) (Scotland) Order 2002 Revocation Order 2003, (SSI 2003/18).

7. Toronto conference: The Committee will consider a draft report.


Audit Committee

2nd Meeting, 2003

The Committee will meet at 2.00 pm in Committee Room 2

1. Dealing with Offending by Young People (in private): The Committee will consider lines of questioning for the witnesses at agenda item 4.

2. Items in private: The Committee will consider whether to take agenda items 6 and 7 in private.

3. Overview of the National Health Service in Scotland 2001/02: The Committee will receive a briefing from the Auditor General for Scotland on his report entitled ‘ Overview of the National Health Service in Scotland 2001/02’ (AGS/2003/1).

4. Dealing with Offending by Young People: The Committee will take evidence from:

Mr Mike Ewart, Head of Department, Scottish Executive Education Department;

Mr Colin Mackenzie, Convener, Criminal Justice Standing Committee, Association of Directors of Social Work;

Mr Chris Hawkes, Criminal Justice Standing Committee, Association of Directors of Social Work;

Ms Sandra Paterson; Children and Family Standing Committee, Association of Directors of Social Work;

Mr Alan Miller, Principal Reporter, Scottish Children’s Reporter Administration;

on its inquiry into the report by the Auditor General for Scotland entitled ‘Dealing with Offending by Young People’ (AGS/2002/8).

5. Dealing with Offending by Young People (in private): The Committee will consider the evidence taken at agenda item 4 and further arrangements for the inquiry.

6. Overview of the National Health Service in Scotland 2001/02: The Committee will consider its approach to the report by the Auditor General for Scotland entitled ‘Overview of the National Health Service in Scotland 2001/02’ (AGS/2003/1).

7. How Government Works in Scotland: The Committee will consider a revised draft report in its inquiry into the report by the Auditor General for Scotland entitled ‘How Government Works in Scotland’ (AGS/2002/6).


Education, Culture and Sport Committee

3rd Meeting, 2003

The Committee will meet at 2.00 pm in Committee Room 3

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

2. Gaelic Language (Scotland) Bill: The Committee will take evidence on the general principles of the Bill at Stage 1 from—

Mike Watson, Minister for Tourism, Culture and Sport

Douglas Ansdell, Head of Gaelic Unit, Scottish Executive

Bob Irvine, Head of Sport, Arts and Culture Division, Scottish Executive

Michael Russell

in addition, the Committee will consider whether to take a draft Stage 1 report on the Bill in private at its next meeting.

3. Subordinate legislation: The Committee will consider the following negative instruments—

the Education (Disability Strategies) (Scotland) Amendment Regulations 2003, (SSI 2003/10)

the Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003, (SSI 2003/19).

4. Petitions PE368 and PE371: The Committee will consider correspondence from the Scottish Executive and COSLA.

5. Gaelic Language (Scotland) Bill: The Committee will consider the key issues for its draft Stage 1 report.


Local Government Committee

3rd Meeting, 2003

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

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

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

Hugh Henry, MSP, Deputy Minister for Justice;

Richard Scott, Head of Criminal Justice Division, Scottish Executive;
Gillian McCole, Criminal Justice Division, Scottish Executive;

Ms Margo MacDonald, MSP;

Annie Rhodes, Managing Director of Bookspeed, Salamander Yards, and Member of the Tolerance Zones Steering Group.

3. Renewing Local Democracy - Phase 2 Inquiry: The Committee will consider a draft report and external research findings.

4. Allotments Inquiry: The Committee will consider a draft report.


Rural Development Committee

3rd Meeting, 2003

The Committee will meet at 2.00 pm in Committee Room 1

1. Item in private: The Committee will consider whether to take item 4 in private.

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

3. Subordinate legislation: The Committee will consider the following instruments under the negative procedure—

The Seeds (Miscellaneous Amendments) (No.2) (Scotland) Regulations 2002, (SSI 2002/564)

The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2002, (SSI 2002/565).

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


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

3rd 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 consider the response from the Scottish Executive to points raised on the Bill.

