Chamber and committees

Meeting of the Parliament

Meeting date: Wednesday, June 17, 2015

Business Motion
Scottish Cot Death Trust
Portfolio Question Time
Community Empowerment (Scotland) Bill: Stage 3
Community Empowerment (Scotland) Bill
Business Motions
Parliamentary Bureau Motions
Decision Time

Community Empowerment (Scotland) Bill: Stage 3

The Deputy Presiding Officer (Elaine Smith)

The next item of business is stage 3 proceedings on the Community Empowerment (Scotland) Bill. In dealing with the amendments, members should have the bill as amended at stage 2, that is SP Bill 52A (Revised); the marshalled list, that is SP Bill 52A-ML, and the correction slip to the marshalled list that was issued yesterday; and the groupings, that is SP Bill 52A-G.

The division bell will sound and proceedings will be suspended for five minutes for the first division of the afternoon. The period of voting for the first division will be 30 seconds. Thereafter, I will allow a voting period of one minute for the first division after a debate. Members who wish to speak in the debate on any group of amendments should press their request-to-speak buttons as soon as possible after I call the group.

Section 1—National outcomes

The Deputy Presiding Officer

Group 1 is on “Setting of national outcomes—procedure, consultation etc”. Amendment 27, in the name of the Minister for Local Government and Community Empowerment, is grouped with amendments 28, 147, 29 to 33, 148, 34 to 40, 149, 150, 41 and 133.

Because of pre-emption, if amendment 147 is agreed to, I cannot call amendments 29 and 30, and if amendment 40 Is agreed to, I cannot call amendment 149.

The Minister for Local Government and Community Empowerment (Marco Biagi)

I am glad to be starting proceedings this afternoon.

Part 1 of the bill places a duty on the Scottish ministers to prepare a set of national outcomes that describe the kind of Scotland that we all want to live in, and to regularly and publicly measure progress towards them. At stage 2, we agreed on the importance of the Scottish Parliament’s scrutiny role and of strengthening public consultation and they are retained at the heart of my amendments. However, the bill requires two separate processes to be undertaken in the setting and reviewing of national outcomes. That would be convoluted, repetitive and unclear, and would involve a considerable amount of double consultation of communities and Parliament.

My amendments seek to provide for a single process. They also balance the valuable scrutiny role of Parliament against the Government’s responsibilities for the Scottish public sector, and they strengthen the public consultation process.

In consulting the Scottish Parliament, we must reflect the separation of powers between a Government that is responsible for setting its strategic direction, and a Parliament that is responsible for holding that Government to account for its progress. That is why we consider that the provision in the bill of a 40-day period for the Parliament to be consulted on the draft national outcomes provides an appropriate level of parliamentary scrutiny. It is the same period of time that would be afforded by the affirmative procedure for secondary legislation, for example.

Amendments 27 and 34 will restore provision for the national outcomes to be determined by Scottish ministers, rather than by regulations that are subject to the so-called superaffirmative procedure. I agreed with the point that Alex Rowley made at stage 2 that we must involve all communities across Scotland in setting the national outcomes. Amendments 29 and 35 therefore strengthen the consultation process by requiring Scottish ministers to consult persons who represent communities when determining and reviewing the national outcomes.

14:45

“Community” is defined by amendments 33 and 37 as including communities based on common interest, identity or geography, to ensure an inclusive consultation. Alex Rowley’s amendment 150 seeks to improve the definition of the word “community”. However, linking the definition to postcode could impact negatively on certain communities such as Gypsy Travellers, communities of interest or communities that are based on social or cultural identities. It also excludes those who only work in an area.

Singling out individuals or groups when it comes to the national outcomes, however important they are, or inadvertently excluding others, is at odds with the principle of participatory democracy. Each person or community has as much right as the next to take part in debating and shaping the Scotland that we live in, and my amendments will ensure that is the case.

Amendments 30 and 36 reflect the discussions at stage 2 and require Scottish ministers to lay an explanatory document containing details of the public consultation when determining and reviewing the national outcomes.

Amendments 41 and 133 make minor consequential amendments.

As the bill stands, Scottish ministers must publish a report every two years, and I believe that that is a retrograde step. One of the strengths of the current reporting system is that the Scotland performs website provides an up-to-the-minute picture of progress. The statistics are published there as and when they become available. We have also responded to the needs of this Parliament by publishing the “Scotland Performs Update” as part of the draft budget process. In the future, the Parliament might find that information more useful at times other than those that are specified in the amendments. Amendments 38 and 39 reinstate provision for Scottish ministers to prepare and publish reports at such times as they consider appropriate.

Amendment 40 removes the requirement to consult on the reports, as any report on progress would be a factual statement, based on evidence.

Amendments 28, 31 and 32 respond to a point that Stewart Stevenson made in his own inimitable style at stage 2. They make it clear that, although the Scottish Parliament and its corporate body are excluded from the duty to have regard to the national outcomes when carrying out their functions, the effect of their functions is not excluded from the determination of the national outcomes.

I ask Alex Rowley not to move the amendments in his name. I move amendment 27.

Alex Rowley (Cowdenbeath) (Lab)

I acknowledge the role that Marco Biagi has played in the course of the bill since he became minister. He has demonstrated a willingness to work with others across the chamber, which has resulted in a better bill.

My amendments provide for greater scrutiny and consideration of the national outcomes by this Parliament. My proposals require Scottish ministers to publish national outcomes and lay them with the Parliament for 60 days. During that period, Scottish ministers must consult the public, including specified individuals and groups, and the draft national outcomes cannot be laid for approval until Scottish ministers also lay an explanation of that consultation, any representations that are received and changes that are made to the regulations. Parliament must then approve the national outcomes.

I believe that that approach will engage the public much more in the national outcomes. It is important that the Parliament is able to scrutinise national outcomes and the progress in that regard. It is also crucial that national outcomes are linked to the budget, which has not happened in the past. It is important that we are able to see where this Government’s finances are being spent in order to deliver the national outcomes.

With regard to the minister’s concerns about references to individuals who are eligible to vote in elections, I am talking about individuals who are normally resident in a local authority area. That seeks to address any concerns about the potential exclusion of prisoners, refugees, asylum seekers and the homeless. The minister also expressed concern about children and young people, and organisations that work for them, being singled out. That is deliberate—they are below voting age and are therefore often overlooked—and has not been done for reasons of specific interest. Indeed, the groups that are listed in section 1 are intended to represent as wide as possible a cross-section of people who live and work in Scotland.

I intend to move my amendments, but I acknowledge that the bill has made great progress. That is down to the minister’s willingness to work with others in moving the bill forward.

The Deputy Presiding Officer

More members than I anticipated wish to contribute to the debate. I am not sure whether I can call everyone, but I ask members to keep their remarks short.

Cameron Buchanan (Lothian) (Con)

We have concerns about amendments 27, 34 and 133. Allowing Scottish ministers to determine the national outcomes would remove a crucial element of scrutiny, participation and collaboration. A bill that is entitled the Community Empowerment (Scotland) Bill should place more power in communities’ hands, rather than allow Scottish ministers to determine independently what the nation’s priorities should be. If we are genuinely to empower communities, they should be as involved as possible in determining the national outcomes. However, amendments 27, 34 and 133 would centralise power in ministers’ hands by removing the need for the Scottish Parliament’s approval as well as a stage of public consultation.

On a similar note, it is apparent that amendments 38 to 40 advance centralisation. To ensure that the Government is held to account for its actions, its progress towards national outcomes should be scrutinised on a regular basis. However, amendments 38 to 40 would allow the Scottish Government to publish reports on its progress only when it saw fit, without the need for any public consultation. Removing the regular involvement of the Parliament and the public in assessing progress towards national outcomes would shield the central Government from public scrutiny, which is fundamentally contradictory to the principle of community empowerment.

Alex Rowley’s amendment 147, which would remove the provisions that require consultation before determination of the national outcomes, raises particular concerns about public participation. Community empowerment should allow public participation on a wide scale, and amendment 147 would threaten that.

Mark McDonald (Aberdeen Donside) (SNP)

I feel that Cameron Buchanan may have misinterpreted the amendments that the Scottish Government has lodged. His remarks imply that ministers will somehow decide what the national outcomes shall be and that that shall be the case.

The amendments that the minister has lodged are entirely about the consultation process that will take place on the national outcomes. A consultation will take place, the results of which will assist ministers in determining what the national outcomes should be. Amendment 30 specifically says

“In consulting the Scottish Parliament”,

so there will be consultation not just with the public but with the Parliament on what the national outcomes shall be. I hope that that gives Cameron Buchanan some pause, and might make him more likely to support those amendments when they come to the vote.

I turn to the thrust of what the minister is putting forward. It is entirely correct that we should avoid creating the impression that certain groups and their views would not be considered in consultations because they do not feature in the text of the bill. I know that Alex Rowley is saying that the list as defined in the bill would provide as wide a scope as possible, but there may still be groups in society that could look at every category in the bill and not see themselves defined there. Removing the opportunity for people to feel that they have not been prioritised within the legislation is a fair way to proceed.

I hope that members will back the minister’s amendments, and I hope that Alex Rowley will reconsider his intention to move his.

Ken Macintosh (Eastwood) (Lab)

I speak in favour of my colleague Alex Rowley’s amendments, and urge the Parliament not to remove the amendments that were agreed by the committee at stage 2. I echo my colleague’s comment that the bill process has been very consensual and that the bill has been improved as a result. I am sure that members will be relieved to hear that there are only a few areas of disagreement this afternoon, which makes it a bit more disappointing that the Government should use its majority to overturn the work of the committee in this section.

At stage 1, the committee agreed unanimously that engagement and consultation on the national outcomes should be enshrined in legislation. At stage 2, my colleague Alex Rowley’s amendments did exactly that, by ensuring that national outcomes would be laid before the Parliament for 60 days.

The minister said that the amendments could—he used the word “could”—exclude Gypsy Travellers and other groups from being involved, but they do not. They might do if the Government allowed them to, but they do not. It is a baseline—a floor rather than a ceiling—and I urge the minister to think again about his approach.

There was potential for one group—“individuals eligible to vote”—to be restrictive and, because of that, Alex Rowley has lodged an amendment to change that to individuals

“normally resident in the local authority area”.

That would avoid unintentionally restricting those who would be consulted.

It strikes me that the committee’s intention at stage 1 was captured by Alex Rowley’s amendments at stage 2. The committee agreed to those amendments. I do not think that there is much disagreement with the minister. If we cannot agree on Alex Rowley’s amendments, Labour will support the Government’s amendment 30, which is a watered-down version. However, I urge the minister to think again about removing all the agreement at this stage. I emphasise that that approach was agreed by Oxfam, Barnardo’s, the Poverty Alliance and many others in the voluntary sector. I urge members to support Alex Rowley’s amendments.

