Water Services etc (Scotland) Bill: Stage 3
The next item of business is stage 3 consideration of the Water Services etc (Scotland) Bill. Members should note that two manuscript amendments have been lodged today and have been accepted under rule 9.10.6. Those amendments are set out in the supplement to the marshalled list, which has been placed on members' desks, and will be debated with the other amendments in group 3.
For the first part of the stage 3 proceedings, members should have the bill as amended at stage 2; the marshalled list containing all the amendments selected for debate; the supplemental list that I have already referred to; and the groupings. The normal rules for division timings will apply.
After section 8
Group 1 is on the licensing of services provided to eligible premises. Amendment 1, in the name of the minister, is grouped with amendments 2, 3, 21 and 18.
A key aim of the Water Services etc (Scotland) Bill is to establish a licensing regime to regulate retail competition for business customers that will be managed by the water industry commission. Our policy is that the costs to the commission of administering the licensing regime should be recovered from licence holders. That will be achieved by, for example, charging application fees to cover the work of assessing licence applications.
Section 9(5) provides that ministers will specify such fees in an order. Amendments 2 and 21 seek to remove the provision and a reference to it in section 27 and instead, through amendment 1, we seek to provide that the commission should produce the fees scheme to be approved by ministers. That will mean greater flexibility to ensure that a greater range of different fees can be levied; to allow for variable fees where appropriate; and, subject to consultation and ministerial approval, to ensure that fees can be tailored to meet the costs of the commission's licensing function and do not fall on all water and sewerage customers or the taxpayer.
Section 10 requires the commission to secure the participation of water and sewerage providers in licensing in an orderly manner and in a way that is not detrimental to the exercise of Scottish Water's core functions. Amendment 3 seeks to add to the direction-making powers in that regard to put beyond doubt that the commission may use its powers to require licensed providers to meet the costs of developing a mechanism or switch engine for handling customer information between licensed providers.
I move amendment 1.
Amendment 1 agreed to.
Section 9—Commission's power to obtain information and charge fees
Amendment 2 moved—[Lewis Macdonald]—and agreed to.
Section 10—Participation of licensed providers
Amendment 3 moved—[Lewis Macdonald]—and agreed to.
Section 12A—Financing, borrowing and guarantees
Group 2 is on Scottish Water's business undertaking. Amendment 4, in the name of the minister, is grouped with amendments 5 to 7 and 17.
This group of amendments seeks to affect the provisions of the bill that relate to the retail undertaking to be established by Scottish Water. Amendment 4 seeks to qualify the order-making power at section 12A(2)(b), under which ministers may prohibit the undertaking from borrowing from "any other person", to provide that that would not be used to prohibit borrowing from Scottish Water itself. For example, an undertaking that is a subsidiary of Scottish Water should be allowed to borrow from its parent company in the same way that any other subsidiary of Scottish Water can.
Amendment 5 seeks to provide ministers with an additional funding mechanism in relation to the undertaking. With this amendment, ministers would have not only the ability to make grants, lend or guarantee borrowing but the power to specify the circumstances in which they can provide equity for the undertaking. That would add to the other funding options available under section 12A. This provision is important, because in some circumstances equity might be the most appropriate form of funding to make available. It is certainly the one that is most closely aligned with public expenditure guidelines. For example, investing equity could place less of a burden on an undertaking than a loan, because ministers could choose to permit dividends to be deferred or reinvested.
Final decisions on how the undertaking will be financed will be taken in light of Scottish Water's detailed proposals on the form that the undertaking will take.
Amendment 6 provides that any equity that is made available to the undertaking may be subject to conditions.
Amendment 7 relates to the transfer that would separate Scottish Water's retail undertaking from Scottish Water. The amendment enables Scottish Water, subject to the consent of Scottish ministers, to transfer property to such an extent and subject to such conditions as it may determine. That flexibility will ensure that a division that makes sense both for Scottish Water and for the retail undertaking can be made. For example, it will allow certain pieces of property to be shared or transferred and partially leased back. Again, the detail of the arrangements will depend on Scottish Water's proposals for the undertaking and will be subject to ministers' consent. The amendment provides flexibility that will help to ensure that retail separation does not require an absolute big bang approach but can be managed in a way that makes sense for Scottish Water and customers.
