Chamber and committees

Meeting of the Parliament

Meeting date: Wednesday, May 15, 2013

Affirmation
Business Motion
Portfolio Question Time
Aquaculture and Fisheries (Scotland) Bill: Stage 3
Aquaculture and Fisheries (Scotland) Bill
Business Motions
Parliamentary Bureau Motion
Decision Time
Mull of Galloway

Aquaculture and Fisheries (Scotland) Bill: Stage 3

The Deputy Presiding Officer (John Scott)

The next item of business is stage 3 proceedings on the Aquaculture and Fisheries (Scotland) Bill. In dealing with the amendments, members should have the bill as amended at stage 2; the marshalled list and the groupings. As usual, for the first division of the afternoon, the division bell will sound and proceedings will be suspended for five minutes. The period of voting for the first division will be 30 seconds; thereafter, I will allow a voting period of one minute for the first division after a debate. Members who wish to speak in the debate on any group of amendments should press their request-to-speak buttons as soon as possible after I call the group.

Members should now refer to the marshalled list of amendments.

Section 1—Fish farm management agreements and statements

The Deputy Presiding Officer

Group 1 is on fish farm management agreements and statements. Amendment 8, in the name of Tavish Scott, is grouped with amendments 9 to 13, 3 and 15.

Tavish Scott (Shetland Islands) (LD)

In speaking to my amendments in this group, I want to ensure that the Scottish salmon industry, which has been a notable economic success for some years now, continues to be so. My concern about this bill and the Government’s proposed measures is that they add costs and bureaucracy and create the real danger that our industry will be micromanaged. I cannot believe that that can be in the minister’s or indeed the Government’s interests. Even if it were the Government’s intention to micromanage the industry in this way, which I genuinely do not believe to be the case, there is also always the danger of what a future Government might wish to do with the very sweeping powers that this Government will take when, as it assuredly will, it passes the bill with its own amendments.

The industry, which has grown considerably in recent years—indeed, the Government has a target of growing production by 50 per cent by 2020—employs 1,100 jobs directly on farms and 4,000 in processing and, over the past five years, has invested £205 million of capital expenditure. It cannot be in any Government’s never mind the Parliament’s interests to introduce a bill that in my view fails the Government’s own better regulation task force tests. Just the other day, I had it explained to me just what the task force has done under successive Governments to reduce unnecessary bureaucracy, cut red tape and ensure that industries across Scotland are more able to compete in very competitive marketplaces—in this case, the food marketplace—against international competitors that have no such regulation.

As I am sure the minister accepts, the industry is very heavily regulated. Many Government bodies, local authorities and others already regulate salmon farming to a considerable extent. With this bill and these particular measures, the Government will through its own department, Marine Scotland, potentially become involved in every aspect of fish farm management. The simple purpose of my amendments in this group is to avoid that very real difficulty.

Those of us who represent communities, islands and the areas of Scotland where this industry has succeeded economically know that these kinds of powers are already being used and agencies are already becoming involved on a day-to-day basis; however, this Government apparently wishes to take more powers in this area. Very real concerns about that aspect of the bill have been expressed to me and other members of all political parties in the chamber. I appreciate that the minister has written to the industry to state that it is not his intention to micromanage the industry and, for what it is worth, I entirely believe him. However, my concern about the bill that will be passed today relates not to an individual minister but to the fact that Government legislation will be on the statute book long after he and I have left this place.

14:45

In considering the various aspects of fish farm management agreements, I would argue that there already are very strong and good working relationships between Government and its agencies and the industry. There has been a progressive approach to how the industry can develop. I do not understand the Government’s justification for the range of additional powers and responsibilities that it wishes to take in respect of the industry and its future operation.

Sampling has been a big issue. As the minister knows, there is potentially a challenge to that under the European convention on human rights. I appreciate that the Government’s line—and that of the Parliament—will be that the bill is legally competent. However, the industry has very real questions about that issue and is taking legal advice.

In considering this group of amendments, I would ask that Parliament considers the balance between an industry achieving the Government’s targets on increasing production in order to export around the world and be a great Scottish success story and the sweeping powers that are being taken here in respect of the day-to-day management of that industry.

I move amendment 8.

Claudia Beamish (South Scotland) (Lab)

During stage 1 evidence, the UK Environmental Law Association made a number of comments relating to the effectiveness of farm management agreements and said that it is important to state the intended purpose of farm management agreements and statements

“so that operators are aware of the scope of this obligation.”

Amendment 10 would insert a provision in new section 4A of the Aquaculture and Fisheries (Scotland) Act 2007 to say:

“for certain purposes including the improved prevention, control and reduction of parasites, pathogens and diseases”.

That reflects the words used in sections 3(2)(a) and 6(2)(a) of the 2007 act.

Without stating the purpose of FMAs, it would be possible for an FMA to set out arrangements for sea-lice management that did not satisfy the policy intention of the bill and yet comply with the provision as drafted. The purpose of my amendment is to state the purpose and scope of farm management agreements and statements in the new section.

Why do we need amendments 11, 12 and 13? In its stage 1 evidence, the UK Environmental Law Association stated that the

“improved control of sea-lice etc. will best be achieved by the cooperation of all the operators in a farm management area, so the Bill should establish a hierarchy”—

between farm management agreements and farm management statements—

“making FMAs the default”.

That was the basis of amendment 49 at stage 2.

As the bill stands, rather than seeking to ensure that current good practice is promoted throughout the sector, it does no more than to maintain the status quo. According to the Scottish Salmon Producers’ Organisation, the basis for area management is that sites operating within defined farm management areas should

“adopt similar and joined up farming practices, for example stocking the same year class of fish and synchronised fallowing of sites at the end of the production cycle.”

My amendments are therefore designed to ensure that FMAs and FMSs contain provisions about the co-ordination of parasite management, harvesting of fish and fallowing of farms after harvest. The intention is to ensure that new section 4A includes specific reference to the co-ordination of activities.

I believe that Alex Ferguson’s amendment 3 on the publication of FMAs and FMSs would provide transparency in the development of strategies with interested parties, particularly local community interests.

Alex Fergusson (Galloway and West Dumfries) (Con)

I listened very carefully to Tavish Scott’s comments because I appreciate that he has a great knowledge of the sector. I agree with him about many things, and many of his amendments to the bill, but I cannot entirely agree that there is no need for greater openness and accessibility for the industry. That is really what my amendment refers to.

I draw the chamber’s attention to an article that was published in the Sunday Herald on 5 May, headed “Pesticides from salmon farms poison Scotland’s lochs”. I accept that we have to cut through the journalistic licence within that headline. What the story highlights, however, is a report by the Scottish Environment Protection Agency on the analysis of samples taken from about 24 fish farms in 2010, 2011 and 2012. SEPA detected residues of pesticides at 19 of the sites tested, with 12 of them—that is, 50 per cent—showing levels in breach of SEPA’s environmental standards. One of those sites, at Loch Shiel in the east of Lewis, showed residues of the pesticide Teflubenzeron, a delousing agent for salmon, that were up to 455 times higher than SEPA’s environmental quality standards for 2012.

In anybody’s language, that situation suggests a problem. I absolutely accept that there is an on-going debate about the extent to which these pesticides harm other species and, indeed, the wider marine environment. Although today is not the time to enter that debate, I believe that reports such as SEPA’s highlight the need for the fish farming industry to be as open and transparent as it can possibly be in this day and age.

My amendment 3 would ensure that farm management agreements and statements are publicly accessible. If they were, scientists in academia, together with non-governmental organisations, particularly those in the wild fish sector, would be far more able to evaluate and consider incidents and reports such as the one that I have highlighted, in the full knowledge of the agreements and statements that exist in relation to the area in question, which would provide them with a contextual background to those incidents. I believe that amendment 3 would greatly improve the relations and understanding between, in particular, the farmed fish and the wild fish sector, which is a key aim of the committee’s deliberations, without carrying any commercial risk or significant cost implications for the producers. I commend my amendment to the chamber.

On the other amendments in the group, we support amendments 8 to 13 on the grounds of simplification and clarification. Although I am very attracted to the simplicity that amendment 15 brings, I need to be convinced of the need to delete the details of inspections that the bill currently contains.

