Hansard

Jamie Stone (Caithness, Sutherland and Easter Ross) (LD) LD Chamber

17 Mar 2011

Scottish Executive Question Time · Housing Associations and Co-operatives (Meetings)

Pentland Housing Association, which is based in Thurso, acquired a site some years ago in Pennyland Drive in Thurso. It has spent some £200,000 on developing the site, but for the past almost four years it has been unable to progress the project for affordable housing—which we...

Jamie Stone LD Chamber

17 Mar 2011

Chronic Pain Services

The intervention is fair and I accept the point entirely. I do not wish to denigrate NHS Highland; I simply wish to question its policy decision on the future of the Dunbar. I want to know how we can support Dr Macleod and do similar things to his work all over the Highlands v...

Jamie Stone (Caithness, Sutherland and Easter Ross) (LD) LD Chamber

17 Mar 2011

Chronic Pain Services

It is a pleasure to join the debate. I congratulate Mary Scanlon on her motion and I salute the work that she has done with her cross-party group on chronic pain. It is great that Dorothy-Grace Elder is in the gallery today. I remember well that, when I was a much younger and ...

Jamie Stone LD Chamber

16 Mar 2011

Certification of Death (Scotland) Bill

I accept that, but the point of raising Kevin McLeod’s death was to highlight a case in which the element of doubt is unacceptably high. In a proper democracy, that should be totally unacceptable.I turn to the policy memorandum and two issues in particular to which my attentio...

Jamie Stone (Caithness, Sutherland and Easter Ross) (LD) LD Chamber

16 Mar 2011

Certification of Death (Scotland) Bill

As I am not a member of the Health and Sport Committee, I come to the bill and the debate as a comparative layman. However, I am struck by a central theme that we have heard a lot about this morning, which is what Dr Simpson referred to as whether the next of kin are content w...

Jamie Stone (Caithness, Sutherland and Easter Ross) (LD) LD Chamber

16 Mar 2011

Local Electoral Administration (Scotland) Bill

Shame!

The Convener LD Committee

15 Mar 2011

Annual Report

That is very kind. With that, we move into private.12:12 Meeting continued in private until 12:14.

The Convener LD Committee

15 Mar 2011

Annual Report

I may need those sentiments.

The Convener LD Committee

15 Mar 2011

Annual Report

Before we go into private, I will put on the record, on behalf of colleagues—if that is all right—an expression of thanks to our team: our clerks, the official report, our legal advisers and everyone who has helped us to carry out our work over the four years of this parliamen...

The Convener LD Committee

15 Mar 2011

Annual Report

We have the draft annual report in our papers. The report is pretty clear to me. If there are no comments from colleagues, are we happy to sign it off? Members indicated agreement.

The Convener LD Committee

15 Mar 2011

Certification of Death (Scotland) Bill: After Stage 2

The fifth agenda item goes by the chilling title of the Certification of Death (Scotland) Bill. In our stage 2 report, we recommended that orders that revoke orders of suspension made under section 24A(7) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965,...

The Convener LD Committee

15 Mar 2011

Instruments not laid before the Parliament

The committee agreed that no points arose on the instruments.SSI 2011/178 is a complex order that provides for the coming into force of a large number of sections of the Criminal Justice and Licensing (Scotland) Act 2010 from 28 March 2011 onwards across a range of significant...

The Convener LD Committee

15 Mar 2011

Instruments not laid before the Parliament

Do we agree to report that the order is defectively drafted, in so far as it seeks to bring into force the amendment contained in paragraph 6(3) of schedule 5 to the 2007 act, as paragraph 6(1) has not been commenced for the purposes of that amendment?Members indicated agreement.

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

It is worth making the general observation that a number of errors that were identified in the instruments have been rectified by the use of correction slips. That appears to be an increasing trend. Given the evidence that we recently received from the Minister for Parliamenta...

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

Are we content with the order, and with the explanation provided for the failure to comply with the 21-day rule?Members indicated agreement.

