business bulletin no. 177/2015 wednesday 2 december 2015 · 2020-05-27 · 1 business bulletin no....

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BUSINESS BULLETIN No. 177/2015

Wednesday 2 December 2015

Summary of Today’s Business

Meetings of Committees

9.30 am Economy, Energy and Tourism Committee the James Clerk Maxwell Room (CR4)

9.30 am Finance Committee the Robert Burns Room (CR1)

9.30 am Public Audit Committee the David Livingstone Room (CR6)

9.30 am Rural Affairs, Climate Change and Environment Committee

the Sir Alexander Fleming Room (CR3)

10.00 am Infrastructure and Capital Investment Committee

the Mary Fairfax Somerville Room (CR2)

10.00 am Local Government and Regeneration Committee

the Adam Smith Room (CR5)

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Meeting of the Parliament

2.00 pm Parliamentary Bureau Motions 2.00 pm Portfolio Questions

Education and Lifelong Learning followed by Scottish Conservative and Unionist Party Debate: Named Persons followed by Business Motions followed by Parliamentary Bureau Motions 5.00 pm Decision Time followed by Members’ Business – S4M-14715 Bob Doris: Commending the

Employees of City Building and RSBi

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For full details of today’s business, see Section A. For full details of the future business, see sections B and C. ___________________________________________________________________

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Contents

The sections which appear in today’s Business Bulletin are in bold Section A: Today’s Business

- Meetings of Committees

- Meeting of the Parliament

Section B: Future Meetings of the Parliament

Section C: Future Meetings of Committees

Section D: Oral Questions

- Questions selected for First Minister’s Questions

- Questions selected for response by Ministers and junior Scottish Ministers at Question Time

Section E: Written Questions – new questions for written answer

Section F: Motions and Amendments

Section G: Bills

- New Bills introduced

- New amendments to Bills

- Members’ Bills proposals

Section H: New Documents – new documents laid before the Parliament and committee reports published

Section I: Petitions – new public petitions

Section J: Progress of Legislation – progress of Bills and subordinate legislation

Section K: Corrections to the Official Report

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Business Bulletin: Wednesday 2 December 2015

Section A – Today’s Business

Meetings of Committees

All meetings take place in the Scottish Parliament, unless otherwise specified. Contact details for Committee Clerks are provided at the end of the Bulletin.

Economy, Energy and Tourism Committee 31st Meeting, 2015

The Committee will meet at 9.30 am in the James Clerk Maxwell Room (CR4)

1. Work, wages and wellbeing in the Scottish labour market (in private): The Committee will consider a draft report.

2. Witness expenses: The Committee will be invited to delegate to the Convener responsibility for arranging for the SPCB to pay, under Rule 12.4.3, any expenses of witnesses in the evidence sessions on the future of oil and gas in Scotland and renewable energy in Scotland.

3. Future prospects for oil and gas in Scotland: The Committee will take evidence from—

Deirdre Michie, Chief Executive, and Mike Tholen, Economics Director, Oil & Gas UK; James Bream, Research and Policy Director, Aberdeen and Grampian Chamber of Commerce;

and then from— Andy Samuel, Chief Executive, and Sir Patrick Brown, Chair, Oil and Gas Authority.

4. Future prospects for oil and gas in Scotland (in private): The Committee will review the evidence heard at today’s meeting.

Finance Committee 31st Meeting, 2015

The Committee will meet at 9.30 am in the Robert Burns Room (CR1)

1. Decision on taking business in private: The Committee will decide whether to take item 6 in private.

2. Scottish Fiscal Commission Bill: The Committee will take evidence on the Bill at Stage 1 from—

John Swinney, Cabinet Secretary for Finance, Constitution and Economy, John St Clair, Senior Principal Legal Officer, and Alison Cumming, Head of Tax Policy, Scottish Government.

3. Subordinate legislation: The Committee will take evidence on the Budget (Scotland) Act 2015 Amendment Regulations 2015 [draft] from—

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John Swinney, Cabinet Secretary for Finance, Constitution and Economy, and Scott Mackay, Finance Business Partner, Scottish Government.

4. Subordinate legislation: John Swinney, Cabinet Secretary for Finance, Constitution and Economy to move S4M-14961 - That the Finance Committee recommends that the Budget (Scotland) Act 2015 Amendment Regulations 2015 [draft] be approved.

5. Block Grant Adjustment: The Committee will take evidence from— Professor David Bell, and David Eiser, Research Fellow, University of Stirling.

6. Transplantation (Authorisation of Removal of Organs etc.) (Scotland) Bill: The Committee will consider a draft report on the Financial Memorandum to the Health and Sport Committee.

Public Audit Committee 20th Meeting, 2015

The Committee will meet at 9.30 am in the David Livingstone Room (CR6)

1. Decision on taking business in private: The Committee will decide whether to take items 5 and 6 in private.

2. Section 23 report - NHS in Scotland 2015: The Committee will take evidence on the Auditor General for Scotland report entitled "NHS in Scotland 2015" from—

Caroline Gardner, Auditor General for Scotland; Fraser McKinlay, Director of Performance Audit and Best Value, Tricia Meldrum, Senior Manager, and Michael Oliphant, Project Manager, Audit Scotland.

3. Section 22 reports - The 2014/15 audit of NHS 24, The 2014/15 audit of NHS Tayside, The 2014/15 audit of NHS Highland: The Committee will take evidence on the Auditor General for Scotland reports entitled "The 2014/15 audit of NHS 24: Update on management of an IT contract", "The 2014/15 audit of NHS Tayside: Financial management" and "The 2014/15 audit of NHS Highland: Update on 2013/14 financial management issues" from—

Caroline Gardner, Auditor General for Scotland; Fraser McKinlay, Director of Performance Audit and Best Value, and Stephen Boyle, Assistant Director, Audit Scotland; Nick Bennett, Partner, Scott Moncrieff; Kenny Wilson, Assurance partner, PricewaterhouseCoopers.

4. Section 23 report - Accident and Emergency - Performance update: The Committee will consider a response from the Scottish Government on the Auditor General for Scotland report entitled "Accident and Emergency - Performance update".

5. Section 23 report - NHS in Scotland 2015: The Committee will consider its approach to the evidence received at agenda item 2 and take evidence from—

Caroline Gardner, Auditor General for Scotland; Fraser McKinlay, Director of Performance Audit and Best Value, Tricia Meldrum, Senior Manager, and Michael Oliphant, Project Manager, Audit Scotland.

6. Section 22 reports - The 2014/15 audit of NHS 24, The 2014/15 audit of NHS Tayside, The 2014/15 audit of NHS Highland: The Committee will

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consider its approach to the evidence received at agenda item 3 and take evidence from—

Caroline Gardner, Auditor General for Scotland; Fraser McKinlay, Director of Performance Audit and Best Value, and Stephen Boyle, Assistant Director, Audit Scotland; Nick Bennett, Partner, Scott Moncrieff; Kenny Wilson, Assurance partner, PricewaterhouseCoopers.

Rural Affairs, Climate Change and Environment Committee 38th Meeting, 2015

The Committee will meet at 9.30 am in the Sir Alexander Fleming Room (CR3)

1. Land Reform (Scotland) Bill (in private): The Committee will consider a draft Stage 1 report.

Infrastructure and Capital Investment Committee 25th Meeting, 2015

The Committee will meet at 10.00 am in the Mary Fairfax Somerville Room (CR2)

1. Private Housing (Tenancies) (Scotland) Bill: The Committee will take evidence on the Bill at Stage 1 from—

Margaret Burgess, Minister for Housing and Welfare, Barry Stalker, Head of Private Rented Sector Strategy and Private Tenancies Bill Team, and Kirsten Simonnet-Lefevre, Principal Legal Officer, Scottish Government.

2. Private Housing (Tenancies) (Scotland) Bill (in private): The Committee will consider evidence heard on the Bill at Stage 1.

Local Government and Regeneration Committee 28th Meeting, 2015

The Committee will meet at 10.00 am in the Adam Smith Room (CR5)

1. Subordinate legislation: The Committee will consider the following negative instrument—

The Energy Performance of Buildings (Scotland) Amendment Regulations 2015 (SSI 2015/386)

2. Footway Parking and Double Parking (Scotland) Bill: The Committee will take evidence on the Bill at Stage 1 from—

Derek Mackay, Minister for Transport and Islands; Sharon Wood, Policy Officer, Asset Management, Finance and Technical Branch, Transport Scotland, Scottish Government;

and then from— Sandra White MSP, Member in charge; Professor Tom Rye, Director, Transport Research Institute, Edinburgh Napier University.

3. Inquiry into arm’s length external organisations: The Committee will take evidence from—

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Cllr Jenny Laing, Leader of the Council, Angela Scott, Chief Executive, and Judith Proctor, Health and Social Care Integration, Aberdeen City Council.

4. Footway Parking and Double Parking (Scotland) Bill (in private): The Committee will consider the evidence received.

5. Inquiry into arm’s length exernal organisations (in private): The Committee will consider the evidence received.

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Meeting of the Parliament

2.00 pm Parliamentary Bureau Motions 2.00 pm Portfolio Questions

Education and Lifelong Learning

1. Claire Baker: To ask the Scottish Government whether it will provide an update on its progress in closing the educational attainment gap in the Mid Scotland and Fife region. (S4O-04874)

2. Willie Coffey: To ask the Scottish Government whether it will provide an update on progress with Ayrshire College’s Kilmarnock campus project. (S4O-04875)

3. Gavin Brown: To ask the Scottish Government when it plans to publish its full analysis of the risk of Office for National Statistics reclassification for universities for the proposed Higher Education Governance (Scotland) Bill. (S4O-04876)

4. Malcolm Chisholm: To ask the Scottish Government how it will ensure that all children and young people requiring regular medication and medical assistance at school have these needs met. (S4O-04877)

5. Graeme Dey: To ask the Scottish Government how it considers the named person provision in the Children and Young People (Scotland) Act 2014 will assist families with children with autism. (S4O-04878)

6. Neil Bibby: To ask the Scottish Government what action it is taking to improve the learning environment for college students in the West Scotland region. (S4O-04879)

7. Clare Adamson: To ask the Scottish Government what it is doing to support children in kinship care. (S4O-04880)

8. James Dornan: To ask the Scottish Government what action it is taking to support looked-after children. (S4O-04881)

9. Linda Fabiani: To ask the Scottish Government how its education directorate monitors the implementation of the educational aspects of the autism strategy. (S4O-04882)

10. Mary Fee: [Withdrawn]

11. Bob Doris: [Withdrawn]

12. Roderick Campbell: To ask the Scottish Government what discussions it has had with the UK Government regarding the possible implementation of a new EU directive on the movement of non-EU students and researchers. (S4O-04885)

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13. Christian Allard: To ask the Scottish Government what the implications are for Scottish universities of proposals in the UK Government’s higher education green paper. (S4O-04886)

14. Chic Brodie: To ask the Scottish Government what monitoring and evaluation it has carried out of the reforms to the sector following the 2012 Report of the Review of Further Education Governance in Scotland. (S4O-04887)

15. Nigel Don: To ask the Scottish Government what resources its education directorate provides to ensure that appropriate educational opportunities are put in place for offenders at the time of their release to ensure effective rehabilitation. (S4O-04888)

16. Sarah Boyack: To ask the Scottish Government what its response is to the president of NUS Scotland’s evidence to the Education and Culture Committee that further education student support in Scotland is ―not fit for purpose‖. (S4O-04889)

17. Claudia Beamish: To ask the Scottish Government what it is doing to support and develop the Energy Skills Partnership and a shift to a low-carbon economy. (S4O-04890)

18. Bruce Crawford: To ask the Scottish Government how standardised assessment will be used in classrooms. (S4O-04891)

19. Jim Eadie: To ask the Scottish Government what recent discussions it has had with local authorities regarding the implementation of the Attainment Scotland Fund. (S4O-04892)

20. Jackie Baillie: To ask the Scottish Government when the review of the new curriculum model at Hermitage Academy will report and what measures it considers are necessary to improve it for those about to sit examinations. (S4O-04893) followed by Scottish Conservative and Unionist Party Debate: Named

Persons S4M-14999 Liz Smith: Named Persons—That the Parliament

believes that the growing opposition to the Scottish Government’s named person policy reflects the strong criticism that has been levelled at the policy by professionals who will be at the front line of delivery when named persons for all 0 to 18-year-olds become part of statutory legislation from August 2016; is specifically concerned about the criticism from groups of parents who fear that named persons will undermine the trust between parent and child and between families and key professionals, from other groups, such as teachers and social workers, that believe that extensive costs and bureaucracy will be involved in the implementation of the policy, and within bodies such as the police, who stated in summer 2015 that the policy could potentially divert resources away from the most vulnerable children, and calls on the Scottish Government to publish all the

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advice that it received from the committee that was set up to oversee the implementation stages.