Graeme Dey (Angus South) (SNP)

The introduction of the word “coordinated” to this section of the bill would potentially complicate matters, rather than simplify them. By definition, a farm management agreement requires co-operation and the adoption of a degree of practical, sensible, joined-up working practices that also take into account the requirements of retail contracts. We must remember that fish farms are there to meet a consumer demand. The word “coordinated” introduces a degree of confusion, for me, particularly in relation to new subsections (4)(b)(iii) and (4)(b)(iv). The amendments have the potential to be problematic in practice, given that they do not specify what “coordinated” would actually mean.

What would it mean, for example, in relation to the movement of live fish on and off farms and harvesting? Would the bill prescribe that such actions should be carried out simultaneously across all farms in an FMA—regardless, perhaps, of the temporary circumstances on a farm or, indeed, the contractual obligations to be met—or sequentially? If it is the latter, would that mean actions being delivered at individual farms a week apart or a month apart?

I urge members to reject amendments 11, 12 and 13.

The Minister for Environment and Climate Change (Paul Wheelhouse)

I welcome the discussion on this part of the bill, as all the provisions relating to fish farm management are fundamental to the wider purpose of the bill and to ensuring that our regulatory regime is appropriate and proportionate and that it complements the principles of sustainable growth. The bill is not, as some might suggest, evidence that the Scottish Government wishes to micromanage the industry, although I take on board Tavish Scott’s kind words that he does not suspect that I am intending to micromanage the industry. Our approach remains that we legislate only where it is necessary to do so.

As at stage 2, Tavish Scott has suggested that there are weaknesses in our intention to work within the framework of the code of good practice in relation to designated geographical areas. I maintain the position that farm management agreements and statements are best considered within the context of that code.

In amendments 11, 12 and 13, Claudia Beamish has suggested that as part of the development of FMAs and FMSs we should make it a requirement to co-ordinate aspects of fish health management. That seems unnecessary; indeed, Graeme Dey has alluded to some of the concerns that that would raise. By their very nature, agreements are co-ordinated, and co-ordination within a statement is not possible given that only one company is involved.

With amendment 10, Claudia Beamish has suggested that those party to a farm management agreement or statement must have in place measures to improve the

“prevention, control and reduction of parasites, pathogens and diseases”.

Although I share Claudia Beamish’s goal, I believe that her amendment is unnecessary because existing powers in the Aquaculture and Fisheries (Scotland) Act 2007 ensure that measures are in place to prevent, control and reduce parasites. In addition, farmed sites are required to follow good biosecurity practice as part of their authorisation conditions granted under the Aquatic Animal Health (Scotland) Regulations 2009, which implement European directive 2006/88/EC, and that requirement is implemented through farms having biosecurity measure plans in place.

As at stage 2, I consider the statutory publication of FMAs and FMSs, as suggested by Alex Fergusson, to be disproportionate in approach and to carry a significant commercial risk if the information is taken out of context or misinterpreted. It would not only impose an unjustified burden but create a distinct disincentive for operators to include substantial detail in their agreement as they might become concerned that a positive approach could be presented out of context.

Alex Fergusson

If the current arrangements and the ones that the minister has described are working so well, why is SEPA finding pesticide deposits that are 455 times its agreed limits?

Paul Wheelhouse

I share the member’s concern about SEPA’s findings but that in itself demonstrates that SEPA is identifying and reporting on a problem and that the regulatory system is in place to tackle it. What we are talking about is publishing in a public format information that is privy to operators in an FMA area, and I suggest that that might provide a disincentive for them to give additional detail over and above the minimum. The concern is that if we force them to publish this information, they will cut back the information that they put in the public domain.

Finally, I admit defeat in my attempts to persuade Tavish Scott that the requirements of FMAs and FMSs will be linked and of the need to make an informed assessment of compliance. Nevertheless, I maintain my position that that is in fact the case.

I invite members to resist amendments 3, 8 to 13 and 15.

Tavish Scott

The minister might admit defeat but he knows that he is going to win anyway. It must be a great position to be in.

I confess that I share the minister’s concerns about Alex Fergusson’s amendment 3 but I think that the minister could have made another point about it. As he and Alex Fergusson have pointed out, SEPA has researched the issue and produced its findings but I think that there are certain fundamental questions that the agency needs to answer. It seems to me that one question that should be posed is this: given that SEPA provides discharge consents for fish farms the length and breadth of Scotland, what happened to the agency’s normal day-to-day monitoring processes that this information came to light only in this way?

The minister talked about taking this information “out of context”, which was a very diplomatic way of describing what might actually happen in practice, and I am sure that Mr Fergusson will accept that someone less charitable than he is might use the information in a very—shall we say—public manner. For that reason, I do not find favour with amendment 3.

I take the minister’s point about my amendments, but I would have been much more minded to withdraw or not to move them had the Government set out—

Alex Fergusson

Does Mr Scott not agree that it is better to access some data rather than none at all?

Tavish Scott

That is a reasonable point but the judgment is about the word “some”—and I appreciate that there will be a difficult judgment call in any of these decisions. Mr Fergusson will remember that in the early 2000s the industry came under enormous pressure from certain lobbies without any justification, and what happened then reminds me of what can go wrong when the word “some” is interpreted by those who take issue with the industry. I am afraid that I will be a bit cautious on that issue.

Although I take the minister’s point with regard to micromanagement, I just wish that the Government would set out clearly how it will avoid it. I repeat that it is not my contention that this minister or his officials—

Paul Wheelhouse

If the suggestion is that there will be a degree of micromanagement by a future Government, Administration or minister I must point out that there is an onus on all of us in this chamber to hold ministers to account. Indeed, I would expect to be held to account if I overstepped the mark and micromanaged the industry. That is the final sanction that this place has with regard to ministers.

Tavish Scott

That is a very fair response but I repeat that I am concerned not with this minister but with what could happen in the future. Given that those of us charged with passing legislation in this place must express that responsibility with an eye on what is happening not just now but in the future, I will press amendment 8.

The Deputy Presiding Officer

The question is, that amendment 8 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division. As this is the first division of the afternoon, I suspend the meeting for five minutes.

15:00 Meeting suspended.

15:05 On resuming—

The Deputy Presiding Officer

We move to the division on amendment 8.

For

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

Against

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Allard, Christian (North East Scotland) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Salmond, Alex (Aberdeenshire East) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Sturgeon, Nicola (Glasgow Southside) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Urquhart, Jean (Highlands and Islands) (Ind)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 43, Against 63, Abstentions 0.

Amendment 8 disagreed to.

Amendment 9 moved—[Tavish Scott].

The Deputy Presiding Officer

The question is, that amendment 9 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

Against

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Allard, Christian (North East Scotland) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Salmond, Alex (Aberdeenshire East) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Sturgeon, Nicola (Glasgow Southside) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Urquhart, Jean (Highlands and Islands) (Ind)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 46, Against 63, Abstentions 0.

Amendment 9 disagreed to.

Amendment 10 moved—[Claudia Beamish].

The Deputy Presiding Officer

The question is, that amendment 10 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

The result of the division is: For 46, Against 63, Abstentions 0.

Amendment 10 disagreed to.

Amendment 11 moved—[Claudia Beamish].

The Deputy Presiding Officer

The question is, that amendment 11 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

The result of the division is: For 46, Against 62, Abstentions 0.

Amendment 11 disagreed to.

Amendment 12 moved—[Claudia Beamish].

The Deputy Presiding Officer

The question is, that amendment 12 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

Against

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Allard, Christian (North East Scotland) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Salmond, Alex (Aberdeenshire East) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Sturgeon, Nicola (Glasgow Southside) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Urquhart, Jean (Highlands and Islands) (Ind)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 46, Against 62, Abstentions 0.

Amendment 12 disagreed to.

Amendment 13 moved—[Claudia Beamish].

The Deputy Presiding Officer

The question is, that amendment 13 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

Against

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Allard, Christian (North East Scotland) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Salmond, Alex (Aberdeenshire East) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Sturgeon, Nicola (Glasgow Southside) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Urquhart, Jean (Highlands and Islands) (Ind)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 46, Against 62, Abstentions 0.

Amendment 13 disagreed to.

Amendment 3 moved—[Alex Fergusson].

The Deputy Presiding Officer

The question is, that amendment 3 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Smith, Liz (Mid Scotland and Fife) (Con)

Against

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Allard, Christian (North East Scotland) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hume, Jim (South Scotland) (LD)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McArthur, Liam (Orkney Islands) (LD)

McInnes, Alison (North East Scotland) (LD)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Salmond, Alex (Aberdeenshire East) (SNP)

Scott, Tavish (Shetland Islands) (LD)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Sturgeon, Nicola (Glasgow Southside) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Urquhart, Jean (Highlands and Islands) (Ind)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 42, Against 67, Abstentions 0.

