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Journal of the Scottish Parliament Volume 1: 1st Parliamentary Year, Session 4 (11 May 2011 – 10 May 2012) SPJ 4.1 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 Journal of the Scottish Parliament Volume 1: 1st Parliamentary Year, Session 4 (11 May 2011 – 10 May 2012) Contents Page Journal ………………………………………………………………………………1 Annex A Bills Introduced …………………………………………………………..………248 Annex B Subordinate Legislation— 1. Affirmative Instruments…………………………………………………252 2. Negative Instruments …………………………………………………..256 3. Laid only instruments …………………………………………………..269 4. Instrument subject to approval ………….…………………………….276 5. Instruments subject to consultation.....….…………………………….276 6. Legislative Consent Memoranda …………………………………….. 277 7. Public Body Consent Memoranda …………………………………….278 Annex C Other Documents 1. Documents subject to parliamentary procedure .……………….…..279 2. Document subject to the affirmative procedure ……………………..279 3. Documents subject to consultation ...…………………………………279 4. Documents not subject to parliamentary procedure ………………..280 Annex D Committee Reports ………………………………………………………………309 Journal Index ..............................................................................................318 Index to Annexes B, C and D……………………………………………..…. 337 Vol. 1, No. 1 Session 4 Wednesday 11 May 2011 The meeting opened at 9.30am. 1. Oaths and Affirmations: The following members took the oath of allegiance or made their solemn affirmation before the Clerk— Oath Affirmation Alexander Charles Onlsow Fergusson Patrick Harvie Alexander Elliot Anderson Salmond Brian James Adam Iain Cumming Gray Claire Josephine Baker Annabel MacNicoll Goldie Claudia Hamilton Beamish Tavish Hamilton Scott Marco Biagi George James Adam Neil James Bibby Clare Adamson Sarah Boyack Alasdair James Allan Margaret Jean Burgess Jacqueline Marie Baillie William Lynch Coffey Richard James Baker Robert Hardie Bruce Crawford Colin Beattie Roseanna Cunningham Charles Gilchrist Brodie Graeme James Dey Gavin Lindberg Brown Nigel Anderson Don Keith James Brown James Dornan Aileen Elizabeth Campbell Kezia Alexandra Ross Dugdale Roderick Alexander McRobie Linda Fabiani Campbell Mary Fee David Jackson Carlaw Joseph Martin FitzPatrick Malcolm George Richardson Robert MacKay Gibson Chisholm Christine Grahame Angela Constance James Douglas Hepburn Ruth Elizabeth Davidson Fiona Hyslop Bob Doris Adam Hamilton Ingram Helen Stirling Eadie Alison Johnstone Jim Eadie Colin George Keir Annabelle Janet Ewing William Hill Kidd Fergus Stewart Ewing Johann MacDougall Lamont Patricia Josephine Ferguson Richard Neilson Lochhead Neil Findlay Kenneth Wright MacAskill John Bradford Finnie Angus MacDonald Murdo MacKenzie Fraser Gordon MacDonald Rhoda Grant Michael Mackenzie Mark Griffin Tricia Marwick Hugh Henry John Fingland Mason James Robert Hume Michael Stephen Matheson Alexander Johnstone William Stewart Maxwell James Kelly Liam Scott McArthur John Robert Lamont Mark McDonald Richard Macdonald Lyle Alison McClure McInnes Roderick Lewis Macdonald Christina McKelvie Margo MacDonald Aileen McLeod 1 Kenneth Donald Macintosh Fiona Grace McLeod Derek Mackay Michael Joseph McMahon Hanzala Shaheed Malik Siobhan Marie McMahon Jennifer Margaret Marra Stuart McMillan Paul Martin John William Park Joan McAlpine Graeme James Pearson Margaret McCulloch Shona Robison Margaret McDougall Andrew Smith James Angus Roderick Neil McGrigor Nicola Ferguson Sturgeon David William McLetchie Jean Urquhart Duncan McNeil Sandra White Anne Margaret McTaggart John Gordon Wilson Nanette Lilian Margaret Milne Janet Margaret Mitchell Elaine Kildare Murray Alexander Neil Gilbert Martin Paterson John Williamson Pentland William Cowan Rennie Dennis Robertson Michael William Russell Mary Elizabeth Scanlon William John Graham Scott Richard John Simpson Elaine Agnes Smith Elizabeth Jane Smith James Alexander Stewart Stevenson David John Stewart Kevin Morrice Stewart John Ramsay Swinney David George Thompson David Herd Torrance William George Walker Maureen Elizabeth Watt Paul Richard William Wheelhouse Humza Haroon Yousaf 2. Election of Presiding