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Summary

  1. The culture and Europe committee take evidence on the Council of the EU and BBC Scotland
  2. Extensive coverage of FMQs from noon
  3. MSPs remember those who lost their lives in WWI
  4. A Labour MSP hosts a debate on care homes
  5. A statement on improving the experience of LGBTI people in schools is made
  6. Stage 3 of the Prescription Bill takes place

Live Reporting

By Louise Wilson and Craig Hutchison

All times stated are UK

  1. That's all from Holyrood Live!

    Rainbow flag

    That's all from Holyrood Live on Thursday 8 November 2018.

    Scotland will be the first country in the world to ensure its education system recognises the issues faced by the LGBTI community, Education Secretary John Swinney announced.

    Equalities campaigners hailed the move as a "monumental victory", claiming the "destructive legacy" of Section 28 - which banned the promotion of homosexuality - had been ended.

    Research by the Time for Inclusive education (Tie) campaign group found 90% of LGBT people experienced homophobia, biphobia or transphobia at school.

    Co-founder Jordan Daly said: "After three years of campaigning, we are delighted that LGBTI inclusive education will now become a reality in all of Scotland's state schools."

    In other news Tory MSP Annie Wells was banned from the chamber and committees for a week.

  2. BreakingTory MSP suspended from parliament but Tories vote against

    Tory MSP Annie Wells

    Tory MSP Annie Wells is suspended for five sitting days, with 84 voting for her suspension but 27 voting against.

  3. Tories to vote against Annie Wells sanction

    Ms Wells does not appear to be in the chamber
    Image caption: Ms Wells does not appear to be in the chamber

    Tory MSP Maurice Golden says his party accepts Annie Wells committed a breach of a technical charge, however the procedure was not in the public interest, he insists.

    He argues the sanction is disproportionate and the complaint just scores political points.

    Mr Golden says Annie Wells did not seek or gain anything from the remarks she made, which were on news reports which were in the public domain.

    The Tories will be voting against the sanction, he says.

  4. Standards committee convener explains sanction recommendation

    Standards committee convener Bill Kidd
    Image caption: Standards committee convener Bill Kidd

    Standards committee convener Bill Kidd directs members towards the committee's report into the complaint against Tory MSP Annie Wells.

    Committee reports should remain confidential until an agreed publication date, he explains, but a press release sent out by Ms Wells on a prisoner voting report contravened this.

  5. Background: Tory MSP Annie Wells faces week-long Holyrood ban over report leak

    Annie Wells was found to have breached the code of conduct for MSPs
    Image caption: Annie Wells was found to have breached the code of conduct for MSPs

    A Scottish Conservative MSP is facing a five-day ban from Holyrood for making "advance comment" on an embargoed committee report.

    The parliament's standards committee unanimously ruled that Annie Wells had breached the code of conduct for MSPs.

    A complaint was made that the Tory MSP had "sought political advantage" by speaking out about prisoner voting before a report had been published.

    MSPs will vote on the proposed ban shortly, which would run from Monday to Friday.

    Read more here.

  6. MSPs debate Tory MSP Annie Wells's possible suspension

    Tory MSP Annie Wells
    Image caption: Tory MSP Annie Wells
    Motion
  7. Lib Dems will support bill

    Lib Dem MSP Liam McArthur
    Image caption: Lib Dem MSP Liam McArthur

    Lib Dem MSP Liam McArthur says COSLA's concern that reducing the prescription period to five years would result in a reduction in people paying council tax is credible.

    He confirms his party will support the bill at decision time.

  8. Why is it reasonable for state bodies to be exempted from a five year prescription period?

    Labour MSP Daniel Johnson
    Image caption: Labour MSP Daniel Johnson

    Labour MSP Daniel Johnson says prescription has direct and real human consequences.

    Mr Johnson adds: "Labour will be supporting this bill this evening, but let's be clear it is far from perfect."

    That's why Labour tried to amend it and make it fairer, to make it more just, he says, adding he is disappointed the government did not back the amendments.