The Deputy Presiding Officer

I can call Alex Fergusson and Malcolm Chisholm, as long as both are brief.

Alex Fergusson (Galloway and West Dumfries) (Con)

Thank you, Presiding Officer; I will be brief.

In summing up, will the minister allay my fears on two counts? Can he confirm that amendment 28, if it is agreed to, would allow the Scottish Parliament to operate entirely independently of national outcomes? On amendment 33, on what grounds does the minister wish to define community to include common interest, identity or geography in this part of the bill, although that is not the definition that is used in other parts of the bill?

Malcolm Chisholm (Edinburgh Northern and Leith) (Lab)

The minister gave an explanation for amendment 32, but it still reads rather strangely. I think that it would probably merit further explanation, because anyone outside the Parliament who read it would think that we were setting ourselves above the national outcomes. I am sure that that is not the intention, but I am slightly concerned about what may be read into amendment 32.

Marco Biagi

Let me begin almost at the end and work back. Amendments 32 and 28, which refer to the Scottish Parliament, make it clear that although the Scottish Parliament and its corporate body are excluded from the duty to have regard to the national outcomes, their functions are not excluded from the determination of the national outcomes themselves. I agree that that is a difficult distinction and perhaps not one that immediately jumps out, but the idea was to avoid accidentally bringing the Scottish Parliament—in its scrutiny functions and other functions that should be protected from Government decisions—into the bill unnecessarily.

Alex Fergusson asked about amendment 33. Communities have been defined differently in different parts of the bill. The member sits on the Rural Affairs, Climate Change and Environment Committee, which scrutinised the part of the bill that focuses on land reform, in which community is generally defined in a geographical way. However, other parts of the bill—on asset transfer and participation requests—have had a distinct definition of community within them to capture different things in different contexts, including communities of interest.

In working out the views of people in Scotland—taking the temperature and understanding people’s interests—we feel that it is reasonable to include communities of interest. That is different from the rather legalistic mechanism of compulsory purchase and community takeover that is included in the part of the bill on land reform.

The issue that I have with Ken Macintosh is that I do not have many issues. We are largely on the same page. The committee recommended that a parliamentary process should be enshrined in legislation and that is what we are both trying to do. The Government’s proposal and the proposal from Alex Rowley would both require 40 days of formal consideration by the Parliament; Alex Rowley’s position would require that period of consideration to extend to 60 days.

15:00

However, it is standard for any Scottish Government consultation—well, it would typically be expected—that there would be 90 days for public scrutiny. In that period, there would be nothing to prevent parliamentary committees from considering the issues or to prevent business managers from scheduling debates. Those options are all open. In fact, under the Government’s approach, the longer period of consultation would offer a wider opportunity for the Parliament to consult during that time. It has been highlighted that an explanation is needed, and amendment 36 deals with that issue. Perhaps Cameron Buchanan and I simply differ on the question of whether determining outcomes should be an executive or legislative function.

Reporting happens at present whenever the statistics are available. If there are determined outcomes, statistics are published almost weekly. There were statistics out today—there is day-by-day reporting against the outcomes that have been set. If outcomes have been set in one context and there are statistics coming out, that produces a real-time response, so to restrict reporting purely to timescales that are set out in legislation would be counterproductive to the desire to maintain the report on outcomes as a living document that is continually updated.

In conclusion, I think that I and other members are very close to one another in terms of where we want to be. We want a parliamentary process, and we have one. We also want a participative process out in the country so that everybody can take part in determining the national outcomes. I hope that members in the Parliament will support the amendments in my name.

The Deputy Presiding Officer

We are already way over time and we are only on the first group, so that will have implications for the rest of the afternoon. I ask for brevity from all members for the rest of the day.

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

Members: No.

The Deputy Presiding Officer

There will be a division. Prior to that, there will be a five-minute suspension because it is the first division at stage 3.

15:02 Meeting suspended.

15:07 On resuming—

The Deputy Presiding Officer

We move to the division on amendment 27.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Yousaf, Humza (Glasgow) (SNP)

Against

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Davidson, Ruth (Glasgow) (Con)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alex (North East Scotland) (Con)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, David (Highlands and Islands) (Lab)
Wilson, John (Central Scotland) (Ind)

The Deputy Presiding Officer

The result of the division is: For 65, Against 54, Abstentions 0.

Amendment 27 agreed to.

Amendment 28 moved—[Marco Biagi].

The Deputy Presiding Officer

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

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McDonald, Mark (Aberdeen Donside) (SNP)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Yousaf, Humza (Glasgow) (SNP)

Against

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rowley, Alex (Cowdenbeath) (Lab)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Wilson, John (Central Scotland) (Ind)

Abstentions

Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Davidson, Ruth (Glasgow) (Con)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
McGrigor, Jamie (Highlands and Islands) (Con)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 70, Against 36, Abstentions 15.

Amendment 28 agreed to.

Amendment 147 moved—[Alex Rowley].

The Deputy Presiding Officer

The question is, that amendment 147 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Davidson, Ruth (Glasgow) (Con)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alex (North East Scotland) (Con)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McGrigor, Jamie (Highlands and Islands) (Con)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Abstentions

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

The Deputy Presiding Officer

The result of the division is: For 51, Against 69, Abstentions 1.

Amendment 147 disagreed to.

Amendments 29 to 33 moved—[Marco Biagi].

The Deputy Presiding Officer

Does any member object to a single question being put on amendments 29 to 33?

Members: Yes.

The Deputy Presiding Officer

Before I ask the questions on amendments 29 to 33, I am minded to accept a motion under rule 9.8.5A, to extend the time limit for groups 1 and 2 by 10 minutes.

Motion moved,

That, under Rule 9.8.5A, the time limit for groups 1 and 2 be extended by 10 minutes.—[Joe FitzPatrick.]

Motion agreed to.

Amendments 29 to 32 agreed to.

The Deputy Presiding Officer

The question is, that amendment 33 be agreed to. Are we agreed?

Members: No.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Smith, Liz (Mid Scotland and Fife) (Con)

Abstentions

Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Davidson, Ruth (Glasgow) (Con)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Johnstone, Alex (North East Scotland) (Con)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
McGrigor, Jamie (Highlands and Islands) (Con)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)

The Deputy Presiding Officer

The result of the division is: For 105, Against 2, Abstentions 13.

Amendment 33 agreed to.

Section 1A—Regulations under section 1(1): procedure

15:15

Amendment 148 moved—[Alex Rowley].

The Deputy Presiding Officer

The question is, that amendment 148 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Davidson, Ruth (Glasgow) (Con)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alex (North East Scotland) (Con)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McGrigor, Jamie (Highlands and Islands) (Con)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, David (Highlands and Islands) (Lab)
Wilson, John (Central Scotland) (Ind)

Against

The Deputy Presiding Officer

The result of the division is: For 56, Against 65, Abstentions 0.

Amendment 148 disagreed to.

The Deputy Presiding Officer

Does any member object to a single question being put on amendments 34 to 39?

Members: Yes.

The Deputy Presiding Officer

I will put questions on the amendments separately.

Amendment 34 moved—[Marco Biagi].

The Deputy Presiding Officer

The question is, that amendment 34 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McDonald, Mark (Aberdeen Donside) (SNP)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Scott, Tavish (Shetland Islands) (LD)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McGrigor, Jamie (Highlands and Islands) (Con)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Mitchell, Margaret (Central Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rowley, Alex (Cowdenbeath) (Lab)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)

The Deputy Presiding Officer

The result of the division is: For 86, Against 34, Abstentions 0.

Amendment 34 agreed to.

Section 2—Review of national outcomes

Amendments 35 to 37 moved—[Marco Biagi]—and agreed to.

Section 3—Reports

Amendment 38 moved—[Marco Biagi].

The Deputy Presiding Officer

The question is, that amendment 38 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Against

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Gavin (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Davidson, Ruth (Glasgow) (Con)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alex (North East Scotland) (Con)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McGrigor, Jamie (Highlands and Islands) (Con)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, David (Highlands and Islands) (Lab)
Wilson, John (Central Scotland) (Ind)

The Deputy Presiding Officer

The result of the division is: For 65, Against 55, Abstentions 0.

Amendment 38 agreed to.

Amendment 39 moved—[Marco Biagi].

The Deputy Presiding Officer

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

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Yousaf, Humza (Glasgow) (SNP)

Against

Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Davidson, Ruth (Glasgow) (Con)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Finnie, John (Highlands and Islands) (Ind)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Harvie, Patrick (Glasgow) (Green)
Johnstone, Alex (North East Scotland) (Con)
Johnstone, Alison (Lothian) (Green)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
McGrigor, Jamie (Highlands and Islands) (Con)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Wilson, John (Central Scotland) (Ind)

The Deputy Presiding Officer

The result of the division is: For 101, Against 19, Abstentions 0.

Amendment 39 agreed to.

The Deputy Presiding Officer

I reiterate that if anyone wishes to object to an amendment, they must shout “No” clearly, because if neither I nor the clerks hear we will move on and we will not return to a vote on that amendment.

I call amendment 40, in the name of the minister, which has already been debated with amendment 27. I remind members that if amendment 40 is agreed to, I cannot call amendment 149 because of pre-emption.

Amendment 40 moved—[Marco Biagi].

The Deputy Presiding Officer

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

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Against

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Davidson, Ruth (Glasgow) (Con)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alex (North East Scotland) (Con)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McGrigor, Jamie (Highlands and Islands) (Con)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, David (Highlands and Islands) (Lab)
Wilson, John (Central Scotland) (Ind)

The Deputy Presiding Officer

The result of the division is: For 65, Against 56, Abstentions 0.

Amendment 40 agreed to.

The Deputy Presiding Officer

I will therefore move on to amendment 150.

Section 3A—Interpretation of Part 1

Amendment 150 moved—[Alex Rowley].

The Deputy Presiding Officer

The question is, that amendment 150 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Gavin (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Davidson, Ruth (Glasgow) (Con)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alex (North East Scotland) (Con)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McGrigor, Jamie (Highlands and Islands) (Con)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, David (Highlands and Islands) (Lab)
Wilson, John (Central Scotland) (Ind)

Against

The Deputy Presiding Officer

The result of the division is: For 55, Against 65, Abstentions 0.

Amendment 150 disagreed to.

Amendment 41 moved—[Marco Biagi].

The Deputy Presiding Officer

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

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McDonald, Mark (Aberdeen Donside) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Scott, Tavish (Shetland Islands) (LD)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Yousaf, Humza (Glasgow) (SNP)

Against

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rowley, Alex (Cowdenbeath) (Lab)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Wilson, John (Central Scotland) (Ind)

The Deputy Presiding Officer

The result of the division is: For 85, Against 36, Abstentions 0.