The Presiding Officer has selected the following amendments S4M-14999.2 Aileen Campbell: Named Persons—As an amendment to motion S4M-14999 in the name of Liz Smith (Named Persons), leave out from ―believes‖ to end and insert ―recognises the continuing cross-Parliament support that enabled the Children and Young People (Scotland) Act 2014 to be passed, which included putting Scotland’s national approach to improving children’s wellbeing, Getting It Right For Every Child (GIRFEC), on a statutory footing; acknowledges that the named person service is an important component of this approach, developed in response to parental demand during the piloting of GIRFEC in Highland to provide a single point of contact for all children and families to go to should they need support and advice; notes that the legal challenge to these provisions has now been rejected by the Scottish courts twice; welcomes the powerful collective effort by the public sector, third sector and parent/family organisations to make the duties drive improvements in the lives of children and young people, and calls on all members to support implementation of all the GIRFEC provisions of the Act as part of a shared ambition to ensure that all children in Scotland get the best start in life.‖ S4M-14999.1 Iain Gray: Named Persons—As an amendment to motion S4M-14999 in the name of Liz Smith (Named Persons), leave out from ―the growing opposition‖ to end and insert ―the named person policy was and is supported by most child welfare organisations, including Barnardo’s, Children 1st, Save the Children, the NSPCC and Children in Scotland, but considers that the Scottish Government has failed to properly implement, resource or defend its own policy or recognise from the outset concerns that were expressed by organisations such as the Royal College of Nursing and the Educational Institute of Scotland over additional burdens being placed on staff without additional resourcing; believes that the Scottish Government has also failed to address concerns of parents regarding the intentions of the policy, which does not seek to provide a social worker for every child or replace the role of the parent, and calls on the Scottish Government to now ensure that the necessary resources are made available to make the policy work‖.

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followed by Business Motions

S4M-15021 Joe FitzPatrick on behalf of the Parliamentary Bureau: Business Motion—That the Parliament agrees the following programme of business—

Tuesday 8 December 2015

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Topical Questions (if selected)

followed by Stage 3 Proceedings: Criminal Justice (Scotland) Bill



6.00 pm Decision Time

followed by Members’ Business


2.00 pm Parliamentary Bureau Motions

2.00 pm Portfolio Questions Finance, Constitution and Economy

followed by Scottish Labour Party Business





Thursday 10 December 2015

11.40 am Parliamentary Bureau Motions

11.40 am General Questions

12.00 pm First Minister’s Questions

12.30 pm Members’ Business


2.30 pm Ministerial Statement: Update on Common Agricultural Policy Payments

followed by Stage 3 Proceedings: Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Bill

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followed by Scottish Government Business








2.00 pm Portfolio Questions Fair Work, Skills and Training; Social Justice, Communities and Pensioners’ Rights











2.30 pm Stage 3 Proceedings: Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill

followed by Stage 3 Proceedings: Interests of Members of the Scottish Parliament (Amendment) Bill

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S4M-15022 Joe FitzPatrick on behalf of the Parliamentary Bureau: Business Motion—That the Parliament agrees that consideration of the Scottish Elections (Dates) Bill at stage 1 be completed by 8 January 2016.

followed by Parliamentary Bureau Motions 5.00 pm Decision Time followed by Members’ Business Debate on the subject of— S4M-14715 Bob Doris: Commending the Employees of City

Building and RSBi—That the Parliament welcomes the contribution to Glasgow’s finances generated by the 2,200 employees of City Building LLP and Royal Strathclyde Blindcraft Industries (RSBi), who have returned a profit to Glasgow City Council of around £5 million in each financial year, with an over £50 million net gain to Glasgow’s finances since 2007; acknowledges the achievements of the workforces and the representatives of the unions, the JTUC and Unite, over the years, supporting around 2,000 people through City Building LLP’s supply chain and currently supporting the training of around 400 apprentices across all construction trades, making the company the largest employer of apprentices in Scotland; believes that the scale and flexibility of its multidisciplinary workforce and broad experience allows it to deliver complex projects, winning over £1 billion of contracts in open competition and winning the prestigious Queen’s Award for Enterprise: Sustainable Development; highlights the importance of RSBi in providing opportunities for disabled people, most recently providing an extensive range of furniture for the World Gymnastics Championships at the Hydro, both for the competition and the back-office areas, all constructed at City Building LLP’s RSBi factories in Springburn and Queenslie, helping make RSBi, in partnership with City Building LLP, what it considers one of the country’s leading examples of social enterprise, combining commercial success with socially responsible practices, and wishes everyone employed at City Building LLP and RSBi every success in the future.

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Section B – Future Meetings of the Parliament

Business Programme agreed by the Parliament on

25 November 2015

Thursday 3 December 2015 11.40 am Parliamentary Bureau Motions 11.40 am General Questions (for text of questions see Section D of the

Business Bulletin for Thursday 26 November 2015) 12.00 pm First Minister’s Questions (for text of questions see Section D of

the Business Bulletin for Tuesday 1 December 2015) 12.30 pm Members’ Business – S4M-14110 Paul Martin: Reviewing

Arrangements for Managing Sex Offenders (for text of motion see Section F of the Business Bulletin for Monday 30 November 2015)

2.30 pm Parliamentary Bureau Motions 2.30 pm Preliminary Stage Debate: National Galleries of Scotland Bill (for

text of motion S4M-14956 see Section F of the Business Bulletin for Monday 30 November 2015)

followed by Scottish Government Debate: Sea Fisheries and End Year

Negotiations (for text of motion S4M-15031 see Section F) followed by Business Motions followed by Parliamentary Bureau Motions 5.00 pm Decision Time Tuesday 8 December 2015 2.00 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Topical Questions (if selected) followed by Stage 3 Proceedings: Criminal Justice (Scotland) Bill

http://www.scottish.parliament.uk/parliamentarybusiness/BusinessBulletin/94459.aspx





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followed by Business Motions followed by Parliamentary Bureau Motions 5.00 pm Decision Time followed by Members’ Business Wednesday 9 December 2015 2.00 pm Parliamentary Bureau Motions 2.00 pm Portfolio Questions

Finance, Constitution and Economy (for names of those Members selected for Portfolio Questions see Section D of the Business Bulletin for Tuesday 1 December 2015)

followed by Scottish Government Business followed by Business Motions followed by Parliamentary Bureau Motions 5.00 pm Decision Time followed by Members’ Business Thursday 10 December 2015 11.40 am Parliamentary Bureau Motions 11.40 am General Questions (for names of those Members selected for

General Questions see Section D of the Business Bulletin for Tuesday 1 December 2015)

12.00 pm First Minister’s Questions 12.30 pm Members’ Business 2.30 pm Parliamentary Bureau Motions 2.30 pm Stage 3 Proceedings: Inquiries into Fatal Accidents and Sudden

Deaths etc. (Scotland) Bill followed by Business Motions followed by Parliamentary Bureau Motions 5.00 pm Decision Time



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Business Bulletin: Wednesday 2 December 2015 Section C – Future Committee Meetings

This section includes the agendas of the forthcoming committee meetings and outlines proposed future business, which may be subject to change. Committees have the right to take items in private and this will be notified as far in advance as possible.

Many committees include details of their future business on their webpages, which can be accessed at:

http://www.scottish.parliament.uk/business/committees/index.htm

Standards, Procedures and Public Appointments Committee 3 December 2015

21st Meeting, 2015

The Committee will meet at 9.00 am in the David Livingstone Room (CR6) 1. Decision on taking business in private: The Committee will decide whether

to take items 4 and 5 in private. 2. Decision on taking business in private: The Committee will decide whether

its consideration of its draft Stage 1 report on the Scottish Elections (Dates) Bill and its draft reports on Legislation and Hybrid Bills Standing Order Rule Changes should be taken in private at future meetings.

3. Scottish Elections (Dates) Bill The Committee will take evidence on the Bill at Stage 1 from—

Joe FitzPatrick, Minister for Parliamentary Business, Colin Brown, Senior Principal Legal Officer, Directorate for Legal Service, and James Newman, Policy Adviser, Directorate for Strategy and Constitution, Scottish Government.

4. Scottish Elections (Dates) Bill The Committee will consider the evidence heard earlier in the meeting.

5. Hybrid Bills: The Committee will consider a note by the Clerk. 6. Lobbying (Scotland) Bill (in private): The Committee will consider a draft

Stage 1 report. 7. Scotland Bill (in private): The Committee will consider an issues paper.

Proposed future business At its next meeting, on 10 December, the Committee expects to consider draft Stage 1 reports on the Lobbying (Scotland) Bill and the Scottish Elections (Dates) Bill and its draft report on its inquiry into committee reform. For further information, contact the Clerk to the Committee, whose details are provided at the end of the Bulletin.

http://www.scottish.parliament.uk/business/committees/index.htm

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European and External Relations Committee 3 December 2015

18th Meeting, 2015

The Committee will meet at 9.30 am in the Robert Burns Room (CR1) 1. EU reform and the EU referendum: implications for Scotland: The

Committee will take evidence, in a round-table discussion, from— Alison Cairns, Head of Development, Scottish Council for Voluntary Organisations; Garry Clark, Head of the Economic Development Intelligence Unit, Scottish Chambers of Commerce; Ross Dougal, President, Scottish Fishermen’s Federation; Derek Elder, Chairman, Institution of Engineering and Technology; Owen Kelly, Chief Executive, Scottish Financial Enterprise; Helen Martin, Assistant Secretary, Scottish Trades Union Congress; Andrew McCornick, Vice President, National Farmers Union Scotland; Andy Myles, Advocacy Officer, Scottish Environment Link; Serafin Pazos-Vidal, Head of Brussels Office, Convention of Scottish Local Authorities; Alastair Sim, Director, Universities Scotland.

2. Brussels Bulletin: The Committee will consider the latest issue of the Brussels Bulletin. Proposed future business At its next meeting, on 17 December, the Committee expects to continue to take evidence on its EU reform and the EU referendum: implications for Scotland inquiry. For further information, contact the Clerk to the Committee, whose details are provided at the end of the Bulletin.

