Official Report 644KB pdf
14:23
The next item of business is stage 3 proceedings on the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill. In dealing with the amendments, members should have the bill as amended at stage 2—that is, SP bill 77A—the marshalled list and the groupings of amendments. The division bell will sound and proceedings will be suspended for around five minutes for the first division of stage 3. 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 button or enter RTS in the chat function as soon as possible after I call the group.
Members should now refer to the marshalled list of amendments.
Section 1—Meaning of “non-surgical procedure”
Group 1 is on the meaning of “non-surgical procedure”. Amendment 1, in the name of the minister, is grouped with amendments 2, 10, 8 and 9.
At stage 2, amendments were made to the definition of “non-surgical procedure” in section 1 and to the procedures set out in schedule 1 that are non-surgical procedures for the purposes of the bill. Group 1 contains further technical amendments in my name to ensure that the descriptions of different procedures are clear.
Amendment 1 will clarify that a procedure may fall within several procedure descriptions in schedule 1 or may combine different kinds of procedures and still be a non-surgical procedure for the purposes of the bill. Amendments 8 and 9 will make it clear that injectable and intravenous procedures may involve the use of a microneedle. Amendment 2 will remove a redundant “or” from section 1(1)(b)(ii).
Sandesh Gulhane’s amendment 10 would remove persons who are regulated by the General Osteopathic Council from the list of regulated healthcare professionals in section 1(3). That would remove osteopaths from the healthcare exception in section 1(1)(b)(ii). At stage 2, Dr Gulhane raised concerns about the inclusion of osteopaths. I met him to discuss that, and he should not be surprised that I urge him not to press his amendment 10. The bill is not the place to judge what does and does not constitute healthcare or whether particular healthcare procedures are appropriate or effective in the treatment of disease. That is a matter for healthcare professionals and their regulators.
At stage 2, I told the Health, Social Care and Sport Committee that what is proposed in amendment 10 would raise concerns about legislative competence due to its interaction with the reservation of the regulation of health professionals in reservation G2 in schedule 5 to the Scotland Act 1998. That includes osteopaths as the profession that is regulated by the Osteopaths Act 1993. I urge Dr Gulhane not to press amendment 10 and I urge members to support my amendments in the group.
I move amendment 1.
I declare an interest as a practising national health service general practitioner.
My amendment 10 seeks to change the definition of “regulated healthcare professional” in the bill so that it does not include osteopaths who are regulated by the General Osteopathic Council. Osteopathy is a pseudo-science. There is very limited evidence of any effectiveness whatsoever, and those who practise it should not be considered regulated healthcare professionals.
Osteopaths are unable to prescribe medicines for a reason, and they do not inject Botox. That alone means that they are not entitled to be covered by the healthcare exemption. My amendment would strengthen the definition of “regulated healthcare professional” in the bill and ensure that only those who are properly qualified will be referred to as such.
I am grateful to Dr Gulhane for his comments. The healthcare exception exists to ensure that the bill will not regulate procedures that are provided by regulated healthcare professionals for a healthcare purpose—specifically, for the purpose of preventing, diagnosing or treating illness. The General Osteopathic Council has confirmed that, although osteopaths are unable to prescribe, some undertake postgraduate injection training and then work with a prescriber, for example, to administer corticosteroid injections to patients.
I urge members to support amendments 1, 2, 8 and 9 and not to support amendment 10.
Amendment 1 agreed to.
Amendment 2 moved—[Jenni Minto]—and agreed to.
Amendment 10 moved—[Sandesh Gulhane].
The question is, that amendment 10 be agreed to. Are we agreed?
Members:No.
There will be a division. As this is the first division at stage 3, I will suspend the meeting for around five minutes to allow members to access the digital voting system.
14:28
Meeting suspended.
14:34
On resuming—
The question is, that amendment 10 be agreed to. Members should cast their votes now.
The vote is closed.
On a point of order, Presiding Officer. My app would not connect. I would have voted no.
Thank you. I will make sure that that is recorded.
On a point of order, Presiding Officer. My apologies—my app would not connect. I would have abstained.
Thank you. I will make sure that that is recorded.
On a point of order, Presiding Officer. My app did not connect. I would have voted no.
Thank you. I will make sure that that is recorded.
For
Briggs, Miles (Lothian) (Con)
Burnett, Alexander (Aberdeenshire West) (Con)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Dowey, Sharon (South Scotland) (Con)
Eagle, Tim (Highlands and Islands) (Con)
Findlay, Russell (West Scotland) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Lumsden, Douglas (North East Scotland) (Con)
McCall, Roz (Mid Scotland and Fife) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Ross, Douglas (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Ewing, Annabelle (Cowdenbeath) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Boyack, Sarah (Lothian) (Lab)
Clark, Katy (West Scotland) (Lab)
Duncan-Glancy, Pam (Glasgow) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mochan, Carol (South Scotland) (Lab)
O’Kane, Paul (West Scotland) (Lab)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sweeney, Paul (Glasgow) (Lab)
Whitfield, Martin (South Scotland) (Lab)
The result of the division is: For 27, Against 68, Abstentions 15.
Amendment 10 disagreed to.
Section 4—Meaning of “permitted premises”
Group 2 is on the meaning of “permitted premises”. Amendment 11, in the name of Ash Regan, is grouped with amendments 12 to 15, 29 and 30.
The Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill seems to be a classic example of the way in which the Government has started to make law, which is that it sees that there is an issue and rushes into legislation while, unfortunately, listening to only one side of the argument. Often, it ignores women’s voices—we have seen that time and again—and it is entirely blind to unintended consequences.
The majority of aesthetics customers—80 per cent, we think—are women, and the majority of providers are women. I make it clear at the outset that I want aesthetics services to be provided in safe, clean premises by qualified practitioners. However, I am concerned that that is not what will happen, should the bill be passed. We are all aware that aesthetics is a growing area. Whatever we think of that, I cannot see it declining over the next few years. New innovations come through every few months, and the number of first-time clients is growing. Therefore, Scotland needs to get this area right.
Eighty per cent of the providers in this space are non-medical. I was contacted by a constituent, who I imagine is far from unusual in this context. I will put her story to the chamber, because she feels that, despite doing everything right, nobody is listening to her. She has been running her own clinic for 16 years, supporting herself and her young family. She also employs other women, many of whom are mothers with small children who want to work flexibly. She holds regulated Office of Qualifications and Examinations Regulation qualifications in aesthetic practice at levels 5 and 7, which cost her £15,000. The level 7 qualification also required more than a year of structured study covering facial anatomy, complications management, clinical assessment and patient safety. She also maintains level 3 first aid, including anaphylaxis training.
She told me, in her own words:
“My clinic operates as a fully licensed premises. I hold a skin-piercing licence from Edinburgh City Council. My business is fully insured, and insurance within the aesthetic sector requires practitioners to demonstrate appropriate training, treatment protocols, risk assessments and clear procedures for managing complications before any cover is granted.”
Those safeguards are already a fundamental part of responsible practice in this field.
She continued:
“In the past year alone, I have safely treated 496 injectable clients in my clinic. But under the current drafting, the interaction between sections 3 and 4 of the bill means that permitted premises are effectively limited to clinics run by a prescribing doctor, nurse, dentist or pharmacist. In practice, that means that the ability to operate a clinic may depend on professional title rather than on aesthetic-specific training or experience.”
