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Contents
A : Daily Business List
B : Business Programme
C : Agendas of Committee Meetings
D : Oral Questions selected
E : Written questions lodged
F : Motions and Amendments
G : Bills: Notices and Amendments
H : New Documents
K : Progress of Parliamentary Business

Business Bulletin No. 163 / 2003

Thursday 27th November 2003

Section G: Bills: Notices and Amendments

  

Proposals for Members' Bills

Names marked with an asterisk (*) are new names of support. Proposals that have attracted 11 supporters have those supporters' names shown in bold. The member who lodged such a proposal has the right to introduce a Member's Bill to give effect to that proposal under Rule 9.14 of the Standing Orders.

Mike Pringle: Proposed Environmental Levy Bill-Proposal for a Bill to enable local authorities to impose an environmental levy on specified plastic bags, payable by the consumer at the point of sale. (lodged 27 October 2003)

Supported by: Nora Radcliffe, Margaret Smith, Mr Keith Raffan, Jeremy Purvis, Mike Rumbles, John Farquhar Munro, George Lyon, Mr Jamie Stone, Robert Brown, Donald Gorrie, Margo MacDonald, Christine May, Roseanna Cunningham, Eleanor Scott, Chris Ballance, Mr Stewart Maxwell, Ms Sandra White, Mark Ballard, Robin Harper, Richard Lochhead, Patrick Harvie, Shiona Baird, Mark Ruskell, Iain Smith, Des McNulty*, Jackie Baillie*, Rob Gibson*, Mr Kenny MacAskill*, Linda Fabiani*

Nicola Sturgeon: Proposed EU Constitution Referendum Bill-Proposal for a Bill to require the Scottish Executive to conduct a referendum on the proposed EU Constitution prior to its ratification by the UK Government. (lodged 27 October 2003)

Supported by: Mr Kenny MacAskill, Stewart Stevenson, Brian Adam, Fergus Ewing, Bruce Crawford, Linda Fabiani, Christine Grahame, Mr Rob Gibson, Margo MacDonald, Chris Ballance, Jim Mather, Michael Matheson, Mr Bruce McFee, Roseanna Cunningham, Mr Stewart Maxwell, Alex Neil, Richard Lochhead, Ms Sandra White, Carolyn Leckie, Shona Robison, Mr Adam Ingram, Frances Curran, Tricia Marwick, Mark Ballard, Eleanor Scott, Tommy Sheridan, Fiona Hyslop

Tommy Sheridan: Proposed Scottish Railway Company Bill-Proposal for a Bill to establish a publicly owned Scottish Railway Company responsible for all aspects of the rail network, both passenger and freight, in Scotland. (lodged 4 November 2003)

Supported by: Eleanor Scott, Mr Mark Ruskell, Robin Harper, Rosie Kane, Ms Rosemary Byrne, Carolyn Leckie, Campbell Martin, Colin Fox, Mark Ballard, Shiona Baird, Chris Ballance, John Swinburne, Frances Curran, Margo MacDonald

Ms Rosemary Byrne: Proposed Community Based Drug Facilities (Scotland) Bill-Proposal for a Bill to require demand led local facilities for drug misusers providing treatment and support including: maintenance prescribing, detoxification, rehabilitation, counselling and social support. (lodged 25 November 2003)

Supported by: Patrick Harvie, Eleanor Scott, Shiona Baird, Mr Mark Ruskell, Robin Harper, Mark Ballard, Chris Ballance, Rosie Kane, Frances Curran, Tommy Sheridan, Carolyn Leckie, Dr Jean Turner, Margo MacDonald, Colin Fox

Christine Grahame: Proposed Transportation and Sale of Puppies (Scotland) Bill-Proposal for a Bill to safeguard the health and welfare of puppies by restricting their sale until they reach a minimum age and requiring them to have specified documentation when transported for sale. (lodged 25 November 2003)