Amendment 41 agreed to.

After section 3A

The Deputy Presiding Officer

We come to group 2, on the European Charter of Local Self-Government. Amendment 151, in the name of Tavish Scott, is the only amendment in the group.

Tavish Scott (Shetland Islands) (LD)

In a stimulating afternoon of voting, I thought that we should debate Europe. Instead of the aspects of Europe that other places have been debating, this debate is on the European Charter of Local Self-Government.

I was very encouraged by the minister’s response on the matter when it was raised in the earlier stages of the bill’s proceedings. In his remarks at, I think, stage 2, he mentioned that the European Charter of Local Self-Government may well be an appropriate focus for debate and for an amendment to the bill. Here we have a chance to give effect to a very sensible ministerial observation.

As the Convention of Scottish Local Authorities briefing to colleagues across the Parliament says, the purpose of the proposal is simply to ensure that the Government recognises in its duties and responsibilities the objectives of local government.

There seem to me to be three strong points that local government is making to the Parliament on this matter. The first is that the charter was specifically drafted to protect communities and citizens from centralisation, which would reduce their rights to local self-government and active subsidiary arrangements. I ask members to forgive the European jargon.

The second point is that amendment 151 places a duty on ministers of this Government—and, indeed, of every Government—to “observe and promote” the EU charter while carrying out their functions. That is not exactly a hardship, I suggest, but it is an important measure of the Government’s intent towards local government.

The third point is that, in noting that the proposed duty is a pretty modest step, COSLA observes that it would consolidate the right of local people to a greater influence in the way that our communities manage their own affairs. That is very much in keeping with and in the spirit of the minister’s remarks this afternoon and in committee during stage 2 consideration of amendments to the bill.

The other aspect that is worthy of consideration is the money that underpins the effectiveness of local government. It is up to local government to decide how to give effect to the choices of the Parliament and the Government around, for example, the council tax freeze, but it is a fact that, by 2020, the Parliament will be spending £910 million a year on the council tax freeze and will have spent £6.3 billion since the policy was introduced. If the Parliament chooses to do that and supports the policy, so be it, but we should at least have a debate in this country about the alternatives that local government could give effect to were it to have much more flexibility with regard to how it resolves to spend its money and therefore serve local people.

The Deputy Presiding Officer

Mr Scott, I am afraid that your time is up. Could you start to conclude?

Tavish Scott

Let me finish with the observations that the COSLA spokesman in this area made to the minister. He observed that it is important to—

The Deputy Presiding Officer

I am afraid that you really must hurry up.

Tavish Scott

I am doing my best, Presiding Officer.

The Deputy Presiding Officer

Otherwise, I will have to cut you off. I cannot call anyone else to speak on the group, so—

Tavish Scott

Can I finish the sentence?

The Deputy Presiding Officer

Please hurry.

Tavish Scott

I will just move the amendment and ask the Parliament to support it.

I move amendment 151.

The Deputy Presiding Officer

Thank you. I should have said that I am extending the debate on this group of amendments under rule 9.8.4A(a) to allow those with the right to speak to do so. I should have said that before I called Tavish Scott. I cannot call anyone else who wishes to speak. I now call the minister.

Marco Biagi

Thank you, Presiding Officer.

As a Government, we believe that the people who live and work in Scotland are best placed to make decisions about our future. That is the essence of self-determination, and accordingly we, too, are committed to subsidiarity and local decision making in public life.

The Scottish Government works very much in partnership with local government and we share a vision of strengthened community planning, involvement and empowerment. Indeed, the success of our joint working was highlighted by the Council of Europe last year. Our commitment to local autonomy, self-determination and governance is not only central to our proposals in the bill but fundamental to our wider approach to public service reform and local government.

The European Charter of Local Self-Government is a widely recognised articulation of the principles of local autonomy to which we are bound, as an international treaty obligation, by ratification in 1998 at the Council of Europe. Our actions are therefore already guided by the provisions of the charter. It commits us to applying basic rules guaranteeing the political, administrative and financial independence of local authorities. Crucially, it provides that the principle of local self-government will be recognised in domestic legislation and, where practicable, in the constitution. The explanatory notes to the charter already recognise that states that do not have a written constitution, such as the UK, will be unable to give that constitutional protection.

This Government believes in a written constitution and would wish to see local government covered by it. A mention only in legislation does not carry the same force or have the same effect and could be annulled by future Governments rather more easily.

15:30

Legislation enacting the principles of the charter already exists in the form of the local government acts that set out the powers and responsibilities of our councils. We believe that those acts are in accordance with all the provisions that the charter requires. We have repeatedly said to local government partners that if they think that we are not in compliance with any parts of the charter they should show us examples so that we can rectify the situation.

Since the concordat, the Scottish Government and local government have worked constructively in partnership across a range of issues. Of course there have been disagreements, but the strength of any relationship is in how the parties work through disagreements. That collective working together and decision making has been demonstrated through examples such as the large-scale reduction in budget ring fencing, the work that we are taking forward with the islands areas ministerial working group, our collaborative working with COSLA to strengthen community planning and, of course, the bill itself.

I acknowledge COSLA’s work in bringing the issue to the fore; indeed, I discussed it personally with Councillor McGuigan earlier this week. Although we might disagree on the issue of the charter, we are united in recognising that local councils are an integral and essential element of overall good governance in Scotland. We remain of the view that the only way in which to go beyond legislation on the issue would be to institute a constitutional protection, which would further safeguard the charter’s provisions.

I ask Mr Scott to withdraw amendment 151.

The Deputy Presiding Officer

I ask Tavish Scott to wind up.

Ken Macintosh

On a point of order, Presiding Officer. I appreciate that there is an awful lot of business to get through today, but my understanding is that there are only two or three areas of contention. It would be unfortunate if, for example, Labour colleagues were unable to explain why we support the Liberals on amendment 151 and why we disagree with the minister’s view that what amendment 151 seeks is not necessary. Would it be possible for you to think about the time that is available to discuss the areas of contention? That would allow, for example, Mr Scott to get the chance to fully develop his argument and others to be able to express themselves and to say what we agree on, because there are huge areas of the bill on which we agree.

The Deputy Presiding Officer

I take your point, Mr Macintosh, and I think that it is regrettable that we are so far behind at this stage. That is a problem because of how the timings have been worked out and how time has been allocated this afternoon. Unfortunately, my hands are tied because of the earlier motion. However, I can invite a member to move a motion to extend the time for this debate by 10 minutes.

Motion moved,

That, under Rule 9.8.5A, the debate be extended by 10 minutes.—[Joe FitzPatrick.]

Motion agreed to.

The Deputy Presiding Officer

I now call Tavish Scott to wind up and indicate whether—sorry, I call Ken Macintosh for a brief speech. [Applause.] Order, please, or we will immediately need to further extend the debate.

Ken Macintosh

Presiding Officer, you will be relieved to hear that I have only a brief contribution.

I want simply to say that the European Charter of Local Self-Government guarantees the political, administrative and financial independence of local authorities. I believe that it is the first European law that encapsulates in legislation the principle of subsidiarity. I would have thought—in fact, I would have hoped—that an Administration that is occasionally subject to criticism for its overcentralising tendencies would have embraced the opportunity to prove that its position is otherwise. It is worth noting that before the general election not just COSLA but every local administration across England, Northern Ireland and Wales called for any future Administration to embrace the charter and put it into any constitutional settlement.

I am slightly disappointed by the Government’s view on the charter, but we commend Tavish Scott for lodging his amendment.

The Deputy Presiding Officer

I call Clare Adamson, too, for a brief contribution.

Clare Adamson (Central Scotland) (SNP)

Tavish Scott and Ken Macintosh have brought to light the importance of the charter. It is a timely reminder of how important European Union membership is to Scotland’s future. The European Charter of Local Self-Government was signed by the UK Government in 1997, formally binding the UK Government and successive Governments, and their devolved Assemblies and devolved Administrations, to respect its terms and implement its requirements.

Some of the requirements are specific to a written constitution. However, in its explanatory report, the charter recognises the UK’s constitutional arrangement and suggests that no legislation is needed. On article 2, the explanatory report says that the

“article provides that the principle of local self-government should be enshrined in written law.”

It goes on to say:

“It was also recognised that countries not having a written constitution but a constitution to be found in various documents and sources might encounter specific difficulties or even be unable to make that commitment.”

Given Scottish law as it stands, I do not think that amendment 151 would give any of the protections that Tavish Scott seeks. On that basis, we should reject the amendment, as we already have protection in Scottish law.

The Deputy Presiding Officer

Finally, I call Tavish Scott to wind up and indicate whether he wishes to press or withdraw the amendment.

Tavish Scott

I am grateful to Ken Macintosh for the opportunity to thank you, Presiding Officer, for allowing further debate on the matter.

I take the minister’s points about the constitutional aspects. There is a perfectly fair argument about that, but the point is that for many of us—including, privately, the minister, I suspect—and particularly for local government, the amendment represents a step forward and we should take the opportunity to take that step in Parliament and in law, as it strengthens the very arguments that the minister made.

I cannot take the minister’s arguments on centralisation too seriously. After all, the Government has replaced ring fencing with the straitjacket of the council tax freeze—whether members consider that good, bad or indifferent, local government sees it as a straitjacket on what it can do, and it is ridiculous to suggest otherwise.

I am grateful to the minister for mentioning the concordat. We have not heard tell of that for about four years; it used to be mentioned every week at First Minister’s questions, but no longer. The concordat ises not just historic, but is a point of history. [Interruption.]

The Deputy Presiding Officer

Order. Mr Scott has little time to make his point and we must hear him.

Tavish Scott

I will stop there, but I wish to press the amendment.

The Deputy Presiding Officer

The question is, that amendment 151 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Davidson, Ruth (Glasgow) (Con)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Findlay, Neil (Lothian) (Lab)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alex (North East Scotland) (Con)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McGrigor, Jamie (Highlands and Islands) (Con)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 52, Against 68, Abstentions 0.

Amendment 151 disagreed to.

Section 5—Local outcomes improvement plan

The Deputy Presiding Officer

Group 3 is on “Community planning—locality plans etc”. Amendment 1, in the name of the Minister for Local Government and Community Empowerment, is grouped with amendments 2 to 8.

Marco Biagi

During stage 2 consideration of provisions on community planning, the Local Government and Regeneration Committee and I discussed duties that should be imposed on community planning partnerships to undertake locality planning. Such duties include working with communities to prepare, publish and deliver plans that are aimed at improving outcomes for local communities on a smaller level than a whole CPP area. Although I could not agree to the amendments that Alex Rowley lodged, I undertook to work with Labour members of that committee to introduce community planning at a more neighbourhood level. I have appreciated the constructive involvement of those members and the discussions that I have had with them.