My constituent is what we say that we want: she is someone who is responsible, safe, highly trained in her field and a responsible employer. However, because she is non-medical, like 80 per cent of the providers in the industry, she would not be able to continue her business—which she, like many other women, has built up and invested thousands in over the past 16 years—as it is.
From the reading that I have done so far on the subject, it appears that the Government does not know how many women, like the constituent I mentioned, it will be putting out of business or out of a job. I wonder whether the minister can cover that issue when she next gets to her feet. I feel that this is irresponsible law making and that, potentially, such businesses should be being compensated. If the legislation is going to result in business closure, at the very least, the Government should know how many businesses will be affected.
My amendments in the group would ensure that the bill recognises appropriately qualified non-healthcare aesthetics practitioners and premises within the regulatory framework. Amendments 11, 13 and 14 would recognise non-healthcare aesthetic professionals in section 4. They seek to define that role by reference to a qualification threshold, which I know that the Government mentioned in earlier stages of the bill’s progression. Amendments 12 and 15 would allow ministers to establish by regulation a licensing scheme for non-healthcare premises. Those regulations could set minimum standards for premises and could specify which procedures it was permitted to provide. That would ensure that qualified practitioners and properly regulated premises would not be excluded simply because they sit outside traditional healthcare structures.
Amendments 29 and 30 are consequential amendments that would ensure that regulations that were made under the proposed provisions would be subject to the affirmative procedure, which would mean that Parliament could scrutinise and approve the regulations at a later date.
Overall, my amendments would support a proportionate and workable regulatory framework that recognises competence and qualifications across the sector.
I move amendment 11.
I will speak briefly in support of Ash Regan’s amendments, which I think provide a remedy to some of the inflexibilities around the bill as drafted that I raised at stage 1.
Ash Regan spoke of constituents coming to see her, and I have had constituents come to see me. I am sure that members across the chamber have businesses in their constituencies that would not only be affected by all the proposed changes in the bill but would be absolutely sunk without trace if those changes were to be brought in unamended.
My anxiety is that, although we absolutely need to regulate for the bad actors in this field of procedure, there are a good number of people—largely women—who are well qualified and very focused on patient care, cleanliness, hygiene and all the other things that we would hope to see in the sector. To legislate without thinking about the consequences for them and seeking a remedy for them would be a very poor thing indeed.
Ash Regan’s amendments seek to provide alternatives to the permitted premises that are currently described in the bill. The proposed alternatives would weaken public safety by removing the requirement for a healthcare professional to be involved in those settings.
Due to time constraints, I will not repeat all the discussions that we held at stage 2, but this is a fundamental part of the bill, so there are points that I must make.
We based our estimates on an estimated 1,500 businesses. I point out that this is a non-regulated sector, which is partly why we are bringing in the regulations. However, not all businesses will be impacted, as I will go on to explain.
You have said how many businesses there are. How many individuals will lose their jobs because of the legislation? Have you done an equality impact assessment with regard to how it will affect females more than males?
Always speak through the chair, please.
Yes, of course we have done an equality impact assessment.
There are a few points that I wish to make. First, I sympathise with Ms Regan’s intentions. I am sure that she is trying to mitigate what many businesses see as the most challenging part of the bill. Secondly, the requirement for a healthcare professional to be involved is the most important part of the bill. The reasons for healthcare professional involvement being essential to public safety were discussed at stage 2. In many cases, prescriptions will be needed at the outset of a procedure. In other cases, it will be necessary for certain emergency medications to be available on site.
Within the United Kingdom regulatory framework for the sale and supply of medicines, non-regulated settings that deliver non-surgical procedures are not able to routinely hold supplies of prescription-only medicines without the involvement of a suitably qualified healthcare professional.
To say that the involvement of a healthcare professional is necessary is not to denigrate the skills, dedication and experience of other practitioners, who should continue to have a role in the sector. These rules can and should be complementary, ensuring that safe, professional and effective procedures are delivered.
14:45
There are other benefits to the settings that we have selected and to the rule on the involvement of a healthcare professional—for example, that healthcare professionals are subject to regulation by professional bodies.
I turn to the amendments themselves. Amendments 11 and 29 seek to add
“premises managed by a non-healthcare aesthetics professional”
to the list of permitted premises in section 4(1) of the bill. The Scottish ministers would be able to provide registration requirements for these premises in affirmative regulations.
Amendment 14 defines a “non-healthcare aesthetics professional” by reference to particular levels of qualification. Unfortunately, that training does not qualify a practitioner to prescribe medications, nor is it clear that these settings would be able to routinely hold stocks of relevant emergency medications without the involvement of a healthcare professional. These settings do not provide the safety protections required.
Amendments 12, 15 and 30 would provide for a licensing scheme to be established by regulations. Such a scheme is already set to take effect from 6 September 2027 under the Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures Order) 2026. That licensing scheme is appropriate for lower-risk procedures, but I do not believe that the risks of procedures covered by the bill can be adequately mitigated without the involvement of a healthcare professional.
Amendment 13 includes “a non-healthcare aesthetics professional” as one of the persons who may provide or manage services from the premises of a Healthcare Improvement Scotland-registered independent clinic in order for it to be “permitted premises” under section 4(1)(a) of the bill. Amendment 14, as discussed already, defines “non-healthcare aesthetics professional”.
I cannot support these amendments, for the public safety reasons that I have given previously. I also note that section 4(1)(a) interacts with the definition of an “independent clinic” in section 10F(2) of the National Health Service (Scotland) Act 1978. Such a clinic would still need services to be provided by one of the healthcare professionals listed in that section to register with HIS.
With regard to Alex Cole-Hamilton’s support for the amendments, I had hoped to meet him in the lead-up to stage 3. Unfortunately, he was not able to meet me because of his diary commitments.
I also point out that I expect that, in implementing the bill, the Scottish Government will work with businesses in the unregulated part of the sector to ensure that they have access to support and guidance. I understand Ms Regan’s motivations, but I urge her not to press amendment 11 or to move her other amendments, and, if she does, I urge members to vote against them.
I invite Ash Regan to wind up and say whether she wishes to press or withdraw amendment 11.
I will press amendment 11. The bill will create a situation whereby practitioners who spend more than a year completing advanced aesthetics training will not be able to operate independently. That will mean that women such as my constituent and many others, as non-healthcare practitioners, would need to rely on a prescribing medic in order to operate and supervise a clinic. That is even if a provider could be found, which remains to be seen, and the costs may well be prohibitive.
The bill creates a model in which experienced practitioners will become dependent on prescribers who have no financial stake in their business while potentially offering the same treatments themselves. In practice, that means that a qualified practitioner could spend years building a compliant clinic, only to find that their ability to continue operating depends entirely on securing and retaining a prescriber, who may also be a competitor in the same market. That market—the treatments and the demand for them, in particular from young women—is growing, and in my opinion it will only continue to grow as a result of changing beauty standards that are heavily promoted on social media.