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

Patrick Layden, Legal Secretary to the Lord Advocate, Scottish Executive

Susan Sutherland, Solicitor, Scottish Law Commission

Robert Williamson

David Dunkley, Scottish Executive, Environment and Rural Affairs Department.



Business Bulletin No. 12/2003
Tuesday 21 January 2003

Section B : Business Programme


As agreed by the Parliament on 16 January 2003


Wednesday 22 January 2003

2:30 pm Time for Reflection – Mrs Dianna Wolfson, formerly Head Teacher at the Jewish primary school in Glasgow

followed by Parliamentary Bureau Motions

followed by Stage 3 of Land Reform (Scotland) Bill (for text of motion see S1M-3780 in Section F of Business Bulletin for Monday 20 January 2003)

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business – debate on the subject of S1M-3430 Brian Adam: Safety Campaign on Diesel Spills (for text of motion see S1M-3430 in Section F of Business Bulletin for Monday 20 January 2003)


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 (for text of questions see Section D)

3:10 pm First Minister's Question Time (for text of questions see Section D of Business Bulletin for Thursday 16 January 2003)

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 Monday 20 January 2003)


Wednesday 29 January 2003

2:30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 of Water Environment and Water Services (Scotland) Bill

followed by Parliamentary Bureau Motions

7:00 pm Decision Time


Thursday 30 January 2003

9:30 am Green Party and Scottish Socialist Party Business

followed by Business Motion

followed by Members' Business

2:30 pm Question Time

3:10 pm First Minister’s Question Time

3:30 pm Stage 1 debate on the Budget Bill

followed by Scottish Parliamentary Corporate Body’s nomination for the Scottish Parliamentary Standards Commissioner

followed by Standards Committee motion on changes to the Code of Conduct

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members’ Business – debate on the subject of S1M-3766 Murdo Fraser: British Cattle Movement Service (for text of motion see S1M-3766 in Section F of Business Bulletin for Monday 20 January 2003)


Business Bulletin No. 12/2003
Tuesday 21 January 2003

Section C : Agendas of Committee Meetings


Health and Community Care Committee

22 January 2003

4th Meeting, 2003

The Committee will meet at 9.30 am in Committee Room 2

1. Subordinate legislation: The Committee will consider the following negative instruments—

The Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2003, (SSI 2003/9)

The National Health Service (General Medical Services) (Scotland) Amendment Regulations 2003, (SSI 2003/11).

2. Mental Health (Scotland) Bill (Day 4): The Committee will consider the Bill at Stage 2.


Transport and the Environment Committee

22 January 2003

2nd Meeting, 2003

The Committee will meet at 9.45 am in Committee Room 1

1. Subordinate legislation: The Committee will take evidence on the Designation of Nitrate Vulnerable Zones (Scotland) (No.2) Regulations 2002 (SSI 2002/546) from—

Jim Walker, President, NFU Scotland

Richard Church, Hydrologist, Entec UK Limited

Lisa Schneidau, Convener, Agricultural Task Force, Scottish Wildlife Trust

Fiona Newcombe, Agricultural Task Force, RSPB Scotland

At approximately 11 am.

2. Subordinate legislation: The Committee will debate the following motion—

S1M-3731 John Scott: That the Transport and the Environment Committee recommends that nothing further be done under the Designation of Nitrate Vulnerable Zones (Scotland) (No.2) Regulations 2002 (SSI 2002/546).

3. Subordinate legislation: The Committee will consider the following negative instruments—

The Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (Scotland) Amendment Regulations 2002, (SSI 2002/547)

The Public Service Vehicles (Registration of Local Services) (Scotland) Amendment Regulations 2002, (SSI2002/548)

The School Crossing Patrol Sign (Scotland) Regulations 2002, (SSI 2002/549)

The Air Quality Limit Values (Scotland) Amendment Regulations 2002, (SSI 2002/556).

4. Organic Waste Spread on Land: The Committee will consider recent developments in relation to Petition PE 327 by the Blairingone and Saline Action Group on Organic Waste Spread on Land.


