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Business Bulletin No. 80 / 2003

Monday 2nd June 2003

Section F : Motions and Amendments


A full list of current motions is available to view each Monday in paper copy at the Chamber Desk or alternatively on the Scottish Parliament web site as Current Motions. The full text of all motions lodged the previous week will appear in the Business Bulletin the following Monday.


Items marked with an asterisk (*) are new or have been altered. Asterisks in the text show the extent of alterations made.

Motions which members wish to be considered for debate as members’ business in the Parliament are marked with a hash symbol (#)

*S2M-98# John Swinburne: Regulation of Care Home Provision—That the Parliament recognises that standards are not as required in some residential homes; notes with concern the apparent inconsistent care of the elderly within some care and nursing homes where, despite being charged nearly 400 per week for their care, residents develop malnutrition from not receiving proper meals or are abused at the hands of care workers; considers therefore that the Scottish Executive should ensure that its regulating care commission regularly monitors all care homes, is given more powers to address the incidence of poor care provided in residential homes by tightening their registration and regulation and improving the standards of staff training required, and further considers that appropriate action should be taken against residential home owners who are guilty of mismanagement and unacceptable care.

*S2M-97 Mr Andy Kerr: Education (School Meals) (Scotland) Bill - Financial Resolution—That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Education (School Meals) (Scotland) Bill, agrees to any increase attributable to that Act in expenditure payable out of the Scottish Consolidated Fund by or under any other Act.

*S2M-96 Mike Pringle: European Football Achievements of Scottish Clubs—That the Parliament congratulates Celtic Football Club on its UEFA Cup achievements this season; welcomes the increase in Scotland's co-efficient as a result of this run, pushing us up the UEFA rankings; congratulates the Celtic fans on the fantastic impression they left in Seville; further congratulates all Scottish teams that qualified for European football next season, and sends best wishes to Rangers and Celtic in the Champions League and Heart of Midlothian and Dundee in the UEFA Cup.

*S2M-95 Mike Pringle: Edinburgh Fringe and International Festival—That the Parliament acknowledges the importance of the role of the Edinburgh Fringe and International Festival in the annual calendar of Scottish tourism and its huge magnetism for the global tourism market; notes the wealth of jobs it gives rise to, both in Edinburgh and throughout Scotland; recognises the difficulties faced by the organisers this year in the wake of the fire in the Cowgate area of the city, both in finding alternative venues and promoting a "business as usual" image to the international market, and urges the Scottish Executive to work with VisitScotland to ensure that the festival organisers have the necessary support and assistance to make this year's festival a success.

S2M-94 Jackie Baillie: Charity Law Reform—That the Parliament notes that existing charity law is based on a statute that was passed in 1601 and therefore in urgent need of modernisation to reflect today's public perception of a charity; believes that the recommendations arising from the McFadden Commission form the basis of a robust legislative framework fit for the 21st century; recognises public concern about ensuring that charitable donations are used for the core purpose of a charity; welcomes the Scottish Executive's intention to establish the Office of the Scottish Charities Regulator (OSCR) to monitor the activities of charities and ensure transparency; notes that the OSCR will not have full statutory powers to cover all of its functions and that the Scottish Executive will keep under review the need for legislation, but, nevertheless, considers that the urgent need for a comprehensive charities bill is essential to creating a pro-active system of regulation to restore public confidence.

Supported by: Mr Mark Ruskell*, Patrick Harvie*, Mark Ballard*

S2M-93# Donald Gorrie: Promoting Arts Organisations in Scotland—That the Parliament notes the success of the collective enterprise of Edinburgh’s arts organisations in co-operating through The Audience Business to produce accurate statistics for numbers of people attending arts events and working in the arts and to develop a systematic, sustained programme of increasing audience numbers, and considers that the Scottish Executive and the Scottish Arts Council should co-operate with arts organisations and local authorities in promoting similar schemes throughout Scotland.

Supported by: Mr Brian Monteith*

S2M-92 Rhona Brankin: Scottish Brass Band Week 2003—That the Parliament welcomes Scottish Brass Band Week 2003, 24 to 31 May; recognises the importance of brass band playing, with 80 brass bands in communities across Scotland from Lerwick to Loanhead and Arran to Armadale; further recognises brass bands’ roots in the mills and collieries of Scotland, and congratulates the Scottish Brass Band Association for its promotion of this important cultural tradition.