Supported by: Chris Ballance, Dr Sylvia Jackson, Ms Rosemary Byrne, Phil Gallie, Margaret Smith, Margaret Jamieson, Alex Neil, Mr Stewart Maxwell, Rob Gibson, Campbell Martin, Frances Curran, Tommy Sheridan, Mr Kenny MacAskill*, Brian Adam*, Mr Adam Ingram*, Bruce Crawford*, Ms Sandra White*, Michael Matheson*, Mr Ted Brocklebank*, Mr David Davidson*, Mrs Margaret Ewing*, Linda Fabiani*, Patrick Harvie*, Robin Harper*, Eleanor Scott*, Shiona Baird*, Pauline McNeill*, Mr Andrew Welsh*, John Swinburne*

New amendments to Bills lodged on 26 November 2003

 

Vulnerable Witnesses (Scotland) Bill – Stage 2

Section 1

Jackie Baillie

24 In section 1, page 1, line 26, after <witness> insert—

<(vi) the person has a mental illness,

(wi) the person has a learning disability,

(xi) the person is the victim of an alleged sexual offence (within the meaning of section 288C of the Criminal Procedure (Scotland) Act 1995 (c.46)) to which the proceedings relate,

(yi) the person is the victim of an alleged offence involving abuse (within the meaning of section 7 of the Protection from Abuse (Scotland) Act (asp 14)) to which the proceedings relate, or

(zi)>

Jackie Baillie

25 In section 1, page 2, leave out lines 1 and 2

Jackie Baillie

26 In section 1, page 2, line 5, leave out <(1)(b)> insert <(1)(b)(zi)>

Jackie Baillie

27 In section 1, page 2, line 18, leave out <disability> and insert <or mental disability or impairment>

Maureen Macmillan

28 In section 1, page 2, line 24, leave out <section> and insert <sections (Identification of vulnerable witnesses) and>

Maureen Macmillan

29 In section 1, page 2, line 34, at end insert—

<Identification of vulnerable witnesses

(1) A report concerning the alleged commission of an offence to the procurator fiscal by a police constable shall specify whether, in the opinion of that police constable, any potential witness identified in that report is, or may be, a vulnerable witness.

(2) Each party to proceedings in which a trial is to be held shall, as soon as practicable after the commencement of those proceedings, consider whether—

(a) any witness likely to be cited by that party to give evidence at or for the purposes of the trial is, or is likely to be, a vulnerable witness, and

(b) an application under section 271C(2) should be made in relation to any such witness who is not a child witness.>

Maureen Macmillan

30 In section 1, page 3, line 3, after <shall,> insert <as soon as practicable after complying with the duty in section (Identification of vulnerable witnesses)(2) and, in any case,>

Karen Whitefield

31 In section 1, page 3, line 9, leave out from <child> to <to> and insert <party considers that the child witness should>

Karen Whitefield

32 In section 1, page 3, leave out lines 19 to 36 and insert <, subject to section 271B(3) of this Act—

(a) in the case of a notice under subsection (2)(a) above—

(i) if a standard special measure is specified in the notice, make an order authorising the use of that measure for the purpose of taking the child witness’s evidence, and

(ii) if any other special measure is specified in the notice and the court is satisfied on the basis of the notice that it is appropriate to do so, make an order authorising the use of the special measure (in addition to any authorised by virtue of an order under sub-paragraph (i) above) for the purpose of taking the child witness’s evidence,

(b) in the case of a notice under subsection (2)(b) above, if—

(i) the summary of views accompanying the notice under subsection (3)(a) above indicates that the child witness has expressed a wish to give evidence without the benefit of any special measure, and

(ii) the court is satisfied on the basis of the notice that it is appropriate to do so,

make an order authorising the giving of evidence by the child witness without the benefit of any special measure, or

(c) if—

(i) paragraph (a)(ii) or (b) above would apply but for the fact that the court is not satisfied as mentioned in that paragraph, or

(ii) in the case of a notice under subsection (2)(b), the summary of views accompanying the notice under subsection (3)(a) above indicates that the child witness has not expressed a wish to give evidence without the benefit of any special measure,

make an order that, before the trial diet, there shall be a diet under subsection (10) below and ordain the parties to attend.>

Karen Whitefield

33 In section 1, page 4, line 6, leave out <(5)(b)> and insert <(5)(c)>

Karen Whitefield

34 In section 1, page 4, line 8, leave out <shall>

Karen Whitefield

35 In section 1, page 4, line 9, after <heard> insert—

<(ya) in a case where any of the standard special measures has been authorised by an order under subsection (5)(a)(i) above, may make an order authorising the use of such further special measure or measures as it considers appropriate for the purpose of taking the child witness’s evidence, and

