Regulatory Reform (Scotland) Bill: Stage 3
The next item of business is stage 3 proceedings on the Regulatory Reform (Scotland) Bill. In dealing with the amendments members should have the bill as amended at stage 2, SP bill 26A; the marshalled list of amendments, SP bill 26A-ML; and the groupings, SP bill 26A-G. The division bell will sound and proceedings will be suspended for five minutes for the first division of the afternoon. The period for 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 button as soon as possible after I call the group.
Members should refer to the marshalled list of amendments.
Section 4—Regulators’ duty in respect of sustainable economic growth
Amendment 15, in the name of Alison Johnstone, is grouped with amendments 16 to 22. Due to pre-emptions, if amendment 17 is agreed to, I cannot call amendment 18, and if amendment 20 is agreed to, I cannot call amendment 21.
The subject of my amendments has formed a substantial part of the debate around the bill. The phrase “sustainable economic growth” has never previously appeared in primary legislation so I hope that the Government welcomes the scrutiny here.
The amendments in this group are in two sets. My preferred set of amendments—16, 17 and 20—would remove from the bill the section 4 duty on regulators and references to sustainable economic growth in the regulators’ code of practice and the Scottish Environment Protection Agency’s purpose. Amendments 19 and 22 are related to those changes but consequential.
Why do I believe that the section 4 duty should be removed and the references to sustainable economic growth deleted? Sustainable economic growth is the Government’s stated purpose and it has every right to promote its policy priorities, but I fail to see the link that the minister claims exists between the proposed duty and delivering the policy intention of regulatory consistency.
No one denies that Scotland is a good place in which to do business. The Scottish Trades Union Congress made the point in its evidence to the Economy, Energy and Tourism Committee that we are not living in an overly regulated world. Scottish regulators are willingly engaged with the regulatory review group and good progress is being made on consistency in non-legislative ways.
We have heard no practical examples from the Government of how the duty will work. In fact, many of the regulators told us that they had no objection to the duty because they were already contributing to the Government’s purpose. If that is the case, why must we add unnecessary complications, with legislation that is not needed, and new duties, when collaborative initiatives are already working?
The other set of amendments—15, 18 and 21—do not delete sections or paragraphs but replace the bill’s references to “sustainable economic growth” in the regulators’ duty, the code of practice and SEPA’s purpose with the phrase “sustainable development”. Those are not my preferred amendments but I have lodged them in the hope that, should members wish to retain the section 4 duty, they will be able to support referring to a concept in law that explicitly balances social, environmental and economic considerations.
The concept of sustainable development is well recognised, which addresses the concerns of many bodies—including the Law Society of Scotland—that any new concept in law will be open to the courts to define and may cause confusion about what should and should not be considered in any decision making. Additional concerns were raised at stage 2 that sustainable development does not, in practice, balance its three pillars, but rather focuses on the environmental aspect. However, I suggest that that is more a result of the concept being applied in areas in which the environment has previously been overlooked.
No one wants regulators to act inefficiently or in overly complicated ways, but they are generally doing a very good job, and the regulatory review group reports that it is making good progress on consistency in non-legislative ways. Of course, there are always improvements to be made, especially in supporting small businesses, but the rest of the bill will provide the Government with other powers in relation to national standards and consistency, and I fail to see how the section 4 duty and other references to contributing to “sustainable economic growth” will connect with a policy objective of regulatory consistency.
I move amendment 15.
On this particular issue, the Scottish Government has called it right. The scrutiny has been useful in that it tightens up some of the guidance in the code of practice that will follow, but on the principal issue I support what the Government is doing, which is something that my party has approved of for quite some time.
I disagree in principle with the arguments against the provision. By placing a duty on regulators, the bill raises the profile of the issue, provides a vision and creates a change in culture. It also protects the primary role of each regulator by giving a clear exception where there is a conflict, as under section 4(1). It does not override the regulators’ primary duties, but it rightly places on them a new duty that must be taken into consideration.
The arguments about the definition have been countered by the Government, which has made it clear that there will be a full definition both in guidance and in a code of practice. I was comforted too by the idea that the Economy, Energy and Tourism Committee will have oversight and involvement.
I note in passing that the Office of the Scottish Charity Regulator stated in its written submission to the Economy, Energy and Tourism Committee that it
“already reports on sustainable economic growth as required by Section 31(1) ... of the Public Services (Scotland) Act 2010.”