I think that there is a lack of understanding by the Government of those drivers, in particular for the consumers in the industry. I hope that the Government understands, and can see, that those from a lower socioeconomic background will not be able to afford the treatment prices, which will inevitably be driven up if all or many of the non-medical providers in the market are forced to close. It will then inevitably push those consumers into an underground and unregulated sector, which may then lead to an increase in adverse treatment effects. The bill may, through unintended consequences, force out responsible and highly trained women-led businesses and lead, unfortunately, to more women consumers getting treatment from unregulated and unsafe providers.
I ask members to support my amendments, and I ask the Government to think carefully about the issue, the predicament of women such as my constituent and the unintended consequences.
The question is, that amendment 11 be agreed to. Are we agreed?
Members:No.
There will be a division.
The vote is closed.
On a point of order, Presiding Officer. I would have voted no.
Thank you, Mr Mundell. We will ensure that that vote is recorded.
For
Balfour, Jeremy (Lothian) (Ind)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Greene, Jamie (West Scotland) (LD)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Choudhury, Foysol (Lothian) (Ind)
Marra, Michael (North East Scotland) (Lab)
The result of the division is: For 6, Against 102, Abstentions 2.
Amendment 11 disagreed to.
Amendment 12 moved—[Ash Regan].
The question is, that amendment 12 be agreed to. Are we agreed?
Members:No.
There will be a division.
For
Balfour, Jeremy (Lothian) (Ind)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Greene, Jamie (West Scotland) (LD)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Choudhury, Foysol (Lothian) (Ind)
Marra, Michael (North East Scotland) (Lab)
The result of the division is: For 6, Against 104, Abstentions 2.
Amendment 12 disagreed to.
Amendment 13 moved—[Ash Regan].
The question is, that amendment 13 be agreed to. Are we agreed?
Members:No.
There will be a division.
For
Balfour, Jeremy (Lothian) (Ind)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Greene, Jamie (West Scotland) (LD)
Rennie, Willie (North East Fife) (LD)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Choudhury, Foysol (Lothian) (Ind)
The result of the division is: For 5, Against 106, Abstentions 1.
Amendment 13 disagreed to.
Amendment 14 moved—[Ash Regan].
The question is, that amendment 14 be agreed to. Are we agreed?
Members:No.
There will be a division.
For
Balfour, Jeremy (Lothian) (Ind)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Greene, Jamie (West Scotland) (LD)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Choudhury, Foysol (Lothian) (Ind)
The result of the division is: For 6, Against 103, Abstentions 1.
Amendment 14 disagreed to.
After section 4
Amendment 15 moved—[Ash Regan].
The question is, that amendment 15 be agreed to. Are we agreed?
Members:No.
There will be a division.
For
Balfour, Jeremy (Lothian) (Ind)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Greene, Jamie (West Scotland) (LD)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
The result of the division is: For 6, Against 106, Abstentions 0.
Amendment 15 disagreed to.
Section 5—Power to make further provision about non-surgical procedures
Group 3 is on regulations: power to make further provision and consultation requirements. Amendment 16, in the name of Sandesh Gulhane, is grouped with amendments 3, 4, 19 to 22, 31 and 32.
Amendment 16 is required because, at stage 1, there was a great deal of concern from businesses about the impact that new regulations would have on them and about how they would make the transition to the new regulatory scheme.
The Health, Social Care and Sport Committee’s stage 1 report concluded that the Scottish Government should
“provide appropriate support and guidance to help responsible providers of non-surgical procedures to make the transition successfully to the new regulatory framework”,
and that there would be
“a need for additional information and support to be provided to accompany the Bill’s implementation to help providers to take the steps necessary to comply with the law.”
My amendment would address the concerns of businesses and the committee by ensuring that, when regulations are made that impose new restrictions or requirements on non-surgical procedures—for example, around training, qualifications or supervision—they must be accompanied by transitional or saving provisions that ministers consider appropriate. Those should include the timescales for compliance and phased implementation periods for providers. That would help businesses, leave flexibility for ministers and ensure that providers can effectively comply with new regulations.
I move amendment 16.
Amendments 3 and 4 will build on the helpful provision introduced by Gillian Mackay at stage 2, which specified that regulations under section 5(1) of the bill may make provision for requirements for certain higher-risk groups.
At stage 2, Dr Gulhane raised the need for guidance in relation to mental health conditions, including, in particular, body dysmorphic disorder. While I would expect existing clinical guidance and a healthcare professional’s training on informed consent and shared decision making to be sufficient, I acknowledge that specific additional provision might be helpful. Therefore, I have built on Ms Mackay’s stage 2 amendment to introduce a specific reference to mental health in section 5(3)(e) as a matter on which regulations may be made.
Dr Gulhane’s amendment 16 would require that regulations under section 5(1) must include certain transitional and saving provisions. I agree with his comments on the importance of such provisions. I can confirm that that is already possible under section 18. The amendment is unnecessary and I cannot support it, as the transitional provision that is specified might not always be the most appropriate. The amendment would make it more difficult for ministers to put in place appropriate regulations with the right protections, so I urge Dr Gulhane not to press the amendment.
15:00
Dr Gulhane’s amendments 31 and 32 would provide further specification in the consultation requirements in section 19A, which would apply to any affirmative instruments that are made under the bill. The lists of persons to be consulted are likely to be appropriate in most cases, but I reiterate that even the affirmative powers may be capable of being exercised to make relatively small technical changes or changes that are relevant only to one of the groups that have been listed.
I am concerned that the approach would require consultation with patient organisations, and I am not aware that any such organisations exist representing recipients of the procedures. As a result, it may not be possible to comply with the duty, and I would not want that to prevent us from making necessary regulations in the area or to increase bureaucracy.
Colin Beattie’s amendments 19 to 22 all relate to the principle of supervision. I was pleased to support Fulton MacGregor’s amendment at stage 2 that created a requirement for regulations under section 5(1) to be made specifying training or qualification provisions for persons providing non-surgical procedures within three years of section 3 of the bill being commenced. If it is not practical to do that, a report must be laid before Parliament explaining why. I supported that because of the broad consensus across the Parliament about the importance of establishing training and qualification standards. Supervision is a matter of similar importance and concern, and I am happy to support the amendments that make similar provision. I was appreciative of having conversations with Carol Mochan in that area, too.
Although the timing of training and supervision regulations is not entirely within the gift of the Scottish ministers, I am comfortable with the period that is specified in section 5(5) and the option that is available under section 5(6) for ministers to be held to account if the Government cannot meet those expectations.
I urge members to support amendments 19 to 22 in Colin Beattie’s name and amendments 3 and 4 in mine. I urge Sandesh Gulhane not to press amendment 16 or to move amendments 31 and 32.
Amendments 19 to 21 will amend section 5(5), which currently provides that the Scottish ministers must lay a draft Scottish statutory instrument containing regulations under section 5(1), specifying requirements about the training or qualifications of persons who may provide a non-surgical procedure, within three years of section 3 coming into force. The amendments will introduce a requirement for regulations on supervision in this section, meaning that the Government must lay a draft SSI within three years of section 3 coming into force.
Amendment 22 will amend section 5(6) of the bill to make it clear that more than one set of regulations may be laid to cover all the matters that are mentioned in the amended subsection (5).
