Journal of the Scottish Parliament Volume 3: 3rd Parliamentary Year, Session 1 (12 May 2001 – 11 May 2002) SPJ 1.3 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 3: 3rd Parliamentary Year, Session 1 (12 May 2001 – 11 May 2002) Contents Page Journal 1 Annex A Bills Introduced 269 Annex B Subordinate Legislation— 1. Affirmative Instruments 277 2. Negative Instruments 282 3. Instruments Not Subject to any Parliamentary Procedure 301 Annex C Other Documents 305 Annex D SPCB Papers 329 Annex E Committee Reports 331 Journal Index 347 Annex Index 1. Subordinate Legislation— a. Negative Instruments 369 b. Instruments not subject to any parliamentary procedure 379 2. Other Documents 381 3. Committee Reports 395 No. 1 Wednesday 16 May 2001 The meeting opened at 2.30 pm. 1. Time for Reflection: Sister Maire Gallagher, Convener of Action of Churches Together in Scotland, led Time for Reflection. 2. Architecture and the Built Environment: The Deputy Minister for Sport and Culture (Allan Wilson) moved S1M-1929—That the Parliament acknowledges the social, cultural, environmental and economic benefits that good architecture and a well designed built environment can bring to Scotland and further acknowledges the benefits of a national policy on architecture. After debate, the motion was agreed to (DT). 3. Suspension of Standing Orders: Mr Tom McCabe, on behalf of the Parliamentary Bureau, moved S1M-1936—That the Parliament agrees that Rule 9.5.3B is suspended for the purpose of taking Stage 3 of the Regulation of Care (Scotland) Bill. The motion was agreed to (DT). 4. Decision Time: The Parliament took decisions on items 2 and 3 as noted above. 5. Rural and Islands GPs: The Parliament debated S1M-1897 in the name of Tavish Scott—That the Parliament notes the particular pressures relating to the delivery of primary health care in rural, remote and island areas of Scotland; supports the work of the Remote and Rural Resource Centre based at Raigmore Hospital in Inverness, encourages consideration of the particular challenges of recruitment and retention of GPs in areas such as Shetland given the high on-call commitment made by GPs in small rural practices, recognises the importance of equity in the remuneration of GPs and encourages the further development of proposals to assist in their recruitment and retention in rural, remote and island areas. The meeting closed at 5.52 pm. 1 No. 2 Thursday 17 May 2001 The meeting opened at 9.30 am. 1. Special Educational Needs: Irene McGugan, on behalf of the Education, Culture and Sport Committee, moved S1M-1931—That the Parliament notes the 3rd Report 2001 of the Education, Culture and Sport Committee, Report on Inquiry into Special Educational Needs (SP Paper 264). After debate, the motion was agreed to (DT). 2. Suspension of Standing Orders: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1940—That the Parliament agrees that Rule 5.6.1(c) of the Standing Orders be suspended for the duration of the Meeting of the Parliament on Wednesday 23 May 2001. The motion was agreed to. 3. Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1939—That the Parliament agrees the following programme of business— Wednesday 23 May 2001 2.30 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Standards Committee Debate on a Proposal for a Committee Bill to Establish a Standards Commissioner followed by Members' Business - debate on the subject of S1M-1935 Nora Radcliffe: Maternity Services in Gordon followed by Members' Business - debate on the subject of S1M-1926 Duncan McNeil: Local Newspaper Week, 14 to 20 May 2001 5.00 pm Decision Time Thursday 24 May 2001 9.30 am Scottish National Party Business followed by Parliamentary Bureau Motions followed by Business Motion 2.30 pm Question Time 3.10 pm First Minister's Question Time 3.30 pm Ministerial Statement 5.00 pm Decision Time 2 followed by Members' Business - debate on the subject of S1M-1921 Kay Ullrich: School Swimming Lessons Wednesday 30 May 2001 2.30 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Stage 3 Debate on the Convention Rights (Compliance) (Scotland) Bill 5.00 pm Decision Time followed by Members' Business - debate on the subject of