The reference should be to section 32 of the Public Services Reform (Scotland) Act 2010, but, nevertheless, the fact that OSCR was able to overcome the definitional challenges in that respect leads me to believe that we will be able to do the same with this bill. On that basis, the Conservatives will not support Alison Johnstone’s amendments.
I am told that there has been some progress on the matter since we discussed it at stage 1, so I will be interested to hear what the minister has to say. When I read the reports on the bill by the Economy, Energy and Tourism Committee and the Rural Affairs, Climate Change and Environment Committee, I was struck by the range of bodies that were expressing concerns about the definition. Some of those were environmental groups, as we might have expected, but a much broader range of bodies, such as the STUC, expressed concerns, and even some business organisations were sceptical about the definition.
I am genuinely puzzled as to why the phrase, which we know is central to the Government’s purpose, should be introduced into legislation for the first time. I recall one academic saying in evidence that the definition was ambiguous and that some people might even take it to mean growth that was economically sustainable, which I do not think is the intention of the Government’s wording.
The ambiguity around the definition leads to a lack of clarity. I will be interested to hear the minister’s response, but I believe that supporting Alison Johnstone’s second set of amendments on the concept of sustainable development would be a much more sensible and consistent approach, because the concept already exists in legislation—for example, I remember that there were debates about the concept during the passage of what became the Planning etc (Scotland) Act 2006. The idea of balancing economic and environmental considerations is established, and the concept of sustainable development is well established in law.
As I indicated, I think that there has been progress on the issue, so I will listen with an open mind, but I am still concerned about the definition and I am struck by the wide range of bodies giving evidence. I remember the Rural Affairs, Climate Change and Environment Committee saying that there should be a definition in the text of the bill and, given the ambiguity of the term in question, I would be interested in hearing an explanation of why that suggestion has not been taken up.
I am grateful to members for contributing to the debate as they have contributed to debating the issue at stages 1 and 2. I understand that the amendments in this group are identical word for word to ones that were previously submitted. We have debated the matter before, but I am grateful for the contributions that members have made.
Sustainable economic growth is an essential component of the Scottish Government’s purpose. We are determined to promote in all Scottish regulators a broad and deep alignment to it. The sustainable economic growth duty in the bill provides an important line of sight to the Government’s purpose. It will complement existing duties, increase transparency, encourage greater regulatory consistency and encourage more engagement and joined-up working.
Many regulators already contribute to sustainable economic growth in their day-to-day activities, as has already been mentioned. The wording of the duty seeks to build on that to support and empower regulators to contribute to the Government’s purpose, making them more accountable for the decisions that they make.
The Scottish Government and regulators in Scotland value sustainable economic growth and the protection of the environment. Those need not be mutually exclusive. The duty does not prioritise sustainable economic growth over other regulatory objectives. Regulators need to determine an appropriate balance between regulatory and economic objectives, and the code of practice will help them do that. The duty is underpinned by the code of practice, which will build on and encourage best practice and support regulators who deliver the duty in contributing to achieving sustainable economic growth.
Regulators have signalled that they already act in that way. The duty will support and build on that, helping to protect our people and our environment and helping business to flourish and create jobs.
We are firmly committed to promoting sustainable economic growth and to the current provisions in the bill. Sustainable development is an integral part of sustainable economic growth and, therefore, the Scottish Government does not support the amendments in the group.
Gavin Brown stated that the Government’s proposal would highlight economic growth. It is fair to say that economic growth already has a very high profile and regulators currently contribute to sustainable economic growth. There is no need to include it in the bill.
I disagree with Gavin Brown that the bill will clarify matters in cases of conflict. It is my view and that of others—including Scottish Environment LINK, the STUC and Consumer Focus Scotland—that the bill introduces a conflict that does not currently exist. The Rural Affairs, Climate Change and Environment Committee believes that the duty would confuse regulators, and Scottish Environment LINK has said:
“We fear the greatest risk remains the unintended consequences of this move on our legal system, amounting to a ‘lawyers’ charter’ instead of assisting with practical decision making and streamlining regulation.”
I welcome the fact that ministers have already removed the duty from the planning system. It is fair to say that there are well-documented instances in which the economy has trumped the environment when it comes to planning, and I am concerned that the duty will make it more difficult to implement truly balanced regulation.
