Plenary, 28 Feb 2002

Meeting date: Thursday, February 28, 2002

Official Report 637KB pdf

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Business Motion

The next item of business is consideration of business motion S1M-2802, in the name of Patricia Ferguson, on behalf of the Parliamentary Bureau, setting out a business programme.

Motion moved,

That the Parliament agrees—

(a) the following programme of business—

Wednesday 6 March 2002

2.30 pm Time for Reflection – the Reverend Jack Holt, Minister of Birse and Feughside Church and Moderator of the Presbytery of Kincardine and Deeside

followed by Parliamentary Bureau Motions

followed by Stage 3 Debate on the Sexual Offences (Procedure and Evidence) (Scotland) (Bill)

followed by Committee of the Whole Parliament: Stage 2 Debate on the Fur Farming (Prohibition) (Scotland) Bill

followed by Stage 3 Debate on the Fur Farming (Prohibition) (Scotland) Bill

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business - debate on the subject of S1M-2784 Johann Lamont: International Women's Day – 8 March 2002

Thursday 7 March 2002

9.30 am Scottish Conservative and Unionist Party Debate on the Scotch Whisky Industry

followed by Scottish Conservative and Unionist Party Debate on Community Care

12.30 pm Business Motion

2.30 pm Question Time

3.10 pm First Minister's Question Time

3.30 pm Executive Debate on the Homelessness Task Force

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Wednesday 13 March 2002

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Ministerial Statement

followed by Justice 1 Committee Debate on the Legal Aid Inquiry

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 14 March 2002

9.30 am Scottish National Party Business

12.30 pm Business Motion

2.30 pm Question Time

3.10 pm First Minister's Question Time

3.30 pm Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

and (b) that the Justice 1 Committee reports to the Justice 2 Committee by 5 March 2002 on the Damages (Personal Injury) (Scotland) Order 2002 (SSI 2002/46).—[Euan Robson.]

I have an objection from Stewart Stevenson, so there will be speeches.

I bring to the attention of Parliament a matter that has arisen since the Parliamentary Bureau considered the business motion. It has arisen in relation to the plan for the stage 3 debate on the Sexual Offences (Procedure and Evidence) (Scotland) Bill on Wednesday next week. I think that the majority of members are strong supporters of that bill. I and my SNP colleagues certainly are.

At yesterday's meeting of the Justice 2 Committee, we took evidence on the Executive's stage 2 amendment 16. That amendment was substantial in size, complexity and possible implications for Scots law. The principles of the amendment will receive broad support from many members, as they do from me. However, the committee took evidence from the Law Society of Scotland and from Professor Gane of the University of Aberdeen on the amendment. The upshot of that was that they sounded a substantial note of caution about whether one part of the amendment would be operable.

I will not cover the substantive issue just now—the stage 3 debate is the proper forum for that. I will make a point about processes and the risks that may be associated with rushing legislation. We have not rushed the bill—we first voted on it at stage 1 many months ago—but the committee has found itself in a position in which there are only 48 hours to consider whether we wish to amend section 8B, which was introduced by the Executive's stage 2 amendment 16. Furthermore, we do not have the Official Report of the evidence taken yesterday. That creates difficulties.

I would have preferred that the debate be postponed for a week, but I do not think that that will be possible. I therefore take the opportunity to urge the Executive to look carefully at section 8B, to consider the evidence that was given to the committee yesterday and to determine whether, with the resources that are available to it, the Executive will be able to fine-tune the amendment to address the points that were raised in yesterday's evidence, preserve the integrity of the bill and support women throughout Scotland in their fight against the heinous crime of rape.

The amendment to which Stewart Stevenson refers is the Executive's amendment on previous convictions, which was passed at stage 2. Ministers regretted having to lodge the amendment at stage 2, but the issue is complex and more time was needed to get it right. Ministers did not want to delay the introduction of the bill, which would have been a disappointment and a worry to victims groups.

The amendment was lodged on 5 December and considered during the second day of stage 2 on 18 December. It was passed with the committee reserving the right to take evidence on it prior to the stage 3 debate. The committee took evidence yesterday. Although that left only two days to lodge non-Executive amendments, committee members would have been aware of that when they scheduled the meeting. There have been 10 weeks in which the committee could have taken oral evidence or obtained written submissions. It is not appropriate to request postponement of stage 3 for the first time at a late hour.

Women's and victims' groups are anxious that the bill, which is important for the protection of complainers, be enacted as soon as possible. I assure Stewart Stevenson that the Executive will examine the detail of section 8B closely to ensure that it is proper.

Motion agreed to.

Meeting suspended until 14:30.

On resuming—