Document 1230

Scottish Parliament: Business Bulletin 29/2003

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.

Business Bulletin No. 29/2003
Thursday 13 February 2003

Contents

Announcements
Section A : Daily Business List
Section B : Business Programme
Section D : Oral Questions selected for answer on 20 February 2003
Section E : Written questions lodged on 12 February 2003
Section F : Motions and Amendments
Section G : Bills: Notices and Amendments
Section H : New Documents
Section I : Petitions lodged on 12 February 2003
Section K : Progress of Parliamentary Business



Business Bulletin No. 29/2003
Thursday 13 February 2003

Announcements


Building (Scotland) Bill

As previously announced, amendments for Stage 3 of the Building (Scotland) Bill may now be lodged with the clerks to the Transport and the Environment Committee, 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.

An announcement in Bulletin No.25/2003 (7 February) stated that the deadline for lodging Stage 3 amendments to the Building (Scotland) Bill was Friday 14 February (three days before the date then fixed for Stage 3, Wednesday 19 February). However, under the business programme agreed to by the Parliament yesterday, Stage 3 will now take place on Thursday 20 February. As a result, the deadline for lodging amendments is now 4.30 pm on Monday 17 February.



Business Bulletin No. 29/2003
Thursday 13 February 2003

Section A : Daily Business List


Meeting of the Parliament

9:30 am Justice 2 Committee Debate on its 4th Report 2003: Report on the Crown Office and Procurator Fiscal Service Inquiry—

S1M-3893 Pauline McNeill: Justice 2 Committee, Report on Crown Office and Procurator Fiscal Service Inquiry—That the Parliament notes the 4th Report 2003 of the Justice 2 Committee, Report on the Crown Office and Procurator Fiscal Service Inquiry (SP Paper 747), and agrees that progress in implementing the committee’s recommendations and the Crown Office and Procurator Fiscal Service’s programme of change should be kept under close review.

followed by Enterprise and Lifelong Learning Committee Debate on its 1st Report 2003: Report on the Future of Tourism in Scotland—

S1M-3869 Alex Neil on behalf of the Enterprise and Lifelong Learning Committee: Enterprise and Lifelong Learning Committee, Report on the Future of Tourism in Scotland—That the Parliament notes the 1st Report 2003 of the Enterprise and Lifelong Learning Committee, Report on the Future of Tourism in Scotland (SP Paper 740), and commends the report to all stakeholders in the tourism sector.

followed by, no

later than 1.00 pm Business Motion

2:30 pm Question Time

1. Kay Ullrich: To ask the Scottish Executive what plans it has to ensure that every local authority provides at least one course of swimming lessons to all pupils prior to their leaving primary school. (S1O-6409)

2. Pauline McNeill: To ask the Scottish Executive what plans it has to promote harmonisation of the terms and conditions of NHS ancillary workers. (S1O-6424)

3. Iain Smith: To ask the Scottish Executive what recent discussions it has had with Fife Council on improving the council’s record on recycling. (S1O-6421)

4. Donald Gorrie: To ask the Scottish Executive what plans it has to increase investment in building up locally based companies, especially in areas that have suffered from large job losses. (S1O-6438)

5. Nora Radcliffe: To ask the Scottish Executive what action it is taking to improve rail services around Aberdeen and the north-east. (S1O-6434)

6. Alex Johnstone: To ask the Scottish Executive what provision it has made to support the increased use of recycled aggregates. (S1O-6433)

7. Tommy Sheridan: To ask the Scottish Executive how many employees are officially low paid and what action it is taking to address the issue of poverty because of low pay. (S1O-6457)

8. Dr Sylvia Jackson: To ask the Scottish Executive what plans it has to support out-of-school care provisions. (S1O-6454)

9. Mr David Davidson: To ask the Scottish Executive what procedures it follows if a housing association becomes insolvent. (S1O-6412)

10. Tavish Scott: To ask the Scottish Executive when it last met representatives of the fishing industry and what matters were discussed. (S1O-6428)

11. Mr Duncan Hamilton: To ask the Scottish Executive when it last met the management of Caledonian MacBrayne and what issues were discussed. (S1O-6407)

12. Mr John Home Robertson: To ask the Scottish Executive what its policy is on promoting access for disabled people to public transport. (S1O-6430)

13. Mr Andrew Welsh: To ask the Scottish Executive what impact recent proposals from the European Commission on the Common Agricultural Policy will have on farming. (S1O-6432)

14. David Mundell: To ask the Scottish Executive what guidance it will issue to local authorities on how they should spend the funding being made available to them under the schools estate funding package. (S1O-6413)

15. Susan Deacon: To ask the Scottish Executive what progress has been made in developing a successor to the Individual Learning Account scheme and when a new scheme will be in place. (S1O-6415)

16. Phil Gallie: To ask the Scottish Executive what arrangements it has made to reduce the number of sea fishery officers as a result of the negotiated reduction in the size of the fishing fleet. (S1O-6410)

17. Mr Duncan McNeil: To ask the Scottish Executive what progress is being made in commencing transport projects in Inverclyde and, in particular, the replacement of the A78 West Station Bridge and construction of the Cloch Road End roundabout. (S1O-6426)

18. George Lyon: To ask the Scottish Executive what plans Argyll and Clyde NHS Board has to devolve management of the health service in its area. (S1O-6436)

19. Shona Robison: To ask the Scottish Executive what progress it is making in assessing the suitability of prescribing beta interferon and glatiramer acetate to people with multiple sclerosis. (S1O-6417)

20. Fergus Ewing: To ask the Scottish Executive whether membership of area tourist boards should not be made compulsory for tourist businesses. (S1O-6427)

21. Paul Martin: To ask the Scottish Executive what plans it has to raise educational attainment of pupils in the early stages of secondary education. (S1O-6444)

22. Alex Fergusson: To ask the Scottish Executive what progress is being made towards the implementation of the fallen stock scheme. R (S1O-6419)

23. Fiona Hyslop: To ask the Scottish Executive what research it is undertaking into the cumulative effects of open cast coal mining and landfill on communities. (S1O-6416)

24. Irene Oldfather: To ask the Scottish Executive how it will review existing mental health service provision. (S1O-6451)

25. Margaret Smith: To ask the Scottish Executive what discussions it has had with the Department for Transport following the extension of the consultation period on The Future Development of Air Transport in the United Kingdom, Scotland A National Consultation. (S1O-6406)

26. Miss Annabel Goldie: To ask the Scottish Executive whether Registers of Scotland has comprehensive data available in relation to house prices. (S1O-6453)

27. John Farquhar Munro: To ask the Scottish Executive what it is doing to protect tenant farmers in limited partnerships who have been served notice to quit before 4 February 2003. (S1O-6458)

28. Michael Russell: To ask the Scottish Executive what plans it has to change the present method of reporting on schools and their pupils’ attainment through league tables. (S1O-6411)

29. Mr Brian Monteith: To ask the Scottish Executive when the Minister for Health and Community Care will next meet representatives of Forth Valley NHS Board and what issues they will discuss. (S1O-6439)

30. Helen Eadie: To ask the Scottish Executive what measures it is taking to combat speeding on roads. (S1O-6448)

3:10 pm First Minister’s Question Time

1. Mr John Swinney: To ask the First Minister when he next plans to meet the Prime Minister and what issues he intends to raise. (S1F-2493)

2. David McLetchie: To ask the First Minister what issues will be discussed at the next meeting of the Scottish Executive’s Cabinet. (S1F-2507)

3. Dr Sylvia Jackson: To ask the First Minister what timescales have been set for the release of papers relating to the Central Scotland Police investigation of 1996 regarding Thomas Hamilton. (S1F-2512)