Enterprise and Lifelong Learning Committee

22 January 2003

3rd Meeting, 2003

The Committee will meet at 10.00 am in Committee Room 3

1. Legacy Paper: The Committee will consider a Legacy Paper which will provide advice to its successor Committee, based on its experience of the first Parliamentary Session.

2. Subordinate legislation: The Committee will take evidence on the issues previously raised (Committee Meeting 8 October 2002) in relation to the Late Payment of Commercial Debts (Scotland) Regulations 2002 (SSI 2002/335) from—

Iain Gray, Minister for Enterprise, Transport and Lifelong Learning.



Business Bulletin No. 12/2003
Tuesday 21 January 2003

Section D : Oral Questions selected for answer on 23 January 2003


First Minister's Question Time

1. Mr John Swinney: To ask the First Minister what issues will be discussed at the next meeting of the Scottish Executive’s Cabinet. (S1F-2421)

2. David McLetchie: To ask the First Minister when he will next meet the Prime Minister and what issues he intends to raise. (S1F-2425)

3. Marilyn Livingstone: To ask the First Minister whether the Scottish Executive has any plans to place a cap on the number of non-domicilled students studying at Scottish higher education institutions. (S1F-2433)

4. Mr Jamie Stone: To ask the First Minister what resources the Scottish Executive is making available to police forces to investigate child pornography on the internet. (S1F-2424)

5. Mr Adam Ingram: To ask the First Minister whether the Scottish Executive plans to re-evaluate the use of public private partnership as a means of financing schools. (S1F-2428)

6. David Mundell: To ask the First Minister what progress the Scottish Executive has made in promoting the life and works of Robert Burns. (S1F-2419)



Business Bulletin No. 12/2003
Tuesday 21 January 2003

Section E : Written questions lodged on 20 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-33275 Robin Harper: To ask the Scottish Executive when it will publish an updated version of the Report on care home costs for older people in Scotland by the National Review Group.

S1W-33276 Robin Harper: To ask the Scottish Executive whether it will include the costs of water rates in any recalculation of care home costs in any updated version of the Report on care home costs for older people in Scotland by the National Review Group.

S1W-33277 Michael Russell: To ask the Scottish Executive whether it intends to make appointments to the remaining two places on Bòrd Gàidhlig na h-Alba; if so, when the appointments will be made, and whether those that originally applied will be considered.

S1W-33278 Richard Lochhead: To ask the Scottish Executive how much (a) has been committed in each of the last three years and (b) is projected to be committed in future years on transport improvements for the regions as referred to in the leaflets associated with its transport delivery report, Scotland’s Transport: Delivering Improvements: Transport Indicators for Scotland, including improvements arising from any new announcements since the report’s publication, expressed per capita and broken down by region.

S1W-33279Δ Sarah Boyack: To ask the Scottish Executive when it will make an announcement on the proposal to build a 56-megawatt wind farm at Cairn Uish in Moray.

S1W-33280 Mary Scanlon: To ask the Scottish Executive whether the number of whole-time equivalent consultant rheumatologists per head of population is in line with the recommended level set by its Health Department, the British Society for Rheumatology, the Royal College of Physicians and the World Health Organisation.

S1W-33281 Christine Grahame: To ask the Scottish Executive what criteria are used to decide who the selected bidders will be as referred to in section 4 of Connecting Scotland: our broadband future; Making it Happen.

S1W-33282 Christine Grahame: To ask the Scottish Executive whether the final contracts for the pathfinder procurement process referred to in section 4 of Connecting Scotland: our broadband future: Making it Happen will be awarded on the basis of cost only or whether guarantees of overall service provision will also be taken into account.

S1W-33283 Christine Grahame: To ask the Scottish Executive what steps are in place to ensure the continued administration of the South of Scotland Pathfinder project when the posts of project manager and assistant fall vacant in March 2003, given the procurement process set out in section 4 of Connecting Scotland: our broadband future: Making it Happen.