Amendment 17 provides that an order under section 12A(8A) relating to provision of equity funding to the retail undertaking would be subject to negative parliamentary procedure. I urge members to support the amendments.
I move amendment 4.
The question is, that amendment 4 be agreed to. Are we agreed?
No.
There will be a division.
For
Adam, Brian (Aberdeen North) (SNP)
Aitken, Bill (Glasgow) (Con)
Arbuckle, Mr Andrew (Mid Scotland and Fife) (LD)
Baillie, Jackie (Dumbarton) (Lab)
Baird, Shiona (North East Scotland) (Green)
Ballance, Chris (South of Scotland) (Green)
Ballard, Mark (Lothians) (Green)
Barrie, Scott (Dunfermline West) (Lab)
Boyack, Sarah (Edinburgh Central) (Lab)
Brankin, Rhona (Midlothian) (Lab)
Chisholm, Malcolm (Edinburgh North and Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)
Crawford, Bruce (Mid Scotland and Fife) (SNP)
Curran, Ms Margaret (Glasgow Baillieston) (Lab)
Deacon, Susan (Edinburgh East and Musselburgh) (Lab)
Ewing, Fergus (Inverness East, Nairn and Lochaber) (SNP)
Ferguson, Patricia (Glasgow Maryhill) (Lab)
Finnie, Ross (West of Scotland) (LD)
Gibson, Rob (Highlands and Islands) (SNP)
Glen, Marlyn (North East Scotland) (Lab)
Godman, Trish (West Renfrewshire) (Lab)
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)
Jackson, Dr Sylvia (Stirling) (Lab)
Jackson, Gordon (Glasgow Govan) (Lab)
Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)
Jamieson, Margaret (Kilmarnock and Loudoun) (Lab)
Johnstone, Alex (North East Scotland) (Con)
Kerr, Mr Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Lochhead, Richard (North East Scotland) (SNP)
Lyon, George (Argyll and Bute) (LD)
MacAskill, Mr Kenny (Lothians) (SNP)
Macdonald, Lewis (Aberdeen Central) (Lab)
Macintosh, Mr Kenneth (Eastwood) (Lab)
Maclean, Kate (Dundee West) (Lab)
Macmillan, Maureen (Highlands and Islands) (Lab)
Martin, Paul (Glasgow Springburn) (Lab)
Marwick, Tricia (Mid Scotland and Fife) (SNP)
Mather, Jim (Highlands and Islands) (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)
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)
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)
Ruskell, Mr Mark (Mid Scotland and Fife) (Green)
Scott, Eleanor (Highlands and Islands) (Green)
Scott, John (Ayr) (Con)
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)
Stone, Mr Jamie (Caithness, Sutherland and Easter Ross) (LD)
Swinburne, John (Central Scotland) (SSCUP)
Swinney, Mr John (North Tayside) (SNP)
Wallace, Mr Jim (Orkney) (LD)
Welsh, Mr Andrew (Angus) (SNP)
White, Ms Sandra (Glasgow) (SNP)
Whitefield, Karen (Airdrie and Shotts) (Lab)
Wilson, Allan (Cunninghame North) (Lab)
Against
Curran, Frances (West of Scotland) (SSP)
Kane, Rosie (Glasgow) (SSP)
The result of the division is: For 81, Against 2, Abstentions 0.
Amendment 4 agreed to.
Amendments 5 to 7 moved—[Ross Finnie.]
The question is, that amendments 5 to 7 be agreed to. Are we agreed?
No.
There will be a division.