As Malcolm Chisholm mentioned, the Scottish Government’s proposal has united some incredibly diverse groups in concern and opposition. Those include Oxfam, the Law Society of Scotland, the STUC, Scottish Environment LINK and the Association of Salmon Fishery Boards to name but a few.
The fundamental question is not about definitions, because we understand the general thrust of what is meant by sustainable economic growth, but whether it is right to place such an economic duty on regulators in the first place. Regulators help to stop the tiny minority of people who cheat or deceive and who thereby gain economic advantage over businesses that play by the rules. That is how they help our economy to operate smoothly. They enable a fair, competitive environment in which business can develop, and they should be allowed to focus entirely on that main purpose. I will press amendment 15.
The question is, that amendment 15 be agreed to. Are we agreed?
Members: No.
There will be a division. As it is the first division of the stage, the Parliament is now suspended for five minutes.
14:14
Meeting suspended.
14:19
On resuming—
We move to the division on amendment 15.
For
Baker, Richard (North East Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (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, Siobhan (Central Scotland) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Smith, Drew (Glasgow) (Lab)
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, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
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)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (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)
McDonald, Mark (Aberdeen Donside) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
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)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (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 result of the division is: For 26, Against 71, Abstentions 0.
Amendment 15 disagreed to.
Amendment 16 moved—[Alison Johnstone].
The question is, that amendment 16 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Baker, Richard (North East Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (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)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Smith, Drew (Glasgow) (Lab)
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, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
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)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (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)
McDonald, Mark (Aberdeen Donside) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
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)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (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 result of the division is: For 28, Against 71, Abstentions 0.
Amendment 16 disagreed to.
Section 6—Code of practice: procedure
I remind members that, if amendment 17 is agreed to, amendment 18 will be pre-empted.
Amendment 17 moved—[Alison Johnstone].
The question is, that amendment 17 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Baker, Richard (North East Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (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)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Smith, Drew (Glasgow) (Lab)
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, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
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)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (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)
McDonald, Mark (Aberdeen Donside) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
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)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (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 result of the division is: For 28, Against 71, Abstentions 0.
Amendment 17 disagreed to.
Amendment 18 moved—[Alison Johnstone].
The question is, that amendment 18 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Baker, Richard (North East Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (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)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Smith, Drew (Glasgow) (Lab)
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, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
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)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (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)
McDonald, Mark (Aberdeen Donside) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
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)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (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 result of the division is: For 28, Against 71, Abstentions 0.
Amendment 18 disagreed to.
Section 7—Power to modify schedule 1
Amendment 19 not moved.
Section 10—Regulations relating to protecting and improving the environment
Group 2 consists of minor and technical amendments. Amendment 2, in the name of Paul Wheelhouse, is grouped with amendments 3 and 9.
Amendment 2 is a minor technical amendment, correcting a referencing error in the text of the bill as introduced.
Amendment 3 is needed because SEPA will certify non-compliance with an enforcement undertaking under regulations to be made using the new powers in section 19 of the bill, rather than directly under that section.
During stage 2, new provisions were agreed, providing a broad legal framework for primary authority in Scotland. Primary authority will deliver improved consistency of regulation and will reduce duplication. Amendment 9 includes a reference to “primary authorities” in the long title of the bill to ensure that it fully reflects the contents.
I move amendment 2.
I offer Fergus Ewing the opportunity to speak to amendment 9, if he so wishes.
No.
Amendment 2 agreed to.
Section 19—Enforcement undertakings
Amendment 3 moved—[Paul Wheelhouse]—and agreed to.
Section 32B—Offences relating to supply of carrier bags: fixed penalty notices
Group 3 is on offences relating to the supply of carrier bags—fixed penalty notices. Amendment 1, in the name of Murdo Fraser, is the only amendment in the group.
At stage 2, the Scottish Government lodged an amendment that brought in section 32B. That new section amends the Climate Change (Scotland) Act 2009 to allow for the provision of fixed-penalty notices for contraventions and non-compliance with forthcoming carrier bag regulations. Amendment 1 seeks to delete section 32B, and therefore to reverse the decision taken at stage 2.
I have two reasons for opposing the provisions. The first relates to the substantive issue. On a point of principle, the Scottish Conservatives do not support the proposed plastic bag tax. There are good, detailed arguments against the measures set out in the briefing for the debate that was provided by the Scottish Retail Consortium. [Interruption.]