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

Once again, we should be satisfied with the explanation provided for the failure to comply with our old friend, the 21-day rule. Is that agreed?Members indicated agreement.

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

I hope that we can welcome the Scottish ministers’ prompt making of the order to replace the Licensing (Food Hygiene Requirements) (Scotland) Order 2011 (SSI 2011/128) in light of the defects in that order that the committee highlighted at last week’s meeting.The same issue in...

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

We should also welcome the fact that the regulations promptly correct the errors that the committee identified in the National Health Service Superannuation Scheme (Scotland) Regulations 2011 (SSI 2011/117) when we considered them last week. That is pretty good work by the Gov...

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

Do we agree to report that we are content with the reasons provided by the Scottish Government for the breach of the 21-day rule between the date of laying the regulations and the coming into force date, and are we otherwise content with the regulations?Members indicated agree...

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

I am sometimes thankful that I can read Roman numerals.

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

Do we agree to report, under the general reporting ground, that, alas, the regulations contain drafting errors that are acknowledged by the Scottish Government? In regulation 15(2)(d), the reference to regulation “14(c)(iv)” should be to “14(c)(iii)” and, in regulation 15(2)(f...

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

We note that, prior to the regulations coming into force, there appears to have been no clear legal basis for dental bodies corporate to make and recover charges under the National Health Service (Dental Charges) (Scotland) Regulations 2003 (SSI 2003/158) since 2 July 2010, fr...

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

Quite right too.

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

Do we agree to report the regulations on the basis that the meaning of regulation 4(c), which substitutes new regulation 3(4A) into the Civil Legal Aid (Scotland) (Fees) Regulations 1989 (SI 1989/1490), could be clearer about whether solicitors require to make an election betw...

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

We must always avoid absurdity.

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

We can report, under the general ground, that there is a drafting error in new paragraph 9(ea)(1C) of schedule 2 to the Police Pensions (Scotland) Regulations 2007 (SSI 2007/201), as inserted by paragraph 15(3) of schedule 2 to the regulations. The Scottish Government has ackn...

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

Do we agree to draw the regulations to the attention of the Parliament and the lead committee, under the general reporting ground, in that there has been a long delay—from 31 December 2010 to 18 March 2011—in correcting an incompatibility between Scots criminal law and Europea...

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

We will also report, under the general ground, that there is a drafting error in paragraph 4(2)(a) of the schedule to the order, as it seeks to insert in regulation 2 of the Licensed Premises Gaming Machine Permits (Scotland) Regulations 2007 (SSI 2007/505) a new definition to...

The Convener LD Committee

15 Mar 2011

Instruments subject to Annulment

Do we agree to report that the drafting of paragraph 3(4) of the schedule to the order appears to be defective because it refers to“premises which hold a premises licence”,when it is not possible for premises to be the holder of a licence?Members indicated agreement.

The Convener LD Committee

15 Mar 2011

Instruments subject to Approval

Do we also agree to report that, if the Parliament wishes to approve the proposed increase in the distributable amount of non-domestic rate income and the revised distribution of that amount, it requires to approve both orders? The orders must work together.Members indicated a...

The Convener LD Committee

15 Mar 2011

Instruments subject to Approval

The Scottish Government has confirmed that the order is intended to increase the distributable amount of non-domestic rate income for the year 2011-12 by £11.5 million to £2,182 million. Although the order seeks to provide for the distribution among local authorities of non-do...

The Convener LD Committee

15 Mar 2011

Instruments subject to Approval

Do we agree to report that the Local Government Finance (Scotland) Amendment Order 2011 is defectively drafted?Members indicated agreement.

The Convener (Jamie Stone) LD Committee

15 Mar 2011

Decision on Taking Business in Private

I welcome everyone to our 8th meeting in 2011 and our final meeting in this parliamentary session. We have received apologies from Elaine Smith, Helen Eadie and Bob Doris. Can we all turn off our mobile phones and BlackBerrys please?Colleagues, I am looking for a decision to t...

