Law Officers
The next item of business is a debate on motion S2M-4924, in the name of the First Minister, on the appointment of law officers. There is one amendment to the motion.
Members should all have received copies of the revised Business Bulletin by e-mail, but there are also copies available at the back of the chamber.
Following the decision yesterday of Colin Boyd, the Lord Advocate, to stand down, it falls to me this afternoon to nominate to the Scottish Parliament a new Lord Advocate for Scotland.
Before doing so, I want to pay tribute to Colin Boyd and thank him for his outstanding contribution to Scotland. He helped make devolution happen as Solicitor General for Scotland before 1999, and he has helped to make Scotland a better place during his time as Lord Advocate. The comprehensive reform and modernisation of our criminal justice services has been one of the great achievements of this devolved Government and will be one of Colin Boyd's lasting legacies from his time in Cabinet. I thank him very much. [Applause.]
In November 2001, I asked Elish Angiolini—much to her surprise—to be Scotland's Solicitor General. I asked her at that time to implement the change of direction that I wanted as First Minister: I wanted her to work with the Lord Advocate to implement a programme of reform and modernisation and to put unequivocally the interests of victims and witnesses at the centre of our fair and independent system of justice. Five years on, I have no doubt whatever that the appointment of Elish Angiolini as Solicitor General is one of the best decisions that I have made as First Minister of Scotland.
The Scottish prosecution services under her charge are admired and no longer ridiculed. Victims and witnesses increasingly see justice in the system, not delays or chaos. Public confidence is returning, with the majority of cases now heard on time, and there are more police out in the community doing their jobs, rather than wasting time sitting in court waiting for cases to happen—or not happen, as was previously too often the case. The public also see further improvements under way in the prosecution of rape cases and in the development of other specialist skills and courts.
Over her time, the Solicitor General has also contributed successfully to major cases and has proved to be an able and effective legal adviser both to me and to Cabinet whenever the Lord Advocate has been absent.
In Scotland's Lord Advocate, I want a moderniser—someone who will support and understand the implementation of the Government's policy, but who will also be honest and consistent in the legal advice that they give Cabinet and ministers, even when we do not like it or do not want to hear it. I want someone who will make independent decisions on prosecution with the integrity that the holder of the office has always had to have.
Elish Angiolini was Scotland's first female Solicitor General. She was the first ever regional fiscal to be appointed to the post, and she was the first solicitor to be appointed to it for hundreds of years. She has met every challenge in her job and has increasingly won the confidence of even those who originally held reservations about her appointment. I am delighted therefore to confirm today that I want to continue the reform and modernisation of our courts and justice service, that I want to continue to have an independent but increasingly more effective Scottish prosecution service, and that I want to ensure that the rights and interests of victims and witnesses are at the heart of our justice service. I therefore seek the support of the Scottish Parliament for the nomination of Elish Angiolini as the next Lord Advocate of Scotland, and the first woman to hold the post.
Elish Angiolini worked closely with Colin Boyd. They shared ideas, supported each other and often challenged each other, as any good partnership should. I want to ensure that as Lord Advocate, she too will have a strong and reliable Solicitor General for Scotland by her side. That is why, having consulted her, I propose that John Beckett QC be appointed as Solicitor General. John Beckett is a highly experienced advocate and prosecutor whose energy, skill and commitment have already resulted in his promotion to the position of principal advocate depute, to lead Scotland's most senior prosecutors on a daily basis.
Colin Boyd's decision to stand down yesterday after almost ten years in Government in Scotland was completely understandable to anyone who knew or worked with him. His decision broke up a highly successful team of law officers, but the nominations that are before Parliament will create a partnership that will be at least as strong as that team. Elish Angiolini and John Beckett are as alive to the needs and interests of victims and witnesses as they are alive to the rights of accused people. They share my desire to continue to reform and improve our criminal justice services and are passionate about Scotland. They will serve Parliament and our country well. I commend their nominations to Parliament.