Amendment 3 disagreed to.

The Deputy Presiding Officer

Group 2 is on the duty to publish information on parasites. [Interruption.] Amendment 14, in the name of Claudia Beamish, is the only amendment in the group.

Claudia Beamish

That seemed to cause a bit of a stir, Presiding Officer, but I will just continue.

During stage 1, there was a great deal of discussion about the appropriate resolution of the publication of sea lice data. In the stage 1 report, the committee stated that publication of sea lice data should be at a farm management area level, which is a step further than what is proposed by the SSPO. Publication of such data would allow the industry to demonstrate its management response and performance in relation to sea lice at a resolution that is relevant to the management unit of co-ordinated sea lice treatment: the farm management area.

Under the Fish Farming Businesses (Record Keeping) (Scotland) Order 2008, fish farms are already required to maintain a record of the number of parasites that are counted in the course of the weekly parasite counts. However, there is no current requirement to publish such data. The Aquaculture and Fisheries (Scotland) Act 2007 should therefore be amended to require the publication of parasite counts on a week-to-week basis, averaged over the farm management area. The data should be consistent with the requirements of paragraph (2) of schedule 1 to the record keeping order. The publication should occur within a month, as is the case in Ireland, and the data should remain for inspection and should not be removed at the next reporting period.

That latter point relates to a major failing, in my view, in the current system that the SSPO operates, under which data is available for only three months and then cannot be accessed, even on request.

The text of amendment 14 is slightly different from that of the amendment that was lodged at stage 2. The original wording included the word “compiling” but did not set out how long it should take to compile the data. The fact that the data had not been compiled could have been used to delay publication. I ask the minister to consider amendment 14, even at this late stage, in the interest of the development of good relations among the relevant sectors.

15:15

It is quite clear to me that transparency must be the overriding principle. Nothing that I have heard in evidence over the months has come any way to convincing me that there are counterarguments to invalidate that strong and important principle. There should be a requirement on the face of the bill for openness and transparency. It is not acceptable to play a game of wait and see. My amendment proposes a compromise. I am asking for publication to be at farm management area level, not farm level, and I am not asking for immediate publication. The proposed delay in publication recognises the industry concern that there should be time to put right any difficulties before publication. Surely that should enhance rather than threaten consumer confidence.

In my view, publication is in the public interest. Any arguments about commercial confidentiality simply do not make sense, if the fact that my amendment acknowledges the need for a time delay is taken into account.

Paul Wheelhouse

The member says that the commercial confidentiality arguments do not make sense, but does she accept that, with a farm management area that had a single operator operating in it, divulgence of the data would breach commercial confidentiality and could present a risk to the business?

Claudia Beamish

I understand what the minister says, but there are very few places where there is only a single farm. It is extremely important that I have incorporated a month’s delay. That will enable a farm or a firm to sort out any problems and present its recommendations for management of the fishery, and to give people confidence, when the data is published, that something is being done about the issue.

What other industry is allowed to hide successfully behind commercial confidentiality when the transparent development of scientific research and the public interest are on the other side of the scales? Neither farming nor waste management nor other industries that involve processes that cause air pollution are allowed to do so. Perhaps the minister can name such an industry, even at this late stage.

Of course there is good practice in sea lice management in the aquaculture industry, and it should be possible for that to be publicly shared. Science should be shared, too—not just within Marine Scotland but across academia—as that would enable good practice to be made even better. How can that happen if secrecy is at the heart of the sea lice data challenge?

In my view, amendment 14 will help to build trust in relationships between the relevant sectors, which is essential if we are to have sustainable jobs and sustainable seas here in Scotland.

I move amendment 14.

Graeme Dey

As a member of the Rural Affairs, Climate Change and Environment Committee, I very much agreed with the view that it expressed in its stage 1 report on the bill that it wanted

“data to be collated for each Farm Management Agreement, and each Farm Management Statement where an Agreement is not in place”,

and with its concern that the current lack of accessible data left an important gap in scientific research. At the time, I was also in accord with the view that what was required was access to farm-by-farm data for scientific purposes and that, at the very least, consideration should be given to publishing that data.

However, that unanimously agreed position was, to some extent, informed by the lack of a credible argument by the Scottish Salmon Producers Organisation against publication of data at a more granular level than the level at which it had offered to publish data, although I recall that, at stage 1, the minister articulated concerns about the possible negative commercial impact of doing that. Since then, we have moved on. Subsequently, the SSPO has engaged more positively, at least by explaining its worries about mischievous and perhaps malicious use of farm-by-farm data. More important, it has demonstrated a willingness to compromise.

Norway is held up as an example of somewhere where sea lice data is published without ill effect on the industry, but we should take account of what happened in Ireland when that course was followed. From a position in which it aspired to grow the fish farming sector from an annual production level of 15,000 tonnes to 50,000 tonnes, Ireland found itself in a position in which 14,000 tonnes a year was produced. It was accepted that the use to which sea lice data was put was a contributory factor, although by no means the only one.

Initially, the SSPO undertook to voluntarily provide sea lice data for 30 areas rather than the six areas for which it had been providing data, but it is now providing Marine Scotland with data for 76 FMAs. Although that data will not be published, it will be available for research purposes. I contend that that represents progress. I support that position, because it represents a balanced, proportionate step forward. Given where we are now, it is a sensible compromise. Data are to be published at a 30-area level, providing a degree of transparency that offers reassurance to the public and access to information that can be utilised to better direct the science.

As I understand it, the situation can be kept under review through the ministerial group on aquaculture. The Scottish Government has the power under the 2007 act to legislate if the voluntary approach is not working. That is a fair and balanced approach, which sends the message that we are treating the sea lice issue seriously while being supportive of an industry that employs around 6,000 people, directly and indirectly. I encourage the Parliament to endorse that approach.

Alex Fergusson

At stage 2, I lodged an amendment that would have ensured the regular publication of sea lice data on a farm-by-farm basis. It was ably spoken to and moved by my colleague Jamie McGrigor while I was on hard-working parliamentary duty in Malawi. Despite Jamie’s almost irresistible arguments, somehow the minister found a way of resisting them, and the amendment was rejected. The same fate befell an amendment from Claudia Beamish to reach a compromise by seeking—as does amendment 14 today—the publication of data on a farm management area basis.

Every scientist in the field wants farm-by-farm data for analytical purposes. However, if that is not to be—the Scottish Government has made it very clear that it will not countenance that—amendment 14 surely provides the most sensible compromise that has come forward so far.

Farm management areas are already the agreed management units for the industry. They are accepted as such, to the extent that, as Graeme Dey has just indicated, the industry itself has voluntarily agreed to make the data available at farm management area level to Marine Scotland science for the purpose of scientific research. I think that the minister verified that at stage 2.

If that is to be the case, surely the data that are held by Marine Scotland science must be publicly available through freedom of information legislation. Why not just go the whole hog and, as somebody once said, publish and be damned? The information is going to be available anyway, as far as I can see.

If the industry does not take that final step, the unfortunate question of what there is to hide will continue to hang over it. I say that in the genuine belief that it is an industry of which we all want to be proud. I do not wish to denigrate the industry in any way, as it has a huge role to play in rural employment and in the whole economy of the country, but the subject will keep coming back until the industry is completely open and accessible. I believe that amendment 14 goes a long way towards helping that, and we strongly support it.

The Deputy Presiding Officer

We are nearing the agreed time limit. Under rule 9.8.4A, I consider it necessary to allow the debate on this group to continue beyond the limit to avoid its being unreasonably curtailed.

Tavish Scott

I am concerned that amendment 14 is farm by farm by the back door, for the reason that the minister outlined in his intervention on Claudia Beamish earlier. I know of farms in my constituency that would be identified without a shadow of a doubt. That is the reality. The commercial consequences of that would be considerable. Some people may not believe that commercial arguments are relevant to the debate, and that is one point of view, but I do not share it.

Graeme Dey made some observations about the industry moving forward, which I think was in response to a helpful push from the Rural Affairs, Climate Change and Environment Committee. That has been the right approach. The industry has announced a fish health management report just in the past couple of days, and I think that it has been submitted to the minister. That is a sensible and constructive way forward.