Amendment 1 requires CPPs to include a description of the needs and circumstances of persons in their CPP areas in their local outcomes improvement plans.

Amendments 2 and 3 are minor amendments in consequence of amendments 4 to 7, which introduce locality planning and locality plan improvement reports.

Amendment 4 imposes duties on each CPP to identify each geographic locality in their area where persons experience significantly poorer outcomes than are experienced by persons who reside in other localities in that area or significantly poorer outcomes than are experienced generally by persons who reside in Scotland.

Amendment 5 imposes duties on each CPP to prepare and publish a locality plan for each locality that it has identified as experiencing the significantly poorer outcomes referred to in amendment 4. To further encourage locality planning, the amendment makes it clear that CPPs may also prepare and publish locality plans for other areas. I encourage them all to consider doing that.

Amendment 6 imposes a duty on each CPP to keep under review the question whether it is making progress in improving the achievement of each local outcome that the locality plan refers to. CPPs must also review the locality plan, and they may revise it.

Amendment 7 imposes a duty on each CPP to prepare and publish a locality plan progress report for each locality plan that it publishes for each reporting year.

The provisions in amendments 5 to 7 for locality plans broadly echo the corresponding duties on CPPs around their local outcomes improvement plans under sections 5 to 7. That is part of our wider programme of community empowerment. On that basis, I hope that the amendments will be supported.

Amendment 8 adds a definition of locality to the interpretation section for part 2, in consequence of amendment 4.

I hope that those amendments, which began with the Opposition and have been taken on by the Government, will command wide support around the chamber.

I move amendment 1.

The Deputy Presiding Officer

Four members wish to speak. If they all take a minute, I should be able to fit everyone in.

Ken Macintosh

I do not wish to add anything to the substantive arguments that the minister made. I mention in the interests of transparency that a number of outstanding issues were left hanging from stage 2. I acknowledge that the minister consulted Labour members—Alex Rowley, Cara Hilton, me and others. I thank him for those efforts and offer our support for the amendments.

Cameron Buchanan

We quite agree with amendments 1 to 3, but amendments 4 to 8 raise concerns not because of their practical content but because of the principle that they threaten. A bill about empowering communities should do just that. Communities should be able to set their own priorities and aims for improvement, including where they apply. If a community planning partnership is to be empowered, it should not be told which studies to do and which areas to focus on; community planning partnerships should be able to decide that for themselves. The point is not that improving outcomes for disadvantaged communities is the wrong aim but that communities should be left to set their own priorities and be free to use their resources as they see fit.

Kevin Stewart (Aberdeen Central) (SNP)

I welcome the constructive discussions that took place to get us to the amendments.

Cameron Buchanan has got the wrong end of the stick entirely. The amendments will ensure that communities at a very low level—at a very local or neighbourhood level—have a say instead of being dictated to completely and utterly by a community planning partnership that many folk will think is distant. I urge him to rethink what he just said and to back the amendments, which will do much to empower communities—particularly those that are disadvantaged.

Malcolm Chisholm

I welcome the amendments. It is good that the top-down process of community planning will become far more localised because of the proposals. Credit goes to the minister and Alex Rowley, who pressed those issues strongly in committee.

I have only one question to the minister. We have a detailed process for the integration of health and social care, in which there have to be locality plans. Many people are asking what the relationship will be between the locality plans of the integration authorities and the locality plans in question. If the minister could shed any light on that, that would be helpful.

The Deputy Presiding Officer

I said that four members wished to speak, but John Wilson has also made a request to speak.

John Wilson (Central Scotland) (Ind)

I seek clarification from the minister on amendment 5, which will insert a section on locality plans after section 7. Subsection (4) in amendment 5 says:

“In preparing a locality plan, a community planning partnership must consult—

(a) such community bodies as it considers appropriate”.

Will community planning partnerships be expected to extend the consultation as widely as possible and not to exclude groups that they might feel that they could exclude?

15:45

Marco Biagi

I am happy to address all the concerns that have been expressed and to answer the specific questions that have been raised.

On the point made by John Wilson, it is clear that, as a result of the bill, there will be a lot of duties on CPPs to foster participation, particularly by underrepresented socioeconomic groups. That, too, will come under the ambit of locality planning.

I have to disagree with Cameron Buchanan’s take on the matter; indeed, I wonder whether there might be a misunderstanding or a difference of interpretation. CPPs are valuable because they bring to the table not just the council but all the public, third sector and private partners in an area and do so at the level of a local authority area. I hope that we share the aim of replicating some of that work at a more local level, and the amendments in the group will give flexibility in dividing up an area.

The initial proposal was based on community council units, but the amendments in the group will make things flexible by allowing the CPP to base its approach on whatever division of the local authority area it thinks is sensible or worth while. Some might find interaction with health and social care localities to be a sensible approach, while others might choose not to align things in that way—that will be down to local decision making.

Nevertheless, it is important that all CPPs recognise that, as part of our thrust in the bill to target areas of socioeconomic disadvantage, locality plans must at a minimum be delivered to areas that are suffering particular disadvantage relative to the rest of the local authority area in question or relative to Scotland. They must also recognise that work must be undertaken in those areas to recognise their particular problems at neighbourhood level. There is nothing to stop a CPP producing locality plans for its entire area, but the areas that I just referred to must be targeted.

The Deputy Presiding Officer

The question is, that amendment 1 be agreed to. Are we agreed?

Members: Yes.

The Deputy Presiding Officer

Are we agreed?

Members: Yes.

The Deputy Presiding Officer

Can I ask members not to say yes if they agree and to shout no if they disagree? I will put the question again, because I thought that I heard a no, and I want to be clear. Are we agreed?

Members: Yes.

Amendment 1 agreed to.

The Deputy Presiding Officer

Do members object to a single question being put on amendments 2 to 8?

Members: Yes.

The Deputy Presiding Officer

In that case, I will put the question on each amendment individually.

Section 7—Local outcomes improvement plan: progress report

Amendments 2 and 3 moved—[Marco Biagi]—and agreed to.

After section 7

Amendment 4 moved—[Marco Biagi].

The Deputy Presiding Officer

The question is, that amendment 4 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

Brown, Gavin (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Davidson, Ruth (Glasgow) (Con)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
McGrigor, Jamie (Highlands and Islands) (Con)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 104, Against 14, Abstentions 0.

Amendment 4 agreed to.

Amendment 5 moved—[Marco Biagi].

The Deputy Presiding Officer

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

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Davidson, Ruth (Glasgow) (Con)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
McGrigor, Jamie (Highlands and Islands) (Con)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 103, Against 16, Abstentions 0.

Amendment 5 agreed to.

Amendment 6 moved—[Marco Biagi].

The Deputy Presiding Officer

The question is, that amendment 6 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

The Deputy Presiding Officer

The result of the division is: For 104, Against 11, Abstentions 0.

Amendment 6 agreed to.

Amendment 7 moved—[Marco Biagi].

The Deputy Presiding Officer

The question is, that amendment 7 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

The Deputy Presiding Officer

The result of the division is: For 103, Against 15, Abstentions 0.

Amendment 7 agreed to.

Section 13—Interpretation of Part 2

Amendment 8 moved—[Marco Biagi].

The Deputy Presiding Officer

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

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

The Deputy Presiding Officer

The result of the division is: For 104, Against 15, Abstentions 0.

Amendment 8 agreed to.

Section 15—Meaning of “community participation body”

The Deputy Presiding Officer

Group 4 is on types of group entitled to make participation requests. Amendment 9, in the name of the Minister for Local Government and Community Empowerment, is grouped with amendments 10 and 11.

Marco Biagi

These amendments respond to another commitment that I made at stage 2. The Local Government and Regeneration Committee expressed concern about the need for a group to have a written constitution before being able to make a participation request. Although I did not agree with the amendments that were lodged at stage 2, which would have allowed individuals to make such requests, I recognise the need to allow groups that are less formally organised to come together and contribute their ideas for improving their communities. Those could include groups that are so informal that they do not wish to codify, or those in the early stages of establishment that already have ideas to offer.

Section 14 sets out the criteria that a group is required to meet to be a community controlled body. They include requirements for the group to define the community that it represents, to be open to all members of that community and to be controlled by members of it. Each of those is important—it is not about others telling the community what is good for them. Although partnerships may be welcome, organisations such as citizens advice bureaux may be consulted to provide support to participation requests. However, this is about community empowerment.

We must retain those key features of a community body, even if they are not set out in a formal constitution. Therefore, amendments 9 and 10 provide for another type of community participation body, set out in section 15, which does not have a written constitution but which has all the same features of having a community basis, of being open to and representative of that community, and of being not for profit. In the absence of a constitution establishing and codifying that, there must be a test whether a group meets the criteria. Amendment 11 provides that it will be for the public service authority to determine that. The group must provide such information as the authority needs to be satisfied of that. The information need not be produced in formal documents; it might come from leaflets or newsletters, or just through conversations with the group about who they are and how they decide what the group should do.

The amendments will open up participation requests to less formal groups, which, nonetheless, have something to offer their community, while ensuring that they are being used only by groups that are open, not for profit and representative.

I move amendment 9.

Amendment 9 agreed to.

Amendment 10 moved—[Marco Biagi]—and agreed to.

Section 17—Participation requests

Amendment 11 moved—[Marco Biagi]—and agreed to.

The Deputy Presiding Officer

I let Parliament know that, as we are nearing the agreed time limit under rule 9.8.4.A, I consider it necessary to allow the debate on groups 3 to 6 to continue beyond the limit.

After section 24

The Deputy Presiding Officer

Group 5 is on participation requests, appeals and reviews. Amendment 42, in the name of the Minister for Local Government and Community Empowerment, is grouped with amendment 43.

Marco Biagi

Everything in the bill is about empowering communities. The bill does that by conferring new rights and by signalling that the approach across the public sector must be one of welcoming and facilitating communities in decision making.

Participation requests are a way of generating that partnership. They are the embodiment of the new culture that we want to see in the public sector, in which community participation in decision making is the norm, and in which we create positive relationships and make the most of all the knowledge and ideas that communities have to offer. That depends on mutual respect. Indeed, a minister can make provision for many things, but we cannot, by legislation, order or instruction create that respect. Although we could force people to come to any table, it is unlikely that anything positive would come out of dialogue held in such adversarial circumstances.

We believe that community bodies have the right to participate. Through participation requests, the legislation sets out a process to allow them to do so. Helpful stage 2 amendments mean that the bill will ensure that public authorities must be transparent about how they deal with requests, with clear, regular reporting. Ministers will take note of the performance of bodies reporting to us and I expect that councillors will do so, too, in their local authorities. However, we must be clear that being able to appeal any participation request, as the bill currently allows, would, I expect, see a sweeping range of requests coming to minister centrally for their decision making.