For
Adam, Brian (Aberdeen North) (SNP)
Aitken, Bill (Glasgow) (Con)
Arbuckle, Mr Andrew (Mid Scotland and Fife) (LD)
Baillie, Jackie (Dumbarton) (Lab)
Baird, Shiona (North East Scotland) (Green)
Ballance, Chris (South of Scotland) (Green)
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)
Chisholm, Malcolm (Edinburgh North and Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)
Crawford, Bruce (Mid Scotland and Fife) (SNP)
Curran, Ms Margaret (Glasgow Baillieston) (Lab)
Deacon, Susan (Edinburgh East and Musselburgh) (Lab)
Ewing, Fergus (Inverness East, Nairn and Lochaber) (SNP)
Fabiani, Linda (Central Scotland) (SNP)
Ferguson, Patricia (Glasgow Maryhill) (Lab)
Finnie, Ross (West of Scotland) (LD)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Rob (Highlands and Islands) (SNP)
Glen, Marlyn (North East Scotland) (Lab)
Godman, Trish (West Renfrewshire) (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)
Jackson, Dr Sylvia (Stirling) (Lab)
Jackson, Gordon (Glasgow Govan) (Lab)
Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)
Jamieson, Margaret (Kilmarnock and Loudoun) (Lab)
Johnstone, Alex (North East Scotland) (Con)
Kerr, Mr Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Lochhead, Richard (North East Scotland) (SNP)
Lyon, George (Argyll and Bute) (LD)
MacAskill, Mr Kenny (Lothians) (SNP)
Macdonald, Lewis (Aberdeen Central) (Lab)
Macintosh, Mr Kenneth (Eastwood) (Lab)
Maclean, Kate (Dundee West) (Lab)
Macmillan, Maureen (Highlands and Islands) (Lab)
Martin, Paul (Glasgow Springburn) (Lab)
Marwick, Tricia (Mid Scotland and Fife) (SNP)
Mather, Jim (Highlands and Islands) (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)
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)
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)
Ruskell, Mr Mark (Mid Scotland and Fife) (Green)
Scott, Eleanor (Highlands and Islands) (Green)
Scott, John (Ayr) (Con)
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)
Stone, Mr Jamie (Caithness, Sutherland and Easter Ross) (LD)
Swinburne, John (Central Scotland) (SSCUP)
Swinney, Mr John (North Tayside) (SNP)
Wallace, Mr Jim (Orkney) (LD)
Welsh, Mr Andrew (Angus) (SNP)
White, Ms Sandra (Glasgow) (SNP)
Whitefield, Karen (Airdrie and Shotts) (Lab)
Wilson, Allan (Cunninghame North) (Lab)
Against
Curran, Frances (West of Scotland) (SSP)
Fox, Colin (Lothians) (SSP)
Kane, Rosie (Glasgow) (SSP)
The result of the division is: For 86, Against 3, Abstentions 0.
Amendments 5 and 6 agreed to.
Section 13—Transfer of staff etc to the undertaking
Amendment 7 agreed to.
Section 18—Scottish Water's charges for water and sewerage services
We come now to the third group of amendments, on the charges scheme. Amendment 8 is grouped with amendments 9, 10, 22 and 23. I remind members that amendments 22 and 23 are manuscript amendments that were lodged today.
The amendments in this group make minor changes to section 18 of the bill, which amends the Water Industry (Scotland) Act 2002, on Scottish Water's charges. Amendment 9 requires ministers to send to the office of the water industry commission for Scotland a copy of any guidance or directions issued or given to Scottish Water. That ensures that the commission is aware of all ministerial requirements on Scottish Water, which it is required to take into account in exercising its various functions in relation to Scottish Water's charges.
Amendment 10 amends new section 29E of the 2002 act to clarify that the commission can consent to a departure from a charges scheme where a customer has done, or has agreed to, something that reduces or increases the cost of providing services. For example, a customer who takes untreated raw water from Scottish Water may continue to be eligible for a reduced charge under the departure provisions of the bill, although, strictly speaking, they have not taken an action to reduce the charge of serving them. As with all departures, the commission would have to be satisfied that the departure was justified in the circumstances of the case.