In addition, the science project that the industry, the SSPO and the Government are undertaking must be the basis for what is done, even for Claudia Beamish and Alex Fergusson, with their observations about how the industry has to be as transparent as possible. That science project means that there should be an independent assessment of the impact of the industry on other species. I suspect that that is what Claudia Beamish and Alex Fergusson are driving at. That seems to be a reason to allow the process to continue in the way in which Graeme Dey has suggested. That would provide a balanced and proportionate approach to the challenge, while ensuring that we do not get embroiled in what I think are pretty significant issues of commercial confidentiality, which any industry would have very strong views about were the Parliament to impose the provisions of what is, no doubt, a well-meaning but misjudged amendment.

Jayne Baxter (Mid Scotland and Fife) (Lab)

I wish to speak briefly to amendment 14, which is in the name of my colleague Claudia Beamish. As members will recall from earlier stages of the bill, there has been much debate about the publication of sea lice data. At stage 2, the minister indicated that the ministerial group on aquaculture will keep the matter under review. I would like to hear from the minister how he will judge whether the arrangements for the reporting of data are fit for purpose.

By calling for publication of such data by farm management area and by specifying publication dates, amendment 14 strikes the necessary balance between making the data available and acknowledging the concerns of the industry. More important, the proposed requirement would mean that we would not need to wait for an element of failure or non-compliance from the industry before the data were published.

I am pleased to support amendment 14.

Paul Wheelhouse

As members will be aware, this subject has been debated several times as the bill has progressed through Parliament. As Claudia Beamish acknowledged, in response to a very similar amendment that she lodged at stage 2 I noted that we now have a commitment from the SSPO for enhanced voluntary reporting of sea lice data for 30 areas based on recognised wild fish catchments. The data will be published every quarter, with the first publication—covering January to March—being issued at the end of May. In addition, the SSPO will provide Marine Scotland science with access to sea lice information at farm management area level to support defined research projects. Those commitments are very welcome.

Alex Fergusson rose—

Paul Wheelhouse

If I may make some progress, I will come back to Mr Fergusson.

However, that voluntary sea lice public reporting approach must be seen as part of an overall package that allows us to ensure the environmental sustainability of fish farms. That is not the means by which compliance is judged. That is for a robust regulatory system—which the bill enhances—that is overseen by the fish health inspectorate, SEPA and others. Of course, fish health inspectors may also access farm-level data and, indeed, inspect fish cages during their inspections.

Alex Fergusson

The minister has confirmed that the data will be made available to Marine Scotland science on request. Can he also confirm that, once the information is in the hands of Marine Scotland science, it will be accessible under freedom of information legislation?

Paul Wheelhouse

I certainly acknowledge the issue that Mr Fergusson raises. I think that the key test is whether the data is retained by Marine Scotland staff. Obviously, we can discuss this issue at length in the Rural Affairs, Climate Change and Environment Committee, but my understanding is that the information would not necessarily be subject to FOI if the data is not retained by Marine Scotland.

On the issue of commercial confidentiality, I was reminded just last week of the commercial risk to companies where data is published and then used selectively and out of context to suit other agendas. I appreciate that amendment 14 is well intentioned, but it would pose a significant risk—as Tavish Scott acknowledged—for particular companies, especially where a single company operates in a farm management area, as I said to Claudia Beamish earlier.

We need to balance the need for public reassurance with the commercial challenges under which the salmon farming industry operates while taking into consideration the broader regulatory regime that exists. In that context, I believe that the enhanced SSPO proposals offer a balanced and proportionate step forward, as Graeme Dey indicated. For the first time, the data will allow comparison with wild fish catch and effort statistics, which will allow us to develop a better understanding of the potential impacts from fish farming.

At stage 2, I noted our commitment to reviewing the success of the voluntary arrangement within this session of Parliament, and I reiterate that commitment today. We will keep the issue under review through the ministerial group on sustainable aquaculture. On Jayne Baxter’s point, the ministerial group includes wild fisheries interests and environmental non-governmental organisations, so the group has the opportunity to go beyond the industry’s view on the issue to take on board points from others.

If it appears that the voluntary arrangement is not operating as expected and cannot be improved by voluntary means, we will use the existing powers in the 2007 act to legislate. I believe that the voluntary arrangements that I have outlined will address the concerns that Claudia Beamish has expressed both today and during previous stages of the bill. On that basis, I urge Parliament to resist amendment 14.

Claudia Beamish

I have listened with care to the comments that have been made by members from across the chamber.

In response to Graeme Dey’s concern that such a granular level of transparency has contributed to the contraction of the industry in Ireland, I note that that was not stated as the reason in any of the written or oral evidence that the committee received or during any of the visits that we undertook. Graeme Dey says that it might have been a contributory factor, but I am not convinced, having seen no evidence on that.

In relation to the science, it still perplexes me how research, in its broadest sense, can be shared across academia if the information is not made public. Marine Scotland might have the information, but the discussions that we have heard in the chamber today between Alex Fergusson and the minister about whether that information would be accessible through a freedom of information request seem to have highlighted some concerns. It is extraordinary that such information will not be available openly, especially in view of the delay. I acknowledge that the SSPO offer is a step in the right direction and I am in no way seeking to knock an industry in which there is very good practice. However, the SSPO offer does not go far enough.

15:30

Paul Wheelhouse

Does the member accept that we have the powers under the 2007 act to legislate and make proposals through secondary legislation if necessary to provide an alternative to the voluntary arrangement if that is proving ineffective? Does that not reassure the member that we are taking the issue seriously? I assure her that we would do that if necessary.

Claudia Beamish

I appreciate the minister’s commitment and I have listened carefully to what he has said. However, I still do not believe that it goes far enough and I would like to see amendment 14 made to the bill.

The delay will also help with the argument that information that is published could be used selectively and out of context. I cannot think of any other industry in which—as I understand it, and perhaps the minister will correct me if I am mistaken—the suggestion is that the information could be used inappropriately in any campaigns that might come up. I do not believe that that is a reason not to be open and transparent. An industry that uses good practice has nothing to hide, and I think that the amendment should be passed.

I have two final points. The planning permission issue is important and we need to be aware that the publication of data on sea lice might inform future planning permission in particular estuaries. Also, the issue of the consumer’s right to know came up during the recent horsemeat scandal. We need to pursue as much transparency as possible around our food, albeit that the industry mainly has an excellent record.

I press amendment 14.

The Deputy Presiding Officer

The question is, that amendment 14 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Smith, Liz (Mid Scotland and Fife) (Con)

Against

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Allard, Christian (North East Scotland) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hume, Jim (South Scotland) (LD)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McArthur, Liam (Orkney Islands) (LD)

McInnes, Alison (North East Scotland) (LD)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Salmond, Alex (Aberdeenshire East) (SNP)

Scott, Tavish (Shetland Islands) (LD)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Sturgeon, Nicola (Glasgow Southside) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 40, Against 65, Abstentions 0.

Amendment 14 disagreed to.

Amendment 15 moved—[Tavish Scott].

The Deputy Presiding Officer

The question is, that amendment 15 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Hume, Jim (South Scotland) (LD)

McArthur, Liam (Orkney Islands) (LD)

McInnes, Alison (North East Scotland) (LD)

Scott, Tavish (Shetland Islands) (LD)

Against

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Allard, Christian (North East Scotland) (SNP)

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

Fee, Mary (West Scotland) (Lab)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kelly, James (Rutherglen) (Lab)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lamont, Johann (Glasgow Pollok) (Lab)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McMillan, Stuart (West Scotland) (SNP)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Murray, Elaine (Dumfriesshire) (Lab)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Pentland, John (Motherwell and Wishaw) (Lab)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Sturgeon, Nicola (Glasgow Southside) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

Abstentions

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Davidson, Ruth (Glasgow) (Con)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Johnstone, Alex (North East Scotland) (Con)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

McGrigor, Jamie (Highlands and Islands) (Con)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Scanlon, Mary (Highlands and Islands) (Con)

Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 4, Against 90, Abstentions 13.

Amendment 15 disagreed to.

Section 3—Technical requirements for equipment used in fish farming

The Deputy Presiding Officer

Group 3 is on training in relation to equipment that is used in fish farming. I point out that we are several minutes behind, so brevity is of the essence. Amendment 16, in the name of Jim Hume, is grouped with amendments 17 to 20.

Jim Hume (South Scotland) (LD)

I will try to be as brief as possible, Presiding Officer.

The Deputy Presiding Officer

I am grateful.

Jim Hume

I will knock my remarks down to perhaps a couple of thousand words, rather than the 20,000 words that I had prepared.