S1W-33284 Christine Grahame: To ask the Scottish Executive what the rules are governing the granting of subsidies to companies taking part in the trials of satellite-accessed broadband to cover installation costs as referred to in section 6 and paragraph 8.4 of Connecting Scotland: our broadband future: Making it Happen and whether these rules are specific to each local enterprise company.

S1W-33285 Christine Grahame: To ask the Scottish Executive how many asymmetrical digital subscriber line enabled exchanges there are given the figures of 67 and 54 quoted respectively in Connecting Scotland: our broadband future: Making it Happen and BT Scotland’s submission to the Rural Development Committee’s inquiry into integrated rural development; what percentage of these exchanges are in the Pathfinder areas, and what steps are being taken to encourage greater pre-registration of interest to speed up rural penetration of broadband access.

S1W-33286Δ Karen Whitefield: To ask the Scottish Executive what assessment it has made of recent incidents at HM Prison Shotts and what action it will take as a result.

S1W-33287 Pauline McNeill: To ask the Scottish Executive why the breach of an electronic tagging order is referred to the courts only after three breaches.

S1W-33288 Pauline McNeill: To ask the Scottish Executive whether an offender that commits a crime whilst also breaching an electronic tagging order is automatically referred to the courts for breach of the order.

S1W-33289 Pauline McNeill: To ask the Scottish Executive why there is a difference in approach to the breaching of a bail condition, which is automatically a matter for the courts, and the breaching of an electronic tagging order, which is not.

S1W-33290 Brian Adam: To ask the Scottish Executive whether it will consider reviewing the practice of self-regulation in the legal profession.

S1W-33291 Brian Adam: To ask the Scottish Executive what weight it gives to cumulative effects of multiple proposals across local authority boundaries in consideration of planning applications for wind farms.

S1W-33292 Mr Tom McCabe: To ask the Scottish Executive what success police forces have had in seizing shipments of cocaine in the last five years.

S1W-33293 Mr Tom McCabe: To ask the Scottish Executive whether the use of cocaine by young people has increased over the last five years and what links there are between crime and (a) cocaine and (b) crack cocaine use.

S1W-33294 Mr Tom McCabe: To ask the Scottish Executive how many recorded convictions there have been for trafficking in cocaine in each of the last five years.

S1W-33295 Mr Tom McCabe: To ask the Scottish Executive how many people have been arrested for possession of cocaine in the last five years.

S1W-33296 Mr Tom McCabe: To ask the Scottish Executive what support is available to cocaine and crack cocaine addicts.

S1W-33297 Tavish Scott: To ask the Scottish Executive how many crofters and farmers received their 2002 Suckler Cow Premium advance payments (a) in November 2002, (b) in December 2002 and (c) up to and including 20 January 2003 and how many payments remain to be made after 20 January 2003.

S1W-33298 Tavish Scott: To ask the Scottish Executive what the reason was for delays in issuing 2002 Suckler Cow Premium advance payments to crofters and farmers, scheduled to be issued in November 2002 but received by many producers in mid-January 2003 and what action is being taken to avoid similar delays in the future.

S1W-33299 Christine Grahame: To ask the Scottish Executive whether it has had any discussions with the Borders Railway Forum on whether any private bill on the Borders railway will contain provisions that charge expenditure on the Scottish Consolidated Fund; what agreement it has given to any such expenditure; what advice it has given the forum on the bill not progressing beyond its Preliminary Stage in the Parliament if no such funding is made available, and what the reasons are for its position on this matter.

S1W-33300 Mr Kenny MacAskill: To ask the Scottish Executive whether a growing rail freight industry plays an important role in developing Scotland's economic potential.

S1W-33301 Mr Kenny MacAskill: To ask the Scottish Executive what assessment it has made of the contribution of awards for freight facilities grants and track access grants to achieving of Her Majesty's Government's target of 80% growth in rail freight traffic by 2010.

S1W-33302 Mr Kenny MacAskill: To ask the Scottish Executive how much public subsidy the rail infrastructure operator received for Scotland in 2001-02.