4. Michael Russell: To ask the First Minister what arrangements the police and other agencies are making to ensure that convicted or suspected criminals from Northern Ireland are prevented from continuing illegal and sectarian activity if they choose to take up residence in Scotland. (S1F-2492)

5. Robert Brown: To ask the First Minister what arrangements are in place for advance consultations on initiatives by Her Majesty’s Government that impact on Scotland. (S1F-2501)

6. Bill Butler: To ask the First Minister when the Scottish Executive’s policy paper on health will be published. (S1F-2511)

3:30 pm Stage 3 of the Budget (Scotland) (No.4) Bill—

S1M-3886 Mr Andy Kerr: Budget (Scotland) (No.4) Bill - Stage 3—That the Parliament agrees that the Budget (Scotland) (No.4) Bill be passed.

followed by Stage 1 Motion on Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill—

S1M-3680 Colin Boyd QC: Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill—That the Parliament agrees that the law which is restated in the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill should be restated.

followed by Parliamentary Bureau Motions

S1M-3891 Patricia Ferguson on behalf of the Parliamentary Bureau: Approval of SSI—That the Parliament agrees that the draft Child Support Appeals (Jurisdiction of Courts) (Scotland) Order 2003 be approved.

5:00 pm Decision Time

followed by Members’ Business

debate on the subject of—

S1M-3774 Robert Brown: Lead Pipes in Drinking Water Supplies—That the Parliament notes the continued presence of lead pipes in both parts of the Scottish Water infrastructure and many domestic and business water supplies; notes the serious health hazards associated with lead in drinking water; notes the implications for the treatment of water supplies by Scottish Water and the unreliable nature of information as to the location of such lead pipes, and considers that an urgent review of the issue is needed and that action should be taken to ensure the removal of all lead pipes from drinking water supplies in Scotland as soon as possible and, specifically, to tackle the removal of lead pipes in Glasgow’s older tenement areas.



Business Bulletin No. 29/2003
Thursday 13 February 2003

Section B : Business Programme


As agreed by the Parliament on 12 February 2003


Wednesday 19 February 2003

9:30 am Time for Reflection - Reverend Marion Dodd, Minister of Kelso Old and Sprouston, Jedburgh Presbytery

followed by Parliamentary Bureau Motions

followed by Executive Debate on Fisheries

11:30 am Stage 3 of Criminal Justice (Scotland) Bill

followed by Members’ Business - debate on the subject of S1M-3864 Brian Monteith: Location of a New Hospital for Forth Valley (for text of motion see S1M-3864 in Section F of Business Bulletin for Monday 10 February 2003)

2:00 pm Continuation of Stage 3 of Criminal Justice (Scotland) Bill

followed by Parliamentary Bureau Motions

7:00 pm Decision Time


Thursday 20 February 2003

9:30 am Business Motion

followed by Parliamentary Bureau Motions

followed by Continuation of Stage 3 of Criminal Justice (Scotland) Bill

followed by Stage 3 of Building (Scotland) Bill

2:30 pm Question Time (for text of questions see Section D)

3:10 pm First Minister's Question Time

3:30 pm Continuation of Stage 3 of Building (Scotland) Bill

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business – debate on the subject of S1M-3860 Mr Andrew Welsh: Arbroath CAFE Project (for text of motion see S1M-3860 in Section F of Business Bulletin for Monday 10 February 2003)


Wednesday 26 February 2003

9:30 am Time for Reflection

followed by Parliamentary Bureau Motions

followed by Scottish Conservative and Unionist Party Business

11:00 am Stage 3 of Title Conditions (Scotland) Bill

2:30 pm Continuation of Stage 3 of Title Conditions (Scotland) Bill

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business


Thursday 27 February 2003

9:30 am Stage 1 Debate on National Galleries of Scotland Bill

followed by Stage 1 Debate on Prostitution Tolerance Zones (Scotland) Bill

followed by Business Motion

2:30 pm Question Time

3:10 pm First Minister's Question Time

3:30 pm Executive Business

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business



Business Bulletin No. 29/2003
Thursday 13 February 2003

Section D : Oral Questions selected for answer on 20 February 2003


Question Time

1. Margo MacDonald: To ask the Scottish Executive what means of redress are available to taxi drivers whose passengers refuse to pay legitimately incurred fares. (S1O-6484)

2. Mary Scanlon: To ask the Scottish Executive what support is being given in order to ensure that Castle Tioram will remain an asset to tourism and culture. (S1O-6473)

3. Tavish Scott: To ask the Scottish Executive when it last met representatives of the aquaculture industry and what matters were discussed. (S1O-6468)

4. John Farquhar Munro: To ask the Scottish Executive what action it will take to maintain access routes in the light of any concerns of landowners in relation to liability for such routes. (S1O-6494)

5. Ian Jenkins: To ask the Scottish Executive what discussions it has had with Her Majesty’s Government about an Olympic bid and distributing planned events around the United Kingdom. (S1O-6495)

6. Brian Fitzpatrick: To ask the Scottish Executive how it will promote healthy living in schools. (S1O-6478)

7. Irene McGugan: To ask the Scottish Executive what factors will be taken into account in forthcoming decisions on the relocation of staff and offices of executive agencies and non-departmental public bodies. (S1O-6460)

8. Mr Tom McCabe: To ask the Scottish Executive how social inclusion partnerships are contributing to closing the opportunity gap. (S1O-6471)

9. Brian Adam: To ask the Scottish Executive what guidance it gives to local authorities and NHS boards on supporting the voluntary sector. (S1O-6464)

10. Mr John Home Robertson: To ask the Scottish Executive what progress has been made in reducing delayed discharges from hospitals. (S1O-6490)

11. Dennis Canavan: To ask the Scottish Executive what its estimate is of the number of NHS patients that will receive treatment in other countries. (S1O-6474)

12. Rhona Brankin: To ask the Scottish Executive when it will publish the results of its roads review. (S1O-6496)

13. Bristow Muldoon: To ask the Scottish Executive when it anticipates work will commence to reinstate the rail line from Bathgate to Airdrie. (S1O-6480)

14. Helen Eadie: To ask the Scottish Executive what plans it has to improve the provision of school meals. (S1O-6505)

15. Bill Butler: To ask the Scottish Executive what progress is being made with the integration of refugees and asylum seekers into communities. (S1O-6497)

16. Ms Sandra White: To ask the Scottish Executive how it will ensure that public buildings comply with the standard set for lead in the EC drinking water directive by December 2003. (S1O-6466)

17. Mr Brian Monteith: To ask the Scottish Executive when the Scottish Arts Council’s Youth Music Audit will be published and when it will respond to the report. (S1O-6493)

18. Cathie Craigie: To ask the Scottish Executive what progress it is making in promoting patients’ rights in the NHS. (S1O-6507)

19. Johann Lamont: To ask the Scottish Executive what action it is taking to support improvement of the urban environment. (S1O-6476)

20. Mrs Margaret Ewing: To ask the Scottish Executive what support it provides for the establishment of hospices. (S1O-6488)

21. Phil Gallie: To ask the Scottish Executive what reductions in decision-making powers it would experience if the current draft text of the new European constitution were adopted by the European Union. (S1O-6469)

22. Janis Hughes: To ask the Scottish Executive how it is promoting healthy eating. (S1O-6482)

23. Sarah Boyack: To ask the Scottish Executive what progress it is making in improving the provision of breakfast services to children, particularly in deprived areas. (S1O-6499)

24. Shona Robison: To ask the Scottish Executive what progress it has made towards introducing a licensing scheme for the vendors of fireworks. (S1O-6463)