Participation requests can range from an informal group with some suggestions to make as a very junior partner in a community action plan to a community organisation seeking to take over delivery of a service. In the latter case, on consideration, there may be a stronger case for appeals to ministers. There is an important distinction, because there may be significant interaction with other important areas of law, so it would be vital to get the detail right.

We are proposing to make provision for appeals to be introduced on participation requests, if experience shows that they are needed. Amendment 42 gives ministers the power to make regulations about appeals or reviews of decisions relating to participation requests. That also allows for the appeals or reviews to be carried out by persons other than the Scottish ministers. I am sure that appeals or reviews will be needed only in exceptional cases, and we need to make sure that the system is proportionate.

I have also lodged an amendment, which we will come to in the next group, to require ministers to prepare a report on the operation of participation requests across the country. That will ensure that the system is reviewed within three years of coming into effect, although the regulation-making power is independent of that timescale. I hope that members will agree that making provision for appeals in that way is a more appropriate method of dealing with participation requests, and of ensuring that, if appeals are found to be needed, a system can be set up that is tailored to the situation, which can be updated as needed and which, when used, makes things better rather than worse.

I move amendment 42.

16:00

The Deputy Presiding Officer

Once again, under rule 9.8.5A, I am minded to accept a motion without notice, to extend the time limit for group 5 by 10 minutes.

Motion moved,

That, under Rule 9.8.5A, the time limit for group 5 be extended by 10 minutes.—[Joe FitzPatrick.]

Motion agreed to.

The Deputy Presiding Officer

That allows me to call two members who want to contribute to the group, but their contributions should be brief.

Ken Macintosh

I fully agree with the minister that the bill is all about improving the involvement and participation of communities. The minister seems to suggest that it will be rare for communities to seek to participate and to have their participation request turned down by a public body. That is true, but the right to appeal such a decision should be enshrined in our legislation.

In support of that argument, I will quote no less an authority than Michael Russell MSP, who argued at stage 2 on appeals on asset transfers that

“there is no doubt that, in a very few exceptional cases, giving community bodies a route of appeal to Scottish ministers could be beneficial because it would strengthen part of the bill’s focus on openness, transparency and consistency. It may well be a proportionate measure.”—[Official Report, Local Government and Regeneration Committee, 11 March 2015; c 43.]

I could not have put it better myself. That is why the committee agreed to the amendment at stage 2. Rather than taking that amendment out and replacing it with a Government power to regulate, I ask the minister to rethink his approach. We are talking about shifting the balance of power so that public bodies know that any decisions that they take might be challenged because there is an appeals mechanism. It is important that we give the communities the power, not the public body. I urge the minister to withdraw the amendment.

Stuart McMillan (West Scotland) (SNP)

I listened to what Ken Macintosh had to say and I have read the Official Report of stage 2. Although I genuinely appreciate what Alex Rowley was trying to do at stage 2—and I am sure that he will understand my position on community empowerment, because I am a former member of the committee—what the bill says at the moment will prove to be unworkable in many cases. As it stands, the bill could allow a confrontational approach to be taken. I know that that is not what the section intends, but I fear that that is what would happen. If an individual gets to the point of making an appeal on an issue, clearly and understandably their feelings will be running high.

Amendment 42 will assist with such situations by providing for a power to make regulations on appeals and reviews. That will not preclude an appeal and a review system if that is found to be required. Amendment 44, which is to be discussed shortly, calls on ministers to review the operation of participation requests within three years of their coming into operation. I therefore support amendments 42 and 43.

Marco Biagi

As I have said, we have taken on board the case that is being made. There is provision in the bill. The contrast between what Michael Russell said and the section that we are discussing is that, with asset transfers, there is a tangible, physical asset, and the difference between that and a constructive relationship and dialogue could not be bigger. That is why it might be valid to make a distinction for the takeover of services.

I have one example. If a council tenants association wants to discuss how a concierge area should be decorated, makes a participation request to the council and gets knocked back, under the bill as it stands, without amendments 42 and 43, that decision could be appealed straight to ministers. If people believe that that is the right way for things to be decided, they are welcome to vote for that. However, if they do, please let them never again come to the chamber and accuse the Government of centralisation.

The Deputy Presiding Officer

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

Members: No.

The Deputy Presiding Officer

There will be a one-minute division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Grant, Rhoda (Highlands and Islands) (Lab)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)

The Deputy Presiding Officer

The result of the division is For 81, Against 35, Abstentions 0.

Amendment 42 agreed to.

Section 24A—Appeals

Amendment 43 moved—[Marco Biagi].

The Deputy Presiding Officer

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

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McDonald, Mark (Aberdeen Donside) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Scott, Tavish (Shetland Islands) (LD)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Grant, Rhoda (Highlands and Islands) (Lab)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rowley, Alex (Cowdenbeath) (Lab)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)

The Deputy Presiding Officer

The result of the division is For 86, Against 29, Abstentions 0.

Amendment 43 agreed to.

Section 25A—Annual reports

The Deputy Presiding Officer

Before I call group 6—after which my colleague John Scott will take the chair—I say to the chamber that the anticipated timings for this stage 3 are very far from the reality. I will now go and look carefully at the timings for the rest of this afternoon and this evening.

Group 6 is on participation request and asset transfer request reports. Amendment 12, in the name of the Minister for Local Government and Community Empowerment, is grouped with amendments 44 and 19.

Marco Biagi

At stage 2, following the committee’s recommendation, I brought forward provisions to require relevant authorities to publish annual reports on asset transfer requests and participation requests. Those reports will set out the number of requests received and their results, as well as how the authority is promoting and supporting the use of the requests.

John Wilson proposed that a deadline should be set for the reports to be produced. We have sought the views of some of our key stakeholders in the public sector and the third sector, including the Development Trusts Association Scotland, the Scottish Community Development Centre, the Scottish Council for Voluntary Organisations, Barnardo’s, Oxfam and the Poverty Alliance, and the majority view is that 30 June would be an appropriate date for the annual reports to be published. That is what amendments 12 and 19 put in place for participation requests and asset transfer requests respectively.

Amendment 44 is the amendment that I spoke about a minute ago in relation to appeals. It requires ministers to prepare a report on the operation of participation requests within three years of them coming into force, and to lay it before Parliament.

I move amendment 12.

The Deputy Presiding Officer (John Scott)

Before I call other speakers, I want to let Parliament know that, as we have passed the agreed time limit, under rule 9.8.4.A(a) I consider it necessary to allow the debate to continue beyond the limit in order to allow those with a right to speak on amendments in the group to do so.

I offer the minister the opportunity to wind up.

Marco Biagi

I will waive that opportunity.

Amendment 12 agreed to.

After section 25A

Amendment 44 moved—[Marco Biagi]—and agreed to.

Section 28—Meaning of “community”

The Deputy Presiding Officer

Group 7 is on changes related to the type of body that a community body, crofting community body or part 3A community body is and duties on such bodies. Amendment 45, in the name of the Minister for the Environment, Climate Change and Land Reform, is grouped with amendments 47 to 49, 62, 70, 72, 74 to 76, 78, 82 to 85 and 87.

The Minister for Environment, Climate Change and Land Reform (Aileen McLeod)

The purpose of amendment 45 is to extend the ability of a community body to define its community by reference to postcode unit or postcode units to both Scottish charitable incorporated organisations—SCIOs—and community benefit societies—bencoms.

The purpose of amendments 48, 49, 82 to 85 and 87 is to update the provisions in part 2 and the new part 3A of the Land Reform (Scotland) Act 2003, which set out what type of connection a community is required to have with the land that is the subject of an application under part 2 to register an interest in land or under part 3A to apply to exercise the right to buy.

Amendment 48 ensures that the acquisition of the land by the community body has to be compatible with furthering the achievement of sustainable development of the land and is applicable to all subparagraphs of section 38(1)(b) of the 2003 act. It also makes some technical changes to the definition of a community to align with the extension in the types of community bodies that can make an application to include bencoms, SCIOs and other types of bodies as prescribed in regulations by ministers.

Amendment 48 repeals the reference to the definition of community within section 38(1)(b)(i), because it is already being set out in section 38(3). Amendment 48 also amends section 38(1)(b) by inserting two additional options for fulfilling the requirement to demonstrate a connection with the land: where the community body is a company limited by guarantee, a bencom or a SCIO, the land is in or sufficiently near to the area of the community as set out in their articles of association, constitution or registered rules; and, where the community body is a body as prescribed by ministers, the land is in or sufficiently near to the area of the community to which that body relates.

Amendment 49 makes technical changes to section 38(3) of part 2 of the 2003 act to take account of the fact that community bodies can now take the form of SCIOs, bencoms and other forms of body as prescribed in regulations by ministers.

Amendments 70 and 72 move the definition of a company limited by guarantee, so that the definition is grouped within the subsection that defines the other types of body that can constitute a community body.

Amendment 82 repeals the reference to the definition of community in the new section 97H(h), because it is superseded by the new provisions inserted by amendment 87. Amendment 83 is a minor wording change in section 97H(h)(ii). Amendment 83 is consequential to amendment 87.

Amendment 84 amends the new section 97H(h) and the connection between the community and the land, in the same way that amendment 48 does. Amendment 85 repeals the words “so defined” in section 97H(i). This amendment is consequential to the change to the definition of community introduced by amendment 87.

Amendment 87 provides that, for the purposes of section 97H in part 3A of the 2003 act, references to a community are references to the community as defined in the community body’s application.

Amendments 47, 62, 74 to 76 and 78 relate to the details of community bodies, crofting community bodies and part 3A community bodies that have to be included on the various registers that relate to the rights to buy in part 2, part 3 and the new part 3A of the Land Reform (Scotland) Act 2003. They impose the same requirement to include the names and addresses of the SCIOs and the bencoms in the relevant register. They also require a community body that has registered an interest in land to notify the keeper of the registers of Scotland of a change to the community body’s name or registered or principal office as soon as is reasonably practicable after the change has been made.

Amendment 62 also enables information or documentation to be withheld from public inspection when it relates to arrangements for the raising or expenditure of money that would be used for a particular purpose in connection with the land that is the subject of the application. That ensures that sensitive financial data is appropriately safeguarded and not made publicly available.

I move amendment 45.

Claudia Beamish (South Scotland) (Lab)

I would simply like to welcome the addition of SCIOs and bencoms to the available community bodies in relation to this part of the bill.

Amendment 45 agreed to.

Section 29—Modification of memorandum, articles of association or constitution

The Deputy Presiding Officer

We move to group 8, on minor amendments—part 4. Amendment 46, in the name of the minister, is grouped with amendments 54, 55, 63, 64, 71, 77, 88, 89, 136, 137 and 139 to 142.

