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Journal of the Scottish Parliament Volume 1: 1st Parliamentary Year, Session 3 (9 May 2007 – 8 May 2008) SPJ 3.1 Foreword The Journal is the central, long-term, authoritative record of what the Parliament has done. The Minutes of Proceedings, which are produced for each meeting of the Parliament, do that in an immediate way, while the Journal presents essentially the same material but has the benefit of hindsight to allow any errors and infelicities of presentation to be corrected. Unlike the Official Report, which primarily records what is said, the Minutes of Proceedings, and in the longer term the Journal, provide the authoritative record of what was done. The Journal is required under Rule 16.3 of Standing Orders and contains, in addition to the Minutes of Proceedings themselves, notice of any Bill introduced*, notice of any instrument or draft instrument or any other document laid before the Parliament; notice of any report of a committee, and any other matter that the Parliament, on a motion of the Parliamentary Bureau, considers should be included. (* The requirement to include notice of Bills introduced was only added to Rule 16.3 in January 2003. However, such notices have in practice been recorded in the Annex to the Minutes of Proceedings from the outset.) Note: (DT), which appears throughout the Journal, signifies a decision taken at Decision Time. Chamber Office Directorate of Clerking and Reporting Journal of the Scottish Parliament Volume 1: 1st Parliamentary Year, Session 3 (9 May 2007 – 3 May 2008) Contents Page Journal ……………………………………………………………………..………. 1 Annex A Bills introduced ……………………………………………………….…………. 266 Annex B Subordinate legislation— 1. Affirmative instruments ……………………………………………….. 269 2. Negative instruments …………………………………………………. 274 3. Instruments not subject to any parliamentary procedure ……..……295 4. Legislative consent memoranda …………………………..………….295 Annex C Other documents ………….……………………………………………………..297 Annex D SPCB papers ……………………………………………………………………. 331 Annex E Committee reports ………………………………..…………………………….. 332 Journal Index ……………………………………………………………………339 Index to Annexes B, C, D and E ……………………………………………. 358 No. 1 Wednesday 9 May 2007 The meeting opened at 9.30 am. 1. Oaths and Affirmations: The following members took the oath of allegiance or made their solemn affirmation before the Clerk— Oath Affirmation Alexander Elliot Anderson Salmond Jack Wilson McConnell Annabel MacNicoll Goldie Robin Charles Moreton Harper Nicol Stephen Brian James Adam Bashir Ahmad Claire Baker William Mackie Aitken Sarah Herriot Boyack Wendy Alexander Rhona Margaret Brankin Alasdair James Allan Keith Brown Jacqueline Marie Baillie Robert Edward Brown Richard James Baker William Gerard Butler Edward Brocklebank Malcolm George Richardson Chisholm Gavin Lindberg Brown Bruce Robert Hardie Crawford Derek Scott Brownlee Roseanna Cunningham Aileen Campbell Nigel Anderson Don Jackson Carlaw Bob Doris Angela Constance Linda Fabiani Catherine Craigie Joe FitzPatrick Margaret Patricia Curran George Foulkes Helen Stirling Eadie Kenneth James Gibson Fergus Stewart Ewing Robert McKay Gibson Patricia Josephine Ferguson Marlyn Laing Glen Alexander Charles Onslow Fergusson Charles Gordon James Ross Finnie Christine Grahame Murdo Fraser Patrick Harvie Karen MacDonald Gillon Jamie Douglas Hepburn Patricia Godman Fiona Jane Hyslop Rhoda Grant Adam Hamilton Ingram Iain Cumming Gray Catherine Mary Jamieson Christopher Thomas Harvie Bill Kidd Hugh Henry Johann MacDougall Lamont Jim Hume Richard Neilson Lochhead Alexander Johnstone Kenneth Wright MacAskill James Kelly Alison McInnes Andrew Palmer Kerr Ian Hume McKee John Robert Lamont Christina McKelvie Marilyn Margaret Livingstone Michael McMahon Liam Scott McArthur Stuart McMillan Francis McAveety Tricia Marwick Thomas McCabe William Coffey Lewis Macdonald James Stuart Mather Margo MacDonald Michael Stephen Matheson 1 James Angus Roderick Neil McGrigor William Stewart Maxwell Kenneth Donald Macintosh Alasdair Neil Morgan David William McLetchie Hugh O’Donnell Duncan McNeil John Park Pauline Mary McNeill Catherine Campbell Peattie Desmond McNulty Jeremy Purvis Paul Martin Shona Robison Nanette Margaret Milne Iain William Smith Janet Margaret Mitchell Nicola Sturgeon Margaret Mary Mulligan Stefan Tymkewycz John Farquhar Munro Andrew Paton Welsh Elaine Kildare Murray Sandra White Alexander Neil Bill Wilson Irene Oldfather John Gordon Wilson Gil Paterson Peter James Peacock Michael Stanley Robert Pringle Michael John Rumbles Michael William Russell Mary Elizabeth Scanlon John Scott Tavish Hamilton Scott Richard Simpson Elaine Agnes Smith Elizabeth Jane Smith Margaret Joy Smith Stewart Stevenson David John Stewart Jamie Hume Stone John Ramsay Swinney David George Thompson James Tolson Maureen Elizabeth Watt Karen Whitefield David Forbes Whitton 2. Motion without Notice: Alasdair Morgan, on behalf of the Parliamentary Bureau, moved without notice that S3M-1 be taken at this meeting of Parliament. The motion was agreed to. 3. Rule 8.16: Alasdair Morgan, on behalf of the Parliamentary Bureau, moved S3M-1—That the Parliament agrees that, for the purposes of electing a Presiding Officer and two Deputy Presiding Officers, the third sentence of Rule 8.16 of Standing Orders be suspended and that under Rule 8.16 thus varied, this meeting of the Parliament be adjourned until 3.00 pm on Monday 14 May 2007. 