During the passage of the legislation through Parliament, I have been keen to support non-medical practitioners in their efforts to have their skills and training recognised in the bill. I have met a number of practitioners who all agree that the sector is in need of regulation. However, some of those business owners have spent tens of thousands of pounds on their training and facilities. It is vital that we bring those practitioners with us and move towards providing upskilling and training to enable a fair transition and prevent mass closure of businesses.
In my discussions with the minister, I advocated that a national governing body be established by practitioners, with the support of the Scottish Government. Understandably, I was informed that that cannot be achieved through the bill. I hope that, if the industry decides to go down that route, the Scottish Government can support it. I appreciate that the proposal is not possible at this stage due to the United Kingdom Internal Market Act 2020. However, I hope that members will support the amendments as they will provide competent non-medical practitioners with the assurance that the Scottish Government is committed to a pathway towards a safer, regulated industry.
I thank the Scottish Government for working with me on the amendments, and I urge members to support them.
We will support all the amendments in this group. Scottish Labour’s approach to the bill has always been safety first. However, we consider that there are businesses, as Dr Gulhane mentioned, that are working very professionally, and we seek to ensure that there is that transition and support to businesses so that they can practise.
I apologise to the chamber and to you, Deputy Presiding Officer, for not mentioning my amendments 31 and 32 in my earlier remarks. Amendment 31 would require ministers to consult people when they make regulations, and amendment 32 would clarify that ministers must consult people before they can make regulations. I feel, as Carol Mochan does, that they are sensible amendments, and I hope that members across the chamber will be able to agree with us.
The question is, that amendment 16 be agreed to. Are we agreed?
Members:No.
There will be division. Members should cast their votes now.
The vote is now closed.
On a point of order, Deputy Presiding Officer. I could not connect. I would have voted no.
Thank you. I will make sure that that is recorded.
On a point of order, Deputy Presiding Officer. I could not connect. I would have voted yes.
Thank you, Mr O’Kane. I will make sure that that is recorded.
On a point of order, Deputy Presiding Officer. I could not connect to the system. I would have voted no.
Thank you, Mr Adam. I will make sure that that is recorded.
For
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Burnett, Alexander (Aberdeenshire West) (Con)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Findlay, Russell (West Scotland) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gosal, Pam (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Lumsden, Douglas (North East Scotland) (Con)
Marra, Michael (North East Scotland) (Lab)
McCall, Roz (Mid Scotland and Fife) (Con)
McNeill, Pauline (Glasgow) (Lab)
Mochan, Carol (South Scotland) (Lab)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
O’Kane, Paul (West Scotland) (Lab)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sweeney, Paul (Glasgow) (Lab)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Against
Adam, George (Paisley) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Ewing, Annabelle (Cowdenbeath) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
The result of the division is: For 45, Against 68, Abstentions 0.
Amendment 16 disagreed to.
Amendments 3 and 4 moved—[Jenni Minto]—and agreed to.
Group 4 is on qualifications and training. Amendment 5, in the name of Jeremy Balfour, is grouped with amendments 17, 18, and 23.
I confess that when I saw this bill come before Parliament, I did not expect to engage directly with it. However, over the past few months, like Alex Cole-Hamilton, Ash Regan and others, I have been approached by numerous sole traders and businesses about the effect that the bill will have if it is passed, particularly on small businesses and on the young women who have sought to carry out these procedures asa trade.
The intention behind amendment 5 is to ensure that non-surgical cosmetic procedures are carried out safely and by people who have the appropriate level of expertise. Although the procedures are often described as non-invasive, we know that, when things go wrong, there can be significant consequences, including infection, tissue damage and long-term complications. For that reason, it is essential that those who carry out the procedures independently have a sufficiently high level of training and competence.
At the same time, I recognise that many practitioners in the sector who have spoken to me have invested significant time and effort in gaining meaningful qualifications and building professional standards. Amendment 5 is very much about recognising expertise. It would ensure that those with the appropriate level of qualification could practise independently with confidence, and it would give the public assurance that the standards would apply across the sector.
Specifically, amendment 5 would allow practitioners to provide non-surgical procedures unsupervised if they were a regulated medical professional or a non-medical practitioner with a qualification relevant to the procedures that they were providing
“at a level at least equivalent to level 11 of the Scottish credit and qualifications framework.”
Such qualifications reflect a high level of knowledge and competence, as would be appropriate for independent practice.
Importantly, amendment 5 is not about shutting people out of the sector. If a practitioner did not yet meet that threshold, they could still be allowed to practise, but they would do so within a framework of supervision by an appropriately qualified medical professional. That would allow people to continue working, gain experience, develop skills and, ultimately, get the qualification.
Amendment 5 aims to strike a fair and proportionate balance. It would recognise and support practitioners who had undertaken advanced qualifications, and it would ensure that robust safeguards were in place for the public.
Ultimately, we need to provide public safety and protect small businesses. If we do not do that, people will go to other parts of the country, they will set up completely unregulated businesses and there will be greater health consequences as a result. Many small businesses will close, and people who have put in a significant amount of money will be put out of work. Ultimately, people who undergo such procedures deserve to have confidence that the person treating them has the right expertise and that the appropriate oversight exists.
I believe that amendment 5 would provide for that, and I encourage colleagues to support it.
I move amendment 5.
I will support Jeremy Balfour’s amendment 5.
Injectable aesthetics procedures are not typically taught as part of most undergraduate medical or nursing degrees. As a result, medical practitioners who enter the aesthetics sector often obtain their training in such procedures through separate aesthetics training courses. By contrast, non-medical practitioners, who often receive qualifications regulated up to level 7 in aesthetics practice, focus entirely on facial anatomy, complications management and safe aesthetics practice. The bill would create the odd position in which highly trained aesthetics practitioners would need to be supervised by a medical practitioner with possibly only a few hours of aesthetics training.
The bill also raises practical questions about capacity, as no clear data is available on how many prescribers actively work in the aesthetics sector or whether there would be sufficient numbers to support independent clinics across Scotland. As the minister has confirmed, the number of such clinics might be as high as 1,500.
The bill would force qualified, responsible providers to recruit medics to supervise them, but the Government cannot tell us whether that would be possible, given that data on the number of prescribers is not available. Furthermore, can the NHS afford to lose hundreds of prescribers to the aesthetics sector? A better way needs to be found, and there needs to be a pathway for non-medical but highly trained aesthetics providers to carry out perhaps not all but some treatments.
My amendments in the group would ensure that future regulations on qualifications and training properly recognise competence across the sector. Amendment 17 would require regulations to ensure that pathways exist for practitioners who hold relevant qualifications but are not healthcare providers. That would ensure that the regulatory framework recognises the range of qualified practitioners who currently operate in the sector. Amendment 18 would require ministers, when specifying qualification or training requirements, to
“have regard to recognised aesthetics qualifications.”
Amendment 23 is a consequential amendment.
Overall and taken together, the amendments would ensure that regulation is based on recognised competence and qualifications, while appropriate safeguards for patients would be maintained. They would not weaken the regulations but would ensure that the framework recognises qualified practitioners and allows ministers to regulate the sector proportionately rather than excluding the sector entirely. I hear from across the chamber that there is recognition that many women-led small businesses are going to be put out of business by the bill. If we do not support amendments such as those from Jeremy Balfour and me, there will be no pathway and those women-led businesses will be put out of business.