I lodged amendments 16 to 20 at stage 3 with alterations that I am assured will make them more workable in law than the similar amendments that I lodged at stage 2. The minister was happy with the principle behind and the need for my amendments at stage 2, so I hope that he and his fellow members will recognise that and will accept amendments 16 to 20, as he has already signalled to me that he will.

The containment working group recognised that 29.5 per cent of escapes of farmed fish are due to human error rather than equipment failure. My amendments will mean that training to use equipment is part of the developing technical standard. The Scottish Aquaculture Research Forum recommended

“That protocols for operational control, supervision, management and training from a containment perspective are developed”

and that those protocols

“should ... become a legal requirement.”

I thank the minister and the Government for working constructively with me on amendments 16 to 20. I hope that fellow members recognise their importance. They will address concerns regarding human error in fish escapes and will lessen the chance of escapes in the future.

I move amendment 16.

Nigel Don (Angus North and Mearns) (SNP)

I support Mr Hume, not only because of the need to contain fish—although that is the primary reason—but because training is essential in any industrial process. Otherwise, we invariably run into health and safety issues. Out on cold water—the committee has been there—one can readily see that the issues might be considerable. Therefore, it is extremely important that people should be trained on specific bits of equipment in those circumstances. I also recognise that retaining a record of the training is an important part of ensuring that it has taken place. I commend amendments 16 to 20 to members.

Claudia Beamish

I highlight that there is much good practice in the aquaculture industry, not least that which the committee saw on its visits to fish farms. I support Jim Hume’s amendments, which relate not only to human error but to the health and safety of employees on fish farms in what are often dangerous situations, as Nigel Don highlighted.

Paul Wheelhouse

I will try to keep my comments briefer than I otherwise would have done, Presiding Officer.

I thank Jim Hume for lodging amendments 16 to 20 and I am pleased to support them. As I said at stage 2, I recognise the reasoning behind the amendments. He is right that such training would seek to reduce escapes as a result of human error and is therefore welcome protection for the marine environment. The amendments are a good response to the points that the committee raised in its stage 1 report and we are pleased to support them.

Training is as important an aspect of the work to develop technical standards as the requirement for equipment to meet technical specifications. That work will also cover operational procedures, codes of practice, operators manuals and the training of operatives to ensure that equipment is used appropriately and that procedures are followed correctly. That work is being done through the ministerial group on sustainable aquaculture and will, I hope, support the implementation of Jim Hume’s amendments.

We are already working with the industry to ensure that staff are appropriately trained, which builds on the industry’s best-practice workshops and in-house schemes, and I have asked the newly established ministerial group on sustainable aquaculture’s containment working group to consider training to prevent escapes as a result of human error. Finally, I understand that work on a recognised training qualification is well advanced.

I hope that everyone in the chamber will join me in supporting Jim Hume’s amendments 16 to 20.

Jim Hume

I welcome the support that my amendments have received and Nigel Don’s kind words about health and safety. Claudia Beamish is right to say that there is a lot of good practice in aquaculture. It is not as if everyone is indulging in bad practice or has not been trained but, given that 29.5 per cent of escapes are down to human error, there is an issue to address.

I welcome the support of the minister and his Government team and the moves that he has announced, and I will press amendment 16.

Amendment 16 agreed to.

Amendments 17 to 20 moved—[Jim Hume]—and agreed to.

Section 6—Enforcement notices

The Deputy Presiding Officer

Group 4 is on wellboats: time limit for appeals against enforcement notices. Amendment 21, in the name of Tavish Scott, is the only amendment in the group.

Tavish Scott

Amendment 21 seeks clarity from the Government about a difference between sections 16 and 6. I raised this issue at stage 2 and again seek an explanation from the minister, because I have spent some time looking at the issue and for the life of me have not been able to find the other legislation that he mentioned in his response at stage 2.

Section 16, which concerns emergency action notices, allows a 14-day period for appeal, while in section 6 the appeal period is only seven days. If the minister can clarify the reason for that difference, I will be more than happy to withdraw the amendment.

I move amendment 21.

Paul Wheelhouse

I will take up Mr Scott’s challenge. At stage 2, he said that, if I could illustrate that the bill is consistent in respect of section 6, which specifies a seven-day appeal period, and section 16, which specifies a 14-day appeal period, he would be more than happy to withdraw his amendment. He has reiterated that this afternoon, so I hope that I can persuade him of the case this time around.

I reassure Mr Scott that the bill is consistent. The crucial point is that the number of days allowed for an appeal in section 6 is deliberately different from that allowed in section 16 because the appeals relate to quite different situations. I will try to explain why. Section 6 replicates the provisions in section 6(7) of the 2007 act and provides for seven days to appeal against an enforcement notice. An enforcement notice will be issued only if the Scottish ministers are satisfied that the person in question has failed or is failing to comply with any requirement that has been imposed by regulations. A seven-day appeal period is reasonable and indeed was accepted for the 2007 act.

However, section 16 of the bill deals with a situation outwith the control of the person being issued with the notice. No failure to comply with regulations is implied and there is no assumption that it is the person’s fault that a commercially damaging species has been found on his or her fish or shellfish farm. That is why an emergency action notice is issued and why we consider it reasonable to give the person 14 days to appeal against the decision to serve the notice and the notice’s terms. As a result, I see no need for the two sections to be consistent with each other. For those reasons, which I hope make clear the rationale behind and the need for differing provisions, I ask Mr Scott not to press amendment 21.

Tavish Scott

I am grateful to the minister for putting that full explanation on the record. As I am content with it, I will withdraw amendment 21.

Amendment 21, by agreement, withdrawn.

Section 7—Marine enforcement officers’ functions

15:45

The Deputy Presiding Officer

Group 5 is on powers to detain wellboats in connection with court proceedings. Amendment 22, in the name of the minister, is grouped with amendments 23 to 27.

Paul Wheelhouse

The amendments make similar provision for the detention of wellboats in connection with court proceedings as appears in sections 31 to 33 for the detention of fishing vessels. Wellboats that operate in Scotland tend to be foreign owned and flagged. Marine enforcement officers have the power to direct or take a wellboat to port to facilitate their investigations. The rationale for the power to detain a wellboat in relation to court proceedings is to avoid the vessel sailing and accused persons attempting to evade justice.

There is ambiguity about the scope of existing statutory provisions to detain vessels beyond the point at which a report has been submitted to the procurator fiscal. Amendment 22 is designed to put the matter beyond doubt.

With that in mind, I move amendment 22.

Tavish Scott

The minister might correct me on this, but I am concerned that the amendments have not been subject to parliamentary scrutiny. They will, I think, insert new measures in the bill and they will create significant new powers, as will some of the minister’s later amendments. As I recollect, we discussed wellboats at stage 2, but the discussion was about the definition of a wellboat and not about the powers of enforcement or the powers of the fiscal in relation to charges, although I am happy to be corrected on that, too.

The Parliament has no mechanism whatsoever for reviewing legislation if an amendment that is new to the Parliament is lodged at stage 3. As far as I can tell, the committee has not looked at the subject of the amendments in the past. I am therefore concerned that what the amendments will introduce is a new measure that has not gone through consultation. The bill was consulted on last year, which is some time ago. The issue must cause concern about how we adequately scrutinise legislation in the Parliament.

Claudia Beamish

I align myself with Tavish Scott’s remarks. We support the policy intention, but it is very serious that Parliament has not been able to scrutinise the amendments previously. The committee and stakeholders have not seen any evidence; there might have been questions about funding implications in relation to marine enforcement officers.

The issue did not come up during the pre-consultation and consultation stages. I appreciate that it is likely that the minister is trying to ensure that the bill is as robust as possible, but I am seriously concerned about the scrutiny issue.

The Deputy Presiding Officer

Alex Fergusson, briefly please.

Alex Fergusson

I can be very brief because I simply want to associate myself with the remarks that Claudia Beamish and Tavish Scott made. It is regrettable that three groupings of amendments are introducing into the bill three completely different sets of provisions that we have not had a chance to scrutinise and on which stakeholders have not had a chance to make their opinions known. There might be other consequences of which we are not yet aware.

The position is difficult because I do not disagree with the intention of any of the three groupings of amendments, but I very much regret the fact that the committee has not had a chance to scrutinise them in the way that committees of the Parliament are uniquely supposed to. It is the committees that hold the Government to account. I very much regret that we have not had an opportunity to do so.