16:15

Aileen McLeod

Section 35(3) of the Land Reform (Scotland) Act 2003 allows ministers to compulsorily acquire land bought by a community body under part 2 of the 2003 act if ministers are satisfied that, had it not bought that land, it would no longer be entitled to do so.

Amendment 46, if agreed, will give ministers—where they exercise their power of compulsory acquisition under section 35(3) of the 2003 act—the power to make an order modifying any amendment relating to, or in connection with, the acquisition of the land. It will bring the relevant sections of parts 2, 3 and the new part 3A of the 2003 act into alignment.

Amendment 136 is consequential to amendment 46. It provides that the new power for ministers to make such an order is subject to the affirmative procedure.

The purpose of amendments 54 and 55 is to ensure consistency in the wording of section 39A of the 2003 act. The purpose of amendment 63 is to insert the new section to be inserted by section 47K of the bill after section 97 rather than 97A of the 2003 act, as there is another section 97B of the 2003 act to be inserted by section 48 of the bill. Amendment 64 renumbers that section as section 97ZA of the 2003 act.

Amendment 71 adjusts a cross-reference in section 97D(7) of the 2003 act that relates to part 3A community bodies.

Amendment 77 provides that the person who provides a document or other information, or makes a decision, a copy of which is to be registered in the part 3A register, must give a copy to the keeper of the registers of Scotland as soon as reasonably practicable.

Amendment 88 alters the paragraphing of section 97J(3) to clarify that regulations made by ministers about how the ballot is to be conducted make provision for the ascertainment and publication of: the number of persons eligible to vote in the ballot; the number who did vote; and the number of valid votes respectively cast for and against. The regulations must also make provision for the form and manner in which the result of the ballot is to be published.

Amendment 89 leaves out the unnecessary words

“of the Registers of Scotland”

because a definition of the keeper of the registers of Scotland as “the Keeper” is provided in section 97F(9) of the 2003 act.

The purpose of amendment 137 is that the power inserted by section 97D(1)(b) into the 2003 act is subject to the affirmative procedure. That power allows ministers to make regulations setting out an additional description of a body in addition to a body falling within subsection (1A), (1B) or (1C) of section 97D of the 2003 act that may be part 3A community bodies and to set out any requirements that those bodies must comply with.

Amendments 139 to 142 relate to the International Covenant on Economic, Social and Cultural Rights. They amend the provisions that were inserted by Michael Russell’s stage 2 amendment. The effect of the amendments is that ministers, when making certain decisions on a right-to-buy application made under parts 2, 3 or 3A of the Land Reform (Scotland) Act 2003, must have regard to that international covenant.

Amendments 140 and 141 are minor drafting amendments. Amendment 142 adds two qualifications of the reference to the covenant. The references to the covenant are qualified by:

“any amendments in force in relation to the United Kingdom for the time being, and ... any reservations, objections or interpretative declarations by the United Kingdom for the time being in force”.

I move amendment 46.

Claudia Beamish

I welcome Michael Russell’s stage 2 amendment on human resources issues and the International Covenant on Economic, Social and Cultural Rights, and I acknowledge that the minister’s amendments 139 to 142 complete the tidying process in that respect.

Aileen McLeod

I thank Claudia Beamish for her thanks.

Amendment 46 agreed to.

After section 29

Amendment 47 moved—[Aileen McLeod]—and agreed to.

Section 30—Period for indicating approval under section 38 of 2003 Act

Amendment 48 moved—[Aileen McLeod]—and agreed to.

The Deputy Presiding Officer

Group 9 is on period for indicating approval under part 2 of 2003 act. Amendment 154, in the name of Claudia Beamish, is grouped with amendment 155.

Claudia Beamish

Previous versions of my amendments 154 and 155 were lodged at stage 2 by my colleague on the Rural Affairs, Climate Change and Environment Committee, Dave Thompson, and were based on discussions with Community Land Scotland.

Section 30 of the bill will amend section 38 of the 2003 act, which sets out the criteria for registration of community interests. The bill will insert a new provision that precludes ministers from considering any community support that is dated earlier than six months before the date on which an application for registering a community interest in land is received by ministers. Amendment 154 seeks to increase that period to 12 months.

At stage 2, the minister stated that it is important that the approval of members of the community be current, which I acknowledge, and that a 12-month timeframe could mean that the plans or the community itself could have changed. The minister’s alternative amendment 49 would give ministers the power to alter the timeframe by regulation if it is proved that the six-month timeframe poses a barrier to communities exercising their right to buy. Assurances were given at stage 2 that the regulations would be used only to increase, and not to decrease, the timescale. My amendment 155 would give that a statutory footing to ensure that any amendment to the timeframe could not reduce it to less than six months.

I move amendment 154.

Alex Fergusson

I have no doubt that Claudia Beamish’s amendments are well intentioned, but I find them to be unnecessary, given that the bill will already give ministers the ability to substitute a different period of time if they see a need to do so.

I think that six months is an appropriate period—bearing in mind the ability of ministers to alter it—in this instance, in particular. Shorter periods of time keep minds focused and probably keep up momentum. I think that both those abilities would be diminished by extending to 12 months the period for approval.

For those reasons, Conservative members will not support the amendments in group 9.

Aileen McLeod

The bill will insert in the 2003 act proposed new section 38(2A), which states that, in considering an application for registration of an interest in land,

“Ministers may not take into account ... the approval of a member of the community if it was indicated earlier than 6 months before the date”

on which the part 2 application was made.

Amendment 154 would increase the period of time for approval from six months to 12 months to give ministers more flexibility to consider community support. I believe, however, that it is important for such approval to be current. If the approval was given 12 months prior to the date of application, the community’s plans or the community itself may have changed in the intervening time.

The bill will also insert in the 2003 act proposed new section 38(2B), which will give ministers the power to amend the time limit if they consider that to be desirable. I hope that that gives Claudia Beamish some reassurance, so I urge her to seek to withdraw amendment 154.

Amendment 155 would mean that ministers, when using the new power in proposed new section 38(2B) of the 2003 act to amend the six-month time limit, could not change it to a period of less than six months. I support amendment 155.

The Deputy Presiding Officer

I call Claudia Beamish to press or to seek to withdraw amendment 154.

Claudia Beamish

I press amendment 154.

The Deputy Presiding Officer

The question is, that amendment 154 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Wilson, John (Central Scotland) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 39, Against 78, Abstentions 0.

Amendment 154 disagreed to.

Amendment 155 moved—[Claudia Beamish].

The Deputy Presiding Officer

The question is, that amendment 155 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

The Deputy Presiding Officer

The result of the division is: For 103, Against 14, Abstentions 0.

Amendment 155 agreed to.

Amendment 49 moved—[Aileen McLeod]—and agreed to.

Section 31—Procedure for late applications

The Deputy Presiding Officer

Group 10 is on the time period for representations and provision of information under 2003 act. Amendment 50, in the name of the minister, is grouped with amendments 52, 57, 58 and 144.

Aileen McLeod

Amendments 50, 52, 57, 58 and 144 were lodged in response to Claudia Beamish’s stage 2 amendment 57, which sought to provide flexibility in the timescales for providing information in connection with an application that is made under part 2 or part 3A of the 2003 act. During stage 2, I committed to lodging amendments on the matter. The best approach is to increase the period at key points in the process. I have identified four areas where an extension from seven days to 14 days in which to provide information would be beneficial to the party concerned.

Amendment 50 will change from seven days to 14 days the time within which the relevant party must provide to ministers additional information in connection with a late application.

Amendment 52 will change from seven days to 14 days the time within which persons must provide ministers with further information in connection with an application.

Amendment 57 will change from seven days to 14 days the time within which the community body must provide to ministers additional information in connection with an application.

Amendment 58 will change from seven days to 14 days the time within which the community body may provide additional information in connection with circumstances that affected the ballot.

Amendment 144 will remove paragraph 2(6) from schedule 4, which is the current provision for extending seven-day time limits.

I move amendment 50.

Claudia Beamish

I support the minister’s amendments, which rationalise my stage 2 amendment to extend waiting periods in late applications.

Aileen McLeod

I thank Claudia Beamish for her amendment at stage 2.

Amendment 50 agreed to.

16:30

The Deputy Presiding Officer

Group 11 is on late applications under part 2 of 2003 act. Amendment 51, in the name of the minister, is grouped with amendment 53.

Aileen McLeod

Amendments 51 and 53 have been lodged as a result of the withdrawal at stage 2 of amendment 49, which was lodged by Alex Fergusson. At stage 2 I committed to lodging a stage 3 amendment because amendment 49 did not take account of such factors as the terms on which the land was offered to the community body and the reasons why the community body rejected or did not complete the purchase.

Amendment 51 relates to the late application process in part 2 of the 2003 act. It will insert new criteria, about which ministers must be satisfied before consenting to a late application. The amendment’s purpose is to prevent a late application from being accepted if the land was offered to the same or a “similar community body” within the previous 12 months, unless, in ministers’ opinion, there are good reasons why the body did not purchase the land. Examples of things that might be considered good reasons include conditions’ being attached to the sale of the land, or the area of land being offered not meeting the community’s needs at the time.

Amendment 53 specifies that it is for ministers to decide whether a community body is a “similar community body” for the purposes of provisions in amendment 51. When considering whether a community body is “similar”, ministers will have to have regard to matters that will be set out in regulations, including how many of the named directors, other officers or named members of the two community bodies are the same.

I move amendment 51.

Alex Fergusson

I am grateful to the minister for lodging amendments 51 and 53. As she acknowledged, they stem from an amendment that I lodged at stage 2 and then withdrew, given the Government’s undertaking to look at the issue that I raised and to lodge its own amendment. The issue was simply that I wished to provide a bit of protection in the circumstances that the minister has described. Amendment 51 provides a better balance in the process and amendment 53 very sensibly allows a bit of flexibility in the definitions of any offer that is made, the land in question and the make-up of the community body. I am very happy to support the amendments.

Amendment 51 agreed to.

Amendments 52 and 53 moved—[Aileen McLeod]—and agreed to.

Section 32—Evidence and notification of concluded missives or option agreements

Amendments 54 and 55 moved—[Aileen McLeod]—and agreed to.

After section 33

The Deputy Presiding Officer

We move to group 12, on expiry of registration under part 2 of 2003 act. Amendment 56, in the name of the minister, is grouped with amendment 156. I call the minister to move amendment 56 and to speak to both amendments in the group.

Aileen McLeod

Amendment 56 relates to part 2 of the 2003 act and has been lodged as a result of the withdrawal at stage 2 of amendment 52, which was lodged by Dave Thompson. Amendment 52 would have required the keeper of the registers of Scotland to notify the community body of the expiry of a registered interest. I believe that it is more appropriate for ministers to notify the community body of the expiry.