Mr Fraser, I will stop you for a moment. Can I have some order, please? If members wish to contribute to the debate, could they please press their request-to-speak buttons? They will then be called to contribute.
I have always believed that we should introduce legislation or taxes to change behaviour only as a last resort. I do not believe that such an approach is necessary in this case.
Already, a voluntary approach by many retailers has substantially reduced the volume of plastic bags being issued. The British Retail Consortium has noted that there has been a 50 per cent reduction in carrier bag use in England through voluntary action agreed with the UK Government.
There are different views on how effective a carrier bag charge might be and how beneficial it might be to the environment. The issue was last considered in detail by the Parliament back in 2005, when the then Environment and Rural Development Committee considered Mike Pringle’s member’s bill on the issue. The committee unanimously came to the view that this was not the right way to proceed. Among the members of that committee were one Rob Gibson of the Scottish National Party and, even more interestingly, one Richard Lochhead, who is now enjoying a position as Cabinet Secretary for Rural Affairs and the Environment.
Will the member take an intervention?
Oh, yes, please, Mr Gibson.
The member should be honest with the Parliament and say that the reason why that committee refused to recommend the proposals at the time was to do with the measures being ultra vires for the Scottish Parliament.
That is a very interesting intervention from Mr Gibson. I took great care to read the committee report in detail. A whole range of very compelling arguments were made against the proposals at the time. For example, the Environment and Rural Development Committee said that there were
“a number of unintended consequences that appear likely to be connected with achieving a large reduction in plastic bag use by means of the proposed levy.”
The committee also heard evidence that a tax on plastic bags might mean an increase in other waste, with no overall decline in CO2 emissions. I am not clear what has led Mr Lochhead, Mr Gibson and all their colleagues on the SNP benches to change their views on the matter since 2005. No doubt, the minister will enlighten us when he comes to speak.
14:30
Leaving aside the substantive issue, I think that the second and perhaps more serious concern relates to the procedure that the Scottish Government has followed. As members know, I convene the Economy, Energy and Tourism Committee, which spent a lot of time taking evidence at stage 1 on the general principles of the bill. The Rural Affairs, Climate Change and Environment Committee did a further piece of work as a secondary committee, in looking at part 2 of the bill, which deals with SEPA. However, neither committee had the opportunity to take evidence at stage 1 on the proposal for a carrier bag tax, because it was only at the very last moment in the stage 1 debate that the minister indicated that a stage 2 amendment would be lodged to introduce the tax.
Although the Scottish Government has consulted on the proposal, there has been no opportunity for proper parliamentary scrutiny. When we are dealing with an important matter that will have a wide impact—the introduction of a new tax—it should be open to a committee of the Parliament to give that measure full scrutiny, but that has not happened in this case. It is deeply ironic that in a bill that is about improving regulation, a measure has been introduced that has not been properly scrutinised.
For those two reasons, I believe that the measure should be removed from the bill. It is open to the Government to bring back the measure in primary legislation at a future date for proper scrutiny if it wishes to do so, but it should not be in the bill.
I move amendment 1.
After Murdo Fraser’s speech, we can be clear about one thing: that the Tories support a bedroom tax but apparently not a plastic bag tax, even though it should be said that the UK Government is proposing a similar charging structure in the rest of the UK in 2015.
And it is wrong.
Members: Oh!
Order.
Amendment 1 would remove the powers to provide for modest fixed monetary penalties as part of the enforcement of the carrier bag charging offences that are proposed from 20 October. We will work closely with Scottish retailers to help them to understand their responsibilities. Coupled with a pragmatic approach from local authorities, we do not expect a significant number of cases in which enforcement action will be necessary. However, we want to ensure that local authorities have an option that provides a realistic threat of enforcement action without the need for court action and which avoids costs for all sides. Amendment 1 would remove that proportionate and cost-efficient enforcement option. The Scottish Government therefore cannot accept it.