I move,
That the Parliament agrees that it be recommended to Her Majesty that Elish Angiolini be appointed as the Lord Advocate and that John Beckett QC be appointed as Solicitor General for Scotland.
On behalf of my Conservative colleagues, I, too, pay tribute to Lord Boyd and wish him well for the future. However, the First Minister's motion has presented my party with a genuine dilemma that reflects concerns that I suspect are not confined to the chamber but extend well beyond it.
First, I will speak to the amendment in the name of Bill Aitken, the effect of which would be not to recommend the appointment of Mr John Beckett QC as Solicitor General for Scotland. I want to make it clear that my concerns do not relate to his legal competence or professional experience—they relate to the disclosure that he is a current member of the Labour Party.
I am not alone in thinking that the role of the Solicitor General should be independent of party politics. On 28 November 2001, when Mrs Angiolini was being appointed to the post of Solicitor General, the First Minister, Jack McConnell, said to the Parliament:
"The time is right to have a Solicitor General for Scotland who is not associated with a political party. The time is right to change the perception … of the job and to focus on modernisation and reform of the prosecution service."—[Official Report, 28 November 2001; c 4217.]
If that view was right then—and I think that it was—it is right now, and Mr Beckett does not satisfy the First Minister's criterion.
I will deal briefly with the proposal to appoint Mrs Angiolini as Lord Advocate. My party recognises the need to fill the position of Lord Advocate without delay and will support that nomination, but that support is heavily qualified for two reasons. Mrs Angiolini has, with justification, been highly respected as a solicitor with a background in the Crown Office and Procurator Fiscal Service, and there is absolutely no question as to her professional competence in that role—I associate my party with the First Minister's comments in that respect. However, the Lord Advocate is essentially the chief legal adviser to the Scottish Executive for both civil matters and criminal matters that fall within the devolved powers of the Scottish Parliament. The question that is being asked is whether Mrs Angiolini possesses the breadth of legal experience to provide such advice. It would be appropriate for the First Minister to comment on that.
Secondly, in a devolved Scotland, there must be real concerns about the chief legal adviser to the Scottish Executive also being the chief prosecutor for Scotland. There is a real and visible conflict of interest, which has become more apparent as issues that are driven by political decision making and which affect reform of the court system or activities within the Crown Office have required a robust and independent response from the Scottish Courts Administration or the Crown Office. I suggest to the First Minister that the appointment of Mrs Angiolini should be concurrent with the setting up of a commission to examine and consider what the proper separation of powers, responsibilities and duties should be in appointing a chief legal adviser to the Scottish Executive and the head of an independent prosecution service. I hope that the First Minister will receive what I am saying as neither personalised nor party-political remarks, but as substantive suggestions to take us forward to a more open and healthy situation.
If the amendment in the name of my colleague Bill Aitken is defeated, my party will be confronted with a hybrid motion that does not separate the two nominations. In that event, my party will abstain in the vote.
I move amendment S2M-4924.1, in the name of Bill Aitken, to leave out from "and that" to end.
I hope to take part in the debate with slightly more grace than Annabel Goldie has just managed. I wish Colin Boyd every success in the future. We have not always seen eye to eye on issues, but he has served his country in the role of Lord Advocate and I wish him success in whatever he now chooses to do. I also congratulate John Beckett on his nomination as Solicitor General. I do not know him personally, but I am sure that that will change over the next period.
In particular, I congratulate Elish Angiolini on becoming Scotland's first woman Lord Advocate. I agree with the First Minister that her appointment as Solicitor General has been his best decision as First Minister. However, given what I think of some of his other decisions, I am not sure that that is paying her a big compliment. Ms Angiolini has been an effective and successful Solicitor General, so there is no doubt that her nomination as Lord Advocate is made on merit; her appointment as Lord Advocate will be another significant crack in the glass ceiling. For that reason, as well as for all the others, her nomination is most welcome.
