Journal of the Scottish Parliament Volume 4: 4th Parliamentary Year, Session 2 (7 May 2006 – 2 April 2007) SPJ 2.4 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 4: 4th Parliamentary Year, Session 2 (7 May 2006 – 2 April 2007) Contents Page Journal 1 Annex A Bills Introduced 251 Annex B Subordinate Legislation— 1. Affirmative Instruments 259 2. Negative Instruments 265 3. Instruments Not Subject to any Parliamentary Procedure 288 Annex C Other Documents 291 Annex D SPCB Papers 321 Annex E Committee Reports 323 Journal Index 341 No. 1 Wednesday 10 May 2006 The meeting opened at 2.15 pm. 1. Time for Reflection: Father Matt McManus, St Peter’s, Ardrossan, led Time for Reflection. 2. Scottish Schools (Parental Involvement) Bill – Business Motion: Alasdair Morgan, on behalf of the Parliamentary Bureau, moved S2M-4371— That the Parliament agrees that, during Stage 3 of the Scottish Schools (Parental Involvement) Bill, debate on groups of amendments shall, subject to Rule 9.8.4A, be brought to a conclusion by the time indicated (that time limit being calculated from when the Stage begins and excluding any periods when other business is under consideration or when the meeting of the Parliament is suspended, other than a suspension following the first division in the Stage being called, or otherwise not in progress): Groups 1 and 2: 40 minutes Groups 3 to 6: 1 hour and 5 minutes Groups 7 to 9: 1 hour and 40 minutes The motion was agreed to. 3. Scottish Parliamentary Corporate Body Question Time: Questions were answered by members of the Scottish Parliamentary Corporate Body. 4. Scottish Schools (Parental Involvement) Bill - Stage 3: The Bill was considered at Stage 3. The following amendments were agreed to without division: 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26. The following amendments were agreed to (by division)— 7 (For 68, Against 38, Abstentions 0) 8 (For 68, Against 38, Abstentions 0) The following amendments were disagreed to (by division)— 27 (For 38, Against 68, Abstentions 0) 1 (For 36, Against 62, Abstentions 0) 2 (For 33, Against 58, Abstentions 0) 3 (For 39, Against 65, Abstentions 0) 28 (For 36, Against 65, Abstentions 1) 32 (For 14, Against 89, Abstentions 0) 29 (For 39, Against 64, Abstentions 0) 30 (For 41, Against 60, Abstentions 0) The following amendments were not moved: 4, 5 and 6. 1 5. Scottish Schools (Parental Involvement) Bill - Stage 3: The Minister for Education and Young People (Peter Peacock) moved S2M-4271—That the Parliament agrees that the Scottish Schools (Parental Involvement) (Scotland) Bill be passed. After debate, the motion was agreed to ((DT) by division: For 92, Against 17, Abstentions 0). 6. Housing Corporation (Delegation) etc. Bill - UK Legislation: The Minister for Communities (Malcolm Chisholm) moved S2M-4318—That the Parliament agrees that the UK Parliament should consider those provisions of the Housing Corporation (Delegation) etc. Bill, introduced in the House of Commons on 30 March 2006, which will legislate in devolved areas in respect of the past operation of the Housing Corporation in Scotland as outlined in LCM (6.1). The motion was agreed to (DT). 7. Business Motion: George Lyon, on behalf of the Parliamentary Bureau, moved S2M-4366—That the Parliament agrees— (a) the following programme of business— Wednesday 17 May 2006 2.00 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Stage 1 Debate: Planning etc. (Scotland) Bill followed by Financial Resolution: Planning etc. (Scotland) Bill followed by Business Motion followed by Parliamentary Bureau Motions 5.30 pm Decision Time followed by Members’ Business Thursday 18 May 2006 9.15 am Parliamentary Bureau Motions followed by Independents’ Group Debate: The Implications of the Kerr Report: Future Needs of the NHS followed by Procedures Committee Debate – 2nd Report 2006, Procedures relating to Crown appointments 11.40 am General Question Time 12 noon First Minister’s Question Time 2.15 pm Themed Question Time— Health and Community Care; Environment and Rural Development 2 2.55 pm Enterprise and Culture Committee Debate – 5th Report 2006, Business Growth - the next 10 years followed by Parliamentary Bureau Motions 5.00 pm Decision Time followed by Members’ Business Wednesday 24 May 2006 2.30 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Executive Business followed by Business Motion followed by Parliamentary Bureau Motions 5.00 pm Decision Time followed by Members’ Business Thursday 25 May 2006 9.15 am Parliamentary Bureau Motions followed by Stage 3 Proceedings: Police, Public Order and Criminal Justice (Scotland) Bill 11.40 am General Question Time 12 noon First Minister’s Question Time 2.15 pm Themed Question Time— Enterprise, Transport and Lifelong Learning; Justice and Law Officers 2.55 pm Continuation of Stage 3 Proceedings: Police, Public Order and Criminal Justice (Scotland) Bill followed by Parliamentary Bureau Motions 5.00 pm Decision Time followed by Members’ Business and (b) under Rule 11.2.4 of the Standing Orders that Decision Time on Wednesday 17 May 2006 shall begin at 5.30 pm. After debate, the motion was agreed to (by division: For 86, Against 17, Abstentions 6). 8. Business Motion: George Lyon, on behalf of the Parliamentary Bureau, moved S2M-4365—That the Parliament agrees that consideration of the Adult Support and Protection (Scotland) Bill at Stage 1 be completed by 17 November 2006. The motion was agreed to. 3 9. Decision Time: The Parliament took decisions on items 5 and 6 as noted above. 10. New Powers for Credit Unions: The Parliament debated S2M-4052 in the name of Christine May—That the Parliament welcomes the extended facilities available to credit unions from April 2006 which will allow them to offer a wider range of services to their members; notes that these facilities will include insurance products, budgeting and savings accounts and flexible low- cost loans based on ability to pay; recognises the importance of the role played by credit unions in helping to alleviate poverty, prevent debt and its devastating consequences for many low income families, encourage saving and prudent borrowing and support regeneration in many communities across Scotland, such as Glenrothes and Levenmouth in Fife; further welcomes the additional support provided for approved credit unions to establish and administer these services; acknowledges that the credit union movement embodies and promotes the principles of mutualism and co-operation, and believes that the expansion of the credit union network in Scotland will play a vital part in enabling regeneration of many more communities. 11. Motion without Notice: Christine May moved without notice that, under Rule 8.14.3, the debate be extended until 6.00 pm. The motion was agreed to. The meeting closed at 6.00 pm. 4 No. 2 Thursday 11 May 2006 The meeting opened at 9.15 am. 1. Council Tax and Pensioner Poverty: Mr John Swinney moved S2M- 4363—That the Parliament recognises that the council tax is an unfair tax which is based neither on income nor on the ability to pay; further notes that the council tax, which has increased by over 60% since 1997, discriminates against those on a fixed income, particularly the elderly; notes that means- tested council tax benefit has failed to help many of the elderly, in particular older owner-occupiers, and calls for the abolition of the unfair council tax and its replacement by a local income tax based on the ability to pay. The Deputy Minister for Finance and Public Service Reform and Parliamentary Business (George Lyon) moved amendment S2M-4363.4 to motion S2M-4363— Leave out from first “council tax” to end and insert— “Scottish Executive has established the independent inquiry into local government finance consistent with the Partnership Agreement of May 2003; notes that the Labour Party has submitted clear and detailed proposals to support changes to the council tax, and further notes that the Liberal Democrats have submitted clear and detailed proposals to support a local income tax and that the inquiry is due to report in the future.” After debate, the amendment was agreed to ((DT) by division: For 62, Against 52, Abstentions 1). Derek Brownlee