Supported by: Margaret Jamieson, Mr John Home Robertson, Mr Kenneth Macintosh, Irene Oldfather, Maureen Macmillan, Mr Duncan McNeil, Des McNulty, Jackie Baillie, Dr Sylvia Jackson, Marlyn Glen, Cathie Craigie, Cathy Peattie, Christine May, Scott Barrie, Marilyn Livingstone, Karen Whitefield, Helen Eadie, Pauline McNeill, Dr Elaine Murray, Janis Hughes, Elaine Smith

S2M-91 Mike Pringle: Electoral Registration and Victims of Domestic Abuse—That the Parliament recognises that victims of domestic abuse can become vulnerable to further abuse and intimidation through publication of their names and addresses on the publicly available electoral register; notes the House of Commons Home Affairs Select Committee’s Fourth Report 1997-98, Electoral Law and Administration, which recognised the calls for a means of registering without having to reveal information that could make the elector vulnerable, and calls on the Electoral Commission and the UK Parliament to give consideration to developing a system to allow anonymous electoral registration in exceptional circumstances, while providing safeguards against electoral fraud, as part of the general review of electoral registration.

Supported by: Mr Mark Ruskell*, Patrick Harvie*, Mark Ballard*

S2M-90# Fergus Ewing: Weekend Ban on Scallop Fishing—That the Parliament opposes the introduction of any technical measures for the scallop fishing industry that would include a weekend ban; believes that such a ban (a), if geographically confined, will cause major displacement problems, (b) will produce no conservation benefit, as those who do not already work a five-day week work two 10-day trips a month, which amounts to the same fishing effort, and (c) will disrupt supplies to processors, who rely on continuity of supply, and thereby will threaten continued access to the lucrative Spanish market, particularly the weekend market for which a premium price is presently enjoyed, and notes that, in contrast to the lack of any contribution of a weekend ban to effective conservation measures, measures that would make a real and significant contribution to conservation have been proposed and developed by the Scallop Association and the Mallaig and North West Fishermans Association, which would enhance conservation whilst allowing the industry to remain viable.

S2M-89# Mr Jamie Stone: Rural Rail Services—That the Parliament notes that the contract to operate Scotland’s internal rail services over the next seven years is shortly to be awarded; recognises that the provision of affordable, reliable and regular rail services across all of the Scottish network is important to the social and economic well-being of communities, and believes that, in considering the tender proposals offered by the competing train operators, the vital needs of communities served by rural lines should not be forgotten.

Supported by: Mr Mark Ruskell*, Patrick Harvie*, Mark Ballard*

S2M-88# Christine Grahame: Minch Moor —That the Parliament notes the concerns of local people, hill-walkers and ramblers about the application by AMEC Ltd to locate a wind farm at Minch Moor, near Innerleithen and Walkerburn in the Scottish Borders, an area designated by Scottish Borders Council in its 1995 Structure Plan as a "preferred area of search" for wind farms; further notes that the application concerns the erection of 14 turbines some 100 metres high, with at least seven of the turbines being visible from Walkerburn and three being directly adjacent to part of the Southern Upland Way; is aware that, as yet, there is no indication from AMEC Ltd on how and where the power lines will run; shares the local, national and international concern that this unspoiled countryside, including the skyline defined by Priesthope Hill and Windlestraw Law, will be blemished should this development proceed; further shares concerns that tourism in this economically vulnerable area will suffer, and therefore considers that the Scottish Executive should review its planning policy on the proliferation of wind farms and examine planning policy elsewhere in Europe, in particular Germany, Netherlands and Denmark, with the purpose of developing a proactive national planning-led approach to the location of wind farms.

S2M-87# Ms Sandra White: Relocation of European Maritime Safety Agency to Glasgow—That the Parliament notes that the European Maritime Safety Agency is due to relocate from Brussels to elsewhere in the European Union; further notes the long-standing and rich sea-going heritage and ongoing business interests of both Glasgow and Scotland in the maritime sector, and considers that the Scottish Executive, and all relevant bodies, should take all possible steps to have the agency located in Glasgow.

S2M-86# Mark Ballard: Proposals for the Future of Europe—That the Parliament notes the proposals by the Convention on the Future of Europe for an EU constitution and believes that the Scottish Executive should conduct a consultative public referendum on such proposals.

Supported by: Robin Harper, Eleanor Scott, Mr Mark Ruskell*, Patrick Harvie*, Mark Ballard*

S2M-84 Peter Peacock: Education (School Meals) (Scotland) Bill - Stage 1—That the Parliament agrees to the general principles of the Education (School Meals) (Scotland) Bill.