Amendment 56 will require ministers to notify a community body that its registered interest in land is due to expire, no earlier than 12 months before the registered interest is due to expire. Ministers will have a period of 28 days from that date in which to send the notification to the community body in order to give the community body sufficient time to prepare its reregistration.

I turn to amendment 156. Under the existing provisions of part 2 of the 2003 act, a community is required to reregister its interest every 5 years. The reregistration period is designed to ensure that community support for the acquisition remains current, and that other vital aspects have not changed. Amendment 156 seeks to extend from five years to seven years the period for which a registration of interest lasts. However, that would no longer provide an indication of the community’s current support for the acquisition, or identify other important changes to the circumstances that justified the original registration of interest.

I intend to introduce, under sections 37(1) and 98(3) of the 2003 act, a more streamlined form to be used by community bodies for reregistration, which will make the five-yearly reregistration process less onerous while ensuring that community support for the acquisition remains current. We therefore propose to retain the current five-year period, so I ask that Claudia Beamish not move amendment 156.

I move amendment 56.

The Deputy Presiding Officer

I invite Claudia Beamish to speak to amendment 156 and other amendments in the group.

Claudia Beamish

Although I have listened carefully to what the minister has said, I would like to reiterate some points relating to amendment 156 for Parliament to consider.

A version of amendment 156 was initially lodged at stage 2 by Dave Thompson, following discussion with Community Land Scotland. We supported that amendment at the time. It sought to extend the period for which a registration of interest lasts, from the current five years under section 44 of the 2003 act, to 10 years, which was a recommendation from the land reform review group. At the time, the minister argued that after 10 years there would no longer be an indication of the community’s support for the acquisition, and she has highlighted that point again today. There would also be a risk that ministers would be unaware of important changes in circumstances.

Stage 2 amendment 44 was withdrawn, but Michael Russell, who spoke to the amendment in Dave Thompson’s absence, asked the minister to

“consider ... whether that advice from the land reform review group requires further thought.”—[Official Report, Rural Affairs, Climate Change and Environment Committee, 4 March 2015; c 44.]

The minister said that she would happily look again at the amendment, but as I understand it she decided against pursuing the issue through a Government amendment.

As a compromise, and based on the minister’s comments, my amendment 156 seeks to increase the duration of the registration period to seven years. That would simplify the process for community groups. It would be a step in the direction of the land reform review group’s recommendation and it would reduce the burden that community bodies face with reregistration, notwithstanding the fact that the minister has highlighted the streamlining of the reregistration process.

Alex Fergusson

I am afraid that we cannot agree with Claudia Beamish’s amendment 156. Five-year intervals are generally accepted as a standard period—for instance, in the planning process. It seems to me that five years is the right period before reregistration would be required, especially because the process of reregistration is to be considerably simplified as a result of the bill and the regulations that are to come.

Aileen McLeod

On amendment 156, I concur with Alex Fergusson. I consider five years to be a decent period of time within which community support can be demonstrated. Amendment 56 will ensure that community bodies have adequate time to carry out reregistration as smoothly as possible. On that basis, I urge members to support amendment 56.

Amendment 56 agreed to.

Amendment 156 moved—[Claudia Beamish].

The Deputy Presiding Officer

The question is, that amendment 156 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Wilson, John (Central Scotland) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 39, Against 78, Abstentions 0.

Amendment 156 disagreed to.

Section 38—Consent under section 51 of 2003 Act: prescribed information

Amendment 57 moved—[Aileen McLeod]—and agreed to.

Section 39—Representations etc regarding circumstances affecting ballot result

Amendment 58 moved—[Aileen McLeod]—and agreed to.

After section 42

The Deputy Presiding Officer

Group 13 is on notifications relating to applications, appeals et cetera under 2003 act. Amendment 59, in the name of the minister, is grouped with amendments 60, 61, 91, 93 and 94.

Aileen McLeod

Amendments 59 to 61 and 91, 93 and 94 will require the party who is lodging an appeal, referring a question or making an application to the Lands Tribunal for Scotland or the Scottish Land Court to notify the Scottish ministers within seven days of the appeal being lodged, question being referred or application being made. The amendments will also require the Lands Tribunal or Land Court to send a copy of its written decision to ministers—where that is not already done—to ensure that ministers are kept up to date with progress on an application and that any errors in processing an application are avoided.

Amendment 59 relates to an application to the Lands Tribunal in connection with unreasonable failure to transfer title, or delay in transferring title, to the community body following an agreement to purchase land under part 2 of the 2003 act. Amendment 60 relates to appeals to the Lands Tribunal in connection with the valuation of the land on a part 2 application. Amendment 61 relates to appeals to the Land Court in connection with the valuation of the land on a part 3 application. Amendment 91 relates to questions to the Lands Tribunal in connection with a claim for compensation on a part 3A application. Amendment 93 relates to appeals to the Lands Tribunal in connection with the valuation of the land for a part 3A application. Finally, amendment 94 relates to questions to the Lands Tribunal in connection with a part 3A application.

I move amendment 59.

Amendment 59 agreed to.

Section 45A—Appeals to Lands Tribunal as respects valuations of land

Amendment 60 moved—[Aileen McLeod]—and agreed to.

Section 47C—Application: information about rights and interest in land

The Deputy Presiding Officer

Group 14 is on power to modify information required in application for consent under part 3 of 2003 act. Amendment 157, in the name of Sarah Boyack, is the only amendment in the group.

Sarah Boyack (Lothian) (Lab)

My amendment 157 follows discussion with Community Land Scotland. Section 73 of the Land Reform (Scotland) Act 2003 deals with the process of applying to exercise the crofting community right to buy. Section 73(5) specifies certain information that should be included in the application, with reference to maps, where appropriate. Community Land Scotland has highlighted that those requirements remain potentially onerous for a crofting community body.

Amendment 157 would insert a new subsection giving ministers the option to modify the paragraphs in section 73(5) of the 2003 act, should the need arise, in order to address such concerns in regulations. Those regulations could also provide for specific paragraphs in section 73(5) not to apply in such circumstances as ministers may specify.

The proposed provisions give ministers flexibility to act where appropriate. I hope that colleagues will support amendment 157, which I believe is a good and proportionate addition to the bill.

I move amendment 157.

Aileen McLeod

Section 73(5) of the Land Reform (Scotland) Act 2003 requires a crofting community body, as part of its crofting community right-to-buy application, to provide certain information about the land that is the subject of its application. Those requirements were amended at stage 2 of the bill to make them less onerous.

Ministers currently have a power to set out in regulations the kind of information that must be included in or accompany an application, but that power is subject to the minimum requirements set out in section 73(5). If agreed to, amendment 157 will add a provision that will give ministers a regulation-making power, allowing them to amend or repeal the minimum requirements for information that must be included in or accompany the application. That would allow ministers to change or remove the requirements in section 73(5), should it be identified in the future that those requirements are still considered to be too onerous for a crofting community body to comply with.

I support amendment 157.

The Deputy Presiding Officer

Breaking with convention, I will allow Mike Russell to speak.

Michael Russell (Argyll and Bute) (SNP)

Not everybody will be grateful for that, Presiding Officer.

I will make two points, to which amendment 157 draws attention. The first one is the need for flexibility, in all arrangements to do with community purchase, in taking down the barriers to community purchase that exist. I commend the minister for her very practical approach throughout our consideration of the bill. The amendment very sensibly removes barriers that would otherwise deter some communities.

The second point is about the important role that Community Land Scotland and other organisations have played in helping the committee that examined this part of the bill and in helping the Government—having worked closely with it—to understand how important it is that community purchase is encouraged and enabled and that any difficulties that exist in legislation are minimised to the maximum degree.

I am grateful to the minister and to Sarah Boyack for their participation in considering the matter, and I am particularly grateful to Community Land Scotland.

Sarah Boyack

I will press amendment 157. I thank the minister for her helpful approach, and I thank Mike Russell for his support. I hope that all colleagues will feel able to support this useful, if minor, amendment.

The Deputy Presiding Officer

We shall see.

Amendment 157 agreed to.

Section 47J—Land Court: reasons for decision under section 92

Amendment 61 moved—[Aileen McLeod]—and agreed to.

After section 47J

Amendment 62 moved—[Aileen McLeod]—and agreed to.

Section 47K—Meaning of creditor in standard security with right to sell

Amendments 63 and 64 moved—[Aileen McLeod]—and agreed to.

Section 48—Abandoned and neglected land

The Deputy Presiding Officer

Group 15 is on “Eligible land under Part 3A of 2003 Act etc.—general”. Amendment 65, in the name of the minister, is grouped with amendments 158, 68, 159, 69, 161, 164 and 135. I draw members’ attention to the fact that, if amendment 160, which is in group 17, is agreed to, we will be unable to call amendment 161 because of pre-emption.

16:45

Aileen McLeod

Amendment 65 provides a definition of “inland waters” for the purposes of part 3A of the 2003 act.

Amendment 158 provides that a draft statutory instrument containing regulations that set out what land will be treated as eligible land for the purposes of part 3A of the 2003 act must be laid before the Scottish Parliament within 18 months of the bill receiving royal assent. I ask Sarah Boyack not to move amendment 158 because it is intended that consultation will begin with stakeholders on the content of such regulations shortly after completion of the bill’s passage through the Scottish Parliament. Stakeholder engagement is an essential part of that process.

Amendment 68 provides that land on which there is a building or other structure that is a home will no longer be excluded from the right to buy when that home is occupied by a person as a tenant.

I turn to amendment 159. Currently, land that is classed as bona vacantia—that is, ownerless property—and land that falls to the Crown as ultimus haeres, which happens when no living relative can be found to inherit land that belonged to a deceased person, is excluded from the definition of “eligible land”. Such land falls to the Crown through the Queen’s and Lord Treasurer’s Remembrancer. Amendment 159 removes bona vacantia land and land that falls to the Crown as ultimus haeres from the list of excluded land and thereby allows it to be subject to part 3A application.

There are good reasons why bona vacantia and ultimus haeres land is excluded from the definition of “eligible land”. The remembrancer does not to seek to retain land, so she may be unwilling to retain land for a sufficient length of time to allow a part 3A acquisition to be completed. The remembrancer’s overall function is to dispose of such land for the benefit of the public purse. It is not in the remembrancer’s interest to retain land because no disposal income would be generated and she is not resourced to manage such land on an on-going or long-term basis. The remembrancer also seeks to avoid retaining land because of the risks of liabilities arising in relation to it. Given the sources of land that falls to the Crown as bona vacantia, it follows that it can often be in a poor condition and brings with it the risk of future problems, liabilities and expense if the Crown interest in it is not resolved.

