Journal of the Scottish Parliament Volume 5: 5th Parliamentary Year, Session 4 (11 May 2015 – 23 March 2016) SPJ 4.5 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 5: 5th Parliamentary Year, Session 4 (11 May 2015 – 23 March 2016) CONTENTS Page Journal ……………………………………………………………………………….1 Annex A Bills Introduced …………………………………………………………………. 321 Annex B Subordinate Legislation— 1. Affirmative Instruments ……………………………………………….. 326 2. Negative Instruments ……………………………………………….….335 3. Instruments Not Subject to any Parliamentary Procedure …………352 4. Other documents ……………………………………………………….360 5. Legislative Consent Memoranda ……………………………………..360 Annex C Other Documents ………………………………………………………………..362 Annex D Committee Reports ………………………………………………………………391 Journal Index ……………………………………………………………………406 Index to Annexes ……………………………………………………………….432 Parliamentary Year 5, No. 1 Tuesday 12 May 2015 The meeting opened at 2.00 pm. 1. Time for Reflection: Ms Maria McGill, Chief Executive, CHAS (Children’s Hospice Association Scotland) led Time for Reflection. 2. Topical Questions: Questions were answered by a Cabinet Secretary and a Minister. 3. Human Trafficking and Exploitation (Scotland) Bill: The Cabinet Secretary for Justice (Michael Matheson) moved S4M-13107—That the Parliament agrees to the general principles of the Human Trafficking and Exploitation (Scotland) Bill. After debate, the motion was agreed to (DT). 4. Human Trafficking and Exploitation (Scotland) Bill: Financial Resolution: The Deputy First Minister and Cabinet Secretary for Finance, Constitution and Economy (John Swinney) moved S4M-12553—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Human Trafficking and Exploitation (Scotland) Bill, agrees to— (a) any expenditure of a kind referred to in Rule 9.12.3(b) of the Parliament’s Standing Orders arising in consequence of the Act, and (b) any charge or payment in relation to which Rule 9.12.4 of the Standing Orders applies arising in consequence of the Act. The motion was agreed to (DT). 5. Business Motion: Joe FitzPatrick, on behalf of the Parliamentary Bureau, moved S4M-13122—That the Parliament agrees to the following revision to the programme of business for Wednesday 13 May 2015— after followed by Portfolio Questions Education and Lifelong Learning insert followed by Ministerial Statement: Outcome of the UK General Election The motion was agreed to. 6. Decision Time: The Parliament took decisions on items 3 and 4 as noted above. 1 7. Marie Curie’s Changing the Conversation on Terminal Illness Report: The Parliament debated S4M-12957 in the name of Nanette Milne—That the Parliament welcomes the publication of the Marie Curie report, Changing the Conversation; further welcomes the publication of research commissioned by Marie Curie and carried out by the London School of Economics, which estimates that nearly 11,000 people in Scotland, including in the north east, who need palliative care are not currently accessing such care; notes the finding that people with a terminal diagnosis other than cancer, over 85s, people living alone and people from black, Asian and other minority ethnic groups are less likely to be accessing palliative care; further notes that a palliative approach is often recommended for people living with a terminal illness and includes pain and symptom management as well as physical, emotional and spiritual support; considers that this approach is proven to benefit many different illnesses; believes that, with Scotland’s ageing population and with more and more people living longer with multiple conditions, this problem will get worse unless action is taken; understands that the Scottish Government has committed to developing a new strategic framework for action on palliative and end-of-life care by the end of 2015, and looks forward to considering the findings. The meeting closed at 5.36 pm. 2 Parliamentary Year 5, No. 2 Wednesday 13 May 2015 The meeting opened at 2.00 pm. 1. Portfolio Questions: Questions on Education and Lifelong Learning were answered by the Cabinet Secretary and Ministers. 2. Ministerial Statement: The First Minister (Nicola Sturgeon) made a statement and answered questions on the Outcome of the UK General Election. 3. Scottish Apprenticeship Week: The Cabinet Secretary for Fair Work, Skills and Training (Roseanna Cunningham) moved S4M-13112—That the Parliament recognises the success of the modern apprenticeship (MA) programme and how it contributes to addressing youth unemployment while allowing young people to earn while they learn; encourages employers to consider workforce development and higher workforce skills that support long- term sustainable growth; supports the Commission for Developing Scotland’s Young Workforce’s ambitions for a world-class vocational education system; further supports the Scottish Government’s ambitions for the expansion of the programme to provide 30,000 new MA starts each year by 2020, and joins the Scottish Government in celebrating this success by supporting the activities taking place next week through the fifth annual Scottish Apprenticeship Week. Siobhan McMahon moved amendment S4M-13112.3 to motion S4M-13112— Insert at end— “; further believes that the Scottish Government should use Scottish Apprenticeship Week as a platform to draw attention to the findings of the Equality and Human Rights Commission report, Modern Apprenticeships, Equality & The Economy: Spreading the Benefits, which raised concerns regarding low levels of disabled people in modern apprenticeships, and recognises that more work needs to be done in raising the number of apprenticeships being taken up by women and LGBT and black, Asian and minority ethnic (BAME) people”. After debate, the amendment was agreed to (DT). Mary Scanlon moved amendment S4M-13112.2 to motion S4M-13112— Insert at end— “; urges the Scottish Government to have a renewed focus on delivering more higher level apprenticeships as promised in its response to the final report of the Commission for Developing Scotland’s Young Workforce in June 2014; recognises that there is a gender imbalance in the delivery of modern apprenticeships, both across the frameworks and the levels, with significantly fewer women training to levels 4 and 5 and 3 in subjects including construction and science, technology, engineering and mathematics (STEM) industries; understands that less than 1% of apprentices in Scotland have a declared disability, compared with 7.8% in England, and considers that this disparity should be reviewed as a priority, and believes that the decision by the UK Government to abolish employers’ national insurance contributions for apprentices aged under 25 from April 2016 will enable businesses to employ more apprentices”. After debate, the amendment was disagreed to ((DT) by division: For 52, Against 61, Abstentions 0). The motion, as amended, was then agreed to (DT). Accordingly, the Parliament resolved—That the Parliament recognises the success of the modern apprenticeship (MA) programme and how it contributes to addressing youth unemployment while allowing young people to earn while they learn; encourages employers to consider workforce development and higher workforce skills that support long-term sustainable growth; supports the Commission for Developing Scotland’s Young Workforce’s ambitions for a world-class vocational education system; further supports the Scottish Government’s ambitions for the expansion of the programme to provide 30,000 new MA starts each year by 2020; joins the Scottish Government in celebrating this success by supporting the activities taking place next week through the fifth annual Scottish Apprenticeship Week; further believes that the Scottish Government should use Scottish Apprenticeship Week as a platform to draw attention to the findings of the Equality and Human Rights Commission report, Modern Apprenticeships, Equality & The Economy: Spreading the Benefits, which raised concerns regarding low levels of disabled people in modern apprenticeships, and recognises that more work needs to be done in raising the number of apprenticeships being taken up by women and LGBT and black, Asian and minority ethnic (BAME) people. 4. Business Motion: Joe FitzPatrick, on behalf of the Parliamentary