Supported by: Euan Robson

S2M-83 Colin Fox: Cuban Miami Five—That the Parliament expresses concern at the trial and detention in the United States of America of Cuban nationals Antonio Guerrero Rodriguez, Fernando Gonzalez Llort, Gerardo Hernandez Nordelo, Ramon Labanino Salazar and Rene Gonzalez Sehwerert, known as the Miami Five; considers that the nature of the charges, the location of the trial in Miami, Florida, in an atmosphere of media and public intimidation and the length of the sentences subsequently handed down call into question the safety of the judicial process; notes that the immediate families of the detainees have been unable to visit them as they have been denied entry to the USA, and believes that the US Government should support the petition for a retrial and ensure that it is held in a jurisdiction that guarantees a fair trial.

Supported by: Bill Butler, Scott Barrie

S2M-82 Mr John Home Robertson: Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill—That the Parliament agrees that the Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill be passed.

S2M-81# Pauline McNeill: Planning Law —That the Parliament welcomes the forthcoming Planning Bill proposed by the Scottish Executive in the consultation paper Your place, your plan: A White Paper on Public Involvement in Planning; considers that the consultation is of extreme importance in assessing the outstanding needs to improve our planning law; believes that there is a particular need to build in greater fairness for local residents affected by planning decisions and that changes to the law should include a qualified right of appeal against decisions of the planning authority for those directly affected by a planning decision; further believes that there must be improvements in the neighbourhood notification system and a new right for objectors to receive some expert assistance to present their case; believes that, as the relevant elected representatives, MSPs should be directly notified by the Scottish Executive of planning appeals received from within their constituencies, and considers that the Executive should consider fully these changes and ensure that the process of decision making in planning is open and transparent at both local authority and Executive level.

Supported by: Tommy Sheridan, Bill Butler, Jackie Baillie, Susan Deacon*

S2M-80 Pauline McNeill: MTV Awards—That the Parliament appreciates the contribution made by the Scottish contemporary music industry to Scottish arts and culture and, most particularly to, the Scottish economy; notes the broad range of talents and skills within the industry, including songwriters, musicians, educators, producers, technicians, small business record labels, recording studios, broadcasters, agents, promoters and venue and festival organisers; is proud of the diverse range of music courses available throughout Scotland; congratulates Edinburgh on securing the MTV Awards, to be held in Leith later this year, and wishes the best of luck to all Scottish nominees and participants.

Supported by: Tommy Sheridan, Scott Barrie, Jackie Baillie, Susan Deacon*

S2M-79# Pauline McNeill: Local Bus Routes —That the Parliament expresses concerns over powers of deregulated bus operators to alter local bus routes without prior consultation and notice to local communities; believes that it is not acceptable that profitability is put before access in such cases; is particularly concerned about the adverse effect of such changes on older people, those with disabilities and parents with young children, restricting their access to vital services and facilities; notes that the negative experience of such changes in communities such as Bromhill, Anderson and Townhead in Glasgow has resulted in community campaigns to reinstate bus services; further notes that there is currently no legal requirement for bus operators to consult members of the public on the variation of bus routes and that bus operators are reluctant to provide advance warning of changes owing to commercial sensitivities; notes that there is no statutory duty for a strategic authority to assess gaps created in bus services, and believes that measures should be considered by the Parliament to create statutory duties on bus operators to consult communities on proposed changes to local bus routes and to ensure that bus operators serve hospitals and key services, regardless of profitability.

Supported by: Tommy Sheridan, Bill Butler, Jackie Baillie, Mr Mark Ruskell*, Patrick Harvie*

S2M-78 Pauline McNeill: Official Visit by Delegates from the Palestinian Authority, 26-28 June 2003—That the Parliament welcomes the official visit to the Scottish Parliament by a delegation from the Palestinian Authority from 26 to 28 June 2003, organised by the British Council; notes that the Palestinian Authority is the official legislative body of the Palestinian people; recognises that the development of democracy and administrative organisation in the Palestinian Authority can benefit greatly from co-operation of the Scottish Parliament and hopes that this visit will represent only the beginning of a positive and practical relationship with the Palestinian Authority; further recognises the extremely difficult circumstances in which the Palestinian Authority must operate, particularly the on-going occupation by the Israeli Defence Force; aspires to a settled peace in the Middle East for both the Palestinian and Israeli peoples; considers that the Road Map for Peace represents an opportunity to establish an independent Palestinian state within three years; insists that the Road Map for Peace process must be a genuine attempt to meet the aspirations of the Palestinian people, including those currently with no right of return to their homeland, and calls on the Government of Israel to halt the building of illegal settlements and withdraw from the occupied territories immediately.