15:15
I will take a brief contribution from Fulton MacGregor.
Thank you, Presiding Officer. I will be very brief. Like others, I want to put on the record some issues with the bill that constituents have brought to me. I have been contacted by a number of people who have businesses in my constituency. They tend to be working-class women who have built up those businesses over a long period of time and have built up a skill base. They are concerned about some of the potential impacts of the bill.
I welcomed the minister’s engagement with me during and after stage 2. As she mentioned, an amendment of mine was agreed to at stage 2. I welcome Colin Beattie’s amendments that were agreed to in the previous group.
Although I have some sympathy with the amendments in this group, I do not think that I can vote for them, because I think that they will have unintended consequences. I ask the minister to say in summing up how the Government will work with small businesses and individuals to ensure that they are not negatively impacted by the bill. I felt that this was the best place to come in and make that request.
Before addressing the amendments, I recognise that many highly skilled practitioners are not healthcare professionals. As was referred to earlier, many practitioners hold a qualification at level 7 of the Ofqual framework or level 11 of the Scottish credit and qualifications framework, and the amendments seek to recognise that training. However, I do not intend to support any amendments that would prejudge a decision on the appropriate training or qualification requirements. That would be a matter for future regulation under section 5(1). My reluctance should not be seen as a judgment against those well-recognised qualifications.
Will the minister take an intervention?
I will just finish my point. The Scottish Government will engage with practitioners and training providers before taking decisions, and I hope that standards can be set at the same level in England and Scotland for the benefit of practitioners.
There is a frustration among many of these women, who have spent a lot of time, energy and money building up their businesses and are fearful about what will happen to their businesses, which I think people can understand. The minister seems to be suggesting that it is the Government’s intention to provide a pathway for non-medical providers. Can the minister confirm that that is what she is saying?
I am clear that we will engage with practitioners and training providers before taking decisions, and I hope that standards can be set at the same level in England and Scotland to benefit all practitioners.
Amendment 5, in Jeremy Balfour’s name, seeks to allow non-healthcare practitioners with a level 11 qualification to carry out non-surgical procedures without supervision. I was grateful to Mr Balfour for the discussion that we had about his similar stage 2 amendment to give ministers the power to establish a regulatory scheme that enables certain practitioners to supervise the provision of a non-surgical procedure. Amendment 5 appears to seek to allow practitioners who are not healthcare professionals to provide procedures without healthcare professional involvement.
As I said in relation to group 2, it is fundamental to the bill that a healthcare professional is involved in settings that provide procedures to complement the aesthetics practitioners, such as in the event of complications that require the emergency administration of medicines.
The amendment also predetermines training and supervision standards, which are still to be developed and consulted on. The Government also has concerns about the legislative competence of the amendment because of its interaction with the Medicines Act 1968 and the regulation of healthcare professionals, which are reserved subject matter under the Scotland Act 1998. I therefore cannot support amendment 5 and urge Mr Balfour not to press it.
Amendment 17, in Ash Regan’s name, appears to have the same aim as Mr Balfour’s amendment 5. It would provide that there must be pathways for non-healthcare practitioners, although it does not specify what those pathways are intended to achieve. If it is to ensure that such practitioners may undertake procedures, that is permitted under the bill as drafted. Non-healthcare practitioners may provide procedures if they are working from permitted premises. If the member intends that such practitioners should be able to provide procedures without reference to a healthcare professional, I would resist the proposal, for the reasons that I gave in relation to amendment 5.
Ms Regan’s amendments 18 and 23 would provide that
“Scottish Ministers must have regard to recognised aesthetics qualifications.”
Those are level 11 qualifications, which have been discussed already. I regret that that change cannot be accepted, as it would prejudge the consideration that I raised earlier. I would like to provide assurance that the Government will consider those and other qualifications, as I noted earlier, when setting qualification standards.
I urge Ms Regan and Mr Balfour not to move or press their amendments, and I urge members not to support them if they are pressed.
Having just heard the minister, I am now very confused as to the Scottish Government’s position. In one breath, the minister says that the Scottish Government cannot accept the amendments in this group because there must always be a medical practitioner present; in the next sentence, she says that ministers want to talk to businesses about how they can regulate the area going forward. I think that there is real confusion, and not only in the chamber; more importantly, I suspect that there will be real confusion among small businesses across my region as to what the Government is going to do in the future. For that reason, I will press my amendment 5.
The question is, that amendment 5 be agreed to. Are we agreed?
Members:No.
There will be a division.
The vote is closed.
On a point of order, Presiding Officer. Unfortunately, I could not connect. I would have voted no.
Thank you, Mr Robertson. I will ensure that that is recorded.
For
Balfour, Jeremy (Lothian) (Ind)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Greene, Jamie (West Scotland) (LD)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Boyack, Sarah (Lothian) (Lab)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Duncan-Glancy, Pam (Glasgow) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Johnson, Daniel (Edinburgh Southern) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
McNeill, Pauline (Glasgow) (Lab)
Mochan, Carol (South Scotland) (Lab)
O’Kane, Paul (West Scotland) (Lab)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sweeney, Paul (Glasgow) (Lab)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
The result of the division is: For 6, Against 87, Abstentions 19.
Amendment 5 disagreed to.
Amendment 17 moved—[Ash Regan].
The question is, that amendment 17 be agreed to. Are we agreed?
Members:No.
There will be a division.
The vote is closed.
On a point of order, Presiding Officer. I am still having trouble connecting to the system. I would have voted no.
Thank you, Mr Robertson. I will ensure that that is recorded.
For
Balfour, Jeremy (Lothian) (Ind)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Greene, Jamie (West Scotland) (LD)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Boyack, Sarah (Lothian) (Lab)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Duncan-Glancy, Pam (Glasgow) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Johnson, Daniel (Edinburgh Southern) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
McNeill, Pauline (Glasgow) (Lab)
Mochan, Carol (South Scotland) (Lab)
O’Kane, Paul (West Scotland) (Lab)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sweeney, Paul (Glasgow) (Lab)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
The result of the division is: For 6, Against 89, Abstentions 19.
Amendment 17 disagreed to.
Amendment 18 moved—[Ash Regan].
The question is, that amendment 18 be agreed to. Are we agreed?
Members:No.
There will be a division.
For
Balfour, Jeremy (Lothian) (Ind)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Greene, Jamie (West Scotland) (LD)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Boyack, Sarah (Lothian) (Lab)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Duncan-Glancy, Pam (Glasgow) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Johnson, Daniel (Edinburgh Southern) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
McNeill, Pauline (Glasgow) (Lab)
Mochan, Carol (South Scotland) (Lab)
O’Kane, Paul (West Scotland) (Lab)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sweeney, Paul (Glasgow) (Lab)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
The result of the division is: For 6, Against 89, Abstentions 19.
Amendment 18 disagreed to.
Amendments 19 to 22 moved—[Colin Beattie]—and agreed to.
Amendment 23 not moved.
After section 13A
That takes us to group 5. Amendment 24, in the name of Sandesh Gulhane, is grouped with amendment 6.