Jamie Stone (Caithness, Sutherland and Easter Ross) (LD) LD Chamber

10 Mar 2011

Scottish Executive Question Time · Unemployment

Surely advances in communications technology enable us to tackle rural unemployment by relocating more Government jobs to communities in the Highlands such as Lairg, Golspie, Wick and Thurso. Does the Scottish Government support that proposal? Will it bring maximum pressure to...

Jamie Stone (Caithness, Sutherland and Easter Ross) (LD) LD Chamber

02 Mar 2011

Epilepsy Awareness Training

I thank Kenneth Gibson for initiating the debate. In a previous workplace, I worked with an epilepsy suffer called Jeremy, who was not a child but a young man of 18 or 19. I did not know that he had epilepsy until one day when I was with him in the canteen in Nigg, where oil p...

The Convener LD Committee

01 Mar 2011

Instrument not subject to Parliamentary Procedure

The committee agreed that no points arose on the instrument.I thank the official reporters. As agreed earlier, we now move into private session.15:16 Meeting continued in private until 15:19.

The Convener LD Committee

01 Mar 2011

Instruments subject to Annulment

I shall go to my grave saying “consolidate”.The principal regulations for SSI 2011/135, which are the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (SI 1989/1491), have been amended—wait for it, colleagues—19 times and it is becoming increasingly difficult to track the...

The Convener LD Committee

01 Mar 2011

Instruments subject to Annulment

The committee agreed that no points arose on the instruments.We should also note a couple of instruments that we consider should be consolidated at the earliest opportunity—which we have been saying for quite a bit. With regard to SSI 2011/106, given that the principal regulat...

The Convener LD Committee

01 Mar 2011

Instruments subject to Annulment

Does the committee agree to report that the instrument’s meaning could be clearer, as the reference in article 2 to article 2(b) of the Additional Support for Learning (Sources of Information) (Scotland) Order 2010 (SSI 2010/145) is erroneous? That is not considered to be a ma...

The Convener LD Committee

01 Mar 2011

Instruments subject to Annulment

Does the committee agree to report, under the general reporting ground, that the instrument contains a minor drafting error, in not specifying in the operative text which instrument is being amended by regulation 3? That is unlikely to have any practical effect on the operatio...

The Convener LD Committee

01 Mar 2011

Instruments subject to Annulment

Does the committee agree to report, under the general reporting ground, that the order contains the following three drafting errors, which are not likely to affect the operation of the order? First, the reference to article 4 in article 4(3) should be to article 5. Secondly, t...

The Convener LD Committee

01 Mar 2011

Draft Instruments subject to Approval

We considered our approach to the instrument at last week’s meeting. First, there appears to be doubt as to whether article 3, which replaces the “two-man unit” test with a “viable unit” test, is within vires. We doubt that the failure of the two-man unit to operate in a way t...

The Convener LD Committee

01 Mar 2011

Draft Instruments subject to Approval

We considered our approach at last week’s meeting, so I suggest that we agree to report as follows. First, there appears to be doubt as to whether the following functions that would be conferred on the General Teaching Council for Scotland to make rules or schemes are intra vi...

The Convener LD Committee

01 Mar 2011

Decision on Taking Business in Private

It is proposed that we discuss item 10 in private. Is that agreed?Members indicated agreement.

The Convener LD Committee

01 Mar 2011

Subordinate Legislation

Before we say goodbye to you, minister, it is appropriate to thank you and your officials for the courteous, thoughtful and co-operative approach that you have taken at all times during this session of the Parliament, when I have been convener of the Subordinate Legislation Co...

The Convener LD Committee

01 Mar 2011

Subordinate Legislation

If members have no comments on the Interpretation and Legislative Reform (Scotland) Act 2010 (Savings and Transitional Provisions) Order 2011 (SSI 2011/88), are you content to make no recommendation to the Parliament on the order?Members indicated agreement.