Paul Wheelhouse

I have listened to the points that members have made and I take on board the issue about the lateness of the proposals’ introduction. The amendments represent a serious effort to reduce the potential for our enforcement of a legal matter to be prevented by our inability to detain a vessel. Amendment 22 is a sincerely meant effort to balance the provisions on fishing vessels, which have been consulted on, with those that cover wellboats. Having said that, I press the amendment.

The Deputy Presiding Officer

The question is, that amendment 22 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

Against

Scanlon, Mary (Highlands and Islands) (Con)

Abstentions

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 59, Against 1, Abstentions 45.

Amendment 22 agreed to.

Amendment 23 moved—[Paul Wheelhouse].

The Deputy Presiding Officer

The question is, that amendment 23 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

Abstentions

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 59, Against 0, Abstentions 46.

Amendment 23 agreed to.

Amendment 24 moved—[Paul Wheelhouse].

The Deputy Presiding Officer

The question is, that amendment 24 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

Against

Campbell, Roderick (North East Fife) (SNP)

Abstentions

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 57, Against 1, Abstentions 46.

Amendment 24 agreed to.

After section 7

Amendment 25 moved—[Paul Wheelhouse].

The Deputy Presiding Officer

The question is, that amendment 25 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

Abstentions

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 59, Against 0, Abstentions 46.

Amendment 25 agreed to.

Amendment 26 moved—[Paul Wheelhouse].

The Deputy Presiding Officer

The next question is, that amendment 26 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

Abstentions

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 59, Against 0, Abstentions 46.

Amendment 26 agreed to.

Amendment 27 moved—[Paul Wheelhouse].

The Deputy Presiding Officer

The final question for now is, that amendment 27 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

Abstentions

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 59, Against 0, Abstentions 46.

Amendment 27 agreed to.

Section 22—Carcass tagging

The Deputy Presiding Officer

Group 6 is on carcass tagging regulations and offences. Amendment 4, in the name of Alex Fergusson, is grouped with amendment 5.

Alex Fergusson

The Rural Affairs, Climate Change and Environment Committee’s stage 1 report on the bill strongly supported the individual numbering of tags, which it believed

“would be an essential part of making the tagging scheme effective”,

as would the recording of those tags for the sake of complete traceability. Such schemes are in place in every other part of the United Kingdom and in the Republic of Ireland. For once, sadly, Scotland is lagging behind the rest.

Despite the robust recommendations in the committee’s report, the minister actually said very little about a tagging scheme during the stage 1 debate, so I was a little taken aback that it was not until my amendment on this subject was being debated at stage 2 that the minister came up with the theory that, if that amendment were accepted, the bill would need to be referred to Europe under the technical standards directive, with a consequential delay to the timetable. I am not entirely persuaded by that argument, because I am also advised that notification would need to be made only when the regulations themselves were made.

Therefore, it seems to me that the issue is that any scheme under section 22 that was not accepted by the EU would be rendered unworkable and ultra vires. Can the minister say on what possible grounds he thinks the EU might reject such a scheme, given that schemes involving individually numbered and recorded tags are already in operation in England, Wales and Northern Ireland and, indeed, in the Republic of Ireland?

Furthermore, if in some extraordinary way the scheme was indeed rejected by the EU, I cannot see how that would matter, because a scheme that does not use numbered and recorded tags is of no use to anybody at all. Therefore, ministers would no longer require the power to create a scheme that is given to them in section 22. I find it very hard to believe that accepting my amendment would constitute any real threat to the bill.

I am grateful to the minister for the time that he gave to discuss the issue with me last week, and I will listen carefully to what he has to say. I very much hope that he will at the very least commit to making an individually numbered and recorded tagging scheme the central or principal proposal in the consultation that is to take place later this year. If he can do so, I will happily consider withdrawing amendment 4.

On amendment 5, I am afraid that the minister and his advisers have somehow been overtaken by conspiracy theories. For instance, I have been asked whether the amendment is for the policy purposes of controlling trade in the interests of salmon conservation as a whole as opposed to being something fundamentally designed for the carcass tagging scheme in particular. I can say only that I am innocent of all such charges. The amendment is purely and simply about consistency of language. In no section of the 2003 act is there reference to the word “selling” without the addition of the word “buying”. If the amendment is not accepted, section 22 will be the only part of the resultant act that refers to selling without an equal reference to buying. This is no conspiracy; it is simply a request for consistency.

I move amendment 4.

16:00

The Deputy Presiding Officer

Once again, as we are nearing the agreed time limit, under rule 9.8.4A I consider it necessary to allow the debate on this group to continue beyond the limit in order to avoid the debate being unreasonably curtailed.

Claudia Beamish

In relation to amendment 4, I find it quite odd to contemplate such a scheme without numbers. Although I respect the need for stakeholder consultation—which has not happened here—I would still be looking for a commitment from the minister today to consideration of numbered tags.

As I understand it, by inserting the word “buys” amendment 5 simply brings consistency with previous legislation. If someone cannot sell, why should they be allowed to buy?

The Deputy Presiding Officer

Minister, as briefly as you can, please.

Paul Wheelhouse

I apologise, Presiding Officer. I may have to take longer than I would have hoped.

As members have acknowledged, there has been considerable interest in the issue of carcass tagging during the passage of the bill. The bill creates enabling powers to make a scheme, the detail of which is to be set out in secondary legislation. I have maintained that point all along. That is the appropriate and routine approach for provisions of a technical nature.

Amendment 4 presents difficulties in terms of compliance with the technical standards directive and prejudges the outcome of a consultation process to which I have already committed. Crucially, if any submission to the European Commission were rejected, as the member has acknowledged, the entire section of the bill could be rendered ultra vires and thereby invalidated. I take the point that the member has made in relation to whether the section would have any validity. I accept that he has a position on that, but the Government has taken the view that we would rather not have that section and the bill fall. The risk of rejection may be low but we should not take that risk; we should instead follow due process.

I recognise that many people have views about what the carcass tagging scheme should look like and how it should operate. A key issue will be whether it should make use of individual numbered tags and create recording requirements. I am aware of the views of the members of the Rural Affairs, Climate Change and Environment Committee, including members from my own benches, on the issue. I have also listened to Mr Fergusson’s points today.

I have already committed to a full consultation scheme and can confirm that numbered tags and recording will be an option set out in the consultation. Other issues to be considered are how the scheme will be administered, how it will be funded and how it will be enforced. I look forward to engaging with stakeholders, including the Scottish Parliament, on this issue. There are differing opinions about the scheme and we must engage across the sector to deliver a scheme that is fit for purpose and proportionate. Consultation will commence this calendar year and I will bring regulations to Parliament before next year’s summer recess.

Alex Fergusson

I think that the minister said that he would bring the timetable for consultation forward. If that is the case, I appreciate that. He also said that a scheme with individually numbered tags would be an option in the consultation. Will that be the principal option that will be consulted on?

Paul Wheelhouse

I believe that there is a logic to having numbered tags. I mentioned at stage 2 that I felt that there was no technical reason why numbered tags would not be possible. However, we must consult stakeholders and take their views on whether that is the appropriate way of dealing with the problem. I certainly see it as being a key measure in the consultation exercise. There will potentially be others. We cannot close off the options at this stage. However, in recognising the views of the committee and Parliament, I would see that being a key part of the consultation.

I hope that I have offered sufficient reassurance to Mr Fergusson and other members on that point. The issue of numbered tags and recording will be considered fully as part of the process of developing secondary legislation. On that basis, and for the technical reasons that I mentioned earlier, I ask Mr Fergusson to recognise the commitment that I have given today and not to press amendment 4.

In the interests of conservation, I support strict regulation on the trade of wild salmon. Amendment 5 seeks to add the word “buys” to the offence associated with carcass tagging. That would make no material difference to the offence as the term “possession”, already included in the provision, covers possession as a result of purchase.

If Mr Fergusson wishes to see greater consistency and comprehensive offence provisions in the trade of wild salmon, I consider that there are more suitable vehicles in this amendment. For example, a conservation regulation could be made to prohibit the sale of all rod-caught salmon. I am happy to consider the option further and to engage with him and the committee on our proposal should we progress it.

I therefore ask Mr Fergusson not to press amendment 5.

Alex Fergusson

I said that I would listen very carefully to what the minister said, and I did. I am grateful to the minister for taking an intervention. He has said enough to satisfy me that a scheme involving individually numbered and recorded tags will be a central part of the consultation that is to come. Therefore I do not intend to press amendment 4. However, I intend to press amendment 5, when it is the right time to do so, because I think that it is important to have consistency in any legislation.