    Having an unduly long time-limit may lead to people being pursued for debts when they may not even be aware of the debt, he explains.

    The Labour MSP asks why is it reasonable for state bodies to be exempted from a five year prescription period.

  9. Bill will clarify when prescription periods begin says Tory MSP

    Tory MSP Graham Simpson
    Image caption: Tory MSP Graham Simpson

    Tory MSP Graham Simpson jokes this bill may not have set the heather on fire - until FMQs today - but it is important nonetheless.

    The interpretation of the law has led to some confusion around when prescription periods begins he explains.

    The MSP says this has led to people trying to seek damages being told too much time has passed, even when it was not clear who could be sued - as was the case in ICL Plastics Ltd vs David T Morrison.

  10. Minister says Prescription Bill strikes the right balance

    Community Safety Minister Ash Denham
    Image caption: Community Safety Minister Ash Denham

    Community Safety Minister Ash Denham says the aim of the bill is to increase fairness and clarity in negative prescription.

    Ms Denham explains the bill extends the current five year negative prescription to cover all statutory organisations that are not already covered, which simplifies the rule.

    The minister says taxes, council tax and DWP payments maintain the current position of 20 years.

    The bill allows parties to agree to extend the five year prescriptive period by one year, once.

    Ms Denham explains: "The approach taken in the bill is not one of wholesale reform, it is after all one piece of the wider jigsaw that is Scots law."

    She concludes saying prescription balances the needs of creditors and debtors and the Prescription Bill strikes the right balance.

  11. Background: What is prescription?

    Lady Justice

    Prescription establishes a time limit for a person bringing a claim to court.

    It is perhaps more well-known as a statute of limitation - prescription is the law which applies in Scotland.

    It the window of time is missed, the ability to pursue the claim is lost.

  12. Debate: Prescription (Scotland) Bill

    Clock

    MSPs will now take part in the final debate on the Prescription (Scotland) Bill.

  13. Remaining Labour amendments all disagreed

    Chamber

    Amendments 2-4 brought forward by Labour MSPs Mark Griffin and Neil Findlay are all disagreed, all with 29 votes for and 81 against.

    Mr Findlay chooses not to move amendments 5-6.

  14. Amendment would increase hardship warns minister

    Community Safety Minister Ash Denham
    Image caption: Community Safety Minister Ash Denham

    Community Safety Minister Ash Denham says this amendment would see a departure from the status quo.

    She says it would have the consequence of the DWP taking debtors to court and would also increase hardship on those who can only pay over a longer period of time.

    There has been no widespread public consultation on what this amendment would mean, the minister says.

    I have the debtor firmly in my mind as I think about this and unintended consequences are likely to increase hardship, she insists.

    Deputy presiding officer Christine Grahame has to intervene as the noise from the Labour benches continues to increase throughout the minister's speech.

    Deputy presiding officer Christine Grahame
    Image caption: Deputy presiding officer Christine Grahame
  15. Labour MSP seeks to reduce prescription period for reserved debts

    Labour MSP Mark Griffin
    Image caption: Labour MSP Mark Griffin

    Labour MSP Mark Griffin explains his amendment seeks to reduce the prescription period for reserved and DWP debts to five years.

    It is for this parliament to dictate when debts can be recovered, not for the DWP to demand he argues.

  16. Background: Committee backs general principles

    SPICe briefing cover

    The Delegated Powers and Law Reform Committee backed the general principles of the Prescription (Scotland) Bill in June.

    But it also urged the Scottish government to provide "further rationale" for excepting council tax and business rates from the five-year time limit.

    Questions were raised over whether putting council tax and business rates under the 20 year period was appropriate and an agreement was not reached by the MSPs on this.

    Amendments submitted at stage 2 which sought to remove the exemption for council tax were not agreed to.

    A SPICe briefing with further detail on this is available.

  17. First amendment not agreed

    Mr Findaly's first amendment is not agreed (27 for and 78 against).

    Amendment