This comment in no way reflects my views of Elish Angiolini, but it is important to place on record the fact that my party thinks that the Lord Advocate should be completely independent of Government. We do not think that one person should be asked simultaneously to be the head of an independent prosecution service and a member of a political Cabinet. In certain circumstances, in sensitive cases, even a perception of a conflict of interests can be damaging, and I think that it would have been better to protect the new Lord Advocate from that from the outset. That is why, in Government next year, the Scottish National Party will separate the two roles.
That comment does not alter the fact that the SNP will support the motion. We wish John Beckett and Elish Angiolini every success in their new roles.
On behalf of the Liberal Democrats, I add some words of appreciation for the work of Colin Boyd who, as Solicitor General and Lord Advocate, served Scotland for the best part of 10 years. For many of those years, I was privileged to work with him in Government and I saw at close hand the way in which he approached his duties with the utmost diligence and integrity. The leadership that he gave the Crown Office and Procurator Fiscal Service during an important period of modernisation and change has already been properly acknowledged by the First Minister. Those of us who were in Government welcomed and appreciated the considered and sage advice that Colin Boyd gave his colleagues.
Although there is a case for us to debate, on a future occasion, a separation of roles, it is important to place on record the robustness with which Colin Boyd, like his predecessors, jealously safeguarded the Lord Advocate's independent prosecutorial role. I find it regrettable that some people, in comments that they have made in the past 24 hours, have given the wrong motives to his resignation. He has said that, having given many years of public service to Scotland, he feels that the time is right to move on. I, for one, understand that feeling.
On behalf of my Liberal Democrat colleagues, I very much welcome the nomination of Elish Angiolini. Her appointment as Solicitor General was an inspired and refreshing choice. Having worked with her, I know that it was also a very successful choice. I congratulate her warmly on her nomination. She possesses the qualities and judgment that are required of the office and, as the first woman—indeed, the first person outside the Faculty of Advocates—to hold the office of Lord Advocate, she will bring her own distinctive and appropriate lustre to that high, historic office.
I also congratulate John Beckett on his nomination. He brings to the position his experience as an advocate depute and, most recently, as principal advocate depute. I note that he was called to the bar 14 years after I was. When I was Minister for Justice, I used to take particular note of the appointment of chief constables who were younger than me. Having seen such Solicitors General as Nicky Fairbairn and Peter Fraser—who, as Annabel Goldie can tell the chamber, were never involved in party politics—I certainly feel the march of time when I see that the new Solicitor General for Scotland is half a generation younger than me.
On behalf of my Liberal Democrat colleagues, I welcome the nominations of Elish Angiolini and John Beckett. We wish them well in their posts and look forward to the contribution that they will make both inside and outside the Parliament to a just 21st century Scotland.
Let us be clear: the Lord Advocate and the Solicitor General for Scotland play a crucial role in our legal system. Although they have somewhat separate responsibilities, they must work as a team. The First Minister was absolutely right to highlight the good partnership working between the two posts in the past, and we must ensure that that happens in future.
There is no doubt in my mind—and nor should there be any doubt in anyone else's mind—that to date our law officers have carried out their tasks impeccably. I am sure that the whole chamber agrees that Elish Angiolini will make a first-class Lord Advocate, although I was unclear from her caveated response whether Annabel Goldie believes that.
Along with Tavish Scott, I first met Elish Angiolini before she became Solicitor General during the Justice 2 Committee's inquiry into the Crown Office and Procurator Fiscal Service. When we visited her in her role as regional fiscal in Aberdeen, we were struck by the high esteem in which she was held by her colleagues, her staff and other people working in the legal system, and I could not have been more pleased when, a few months later, the First Minister asked her to be our new Solicitor General.
Nicola Sturgeon was absolutely right to point out that Elish Angiolini's appointment as Lord Advocate will represent another crack in the glass ceiling. However, I am disappointed by Annabel Goldie's comment that, in her performance as Solicitor General over the past six years, Elish Angiolini has in some way or other not shown that she possesses the necessary breadth of legal knowledge to become Lord Advocate. Believing that one should recruit only from some cosy boys' club is really the politics of the 20th century, not the 21st.