Amendment 24 would require that
“HIS must publish information on additional resources available to businesses providing non-surgical procedures”
That should include information on the advice, support and funding that is available to those businesses. [].
I encourage members to keep their devices switched off or set to silent. Please continue, Dr Gulhane.
As we know, businesses are concerned about the impact of the bill and about how they would be able to make the transition to the new regime. The stage 1 report on the bill said that the Scottish Government should
“provide appropriate support and guidance to help responsible providers of non-surgical procedures to make the transition successfully to the new regulatory framework.”
A previous amendment that I lodged was deemed to be inadmissible due to the cost that would be involved, but amendment 24 absolutely does not involve a cost. All I seek to do is to ensure that there is something available for businesses.
I move amendment 24.
I call Gillian Mackay to speak to amendment 6 and both amendments in the group.
I thank the Scottish Government for working with me on my amendment. At stage 2, a number of members proposed amendments that would have required the production of guidance. The proposals for that guidance covered a range of issues, and I thank the minister for working with me on amendment 6, which provides a single requirement and lists issues that may be included in that guidance.
The focus is on guidance that is appropriate to businesses, rather than on matters that are more suited to clinical guidance or judgment and that might interfere with the professional and clinical guidance that is rightly issued by the professional bodies, royal colleges or regulators of healthcare professionals. Consideration of any relevant clinical guidance would be part of the role that should be undertaken by any healthcare professionals involved in procedures.
Amendment 6 would place a duty on the Scottish ministers to
“issue guidance about the provision of non-surgical procedures”
and that guidance may include information about the requirements that are imposed by part 1 of the bill and about the steps that providers have taken to comply with those requirements. That guidance must be published and may be revised or revoked.
I urge members to support amendment 6.
I place on record Scottish Labour’s support for both amendments in this group, which seek to strengthen the review of any support given. Amendment 24 would require HIS to publish information on the additional resources given to businesses, including advice, support and funding, and would ensure that providers are supported during the transition, and amendment 6 sets out, in great detail, the type of guidance that should be given to help businesses to comply with the law.
During the transition to greater regulation, guidance and information will be incredibly important in supporting compliance, ensuring understanding and avoiding confusion, which is why we support both amendments in the group.
I note Ms Mochan’s comments.
Gillian Mackay’s amendment 6 would place a duty on ministers to provide guidance about the provision of procedures. It is appropriate that that amendment focuses on the offences in part 1 of the bill—which are to provide a non-surgical procedure to a person who is under 18 and to provide a non-surgical procedure “outwith permitted premises”—and on the steps that providers would have to take to meet those requirements.
I am grateful to Ms Mackay for working with me and to other members who raised issues on the guidance. I hope that members are content that this single provision on guidance has the flexibility to encompass the topics that businesses want to see in guidance, and I hope that members will support amendment 6.
15:30
Amendment 24, in Sandesh Gulhane’s name, overlaps with amendment 6 to some degree. It would require HIS to publish certain information on the resources that are available to businesses that provide non-surgical procedures. I welcomed my recent discussion with Dr Gulhane on the topic, and I know that he noted my comments about there being resources available for businesses.
As well as the requirement in amendment 6 for the Scottish Government to issue guidance, amendment 24 would place a duty on HIS to publish information about available support, such as the resources from local authorities and Business Gateway, which I highlighted earlier. It is more appropriate for that information to be included in the guidance that is published by the Scottish Government than for it to be a legal responsibility for HIS. I therefore ask Dr Gulhane not to press amendment 24 and ask members to support amendment 6.
I call Sandesh Gulhane to wind up and to press or withdraw amendment 24.
We support amendment 6, and I will not press amendment 24.
Amendment 24, by agreement, withdrawn.
After section 15
Amendment 6 moved—[Gillian Mackay]—and agreed to.
Before section 15A
Group 6 is on reviews. Amendment 25, in the name of Sandesh Gulhane, is grouped with amendments 26 to 28, 33 and 37.
I have a number of amendments in this group. Under amendment 25, before the offences under the bill can come into force, ministers would have to review the capacity of HIS to exercise the enforcement provisions. That is important, because we want to ensure that capacity is available for the regulator to do the work that it wants to do and in the way that we would want it to be done.
Amendment 26 would insert into the bill a review of the capacity of HIS and what it has done on enforcement within one year of the bill coming into force.
Amendments 33 and 37 are on a review of the capacity of HIS. Amendment 37 provides that the offences introduced under the bill could not come into force until the capacity review had been conducted. Amendment 33 is consequential and would allow for the review to be conducted.
I move amendment 25.
I call Carol Mochan to speak to amendment 27 and other amendments in the group.
My amendment 27 seeks to add further detail to what the review of part 1 of the bill should include. The amendment comes from concerns about the support and guidance that will be given to the industry once the bill comes into force, and it touches on points that were made in the debates on the previous groupings.
Amendment 27 states that the review of part 1 should
“include an assessment of … support provided to providers of non-surgical procedures, including providers that are … independent, and … non-medical”.
It would also require an assessment of the
“training opportunities available to providers to assist them to upskill”,
including
“qualification and accreditation pathways for practitioners, including those who are non-medical”,
and of the
“guidance provided in relation to minimum training and competence requirements”.
During stage 1 of the bill, the committee raised concerns about provision in remote and rural areas and financial costs to providers. Therefore, a review must also consider those points. At stage 2, the Scottish Government was widely supportive of the principles of amendment 27.
I recognise that Stuart McMillan’s amendment 28 shares a similar objective to that of my amendment 27. It outlines what a review of the bill should include. Although I support amendment 28, I note that it lacks detail, particularly when considering the specific support that will be given to businesses and the guidance that will be given to the sector.
I turn to other amendments in the group. I support amendments 25, 26, 33 and 37 in the name of Sandesh Gulhane. They seek to introduce proper checks and balances regarding the available capacity of HIS, which will be enforcing the bill. During stage 1, the committee heard concerns about resources and enforcement challenges as HIS is given new powers to enter, search and seize in registered premises. Therefore, it seems reasonable to ask that a review of HIS capacity is carried out, because enforcement is a large part of the bill.
I call Stuart McMillan to speak to amendment 28 and other amendments in the group.
I lodged an amendment at stage 2 that introduced section 15A to the bill. However, after discussion with the minister, I would like to replace it with the more comprehensive provision in amendment 28, which covers what I actually want to establish. I thank the minister for working with me on the amendment.
Members have raised concerns about the lack of post-legislative scrutiny for many years, which is why I lodged my amendment at stage 2. Section 15A places a duty on the Scottish ministers to review the operation of part 1 within five years of section 3 coming into force. However, in recognition of the concerns that persist about the bill’s impact on businesses, amendment 28 seeks to replace section 15A with a new section that will provide more detail on how such a review should be carried out.
The five-year period was chosen because the provisions of section 3 in part 1 will have been in place for a few years. With a fast-changing sector and new procedures being developed quickly, a review after five years will provide the Scottish Government with an opportunity to reflect on the changes and additions that are required to schedule 1 and section 3.
The review will have to look at the inclusion of all the types of procedures that are listed in schedule 1 and at the operation of part 1. That will include an assessment of the impact on businesses, the enforcement of the requirements in part 1 and any other matters that ministers believe to be appropriate. That could include other matters that members raised at stage 2.