S1W-33303 Mr Kenny MacAskill: To ask the Scottish Executive how much public subsidy (a) freight and (b) passenger rail operations received in 2001-02.

S1W-33304 Mr Kenny MacAskill: To ask the Scottish Executive how many lorry miles have been removed from the road network as a result of Anglo-Scottish freight facilities grant and track access grant schemes awards

S1W-33305 Mr Kenny MacAskill: To ask the Scottish Executive how many awards granted for freight facilities grant and track access grant schemes in 2001-02 depended upon an element of funding for Anglo-Scottish flows from the Strategic Rail Authority and what the economic and environmental benefit of such awards has been.

Business Bulletin No. 12/2003
Tuesday 21 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-3782 Grampian Records Liquidation (lodged on 17 January 2003) Brian Adam*, Ms Sandra White*

*S1M-3779 Roseanna Cunningham: Reported Comments by the Chief Executive of the Scottish Prison Service—That the Parliament notes the recent statement of the Chief Executive of the Scottish Prison Service as reported in The Herald on 16 January 2003 threatening to move HM Prison Perth to Dundee in response to Perth and Kinross Council’s development control committee’s legitimately expressed concerns regarding the demolition of C Hall at the prison and saying that Dundee "would love (a prison) because a lot of prisoners come from Dundee"; believes that such comments would be deliberately confrontational and, regrettably, all too typical of the Chief Executive of the Scottish Prison Service’s management style, unnecessarily unsettling for the staff at HM Prison Perth and their families and outrageously disparaging of the residents of Dundee; believes that there should be an apology, and calls on the Deputy First Minister and Minister for Justice to make it clear that he would not support the closure of HM Prison Perth.

S1M-3773 Drug Rape (lodged on 15 January 2003) Mr Tom McCabe*, Brian Fitzpatrick*

S1M-3766# British Cattle Movement Service (lodged on 14 January 2003) Stewart Stevenson*

S1M-3764 Learndirect Scotland (lodged on 14 January 2003) Mr Tom McCabe*, Irene Oldfather*

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

S1M-3753# Regeneration of the Clyde (lodged on 8 January 2003) Pauline McNeill*, Irene Oldfather*

S1M-3750# Ageism in the Labour Market (lodged on 8 January 2003) Pauline McNeill*

S1M-3742 Lord Jenkins of Hillhead (lodged on 7 January 2003) Pauline McNeill*

S1M-3741 The Inverclyde Electronics Industry (lodged on 6 January 2003) Pauline McNeill*

S1M-3738 Fame Academy (lodged on 24 December 2002) Pauline McNeill*

S1M-3736 Glasgow City Centre Policing (lodged on 23 December 2002) Brian Fitzpatrick*

S1M-3733 Christmas Card Recycling (lodged on 20 December 2002) Pauline McNeill*

S1M-3723# Ethical Investment (lodged on 18 December 2002) Mr Murray Tosh*


Business Bulletin No. 12/2003
Tuesday 21 January 2003

Section G: Bills: Notices and Amendments

New Bills introduced or reprinted on 20 January 2003

Budget (Scotland) (No.4) Bill—A Bill for an Act of the Scottish Parliament to make provision, for financial year 2003/04, for the use of resources by the Scottish Administration and certain bodies whose expenditure is payable out of the Scottish Consolidated Fund, for authorising the payment of sums out of the Fund, for the maximum amount of relevant expenditure for the purposes of section 94(5) of the Local Government (Scotland) Act 1973 (c.65) and the maximum amounts of borrowing by certain statutory bodies; to make provision, for financial year 2004/05, for authorising the payment of sums out of the Fund on a temporary basis; and for connected purposes. (SP Bill 72) (Budget Bill)

Introduced by: Mr Andy Kerr

Supported by: Mr Jack McConnell, Mr Jim Wallace, Patricia Ferguson

Accompanying documents (SP Bill 72-AD) were printed to accompany the Bill.