Supported by: Tommy Sheridan, Bill Butler, Scott Barrie, Jackie Baillie

S2M-75 Campbell Martin: North Ayrshire Leisure Limited—That the Parliament condemns the action of North Ayrshire Leisure Limited, a company formed, and primarily funded, by North Ayrshire Council, in banning the Auchenharvie Ice Dance and Figure Skating Club from operating a small tuck shop selling "20p mixtures" of sweets and non-fizzy drinks, proceeds of which were used to help fund the development of skating and ice dance talent among young people in the north Ayrshire area; notes that this action will mean that the club may now struggle to meet financial obligations to its young members in terms of dance and skating development and recognition of achievement, and deplores the fact that North Ayrshire Leisure Limited appears to be putting profit before sporting development by advising club members that they should instead use vending machines selling over-priced and unhealthy chocolate bars and fizzy drinks.

Supported by: Christine Grahame, Michael Matheson, Ms Sandra White, Jim Mather, Roseanna Cunningham, Mr Stewart Maxwell, Mr Kenny MacAskill, Mr Adam Ingram, Brian Adam, Tommy Sheridan, Chris Ballance, Shiona Baird, Patrick Harvie, Alex Neil, Robin Harper*

S2M-74# Mr Mark Ruskell: Terrestrial Trunked Radio Masts—That the Parliament considers that there should be a halt to the introduction of terrestrial trunked radio (TETRA) masts throughout Scotland until such time as (a) safety standards specifically relating to TETRA technology are drawn up and (b) TETRA masts and equipment are fully tested against such standards and any adverse health effects identified and made public.

Supported by: Tommy Sheridan, Patrick Harvie*, Mark Ballard*

S2M-70# Pauline McNeill: Maternity Services in Glasgow—That the Parliament expresses support for the unique child and maternal healthcare link at Yorkhill NHS Trust, Glasgow; notes that the Queen Mother's Hospital at Yorkhill currently caters for 3,400 births each year and is expected to take on extra births from other NHS boards; further notes that the Royal Hospital for Sick Children is a national centre of excellence in many fields of paediatric care; is concerned that the review of maternity services, announced by Greater Glasgow NHS Board on 20 May, 2003, may threaten the long-term future of both the Queen Mother’s Hospital and the Royal Hospital for Sick Children; notes the vigorous campaign involving parents, the local community and elected representatives only four years ago against the proposed removal of Yorkhill NHS Trust from its existing site in the west of Glasgow, and believes that the Greater Glasgow NHS Board should consider responses to its previous consultation on the future of Yorkhill NHS Trust and the implications of breaking up the paediatric-maternity care link alongside any new consultation to be organised on the future of maternity services in Glasgow.

Supported by: Bill Butler, Tommy Sheridan, Ms Sandra White, Jackie Baillie, Patrick Harvie*

S2M-69# Sarah Boyack: Fair Credit Schemes—That the Parliament welcomes the recently published in-depth report into personal debt in the UK, In Too Deep, produced by the citizens advice bureau (CAB) service in Scotland, England, Wales and Northern Ireland; acknowledges the Scottish context of the report; notes with concern the report's findings that more people in Scotland blamed low incomes than elsewhere in the UK and more people coped with their debt problem by taking out further borrowing than elsewhere in the UK; further notes that personal debt is nearly always connected to other problems in people’s lives such as loss of job or ill-health; notes that the number of debt cases brought to citizens advice bureaux in Scotland is at an all-time high with nearly 60,000 new debt enquiries last year; recognises the link between CAB clients and MSPs’ constituents and therefore supports the invaluable work of Scotland’s CAB service as a vital provider of free, independent, impartial and comprehensive advice and as the leading voice on the issue of personal debt in Scotland today; welcomes the commitments in A Partnership for a Better Scotland to support the extension of the money advice service, building on the work of the CAB and other bodies to assist those burdened by multiple debt, and considers that the Scottish Executive should increase access to affordable credit for people on very low incomes and, as a matter of urgency, take action on the commitment from A Partnership for a Better Scotland to work with the Department of Trade and Industry to introduce fairer credit schemes and protection from exorbitant interest rates.

Supported by: Karen Gillon, Jackie Baillie, Des McNulty, Margaret Jamieson, Bill Butler, Mr Kenneth Macintosh, Maureen Macmillan, Ms Wendy Alexander, Tommy Sheridan, Kate Maclean, Susan Deacon, Janis Hughes, Ms Sandra White, Dr Sylvia Jackson, Scott Barrie

S2M-68 John Swinburne: Airdrieonians FC—That the Parliament recognises that it is time that the great Lanarkshire football club of Airdrieonians FC, which was formed in 1878, has it title returned to its rightful place in the community to supersede the temporary title, Airdrie United; further recognises that had the proud Airdrieonians not been forced into liquidation last season, Falkirk FC would have been relegated and would only now be returning to the First Division, and therefore calls on the Scottish Executive to intercede on behalf of the Airdrie community and demand the return of the proud title "Airdrieonians FC" from the administrators, KPMG.

