Health Committee, 02 Mar 2004

Meeting date: Tuesday, March 2, 2004

Official Report 195KB pdf

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Subordinate Legislation

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National Health Service<br />(Transfer of Property between Health Boards) (Scotland) Regulations 2004<br />(SSI 2004/15)<br />National Health Service<br />(Borrowing and Loans from Endowments) (Scotland) Regulations 2004 (SSI 2004/16)

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Health Act 1999 (Savings) (Scotland)<br />Order 2004 (SSI 2004/31)<br />Community Care and Health (Scotland) Act 2002 (Savings) Order 2004 (SSI 2004/34)

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National Health Service<br />(General Ophthalmic Services) (Scotland) Amendment Regulations 2004<br />(SSI 2004/36)<br />National Health Service<br />(General Dental Services) (Scotland) Amendment Regulations 2004 (SSI 2004/37)

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National Health Service (Tribunal) (Scotland) Regulations 2004 (SSI 2004/38)<br />National Health Service<br />(Pharmaceutical Services) (Scotland) Amendment Regulations 2004<br />(SSI 2004/39)

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National Health Service<br />(General Medical Services Supplementary Lists) (Scotland) Amendment Regulations 2004 (SSI 2004/40)<br />National Health Service<br />(General Medical Services) (Scotland) Amendment Regulations 2004<br /> (SSI 2004/41)

I welcome everyone to the seventh meeting of the Health Committee this year. I ask everyone to ensure that their mobile phones and pagers are switched off.

We turn to item 1. I refer members to paper HC/S2/04/7/1, which was circulated to you all. It contains the points that were raised on the instruments before us by the Subordinate Legislation Committee. We are asked to consider 10 instruments that are subject to the negative procedure, as shown on the agenda.

The Subordinate Legislation Committee has commented on Scottish statutory instruments 2004/15, 2004/16 and 2004/38. Once again, there are issues of drafting—you might have thought that the Executive would have got it right by now. However, no comments have been received from members and no motions to annul have been lodged in relation to the 10 instruments. Is it the position that the committee does not wish to make any recommendation on the instruments?

Members indicated agreement.

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Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning)<br />(West Coast) (No 2) (Scotland) Order 2004<br />(SSI 2004/43)

Item 2 on the agenda is an instrument that is subject to the affirmative procedure. We are familiar with amnesic shellfish poisoning; I had suspected that we would have a rerun. I welcome Tom McCabe, the Deputy Minister for Health and Community Care, to the meeting. No comments have been received from members in relation to the order. Does anyone wish to say anything?

I am sorry, convener—my comments should have been received. I simply wish to put on record the fact that I am against the approval of the order.

The Subordinate Legislation Committee has made no comments on the order. No member has expressed the wish to debate the order, so I now ask the minister to move motion S2M-876.

Thank you convener, and good afternoon.

I move,

That the Health Committee recommends that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 2) (Scotland) Order 2004 (SSI 2004/43) be approved.

The question is, that motion S2M-876 be agreed to. Are we all agreed?

No.

There will be a division.

For

Eadie, Helen (Dunfermline East) (Lab)
Hughes, Janis (Glasgow Rutherglen) (Lab)
Maclean, Kate (Dundee West) (Lab)
McNeil, Mr Duncan (Greenock and Inverclyde) (Lab)
Rumbles, Mike (West Aberdeenshire and Kincardine) (LD)
Turner, Dr Jean (Strathkelvin and Bearsden) (Ind)

Against

Davidson, Mr David (North East Scotland) (Con)

Abstentions

Grahame, Christine (South of Scotland) (SNP)
Robison, Shona (Dundee East) (SNP)

The result of the division is: For 6, Against 1, Abstentions 2.

Motion agreed to.

That the Health Committee recommends that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 2) (Scotland) Order 2004 (SSI 2004/43) be approved.