As I explained to the Economy, Energy and Tourism Committee, which Murdo Fraser convenes, in last year’s consultation on carrier bag charging, we proposed enforcement through civil penalties. No consultee objected to that. However, in preparing the proposed regulations in the summer, it emerged that the enabling powers did not allow for that. We therefore introduced the fixed-penalty provisions at stage 2, following discussion with the Convention of Scottish Local Authorities and retailer representatives. COSLA strongly supports the fixed-penalty option on efficiency grounds. The Scottish Grocers Federation supported the fixed-penalty provisions in its recent representations on the carrier bag charging regulations. Although it would prefer no new penalties, it favoured civil sanctions over criminal penalties and said:
“This would give local authorities (or other ‘enforcement authorities’) access to a more proportionate and effective enforcement option than would otherwise exist.”
As Murdo Fraser said, the Scottish Retail Consortium opposes fixed penalties as a matter of principle. However, we believe that fixed penalties can provide a helpful alternative to court action for this type of offence and will help to ensure a level playing field for businesses that comply with the legislation.
Section 32B sets out a fixed-penalty regime in some detail and addresses most of the points that the Scottish Retail Consortium asked to be included. In particular, I highlight that enforcement authorities will need to take account of guidance, which will help to ensure a consistent and proportionate approach to enforcement; that anyone who receives a fixed-penalty notice can make representations to the enforcing authority if they disagree and believe it to be unfair; and that anyone who wants to force the enforcement authority to decide whether to take the matter to court can do so by simply not paying the penalty.
We note the SRC’s suggestion that the fines should go to a consolidated fund. Its proposed amendment would allow ministers to prescribe how any funds that are raised were to be applied, but dialogue with stakeholders would be needed before a decision is made on whether and how to exercise that power.
We also note the SRC’s suggestion that the provisions should be in scope of the primary authority provisions in the bill. Obviously, such a move would require consultation, but this might indeed be the sort of area in which a primary authority approach would be helpful. There is already a requirement in primary legislation for enforcement authorities to take account of guidance. Section 32B includes a similar requirement for action on fixed penalties.
Murdo Fraser mentioned the Environment and Rural Development Committee and Richard Lochhead’s and Rob Gibson’s membership of it. Our carrier bag charging proposals will reduce bag use and prevent a highly visible, damaging and expensive component of litter and marine litter.
Unlike the environmental levy that was proposed in 2005, our proposed charge will cover all single-use bags and not just plastic bags, which will prevent switching to materials that have a higher carbon impact, in particular paper. The issue was a major reason why the Environmental Levy on Plastic Bags (Scotland) Bill was rejected.
We looked in detail at the economic impacts, to ensure that regulations were designed to minimise negative effects. The world has moved on since 2005—unlike the Tories, perhaps—and globally there is a greater appetite to tackle the issue, not least in the European Union, which is putting forward a requirement for member states to tackle single-use plastic bags. I understand that that might upset Murdo Fraser and his colleagues, and I remind him that even the United Kingdom Government is proposing a charge on plastic bags in England for 2015.
Some people are consistent on issues, unlike the environment minister and his party—that is the difference between me and the environment minister.
I listened with great care to the minister, but I struggled to hear a single word of explanation for why the measure was introduced in such a way. If this is such a good idea and was thought of so long ago, why was it dropped into the bill at the last minute? Why was it not included in the bill that was introduced, so that committees of the Parliament would have the opportunity to scrutinise it fully at stage 1?
I appeal to the minister, who I know is a reasonable man. There is still the opportunity for him to change his mind. We can have a debate about the substance of the issue on another occasion. This is a matter of process and respect for the Parliament. Even at this late stage, let the minister support amendment 1. Let him take section 32B out of the bill and bring the measure back in a different piece of proposed legislation, so that we can show the Parliament respect and allow for proper parliamentary scrutiny. I press amendment 1.
The question is, that amendment 1 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (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)
Johnstone, Alex (North East Scotland) (Con)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (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)
Baker, Richard (North East Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
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)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dugdale, Kezia (Lothian) (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)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
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)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
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)
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)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
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)
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)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (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 result of the division is: For 12, Against 87, Abstentions 0.
Amendment 1 disagreed to.
Section 38—General purpose of SEPA
I remind members that if amendment 20 is agreed to, I cannot call amendment 21, which will be pre-empted.
Amendment 20 moved—[Alison Johnstone].
The question is, that amendment 20 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Baker, Richard (North East Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (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)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Smith, Drew (Glasgow) (Lab)
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, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
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)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (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)
McDonald, Mark (Aberdeen Donside) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
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)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (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 result of the division is: For 28, Against 71, Abstentions 0.
Amendment 20 disagreed to.