25. Dr Sylvia Jackson: To ask the Scottish Executive what further action it will take to improve road safety on the A84 and A85 trunk roads. (S1O-6470)

26. Tommy Sheridan: To ask the Scottish Executive when it will decide in which city the new indoor football and sporting complex will be located. (S1O-6502)

27. Mr John McAllion: To ask the Scottish Executive when it last met Dundee City Council to discuss proposals for investment in city schools. (S1O-6467)

28. Christine Grahame: To ask the Scottish Executive what measures it has introduced to address any imbalance in the age of the population in the Scottish Borders. (S1O-6459)

29. Donald Gorrie: To ask the Scottish Executive what action it is taking to tackle prejudice and crime against asylum seekers. (S1O-6472)

30. Iain Smith: To ask the Scottish Executive what action it is taking to encourage greater voter participation in the elections in May 2003. (S1O-6481)



Business Bulletin No. 29/2003
Thursday 13 February 2003

Section E : Written questions lodged on 12 February 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-33952 Mr David Davidson: To ask the Presiding Officer what minimum notice periods must be complied with prior to surrendering the leases for the Church of Scotland Assembly Hall and other buildings in the parliamentary estate.

S1W-33953 Mr Kenny MacAskill: To ask the Scottish Executive which organisation is, or will be, implementing the requirements of the Disability Discrimination Act 1995 with regard to the provision of rail infrastructure; what funding has been allocated towards the cost of implementing such requirements; what action it plans to take on the matter, and what the timescale for any such action is.

S1W-33954 Mr Kenny MacAskill: To ask the Scottish Executive how many staff have been employed by VisitScotland and what the staff costs have been in each year since 1999, broken down by department and salary band.

S1W-33955 Mr Kenny MacAskill: To ask the Scottish Executive, further to the answer to question S1W-33304 by Lewis Macdonald on 5 February 2003, whether the figure of 1.4 million lorry miles removed from roads was an estimated figure; if so, on what basis the figure was calculated and what the actual number of miles removed from roads has been.

S1W-33956 Mr Kenny MacAskill: To ask the Scottish Executive how many staff (a) were recruited by and (b) left VisitScotland in each month since June 2002, broken down by department and salary band.

S1W-33957 Mr Kenny MacAskill: To ask the Scottish Executive what effect the recent announcements by the Strategic Rail Authority will have on the service provided currently, and due to be provided in the future, on the east coast main line.

S1W-33958 Mr Kenny MacAskill: To ask the Scottish Executive what effect the recent announcements by the Strategic Rail Authority (SRA) will have on any construction of rail links to Edinburgh and Glasgow airports; what funding the SRA has indicated that it will provide for such projects, and when any such funding will be made available.

S1W-33959 Mr Kenny MacAskill: To ask the Scottish Executive whether it will fund or support an action for judicial review against the Strategic Rail Authority in relation to its recent announcements on cuts in expenditure; if so, to what extent; which aspects of the decisions will be reviewed, and what the reasons are for its position on the matter.

S1W-33960 Mr Kenny MacAskill: To ask the Scottish Executive how much has been spent under the modern facilities at stations scheme, broken down by project and date of expenditure, since the inception of the scheme; how much remains to be spent, and what future projects are planned, broken down by date and cost.

S1W-33961 Alasdair Morgan: To ask the Scottish Executive whether it has called for a report into the circumstances in which a person on the sex offenders' register was employed at Castle Douglas swimming pool.

S1W-33962 Mrs Lyndsay McIntosh: To ask the Scottish Executive what research was undertaken to ensure best value in encouraging growth in the credit union and community banking movement.

S1W-33963 Michael Matheson: To ask the Scottish Executive what funding will be available for schemes funded by the Better Neighbourhood Services Fund when that fund ends.

S1W-33964 Michael Matheson: To ask the Scottish Executive in which performance quarters the maximum limit of 5% of contract price for performance revenue deductions, as referred to in the second paragraph of Schedule F to the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock, has been applied since operation of HM Prison Kilmarnock began and what the performance revenue deduction would have been in each case had there been no such maximum limit.

S1W-33965 Fergus Ewing: To ask the Presiding Officer, with regard to paragraph 20 of The 2001/02 Audit of the Scottish Parliamentary Corporate Body by the Auditor General for Scotland, in respect of which aspects of awarding and managing the Flour City Architectural Metals (UK) Ltd contract the Scottish Parliamentary Corporate Body did not obtain its own legal advice and what the reasons are for the position on this matter.

S1W-33966 Fergus Ewing: To ask the Presiding Officer, with regard to paragraph 22 of The 2001/02 Audit of the Scottish Parliamentary Corporate Body by the Auditor General for Scotland, why Holyrood project management did not obtain advice from the Parliament’s legal directorate prior to issuing the interim contracts to Flour City Architectural Metals (UK) Ltd.

S1W-33967 Fergus Ewing: To ask the Presiding Officer, with regard to paragraph 22 of The 2001/02 Audit of the Scottish Parliamentary Corporate Body by the Auditor General for Scotland, when the request for a parent company guarantee under the second interim contract issued to Flour City Architectural Metals (UK) Ltd in January 2001 was first made; what legal advice it has received about whether such a request could be made on demand, and why the request was not made at the outset.

S1W-33968 Fergus Ewing: To ask the Presiding Officer, with regard to paragraph 25 of The 2001/02 Audit of the Scottish Parliamentary Corporate Body by the Auditor General for Scotland, from whom Flour City Architectural Metals (UK) Ltd (FCAM) sought an advance payment of £2 million; who made the request on behalf of FCAM; by whom it was received on behalf of the construction managers, and whether the construction managers advised (a) any other member of the Holyrood project team, (b) the Holyrood Progress Group and (c) the Scottish Parliamentary Corporate Body that the request had been made and, if so, whether they did so before the second interim contract was awarded and on what date such information was first conveyed by the construction managers.

S1W-33969Δ Dr Sylvia Jackson: To ask the Scottish Executive what progress has been made in developing plans for an accessible online pollution inventory.

S1W-33970 Alex Neil: To ask the Scottish Executive how the mortality rates per 100,000 population from coronary heart disease in the (a) Hamilton North and Bellshill and (b) Kilmarnock and Loudoun parliamentary constituency compare with the Scottish average in each year from 1996 to 2001.

S1W-33971 Alex Neil: To ask the Scottish Executive how many sector skills councils are currently in place and how many will be in place by the end of (a) 2003, (b) 2004 and (c) 2005.

S1W-33972 Alex Neil: To ask the Scottish Executive what action is being taken in respect of employment sectors that are not covered by sectors skills councils.

S1W-33973 Alex Neil: To ask the Scottish Executive whether the Sector Skills Development Agency has the experience and expertise to provide the services previously provided by other bodies such as Sector Skills Alliance Scotland and, if not, how long it will take to develop the necessary expertise.

S1W-33974 Alex Neil: To ask the Scottish Executive what the targets are for installations under its central heating installation programme in the (a) Hamilton North and Bellshill and (b) Kilmarnock and Loudoun parliamentary constituency for (i) all households and (ii) pensioners’ homes.

S1W-33975 Alex Neil: To ask the Scottish Executive what measures have been taken to address any shortage of NHS dentists in the (a) Hamilton North and Bellshill and (b) Kilmarnock and Loudoun parliamentary constituency.

S1W-33976 Mr Keith Harding: To ask the Scottish Executive, further to the answer to question S1W-33579 by Ms Margaret Curran on 6 February 2003, how many empty local authority houses have been brought back into use under the Empty Homes Initiative.