Amendment 8 is a minor drafting refinement. Amendments 22 and 23 are also relatively minor and consequential, but they were lodged late due to an oversight. I am grateful to the Presiding Officer for allowing them to be lodged as manuscript amendments. They are required in the light of amendments made at stage 2, which inserted new section 17A relating to Scottish Water's duty as a supplier of last resort to continue providing sewerage services directly to customers where arrangements between a licensed provider and a customer have come to an end. The amendments ensure that, where the continuity-of-supply arrangements operate, the occupier of the premises will be liable directly to Scottish Water for any charges made for the provision of those services.
I move amendment 8.
Amendment 8 agreed to.
Amendments 9, 10, 22 and 23 moved—[Lewis Macdonald]—and agreed to.
Section 19B—Sewerage nuisance: code of practice
We come now to the fourth group of amendments. Amendment 11 is grouped with amendments 12 to 16.
Amendments 11 to 16 affect sections 19B and 19C, which were inserted at stage 2 to address sewerage nuisance, a matter that has exercised a number of MSPs. George Lyon has raised the matter in relation to Inverary, and Susan Deacon has raised concerns relating to her constituency, and I gather that some members of the Leith Links residents association are present in the public gallery to ensure that this part of the bill is duly passed.
A key part of the provisions is the power for local authorities to serve an enforcement notice where there is a material non-compliance with the sewerage code. However, given the potential financial consequence of steps required to comply with an enforcement notice and the risk of criminal proceedings resulting from a notice, amendment 12 makes provision for a right of appeal to the sheriff court. That would allow Scottish Water or any other person upon whom an enforcement notice is served to appeal against the notice, in line with existing rights of appeal against abatement notices served by local authorities in respect of statutory nuisances under part 3 of the Environmental Protection Act 1990.
Amendment 13 provides local authorities with additional powers to secure compliance with a sewerage code when an enforcement notice is contravened. It provides local authorities with a further mechanism to secure compliance with the sewerage code by taking the matter to the sheriff court to ensure that the requirements of the notice are fulfilled. Again, that is similar to the power that is available under section 81(5) of the 1990 act.
Amendment 11 and amendments 14 to 16 are minor drafting refinements. I commend all the amendments to the Parliament.
I move amendment 11.
I support amendment 11. I am grateful to the minister and to the members of the Environment and Rural Development Committee for all that they have done. My constituents in Levenmouth, who have been subjected to nuisance—as have people in other constituencies—are also grateful.
No one else has asked to speak on this group of amendments, and I do not think that the minister will need to respond to that—although I am giving you the option, minister, if you wish.
That is quite all right.
Amendment 11 agreed to.
Amendments 12 to 16 moved—[Ross Finnie]—and agreed to.
Section 20—Meaning of "eligible premises"
We come now to group 5 on the marshalled list, on the meaning of "eligible premises". Amendment 19, in the name of Alex Johnstone, is grouped with amendment 20.
Interestingly enough, this whole bill has passed through its amendment stages—stage 2 and now stage 3—with very little conflict being expressed. In fact, the only point with which the Conservatives have taken issue is to do with the nature of the bill and the way in which it seeks to limit competition and co-operation and to maximise ministerial control.
At stage 2, I did not seek to amend the bill. I took the opportunity of speaking to ministers at that time to say that I would seek, where possible, to lodge amendments at stage 3 to bring out my main points. I took advice from the clerks on the issue of common carriage—which I had hoped to raise—and was told that it was unlikely that I could do so without running up against the rules on inadmissibility of wrecking amendments. I will therefore deal with that issue when I speak to the motion that the bill be passed.
However, I was advised that it would be possible to proceed with amendments to do with the extent of retail competition. I therefore lodged amendment 19, the intention of which is to remove the restriction on retail competition. As currently worded, the bill suggests that only non-domestic buyers will be able to take advantage of retail competition. Amendment 19 would extend that opportunity to the domestic sector.
I believe fundamentally that competition has worked successfully in the utilities marketplace for the supply of gas and electricity and could ultimately be made to work successfully for the benefit of customers in the water sector too. I admit, however, that radical changes to procedure would be required to make that effective.