Justice Sub-Committee on Policing 3 December 2015

11th Meeting, 2015

The Sub-Committee will meet at 1.15 pm in the David Livingstone Room (CR6) 1. Decision on taking business in private: The Sub-Committee will decide

whether to take item 3 in private. 2. Call handling: The Sub-Committee will take evidence from—

Derek Penman, HM Inspector of Constabulary in Scotland; John Bainbridge, Associate Inspector, and Laura Paton, Lead Inspector, HM Inspectorate of Constabulary in Scotland.

3. Work programme: The Sub-Committee will consider its work programme.

Proposed future business The Sub-Committee will next meet on 14 January 2016. For further information, contact the Clerk to the Sub-Committee, whose details are provided at the end of the Bulletin.

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Section E – Written questions lodged on 01 December 2015

Questions marked with a triangle (Δ) are initiated by the Scottish Government in order to facilitate the provision of information to the Parliament. Questions in which a member has indicated a declarable interest are marked with an "R". S4W-28726 Duncan McNeil: To ask the Scottish Government what Scottish Enterprise’s capital budget was for (a) 2013-14 and (b) 2014-15, including any in-year changes, and whether it will provide a breakdown of how this was spent.

S4W-28727 Duncan McNeil: To ask the Scottish Government what Scottish Enterprise’s capital budget is for 2015-16, including any in-year changes, and whether it will provide a breakdown of how it has been spent.

S4W-28729 Duncan McNeil: To ask the Scottish Government what Scottish Enterprise’s revenue budget was for (a) 2013-14 and (b) 2014-15, including any in-year changes, and whether it will provide a breakdown of how this was spent.

S4W-28731 Duncan McNeil: To ask the Scottish Government what Scottish Enterprise’s revenue budget is for 2015-16, including any in-year changes, and whether it will provide a breakdown of how it has been spent.

S4W-28743 Graeme Pearson: To ask the Scottish Government what the budget for drug treatment and rehabilitation services has been in year since 2003.

S4W-28744 Graeme Pearson: To ask the Scottish Government whether it will provide a breakdown of all expenditure (a) by the Scottish Prison Service and (b) on the prison estate in each year since 2007.

S4W-28745 Graeme Pearson: To ask the Scottish Government how much the Scottish Prison Service has spent on education (a) classes and (b) programmes in each year since 2011, broken down by prison.

S4W-28746 Graeme Pearson: To ask the Scottish Government how many qualified instructors have been employed by the Scottish Prison Service in each year since 2011, broken down by (a) prison and (b) specialist area.

S4W-28747 Graeme Pearson: To ask the Scottish Government how many personnel officers have been employed by the Scottish Prison Service in each year since 2011, broken down by prison.

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S4W-28748 Graeme Pearson: To ask the Scottish Government what target has been set by the Scottish Prison Service for weekly hours of purposeful activity per prisoner, broken down by prison.

S4W-28749 Graeme Pearson: To ask the Scottish Government what the library opening hours are in each prison.

S4W-28750 Graeme Pearson: To ask the Scottish Government how many officer instructors have been employed by the Scottish Prison Service in each year since 2011, broken down by prison.

S4W-28751 Graeme Pearson: To ask the Scottish Government how many vocational training officers have been employed by the Scottish Prison Service in each year since 2011, broken down by prison.

S4W-28752 Liam McArthur: To ask the Scottish Government what it is doing to end the loss of woodland, in light of a reported 14% loss of woodland in the last 40 years.

S4W-28753 Liam McArthur: To ask the Scottish Government what it is doing to reduce the percentage of woodland deemed to be in an "unsatisfactory" condition.

S4W-28754 Liam McArthur: To ask the Scottish Government how much it has spent in each of the last five years on the protection of woodland.

S4W-28755 Liam McArthur: To ask the Scottish Government (a) what action it has taken and (b) how much it has spent in each of the last five years to protect woodland in remote and rural places, including in Orkney.

S4W-28756 Liam McArthur: To ask the Scottish Government what plans it has to introduce a legal duty for landowners to produce management plans to protect woodland.

S4W-28757 Liam McArthur: To ask the Scottish Government what its position is on the introduction of a national woodlands plan to ringfence money to protect woodland.

S4W-28758 Jackie Baillie: To ask the Scottish Government how many times the helipad at the Queen Elizabeth University Hospital Glasgow has been closed and for what reasons.

S4W-28759 Jackie Baillie: To ask the Scottish Government whether NHS Lanarkshire contracts with a private provider to run out-of-hours clinics.

S4W-28760 Jackie Baillie: To ask the Scottish Government how NHS Lanarkshire’s out-of-hours rheumatology clinic is (a) financed and (b) staffed.

S4W-28761 Jackie Baillie: To ask the Scottish Government when the consultation on the Independent Living Fund Scotland closed.

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S4W-28762 Jackie Baillie: To ask the Scottish Government when the Independent Living Fund was devolved and what the value was when it was transferred.

S4W-28763 Jackie Baillie: To ask the Scottish Government what criteria apply to the allocation of the Independent Living Fund Scotland.

S4W-28764 Jackie Baillie: To ask the Scottish Government how much it has spent on the Independent Living Fund Scotland in each year.

S4W-28765 Jackie Baillie: To ask the Scottish Government whether the Independent Living Fund Scotland is open to new claimants and, if so, how many have claimed in each year and how many claims were successful.

S4W-28766 Jackie Baillie: To ask the Scottish Government whether it has decided who should operate the Independent Living Fund Scotland.

S4W-28767 Ken Macintosh: To ask the Scottish Government what its position is on the conclusion of the study, Weekend admissions as an independent predictor of mortality: an analysis of Scottish hospital admissions, by Handel, Patel, Skingsley, Bramley, Sobieski and Ramagopalan that ―there is still a significant excess mortality associated with weekend emergency admissions‖.

S4W-28768 Ken Macintosh: To ask the Scottish Government what action it is taking to reduce any excess mortality associated with weekend emergency admissions.

S4W-28769 Ken Macintosh: To ask the Scottish Government whether it expects the Scottish Patient Safety Programme to reduce any excess mortality associated with weekend emergency admissions.

S4W-28770 Ken Macintosh: To ask the Scottish Government whether an assessment has been made of whether the Scottish Patient Safety Programme reduces any excess mortality associated with weekend emergency admissions.

S4W-28771 John Finnie: To ask the Scottish Parliamentary Corporate Body whether it will make public the section of the Parliament’s risk register covering reputational damage.

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Section F – Motions and Amendments

Motions and amendments are usually printed the day after lodging. When an amendment is lodged, then the original motion will be republished alongside it.

Each Monday, this section also contains motions and amendments that have been lodged the previous week and are still live and those that have been lodged for debate in the coming week. A motion or amendment is live if it has not been debated, withdrawn or otherwise deleted.

Support for motions or amendments that have already been published is shown at the end of this section.

Motions and amendments can be published with various symbols:

* before the number indicates publication for the first time

*…* around a section of text indicate changes to previously published material

# a motion lodged for members’ business that has received the required level of cross-party support

♦ a motion lodged for members’ business that has not yet received the required level of cross-party support

R a member has declared a registered interest

The Parliamentary Bureau periodically deletes motions or amendments that are over six weeks old and not scheduled for debate.

Questions regarding this section should be directed to the Chamber Desk.

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New and altered motions and amendments

*S4M-15031 Richard Lochhead: Sea Fisheries and End Year Negotiations—That the Parliament notes the forthcoming annual fishing negotiations in Brussels and the ongoing negotiations with Norway on shared stocks; welcomes the recent scientific advice from the International Council for the Exploration of the Sea (ICES), which proposes increases to many of Scotland’s key stocks, including North Sea cod, which is at its highest level in a decade; notes that 2016 will see the commencement of the discard ban for whitefish fisheries and that the outcome of the negotiations will be pivotal in supporting the fleet’s implementation, and supports the Scottish Government in its efforts to achieve the best possible outcome for Scotland’s fishermen, coastal communities and wider seafood sectors.

Supported by: Aileen McLeod*

*S4M-15030 Margaret Mitchell: Baroness Scotland, First Female Secretary-General of the Commonwealth—That the Parliament congratulates Baroness Scotland of Asthal on being elected as the sixth Secretary-General of the Commonwealth of Nations at the recent Commonwealth heads of government meeting; recognises that she was nominated by her native country, Dominica, and is the first woman to hold the post; understands that her four-year term will begin on 1 April 2016, with the possibility of a second term, and wishes Baroness Scotland all the best in the post.

Supported by: Sandra White*, Jackson Carlaw*, Alex Fergusson*, Cameron Buchanan*, Tavish Scott*, Jamie McGrigor*, Patricia Ferguson*, Mary Scanlon*, Anne McTaggart*, Murdo Fraser*

*S4M-15029 Dennis Robertson: Congratulations to Aberdeen City and Shire Tourism Award Winners—That the Parliament congratulates all of the winners of the Aberdeen City and Shire Tourism Awards, including those based in the Aberdeenshire West constituency; understands that the purpose of the awards is to celebrate and recognise excellence in the regions’ hospitality and tourism sectors; commends the various businesses for providing the area with what it considers exceptional accommodation, restaurants and attractions, and appreciates their contribution to the aim of keeping tourism strong in the north east.

Supported by: Anne McTaggart*, Hanzala Malik*, Adam Ingram*, Nanette Milne*, Kevin Stewart*

*S4M-15028 Cara Hilton: Duloch Illuminated for Christmas—That the Parliament looks forward to the Duloch Park Christmas lighting ceremony taking place on 4 December 2015; understands that this is the first time that the park in Dunfermline has been decorated with lights for the Christmas season; welcomes the organisational work contributed by Halbeath and Duloch Community Council; looks forward to the provision of cocoa and mince pies as winter warmers, and hopes that this event will become the first of many.

Supported by: Margaret McCulloch*, Kevin Stewart*, Jayne Baxter*, Bill Kidd*, Richard Lyle*, Anne McTaggart*, Hanzala Malik*, Liz Smith*

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*S4M-15027 Clare Adamson: GivingTuesday—That the Parliament acknowledges that the worldwide campaign, #GivingTuesday, was marked on 1 December 2015; understands that the event, which was launched in the USA in 2012, encourages people, charities and businesses to donate time, money or their voice to helping a good cause; notes what it considers the success of the day in 2014, when the hashtag, #GivingTuesday, trended on Twitter in the UK for 11 hours and thousands of pounds were raised for charities; recognises the work of the Charities Aid Foundation and Blackbaud in coordinating the event across the UK, and praises the generosity of people across Scotland, which it considers one of the most generous countries in the world, in the donations that they made on the global day of giving.

Supported by: Kevin Stewart*, Christina McKelvie*, Angus MacDonald*, Rob Gibson*, Adam Ingram*, Joan McAlpine*, Hanzala Malik*, Bill Kidd*, Richard Lyle*, Anne McTaggart*, Roderick Campbell*

*S4M-15026 Bob Doris: Heat Trust Creates Accountability for Heat Network Companies—That the Parliament welcomes the launch of the Heat Trust, a new industry-led consumer protection scheme for heat network customers that sets standards in key areas including performance, reliability and customer service; welcomes news that the energy company, SSE, is one of the first companies to voluntarily register for the scheme for its district heat network at the Wyndford Estate in Glasgow; understands that, for the first time, customers of heat networks registered to the scheme can now refer a complaint regarding their supplier to the energy ombudsman for investigation; encourages other heat network suppliers to register for the scheme to ensure that customers across Scotland have a clear route for complaint resolution, and encourages greater deployment of heat networks across Glasgow and Scotland to help provide affordable, low-carbon heat to consumers.