New amendments to Bills lodged on 17 January 2003

Land Reform (Scotland) Bill - Stage 3

Section 15

Dennis Canavan



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

<( ) Any person who proposes to erect a fence, wall or other structure which (whether by the use of barbed wire or other sharp material or by being electrified or otherwise) may injure a person exercising access rights shall, before so doing, apply for permission from the local authority or authorities in whose area the proposed fence, wall or other structure is to be located.>



New amendments to Bills lodged on 20 January 2003

Land Reform (Scotland) Bill - Stage 3

Amendment 92J was lodged as a manuscript amendment under Rule 9.10.6. The Presiding Officer has agreed under that Rule that this amendment may be moved at the meeting of the Parliament on 22 January.

Before section 12

Roseanna Cunningham


92J As an amendment to amendment 92, line 59, leave out <five years> and insert <one year>

Section 37



Roseanna Cunningham


213 In substitution for amendment 212-

In section 37, page 26, line 25, at end insert-

<(3A) Subsection (1) operates so as to prohibit transfer of shares in a company which owns land in which a community interest has been registered.>

After section 56

Roseanna Cunningham


214 In substitution for amendment 205-

After section 56, insert-

<Chapter

Compulsory purchase

Power to purchase registered land compulsorily

(1) Where-

(a) a community interest in land has been registered under section 34 above for more than five years; and

(b) a ballot has been held under section 47 above on the question whether the community body should buy the land,

the local authority within whose area the land is situated may, subject to subsection (2), apply to Ministers for authority to purchase the land compulsorily on behalf of the community body.

(2) The authority may grant an application under subsection (1) above only if it considers that-

(a) it is appropriate, and not contrary to the public interest, to do so;

(b) the community body, if the land was so purchased on its behalf, would use the land in a way that was consistent with furthering the achievement of sustainable development;

(c) there is no reasonable likelihood of the community body being able to exercise the right to buy under Part 2 of this Act within the next ten years; and

(d) the community body is in a position to pay an amount equivalent to the value of the land plus the transaction expenses.

(3) An application under subsection (1) above shall be made in such form as may be prescribed, and the authority shall serve copies on-

(a) the owner of the land; and

(b) the community body.

(4) On determining an application under subsection (1) above, Ministers shall-

(a) notify the authority, the owner of the land and the community body of their decision; and

(b) if they approve the application, appoint a valuer to assess the value of the land as at the date of Ministers' approval of the application.

(5) Subsections (3), (5), (6), (7)(a) and (c) and (10) of section 55 above, and section 56 above, apply to a valuer appointed under subsection (4)(b) above as they apply to a valuer appointed under section 55(1) above but as if-

(a) for any reference to the community body which is exercising its right to buy the land, there were substituted a reference to the community body; and

(b) in section 55(3), after the reference to the owner of the land, there was added a reference to the authority.

(6) Where an application under subsection (1) above is approved by Ministers, the authority may-

(a) purchase the land compulsorily for the price fixed by the valuer appointed under subsection (4)(b) above; and

(b) on receiving payment from the community body of the amount mentioned in subsection (2)(b) above, transfer ownership of the land to the community body or otherwise secure for the community body rights in relation to the use of the land equivalent to those of ownership.

(7) Where the land is purchased compulsorily under subsection (6)(a) above-

(a) the community body's right to buy the land is, on the date of purchase, extinguished; and

(b) Ministers shall direct the Keeper to delete the community body's interest from the Register.

(8) In this section, "transaction expenses" means any expenses incurred by the local authority in completing the compulsory purchase.>

Before section 91

Mr Alasdair Morrison


215 Before section 91, insert-

<Right to buy common grazings

(1) The right conferred by this section may be exercised only by-

(a) a grazings committee;

(b) a trust the trustees of which comprise a majority of the shareholders in common grazings; or

(c) a trust appointed for the purpose of this section by a majority of those shareholders.

(2) A committee or trust such as is mentioned in subsection (1) above may at any time apply in writing to the owner of the land comprising the common grazings seeking-

(a) the owner's permission to take such action as may be specified in the application, being action the committee or trust considers necessary or appropriate to the crofting activities of the township; or

(b) the owner's cooperation in such action as may be specified in the application, being action the committee or trust considers appropriate to the development of the common grazings.