I also believe that major benefits could be achieved through introducing this kind of retail competition in the domestic sector. Not the least of those advantages would be the opportunity to ensure—after proper arrangements have been put in place—that those who actually use water in the domestic sector take responsibility for the amount of water that they use, because they would have to pay for the amount of water that they use. As currently worded, the bill will prevent such opportunities from arising in future, so I will be glad to move amendment 19.
Amendment 20 is consequential on amendment 19. I will move it only if, by some miracle, amendment 19 is agreed to.
I move amendment 19.
Given the rational nature of the debate in the Environment and Rural Development Committee, and the way in which we moved forward in a united fashion, amendment 19 can be seen as nothing other than a wrecking amendment. It goes against the spirit of what the people of Scotland would want in the public delivery of their water supply.
One has only to look at our train services to see that a utility with fixed plant is the kind of organisation that will not work if competition is introduced. I am quite sure that all other members will agree that we should see off amendment 19 straight away. It is interesting to note that even Mr Johnstone's colleagues have not bothered to come to the chamber to listen to his nonsense.
I call Lewis Macdonald to wind up—I am sorry; I meant to say "to respond to the debate."
Far be it from me to wind up Alex Johnstone, but he will not be surprised to hear that I propose that we should reject his amendments. As he has said, amendments 19 and 20 go to the heart of the bill. They are designed to unpick the vital protection that it offers to Scottish Water's domestic customers. We believe that that protection is essential if we are to deliver social inclusion.
It is inevitable that retail competition for domestic customers would undermine the link between what customers pay for water and sewerage services and the value of the property in which they live. It would threaten the principle that people who live in properties in the same council tax band are liable for the same water and sewerage charges, wherever in Scotland they live and whatever their needs as consumers. It would also threaten the role of local authorities in billing domestic customers and, in doing so, would undermine ministers' ability to set discounts from charges for certain classes of customer. At present, we set such discounts for single adult households.
Councils collect water and sewerage charges on the basis of information that they already hold. That information allows them to deliver discounts; only councils can administer those discounts directly. To protect that ability to provide discounts, we have specifically designed the bill to exclude competition for domestic households. Of course the benefits of discounts and of property-related charges are not felt equally by every customer, but without the participation of all customers, competitor companies could cherry pick those customers who were not receiving a discount and those who were in higher tax bands, thus leaving everyone else to pay more. That is directly contrary to the bill's purpose.
We believe that water and sewerage services are essential to the health of every person in Scotland. A key purpose of the bill as endorsed by the Parliament at stage 1 is to ensure that those services should remain as affordable as possible for all customers. Amendments 19 and 20 are directly contrary to that aim and I urge members to reject them.
I understand much of what the minister had to say, especially his point about the need to provide services on a socially inclusive basis. However, throughout huge areas of Scotland, it is easy to find people who believe that they are paying over the odds for the services that they receive; sometimes they are paying more than they can afford to pay. Consequently, it is essential that we ensure that the services that are provided and the charges that are levied reflect each other in some way.
I thank Mr Happy for taking an intervention. I wonder whether he is proud of the fact that before the Tories' privatisation of the rail services, Network SouthEast returned a net surplus to the public purse of £71 million a year, whereas now—
On a point of order, Presiding Officer. I seek the Presiding Officer's guidance on the salutation that was used to address my colleague Mr Johnstone. Is "Mr Happy" parliamentary language?
I do not know that it is necessarily unparliamentary language. If its use was intended with affection and respect, it could hardly be regarded as discourteous. However, in general terms, I suggest that if members have nicknames for one another, they should keep them for informal settings and not use them in the chamber. I invite Mr Stevenson to continue.
I am obliged for the Presiding Officer's guidance, which, as ever, I will of course respect.
Today Mr Johnstone will be very unhappy to be reminded of the fact that the successor to Network SouthEast, which provided a surplus before privatisation, now receives a subsidy of £360 million a year. Does he really think that more privatisation of key utilities infrastructure is the way to go?