Amendment 4, by agreement, withdrawn.

Amendment 5 moved—[Alex Fergusson].

The Deputy Presiding Officer

The question is, that amendment 5 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Smith, Liz (Mid Scotland and Fife) (Con)

Against

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

Fabiani, Linda (East Kilbride) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hume, Jim (South Scotland) (LD)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McArthur, Liam (Orkney Islands) (LD)

McInnes, Alison (North East Scotland) (LD)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Scott, Tavish (Shetland Islands) (LD)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 42, Against 64, Abstentions 0.

Amendment 5 disagreed to.

Section 25—Monitoring and evaluation of the effects of orders, etc

The Deputy Presiding Officer

Group 7 is on monitoring and evaluating the effects of orders, et cetera, and penalty for offences. Amendment 6, in the name of Alex Fergusson, is grouped with amendment 7.

Alex Fergusson

Section 25 allows district salmon fishery boards to be criminalised for failing to monitor the effects of an order. One of the points that I made at stage 2 was that the level of penalty that the Scottish Government is proposing could have a deterrent effect, especially for some individuals who might wish to be involved in one of the smaller boards across the country. The minister was at pains then to point out that the impact could only be on boards as a whole, rather than on any individual. I draw the minister’s attention to section 25, page 28, line 27, which states that

“A board which or proprietor who commits an offence”

will be impacted—so I beg to differ on that point.

My purpose in lodging the amendments is not to protect either a board or an individual. It is simply to seek a degree of proportionality in the level of penalty that is to be applied. A level 4 penalty, as is suggested in the bill, is the lowest that can be applied as an alternative to a custodial sentence; in other words, the alternative would be prison. It is normally applied to offences that pose

“more appreciable and culpable risks to health and safety, such as careless driving”,

using a mobile phone while driving a heavy goods vehicle or speeding on a motorway. The equivalent custodial sentence is about three months’ imprisonment. With the best will in the world, I do not think that we can equate the failure to monitor the effects of an order with serious misdemeanours such as careless driving and using a mobile phone while driving an HGV. Therefore I appeal to the minister, this last time on an amendment in my name, to let his sensitive side come out and to bring a more realistic degree of proportionality to the crime that we are about to establish.

I move amendment 6.

The Deputy Presiding Officer

Minister, sensitively, please.

Paul Wheelhouse

I feel Mr Fergusson’s pain and will show great sensitivity.

Monitoring and evaluation management measures are a fundamental element of fisheries management. I want to make clear my expectation that monitoring will be built into any case for statutory measures. How else can efficacy be judged and practice shared? It is right that there is a sanction for failure to comply with monitoring requirements, and that sanction must act as a deterrent to committing an offence. However, I have listened to Mr Fergusson’s arguments about the appropriate level of fine and have reflected on where the offence sits in relation to Scottish Government guidance. On balance, and given the power of Mr Fergusson’s arguments, I accept his view and recommend that amendments 6 and 7 be agreed to.

The Deputy Presiding Officer

I call Alex Fergusson to wind up.

Alex Fergusson

I am so overcome by the minister’s sensitivity that I have nothing further to say, other than to express my gratitude.

Amendment 6 agreed to.

Amendment 7 moved—[Alex Fergusson]—and agreed to.

After section 29

The Deputy Presiding Officer

Group 8 is on application to the Crown of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 and the bill. Amendment 28, in the name of the minister, is grouped with amendments 42 to 44.

Paul Wheelhouse

After almost an hour and a half of debate, members will be on the edge of their seats, but I must apologise in advance, because group 8 covers a number of technical amendments that deal with the application of the legislation to the Crown, which, by its nature, is a particularly dry subject. Her Majesty’s private office is aware of the amendments.

I signalled in my letter of 8 May to the convener of the Rural Affairs, Climate Change and Environment Committee my intention to lodge amendments to clarify the application of salmon and freshwater fisheries legislation to the Crown. Crown application is determined on a case-by-case basis in the context of policy needs. The Crown in all its forms owns and manages a number of salmon fisheries in Scotland. It is therefore important in the interests of national consistency that salmon and fisheries legislation applies to the Crown and Crown land. The 2003 act makes some provision for Crown application, but it is desirable that the provision be reworked to aid understanding and enforcement of the law.

Amendment 28 will apply the 2003 act to the Crown and to Crown land. That means that offences will apply in relation to Crown land and that those in the public service of the Crown can be held liable. Statutory provision is also made in relation to exercising access rights to Her Majesty’s private estate. Those who are appointed by the Scottish ministers to carry out sampling or investigation activity under section 64 of the 2003 act will be required to obtain written permission where access is required to the private estates. Those provisions give statutory effect to administrative arrangements. The requirement to obtain written permission will also apply to bailiffs’ powers of entry, which will provide clarity on local enforcement of the legislation.

At this point in particular, I ask my colleagues across the chamber for their forbearance, as I put the following on the record. I might even say, “Listen carefully, I shall say this only once, for all our sakes.”

Alex Johnstone (North East Scotland) (Con)

Was that in tribute to the member’s new French colleague?

Paul Wheelhouse

Indeed—Mr Johnstone picked that up well. I spared Mr Allard the accent, though.

Section 55(1) of the bill provides immunity from prosecution for the Crown. Amendment 42 will provide that the immunity does not extend to public servants of the Crown. That applies to the standalone offences that are created by or under the bill, which relate mainly to aquaculture issues. The provision brings consistency of approach in the bill in relation to Crown liability.

Amendment 43 will remove section 55(3) of the bill, which would have amended section 67 of the 2003 act. As section 67 is rewritten and inserted into the 2003 act by amendment 28, section 55(3) is no longer necessary. Amendment 44, which removes a cross-reference to section 55(3), is consequential on amendment 43.

After all that, it might be a blessed relief to colleagues when I say that I move amendment 28.

Alex Fergusson

I will be brief. Again, I have no issue with the outcome or intention of amendment 28 or the other amendments in the group. My concern is that the normal scrutiny processes of the committee have been bypassed. I will not rehearse the arguments, as they have already been rehearsed but, for that reason alone, I cannot allow the measures to simply be nodded through.

Paul Wheelhouse

I accept Mr Fergusson’s view on consultation and the need to ensure that Parliament has its say on the issue, and I am happy to let the matter take its course.

The Deputy Presiding Officer

The question is, that amendment 28 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

Fabiani, Linda (East Kilbride) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

Abstentions

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

16:15

The Deputy Presiding Officer

The result of the division is: For 60, Against 0, Abstentions 45.

Amendment 28 agreed to.

Section 50—Power to charge in connection with fisheries functions

The Deputy Presiding Officer

Group 9 is on the power to charge in connection with fisheries functions. Amendment 29, in the name of Tavish Scott, is grouped with amendments 30 to 38.

Tavish Scott

The debate on this group is simply about the minister and the Government taking the power to charge for services that will now be provided by various Government agencies, notably Marine Scotland. As we know—some of us have dealt with this matter over some years—Marine Scotland has three distinct functions: enforcement of regulation, policy and research. The contention and the concern of many people across the industry are that, in instigating the charging regime, there is an inherent conflict of interest in respect of the Government and its agencies, and that there is therefore a need for transparency. That is what my amendments seek to provide.

There are two other practical points. First, the industry can procure some services from other sources—it does not need to buy in those services only from Government. There is considerable concern that the way in which the bill is now drafted means that there will effectively be no choice, and that the Government will state what services and functions have to be undertaken and how it will charge for them, and that is that. I seek, particularly in amendment 37, to ensure that there is some transparency in that process.

Secondly, the fish health inspectorate of course plays an important role, but it fulfils one of the three functions within Marine Scotland, which I think creates a pretty clear conflict of interest. The inspectorate is able to charge for services that are not underpinned by statute or secondary legislation such as a ministerial order. The Government is taking a very considerable power under the bill, which will come through via secondary legislation—the minister was gracious enough to admit that—and I rather suspect that the Parliament will scrutinise those provisions a lot less than it would if they were in the form of proposed primary legislation.

There seem to be some basic points around transparency that are important in the context of the Government taking a power to charge an industry for services that the Government provides. My amendments seek to ensure that that transparency is there, and that there is some clarity in the process.

I move amendment 29.

Paul Wheelhouse

I must confess to some surprise that we have been asked again to consider these amendments in the name of Tavish Scott, although I hear what he says about concerns over scrutiny.