Ministers will be able to delegate the carrying out of the review and the subsequent preparation and publication of the report to another individual or body if they consider that appropriate. However, whoever carries out the review will have to consult Healthcare Improvement Scotland, the chief constable of the police service and any other person or organisation that they consider appropriate. Ministers must also lay the report that is prepared before Parliament.
I am sure that we all want the same outcome, which is to ensure that procedures are performed as safely as possible. Amendment 28 will help to ensure that the legislation can be updated quickly, if required, after any review. I can see why Sandesh Gulhane lodged his amendments in the group, but I consider that my amendment covers his points, so I ask members not to support them. I urge members to support amendment 28.
At stage 2, I agreed that it was important to provide for a review, so I thank Mr McMillan for his amendment 28. It will strengthen the provisions of section 15A, which was inserted by his amendment at stage 2. It provides for a broad review at a point when it will be possible to fairly assess the bill’s impact.
Given the rapidly changing nature of the sector, the Scottish Government will need to keep the procedures in schedule 1 under review so that the legislation remains effective and proportionate. Amendment 28 will provide an opportunity to review how effective the Scottish Government has been in doing that. It will also require the Scottish Government to assess and report on the operation of part 1, and particularly the impact on businesses and enforcement. I hope that members will support amendment 28.
I am also grateful to Ms Mochan for lodging her amendment 27 and for her support for the bill. Unfortunately, however, amendments 27 and 28 cannot co-exist. All the matters that Ms Mochan has raised should be part of any consideration of the impact on business, which will have to be assessed in a review under amendment 28. I also hope that my response to the amendments in group 5 reassures members, and Ms Mochan in particular, that support for business is at the forefront of the Scottish Government’s mind.
Sandesh Gulhane’s amendments 25 and 26 address enforcement by Healthcare Improvement Scotland. I understand the concerns that were raised at stage 1 about HIS’s capacity to enforce the requirements in the bill, and I know that HIS is alive to those concerns. No legislative requirement is needed to ensure that HIS will be able to implement and enforce the bill. The Scottish Government will work with HIS to ensure that it can deliver what is required. That is critical, and I am happy to have the opportunity to repeat that.
Can the minister reassure Parliament that HIS has the required resources to carry out what we are requesting of it?
As I have said, there will be an intense period of work between now and commencement, which will involve working closely with HIS to ensure that it has the right resources. It would be counterproductive to put in place an additional review requirement during that period, so I urge Dr Gulhane not to press amendment 25. I also urge him not to move amendment 26, because it is unlikely that data will be available within the specified timescale to assess the effectiveness of enforcement. That matter can be addressed in the review that is required by section 15A.
Amendments 33 and 37 are consequential to amendment 25, and I urge Dr Gulhane not to press them, either. In particular, amendment 37 would mean that the main provisions of part 1 of the bill could not come into force until the review of HIS’s capacity was complete and had been laid before Parliament. That would risk delaying implementation of the bill and the safeguarding provisions of the offences, and it could prevent work on regulations from being progressed.
I urge members to support amendment 28 and I urge Ms Mochan and Dr Gulhane not to move or press their amendments in the group.
I call Sandesh Gulhane to wind up and to press or withdraw amendment 25.
I press amendment 25. We are very supportive of the amendments in the group.
The question is, that amendment 25 be agreed to. Are we agreed?
Members:No.
There will be a division.
For
Baker, Claire (Mid Scotland and Fife) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Burnett, Alexander (Aberdeenshire West) (Con)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Findlay, Russell (West Scotland) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Greene, Jamie (West Scotland) (LD)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Lumsden, Douglas (North East Scotland) (Con)
Marra, Michael (North East Scotland) (Lab)
McCall, Roz (Mid Scotland and Fife) (Con)
McNeill, Pauline (Glasgow) (Lab)
Mochan, Carol (South Scotland) (Lab)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
O’Kane, Paul (West Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sweeney, Paul (Glasgow) (Lab)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Chapman, Maggie (North East Scotland) (Green)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greer, Ross (West Scotland) (Green)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Regan, Ash (Edinburgh Eastern) (Ind)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Yousaf, Humza (Glasgow Pollok) (SNP)
The result of the division is: For 45, Against 66, Abstentions 0.
Amendment 25 disagreed to.
Amendment 26 not moved.
Section 15A—Review of Part 1
Amendment 27 moved—[Carol Mochan].
The question is, that amendment 27 be agreed to. Are we agreed?
Members:No.
There will be a division.
For
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Findlay, Russell (West Scotland) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Greene, Jamie (West Scotland) (LD)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Lumsden, Douglas (North East Scotland) (Con)
Marra, Michael (North East Scotland) (Lab)
McCall, Roz (Mid Scotland and Fife) (Con)
McNeill, Pauline (Glasgow) (Lab)
Mochan, Carol (South Scotland) (Lab)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sweeney, Paul (Glasgow) (Lab)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greer, Ross (West Scotland) (Green)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Yousaf, Humza (Glasgow Pollok) (SNP)
The result of the division is: For 50, Against 65, Abstentions 0.
Amendment 27 disagreed to.
Amendment 28 moved—[Stuart McMillan]—and agreed to.
Section 19—Regulation-making powers
Amendments 29 and 30 not moved.
Section 19A—Regulations subject to the affirmative procedure: consultation
Amendment 31 moved—[Sandesh Gulhane].
The question is, that amendment 31 be agreed to. Are we agreed?
Members:No.
There will be a division.
For
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Burnett, Alexander (Aberdeenshire West) (Con)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dowey, Sharon (South Scotland) (Con)
Eagle, Tim (Highlands and Islands) (Con)
Findlay, Russell (West Scotland) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Greene, Jamie (West Scotland) (LD)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Lumsden, Douglas (North East Scotland) (Con)
Marra, Michael (North East Scotland) (Lab)
McCall, Roz (Mid Scotland and Fife) (Con)
McNeill, Pauline (Glasgow) (Lab)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
O’Kane, Paul (West Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sweeney, Paul (Glasgow) (Lab)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greer, Ross (West Scotland) (Green)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Regan, Ash (Edinburgh Eastern) (Ind)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Yousaf, Humza (Glasgow Pollok) (SNP)
The result of the division is: For 46, Against 67, Abstentions 0.
Amendment 31 disagreed to.
Amendment 32 not moved.
Section 20—Commencement
Amendment 33 not moved.
Group 7 is on commencement. Amendment 34, in the name of Jeremy Balfour, is grouped with amendments 7, 35 and 36.
15:45
Amendment 34 is a small drafting amendment that intends to improve the clarity of section 20. As the section is currently written, subsection (1) could potentially be read on its own without clear reference to subsection (3), even though the two provisions are meant to work together. Amendment 34 would simply insert the words
“Subject to subsection (3)”
so that it is clear that subsection (1) must be read alongside the conditions that are set out in subsection (3). It would not change the policy underlying the bill. The amendment is purely about making the relationship between those two provisions clearer, so that anyone who interprets or applies it can more easily understand how the section is intended to operate. In short, it offers a straightforward clarification that would improve the bill’s drafting and help to avoid any potential confusion. I hope that members will feel able to support amendment 34.