As for the nomination of John Beckett QC, he comes to the post of Solicitor General with a great reputation as a formidable prosecutor, and I believe that he will be able to undertake the role asked of him. Indeed, the only thing that the Tories seem to have against him is that he happens to be a member of the Labour Party. At least we now have rules that require people to declare their party affiliation, which is what John Beckett has done. Neither Annabel Goldie's speech nor Bill Aitken's amendment makes it clear why the Tories believe that John Beckett is unfit to take on the position on which we are being asked to vote. Indeed, it is absolutely ridiculous to claim that just because someone happens to be a member of the Labour Party—and, as far as I understand it, a relatively non-active member—they should be ruled out of consideration for a position. We should remember the system that we used to have.
I implore the Tories to reconsider their decision to press their amendment and to abstain on the motion itself. After all, given her past reputation, we have in Elish Angiolini a first-rate law officer, and I am sure that John Beckett will prove to be the same.
During the process of canonisation, it is customary to have a devil's advocate, whose job is to find out something bad about the candidate. I would like to apply for the job of devil's advocate to the Lord Advocate.
I first came across Elish Angiolini more than 20 years ago at Airdrie sheriff court. It was during the miners' strike, and a very good friend of mine who had been involved in, well, let us just say an altercation on a picket line was hauled before the sheriff. Elish McPhilomy, as she was at the time, was the prosecutor. She was razor sharp in her prosecution—so razor sharp that I was convinced that my good friend was going to end up in Barlinnie. To cut a long story short, she was successful in her prosecution but did not demand the death penalty or even a custodial sentence, and the sheriff let my good friend off with a modest fine. The moral of the story is that justice should always be tempered with mercy—not a bad motto for a Lord Advocate. In that spirit, I congratulate Elish on her nomination and wish her every success in the future.
I begin by wishing Colin Boyd, the retiring Lord Advocate, well for the future, and by acknowledging his work as Lord Advocate.
I also warmly congratulate Elish Angiolini on her historic nomination as the first woman to hold the office of Lord Advocate. It is an appointment that will provide us with an opportune moment to examine the office that the Lord Advocate holds, in view of the growing concern that the head of the Scottish independent prosecution service is also a member of the Scottish Executive and sits in Cabinet and has collective Cabinet responsibility.
We need, we require and we must preserve a clear separation of powers in a democratic Scotland. It is therefore eminently sensible to approve the proposal outlined by Annabel Goldie today. The appointment of Ms Angiolini should be accompanied by the announcement that a commission will be set up to examine the proper separation of the powers, responsibilities and duties of the chief legal adviser to the Scottish Executive and those of the head of Scotland's independent prosecution service.
Equally important in a devolved Scotland are the terms of the amendment in Bill Aitken's name, which seeks to put into practice the clear intention of the First Minister, widely supported and welcomed in 2001, that the post of Solicitor General for Scotland should not be associated with a political party. Some of the contributions, from members such as Scott Barrie, were really quite unworthy in what is an important political debate.
Margaret Mitchell is suggesting that some of the contributions have been unworthy. Will she therefore associate herself with the vast majority of members in the chamber who agree that the comments made by Miss Goldie, who suggested that Ms Angiolini did not possess the necessary breadth of legal experience, were the most unworthy statements made in the chamber today?
Miss Goldie merely pointed out that the office of Lord Advocate takes in criminal and civil legal advice and that questions would therefore be asked about the ability of the person appointed to fulfil both roles. In a Parliament in which we seek to ensure that our decisions are the very best, those questions should be welcomed. I therefore urge the Parliament to support the amendment in Bill Aitken's name.
I particularly want to thank Nicola Sturgeon for her contribution and Dennis Canavan for—as ever—a fabulous history lesson.