(3) If, six months after making an application to the owner under subsection (2), the committee or trust which made the application considers that the owner has unreasonably refused the permission sought or, as the case may be, unreasonably failed to co-operate as sought, it may apply to the Land Court for the right to buy the land that is the common grazings.

(4) The Land Court, if satisfied that it is appropriate in all the circumstances of the case to do so, may grant the application and order the owner to sell the land to the committee or trust for-

(a) such amount as may be agreed between the committee or trust and the owner; or

(b) failing such agreement, such amount as the Land Court may determine to be the proportion of the current rent payable for all the crofts which share the common grazing attributable to those common grazings, multiplied by a factor of 15.

(5) In this section, "grazings committee" means a committee appointed under section 47 of the Crofters (Scotland) Act 1993 (c.44).>

Mental Health (Scotland) Bill – Stage 2

Note: The following amendments were lodged as manuscript amendments under Rule 9.10.6. The Convener of the Health and Community Care Committee has agreed under that rule that these amendments may be moved at the meeting of the Committee on 21 January 2003.

Section 58

Shona Robison


511 In section 58, page 34, line 4, leave out <secure> and insert <ensure>

Shona Robison


346A As an amendment to amendment 346, line 14, leave out <secure> and insert <ensure>


Business Bulletin No. 12/2003
Tuesday 21 January 2003

Section H : New Documents

Subordinate Legislation

Not Subject to any Parliamentary Procedure

The following instruments were laid before the Parliament on 20 January 2003 and are not subject to any Parliamentary procedure—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.13) (Scotland) Order 2002 Partial Revocation Order 2003 (SSI 2003/22)—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.12) (Scotland) Order 2002 Revocation Order 2003 (SSI 2003/23)—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.14) (Scotland) Order 2002 Revocation Order 2003 (SSI 2003/24)—

laid under section 1(10) of the Food and Environment Protection Act 1985


Other Documents

The following documents were laid before the Parliament on 20 January 2003 and are not subject to any Parliamentary procedure—

Sea Fisheries (Shellfish) Act 1967: Shellfish Orders and Applications 2002 (SE/2003/11)

laid under section 6 of the Sea Fisheries Act 1967


Scotland’s Budget Documents 2003-04: Budget (Scotland) (No.4) Bill for the year ending 31 March 2004 (SE/2003/12)


Committee Reports

The following Report is being published on 21 January 2003

Justice 2 Committee, 4th Report 2003: Crown Office and Procurator Fiscal Service Inquiry (SP Paper 747)

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. 12/2003
Tuesday 21 January 2003

Section J: Parliamentary Bureau: Note of Decisions

NOTE OF DECISIONS TAKEN AT THE MEETING OF THE PARLIAMENTARY BUREAU: 14 january 2003 AT 2.30 PM


Members:

Presiding Officer Sir David Steel (in the chair)

Deputy Presiding Officer George Reid

Deputy Presiding Officer Murray Tosh

Labour Party Business Manager Patricia Ferguson

Scottish National Party Business Manager Fiona Hyslop

Scottish Conservative and Unionist Party

Business Manager Alex Johnstone

Liberal Democrat Party Business Manager Euan Robson

1. Future Business Programme


It was agreed to recommend to the Parliament future business for the week commencing 27 January 2003. (for text of motion see Section F of the Business Bulletin for 15 January 2003).



2. Procedural Motions



It was agreed to recommend to the Parliament that the Justice 2 Committee be designated as lead committee in consideration of the Act of Sederunt (Fees of Sheriff Officers) (No 2) 2002 and the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No.4) 2002 orders.

It was also agreed to recommend to the Parliament that The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No 16) (Scotland) Order 2002 be approved.

3. Timetabling of Bills

It was agreed to recommend to the Parliament that Stage 2 of the Law Society of Scotland Bill be completed by 28 February 2003.