Amendment 21 moved—[Alison Johnstone].
The question is, that amendment 21 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Baker, Richard (North East Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (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)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Smith, Drew (Glasgow) (Lab)
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, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
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)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (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)
McDonald, Mark (Aberdeen Donside) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
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)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (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 result of the division is: For 28, Against 71, Abstentions 0.
Amendment 21 disagreed to.
Before section 39
Group 4 is on a report to the Parliament on operation of part 2. Amendment 4, in the name of Paul Wheelhouse, is the only amendment in the group.
The content of amendment 4 was agreed following correspondence with the Parliament’s Delegated Powers and Law Reform Committee on points that were raised in its stage 1 report on the bill. Specifically, the committee expressed concerns about the scrutiny of the use of the environmental regulation powers in part 2 of the bill, which it rightly identified as an important part of the bill.
The amendment requires ministers to lay an annual report before the Scottish Parliament on the operation of part 2 of the act. Such reports will give the Parliament and the Government the opportunity to scrutinise the operation of that part of the act and, in particular, the operation of the environmental regulation powers, with a view to ensuring effective parliamentary scrutiny of the exercise of those powers. The amendment is a proportionate, targeted, consistent, transparent and accountable response to the committee’s concerns.
I move amendment 4.
As convener of the Delegated Powers and Law Reform Committee, I thank the minister for his comments and for lodging the amendment. That reflects the good working between our committee and the Government, which I hope will continue.
Amendment 4 agreed to.
Section 40—Marine licence applications, etc: proceedings to question validity of decisions
Group 5 is on applications to review marine licensing decisions: permission to proceed. Amendment 5, in the name of Fergus Ewing, is grouped with amendments 6 to 8.
Amendments 5 to 7 change the terminology in proposed section 63B of the Marine (Scotland) Act 2010 to align with the intended terminology in the upcoming courts reform (Scotland) bill by changing references to “leave” to references to “permission”.
Amendment 8 removes what we consider, on reflection, to be an ambiguous provision on the interaction between the application for a review of marine licensing decisions and the court’s decision on whether to grant permission for the application to proceed. Currently, proposed section 63B(4) of the Marine (Scotland) Act 2010 suggests that there may be a separate need for the applicant to apply for permission for the section 63A application to proceed before the court can make its decision. That is not the process that is envisaged. There is no need for a separate application for permission. The court will have sufficient information to make its decision for permission on the basis of the section 63 application. Amendment 7 therefore simply removes proposed section 63B(4) of the Marine (Scotland) Act 2010.
I move amendment 5.
Amendment 5 agreed to.
Amendments 6 to 8 moved—[Fergus Ewing]—and agreed to.
Section 41—Planning authorities’ functions: charges and fees
Group 6 is on planning authorities’ functions—charges and fees. Amendment 10, in the name of Margaret McDougall, is grouped with amendments 11 to 14.
14:45
These amendments aim to deal with the issues that were raised in evidence sessions about the idea to link planning fees to performance. The questions on the proposals on planning fees were among the most frequently answered of all the consultation questions, and many concerns were raised.
The amendments that I have lodged seek either to remove section 41 entirely or to add in certain safeguards to the process.
Amendment 10 seeks to ensure that the
“Scottish Ministers must prepare and publish guidance setting out the principles to which they must have regard in determining whether the functions of a planning authority are not being, or have not been, performed satisfactorily”
and that they must outline that guidance to the Parliament. Nowhere are the definitions of “satisfactory” or “non-satisfactory” performance set out. The concept could be very subjective, but amendment 10 would ensure that the process is rigorous.
I welcome the fact that Derek Mackay confirmed at stage 2 that the Scottish Government would provide assistance to improve the performance of a planning authority before resources are removed. However, I still feel that that should be a statutory requirement listed in the bill and that all reasonable steps should be taken before the ministers are allowed to place sanctions on a planning authority. Amendment 11 would add that approach to the bill.
Amendment 11 seeks to ensure that a planning authority is not adversely affected by the provisions, either in its performance or the range of services offered. If the provisions are genuinely meant to improve and incentivise planning authorities, it makes no sense to penalise a planning authority to such an extent that it further affects its performance. That could result in it being penalised further as a result of something that might be no fault of its own and could introduce unnecessary financial uncertainty around its funding.