Supported by: Adam Ingram*, Kevin Stewart*, Angus MacDonald*, James Dornan*, Bill Kidd*, Joan McAlpine*, Rob Gibson*, John Mason*, Richard Lyle*, Stuart McMillan*

*S4M-15025 Jackson Carlaw: J W Filshill Limited, 140 Years of Service—That the Parliament congratulates the Hillington-based business, J W Filshill Limited, on its 140th anniversary; understands that it has been a family-run business for five generations and has evolved from confectionery manufacturing into wholesale supply, retail and, most recently, the export of craft beer via the Craft Beer Clan of Scotland; notes that the company supplies prisons, universities and colleges; welcomes what it sees as the exceptional service of its 200 employees, and commends the staff and the firm’s KeyStore retail customers on the campaign, We’ll support you ever more, which supports schools and good causes in communities by providing funding for holiday programmes, breakfast clubs, environmental projects and sports kit sponsorship.

Supported by: Kevin Stewart*, Liz Smith*, Nanette Milne*, Stuart McMillan*, Richard Lyle*, Kenneth Gibson*, John Lamont*, Cameron Buchanan*, Anne McTaggart*, Mary Scanlon*, Jamie McGrigor*

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*S4M-15024 Patricia Ferguson: Delivering Season’s Greetings to Postal Workers—That the Parliament recognises the efforts of Royal Mail workers during the festive season; notes what it sees as the extra burden that is placed on workers in delivery and sorting offices by the increased volume of parcels and cards; understands that the introduction of the so-called Black Friday initiative and other sales schemes has added to the increased workload of postal staff; notes that delivery workers often have to work in cold and icy weather conditions, and wishes all Royal Mail staff a safe and happy Christmas.

Supported by: Margaret McCulloch*, Cara Hilton*, Neil Findlay*, Hanzala Malik*, Anne McTaggart*

*S4M-15023 Lewis Macdonald: Aberdeen Heat and Power Success at VIBES Awards—That the Parliament congratulates Aberdeen Heat and Power on taking the prize for Environmental Product or Service at the 16th annual Vision in Business for the Environment (VIBES) Awards on 26 November 2015; understands that the VIBES Awards recognise businesses that encourage the efficient use of resources, improve environmental performance and support the wider goals of sustainable development; notes that Aberdeen Heat and Power was established by Aberdeen City Council in 2002 to deliver affordable heat and alleviate fuel poverty; understands that the company now supplies more than 2,000 homes and 15 public buildings in Aberdeen, and wishes Aberdeen Heat and Power every success in its future projects.

Supported by: Anne McTaggart*, Mike MacKenzie*, Liam McArthur*, Jackie Baillie*, Richard Lyle*, Kevin Stewart*, Nanette Milne*, Hugh Henry*, Hanzala Malik*, Patricia Ferguson*

*S4M-15022 Joe FitzPatrick on behalf of the Parliamentary Bureau: Business Motion—That the Parliament agrees that consideration of the Scottish Elections (Dates) Bill at stage 1 be completed by 8 January 2016.

*S4M-15021 Joe FitzPatrick on behalf of the Parliamentary Bureau: Business Motion—That the Parliament agrees the following programme of business—





followed by Stage 3 Proceedings: Criminal Justice (Scotland) Bill





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2.00 pm Portfolio Questions Finance, Constitution and Economy

followed by Scottish Labour Party Business











2.30 pm Ministerial Statement: Update on Common Agricultural Policy Payments

followed by Stage 3 Proceedings: Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Bill













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2.00 pm Portfolio Questions Fair Work, Skills and Training; Social Justice, Communities and Pensioners’ Rights











2.30 pm Stage 3 Proceedings: Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill

followed by Stage 3 Proceedings: Interests of Members of the Scottish Parliament (Amendment) Bill




*S4M-15020 Rhoda Grant: Taiwan’s Meaningful Participation in UN Framework Convention on Climate Change—That the Parliament notes Taiwan’s achievements in passing the Greenhouse Gas Emission Reduction and Management Act, voluntarily announcing its Intended Nationally Determined Contribution and helping developing countries combat climate change; believes that Taiwan’s capabilities and expertise must be a part of the global solution to climate change; considers that the global nature of climate change calls for the widest possible cooperation and the UN Framework Convention on Climate Change (UNFCCC) must be inclusive to seek the coordination of all countries; considers that a new legally binding climate change agreement under the UNFCCC will be signed in Paris in December 2015 to replace the Kyoto Protocol, and believes that Taiwan’s expertise should help frame this agreement and that Taiwan should be invited to participate in the 21st session of the Conference of the Parties as an observer under the name of its Environmental Protection Administration.

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Supported by: Anne McTaggart*, Elaine Murray*, Richard Lyle*, Richard Simpson*, Hugh Henry*, Mary Fee*

*S4M-15019 Graeme Dey: Angus South Firms Win at the Dundee Architects Awards—That the Parliament congratulates all of the winners at the Dundee Architects Awards; acknowledges the two winners from the Angus South constituency, the Glamis-based firm, James F Stephen Architects, and the Voigt Partnership, which is in Arbroath; notes that James F Stephen Architects won the Best Rehab/Rejuvenation Project award for the High Mill, Verdant Works, and that its work on the NNR visitor facility, which was named as the Best Project for less than £500,000, also won the Best Use of Timber award and received a commendation in the category, Best Commercial/Non-Domestic Project; understands that the Voigt Partnership was presented with the Best On the Drawing Board award for its work on the Leaf Room, which is planned to be a quiet space for staff and patients in the gardens of Ninewells Hospital, with work due to commence in February 2016, and was commended in the Best Group of Houses category for the development of six flats at Alexandra Place in Arbroath; congratulates both firms on this recognition, and wishes them continuing success.

Supported by: Anne McTaggart*, Nigel Don*, Richard Lyle*, Mike MacKenzie*, Roderick Campbell*, Bill Kidd*, Adam Ingram*, Joan McAlpine*, Kevin Stewart*, Rob Gibson*, Nanette Milne*, Angus MacDonald*

*S4M-15018 Willie Rennie: Royal Society of Edinburgh Christmas Lecture—That the Parliament congratulates the Royal Society of Edinburgh on holding its largest ever Christmas lecture at the sold-out Caird Hall in Dundee; notes that Stampy’s Christmas Cake Caper attracted thousands of young people to hear from Joseph Garrett about his success with YouTube and Minecraft, attracting 6.6 million subscribers, and calls on Minecraft players to build a Parliament with current MSPs replaced by Creepers, Zombie Pigmen and Sugar Plum Fairies.

Supported by: Anne McTaggart*, Elaine Murray*, Jean Urquhart*, Richard Lyle*, Richard Simpson*, Murdo Fraser*, Jim Hume*, Jackie Baillie*, Jenny Marra*, Bill Kidd*, Liz Smith*, Nanette Milne*, Hanzala Malik*, Tavish Scott*

*S4M-15016# James Kelly: Tackle Nuisance Calls in Scotland—That the Parliament welcomes the launch in December 2015 of the Which? campaign to tackle nuisance calls in Scotland; notes that consumer research found that nine in 10 people in Scotland, have received nuisance calls on their landline in the last month and that eight in 10 say that they have taken steps to minimise cold calls on their home phone, including registering with the Telephone Preference Service and screening their calls, and that a quarter have registered their number as ex-directory; understands that 92% of people agreed that nuisance calls are an annoying interruption to their daily life, with four in 10 stating that they felt intimidated by them, and notes calls on the Scottish Government, including from people in Rutherglen, to publish an action plan setting out how it will work with business and regulators to call time on nuisance calls, including cracking down on businesses breaking the rules and holding senior executives to account, helping vulnerable people to cut the number of nuisance calls that they receive and ensuring that any new government policy does not lead to more nuisance calls.

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Supported by: Elaine Smith*, Michael McMahon*, Malcolm Chisholm*, Elaine Murray*, Paul Martin*, Anne McTaggart*, Liam McArthur*, Richard Simpson*, Hugh Henry*, Murdo Fraser*, Cara Hilton*, Jackie Baillie*, Margaret McCulloch*, Iain Gray*, Jackson Carlaw*, Hanzala Malik*, Patricia Ferguson*, John Wilson*, Alex Johnstone*

*S4M-15015 Angus MacDonald: Supporting Scotland’s Climate Change March—That the Parliament understands that over 5,000 people attended Scotland’s Climate March for climate, justice and jobs on 28 November 2015, including people from the Falkirk area; notes that the march was one of many Climate Marches taking place over the weekend in major cities in 175 countries around the world, in advance of the COP21 climate change talks taking place in Paris; understands that more than 600,000 people took part in marches around the world; further understands that the march and rally in Edinburgh was attended by politicians from all of Scotland’s major political parties, reflecting the continued cross-party support for action on climate change in Scotland; notes that the rally was addressed by a climate change activist from the Philippines, Voltaire Alferez, by a crofter from the Outer Hebrides and by a trade union representative; calls on world leaders to seek an international deal that keeps climate change well below two degrees of average global temperature change; believes that the Scottish Government, all MSPs, Scotland’s political parties and civic institutions must continue to champion the delivery of the Climate Change (Scotland) Act 2009 as the biggest contribution that Scotland can make to international action on climate change; wishes the Minister for Environment, Climate Change and Land Reform well in representing Scotland at the Paris climate change conference, and congratulates the broad Stop Climate Chaos Scotland coalition and its members for their role in organising Scotland’s Climate March.

Supported by: Patrick Harvie*, Richard Lyle*, Mike MacKenzie*, John Mason*, James Dornan*, Graeme Dey*, Rob Gibson*, Bill Kidd*, Kenneth Gibson*, Joan McAlpine*, Adam Ingram*, Jean Urquhart*

S4M-14999 Liz Smith: Named Persons—That the Parliament believes that the growing opposition to the Scottish Government’s named person policy reflects the strong criticism that has been levelled at the policy by professionals who will be at the front line of delivery when named persons for all 0 to 18-year-olds become part of statutory legislation from August 2016; is specifically concerned about the criticism from groups of parents who fear that named persons will undermine the trust between parent and child and between families and key professionals, from other groups, such as teachers and social workers, that believe that extensive costs and bureaucracy will be involved in the implementation of the policy, and within bodies such as the police, who stated in summer 2015 that the policy could potentially divert resources away from the most vulnerable children, and calls on the Scottish Government to publish all the advice that it received from the committee that was set up to oversee the implementation stages.

*S4M-14999.2 Aileen Campbell: Named Persons—As an amendment to motion S4M-14999 in the name of Liz Smith (Named Persons), leave out from ―believes‖ to end and insert "recognises the continuing cross-Parliament support that enabled the Children and Young People (Scotland) Act 2014 to be passed, which included putting Scotland’s national approach to improving children’s wellbeing, Getting It Right For

31

Every Child (GIRFEC), on a statutory footing; acknowledges that the named person service is an important component of this approach, developed in response to parental demand during the piloting of GIRFEC in Highland to provide a single point of contact for all children and families to go to should they need support and advice; notes that the legal challenge to these provisions has now been rejected by the Scottish courts twice; welcomes the powerful collective effort by the public sector, third sector and parent/family organisations to make the duties drive improvements in the lives of children and young people, and calls on all members to support implementation of all the GIRFEC provisions of the Act as part of a shared ambition to ensure that all children in Scotland get the best start in life."