It has been a pleasure to make these nominations today. However, it is important that I address the issues that were raised in our short debate. I turn first to John Beckett. It is now no secret that he has been a member of the Labour Party for 20 years. I discovered that when I first spoke to him some days ago. It should also be no secret that John Beckett has not attended a party meeting for 19 years. In my book, that makes him a fully paid-up member of the human race—if anything, instead of detracting from his nomination, it commends it.
John Beckett's performance in his work as principal advocate depute and in other previous roles has meant that he has had a considerable overall impact on the work of the Crown Office. His nomination—which, I hope, will be approved by the Parliament—is based entirely on the merits of his contribution to the Solicitor General's post. I hope that his long-standing, quiet and behind-the-scenes membership of a political party will not bar him from the position of Solicitor General. Certainly, that was not the case over the many years when the post was held by members of the House of Commons from all parties. I refer in particular to people who were politically associated with the Conservative party.
If I recall correctly, the First Minister said that he first spoke to the person who is nominated for the post of Solicitor General a few days ago. That is what concerns many members in the chamber today. I fully accept that the gentleman has the distinguished record that the First Minister outlined, but who advised on his suitability for the post? Most members in the chamber would welcome the chance to know some of the history.
I first met John Beckett in his capacity as principal advocate depute. I found him an extremely engaging, articulate and able holder of that office. It is entirely appropriate for the First Minister to have contact with the senior legal officers in the Crown Office.
As I said earlier, I consulted and was strongly advised by Elish Angiolini, as my nomination for Lord Advocate, in putting forward the nomination for a new Solicitor General. I took proper time and consideration over my deliberations. In lodging the motion, I notified the Parliament at the earliest possible opportunity of my decision. I was able to do that after I had spoken to Mr Beckett at approximately 11 am this morning in my office upstairs.
I turn to the position of the Lord Advocate. For the avoidance of doubt, I want to make it clear that Elish Angiolini was not just one of the top prosecutors in the country but, as I said earlier, the first ever regional fiscal to be appointed as Solicitor General. In addition, for many years before that—I think that it was for a total of nine years—she worked in the policy department of the Crown Office. Indeed, in 1996, she became its head of policy. In that role, she served Lord Advocates who were appointed by the new Labour Government in 1997 and those whom Henry McLeish, Donald Dewar and I appointed following the establishment of the Scottish Parliament. In addition, she gave advice on constitutional and civil matters to the Lord Advocates of the previous Government, including Lord Rodger, Lord Fraser and Lord Mackay of Drumadoon, which adds to her qualifications for the post. That should convince all members that her nomination today deserves their support.
I hope that we will make history today. This is very special, and we should reflect on it. In nominating names to Her Majesty the Queen for the positions of Lord Advocate and Solicitor General for Scotland, we are nominating two extremely able, very committed people who have already served Scotland well and who will continue, I believe, to serve Scotland, the Scottish Parliament and our people well indeed.
The question is, that amendment S2M-4924.1, in the name of Bill Aitken, be agreed to. Are we agreed?
No.
There will be a division.