S1W-33977 Mr Keith Harding: To ask the Scottish Executive what the costs were of printing, publishing and distributing The Scottish Executive’s Central Heating Programme and the Warm Deal: Annual Report 2001/02.

S1W-33978 Alex Neil: To ask the Scottish Executive how many people are employed in the construction industry under the modern apprenticeship scheme in the (a) Hamilton North and Bellshill and (b) Kilmarnock and Loudoun parliamentary constituency.

S1W-33979 Mr Keith Harding: To ask the Scottish Executive what plans it has to update its policy on planning agreements between developers and local authorities made under section 50 of the Town and Country Planning (Scotland) Act 1972 and set out in Scottish Office Development Department Circular 12/1996.

S1W-33980 Dr Sylvia Jackson: To ask the Scottish Executive what progress has been made in introducing regulations for the body-piercing industry.

S1W-33981 Dr Sylvia Jackson: To ask the Scottish Executive, further to the answer to question S1W-28163 by Ross Finnie on 30 August 2002, what action it is taking to reduce littering and flytipping.

S1W-33982 Jackie Baillie: To ask the Scottish Executive, further to the answer to question S1W-27797 by Iain Gray on 19 August 2002, when it will publish the feasibility study undertaken by Paisley Enterprise Research Centre on establishing a National Centre for Women’s Enterprise.

S1W-33983 Jackie Baillie: To ask the Scottish Executive, further to the answer to question S1W-27798 by Iain Gray on 19 August 2002, whether it will establish a national centre for women’s enterprise to promote new businesses run by women and disseminate best practice.

S1W-33984 Jackie Baillie: To ask the Scottish Executive whether it has had any input into the Department of Trade and Industry’s Women’s Enterprise Strategic Framework due to be published shortly and how it intends to respond to the recommendations in this report.

S1W-33985 Jackie Baillie: To ask the Scottish Executive whether it has a strategy for promoting businesses run by women.

S1W-33986 Jackie Baillie: To ask the Scottish Executive, further to the answer to question S1W-24446 by Ms Wendy Alexander on 16 April 2002, what percentage of microcredit loans for start-up businesses go to women.

S1W-33987 Jackie Baillie: To ask the Scottish Executive what action is being taken to tackle hate crime against people with learning disabilities.

S1W-33988 Jackie Baillie: To ask the Scottish Executive whether it is measuring the level and type of hate crime against people with learning disabilities and whether it has any performance targets in this area.

S1W-33989 Jackie Baillie: To ask the Scottish Executive whether police forces are receiving any specialised diversity and hate crime related training.

S1W-33990 Michael Matheson: To ask the Scottish Executive how many probationer police officers there have been in each police force in each of the last five financial years and in the current financial year to date.

S1W-33991 Dennis Canavan: To ask the Scottish Executive what efforts it is making to ensure that any future publication of school league tables or examination performance results gives a more detailed assessment of the relative performance of schools by including factors other than examination results.

S1W-33992 Michael Matheson: To ask the Scottish Executive, further to the answer to question S1W-33538 by Mr Jim Wallace on 7 February 2003, in how many cases a serious assault has occurred in HM Prison Kilmarnock but no performance points have accrued to the prison operators, showing for each such case whether (a) no charges were brought in relation to the assault, (b) charges were dropped by the prosecution or (c) no conviction was obtained despite prosecution.

S1W-33993Δ Kate Maclean: To ask the Scottish Executive when additional results from the 2001 Census will be published.

S1W-33994 Shona Robison: To ask the Scottish Executive whether it will wait until the implementation of the new EU bathing water directive in 2006 before it designates any further beaches as official bathing beaches.

S1W-33995 Shona Robison: To ask the Scottish Executive what plans it has to reconvene the Bathing Waters Review Panel to designate further beaches as official bathing beaches and what the reasons are for its position on this matter.

S1W-33996 Shona Robison: To ask the Scottish Executive whether Broughty Ferry beach is the best candidate for becoming a new designated bathing beach.

S1W-33997 Shona Robison: To ask the Scottish Executive what support it will give to assist Broughty Ferry beach in securing yellow flag status this year and what bearing being designated an officially designated bathing beach would have on securing such status.

S1W-33998 Alex Neil: To ask the Scottish Executive how many planning applications have been referred to its Inquiry Reporters Unit in each year since 1999 in the (a) Hamilton North and Bellshill and (b) Kilmarnock and Loudoun parliamentary constituency.

S1W-33999 Alex Neil: To ask the Scottish Executive, who or what body, will represent the collective interests of sectors skills councils.

S1W-34000 Alex Neil: To ask the Scottish Executive how many recorded convictions there have been for drug trafficking in the (a) Hamilton North and Bellshill and (b) Kilmarnock and Loudoun parliamentary constituency in each of the last five years.

S1W-34001 Alex Neil: To ask the Scottish Executive what support is available to cocaine and crack cocaine addicts in the (a) Hamilton North and Bellshill and (b) Kilmarnock and Loudoun parliamentary constituency.

S1W-34002 Alex Neil: To ask the Scottish Executive how many (a) households and (b) pensioners’ homes in postcode areas covering the (i) Hamilton North and Bellshill and (ii) Kilmarnock and Loudoun parliamentary constituency are estimated to be eligible for free central heating under its Central Heating Installation Programme.

S1W-34003 Alex Neil: To ask the Scottish Executive how many (a) households and (b) pensioners’ homes in postcode areas covering (i) Hamilton North and Bellshill and (ii) Kilmarnock and Loudoun parliamentary constituency have (1) benefited in 2001-02 and (2) are expected to benefit in 2002-03, 2003-04 and 2004-05 under its Central Heating Installation Programme.

S1W-34004 Alex Neil: To ask the Scottish Executive, further to the answer to question S1W-33400 by Des McNulty on 5 February 2003, how many of the planning permission appeals in each category were in the (a) Hamilton North and Bellshill and (b) Kilmarnock and Loudon parliamentary constituency.



Business Bulletin No. 29/2003
Thursday 13 February 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-3896 Pauline McNeill: Celtic Connections 10th Anniversary—That the Parliament congratulates the organisers of the Celtic Connections traditional music festival on achieving ten years of celebrating Celtic music and notes that this annual festival, that takes place in January each year, is now firmly established as Scotland's largest Celtic music event.

*S1M-3895 Ross Finnie: The Nitrate Vulnerable Zones (Grants) (Scotland) Scheme 2003 (SSI 2003/52)—That the Transport and the Environment Committee, in consideration of the Nitrate Vulnerable Zones (Grants) (Scotland) Scheme 2003, recommends that the instrument be approved.