4. Date of Next Meeting

It was agreed that the next meeting would be at 3.30pm on 21 January 2003.






Lee Bridges

Clerk to the Parliamentary Bureau

14 January 2003



Business Bulletin No. 12/2003
Tuesday 21 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 2 (Rural Development Committee) 21 January

Budget (Scotland) (No.4) Bill

Introduced 20 January

Building (Scotland) Bill

Stage 2 completed 8 January

Commissioner for Children and Young People (Scotland) Bill

Stage 1 completed 15 January

Council of the Law Society of Scotland Bill

Stage 2 (Justice 1 Committee) 11 February

Criminal Justice (Scotland) Bill

Stage 2 completed 18 December

Dog Fouling (Scotland) Bill

Stage 2 (Local Government Committee) 28 January

Gaelic Language (Scotland) Bill

Stage 1 (evidence, Education, Culture and Sport Committee) 21 January

Homelessness etc. (Scotland) Bill

Stage 2 completed 15 January

Land Reform (Scotland) Bill

Stage 3 (Day 1, debate, meeting of the Parliament) 22 January

Stage 3 (Day 2, debate, meeting of the Parliament) 23 January

Local Government in Scotland Bill

Passed 8 January

Mental Health (Scotland) Bill

Stage 2 (Day 3, Health and Community Care Committee) 21 January

Stage 2 (Day 4, Health and Community Care Committee) 22 January

National Galleries of Scotland Bill

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

Organic Farming Targets (Scotland) Bill

Stage 1 report published (Rural Development Committee) 17 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) 21 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

Consideration Stage (evidence, Robin Rigg Offshore Wind Farm

(Navigation and Fishing) (Scotland) Bill Committee) 24 February

Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill

Stage 1 (evidence, Salmon and Freshwater Fisheries (Consolidation)

(Scotland) Bill Committee) 21 January

Title Conditions (Scotland) Bill

Stage 2 completed 14 January

Water Environment and Water Services (Scotland) Bill

Stage 3 (debate, meeting of the Parliament) 29 January

Subordinate legislation in progress

(date of laying) (Lead Committee)

Affirmative Instruments

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)

Subject to approval by resolution by 24 February 2003


The draft Proceeds of Crime Act 2002 (Disclosure of Information to and by Lord Advocate and Scottish Ministers) Order 2003 (16 January 2003)

The draft Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003 (16 January 2003)

Subject to approval by resolution by 25 February 2003

Draft Child Support Appeals (Jurisdiction of Courts) (Scotland) Order 2003 (17 January 2003)




Negative Instruments


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) (Justice 2)

Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No.4) 2002 (SSI 2002/568) (23 December 2002) (Justice 2)


Subject to annulment by 18 February 2003


The Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2003 (SSI 2003/9) (10 January 2003) (Health and Community Care)

The Education (Disability Strategies) (Scotland) Amendment Regulations 2003 (SSI 2003/10) (10 January 2003) (Education, Culture and Sport)

The National Health Service (General Medical Services) (Scotland) Amendment Regulations 2003 (SSI 2003/11) (10 January 2003) (Health and Community Care)


Subject to annulment by 23 February 2003


The Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003 (SSI 2003/19) (15 January 2003) (Education, Culture and Sport)


Subject to annulment by 24 February 2003


The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2003 (SSI 2003/20) (16 January 2003)


Subject to annulment by 25 February 2003


The Police and Police (Special Constables) (Scotland) Amendment Regulations 2003 (SSI 2003/21) (17 January 2003)


Committee Business

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

Audit See Section A

Education, Culture and Sport See Section A

Enterprise and Lifelong Learning 22 January

Equal Opportunities 31 January

European 28 January

Finance 28 January

Health and Community Care See Section A

Justice 1 27 January

Justice 2 29 January

Local Government See Section A

Procedures See Section A

Public Petitions 28 January

Rural Development See Section A

Social Justice 29 January

Standards 29 January

Subordinate Legislation See Section A

Transport and Environment 22 January


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

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Scottish Parliament: Business Bulletin 12/2003

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