S2M-67# Dennis Canavan: Scottish Premier League's Treatment of Falkirk Football Club—That the Parliament condemns the decision of the Scottish Premier League (SPL) to reject the application from Falkirk Football Club, as champions of the Scottish Football League's First Division, to join the SPL, despite the fact that the SPL stadium criteria would be met both by the club's new stadium, under construction at Westfield, and by the Excelsior Stadium at Airdrie, of which Falkirk Football Club would have guaranteed use for all SPL home fixtures for the 2003-04 season, and believes that the Scottish Executive should make it a condition of any future public funding of SPL members that the criteria for admission to the SPL do not infringe any principles of natural justice and that any application for admission is assessed in an open and accountable manner.

Supported by: Carolyn Leckie, Brian Adam, Christine Grahame, Fergus Ewing, Mrs Margaret Ewing, Cathy Peattie, Dr Jean Turner, Michael Matheson, Mark Ballard, Robin Harper, Patrick Harvie, Eleanor Scott, Stewart Stevenson, Helen Eadie, Mike Pringle, Chris Ballance, Tommy Sheridan, Phil Gallie, Mr Jamie McGrigor, Donald Gorrie, Dr Sylvia Jackson, Bruce Crawford, Alex Neil, Mr Bruce McFee, Christine May

S2M-66 Rosie Kane: Tying Aid to Acceptance of Genetically Modified Organisms—That the Parliament condemns outright the immoral and unethical actions of the US Government in tying food and assistance for AIDS victims to the acceptance of genetically modified organisms; vigorously opposes the US case at the World Trade Organisation opposing the EU moratorium on genetically modified organisms, and calls on Her Majesty’s Government to do the same.

Supported by: Carolyn Leckie, Richard Lochhead, Patrick Harvie, Eleanor Scott, Chris Ballance, Tommy Sheridan, Ms Sandra White

S2M-65.1 Jackie Baillie: Reduction in Services at Vale of Leven General Hospital—As an amendment to motion (S2M-65) in the name of Frances Curran, leave out from "elderly" to end and insert "services at the Vale of Leven Hospital caused by a combination of the increasing specialisation of staff, particularly in surgery, the inability of Argyll and Clyde NHS Board to attract staff to the area and the demands of Royal College guidelines; further notes the contingency arrangements in place for the provision of maternity services, in partnership with the Queen Mother's Hospital, Glasgow, and for accident and emergency services; welcomes the forthcoming return of maternity services delivered through a midwife-led unit and the prospect of returning full orthopaedic surgery to the Vale of Leven Hospital; recognises the deep concern of local people at the gradual erosion of services and, in particular, at the recent announcement by Argyll and Clyde NHS Board of changes to the accident and emergency service; urges the Scottish Executive to review all the circumstances that led to the decision, and believes that the acute services review, due to be launched in the summer, provides a real opportunity to deliver sustainable and improved healthcare for the future."

S2M-64 Register of Pensioners' Groups (lodged on 22 May 2003) Kate Maclean*

S2M-62 Stereotyping of Young People (lodged on 22 May 2003) Mr Mark Ruskell*, Mark Ballard*

S2M-59# Concorde and the Museum of Flight (lodged on 22 May 2003) Robin Harper*, Mrs Nanette Milne*, Susan Deacon*

S2M-47# Mr Ted Brocklebank: The Need for a New Secondary School in North-East Fife at the Tay Bridgehead—That the Parliament notes the longstanding need for a new secondary school at the Tay Bridgehead in north-east Fife; is aware of widespread local community support in the area for such a school; believes that the school is vital to relieve pressure on Madras College, St Andrews, which is the second largest secondary school in Scotland with a pupil roll of 1,850 and on Bell Baxter High School, Cupar, and further notes that the relocation of an additional squadron to RAF Leuchars will increase the pressure on the existing secondary schools and exacerbate the current situation.

Supported by: Mrs Nanette Milne, Murdo Fraser, Mr Brian Monteith, Alex Johnstone, Mr David Davidson, Lord James Douglas-Hamilton, John Scott, Bill Aitken, Tommy Sheridan

S2M-42# Mid Scotland and Fife Rail Routes (lodged on 20 May 2003) Patrick Harvie*, Mark Ballard*

S2M-17 Relocation of Scottish Natural Heritage Headquarters to Inverness (lodged on 14 May 2003) David Mundell*