The Convener LD Committee

01 Mar 2011

Subordinate Legislation

Thank you for your full answer. It might be wise of me not to pursue the issue.That concludes our questions, so we move to the more formal part of the process.Motions moved,That the Subordinate Legislation Committee recommends that the Interpretation and Legislative Reform (Sc...

The Convener LD Committee

01 Mar 2011

Subordinate Legislation

You do not have to comment, but we are interested in whether you have anything to say on the matter.

The Convener LD Committee

01 Mar 2011

Subordinate Legislation

Not quite in Donald Rumsfeld’s language.

The Convener LD Committee

01 Mar 2011

Subordinate Legislation

I will ask the last question. Notwithstanding all that you have said about transitional arrangements, what safeguards are in place to review, if necessary, the transitional arrangements and deal with the unexpected? We hope that the unexpected will not occur, but you never know.

The Convener LD Committee

01 Mar 2011

Subordinate Legislation

Thank you, minister. I invite committee members to ask questions.

The Convener (Jamie Stone) LD Committee

01 Mar 2011

Subordinate Legislation

I welcome everyone to the Subordinate Legislation Committee’s sixth meeting in 2011. We have apologies from two of our colleagues—Rhoda Grant and Elaine Smith. I ask everyone to turn off their mobiles, BlackBerrys and other devices.Without further ado, we move to agenda item 1...

Jamie Stone (Caithness, Sutherland and Easter Ross) (LD) LD Chamber

24 Feb 2011

Patient Rights (Scotland) Bill

I am the convener of the Subordinate Legislation Committee. I and my colleagues on the committee have been fairly involved with the bill, so as well as thanking the clerks to the Health and Sport Committee, the members of that committee and the cabinet secretary and her team, ...

Jamie Stone (Caithness, Sutherland and Easter Ross) (LD) LD Chamber

24 Feb 2011

First Minister’s Question Time · Secretary of State for Scotland (Meetings)

William Skinner, from the village of Inver in Easter Ross, works in the oil sector. As I speak, he is alone, without communication, trapped in a flat in Tripoli which, as we know, is a very dangerous place to be. His three workmates in the city are trying to get him out so tha...

Jamie Stone LD Chamber

24 Feb 2011

Scottish Executive Question Time · Rail Ticket Pricing (Sutherland)

My constituent Mrs Mackintosh has a Highland rail card, and it costs her £43 per week for a daily journey from Ardgay to Inverness and back. She points out that if she travelled from Helmsdale, which is a greater distance from Inverness, it would cost her the lesser sum of £32...

Jamie Stone (Caithness, Sutherland and Easter Ross) (LD) LD Chamber

24 Feb 2011

Scottish Executive Question Time · Rail Ticket Pricing (Sutherland)

8. To ask the Scottish Executive when a rail ticket pricing policy will be introduced in Sutherland that does not charge on the basis of the station from which a journey starts. (S3O-13035)

The Convener LD Committee

22 Feb 2011

Property Factors (Scotland) Bill: After Stage 2

Implicitly, completely, explicitly and all the rest of it.As agreed earlier, we move into private.14:28 Meeting continued in private until 14:44.

The Convener LD Committee

22 Feb 2011

Property Factors (Scotland) Bill: After Stage 2

We will go forward on that basis. Do we agree to delegate to our legal advisers authority to ask questions of the Scottish Government on issues that arise in bills for the remainder of the session, because of the timescale to which we are working? We have only three meetings a...

The Convener LD Committee

22 Feb 2011

Property Factors (Scotland) Bill: After Stage 2

Secondly, do we agree that if other amendments are not forthcoming we will lodge committee amendments in my name?Members indicated agreement.

The Convener LD Committee

22 Feb 2011

Property Factors (Scotland) Bill: After Stage 2

It is suggested that the powers in sections 13 and 26 should be subject to affirmative procedure, as we said in our stage 1 report. The clerks have also told me that the member in charge of the bill has indicated that she will lodge amendments to that effect. I am sure that we...