(za) in any other case, shall>

Karen Whitefield

36 In section 1, page 4, line 15, leave out <10(b)> and insert <(10)(za)(ii)>

Maureen Macmillan

37 In section 1, page 4, line 26, at end insert—

<( ) A diet under subsection (10) above may—

(a) on the application of the party citing or intending to cite the child witness in respect of whom the diet is to be held, or

(b) of the court’s own motion,

be held in chambers.>

Karen Whitefield

38 In section 1, page 4, line 32, at end insert—

<( ) In this section, references to a standard special measure are to any of the following special measures—

(a) the use of a live television link in accordance with section 271J of this Act where the place from which the child witness is to give evidence by means of the link is another part of the court building in which the court-room is located,

(b) the use of a screen in accordance with section 271K of this Act, and

(c) the use of a supporter in accordance with section 271L of this Act in conjunction with either of the special measures referred to in paragraphs (a) and (b) above.>

Jackie Baillie

39 In section 1, page 5, line 23, after <is> insert <, or is>

Maureen Macmillan

40 In section 1, page 5, line 27, after <shall,> insert <as soon as practicable after complying with the duty in section (Identification of vulnerable witnesses)(2) and, in any case,>

Jackie Baillie

41 In section 1, page 5, line 38, at end insert—

<( ) An Act of Adjournal made under subsection (3)(b)(ii) above may in particular prescribe what information a vulnerable witness application must contain or be accompanied by in order to satisfy the court that a person is a vulnerable witness by virtue of section 271(1)(b)(vi) or (wi).>

Maureen Macmillan

42 In section 1, page 6, line 29, at end insert—

<( ) A diet under subsection (6) above may—

(a) on the application of the party citing or intending to cite the witness in respect of whom the diet is to be held, or

(b) of the court’s own motion,

be held in chambers.>

Karen Whitefield

43 In section 1, page 8, line 5, leave out <271A> and insert <271A(5)(a)(ii) or (b) or (10)>

Section 7

Jackie Baillie

44 In section 7, page 18, line 1, after <witness> insert—

<( ) the person has a mental illness,

( ) the person has a learning disability,

( ) the person has been the victim of a sexual offence (within the meaning of section 288C of the Criminal Procedure (Scotland) Act 1995 (c.46)) committed by a party to the proceedings,

( ) the person has been the victim of an offence involving abuse (within the meaning of section 7 of the protection from Abuse (Scotland) Act (asp 14)) committed by a party to the proceedings, or

( )>

Jackie Baillie

45 In section 7, page 18, leave out lines 3 and 4

Jackie Baillie

46 In section 7, page 18, line 17, leave out <disability> and insert <or mental disability or impairment>

Maureen Macmillan

47 In section 7, page 18, line 23, after <above> insert <and section (Duty to identify vulnerable witnesses) below>

After section 7

Maureen Macmillan

48 After section 7, insert—

<Duty to identify vulnerable witnesses

Each party to civil proceedings shall, as soon as practicable after the commencement of those proceedings, consider whether—

(a) any witness who that party is likely to call to give evidence in or for the purposes of those civil proceedings, is, or is likely to be, a vulnerable witness, and

(b) an application under section 8(5)(a) should be made in relation to any such witness who is not a child witness.>

Section 8

Karen Whitefield

49 In section 8, page 19, line 12, leave out from <child> to <to> and insert <party considers that the child witness should>

Karen Whitefield

50 In section 8, page 19, line 15, at end insert—

<( ) If a child witness notice specifies any of the following special measures, namely—

(a) the use of a live television link in accordance with section 15 where the place from which the child witness is to give evidence by means of the link is another part of the court building in which the court-room is located,

(b) the use of a screen in accordance with section 16, or

(c) the use of a supporter in accordance with section 17 in conjunction with either of the special measures referred to in paragraphs (a) and (b) above,

that special measure is, for the purposes of subsection (1)(a) above, to be taken to be the most appropriate for the purposes of taking the child witness’s evidence.>

 

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