S1M-1927 Des McNulty: Chester Street Insurance Holdings Ltd Thursday 31 May 2001 9.30 am Parliamentary Bureau Motions followed by Stage 3 Debate on Regulation of Care (Scotland) Bill followed by Business Motion 2.30 pm Question Time 3.10 pm First Minister's Question Time 3.30 pm Continuation of Stage 3 Debate on Regulation of Care (Scotland) Bill 5.00 pm Decision Time followed by Members' Business - debate on the subject of S1M-1932 David McLetchie: Proposed Cuts to The Scottish Regiments The motion was agreed to. 4. Question Time: Questions were answered by the First Minister and other Ministers and junior Scottish Ministers. 5. Scottish Local Authorities (Tendering) Bill – Stage 1: The Deputy Minister for Finance and Local Government (Peter Peacock) moved S1M-1843—That the Parliament agrees to the general principles of the Scottish Local Authorities (Tendering) Bill. Mr Keith Harding moved amendment S1M-1843.1 to motion S1M-1843— Leave out from “agrees” to end and insert— “does not agree to the general principles of the Scottish Local Authorities (Tendering) Bill because it believes that the Executive should give priority to the drafting of a Bill on Best Value so that it can be placed before the Parliament before the end of this year, and therefore calls upon the Executive to make an early announcement of its proposals, together with a timetable, for the publication of a draft bill to introduce a statutory framework for Best Value.” After debate, the amendment was disagreed to ((DT) by division: For 14, Against 80, Abstentions 0). 3 The motion was then agreed to ((DT) by division: For 81, Against 13, Abstentions 0). 6. Approval of SSIs: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1933—That the Parliament agrees that the following instruments be approved— the draft Justices of the Peace (Tribunal) (Scotland) Regulations 2001; the draft Part-Time Sheriffs (Removal Tribunal) Regulations 2001; and the draft Sex Offenders (Notice Requirements) (Foreign Travel) (Scotland) Regulations 2001. The motion was agreed to (DT). 7. Motion without notice: Mr Tom McCabe, on behalf of the Parliamentary Bureau, moved without notice that, under Rule 11.2.4, Decision Time be taken at 4.44 pm. The motion was agreed to. 8. Decision Time: The Parliament took decisions on items 1, 5 and 6 as noted above. 9. National Breastfeeding Awareness Week: The Parliament debated S1M- 1859 in the name of Elaine Smith—That the Parliament notes the importance of National Breastfeeding Awareness Week from 13-19 May 2001; recognises that breastfeeding is the best form of nutrition for babies and is good for mothers’ health too; notes with concern that the Guthrie Statistics from 1999 indicate that the two main hospitals serving constituents from Coatbridge and Chryston had the lowest percentage of breastfeeding mothers in Scotland, and believes that a national campaign is required to increase public acceptance that “breast is best” in an attempt to change attitudes to mothers breastfeeding in public places and encourage more mothers to breast-feed their babies. The meeting closed at 5.35 pm. 4 No. 3 Wednesday 23 May 2001 The meeting opened at 2.30 pm. 1. Time for Reflection: The Reverend Alan G M Paterson, United Reformed Church, East Kilbride, led Time for Reflection. 2. Designation of Lead Committees: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-1955—That the Parliament agrees the following designations of Lead Committee— the Justice 1 Committee to consider the European Communities (Service of Judicial and Extrajudicial Documents) (Scotland) Regulations 2001 (SSI 2001/172); and the Justice 2 Committee to consider the Sex Offenders (Notification Requirements) (Prescribed Police Stations) (Scotland) Regulations 2001 (SSI 2001/173). The motion was agreed to (DT). 3. Proposal for a Committee Bill to Establish a Standards Commissioner: Mr Mike Rumbles, on behalf of the Standards Committee, moved S1M-1901—That the Parliament agrees to the proposal for a Committee Bill under Rule 9.15 contained in the Standards Committee’s 2nd Report 2001, Proposals for a Standards Commissioner Committee Bill (SP Paper 312). After debate, the motion was agreed to (DT).