Supported by: Angela Constance*

*S4M-14999.1 Iain Gray: Named Persons—As an amendment to motion S4M-14999 in the name of Liz Smith (Named Persons), leave out from ―the growing opposition‖ to end and insert ―the named person policy was and is supported by most child welfare organisations, including Barnardo’s, Children 1st, Save the Children, the NSPCC and Children in Scotland, but considers that the Scottish Government has failed to properly implement, resource or defend its own policy or recognise from the outset concerns that were expressed by organisations such as the Royal College of Nursing and the Educational Institute of Scotland over additional burdens being placed on staff without additional resourcing; believes that the Scottish Government has also failed to address concerns of parents regarding the intentions of the policy, which does not seek to provide a social worker for every child or replace the role of the parent, and calls on the Scottish Government to now ensure that the necessary resources are made available to make the policy work".

Motions and amendments which have attracted additional support

S4M-15014 Team GB Celebrate Davis Cup Victory (lodged on 30 November 2015) Alex Rowley*, Nanette Milne*, Liz Smith*, Margaret Mitchell*, Hanzala Malik*, John Mason*, Mike MacKenzie*, Murdo Fraser*, Richard Lyle*, Adam Ingram*, Rob Gibson*, Anne McTaggart*, Christina McKelvie*, Kevin Stewart*, Nigel Don*, Alex Fergusson*, Claire Baker* S4M-15013 West Kilbride Wins Best Village in the 2015 Great British High Street Awards (lodged on 30 November 2015) Anne McTaggart*, Joan McAlpine*, Jackie Baillie*, Adam Ingram*, Roderick Campbell*, Rob Gibson*, Graeme Dey*, Bill Kidd*, Hugh Henry*, Mike MacKenzie*, Richard Lyle* S4M-15011 Celebrations for Celebrate Aberdeen (lodged on 30 November 2015) Mike MacKenzie*, Adam Ingram* S4M-15010 Instant Neighbour Success at the UK Social Enterprise Awards (lodged on 30 November 2015) Nanette Milne*, Kevin Stewart*, Cara Hilton* S4M-15009 Congratulations to Martin McLeod (lodged on 30 November 2015) Jackie Baillie*, Angus MacDonald*, Nanette Milne*, Joan McAlpine*, Hanzala Malik*,

32

Anne McTaggart*, Mike MacKenzie*, Richard Lyle*, Adam Ingram*, Rob Gibson*, Graeme Dey*, Richard Simpson*, Bill Kidd* S4M-15008 Disability History Month (lodged on 30 November 2015) John Mason*, Lewis Macdonald*, Mike MacKenzie*, Cara Hilton*, Hugh Henry*, Elaine Murray* S4M-15007 Neighbourhood Food Collection (lodged on 30 November 2015) Roderick Campbell*, Cara Hilton*, Mike MacKenzie*, Stuart McMillan*, Hugh Henry*, Christine Grahame*, Nigel Don* S4M-15006 Welcoming the Autism Short Breaks Fund (lodged on 30 November 2015) Jackson Carlaw*, Nanette Milne*, Liz Smith*, Joan McAlpine*, John Mason*, Hanzala Malik*, Cara Hilton*, Anne McTaggart*, Liam McArthur*, Mike MacKenzie*, Michael Russell*, Richard Lyle*, Adam Ingram*, Richard Simpson*, Graeme Dey*, Rob Gibson*, Nigel Don*, Bill Kidd* S4M-15004 BEMIS Celebrates Scotland’s Winter Festivals 2015-16 (lodged on 30 November 2015) Jackie Baillie*, Angus MacDonald*, Joan McAlpine*, Hanzala Malik*, John Mason*, Mike MacKenzie*, Neil Findlay*, Richard Lyle*, Adam Ingram*, Anne McTaggart*, Christina McKelvie*, Rob Gibson*, Nigel Don*, Bill Kidd*, Dennis Robertson* S4M-15002 New Premises for Kate’s Kitchen (lodged on 30 November 2015) Richard Simpson*, Cara Hilton* S4M-15001 World AIDS Day 2015 (lodged on 30 November 2015) Nanette Milne*, Liz Smith*, Margaret Mitchell*, John Mason*, Roderick Campbell*, Drew Smith*, Mary Fee*, Lewis Macdonald*, Cara Hilton*, Richard Simpson*, Jean Urquhart*, John Finnie*, Hugh Henry*, Nigel Don* S4M-15000 Queen’s Anniversary Prize for Heriot-Watt University (lodged on 30 November 2015) Nanette Milne*, Liz Smith*, Roderick Campbell*, Mike MacKenzie*, Richard Simpson*, Hugh Henry*, Nigel Don* S4M-14998 Drugs Action Recovery Star Awards 2015 (lodged on 30 November 2015) Nanette Milne*, Roderick Campbell*, Mike MacKenzie*, Nigel Don* S4M-14997 Rutherglen Reformer (lodged on 30 November 2015) John Mason*, Cara Hilton*, Hugh Henry* S4M-14996 Chauffeurs of Carnoustie (lodged on 30 November 2015) Nanette Milne*, Liz Smith*, Roderick Campbell*, Nigel Don* S4M-14994 Crohn’s and Colitis Awareness Week (lodged on 30 November 2015) Patricia Ferguson*, Tavish Scott*, Nanette Milne*, Cara Hilton*, Joan McAlpine*, Iain Gray*, Mary Fee*, Jackie Baillie*, John Lamont*, Graeme Dey*, Alex Fergusson*, Hanzala Malik*, Bill Kidd*, John Mason*, Hugh Henry*, Neil Findlay*, Mike MacKenzie*, Richard Lyle*, Liam McArthur*, Anne McTaggart*, Jackson Carlaw*, Jamie McGrigor*, Elaine Murray*, Elaine Smith*

33

S4M-14993 DCMS Must Abandon Plans to Remove Gaelic TV Funding (lodged on 30 November 2015) John Mason*, Roderick Campbell*, Mike MacKenzie*, Nigel Don* S4M-14991 Keeping Litter off Streets (lodged on 26 November 2015) Jackson Carlaw*, Cara Hilton*, Dennis Robertson* S4M-14990 16 Days of Action in Aberdeen (lodged on 26 November 2015) Hugh Henry*, Dennis Robertson* S4M-14988 Workfare Programmes to be Abandoned (lodged on 26 November 2015) Nigel Don*, Dennis Robertson* S4M-14987 Entier Ltd Accredited as Investor in Young People (lodged on 26 November 2015) David Torrance*, Nanette Milne*, Rob Gibson*, Kevin Stewart*, Joan McAlpine*, Bill Kidd*, Roderick Campbell*, Mike MacKenzie*, Richard Lyle*, Anne McTaggart* S4M-14986 Huge Increase in Readership of the Courier and Press and Journal (lodged on 26 November 2015) Cara Hilton*, Dennis Robertson*, Claire Baker* S4M-14982 Congratulations to Ayrshire College (lodged on 26 November 2015) Nigel Don* S4M-14972 Ayrshire College Wins Scottish Qualifications Authority Star Awards (lodged on 25 November 2015) Hugh Henry* S4M-14964 Legion d’Honneur Awarded to Jim Glennie from Bridge of Don (lodged on 25 November 2015) Hugh Henry* S4M-14944 Funding for BBC Scotland (lodged on 24 November 2015) Stuart McMillan* S4M-14941 Scottish Gaelic Awards 2015 (lodged on 24 November 2015) Hugh Henry* S4M-14929 Memorial Unveiled to Assynt Crofters’ Leader, Allan Macrae (lodged on 23 November 2015) Hugh Henry* S4M-14920 Protection of Ayr United Club Badge (lodged on 20 November 2015) Hugh Henry* S4M-14919 Congratulations to Gordon’s Fightback (lodged on 20 November 2015) Claire Baker* S4M-14917 John Paul Academy Awards Ceremony, Celebrating Excellence (lodged on 20 November 2015) Hugh Henry* S4M-14906 Linthouse Housing Association (lodged on 19 November 2015) Hugh Henry*

34

S4M-14902 Improvements in the Early Detection of Lung Cancer (lodged on 18 November 2015) Hugh Henry* S4M-14901 Foodbank Use Increases (lodged on 18 November 2015) Hugh Henry* S4M-14899 Protecting Human Rights at Work (lodged on 19 November 2015) Hugh Henry* S4M-14896 Congratulations to East Renfrewshire GirlGuiding (lodged on 18 November 2015) Hugh Henry* S4M-14895 Youth Work Changes Lives (lodged on 18 November 2015) Hugh Henry* S4M-14887 Congratulations to the Awards Network (lodged on 17 November 2015) Hugh Henry* S4M-14874 A New Living Wage (lodged on 17 November 2015) Hugh Henry* S4M-14828 Welcoming DEBRA to Maryhill (lodged on 12 November 2015) Hugh Henry* S4M-14715 Commending the Employees of City Building and RSBi (lodged on 04 November 2015) Patricia Ferguson*, Paul Martin*, Johann Lamont*

35


Section G – Bills

New Bills introduced or reprinted on 1 December 2015

Carers (Scotland) Bill—The Bill was reprinted as amended at Stage 2 (SP Bill 61A) (Government Bill).

New amendments to Bills lodged on 1 December 2015

Apologies (Scotland) Bill – Stage 2

Section 2

Paul Wheelhouse

2 In section 2, page 1, line 11, leave out from <(including> to <tribunals)> in line 12

Paul Wheelhouse

3 In section 2, page 1, line 12, at end insert—

<( ) inquiries (including joint inquiries) which the Scottish Ministers cause to be held

under section 1 of the Inquiries Act 2005 or which they convert under section 15

of that Act into inquiries under that Act,>

Paul Wheelhouse


<( ) proceedings under the Children’s Hearings (Scotland) Act 2011,>

Paul Wheelhouse

5 In section 2, page 1, line 13, leave out from <Fatal> to <1976> in line 14 and insert <Inquiries

into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016>

Paul Wheelhouse


<(1A) This Act does not apply to an apology made in accordance with the duty of candour

procedure set out in Part 2 of the Health (Tobacco, Nicotine etc. and Care) (Scotland)

Act 2016.>

Paul Wheelhouse

7 In section 2, page 1, line 16, leave out subsection (2)

Paul Wheelhouse

8 In section 2, page 1, line 17, leave out <list of>

36

Paul Wheelhouse

9 In section 2, page 1, line 17, leave out <subsection (1)> and insert <subsections (1) and (1A)>

Section 3

Paul Wheelhouse

10 In section 3, page 1, leave out lines 24 and 25

Section 5

Paul Wheelhouse

11 In section 5, page 2, line 9, leave out from <at> to end of line 10 and insert <on such date as the

Scottish Ministers may by regulations appoint.

(3) Different days may be appointed for different purposes.