Supported by: Allan Wilson*

S1M-3884 Recovery Package for the Fishing Industry (lodged on 11 February 2003) Bruce Crawford*, Fergus Ewing*, Linda Fabiani*, Mr Kenneth Gibson*, Roseanna Cunningham*

S1M-3883# Catholic Education Week - 16 to 23 February 2003 (lodged on 11 February 2003) Mr Michael McMahon*, Karen Whitefield*, Michael Matheson*, Mr Kenneth Macintosh*

S1M-3882 Pharmacy Services in Scotland (lodged on 10 February 2003) Kay Ullrich*, Michael Matheson*, Mr Gil Paterson*, Ms Sandra White*, Stewart Stevenson*, Shona Robison*, Tricia Marwick*, Richard Lochhead*, Mr Keith Harding*, Linda Fabiani*, Mr David Davidson*, Mrs Margaret Ewing*, Mr Adam Ingram*, Colin Campbell*

S1M-3881 Relocation of Forest Enterprise Headquarters (lodged on 10 February 2003) Kay Ullrich*, Michael Matheson*

S1M-3880 Scottish Economic Growth (lodged on 10 February 2003) Michael Matheson*

S1M-3877 Fife's Ice Safety Plan (lodged on 7 February 2003) Iain Smith*, Scott Barrie*

S1M-3876# Funding for Local Roads (lodged on 7 February 2003) Scott Barrie*

S1M-3874# The Scottish Fire Service (lodged on 7 February 2003) Trish Godman*, Brian Fitzpatrick*, Bristow Muldoon*, Margaret Jamieson*

S1M-3874.1 The Scottish Fire Service (lodged on 11 February 2003) Alex Neil*, Mr Kenneth Gibson*, Michael Matheson*, Linda Fabiani*

S1M-3870# Forest Enterprise - Location of HQ in Inverness (lodged on 6 February 2003) Robin Harper*

S1M-3869 Enterprise and Lifelong Learning Committee, Report on the Future of Tourism in Scotland (lodged on 6 February 2003) Miss Annabel Goldie*

S1M-3868 Paisley Threads (lodged on 6 February 2003) Trish Godman*, Scott Barrie*

S1M-3865 Closure of the Boots Factory in Airdrie (lodged on 6 February 2003) Robin Harper*

S1M-3864# Location of a New Hospital for Forth Valley (lodged on 6 February 2003) Alex Johnstone*

S1M-3860# Arbroath CAFE Project (lodged on 5 February 2003) Brian Adam*, Robert Brown*, Mr David Davidson*, Mr Kenneth Gibson*, Robin Harper*, Mr Jamie Stone*, Richard Lochhead*, Mr Kenny MacAskill*, Shona Robison*, Fiona Hyslop*, Mr John McAllion*

S1M-3859 National Asthma Campaign Scotland Manifesto, A Breath of Fresh Air (lodged on 5 February 2003) Iain Smith*, Scott Barrie*, Kay Ullrich*

S1M-3855 Scottish Fishing Services (lodged on 4 February 2003) Mr Kenny MacAskill*

S1M-3846 The Right to Vote for Women 75th Anniversary (lodged on 4 February 2003) Iain Smith*

S1M-3841 Chernobyl Children's Life Line (lodged on 3 February 2003) Scott Barrie*

S1M-3836# Scottish Trades Union Movement (lodged on 31 January 2003) Robin Harper*, Marilyn Livingstone*

S1M-3834# Scottish Input to the General Agreement on Trade in Services (lodged on 30 January 2003) Mr Kenny MacAskill*

S1M-3832# University of Edinburgh School of Informatics (lodged on 30 January 2003) Mr Kenny MacAskill*

S1M-3830# European Commission Directive on Food Supplements (lodged on 30 January 2003) Mr Jamie McGrigor*, Mr Kenny MacAskill*

S1M-3823 Scottish Fire Services (lodged on 29 January 2003) Dennis Canavan*



Business Bulletin No. 29/2003
Thursday 13 February 2003

Section G: Bills: Notices and Amendments


New Bills introduced or reprinted on 12 February 2003

Protection of Children (Scotland) Bill—The Bill was reprinted as passed (SP Bill 61B) (Executive Bill).

New amendments to Bills lodged on 12 February 2003

Criminal Justice (Scotland) Bill - Stage 3

Section 24

Mr Jim Wallace

Supported by: Hugh Henry


49 In section 24, page 21, leave out lines 16 to 38 and insert-

<(1) This section applies in respect of sentencing for offences committed after the coming into force of this section.

(1A) Where, in solemn proceedings, the court sentences a person to imprisonment or other detention, the court may-

(a) if the person is serving or is liable to serve the punishment part of a previous sentence, frame the sentence to take effect on the day after that part of that sentence is or would be due to expire; or

(b) if the person is serving or is liable to serve the punishment parts of two or more previous sentences, frame the sentence to take effect on the day after the later or (as the case may be) latest expiring of those parts is or would be due to expire.

(1B) Where, in such proceedings, it falls to the court to sentence a person who is subject to a previous sentence in respect of which a punishment part requires to be (but has not been) specified, the court shall not sentence the person until such time as the part is either specified or no longer requires to be specified.

(1C) Where the court sentences a person to a sentence of imprisonment or other detention for life, for an indeterminate period or without limit of time, the court may, if the person is serving or is liable to serve for any offence-

(a) a previous sentence of imprisonment or other detention the term of which is not treated as part of a single term under section 27(5) of the 1993 Act; or

(b) two or more previous sentences of imprisonment or other detention the terms of which are treated as a single term under that section of that Act,

frame the sentence to take effect on the day after the person would (but for the sentence so framed and disregarding any subsequent sentence) be entitled to be released under the provisions referred to in section 204A of this Act as respects the sentence or sentences.

(1D) Subsection (1C)(a) above shall not apply where the sentence is a sentence from which he has been released at any time under the provisions referred to in section 204A of this Act.

(1E) In this section, any reference to a punishment part of a sentence shall be construed by reference to-

(a) the punishment part of the sentence as is specified in an order mentioned in section 2(2) of the 1993 Act; or

(b) any part of the sentence which has effect, by virtue of section 10 of the 1993 Act or the schedule to the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), as if it were the punishment part so specified,

and "the 1993 Act" means the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9).>

Mr Jim Wallace

Supported by: Hugh Henry


50 In section 24, page 22, line 3, leave out from <("the> to end of line 7 and insert <for an offence committed after the coming into force of this subsection, the court may-

(a) if the person is serving or is liable to serve the punishment part of a previous sentence, frame the sentence to take effect on the day after that part of that sentence is or would be due to expire; or

(b) if the person is serving or is liable to serve the punishment parts of two or more previous sentences, frame the sentence to take effect on the day after the later or (as the case may be) latest expiring of those parts is or would be due to expire.

(7B) Where it falls to the court to sentence a person who is subject to a previous sentence in respect of which a punishment part requires to be (but has not been) specified, the court shall not sentence the person until such time as the part is either specified or no longer requires to be specified.

(7C) In subsections (7A) and (7B) above, any reference to a punishment part of a sentence shall be construed by reference to-

(a) the punishment part of the sentence as is specified in an order mentioned in section 2(2) of the 1993 Act; or

(b) any part of the sentence which has effect, by virtue of section 10 of the 1993 Act or the schedule to the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), as if it were the punishment part so specified,

and "the 1993 Act" means the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9).".>

Section 27

Mr Jim Wallace

Supported by: Hugh Henry


51 In section 27, page 24, line 7, after <serving> insert <or liable to serve>

Mr Jim Wallace

Supported by: Hugh Henry


52 In section 27, page 24, line 18, at end insert <; and

( ) in subsection (9), after the word "serving" there is inserted "or is liable to serve".>

After section 27

Mr Jim Wallace

Supported by: Hugh Henry


53 After section 27, insert-

<Release on licence: certain consecutive sentences

In section 1A (application to persons serving more than one sentence) of the 1993 Act-

(a) the existing words become subsection (1); and

(b) after that subsection there is added-

"(2) Where a prisoner who is serving any term of imprisonment receives a sentence of imprisonment or other detention for life, for an indeterminate period or without limit of time which is to take effect on the day after he would (but for the sentence so received) be entitled to be released from the term, nothing in this Part of this Act shall require-

(a) the Scottish Ministers to release him in respect of any such term unless and until they are required to release him in respect of the sentence so received; or

(b) the Scottish Ministers or the Parole Board to consider his release in respect of any such term unless and until the Scottish Ministers are or the Parole Board is required to consider his release, or the Scottish Ministers are required to release him, in respect of the sentence so received.".>

Section 29

Mr Jim Wallace

Supported by: Hugh Henry


54 In section 29, page 26, line 6, leave out from beginning to <abroad),> in line 8 and insert-

(1) In the Repatriation of Prisoners Act 1984 (c.47)-

(a) in subsection (9) of section 3 (transfer into the United Kingdom), the words "or section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993" and "or, as the case may be, Scotland" are repealed; and

(b) in the Schedule (operation of certain enactments in relation to the prisoner)-

(i) for paragraph 2>

Mr Jim Wallace

Supported by: Hugh Henry


55 In section 29, page 26, line 12, leave out <on or after 1st October 1997>

Mr Jim Wallace

Supported by: Hugh Henry


56 In section 29, page 26, line 33, at end insert <; and

(ii) paragraph 3 is repealed.