Amendment 12 is self-explanatory. It states that the level and period for which the lower fees are put in place would not
“adversely affect the performance of, or, as the case may be, the range of services offered by the planning authority.”
Amendment 13 asks that before making any changes
“the Scottish Ministers must lay before the Scottish Parliament a statement setting out ... the percentage variation by which, and the period for which, they propose to vary the fee or charge.”
That would ensure that power cannot be misused, and it would offer safeguards that I feel are not currently explicitly set out in the bill. It would also allow for parliamentary scrutiny of the changes, which would provide additional safeguards that are not currently in the bill.
These four amendments would not drastically alter the function of section 41 but would strengthen the proposal by adding safeguards that are not currently present. They would ensure that planning authorities are not unfairly penalised and they would allow parliamentary scrutiny of the changes. They would also add more transparency and openness to the bill. I hope that that is something that we can all support.
Failing section 41 being amended, my amendment 14 seeks to remove it from the bill in its entirety. As COSLA stated in a letter to the committee, the proposed changes represent
“fundamentally too much Ministerial interference in the operations of specific council services.”
It is the job of the democratically elected councillors, not central Government, to scrutinise the process. The Scottish Government is demonstrating, through the bill, a worrying trend towards centralisation. We should not be taking functions away from local councils but extending them through more devolution.
The amendments are also supported by Scottish Environment LINK. I am grateful for its support.
If the rest of my amendments fall, removing section 41 will be the only sensible option, as the section will potentially give the Scottish ministers too much control over the planning process. No safeguards exist in the bill itself. There is nothing to ensure that all reasonable steps will be taken to improve the performance of the planning authority, and there is no function in the bill to provide proper parliamentary scrutiny of any proposed variation in fees. COSLA has made it clear that it does not support the current approach, for the reasons that I have already given.
I move amendment 10.
I have received two requests to speak. I intend to call the members, as long as they are brief. I call Murdo Fraser, to be followed by Malcolm Chisholm.
I commend Margaret McDougall for her dogged pursuit of this issue throughout stages 1 and 2.
We debated the issue fully at stage 1 in committee when we took evidence and when we prepared our report. We heard from COSLA and other stakeholders about the concern over the right to reduce fees in the event of poor performance. As in the debate on the first group of amendments, I think that ministers have overall struck the right balance on this issue. I think that adopting a carrot-and-stick approach is the right thing to do with higher planning fees, with the opportunity to reduce them in the event of poor performance. For that reason, we will not support amendment 14, which seeks to take out section 41 in its entirety.
Amendment 10, which seeks a requirement for consultation prior to guidance being issued, is a reasonable one. I note what Margaret McDougall said about the lack of definition of “satisfactory performance”. We will support amendment 10.
Amendment 11 seems to me to put too broad an obligation on the Scottish ministers, and amendments 12 and 13 seem to me to propose an operation that is too bureaucratic.
We will therefore support amendment 10 but, unfortunately, we will not support amendments 11 to 14.
Before Malcolm Chisholm speaks, I indicate that, as we are nearing the agreed time limit, I am prepared to exercise my power under rule 9.8.4A of standing orders to allow the debate on this group to continue beyond the time limit in order to avoid the debate being unreasonably curtailed. However, we are still tight for time.
I think that we can all understand the theoretical reasons for section 41, but we can also understand that it could have one or two negative consequences. First, if an authority is penalised, the service may well get worse. What is equally worrying is that the prospect of penalty may mean that an authority emphasises speed at the expense of the quality of the process of scrutinising the planning application. I am worried about those possible negative consequences.
I think that Margaret McDougall’s amendments address some of the concerns. It is certainly surprising that there is such an unconstrained power in section 41, with no regulations or criteria attached to it. Margaret McDougall has very sensibly said that we must have criteria and an assurance that the Scottish Government will take every possible action before imposing a penalty, and that we must not have negative consequences as a result of the penalty. I therefore think that it would be reasonable for everyone to support amendments 10 to 13, even if they do not support amendment 14.
I now call the minister, who on this occasion is Derek Mackay.
The work by the Government on planning has been proportionate and positive, and it has focused on encouragement, incentivisation, new investment, support and replicating best practice. The Scottish Government is convinced that section 41 is necessary to incentivise performance improvement. Corporate council attention is one of the things that we need to improve in order to achieve a better planning service.