I explained our position at stage 2, and I have provided several reassurances about our commitment to consultation on any proposals. Through a Government-lodged amendment, we endorsed the recommendation of the Rural Affairs, Climate Change and Environment Committee and the Subordinate Legislation Committee that any regulations emerging from our exercising the power would be subject to the affirmative procedure.

During stage 2, Mr Scott helpfully outlined the purpose behind his amendments, namely that he considered that Marine Scotland’s

“three functions”

of

“enforcement of regulation, scientific research and policy”

are

“distinct and need to be dealt with separately in any proposed charging regime. Otherwise, there will be a self-evident conflict of interest.”—[Official Report, Rural Affairs, Climate Change and Environment Committee, 27 March 2013; c 2023.]

I do not necessarily agree with that view but, as I have said before, it is clear that the basis for any charging regime will be informed by the consultation that is provided for in section 50(5).

As I have outlined previously, the primary purpose of the provisions is to promote the effective use of resources. Any charges that are payable under regulations that are made using the power

“may have the effect of requiring a person to pay a charge only if, and so far as, the person is someone in relation to whom a specified fisheries function”—

that is, functions under any legislation relating to fish farming, shellfish farming, salmon or freshwater fisheries or sea fishing—

“has been ... carried out”.

The provisions also encompass enforcement and compliance.

Fundamentally, the charge may not

“exceed the reasonable costs incurred in the carrying out of”

the function. The charge therefore must relate to the function in respect of which it is charged, and it may not generate a surplus.

Tavish Scott

I am grateful for that clarity. Will the minister reflect on the point about the industry procuring services from a different source?

Paul Wheelhouse

I noted Mr Scott’s comments in that respect. The consultation received only one substantive response about the issue, which in fact covers a wider area than was addressed by that respondent. However, even though only one response expressed concern, I certainly assure Mr Scott that we will have clarity on the matter.

Amendment 37 is another amendment that is familiar to me from stage 2. Mr Scott seeks to place in the bill a requirement for ministers to conduct a review and then prepare and publish a report on the operation of any regulation within a specific time period. Although I fully agree that any new regulations should be reviewed, I do not think that the parameters of that process should be determined or restricted before any wider policy development or public consultation takes place.

I urge members to resist amendments 29 to 38.

Tavish Scott

There is a fundamental point about the Government’s taking the power, which is why there is an onus on us in Parliament to seek to instigate in primary legislation a reporting mechanism that allows for the transparency and clarity that I am trying to achieve in my amendments. Indeed, we have no alternative but to do so. The minister has only reflected on the point about the industry procuring services from a different source, but there are potentially a considerable number of ways of doing that, and I would have hoped for a stronger answer to my point.

I will press amendment 29 because I believe that it sets out an important principle that we should adopt.

The Deputy Presiding Officer

The question is, that amendment 29 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Davidson, Ruth (Glasgow) (Con)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

McArthur, Liam (Orkney Islands) (LD)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

Against

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

Fabiani, Linda (East Kilbride) (SNP)

Fee, Mary (West Scotland) (Lab)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McMillan, Stuart (West Scotland) (SNP)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Murray, Elaine (Dumfriesshire) (Lab)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Pentland, John (Motherwell and Wishaw) (Lab)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 17, Against 88, Abstentions 0.

Amendment 29 disagreed to.

The Deputy Presiding Officer

I call amendment 30, which has already been debated with amendment 29.

Tavish Scott

If it will help, Presiding Officer, I say now that I will not move the rest of the amendments in the group.

The Deputy Presiding Officer

Thank you very much, Mr Scott, but I am afraid that I will still have to call each amendment and you will have to tell me whether you wish to move it.

Amendments 30 to 38 not moved.

Section 51—Fixed penalty notices

The Deputy Presiding Officer

As we are once again nearing the agreed time limit, I consider it necessary under rule 9.8.4A of the standing orders to allow the debate on the next group to continue beyond the limit to avoid the debate being unreasonably curtailed.

Group 10 is on fixed-penalty notices. Amendment 39, in the name of the minister, is grouped with amendments 40 and 41.

Paul Wheelhouse

Amendments 39 and 41 bring offences that are associated with the control of wellboat activities in section 5(5) of the bill within the scope of the fixed-penalty notice regime under the Aquaculture and Fisheries (Scotland) Act 2007, as amended by the bill.

Wellboats used in aquaculture treatments are one of a number of marine activities that are routinely licensed under part 4 of the Marine (Scotland) Act 2010. To complete the enforcement regime, therefore, the amendments also bring marine licensing offences within the scope of the fixed-penalty notice regime.

Fixed-penalty notices provide the option of a non-court disposal in advance of prosecution. If a fixed-penalty notice is not paid within the deadline set, a report is submitted to the procurator fiscal. The 2010 act, which also provides for civil sanctions for the infringement of the marine licensing regime, is amended to add in safeguards that prevent civil penalties from being imposed in circumstances where a fixed-penalty notice has been offered.

The amendments complement and complete other measures taken in the bill and help to ensure robust wellboat controls and wider marine management measures. At the same time, they provide options for operators to deal with business regulatory non-compliance outwith the criminal justice system.

Amendment 40 is a minor drafting amendment to correct a reference to the 2007 act.

I move amendment 39.

The Deputy Presiding Officer

I call Alex Fergusson—briefly, please.

Alex Fergusson

Sadly, this is the third group of amendments that the Government has chosen to lodge without proper committee scrutiny. I do not need to go over all the arguments. I get the impression that the minister rather regrets the fact that he has had to introduce the measures in that way. Again, we do not disagree with the outcome but, on a point of principle, I simply cannot let the amendments go unopposed.

Paul Wheelhouse

The amendments are consistent with the basis on which we consulted on other fixed-penalty notices. I appreciate Mr Fergusson’s point, but the general principle of how such measures are applied has been consulted on.

The Deputy Presiding Officer

The question is, that amendment 39 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

Fabiani, Linda (East Kilbride) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

Against

Johnstone, Alex (North East Scotland) (Con)

Abstentions

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 59, Against 1, Abstentions 45.

Amendment 39 agreed to.

Amendment 40 moved—[Paul Wheelhouse].

The Deputy Presiding Officer

The question is, that amendment 40 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

Fabiani, Linda (East Kilbride) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

Against

McGrigor, Jamie (Highlands and Islands) (Con)

Abstentions

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 59, Against 1, Abstentions 45.

Amendment 40 agreed to.

After section 51

Amendment 41 moved—[Paul Wheelhouse].

The Deputy Presiding Officer

The question is, that amendment 41 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

Fabiani, Linda (East Kilbride) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

Abstentions

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 59, Against 0, Abstentions 46.

Amendment 41 agreed to.

Section 55—Crown application

Amendment 42 moved—[Paul Wheelhouse].

16:30

The Deputy Presiding Officer

The question is, that amendment 42 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

Fabiani, Linda (East Kilbride) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

Abstentions

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 59, Against 0, Abstentions 46.

Amendment 42 agreed to.

Amendment 43 moved—[Paul Wheelhouse].

The Deputy Presiding Officer

The question is, that amendment 43 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

Fabiani, Linda (East Kilbride) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

MacKenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

Abstentions

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 59, Against 0, Abstentions 45.

Amendment 43 agreed to.

Section 56—Commencement

Amendment 44 moved—[Paul Wheelhouse].

The Deputy Presiding Officer

The final question is, that amendment 44 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

Fabiani, Linda (East Kilbride) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Caithness, Sutherland and Ross) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

McMillan, Stuart (West Scotland) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

Abstentions

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Baxter, Jayne (Mid Scotland and Fife) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Carlaw, Jackson (West Scotland) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Davidson, Ruth (Glasgow) (Con)

Dugdale, Kezia (Lothian) (Lab)

Eadie, Helen (Cowdenbeath) (Lab)

Fee, Mary (West Scotland) (Lab)

Fergusson, Alex (Galloway and West Dumfries) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Gray, Iain (East Lothian) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Henry, Hugh (Renfrewshire South) (Lab)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McTaggart, Anne (Glasgow) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland Islands) (LD)

Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 57, Against 0, Abstentions 46.

Amendment 44 agreed to.

The Deputy Presiding Officer

That ends consideration of amendments. Thank you all very much.

Portfolio Question Time

Aquaculture and Fisheries (Scotland) Bill

Meeting of the Parliament

Meeting date: Wednesday, May 15, 2013

Contents

Aquaculture and Fisheries (Scotland) Bill: Stage 3