For
Aitken, Bill (Glasgow) (Con)
Brocklebank, Mr Ted (Mid Scotland and Fife) (Con)
Brownlee, Derek (South of Scotland) (Con)
Douglas-Hamilton, Lord James (Lothians) (Con)
Fergusson, Alex (Galloway and Upper Nithsdale) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallie, Phil (South of Scotland) (Con)
Goldie, Miss Annabel (West of Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
McGrigor, Mr Jamie (Highlands and Islands) (Con)
Milne, Mrs Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Petrie, Dave (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Tosh, Murray (West of Scotland) (Con)
Against
Adam, Brian (Aberdeen North) (SNP)
Alexander, Ms Wendy (Paisley North) (Lab)
Arbuckle, Mr Andrew (Mid Scotland and Fife) (LD)
Baillie, Jackie (Dumbarton) (Lab)
Baird, Shiona (North East Scotland) (Green)
Baker, Richard (North East Scotland) (Lab)
Ballard, Mark (Lothians) (Green)
Barrie, Scott (Dunfermline West) (Lab)
Boyack, Sarah (Edinburgh Central) (Lab)
Brankin, Rhona (Midlothian) (Lab)
Brown, Robert (Glasgow) (LD)
Butler, Bill (Glasgow Anniesland) (Lab)
Canavan, Dennis (Falkirk West) (Ind)
Chisholm, Malcolm (Edinburgh North and Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)
Crawford, Bruce (Mid Scotland and Fife) (SNP)
Cunningham, Roseanna (Perth) (SNP)
Curran, Ms Margaret (Glasgow Baillieston) (Lab)
Deacon, Susan (Edinburgh East and Musselburgh) (Lab)
Eadie, Helen (Dunfermline East) (Lab)
Ferguson, Patricia (Glasgow Maryhill) (Lab)
Finnie, Ross (West of Scotland) (LD)
Gibson, Rob (Highlands and Islands) (SNP)
Gillon, Karen (Clydesdale) (Lab)
Glen, Marlyn (North East Scotland) (Lab)
Godman, Trish (West Renfrewshire) (Lab)
Gordon, Mr Charlie (Glasgow Cathcart) (Lab)
Gorrie, Donald (Central Scotland) (LD)
Grahame, Christine (South of Scotland) (SNP)
Harper, Robin (Lothians) (Green)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Paisley South) (Lab)
Home Robertson, John (East Lothian) (Lab)
Hughes, Janis (Glasgow Rutherglen) (Lab)
Hyslop, Fiona (Lothians) (SNP)
Ingram, Mr Adam (South of Scotland) (SNP)
Jackson, Dr Sylvia (Stirling) (Lab)
Jackson, Gordon (Glasgow Govan) (Lab)
Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)
Jamieson, Margaret (Kilmarnock and Loudoun) (Lab)
Kerr, Mr Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyon, George (Argyll and Bute) (LD)
MacAskill, Mr Kenny (Lothians) (SNP)
Macdonald, Lewis (Aberdeen Central) (Lab)
MacDonald, Margo (Lothians) (Ind)
Macintosh, Mr Kenneth (Eastwood) (Lab)
Maclean, Kate (Dundee West) (Lab)
Macmillan, Maureen (Highlands and Islands) (Lab)
Martin, Campbell (West of Scotland) (Ind)
Martin, Paul (Glasgow Springburn) (Lab)
Marwick, Tricia (Mid Scotland and Fife) (SNP)
Mather, Jim (Highlands and Islands) (SNP)
Matheson, Michael (Central Scotland) (SNP)
Maxwell, Mr Stewart (West of Scotland) (SNP)
May, Christine (Central Fife) (Lab)
McAveety, Mr Frank (Glasgow Shettleston) (Lab)
McCabe, Mr Tom (Hamilton South) (Lab)
McConnell, Mr Jack (Motherwell and Wishaw) (Lab)
McFee, Mr Bruce (West of Scotland) (SNP)
McMahon, Michael (Hamilton North and Bellshill) (Lab)
McNeil, Mr Duncan (Greenock and Inverclyde) (Lab)
McNeill, Pauline (Glasgow Kelvin) (Lab)
McNulty, Des (Clydebank and Milngavie) (Lab)
Morgan, Alasdair (South of Scotland) (SNP)