(4) Regulations under subsection (2) may include transitional, transitory or saving

provision.>

Succession (Scotland) Bill – Stage 2

Section 1

Paul Wheelhouse

1 In section 1, page 1, line 8, leave out <, executor or guardian> and insert <or executor>

Paul Wheelhouse

2 In section 1, page 1, line 11, after <testator> insert <then>

Paul Wheelhouse

3 In section 1, page 1, line 11, leave out <domiciled in Scotland>

Paul Wheelhouse

4 In section 1, page 1, line 12, leave out subsection (2) and insert—

<( ) P is to be treated as having died before the testator for the purposes of the will except for

the purposes of any appointment of P or another person as a guardian.>

Paul Wheelhouse

5 In section 1, page 1, line 15, after <be> insert <so>

Paul Wheelhouse

6 In section 1, page 1, line 15, leave out <, executor or guardian> and insert <or executor>

Section 2

Paul Wheelhouse

7 In section 2, page 2, line 3, after <person> insert <or other persons>

37

Paul Wheelhouse


<( ) A then dies.>

Paul Wheelhouse

9 In section 2, page 2, line 7, leave out <failed to survive> and insert <died before>

Section 3

Paul Wheelhouse

10 In section 3, page 2, line 38, after <sheriff> insert <—

(i)>

Paul Wheelhouse

11 In section 3, page 3, line 1, leave out <a sheriff>

Paul Wheelhouse

12 In section 3, page 3, line 2, at end insert <, or

<( ) a sheriff of the sheriffdom in which the testator’s executor obtains confirmation.>

Paul Wheelhouse

13 In section 3, page 3, line 5, leave out <deceased> and insert <testator>

Section 6

Paul Wheelhouse

14 In section 6, page 4, line 8, leave out from beginning to <descendant> and insert—

<(a) a person (“the testator”) by a will bequeaths a legacy to—

(i) a direct descendant of the testator, or

(ii) more than one person where both or (as the case may be) all of those

persons are direct descendants>

Paul Wheelhouse

15 In section 6, page 4, line 10, leave out <A> and insert <the person to whom the legacy is

bequeathed or, if it is bequeathed to more than one person, a person to whom it is bequeathed>

Paul Wheelhouse

16 In section 6, page 4, line 13, leave out first <A> and insert <the deceased legatee>

Paul Wheelhouse

17 In section 6, page 4, line 13, leave out <A’s> and insert <the legatee’s>

Paul Wheelhouse

18 In section 6, page 4, line 13, leave out second <A> and insert <the legatee>

38

Paul Wheelhouse

19 In section 6, page 4, line 19, leave out <A> and insert <the deceased legatee>

Paul Wheelhouse


Paul Wheelhouse

21 In section 6, page 4, line 23, leave out first <A’s> and insert <the deceased legatee’s>

Paul Wheelhouse


Paul Wheelhouse

23 In section 6, page 4, line 23, leave out <, but for A’s death,>

Paul Wheelhouse

24 In section 6, page 4, line 24, after <received> insert <if alive>

Paul Wheelhouse

25 In section 6, page 4, line 25, leave out <A’s> and insert <the deceased legatee’s>

Section 9

Paul Wheelhouse


<( ) Where a person mentioned in subsection (1) (“the testator”) by a will confers a benefit

on a person on the condition that the other person mentioned in subsection (1) dies

before the testator, the condition that the person dies before the testator (however it is

expressed) is to be read as a condition that the person fails to survive the testator.>

Section 10

Paul Wheelhouse

27 In section 10, page 5, line 18, after <applies> insert <, instead of section 9, for the purposes of

determining rights of succession or title to property>

Paul Wheelhouse

28 In section 10, page 5, line 19, leave out <a person (“the testator”) by a will provides that>

Paul Wheelhouse

29 In section 10, page 5, line 19, leave out <an obligation requires that property is to>

Paul Wheelhouse

30 In section 10, page 5, line 20, leave out from <one> to end of line 22 and insert <—

( ) the estate of whichever member of a group of persons dies first (or the

estates of whichever members die first),

39

( ) whichever member of a group of persons survives the other members (or

whichever members survive the other members), or

( ) the members of a group of persons equally or the survivor (or survivors) of

them,>

Paul Wheelhouse

31 In section 10, page 5, line 28, leave out <(and section 9 if it applies)>

Paul Wheelhouse

32 In section 10, page 5, line 34, after <if> insert <the property is to pass under a will and>

Section 12

Paul Wheelhouse

33 In section 12, page 6, line 15, leave out <failed to survive> and insert <died before>

Paul Wheelhouse


<( ) For the avoidance of doubt, references in this section to rights of succession to the estate

of the deceased include references to—

(a) a claim to jus relicti, jus relictae or legitim out of that estate,

(b) an entitlement from that estate conferred by section 8 or 9 of the Succession

(Scotland) Act 1964.>

Section 14

Paul Wheelhouse

35 In section 14, page 7, line 4, after <Scotland> insert <, a sheriff>

Paul Wheelhouse


Paul Wheelhouse


Section 20

Paul Wheelhouse

38 In section 20, page 9, line 11, leave out <in contemplation of death>

Paul Wheelhouse

39 In section 20, page 9, line 12, leave out <as a donation mortis causa> and insert <in that

customary mode>

40

Criminal Justice (Scotland) Bill – Stage 3

Section A1

Michael Matheson

5 Move section A1 to after section 56

Section B1

Michael Matheson

6 In section B1, page 1, line 18, at end insert <, or

( ) in circumstances in which the constable believes that it is necessary to do so with

respect to the care or protection of the person.>

Michael Matheson

7 Move section B1 to after section 56

After section B1

Michael Matheson

8 After section B1, insert—

<Public safety at premises or events

(1) A person who is not in police custody may be searched by a constable if—

(a) the person—

(i) is seeking to enter, or has entered, relevant premises, or

(ii) is seeking to attend, or is attending, a relevant event, and

(b) the further criteria are met.

(2) Premises are or an event is relevant if—

(a) the premises may be entered, or the event may be attended, by members of the

public (including where dependent on possession of a ticket or on payment of a

charge), and

(b) the entry or the attendance is controlled, at the time of the entry or the attendance,

by or on behalf of the occupier of the premises or the organiser of the event.

(3) The further criteria to be met are that—

(a) the entry or the attendance is subject to a condition, imposed by the occupier of

the premises or the organiser of the event, that the person consents to being

searched, and

(b) the person informs the constable that the person consents to being searched by the

constable.

(4) A search under this section is to be carried out for the purpose of ensuring the health,

safety or security of people on the premises or at the event.

(5) Anything seized by a constable in the course of a search carried out under this section

may be retained by the constable.>

41

Section C1

Michael Matheson

9 Move section C1 to after section 56

Before section D1

Michael Matheson

10 Before section D1, insert—

<Publication of information by police

(1) The Police Service of Scotland must ensure that, as soon as practicable after the end of

each reporting year, information is published on how many times during the reporting

year a search was carried out by a constable—

(a) of a person not in police custody, and

(b) otherwise than under the authority of a warrant expressly conferring a power of

search.

(2) So far as practicable, the information is to disclose (in addition)—

(a) how many persons were searched on two or more occasions,

(b) the age and gender, and the ethnic and national origin, of the persons searched,

(c) the proportion of searches that resulted in—

(i) something being seized by a constable,

(ii) a case being reported to the procurator fiscal,

(d) the number of complaints made to the Police Service of Scotland about the

carrying out of searches (or the manner in which they were carried out).

(3) In this section, “reporting year” means a yearly period ending on 31 March.>

Section D1

Elaine Murray

11 In section D1, page 2, line 18, at end insert—

<( ) send a copy of the proposed regulations to—

(i) the Chief Constable of the Police Service of Scotland,

(ii) the Scottish Human Rights Commission,

(iii) the Commissioner for Children and Young People in Scotland, and

(iv) such other persons as the Scottish Ministers consider appropriate.>

Elaine Murray

12 In section D1, page 2, line 18, at end insert—

<( ) When laying before the Scottish Parliament a draft of an instrument containing

regulations under this section, the Scottish Ministers must also so lay a statement—

42

(a) giving reasons for wishing to make the regulations as currently framed (and

confirming whether the regulations will amend the relevant enactment in the same

way as shown in the proposed regulations),

(b) summarising—

(i) the responses received by them to the public consultation on the proposed

regulations,

(ii) the representations made to them by the persons to whom a copy of the

proposed regulations was sent.>

Michael Matheson

13 Move section D1 to after section 56

Section E1

Michael Matheson

14 Move section E1 to after section 56

Section F1

Michael Matheson

15 Move section F1 to after section 56

Section G1

Michael Matheson

16 In section G1, page 3, line 7, after <out> insert <(in particular)>

Michael Matheson

17 In section G1 page 3, line 8, leave out <such a search> and insert <a search of such a person>

Michael Matheson

18 In section G1, page 3, leave out lines 10 and 11 and insert—

<(c) in relation to such a search—

(i) the record to be kept,

(ii) the right of someone to receive a copy of the record.>

Michael Matheson

19 In section G1, page 3, leave out line 12

Michael Matheson

20 Move section G1 to after section 56

Section H1

Michael Matheson

21 In section H1, page 3, line 30, leave out subsection (2A) and insert—

43

<(2A) So far as practicable, a review conducted under subsection (2) must be completed within

6 months of the day on which the review begins.>

Michael Matheson

22 In section H1, page 4, line 2, leave out <to K1> and insert <, J1 (except subsection (3)) and K1

(except subsection (2A))>

Michael Matheson

23 Move section H1 to after section 56

Section I1

Michael Matheson

24 Move section I1 to after section 56

Section J1

Michael Matheson

25 In section J1, page 4, line 20, at end insert—

<( ) the Police Investigations and Review Commissioner,>

Michael Matheson

26 In section J1, page 4, leave out line 23

Michael Matheson

27 In section J1, page 4, line 24, at end insert—

<(3) Subsection (1) or (2) is complied with in relation to a code of practice having (or to

have) effect for the first time even if the consultation has been initiated before the day on

which this section comes into force.>

Michael Matheson

28 Move section J1 to after section 56

Section K1

Michael Matheson

29 In section K1, page 4, line 26, leave out <a day appointed> and insert <the day appointed for the

code>

Michael Matheson

30 In section K1, page 4, line 31, leave out subsection (2A) and insert—

<(2A) No later than at the end of the 12 months beginning with the day on which this section

comes into force, there must be so laid a draft of an instrument containing regulations

bringing a code of practice into effect.>

Michael Matheson

31 Move section K1 to after section 56

44

Section L1

Michael Matheson

32 Leave out section L1

Section 4

Michael Matheson

33 In section 4, page 6, line 36, after <19(2)> insert <, or

( ) section 28(3A) of the 1995 Act>

Section 7

Michael Matheson

34 In section 7, page 9, line 23, after <offence> insert <, or

( ) the person is detained under section 28(1A) of the 1995 Act (which allows for

detention in connection with a breach of bail conditions)>

Section 11

Michael Matheson

35 In section 11, page 10, line 1, after <12A> insert <, or



Section 12A

Michael Matheson

36 In section 12A, page 10, leave out line 23 and insert—

<( ) is of, or above, the rank of—

(i) inspector, if a constable believes the person to be 18 years of age or over,

(ii) chief inspector, if a constable believes the person to be under 18 years of

age, and>

Michael Matheson

37 In section 12A, page 11, line 12, after <offence> insert <, or



Section 9

Michael Matheson

38 In section 9, page 12, line 11, after <offence> insert <, or



45

Section 14

Elaine Murray

39 In section 14, page 13, line 32, after <offence> insert <(including, for example, a condition aimed

at securing that the person does not interfere with witnesses or evidence)>

Section 20

Michael Matheson

40 In section 20, page 19, line 26, after <sergeant> insert <or above>

Section 24

Michael Matheson

41 In section 24, page 22, line 19, leave out <the constable is satisfied that>

Michael Matheson


<( ) A decision to allow the person to be interviewed without a solicitor present by virtue of

subsection (4) may be taken only by a constable who—

(a) is of the rank of sergeant or above, and

(b) has not been involved in investigating the offence about which the person is to be

interviewed.>

Section 25

Michael Matheson

43 In section 25, page 23, line 17, leave out <in> and insert <by>

Section 26

Michael Matheson


<( ) For the avoidance of doubt, nothing in this section is to be taken to mean that a constable

cannot put questions to the person in relation to any other matter.>

Section 30

Michael Matheson

45 In section 30, page 26, line 35, leave out <a> and insert <an appropriate>

Michael Matheson


<( ) In subsection (5), “an appropriate constable” means a constable who—


46

(b) has not been involved in the investigation in connection with which the person is

in custody.>

Section 32

Michael Matheson


<( ) A decision to refuse or restrict access to a person in custody under subsection (1) or (2)

may be taken only by a constable who—



in custody.>

Section 32A

Michael Matheson

48 In section 32A, page 29, line 17, at end insert—

<( ) A decision to refuse or restrict access to a person in custody under subsection (4)(b) may

be taken only by a constable who—



in custody.>

Section 36

Michael Matheson

49 In section 36, page 31, line 9, leave out from <a> to <it> in line 10 and insert <the person’s

exercise of the right under subsection (1) may be delayed so far as that>

Michael Matheson


<( ) A decision to delay the person’s exercise of the right under subsection (1) may be taken

only by a constable who—



in custody.>

Section 52A

Michael Matheson

51 In section 52A, page 35, line 1, leave out subsection (7) and insert—

<(7) A court or tribunal in civil or criminal proceedings must take the code of practice into

account when determining any question arising in the proceedings to which the code is

relevant.>

47

Section 53A

Michael Matheson

52 In section 53A, page 35, line 27, leave out from <in respect> to end of line 28 and insert <under

section 1.>

Section 56

Michael Matheson


<( ) the person is brought before a court under section 28(2) or (3) of the 1995 Act,>