That was a very interesting intervention, but had very little to do with the water industry in Scotland or my amendment 19. Although I am delighted to hear that I have such a place in the affections of the member for Banff and Buchan, the purpose of amendment 19 is, as I explained, to ensure that, whatever we do today, we do not make the mistake of restricting competition when competition offers the opportunity to benefit individuals.
As I said, some people are suffering from the fact that the charges that they pay do not reflect the service that they receive. It is important that we ensure that what we set in place today is not the basis of a system of taxation—which appears to be what is contained in the bill—but the basis of a system that is designed, in some respect, to reflect accurate charges for services received. If the chamber rejects amendment 19, the Parliament will not achieve that. We will go down a road that, in the long term, will be a dead end. I press amendment 19.
The question is, that amendment 19 be agreed to. Are we agreed?
No.
There will be a division.
For
Brocklebank, Mr Ted (Mid Scotland and Fife) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Johnstone, Alex (North East Scotland) (Con)
Monteith, Mr Brian (Mid Scotland and Fife) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (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)
Ballance, Chris (South of Scotland) (Green)
Ballard, Mark (Lothians) (Green)
Barrie, Scott (Dunfermline West) (Lab)
Boyack, Sarah (Edinburgh Central) (Lab)
Brankin, Rhona (Midlothian) (Lab)
Butler, Bill (Glasgow Anniesland) (Lab)
Byrne, Ms Rosemary (South of Scotland) (SSP)
Chisholm, Malcolm (Edinburgh North and Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)
Curran, Frances (West of Scotland) (SSP)
Curran, Ms Margaret (Glasgow Baillieston) (Lab)
Deacon, Susan (Edinburgh East and Musselburgh) (Lab)
Eadie, Helen (Dunfermline East) (Lab)
Ewing, Fergus (Inverness East, Nairn and Lochaber) (SNP)
Fabiani, Linda (Central Scotland) (SNP)
Ferguson, Patricia (Glasgow Maryhill) (Lab)
Finnie, Ross (West of Scotland) (LD)
Fox, Colin (Lothians) (SSP)
Gibson, Rob (Highlands and Islands) (SNP)
Gillon, Karen (Clydesdale) (Lab)
Glen, Marlyn (North East Scotland) (Lab)
Godman, Trish (West Renfrewshire) (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)
Hyslop, Fiona (Lothians) (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)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Lochhead, Richard (North East Scotland) (SNP)
Lyon, George (Argyll and Bute) (LD)
MacAskill, Mr Kenny (Lothians) (SNP)
Macdonald, Lewis (Aberdeen Central) (Lab)
Macintosh, Mr Kenneth (Eastwood) (Lab)
Maclean, Kate (Dundee West) (Lab)
Macmillan, Maureen (Highlands and Islands) (Lab)
Martin, Paul (Glasgow Springburn) (Lab)
Marwick, Tricia (Mid Scotland and Fife) (SNP)
Mather, Jim (Highlands and Islands) (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)
McNeill, Pauline (Glasgow Kelvin) (Lab)
McNulty, Des (Clydebank and Milngavie) (Lab)
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)
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)
Ruskell, Mr Mark (Mid Scotland and Fife) (Green)
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)
Stone, Mr Jamie (Caithness, Sutherland and Easter Ross) (LD)
Sturgeon, Nicola (Glasgow) (SNP)
Swinburne, John (Central Scotland) (SSCUP)
Swinney, Mr John (North Tayside) (SNP)
Wallace, Mr Jim (Orkney) (LD)
Welsh, Mr Andrew (Angus) (SNP)
White, Ms Sandra (Glasgow) (SNP)
Whitefield, Karen (Airdrie and Shotts) (Lab)
Wilson, Allan (Cunninghame North) (Lab)
The result of the division is: For 6, Against 89, Abstentions 0.
Amendment 19 disagreed to.
Section 27—Orders and regulations
Amendments 21 and 17 moved—[Lewis Macdonald]—and agreed to.
Amendment 20 not moved.
Schedule 2
Licences and compliance: further provision
Amendment 18 moved—[Lewis Macdonald]—and agreed to.
That concludes our consideration of amendments.