The purpose of amendment 36 is to introduce an additional safeguard in relation to the commencement of sections 1 to 14. As members will be aware, having heard this afternoon’s debate, those sections contain the core provisions that will establish the new framework for the regulation of non-surgical cosmetic procedures, and they will play a central role in shaping how the system operates in practice. Given the significance of those provisions, it is important that necessary arrangements, guidance and regulatory structures are fully in place before those sections are brought into force.
Effective regulation depends not only on what is written in legislation but on the systems and structures that need to be implemented and ready to operate. Amendment 36 would therefore make it clear that the regulations that are made under subsection (2) to commence sections 1 to 14 cannot take effect unless the condition that is set out in the new subsection is satisfied. In practical terms, that would link the commencement of those key provisions to the readiness of a wider regulatory framework, rather than simply allowing them to come into force on a date that might not reflect whether the system is fully prepared to operate.
My intention is not to delay the implementation of the bill or to create unnecessary barriers to progressing it; rather, it is to ensure that, when the new regime comes in, it will be workable and enforceable. There is confusion among those in the business about how all this will work in practice. It would be far better to get everything correct now, so that people understand what they are doing before the bill is implemented. For that reason, I ask that members support amendment 36.
I move amendment 34.
I call Brian Whittle to speak to amendment 7 and other amendments in the group.
A number of businesses currently operate without a Healthcare Improvement Scotland licence. The bill will require such a licence for certain procedures, in relation to which one was not previously required. The concern is that there will be an increase in the number of applications, which could create a decision delay that will force businesses to close for unknown and possibly extended periods of time while they await a decision, or perhaps even to cease trading altogether.
Healthcare Improvement Scotland said that it will need more resources in order to enforce the bill’s provisions. In evidence, Eddie Docherty of HIS said:
“To be honest, it is currently quite a long way away from being a self-financing process. The discussions with the Scottish Government about baseline funding will need to continue. We have the view that, as the system expands, we are likely to require more money to meet the requirements.”—[,, 9 December 2025; c 41.]
Amendment 7 would allow the commencement regulations made under section 20(2) to include transitional, transitory or saving provisions.
I approached the minister to see what could be done, as we have seen such issues arise before—for example, when the new regulations for protecting vulnerable groups came into force and the demand from people in roles facing kids at summer camps and from pre-hiring processes in schools outpaced the time limit in Disclosure Scotland’s service level agreement, which states that 90 per cent of applications should be processed within 14 days.
I am glad that we have found common ground here. The minister agreed that I had raised a valid concern and further noted in correspondence that she would not want to penalise any business that had done everything required of it to adhere to the new legislation.
The approach that we have settled on for amendment 7 would allow transitional provisions to be made in regulations, alongside and in advance of commencement of the bill. I hope that the minister can answer in the affirmative that this provision will be put in place if needed to ensure that businesses are able to trade without being criminalised if they have applied for a licence.
Although commencement of the bill will rightly be a matter for ministers in the next session of Parliament, my intention is for its key provisions to be commenced on 6 September 2027, which is the date from which the licensing scheme for lower-risk, non-surgical procedures will also take effect. Businesses will have until that date to adjust to the bill’s requirements and, in that time, preparations will be made for the its enforcement and implementation.
I took on board Mr Balfour’s point that some businesses might be concerned that a future minister might bring forward the date for provisions on offences coming into force. I explained why that that was unlikely. However, amendment 35, in my name, puts that beyond doubt by preventing the offence created in section 3—providing a non-surgical procedure outwith permitted premises—from coming into force before that date. I recognise that requiring any earlier date might be unduly difficult for businesses and that any later date would delay operation of the protections in the bill. I hope that that provides assurances to Mr Balfour and that members will support amendment 35.
I urge Mr Balfour not to press his amendments 34 and 36, which would delay the commencement of offences in other parts of the bill for 24 months. That is too long a wait. I also cannot support any provision that would prevent the Government from using regulatory powers until then. The Scottish Government intends to progress work on regulations during that time—for instance, in relation to training or supervision. Mr Balfour is looking to support businesses, but it is in businesses’ interests that work on other regulations can be progressed—for example, under section 5 of the bill—before the creation of offences comes into force, to ensure that businesses have advance notice of requirements.
Amendment 7, in Brian Whittle’s name, raises the important point that transitional provision in connection with the implementation of the bill might be needed. If many businesses register with Healthcare Improvement Scotland at the same time, there could be delays, and it would not be reasonable for businesses that were otherwise compliant to be forced to cease trading or to be criminalised due to an administrative delay. I hope that that will not occur, but, if it does, transitional provision might be required if applications are pending. It is therefore right that the commencement provision in section 20 of the bill be adjusted to provide scope for that protection to be included in commencement regulations, and I thank Mr Whittle for working with me on the amendment.
I ask Mr Balfour not to press amendments 34 and 36, but I urge members to support amendment 35 in my name and amendment 7 in Mr Whittle’s name.
I call Jeremy Balfour to wind up and to press or withdraw amendment 34.
I welcome Brian Whittle’s amendment 7 and I hope that members will support it. I thank the minister for picking up the concerns that she mentioned in relation to amendment 35. However, I still think that there is real concern among those who are operating such businesses at the moment. It is all very well to say that we are going to talk to them and introduce possible solutions, but they have to face decisions about whether to renew leases, whether it is worth putting money into new equipment and whether to train new staff. As it stands, they have no guarantee at all that they will be here in 12 months’ time. For that reason, I press amendment 34.
The question is, that amendment 34 be agreed to. Are we agreed?
Members:No.
There will be a division.
For
Balfour, Jeremy (Lothian) (Ind)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Greene, Jamie (West Scotland) (LD)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Eagle, Tim (Highlands and Islands) (Con)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Boyack, Sarah (Lothian) (Lab)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Duncan-Glancy, Pam (Glasgow) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mochan, Carol (South Scotland) (Lab)
O’Kane, Paul (West Scotland) (Lab)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sweeney, Paul (Glasgow) (Lab)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
The result of the division is: For 6, Against 91, Abstentions 17.
Amendment 34 disagreed to.
Amendment 7 moved—[Brian Whittle]—and agreed to.
Amendment 35 moved—[Jenni Minto]—and agreed to.
Amendment 36 moved—[Jeremy Balfour].
The question is, that amendment 36 be agreed to. Are we agreed?
Members:No.
There will be a division.
For
Balfour, Jeremy (Lothian) (Ind)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Greene, Jamie (West Scotland) (LD)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Rowley, Alex (Mid Scotland and Fife) (Lab)
The result of the division is: For 6, Against 106, Abstentions 1.
Amendment 36 disagreed to.
Amendment 37 not moved.
Schedule 1—Specified non-surgical procedures
Amendments 8 and 9 moved—[Jenni Minto]—and agreed to.
That ends consideration of amendments.
As members will be aware, the Presiding Officer is required under standing orders to decide whether, in her view, any provision of a bill relates to a protected subject matter—that is, whether it modifies the electoral system and franchise of Scottish parliamentary elections. In the case of the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill, in the Presiding Officer’s view, no provision relates to a protected subject matter. Therefore, the bill does not require a supermajority to be passed at stage 3.
Previous
Business Motion