( ) Subsection (1)(b)(i) applies in relation to prisoners repatriated to Scotland on or after the coming into force of this section any of whose sentences in the country or territory from which they are transferred were imposed on or after 1st October 1993.

( ) In paragraph 1 of Schedule 6 (transitional provisions and savings) to the 1993 Act, in the definition of "new provisions", after the word "1997" there is inserted "and section 29 of the Criminal Justice (Scotland) Act 2003 (asp 00)".

( ) In paragraph 7 of Schedule 2 (repatriation of prisoners to the British Islands) to the Crime (Sentences) Act 1997 (c.43), in sub-paragraph (1), for the words from "for" to the end there is substituted "but before the commencement of section 29 of the Criminal Justice (Scotland) Act 2003 (asp 00)".>

After section 53A

Mr Jim Wallace

Supported by: Hugh Henry


57 After section 53A, insert-

<Bail and related matters

(1) The 1995 Act is amended as follows.

(2) In section 103 (appeal sittings)-

(a) after subsection (6) there is inserted-

"(6A) Where a judge acting under subsection (5)(c) above grants an application by an appellant to exercise that power in his favour, the prosecutor shall be entitled to have the application determined by the High Court."; and

(b) in subsection (7) for the words "and (6)" there is substituted ", (6) and (6A)".

(3) In section 105 (appeal against refusal of application), after subsection (4), there is inserted-

"(4A) An application by a convicted person for a determination by the High Court of a decision of a judge acting under section 103(5)(c) of this Act to refuse to admit him to bail shall be intimated by him immediately and in writing to the Crown Agent.".

(4) After section 105 there is inserted-

"105A Appeal against granting of application

(1) Where the prosecutor desires a determination by the High Court as mentioned in subsection (6A) of section 103 of this Act, he shall apply to the judge immediately after the power in subsection (5)(c) of that section is exercised in favour of the appellant.

(2) Where a judge acting under section 103(5)(c) of this Act has exercised that power in favour of the appellant but the prosecutor has made an application under subsection (1) above-

(a) the appellant shall not be liberated until the determination by the High Court; and

(b) that application by the prosecutor shall be heard not more than seven days after the making of the application,

and the Clerk of the Justiciary shall forward to the appellant the prescribed form for completion and return forthwith if he desires to be present at the hearing.

(3) At a hearing and determination as mentioned in subsection (2) above, if the appellant-

(a) is not legally represented, he may be present;

(b) is legally represented, he shall not be entitled to be present without leave of the court.

(4) If the appellant completes and returns the form mentioned in subsection (2) above indicating a desire to be present at the hearing, the form shall be deemed to be an application by the appellant for leave to be so present, and the Clerk of Justiciary, on receiving the form, shall take the necessary steps for placing the application before the court.

(5) If the application to be present is refused by the court, the Clerk of Justiciary shall notify the appellant; and if the application is granted, he shall notify the appellant and the Governor of the prison where the applicant is in custody and the Scottish Ministers.

(6) For the purposes of constituting a Court of Appeal, the judge who exercised the power in section 103(5)(c) of this Act in favour of the appellant may sit as a member of the court, and take part in determining the application of the prosecutor.".

(5) In section 112 (admission of appellant to bail)-

(a) in subsection (1) for "subsection (2)" there is inserted "subsections (2), (2A) and (9)";

(b) for subsection (2) there is substituted-

"(2) The High Court shall not admit a convicted person to bail under subsection (1) above unless-

(a) the application for bail-

(i) states reasons why it should be granted; and

(ii) where he is the appellant and has not lodged a note of appeal in accordance with section 110(1)(a) of this Act, sets out the proposed grounds of appeal; and

(b) the prosecutor has had an opportunity to be heard on the application.

(2A) Where-

(a) the convicted person is the appellant and has not lodged a note of appeal in accordance with section 110(1)(a) of this Act; or

(b) the Lord Advocate is the appellant,

the High Court shall not admit the convicted person to bail under subsection (1) above unless it considers there to be exceptional circumstances justifying admitting him to bail.";

(c) in subsection (6) for "subsection (7)" there is inserted "subsections (7) and (9)";

(d) in subsection (7)-

(i) the words from "the application" to the end become paragraph (a); and

(ii) after that paragraph there is inserted "and

(b) where the appeal relates to conviction on indictment, the prosecutor has had an opportunity to be heard on the application."; and

(e) after subsection (8) there is added-

"(9) An application for the purposes of subsection (1) or (6) above by a person convicted on indictment shall be-

(a) intimated by him immediately and in writing to the Crown Agent; and

(b) heard not less than seven days after the date of that intimation.".>

Mr Jim Wallace

Supported by: Hugh Henry


58 After section 53A, insert-

<Adjournment of case before sentence

In section 201 (power of court to adjourn case before sentence) of the 1995 Act, in subsection (3), for the words from "exceeding" to the end there is substituted "exceeding four weeks or, on cause shown, eight weeks.".>

Section 56

Mr Jim Wallace

Supported by: Hugh Henry


59 In section 56, page 57, line 10, at end insert-

<( ) in subsection (5), after paragraph (h) there is added-

"(i) an assessment, investigation or review by an adoption agency or local authority as to the suitability of a person, whether or not the person in respect of whom the certificate is sought, to adopt a child (this paragraph being construed in accordance with sections 1(3A) and (4) and 65(1) of the Adoption (Scotland) Act 1978 (c.28) and as if it were one of the provisions of that Act listed in the definition of "adoption agency" in the said section 65(1))";>

Mr Jim Wallace

Supported by: Hugh Henry


60 In section 56, page 57, line 31, at end insert-

<(6EA) This subsection applies to an individual appointed or seeking appointment-

(a) as one of Her Majesty's inspectors (as defined by section 135(1) of the Education (Scotland) Act 1980 (c.44)); or

(b) by the Scottish Ministers, for the purposes of section 66 of that Act of 1980 (inspection of educational establishments) or of section 9 of the Standards in Scotland's Schools etc. Act 2000 (asp 6) (inspection of education authority).>

Mr Jim Wallace

Supported by: Hugh Henry


61 In section 56, page 58, line 6, leave out from <procurator> to <officer> in line 7 and insert <prosecutor, as defined by section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46), or as an officer to assist a prosecutor>

Mr Jim Wallace

Supported by: Hugh Henry


62 In section 56, page 59, line 2, leave out from <in> to <person> in line 6 and insert <by-

(i) a body corporate or unincorporate; or

(ii) a person appointed to an office by virtue of an enactment,

whether that body or person is registered or applying to be registered, of an individual to act for it or, as the case may be, him>

Mr Jim Wallace

Supported by: Hugh Henry


63 In section 56, page 59, leave out lines 8 to 10

Section 57

Scott Barrie

Supported by: Hugh Henry


64 In section 57, page 61, line 6, at end insert-

<( ) In subsection (1) of section 27 (which requires local authorities, among other things, to provide advice, guidance and assistance for persons in their area who are subject to supervision or treatment by virtue of a court order, enactment or licence or of a referral to a local authority in the absence of prosecution, who are subject to a community service or probation order or who are released from detention), after paragraph (ab) there is inserted-

"(ac) the provision of advice, guidance and assistance for persons who are in prison or subject to any other form of detention and who-

(i) resided in their area immediately prior to such imprisonment or detention; or

(ii) intend to reside in their area on release from such imprisonment or detention,

and who on release from such imprisonment or detention, it appears to the local authority, will be required to be under supervision under any enactment or by the terms of an order or licence of the Scottish Ministers or of a condition or requirement imposed in pursuance of an enactment;".