Morrison, Mr Alasdair (Western Isles) (Lab)
Muldoon, Bristow (Livingston) (Lab)
Mulligan, Mrs Mary (Linlithgow) (Lab)
Munro, John Farquhar (Ross, Skye and Inverness West) (LD)
Murray, Dr Elaine (Dumfries) (Lab)
Neil, Alex (Central Scotland) (SNP)
Oldfather, Irene (Cunninghame South) (Lab)
Peacock, Peter (Highlands and Islands) (Lab)
Peattie, Cathy (Falkirk East) (Lab)
Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)
Radcliffe, Nora (Gordon) (LD)
Robson, Euan (Roxburgh and Berwickshire) (LD)
Rumbles, Mike (West Aberdeenshire and Kincardine) (LD)
Scott, Eleanor (Highlands and Islands) (Green)
Scott, Tavish (Shetland) (LD)
Sheridan, Tommy (Glasgow) (Sol)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Smith, Iain (North East Fife) (LD)
Smith, Margaret (Edinburgh West) (LD)
Stephen, Nicol (Aberdeen South) (LD)
Stevenson, Stewart (Banff and Buchan) (SNP)
Sturgeon, Nicola (Glasgow) (SNP)
Swinburne, John (Central Scotland) (SSCUP)
Swinney, Mr John (North Tayside) (SNP)
Turner, Dr Jean (Strathkelvin and Bearsden) (Ind)
Wallace, Mr Jim (Orkney) (LD)
Watt, Ms Maureen (North East Scotland) (SNP)
Welsh, Mr Andrew (Angus) (SNP)
Whitefield, Karen (Airdrie and Shotts) (Lab)
Wilson, Allan (Cunninghame North) (Lab)
Abstentions
Curran, Frances (West of Scotland) (SSP)
Kane, Rosie (Glasgow) (SSP)
Leckie, Carolyn (Central Scotland) (SSP)
The result of the division is: For 15, Against 97, Abstentions 3.
Amendment disagreed to.
The next question is, that motion S2M-4924, in the name of the First Minister, on the appointment of law officers, be agreed to. Are we agreed?
No.
There will be a division.
For
Adam, Brian (Aberdeen North) (SNP)
Alexander, Ms Wendy (Paisley North) (Lab)
Arbuckle, Mr Andrew (Mid Scotland and Fife) (LD)
Baillie, Jackie (Dumbarton) (Lab)
Baird, Shiona (North East Scotland) (Green)
Baker, Richard (North East Scotland) (Lab)
Ballard, Mark (Lothians) (Green)
Barrie, Scott (Dunfermline West) (Lab)
Boyack, Sarah (Edinburgh Central) (Lab)
Brankin, Rhona (Midlothian) (Lab)
Brown, Robert (Glasgow) (LD)
Butler, Bill (Glasgow Anniesland) (Lab)
Canavan, Dennis (Falkirk West) (Ind)
Chisholm, Malcolm (Edinburgh North and Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)
Crawford, Bruce (Mid Scotland and Fife) (SNP)
Cunningham, Roseanna (Perth) (SNP)
Curran, Frances (West of Scotland) (SSP)
Curran, Ms Margaret (Glasgow Baillieston) (Lab)
Deacon, Susan (Edinburgh East and Musselburgh) (Lab)
Eadie, Helen (Dunfermline East) (Lab)
Ferguson, Patricia (Glasgow Maryhill) (Lab)
Finnie, Ross (West of Scotland) (LD)
Gibson, Rob (Highlands and Islands) (SNP)
Gillon, Karen (Clydesdale) (Lab)
Glen, Marlyn (North East Scotland) (Lab)
Godman, Trish (West Renfrewshire) (Lab)
Gordon, Mr Charlie (Glasgow Cathcart) (Lab)
Gorrie, Donald (Central Scotland) (LD)
Grahame, Christine (South of Scotland) (SNP)
Harper, Robin (Lothians) (Green)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Paisley South) (Lab)
Home Robertson, John (East Lothian) (Lab)
Hughes, Janis (Glasgow Rutherglen) (Lab)
Hyslop, Fiona (Lothians) (SNP)
Ingram, Mr Adam (South of Scotland) (SNP)
Jackson, Dr Sylvia (Stirling) (Lab)
Jackson, Gordon (Glasgow Govan) (Lab)
Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)
Jamieson, Margaret (Kilmarnock and Loudoun) (Lab)