Section 64

Michael Matheson

54 Leave out section 64

Section 67

Michael Matheson

55 In section 67, page 41, line 10, leave out <cross-heading> and insert <heading>

Section 73

Michael Matheson

56 In section 73, page 42, line 36, leave out <not constituted by a stipendiary magistrate> and insert

<(however constituted)>

Michael Matheson

57 In section 73, page 42, line 37, leave out leave out from first <a> to <summarily> in line 38 and

insert <the sheriff court sitting in summary proceedings>

Michael Matheson

58 In section 73, page 42, line 39, leave out leave out <sitting as a court of solemn jurisdiction> and

insert <court sitting in solemn proceedings>

Section 76

Michael Matheson

59 In section 76, page 44, line 5, leave out <High Court> and insert <Sheriff Appeal Court>

Michael Matheson


Michael Matheson


48

Section 80

Michael Matheson


Section 81

Michael Matheson

63 In section 81, page 46, line 2, leave out subsection (2)

After section 81

Michael Matheson

64 After section 81, insert—

<Courts reform: spent provisions

In schedule 3 to the Courts Reform (Scotland) Act 2014, the following provisions are

repealed—

(a) in paragraph 10, sub-paragraphs (4), (5) and (8),

(b) paragraph 22,

(c) paragraph 25.>

After section 82B

Michael Matheson

65 After section 82B, insert—

<CHAPTER

SUPPORT FOR VULNERABLE PERSONS

Meaning of appropriate adult support

(1) For the purposes of this Chapter, “appropriate adult support” means—

(a) support of the sort mentioned in subsection (3) of section 33 that is provided to a

person about whom intimation has been sent under subsection (2) of that section,

and

(b) such other support for vulnerable persons in connection with a criminal

investigation or criminal proceedings as the Scottish Ministers specify by

regulations.

(2) In regulations under subsection (1)(b), the Scottish Ministers may, in particular, specify

support by reference to—

(a) the purpose it is to serve,

(b) the description of vulnerable persons to whom it is to be available, and

(c) the circumstances in which it is to be available.

(3) For the purposes of this section—

“vulnerable person” means a person who, owing to mental disorder, is—

(a) unable to understand sufficiently what is happening, or

49

(b) communicate effectively,

in the context of a criminal investigation or criminal proceedings,

“mental disorder” has the meaning given by section 328 of the Mental Health

(Care and Treatment) (Scotland) Act 2003.

(4) The Scottish Ministers may by regulations amend the definitions of “vulnerable person”

and “mental disorder” in subsection (3) for the purpose of making them consistent with

(respectively) subsections (1)(c) and (5)(a) of section 33.>

Michael Matheson


<Responsibility for ensuring availability of appropriate adults

The Scottish Ministers may by regulations—

(a) confer on a person the function of ensuring that people are available to provide

appropriate adult support—

(i) throughout Scotland, or

(ii) in a particular part of Scotland, and

(b) make provision about how that function may or must be discharged.>

Michael Matheson


<Assessment of quality of appropriate adult support


(a) confer on a person the functions of—

(i) assessing the quality of whatever arrangements may be in place to ensure

that people are available to provide appropriate adult support, and

(ii) assessing the quality of any appropriate adult support that is provided, and

(b) make provision about how those functions may or must be discharged.>

Michael Matheson


<Training for appropriate adults


(a) confer on a person the function of—

(i) giving to people who provide, or wish to provide, appropriate adult support

training in how to provide that support,

(ii) giving to other people specified by the Scottish Ministers in the regulations

training in how to deal with people who need appropriate adult support, and

(b) make provision about how that function may or must be discharged.>

Michael Matheson


50

<Recommendations from quality assessor and training provider

(1) A person upon whom a function has been conferred by virtue of section (Assessment of

quality of appropriate adult support) or (Training for appropriate adults) may—

(a) make to a provider of appropriate adult support recommendations about the way

that appropriate adult support is provided,

(b) make to the Scottish Ministers recommendations about the exercise of their

powers under section 53B and the provisions of this Chapter.

(2) A provider of appropriate adult support must have regard to any recommendation made

to it under subsection (1)(a).

(3) The Scottish Ministers must have regard to any recommendation made under subsection

(1)(b).

(4) In this section, “a provider of appropriate adult support” means a person upon whom the

function of ensuring that people are available to provide appropriate adult support has

been conferred by virtue of section (Responsibility for ensuring availability of

appropriate adults).>

Michael Matheson


<Duty to ensure quality assessment takes place

If, by virtue of regulations under section (Responsibility for ensuring availability of

appropriate adults), a person has the function of ensuring that people are available to

provide appropriate adult support, it is the Scottish Ministers’ duty to ensure that there is

a person discharging the functions mentioned in section (Assessment of quality of

appropriate adult support)(a).>

Michael Matheson


<Elaboration of regulation-making powers under this Chapter

(1) A power under this Chapter to confer a function on a person by regulations may be

exercised so as to confer the function, or aspects of the function, on more than one

person.

(2) A power under this Chapter to make provision by regulations about how a function may

or must be discharged may, in particular, be exercised so as to—

(a) require or allow the person discharging the function to enter into a contract with

another person,

(b) require the person discharging the function to have regard to any guidance about

the discharge of the function issued by the Scottish Ministers.

(3) The powers under this Chapter to make regulations may be exercised so as to—

(a) make such provision as the Scottish Ministers consider necessary or expedient in

consequence of, or for the purpose of giving full effect to, any regulations made in

exercise of a power under this Chapter,

(b) modify any enactment (including this Act),

(c) make different provision for different purposes.>

51

Michael Matheson


<Procedure for making regulations under this Chapter

(1) Regulations under this Chapter are subject to the affirmative procedure.

(2) Prior to laying a draft Scottish statutory instrument containing regulations under this

Chapter before the Scottish Parliament for approval by resolution, the Scottish Ministers

must consult publicly.>

Michael Matheson


<Other powers of Ministers unaffected

Nothing in this Chapter is to be taken to imply that the powers it gives to the Scottish

Ministers to confer functions are the only powers that they have to confer those (or

similar) functions.>

Section 86

Michael Matheson

74 In section 86, page 48, line 28, leave out <or other proceedings is> and insert <is or other

proceedings are>

Michael Matheson

75 In section 86, page 48, line 33, leave out from <or> to second <be> in line 34 and insert <is or

other proceedings are to be held or (as the case may be) any specified hearing is or other

proceedings are being>

Michael Matheson

76 In section 86, page 49, line 13, leave out <such a person’s case if such a> and insert <the person’s

case if the>

Section 90

Michael Matheson

77 In section 90, page 54, line 8, leave out subsection (1) and insert—

<(1) The following provisions come into force on the day after Royal Assent—

(a) sections E1 and G1 to K1,

(b) this Part.>

Schedule A1

Michael Matheson

78 In schedule A1, page 58, line 9, leave out <or 21> and insert <, 21 or 21A>

52

Schedule 1

Michael Matheson

79 In schedule 1, page 59, leave out lines 4 to 8

Michael Matheson

80 In schedule 1, page 61, line 11, at end insert—

< In section 28—

(a) after subsection (1) there is inserted—

“(1ZA) Where—

(a) a constable who is not in uniform arrests a person under subsection (1),

and

(b) the person asks to see the constable’s identification,

the constable must show identification to the person as soon as reasonably

practicable.”,

(b) after subsection (3) there is inserted—

“(3A) If—

(a) a person is in custody only by virtue of subsection (1) or (1A), and

(b) in the opinion of a constable there are no reasonable grounds for

suspecting that the person has broken, or is likely to break, a condition

imposed on the person’s bail,

the person must be released from custody immediately.

(3B) An accused is deemed to be brought before a court under subsection (2) or (3)

if the accused appears before it by means of a live television link (by virtue of a

determination by the court that the person is to do so by such means).”.>

Michael Matheson

81 In schedule 1, page 61, line 11, at end insert—

<After section 28 there is inserted—

“28A Application of the Criminal Justice (Scotland) Act 2015 to persons

arrested and detained under section 28

(1) Section 7(2) of the Criminal Justice (Scotland) Act 2015 (“the 2015 Act”) does

not apply to an accused who has been arrested under section 28(1) of this Act.

(2) The following provisions of the 2015 Act apply in relation to a person who is to

be brought before a court under section 28(2) or (3) of this Act as they apply in

relation to a person who is to be brought before a court in accordance with

section 18(2) of the 2015 Act—

(a) section 18A,

(b) section 18B,

(c) section 18C.

(3) In relation to a person who is to be brought before a court under section 28(2)

or (3) of this Act, the 2015 Act applies as though—

53

(a) in section 18B(2)—

(i) for paragraph (c) there were substituted—

“(c) that the person is to be brought before the court under section

28 of the 1995 Act in order for the person’s bail to be

considered.”, and

(ii) paragraph (d) were omitted,

(b) in section 18C—

(i) in subsection (3)(c), for the words “after being officially accused”

there were substituted “after being informed that the person is to be

brought before a court under section 28(2) or (3) of the 1995 Act”,

and

(ii) in subsection (4), for paragraph (c) there were substituted—

“(c) that the person is to be brought before the court under section

28 of the 1995 Act in order for the person’s bail to be

considered.”,

(c) in section 35(1), for paragraph (d) there were substituted—

“(d) the court before which the person is to be brought under

section 28(2) or (3) of the 1995 Act and the date on which

the person is to be brought before that court.”.”.>

Michael Matheson

82 In schedule 1, page 61, line 31, leave out <section 48(5)(b) of> and insert <paragraph 6(5)(b) of

schedule A1 to>

55

Business Bulletin: Wednesday 2 December 2015 Section H – New Documents

Legislative Consent Memorandum

The following memorandum was lodged on 01 December 2015—

Michael Matheson, Cabinet Secretary for Justice: Legislative Consent Memorandum UK Armed Forces Bill (UK Parliament legislation) LCM(S4)39.1

Committee Reports For further information on accessing committee reports, please contact the relevant clerk or webpage (see end of Bulletin for contact details or access general committee webpage)

57


Section J – Progress of Legislation

For further information on the progress of Bills and subordinate legislation, contact either the relevant clerk or webpage (see end of Bulletin for details).