( ) After that subsection there is inserted-

"(1A) A local authority may provide advice, guidance or assistance for any person who-

(a) would fall to be provided for under paragraph (ac) of subsection (1) above but for the fact that it appears to the local authority that he will not be required to be under any form of supervision on release as mentioned in that paragraph; and

(b) requests such advice, guidance or assistance.

(1B) Where as respects any person more than one local authority is required by paragraph (ac) of subsection (1) to make such provision as is mentioned in that paragraph, they may agree between themselves that only one of them shall do so; and where there is such agreement the paragraph shall apply accordingly.".>

Mr Jim Wallace

Supported by: Hugh Henry


65 In section 57, page 61, line 7, leave out from <section> to <detention),> in line 11 and insert <that section>

Mr Jim Wallace

Supported by: Hugh Henry


66 In section 57, page 61, line 16, leave out from <persons> to end of line 18 and insert <any person (and in particular to any person who appears to the local authority to have dependency problems)>

Mr Jim Wallace

Supported by: Hugh Henry


67 In section 57, page 61, line 19, at beginning insert <who is>

Mr Jim Wallace

Supported by: Hugh Henry


68 In section 57, page 61, line 19, after <area,> insert <but only>

Mr Jim Wallace

Supported by: Hugh Henry


69 In section 57, page 61, line 22, leave out from <during> to end of line and insert <but only during the period of deferment and while that person is in their area.>

Mr Jim Wallace

Supported by: Hugh Henry


70 In section 57, page 61, line 22, at end insert-

<(1A) The function mentioned in subsection (1)(a) above may continue to be exercised by the local authority while the person is in their area for a period not exceeding 12 months from the date of his release from police custody.>

Section 61

Mr Jim Wallace

Supported by: Hugh Henry


71 In section 61, page 64, line 13, leave out from <there> to the end of line 14 and insert <the existing words from "employ" to the end become paragraph (a) and after that paragraph there is inserted the word "; or" and the following paragraph-

"(b) appoint for such purposes as such officers persons provided under a contract for services entered into by the authority with some other person";>

Mr Jim Wallace

Supported by: Hugh Henry


72 In section 61, page 64, line 17, after <employed> insert <or appointed>

Mr Jim Wallace

Supported by: Hugh Henry


73 In section 61, page 64, line 27, at end insert <; except that no officer provided as is mentioned in subsection (1)(b) above shall have those powers and duties in the premises of any court or in land connected with such premises.>

After section 61

Dennis Canavan


74 After section 61, insert-

<Use of firearms etc. by police forces

Any enactment or rule of law permitting a constable to use reasonable force shall permit the use of firearms, less lethal alternatives to firearms (including baton guns) and aerosol incapacitants (including CS gas sprays) only to such extent and in such circumstances as may be specified in regulations made by the Scottish Ministers.>

Paul Martin


75 After section 61, insert-

<Assaults on members of fire brigades or emergency medical personnel etc.

(1) Any person who assaults, resists, obstructs, molests or hinders a member of the fire brigade or a member of any emergency medical service (including a member of the crew of an ambulance or a paramedic) in the execution of their duty shall be guilty of an offence and on summary conviction shall be liable-

(a) where the person has not, within the period of two years immediately preceding the commission of the said offence, been convicted of an offence under this section, to a fine not exceeding level 4 on the standard scale, to imprisonment for a period not exceeding three months, or to both;

(b) where the person has, within the period first mentioned in paragraph (a), been convicted of an offence under this section, to imprisonment for a period not exceeding nine months, to a fine not exceeding the prescribed sum within the meaning of section 225(8) of the 1995 Act, or to both.

(2) In subsection (1) above "person" does not include a person who is receiving the assistance of the fire brigade or of the emergency medical service.>

Bill Aitken


76 After section 61, insert-

<Assaults etc. on constables: provision of blood samples

(1) Where a constable has, in the course of duty, been assaulted or otherwise come into contact with another person's blood or body fluids, a constable may require that person, either at that time or subsequently, to provide a specimen of blood for the purpose of determining whether the constable has as a result of the assault or contact been exposed to infection.

(2) A person who, without reasonable excuse, fails to provide a specimen when required to do so under subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale or to imprisonment for a period not exceeding 28 days.>

Section 69

Dennis Canavan


77 In section 69, page 71, line 14, at beginning insert <or regulations under section (Use of firearms etc. by police forces)>



Council of the Law Society of Scotland Bill - Stage 2

Section 1

David McLetchie

1 In section 1, page 1, line 26, leave out from <function> to the end of line 6 on page 2 and insert <of the following functions of the Council to be discharged by an individual -

(a) under section 42A(1) or (2), or under section 33(1) of the 1990 Act, the functions of determining-

(i) whether to uphold or dismiss a conduct complaint (within the meaning of the said section 33(1)); and

(ii) what action to take in the matter; and

(b) under section 20(1) or (2) of the 1990 Act, the functions of determining-

(i) whether any of paragraphs (a) to (d) of the said section 20(1) apply to the practitioner; and

(ii) what action to take in the matter.>

David McLetchie

2 In section 1, page 2, line 26, after <Act> insert <or any other enactment>

David McLetchie

3 In section 1, page 2, line 31, at end insert-

<(12) During any period before-

(a) paragraph 14(6) of schedule 4 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 00) comes into force, subsection (5) applies as if paragraph (b) were omitted;

(b) section 12(c) of that Act comes into force, subsection (5) applies as if for the words "the 1990 Act" there were substituted "the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40)".>



Business Bulletin No. 29/2003
Thursday 13 February 2003

Section H : New Documents


Subordinate Legislation

Affirmative Instruments

The following instrument was laid in draft before the Parliament on 12 February 2003 for approval by resolution

The General Commissioners of Income Tax (Expenses) (Scotland) Regulations 2003

laid under section 2A(5) of the Taxes Management Act 1970

Other Documents

The following document was laid before the Parliament on 12 February 2003 and is not subject to any Parliamentary procedure

Enterprise and Lifelong Learning Committee Report on Lifelong Learning: Response by the Scottish Executive (SE/2003/64)

Committee Reports

The following Reports are being published on 13 February 2003—

Local Government Committee, 5th Report 2003: Stage 1 report on the Prostitution Tolerance Zones (Scotland) Bill (SP Paper 770)

Local Government Committee, 6th Report 2003: Report on Subordinate Legislation (SP Paper 771)

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. 29/2003
Thursday 13 February 2003

Section I : Petitions lodged on 12 February 2003


The following Petition was lodged with the Parliament on 12 February 2003—

PE606 Petition by Mrs Katherine Smith, calling for the Scottish Parliament to take the necessary steps to improve the transparency and accountability of and accessibility to the complaints procedures of the Law Society of Scotland.