Section 41 will improve behaviour and outcomes, and there should be no loss of income if planning authorities step up to the plate as I believe they will. The high-level group on planning performance has already identified a set of 15 performance markers that reflect key areas of essential good performance and service quality across the planning service. The performance markers have been considered by COSLA and were welcomed by the Economy, Energy and Tourism Committee as a qualitative and quantitative method of assessing a planning authority’s performance. They are the aspects of good performance and service quality that I expect to see implemented consistently across Scotland. Too often, performance has been far too variable.
The detailed practical arrangements for the use of section 41 provisions are being taken forward with our COSLA partners through the high-level group. Setting working arrangements and processes is an explicit part of the group’s remit. I have committed to informing the Economy, Energy and Tourism Committee of the outcome of the discussions. We consider that working in partnership with COSLA, Heads of Planning Scotland, the Society of Local Authority Chief Executives and Senior Managers Scotland, the Society of Local Authority Lawyers and Administrators in Scotland and the Royal Town Planning Institute through the high-level group to agree the detailed practical arrangements is the best way forward.
In the meantime, the Scottish Government continues to work closely with planning authorities to help them improve. For example, we recently provided each authority with written feedback on their second planning performance framework reports, bringing a particularly sharp focus to the agreed performance markers. Through our planning reform next steps programme and action plan, we are working with our local government partners to establish and roll out good practice on a range of aspects that will improve the quality of the planning service.
In addition to that comprehensive action plan, and to properly establish a link between performance and fees in moving towards full cost recovery, it is only right that we can guarantee improved performance—as the old adage says, “You get what you pay for”. Therefore, for that and a number of other reasons, the Scottish Government does not support Margaret McDougall’s amendments.
It is disappointing that the Government will not accept my amendments. It seems to me that it made its mind up at an early stage of the bill’s passage. Despite what COSLA and now Scottish Environment LINK have said, the Government will not listen to any arguments. The fact that the minister has just mentioned incentivising by removing funding through fees says more about the Government than it does about the bill. I press my amendment.
The question is, that amendment 10 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Baker, Richard (North East Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Davidson, Ruth (Glasgow) (Con)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Findlay, Neil (Lothian) (Lab)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Hume, Jim (South Scotland) (LD)
Johnstone, Alex (North East Scotland) (Con)
Johnstone, Alison (Lothian) (Green)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (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)
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)
Rennie, Willie (Mid Scotland and Fife) (LD)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Drew (Glasgow) (Lab)
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)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Finnie, John (Highlands and Islands) (Ind)
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)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Keir, Colin (Edinburgh Western) (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)
McDonald, Mark (Aberdeen Donside) (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)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (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 result of the division is: For 39, Against 60, Abstentions 0.
Amendment 10 disagreed to.
Amendment 11 moved—[Margaret McDougall].
The question is, that amendment 11 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Baker, Richard (North East Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (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)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Smith, Drew (Glasgow) (Lab)
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, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
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)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (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)
McDonald, Mark (Aberdeen Donside) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
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)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (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 result of the division is: For 27, Against 72, Abstentions 0.
Amendment 11 disagreed to.
Amendment 12 moved—[Margaret McDougall].
The question is, that amendment 12 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Baker, Richard (North East Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (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)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Smith, Drew (Glasgow) (Lab)
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, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
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)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (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)
McDonald, Mark (Aberdeen Donside) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
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)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (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 result of the division is: For 26, Against 72, Abstentions 0.
Amendment 12 disagreed to.
Amendment 13 moved—[Margaret McDougall].
The question is, that amendment 13 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Baker, Richard (North East Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (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)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Smith, Drew (Glasgow) (Lab)
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, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
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)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (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)
McDonald, Mark (Aberdeen Donside) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
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)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (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 result of the division is: For 27, Against 71, Abstentions 0.
Amendment 13 disagreed to.
Amendment 14 moved—[Margaret McDougall].
15:00
The question is, that amendment 14 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Baker, Richard (North East Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (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)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Smith, Drew (Glasgow) (Lab)
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)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
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)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (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)
McDonald, Mark (Aberdeen Donside) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
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)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (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 result of the division is: For 27, Against 71, Abstentions 0.
Amendment 14 disagreed to.
Section 44—Subordinate legislation
Amendment 22 not moved.
Long Title
Amendment 9 moved—[Fergus Ewing]—and agreed to.
That ends consideration of amendments.