Officer: The following members were nominated as candidates for appointment as Presiding Officer— Christine Grahame Tricia Marwick Hugh Henry The result of the first round of voting was— Christine Grahame 32 2 Tricia Marwick 45 Hugh Henry 49 Abstentions 0 Spoilt Papers 1 Accordingly, Christine Grahame was eliminated at that round and a second round of voting was held. The result of that round of voting was— Hugh Henry 55 Tricia Marwick 73 Abstentions 0 Spoilt Papers 0 Tricia Marwick was duly elected as Presiding Officer 3. Election of Deputy Presiding Officers: The following members were nominated as candidates for appointment as Deputy Presiding Officer— Patricia Ferguson Duncan McNeil John Scott Elaine Smith The result of the first round of voting was— Patricia Ferguson 22 Duncan McNeil 14 John Scott 54 Elaine Smith 35 Abstentions 0 Spoilt Papers 0 Accordingly, Duncan McNeil was eliminated at that round and a second round of voting was held. The result of that round of voting was— Patricia Ferguson 32 3 John Scott 56 Elaine Smith 36 Abstentions 2 Spoilt Papers 0 Accordingly, Patricia Ferguson was eliminated at that round and a third round of voting was held. The result of that round of voting was— John Scott 58 Elaine Smith 64 Abstentions 3 Spoilt Papers 0 Elaine Smith was duly elected as Deputy Presiding Officer. The candidates in the election for the second Deputy Presiding Officer were— Patricia Ferguson John Scott The result of the first round of voting in that election was— Patricia Ferguson 40 John Scott 82 Abstentions 1 Spoilt Papers 0 John Scott was duly elected as a Deputy Presiding Officer. The meeting closed at 5.46 pm. 4 Vol. 1, No. 2 Session 4 Wednesday 18 May 2011 The meeting opened at 10.00 am. 1. Business Motion—Bruce Crawford, on behalf of the Parliamentary Bureau moved S4M-00041—That the Parliament agrees— (a) the following programme of business— Wednesday 18 May 2011 10.00 am Business Motion 10.30 am Selection of the Parliament’s Nominee for First Minister Wednesday 25 May 2011 11.00 am Parliamentary Bureau Motions followed by First Minister’s Motion to Appoint Scottish Ministers followed by First Minister’s Motion to appoint Junior Scottish Ministers followed by First Minister’s Motion to Appoint Scottish Law Officers followed by Election of Members of the Parliamentary Corporation Thursday 26 May 2011 10.30 am Parliamentary Bureau Motions followed by First Minister’s Statement: Taking Scotland Forward followed by Scottish Government Debate: Taking Scotland Forward 2.30 pm Continuation of Scottish Government Debate: Taking Scotland Forward followed by Parliamentary Bureau Motions followed by Business Motion 5.00 pm Decision Time (b) that the period for lodging First Minister’s Questions for First Minister’s Question Time on Thursday 2 June 2011 should end at 4.00 pm on Thursday 26 May 2011; (c) that the period for members to submit their names for selection for General Question Time on Thursday 2 June 2011 should end at 4.00 pm on Thursday 19 May 2011; (d) that the period for members to submit their names for selection for General and Themed Question Time on Thursday 16 June 2011 should end at 4.00 pm on Thursday 2 June 2011. The motion was agreed to. 5 2. First Minister: The following member was nominated as a candidate for appointment as First Minister— Alex Salmond The result of the voting was— For: 68 Against: 0 Abstain: 57 Alex Salmond was duly selected as nominee for appointment as First Minister. The meeting closed at 11.05 am. 6 Vol. 1, No. 3 Session 4 Wednesday 25 May 2011 The meeting opened at 11.00 am. 1. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S4M-00095—That the Parliament agrees the following programme of business— Wednesday 1 June 2011 2.30 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Scottish Government Debate: Taking Scotland Forward – Finance, Employment and Sustainable Growth followed by Business Motion followed by Parliamentary Bureau Motions 5.00 pm Decision Time Thursday 2 June 2011 9.15 am Parliamentary Bureau Motions followed by Scottish Government Debate: Faster and Further to Secure Scotland’s Place as the Green Energy Powerhouse of Europe 11.40