Business Bulletin No. 29/2003
Thursday 13 February 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 completed 4 February

Budget (Scotland) (No.4) Bill

Stage 3 (debate, meeting of Parliament) 13 February

Building (Scotland) Bill

Stage 3 (debate, meeting of Parliament) 20 February

Commissioner for Children and Young People (Scotland) Bill

Stage 2 completed 4 February

Council of the Law Society of Scotland Bill

Stage 2 (Justice 1 Committee) 18 February

Criminal Justice (Scotland) Bill

Stage 3 Day 1 (debate, meeting of Parliament) 19 February

Stage 3 Day 2 (debate, meeting of Parliament) 20 February

Dog Fouling (Scotland) Bill

Stage 2 completed 28 January

Gaelic Language (Scotland) Bill

Stage 1 (Education, Culture and Sport Committee) 18 February

Homelessness etc. (Scotland) Bill

Stage 2 completed 15 January

Land Reform (Scotland) Bill

Passed 23 January

Mental Health (Scotland) Bill

Stage 2 (Day 9, Health and Community Care Committee) 18 February

National Galleries of Scotland Bill

Preliminary Stage (National Galleries of Scotland Bill Committee) 19 February

Prostitution Tolerance Zones (Scotland) Bill

Stage 1 Report published (Local Government Committee) 13 February

Protection of Children (Scotland) Bill

Passed 12 February

Public Appointments and Public Bodies etc. (Scotland) Bill

Passed 5 February

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 (motion, meeting of Parliament) 13 February

Title Conditions (Scotland) Bill

Stage 2 completed 14 January

Water Environment and Water Services (Scotland) Bill

Passed 29 January

Subordinate legislation in progress

(date of laying) (Lead Committee)

Affirmative Instruments

Subject to approval by resolution by 25 February 2003

Draft Child Support Appeals (Jurisdiction of Courts) (Scotland) Order 2003 (17 January 2003) (Justice 2)

Subject to approval by resolution by 2 March 2003

Special Grant Report No.1: Special Grant for Scotland Asylum Seeker Assistance – Report by Scottish Ministers (SE/2003/15) (22 January 2003) (Local Government)

Subject to approval by resolution by 9 March 2003

The draft Housing Support Grant (Scotland) Order 2003 (29 January 2003) (Social Justice)

The draft Ethical Standards in Public Life etc. (Scotland) Act 2000 (Modification of Enactments) Order 2003 (29 January 2003) (Local Government)

Subject to approval by resolution by 10 March 2003

The draft Regulation of Investigatory Powers (Covert Surveillance – Code of Practice) (Scotland) Order 2003 (30 January 2003) (Justice 2)

The draft Regulation of Investigatory Powers (Covert Human Intelligence Sources – Code of Practice) (Scotland) Order 2003 (30 January 2003) (Justice 2)

The draft Members of the Parole Board (Removal Tribunal) Regulations 2003 (30 January 2003) (Justice 2)

The draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2003 (30 January 2003) (Justice 1)

The draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2003 (30 January 2003) (Justice 1)

The draft Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (30 January 2003) (Justice 1)

The Nitrate Vulnerable Zones (Grants) (Scotland) Scheme 2003 (SSI 2003/52) (30 January 2003) (Transport and the Environment)

Subject to approval by resolution by 17 March 2003

The draft Budget (Scotland) Act 2002 Amendment Order 2003 (6 February 2003) (Finance)

The draft Non-Domestic Rating (Petrol Filling Stations, Public Houses and Hotels) (Scotland) Order 2003 (6 February 2003) (Local Government)

The draft Water Undertakings (Rateable Values) (Scotland) Order 2003 (6 February 2003) (Local Government)

Subject to approval by resolution by 22 March 2003

The draft SFGS Farmland Premium Scheme 2003 (11 February 2003)

Subject to approval by resolution by 23 March 2003

The draft General Commissioners of Income Tax (Expenses) (Scotland) Regulations 2003 (12 February 2003)

Negative Instruments

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 25 February 2003

The Police and Police (Special Constables) (Scotland) Amendment Regulations 2003 (SSI 2003/21) (17 January 2003) (Justice 2)

Subject to annulment by 3 March 2003

The Tobacco Advertising and Promotion (Sponsorship Transitional Provisions) (Scotland) Regulations 2003 (SSI 2003/34) (23 January 2003) (Health and Community Care)

Subject to annulment by 10 March 2003

The Civil Legal Aid (Scotland) Amendment Regulations 2003 (SSI 2003/49) (30 January 2003) (Justice 1)

The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment (No.2) Order 2003 (SSI 2003/50) (30 January 2003) (Justice 2)

The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003 (SSI 2003/51) (30 January 2003) (Transport and the Environment)

Subject to annulment by 11 March 2003

The Animal By-Products (Identification) Amendment (Scotland) Regulations 2003 (SSI 2003/53) (31 January 2003) (Health and Community Care)

Subject to annulment by 15 March 2003

The Housing Revenue Account General Fund Contribution Limits (Scotland) Order 2003 (SSI 2003/54) (4 February 2003) (Social Justice)

The Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2003 (SSI 2003/56) (4 February 2003) (Rural Development)

Subject to annulment by 17 March 2003

The Community Care and Health (Scotland) Act 2002 (Transitional Provisions) Order 2003 (SSI 2003/63) (6 February 2003) (Health and Community Care)

The National Health Service (General Medical Services Supplementary Lists) (Scotland) Regulations 2003 (SSI 2003/64) (6 February 2003) (Health and Community Care)

The Domestic Water and Sewerage Charges (Reduction) (Scotland) Regulations 2003 (SSI 2003/65) (6 February 2003) (Transport and the Environment)

The Sea Fishing (Restriction on Days at Sea) (Scotland) Amendment Order 2003 (SSI 2003/66) (6 February 2003) (Rural Development)

Subject to annulment by 18 March 2003

The National Health Service Superannuation Scheme (Scotland) Amendment Regulations 2003 (SSI 2003/55) (7 February 2003) The Registration of Foreign Adoptions (Scotland) Regulations 2003 (SSI 2003/67) (7 February 2003)

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2003 (SSI 2003/69) (7 February 2003)

The Road Traffic (Permitted Parking Area and Special Parking Area) (Aberdeen City Council) Designation Order 2003 (SSI 2003/70) (7 February 2003) (Transport and the Environment)

The Road Traffic (Parking Adjudicators) (Aberdeen City Council) Regulations 2003 (SSI 2003/71) (7 February 2003) (Transport and the Environment)

The Parking Attendants (Wearing of Uniforms) (Aberdeen City Council Parking Area) Regulations 2003 (SSI 2003/72) (7 February 2003) (Transport and the Environment)

The Taxi Drivers’ Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2002 (SSI 2003/73) (7 February 2003) (Local Government)

Subject to annulment by 21 March 2003

The Schools (Scotland) Code Amendment Regulations 2003 (SSI 2003/75) (10 February 2003)


Committee Business

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

Audit 18 February

Education, Culture and Sport 18 February

Enterprise and Lifelong Learning 25 February

Equal Opportunities 25 February

European 4 March

Finance 25 February

Health and Community Care 18 February

Justice 1 18 February

Justice 2 18 February

Local Government 25 February

National Galleries of Scotland Bill 19 February

Procedures 25 February

Public Petitions 25 February

Robin Rigg Offshore Wind Farm (Navigation and Fishing)(Scotland) Bill 24 February

Rural Development 18 February

Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill 25 February

Social Justice 18 February

Standards No date established

Subordinate Legislation 18 February

Transport and Environment 18 February


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

Information about Document 1230

Scottish Parliament: Business Bulletin 29/2003