Bills in Progress

A list of all Bills in progress can be accessed via the Scottish Parliament website at:

http://www.scottish.parliament.uk/parliamentarybusiness/Bills/576.aspx

For each Bill, the date of the next (or most recent) event in the Bill’s passage is given. Other relevant information, e.g. about lodging amendments, is given in italics.

As soon as a Public Bill (i.e. a Government, Committee or Member’s Bill) has completed Stage 1, amendments for consideration at Stage 2 may be lodged; and as soon as Stage 2 is completed, amendments for Stage 3 consideration may be lodged. The last lodging day for amendments at Stage 2 is three sitting days before the meeting at which those amendments will be considered (e.g. Thursday for a meeting on Tuesday); at Stage 3 it is four days before. Amendments may be lodged until 4.30 pm on any sitting day, except on the last lodging day for Stage 2, when the deadline is 12 noon. A Hybrid Bill is subject to the same rules except in the case of Stage 2 where amendments for consideration may be lodged no earlier than the completion of any consideration of evidence at Stage 2.

Amendments to Private Bills are subject to different deadlines. These are set out in Rule 9A.12 of Standing Orders. Members are advised to lodge amendments in good time before the beginning of a Stage and as early as possible during the day. (G) = Government Bill; (M) = Member’s Bill; (C) = Committee Bill; (P) = Private Bill; (H) = Hybrid Bill. Abusive Behaviour and Sexual Harm (Scotland) Bill (G)

Stage 1 (evidence, lead committee, (Justice)) 24 November 2015

http://www.scottish.parliament.uk/parliamentarybusiness/Bills/576.aspx

58

Alcohol (Licensing, Public Health and Criminal Justice) (Scotland) Bill (M) Stage 1 (evidence, lead committee (Health and Sport)) 10 November 2015

Apologies (Scotland) Bill (M)

Stage 2 (Justice Committee) 8 December 2015 All amendments should be lodged by 12 noon on Thursday 3 December with the clerks in the Legislation Team ([email protected])

Bankruptcy (Scotland) Bill (G)

Stage 1 (evidence, lead committee (Delegated Powers and Law Reform Committee)) 1 December 2015

Burial and Cremation (Scotland) Bill (G)

Stage 1 (evidence, Delegated Powers and Law Reform Committee) 17 November 2015

Carers (Scotland) Bill (G) Stage 2 completed 1 December 2015

Stage 3 amendments may now be lodged with the clerks in the Legislation Team ([email protected])

Community Justice (Scotland) Bill (G)

Stage 1 completed 19 November 2015 Stage 2 amendments may now be lodged with the clerks in the Legislation Team ([email protected])

Criminal Justice (Scotland) Bill (G)

Stage 3 (debate, meeting of the Parliament) 8 December 2015 Amendments should be lodged by 4.30 pm on Wednesday 2 December with the clerks in the Legislation Team ([email protected])

Criminal Verdicts (Scotland) Bill (M)

Stage 1 (lead committee, (Justice)) 24 November 2015 Education (Scotland) Bill (G)

Stage 2 (Day 2) (Education and Culture Committee) 7 December 2015 Amendments to sections 1 to 4 and 18 to 28 and the long title should be lodged by 12 noon on Wednesday 2 December with the clerks in the Legislation Team ([email protected])

mailto:[email protected]





59

Footway Parking and Double Parking (Scotland) Bill (M) Stage 1 (evidence, lead committee (Local Government and Regeneration)) 2 December 2015

Harbours (Scotland) Bill (G)

Passed 27 October 2015 Health (Tobacco, Nicotine etc. and Care) (Scotland) Bill (G)

Stage 1 completed 1 December 2015 Stage 2 amendments may now be lodged with the clerks in the Legislation Team ([email protected])

Higher Education Governance (Scotland) Bill (G)

Stage 1 (evidence, lead committee (Education and Culture)) 10 November 2015 Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Bill (G)

Stage 3 (debate, meeting of the Parliament) 10 December 2015 Amendments should be lodged by 4.30 pm on Friday 4 December with the clerks in the Legislation Team ([email protected])

Interests of Members of the Scottish Parliament (Amendment) Bill (C)


Land Reform (Scotland) Bill (G) Stage 1 (lead committee (Rural Affairs, Climate Change and Environment)) 2 December 2015

Lobbying (Scotland) Bill (G)

Stage 1 (lead committee (Standards, Procedures and Public Appointments Committee)) 3 December 2015

National Galleries of Scotland Bill (P) Preliminary Stage (debate, meeting of the Parliament) 3 December 2015

Preliminary Stage Report – National Galleries of Scotland Bill Committee (1st Report, 2015)

Pentland Hills Regional Park Boundary Bill (M)

Stage 1 (evidence, lead committee (Pentland Hills Regional Park Boundary Bill Committee)) 19 November 2015

Private Housing (Tenancies) (Scotland) Bill (G)

Stage 1 (evidence, lead committee (Infrastructure and Capital Investment Committee)) 2 December 2015

Scottish Elections (Dates) Bill (G)

Stage 1 (evidence, lead committee (Standards, Procedures and Public Appointments Committee)) 3 December 2015




60

Scottish Fiscal Commission Bill (G) Stage 1 (evidence, lead committee (Finance Committee)) 2 December 2015

Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill (M)


Succession (Scotland) Bill (G)

Stage 2 (Delegated Powers and Law Reform Committee) 8 December 2015 Amendments should be lodged by 12 noon on Thursday 3 December with the clerks in the Legislation Team ([email protected])

Transplantation (Authorisation of Removal of Organs etc.) (Scotland) Bill (M)

Stage 1 (evidence, lead committee (Health and Sport)) 1 December 2015 Stage 1 (Finance Committee) 2 December 2015

Subordinate legislation in progress

(date of laying) (Lead Committee)

Affirmative instruments

Lead committee to report by 11 December 2015 Adoption and Children (Scotland) Act 2007 (Amendment of the Children (Scotland) Act 1995) Order 2016 [draft] (2 November 2015) (Education and Culture) (withdrawn and re-laid on 9 November 2015)

Lead committee to report by 13 December 2015 Victims’ Rights (Scotland) Regulations 2015 [draft] (4 November 2015) (Justice) (withdrawn and re-laid on 18 November 2015)

Justice of the Peace Courts (Special Measures) (Scotland) Order 2015 [draft] (4 November 2015) (Justice) (withdrawn and re-laid on 12 November 2015) Scottish Parliament (Elections etc.) Order 2015 [draft] (4 November 2015) (Devolution (Further Powers)) (withdrawn and re-laid on 16 November 2015)

Lead committee to report by 14 December 2015 Budget (Scotland) Act 2015 Amendment Regulations 2015 [draft] (5 November 2015) (Finance) (withdrawn and re-laid on 16 November 2015)

Lead committee to report by 13 January 2016

General Dental Council (Fitness to Practise etc.) Order 2015 [draft] (18 November 2015) (Health and Sport)



61

Lead committee to report by 15 January 2016 Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Treatment of Community Justice Scotland as Specified Authority) Order 2016 [draft] (20 November 2015) (Justice) Secure Accommodation (Scotland) Amendment Regulations 2016 [draft] (20 November 2015) (Education and Culture)

Lead committee to report by 18 January 2016 Community Empowerment (Scotland) Act 2015 (Consequential Modifications and Savings) Order 2016 [draft] (23 November 2015) (Rural Affairs, Climate Change and Environment)

Lead committee to report by 20 January 2016 Continuing Care (Scotland) Amendment Order 2016 [draft] (25 November 2015) (Education and Culture)

Negative instruments Members should note that the deadline for the lead committee to report by is an administrative deadline. Lead committees normally report on negative instruments only after considering a motion recommending annulment of the instrument. Where Members have queries in relation to this deadline, they should contact the clerks to the Delegated Powers and Law Reform Committee.

Subject to annulment by 4 December 2015 Lead Committee to report by 30 November 2015

General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules Order of Council 2015 (SI 2015/1758) (12 October 2015) (Health and Sport)

Subject to annulment by 7 December 2015 Lead Committee to report by 7 December 2015

European Maritime and Fisheries Fund (Grants) (Scotland) Regulations 2015 (SSI 2015/359) (29 October 2015) (Rural Affairs, Climate Change and Environment)


Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2015 (SSI 2015/363) (30 October 2015) (Health and Sport)

62


Private Rented Housing Panel (Tenant and Third Party Applications) (Scotland) Regulations 2015 (SSI 2015/369) (2 November 2015) (Infrastructure and Capital Investment)

Diligence against Earnings (Variation) (Scotland) Regulations 2015 (SSI 2015/370) (2 November 2015) (Economy, Energy and Tourism)


Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2015 (SSI 2015/376) (5 November 2015) (Rural Affairs, Climate Change and Environment)

Snares (Training) (Scotland) Order 2015 (SSI 2015/377) (5 November 2015) (Rural Affairs, Climate Change and Environment)


Sheriff Appeal Court Fees Order 2015 (SSI 2015/379) (6 November 2015) (Justice)


Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2015 (SSI 2015/380) (9 November 2015) (Justice) Scottish Tribunals (Eligibility for Appointment) Regulations 2015 (SSI 2015/381) (9 November 2015) (Justice)

Subject to annulment by 13 January 2016 Lead Committee to report by 11 January 2016

Energy Performance of Buildings (Scotland) Amendment Regulations 2015 (SSI 2015/386) (18 November 2015) (Local Government and Regeneration) Act of Sederunt (Fees of Solicitors in the Sheriff Appeal Court) 2015 (SSI 2015/387) (18 November 2015) (Justice)


Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2015 (SSI 2015/392) (20 November 2015) (Rural Affairs, Climate Change and Environment)

63

Animal By-Products (Miscellaneous Amendments) (Scotland) Regulations 2015 (SSI 2015/393) (20 November 2015) (Rural Affairs, Climate Change and Environment) Seed Potatoes (Scotland) Regulations 2015 (SSI 2015/395) (20 November 2015) (Rural Affairs, Climate Change and Environment) Seed Potatoes (Fees) (Scotland) Regulations 2015 (SSI 2015/396) (20 November 2015) (Rural Affairs, Climate Change and Environment) Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 8 and Consequential Provisions) Order 2015 (SSI 2015/397 (C.49)) (20 November 2015) (Justice) Litigants in Person (Costs and Expenses) (Sheriff Appeal Court) Order 2015 (SSI 2015/398) (20 November 2015) (Justice)


Community Right to Buy (Scotland) Regulations 2015 (SSI 2015/400) (23 November 2015) (Rural Affairs, Climate Change and Environment

Trade in Animals and Related Products (Scotland) Amendment Regulations 2015 (SSI 2015/401) (23 November 2015) (Rural Affairs, Climate Change and Environment)

Other documents Lead Committee to report by 13 December 2015

Public Services Reform (Social Work Complaints Procedure) (Scotland) Order 2016 [draft] (SG/2015/149) (29 September 2015) (Health and Sport) Public Services Reform (Social Work Complaints Procedure) (Scotland) Order 2016 - Explanatory Document (SG/2015/150) (29 September 2015) (Health and Sport)

Lead Committee to report by 14 December 2015 Public Services Reform (Insolvency) (Scotland) Order 2016 [draft] (SG/2015/156) (30 September 2015) (Economy, Energy and Tourism) Public Services Reform (Insolvency) (Scotland) Order 2016 - Explanatory Document (SG/2015/157) (30 September 2015) (Economy, Energy and Tourism)

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