2 The motion was agreed to. The meeting was adjourned at 12.07 pm. The meeting was recommenced at 3.00 pm on Monday 14 May 2007. 4. Election of Presiding Officer: The following members were nominated as candidates for appointment as Presiding Officer— Alex Fergusson Margo MacDonald The result of the first round of voting was— Alex Fergusson 108 Margo MacDonald 20 Abstentions 0 Spoilt papers 0 Alex Fergusson was duly elected as Presiding Officer. 5. Election of Deputy Presiding Officers: The following members were nominated as candidates for appointment as Deputy Presiding Officer— Trish Godman Alasdair Morgan Margaret Smith Jamie Stone The result of the first round of voting was— Trish Godman 47 Alasdair Morgan 55 Margaret Smith 12 Jamie Stone 8 Abstentions 1 Spoilt papers 4 Accordingly, Jamie Stone was eliminated at that round and a second round of voting was held. The result of that round of voting was— Trish Godman 49 Alasdair Morgan 61 Margaret Smith 16 Abstentions 0 Spoilt papers 1 Accordingly, Margaret Smith was eliminated at that round and a third round of voting was held. The result of that round of voting was— 3 Trish Godman 49 Alasdair Morgan 77 Abstentions 0 Spoilt papers 0 Alasdair Morgan was duly elected as a Deputy Presiding Officer. The candidates in the election for the second Deputy Presiding Officer were— Trish Godman Margaret Smith Jamie Stone The result of the first round of voting in that election was— Trish Godman 69 Margaret Smith 48 Jamie Stone 8 Abstentions 0 Spoilt papers 1 Trish Godman was duly elected as a Deputy Presiding Officer. The meeting closed at 5.22 pm. 4 No.2 Wednesday 16 May 2007 The meeting opened at 10.00 am. 1. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-14—That the Parliament agrees— (a) the following programme of business— Wednesday 16 May 2007 10.00 am Business Motion followed by Selection of the Parliament’s nominee for First Minister Thursday 17 May 2007 11.15 am First Minister's Motion to appoint Scottish Ministers followed by First Minister's Motion to appoint Junior Scottish Ministers (b) that the period for lodging First Minister’s Questions for First Minister’s Question Time on 31 May 2007 should end at 4.00 pm on Thursday 24 May; (c) that the period for Members to submit their names for selection for General Question Time on 31 May 2007 should end at 4.00 pm on Thursday 17 May; and (d) that the period for Members to submit their names for selection for General and Themed Question Times on 7 June 2007 should end at 4.00 pm on Thursday 24 May. The motion was agreed to. 2. First Minister: The following members were nominated as candidates for appointment as First Minister— Annabel Goldie Jack McConnell Alex Salmond Nicol Stephen The result of the first round of voting was— Annabel Goldie 16 Jack McConnell 46 Alex Salmond 49 Nicol Stephen 16 Abstentions 1 Spoilt papers 0 5 Accordingly, Annabel Goldie and Nicol Stephen were eliminated at that round and a second round of voting was held. The result of that round of voting was— Jack McConnell 46 Alex Salmond 49 Abstentions 33 Spoilt papers 0 Alex Salmond was duly selected as nominee for appointment as First Minister. The meeting closed at 11.23 am. 6 No. 3 Thursday 17 May 2007 The meeting opened at 11.15 am. 1. Appointment of Ministers: The First Minister moved S3M-26—That the Parliament agrees that Nicola Sturgeon, John Swinney, Kenny MacAskill, Fiona Hyslop and Richard Lochhead be appointed as Ministers. Murdo Fraser moved amendment S3M-26.2 to motion S3M-26— Leave out “and Richard Lochhead”. With the agreement of the Parliament, amendment S3M-26.2 was withdrawn. Tavish Scott moved amendment S3M-26.1 to motion S3M-26— Leave out “John Swinney”. After debate, the amendment was disagreed to ((DT) by division: For 1, Against 49, Abstentions 73). The motion was then agreed to ((DT) by division: For 49, Against 0, Abstentions 75). 2. Appointment of Junior Scottish Ministers: The First Minister moved S3M-27—That the Parliament agrees that Bruce Crawford, Linda Fabiani, Jim Mather, Stewart Stevenson, Maureen Watt, Adam Ingram, Shona Robison, Stewart Maxwell, Fergus Ewing
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