Journal of the Scottish Parliament Volume 2: 2nd Parliamentary Year, Session 3 (9 May 2008 – 8 May 2009) SPJ 3.2 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 2: 2nd Parliamentary Year, Session 3 (9 May 2008 – 8 May 2009) Contents Page Journal …………………………………………………………………………. 1 Annex A Bills Introduced ………………………………………………………………… 282 Annex B Subordinate Legislation— 1. Affirmative Instruments ………………………………………………. 287 2. Negative Instruments ………………………………………………… 293 3. Legislative Consent Memoranda ………………………………….... 313 Annex C Other Documents …………………………………………………………….... 315 Annex D Committee Reports ……………………………………………………………. 345 Annex E Expenses Scheme …………………………………………………………….. 358 Journal Index …………………………………………………………………. 406 Index to Annexes B, C and D ………………………………………………. 428 No. 1 Wednesday 14 May 2008 The meeting opened at 2.30 pm. 1. Time for Reflection: Rob Parsons, Executive Chairman, Care for the Family led Time for Reflection. 2. First Minister’s Statement: The First Minister (Alex Salmond) made a statement and answered questions on Moving Scotland Forward. 3. Judiciary and Courts (Scotland) Bill: The Cabinet Secretary for Justice (Kenny MacAskill) moved S3M-1717—That the Parliament agrees to the general principles of the Judiciary and Courts (Scotland) Bill. After debate, the motion was agreed to (DT). 4. Judiciary and Courts (Scotland) Bill: Financial Resolution: The Cabinet Secretary for Justice (Kenny MacAskill) moved S3M-1887—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Judiciary and Courts (Scotland) Bill, agrees to any increase in expenditure of a kind referred to in paragraph 3(b)(iii) of Rule 9.12 of the Parliament’s Standing Orders arising in consequence of the Act. The motion was agreed to (DT). 5. Business Motion: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-1899—That the Parliament agrees the following programme of business— Wednesday 21 May 2008 2.30 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Ministerial Statement: Smoking Prevention Action Plan followed by Scottish Government Debate: Hepatitis C followed by Business Motion followed by Parliamentary Bureau Motions 5.00 pm Decision Time followed by Members' Business Thursday 22 May 2008 9.15 am Parliamentary Bureau Motions followed by Scottish Labour Party Business 11.40 am General Question Time 1 12 noon First Minister's Question Time 2.15 pm Themed Question Time Education and Lifelong Learning; Europe, External Affairs and Culture 2.55 pm Ministerial Statement: Fuel Poverty followed by Scottish Government Debate: Wildlife Crime followed by Parliamentary Bureau Motions 5.00 pm Decision Time followed by Members' Business Wednesday 28 May 2008 2.30 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Scottish Government Business followed by Business Motion followed by Parliamentary Bureau Motions 5.00 pm Decision Time followed by Members' Business Thursday 29 May 2008 9.15 am Parliamentary Bureau Motions followed by Scottish Government Business 11.40 am General Question Time 12 noon First Minister's Question Time 2.15 pm Themed Question Time Health and Wellbeing 2.55 pm Scottish Government Business followed by Parliamentary Bureau Motions 5.00 pm Decision Time followed by Members' Business The motion was agreed to. 6. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-1900—That the Parliament agrees that the draft Transport and Works (Scotland) Act 2007 (Access to Land on Application) Order 2008 be approved. The motion was agreed to (DT). 2 7. Approval of SSI: Bruce Crawford, on behalf of the Parliamentary Bureau, moved S3M-1901—That the Parliament agrees that the draft Transport and Works (Scotland) Act 2007 (Access to Land by the Scottish Ministers) Order 2008 be approved. The motion was agreed to (DT). 8. Decision Time: The Parliament took decisions on items 3, 4, 6 and 7 as noted above. 9. Supermarket Dominance in Scottish Retailing: The Parliament debated S3M-1679 in the name of Christopher Harvie—That the Parliament notes with concern the dominance of large-scale supermarkets in Scottish retailing, as is evident in many of the burghs of Mid-Scotland and Fife, and considers that there should be an impartial study of their economic and social impact on communities and demand for local produce, taking into account other retail modes like smaller specialist shops, street markets or market halls and co- operatives. The meeting closed at 5.45 pm. 3 No. 2 Thursday 15 May 2008 The meeting opened at 9.15 am. 1. Ministerial Statement: The Minister for Communities and Sport (Stewart Maxwell) made a statement and answered questions on Equality and Diversity. 2. Shucksmith Report and the Future of Crofting in Scotland: The Parliament debated the subject of the Shucksmith Report and Future of Crofting in Scotland. 3. General Question Time: Questions were answered by Cabinet Secretaries and Ministers. 4. First Minister’s Question Time: Questions were answered by the First Minister (Alex Salmond). 5. Themed Question Time: Questions on Finance and Sustainable Growth were answered by the Cabinet Secretary and Ministers. 6. Free Personal Care: The Cabinet Secretary for Health and Wellbeing (Nicola Sturgeon) moved S3M-1902—That the Parliament welcomes the publication of Lord Sutherland’s independent review of free personal and nursing care and the Scottish Government’s acceptance in full of the report’s recommendations, including the commitment to provide £40 million a year in additional funding; notes Lord Sutherland’s clear conclusion that the UK Government should not have withdrawn the attendance allowance funding in respect of self-funding clients in care homes, currently valued at over £30 million a year, and urges the Scottish Government to pursue vigorously with UK Ministers the reinstatement of this funding while longer-term work to re- assess all funding streams relevant to the care of older people in Scotland takes place. Margaret Curran moved amendment S3M-1902.3 to motion S3M-1902— Leave out from “and urges” to end and insert— “however, also notes the decision of the UK Benefit Commissioners that continued payment of attendance allowance to self funders would have been a breach of the current benefit rules; further notes the UK Government’s Wanless review’s suggestion of the alignment of the benefits system, including attendance allowance, with funding for social care, and therefore calls on the Scottish Government to enter into discussions with the UK Government, as part of the UK Government’s review of social care, to ensure that Scotland receives a full and equitable share of the overall funds available for care of the elderly; urges the Scottish Government to undertake further work to re-assess all funding streams relevant to the care of the elderly and to come forward with proposals for the sustainable long-term funding of care of the elderly; notes that there is a funding gap in the current financial year, and calls on the Scottish Government to engage with COSLA immediately to achieve a resolution of the problem and report back to the Parliament before the summer recess.” 4 After debate, the amendment was disagreed to ((DT) by division: For 59, Against 63, Abstentions 0). Mary Scanlon moved amendment S3M-1902.1 to motion S3M-1902— Insert at end— “and calls on the eight Scottish councils which continue to charge for assisting with food preparation to cease to do so forthwith and all councils which have levied such charges to refund everyone who has been wrongly charged for this service.” After debate, the amendment was agreed to ((DT) by division: For 75, Against 0, Abstentions 47). Ross Finnie moved amendment S3M-1902.2 to motion S3M-1902— After “additional funding” insert— “the source of which will be identified in next year’s budget”. After debate, the amendment was agreed to (DT). The motion, as amended, was then agreed to ((DT) by division: For 79, Against 43, Abstentions 0). Accordingly, the Parliament resolved—That the Parliament welcomes the publication of Lord Sutherland’s independent review of free personal and nursing care and the Scottish Government’s acceptance in full of the report’s recommendations,