Kane, Rosie (Glasgow) (SSP)
Kerr, Mr Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Leckie, Carolyn (Central Scotland) (SSP)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyon, George (Argyll and Bute) (LD)
MacAskill, Mr Kenny (Lothians) (SNP)
Macdonald, Lewis (Aberdeen Central) (Lab)
MacDonald, Margo (Lothians) (Ind)
Macintosh, Mr Kenneth (Eastwood) (Lab)
Maclean, Kate (Dundee West) (Lab)
Macmillan, Maureen (Highlands and Islands) (Lab)
Martin, Campbell (West of Scotland) (Ind)
Martin, Paul (Glasgow Springburn) (Lab)
Marwick, Tricia (Mid Scotland and Fife) (SNP)
Matheson, Michael (Central Scotland) (SNP)
Maxwell, Mr Stewart (West of Scotland) (SNP)
May, Christine (Central Fife) (Lab)
McAveety, Mr Frank (Glasgow Shettleston) (Lab)
McCabe, Mr Tom (Hamilton South) (Lab)
McConnell, Mr Jack (Motherwell and Wishaw) (Lab)
McFee, Mr Bruce (West of Scotland) (SNP)
McMahon, Michael (Hamilton North and Bellshill) (Lab)
McNeil, Mr Duncan (Greenock and Inverclyde) (Lab)
McNeill, Pauline (Glasgow Kelvin) (Lab)
McNulty, Des (Clydebank and Milngavie) (Lab)
Morgan, Alasdair (South of Scotland) (SNP)
Morrison, Mr Alasdair (Western Isles) (Lab)
Muldoon, Bristow (Livingston) (Lab)
Mulligan, Mrs Mary (Linlithgow) (Lab)
Munro, John Farquhar (Ross, Skye and Inverness West) (LD)
Murray, Dr Elaine (Dumfries) (Lab)
Neil, Alex (Central Scotland) (SNP)
Oldfather, Irene (Cunninghame South) (Lab)
Peacock, Peter (Highlands and Islands) (Lab)
Peattie, Cathy (Falkirk East) (Lab)
Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)
Radcliffe, Nora (Gordon) (LD)
Robison, Shona (Dundee East) (SNP)
Robson, Euan (Roxburgh and Berwickshire) (LD)
Rumbles, Mike (West Aberdeenshire and Kincardine) (LD)
Scott, Eleanor (Highlands and Islands) (Green)
Scott, Tavish (Shetland) (LD)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Smith, Iain (North East Fife) (LD)
Smith, Margaret (Edinburgh West) (LD)
Stephen, Nicol (Aberdeen South) (LD)
Stevenson, Stewart (Banff and Buchan) (SNP)
Sturgeon, Nicola (Glasgow) (SNP)
Swinburne, John (Central Scotland) (SSCUP)
Swinney, Mr John (North Tayside) (SNP)
Turner, Dr Jean (Strathkelvin and Bearsden) (Ind)
Wallace, Mr Jim (Orkney) (LD)
Watt, Ms Maureen (North East Scotland) (SNP)
Welsh, Mr Andrew (Angus) (SNP)
Whitefield, Karen (Airdrie and Shotts) (Lab)
Wilson, Allan (Cunninghame North) (Lab)
Abstentions
Aitken, Bill (Glasgow) (Con)
Brocklebank, Mr Ted (Mid Scotland and Fife) (Con)
Brownlee, Derek (South of Scotland) (Con)
Douglas-Hamilton, Lord James (Lothians) (Con)
Fergusson, Alex (Galloway and Upper Nithsdale) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallie, Phil (South of Scotland) (Con)
Goldie, Miss Annabel (West of Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
McGrigor, Mr Jamie (Highlands and Islands) (Con)
Milne, Mrs Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Petrie, Dave (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Sheridan, Tommy (Glasgow) (Sol)
The result of the division is: For 99, Against 0, Abstentions 15. [Applause.]
Motion agreed to.
That the Parliament agrees that it be recommended to Her Majesty that Elish Angiolini be appointed as the Lord Advocate and that John Beckett QC be appointed as Solicitor General for Scotland.