In circumstances where land has fallen to the Crown as bona vacantia or ultimus haeres, the community body has the option of contacting the remembrancer with a view to acquiring the land. In such circumstances, there would be no need to rely on the part 3A process. For those reasons, I ask Claudia Beamish not to move amendment 159.

Amendment 69, which is linked to amendment 68, provides ministers with a regulation-making power to set out

“descriptions or classes of occupancy or possession which are, or are to be treated as, a tenancy”

and which will be excluded from the right to buy abandoned, neglected or detrimental land.

Amendment 161 adds any tenant of the land to the list of parties who must be identified in a part 3A application. Tenancies cannot be bought separately from the land under part 3A of the 2003 act. Placing a requirement on the part 3A community body to identify all tenants on the land will ensure that they are fully involved in the community right-to-buy process and gives them the opportunity to contribute to that process, not only as members of the community but as individuals who could be directly impacted by any transfer of ownership. I support amendment 161.

Amendment 164 adds any tenant of the land to the list of parties who must be invited by the Scottish ministers to comment on a part 3A application. That will require the Scottish ministers to identify all tenants of the land. Although section 97G(9)(a)(iii) of the 2003 act already allows ministers to invite written comments on the application from tenants on the land, amendment 164 will introduce a specific obligation to do so. I support amendment 164.

Amendment 135 updates the definition of “inland waters” in part 3 of the 2003 act.

I move amendment 65.

Sarah Boyack

Under new section 97C of the 2003 act, ministers will be required to make regulations setting out what factors they must have regard to when deciding whether, in their opinion, land is eligible under part 3A of that act. The definition of “eligible land” was a key aspect of the Rural Affairs, Climate Change and Environment Committee’s consideration of the bill, and there are a number of amendments still to come on that subject. However, getting the detail of how the eligibility of land is to be judged will be crucial.

I lodged amendments at stage 2 that would have required ministers to consult on the required regulations within a year of royal assent. At the time, I listened to the minister’s assurances that consultation forms a key part of the regulation-making process, which I welcome. However, I am very keen to ensure that questions around how the eligibility of land is to be judged are settled at the earliest opportunity. I am concerned that, with the proposed land reform bill following so closely on the heels of the Community Empowerment (Scotland) Bill, there is a risk that regulations arising from both bills will be bundled together and delayed further down the line.

My amendment 158 would require a draft statutory instrument containing the regulations to be laid before Parliament within 18 months of royal assent. The minister committed in her opening remarks to consultation immediately after the bill is passed. However, can she clarify when she expects the statutory instruments to come into force? It is important that she clarifies that.

I will comment briefly on Alex Fergusson’s amendments 161 and 164. I think that the principle behind the amendments is reasonable, because it is about ensuring that tenants, as well as owners, have a right to comment. However, I would like the minister to clarify what would happen if a community, despite its best endeavours, cannot identify the tenants. Would that potentially knock out or invalidate the community’s application? I am very keen for the minister to clarify in her closing remarks what would happen in that situation.

Claudia Beamish

An amendment similar to amendment 159 was lodged at stage 2 by Sarah Boyack. Amendment 159 concerns the exemption from part 3A of land that is owned or occupied by the Crown by virtue of its having been vested in the Crown as bona vacantia, or of its having fallen to the Crown as ultimus haeres. I do not intend to go into the definitions of those terms, as the minister highlighted them earlier. However, clarification was sought at stage 2 on the need for the exemption when other Crown land is included by virtue of section 100(2) of the 2003 act. There is no similar exemption from the definition of “eligible crofting land” in part 3 of the 2003 act. I hope that the minister will be able to comment on that in her closing remarks.

In her remarks to the committee at stage 2 and again today, the minister provided background on the process for land that is classed as bona vacantia and ultimus haeres. Such land is claimed by the Crown through the Queen’s and Lord Treasurer’s Remembrancer, whose purpose is to seek to realise the value of any land through disposal or disclaimer. The minister has already highlighted that the remembrancer does not seek to retain land and is not resourced to manage land on an on-going basis.

The minister said that in circumstances where land is classified as bona vacantia or ultimus haeres, a community body has the option of contacting the remembrancer with a view to acquiring the land. My concern would be that by specifically excluding such land, community bodies might be put off from showing their potential interest in it. At the same time, including the land as eligible would not prevent the remembrancer from disposing of land as usual unless there was community interest, in which case the benefit to the community must surely carry some weight.

Alex Fergusson

I lodged amendments 161 and 164 to try to ensure that any tenant of a building or structure on land that is subject to a community purchase has the opportunity to give their views formally, having been duly identified in the process. I cannot help but believe that tenants are being discriminated against by the Government in amendments 68 and 69, which appear to create two separate types of homemakers: those who own their homes and those who rent them. If someone owns their home they will not be impacted by a community right to buy, but if they rent their home, they will be—and possibly quite heavily.

There seems to be an unwritten principle in the Government’s amendments 68 and 69 that a community will, per se and of necessity, be a more benevolent landlord than any individual or company. I do not accept that that would always be the case. Amendments 161 and 164 seek to redress some of the imbalance in favour of the tenant. I hope that the Parliament will note that it is the Scottish Conservatives who are standing up for the interests of tenants in relation to the bill.

Aileen McLeod

I will try to take on board some of the points that have been raised. Amendments 68 and 69 ensure that communities are able to fully utilise the right to buy without the risk that land is ineligible due to the fact that it contains areas of land that are occupied by tenants as a home. I clarify that the amendments confer the power to set out the classes of occupancy et cetera that are included in part 3A of the Land Reform (Scotland) Act 2003.

On the points raised by Claudia Beamish and Sarah Boyack, if a community body did not identify a tenant, the application would not be compliant. However, we will ensure that guidance is available to limit the risk of that happening.

On amendment 158, we intend to begin consultation with stakeholders on the proposed content of the instrument shortly after the completion of the bill’s passage through the Scottish Parliament. As I said in my opening remarks, stakeholder engagement is an essential part and parcel of the community right-to-buy process. The draft instrument will be laid before the Scottish Parliament as the parliamentary timetable permits.

Amendment 65 agreed to.

The Deputy Presiding Officer

Group 16 is on eligible land under part 3A of the 2003 act—the use or management of land causing harm. Amendment 66, in the name of the Minister for Environment, Climate Change and Land Reform, is grouped with amendments 67, 67A, 67B, 73, 79 to 81, 86, 86A to 86D, 90, 92, 138 and 146.

Aileen McLeod

The bill, if it is passed, will introduce a new part 3A into the Land Reform (Scotland) Act 2003 that will give communities a right to buy land that is, in the Scottish ministers’ opinion, wholly or mainly abandoned or neglected. Mr Russell lodged an amendment at stage 2 that sought to expand that description to include land that is

“in substantial need of sustainable development”.

Amendments 66 and 67 add provisions to widen the definition of eligible land to include land whose use or management results in or causes harm, which is not negligible harm, to the environmental wellbeing of a relevant community.

Environmental wellbeing is not being defined in the bill as I want it to have a broad meaning for the purposes of part 3A of the 2003 act and not to be restricted to harm that is caused to just the physical condition of the community. Harm to the community’s environmental wellbeing, for example, may affect the amenity of the community. That may include cases where the use or management of the land causes or results in harm to the community such as the detrimental impact that a group of boarded-up shops, unoccupied housing or algae-filled ponds that are becoming health hazards might have on the community’s environmental wellbeing.

Amendments 73, 90 and 92 change the title of the register that is to be set up by the keeper of the registers of Scotland to the “Register of Community Interests in Abandoned, Neglected or Detrimental Land”.

Amendment 79 requires the community body to set out in its application why it considers that the land is being used or managed in such a way as to result in or cause harm to the community’s environmental wellbeing, if that is the basis for the application. Amendment 80 adds a provision to require a community body to include details of any requests that have been made to regulators to take action that could remedy or mitigate the harm. Amendment 81 provides that, where relevant, landowners are invited to give information about whether they consider that the use or management of their land is causing or resulting in harm to the community’s environmental wellbeing.

Amendment 86 provides that, in order to consent to an application, the Scottish ministers must be satisfied, in addition to the existing criteria in section 97H of the 2003 act, that the harm is unlikely to be removed by the current owner if they continue to be the owner of the land. Ministers must also be satisfied that the community body has made a request to any relevant regulators to take action to remedy or mitigate the harm to the community’s environmental wellbeing and that the body’s ownership of the land will be consistent with reducing the harm. Ministers will have the power to set out who the relevant regulators are.

17:00

Amendments 67A and 67B would give a community the right to apply to purchase land when the use or management of the land was resulting in or causing harm to the community’s environmental and social wellbeing. That would introduce a double test in which both conditions had to be met, so it would be more difficult for community bodies to satisfy the test.

Social wellbeing is a broad concept. Defining it separately from environmental wellbeing makes it a distinct consideration. There was not time between stages 2 and 3 to consult fully on whether there is evidence of harm being caused to the social wellbeing of communities as a result of the use or management of land and, if so, what the extent of that is. It would be important to do that before asking the Parliament to confer powers that authorise the compulsory acquisition of land. Therefore, the bill as it is proposed to be amended by the Scottish Government takes matters as far as I consider appropriate at this time.

Amendment 86A would change the criteria that must be satisfied before ministers can consent to an application that relates to the use or management of land that is resulting in or causing harm to a relevant community’s environmental wellbeing so that those criteria applied if the part 3A community body was making an application on the basis that harm was being caused to the relevant community’s environmental and social wellbeing.

Amendment 86B would require that, in order to consent to an application, ministers would have to be satisfied that the exercise of the right to buy by the part 3A community body was compatible with removing or substantially removing the harm to the relevant community’s environmental and social wellbeing. Amendment 86C would amend the definition of a relevant regulator so that a regulator was relevant if it could be considered to be so after having regard to the harm to the relevant community’s environmental and social wellbeing. Amendment 86D would amend the definition of a regulatory function so that a regulatory function was relevant if it could be considered to be so after having regard to the harm to the relevant community’s environmental and social wellbeing.

I appreciate the helpful intention of Sarah Boyack’s amendments, given how hard everyone has worked on the issue to find the right way forward. I am certain that we are all trying to get to the same place, but the question is how we do that in the most effective way. Adding the social wellbeing dimension to the definition narrows the test for what constitutes eligible land from what it would be if amendment 67 were agreed to unamended, because the harm that is caused has to be not only environmental but social. If the harm that is caused is environmental but not social, land will not meet the test, as it would not meet both elements.

Although I am absolutely sure that the intention was not to introduce an additional test for community bodies and that that was not the proposal’s purpose, I ask Sarah Boyack not to press amendments 67A, 67B, 86A and 86B and the consequential amendments 86C and 86D, to ensure that such a test is not introduced. It is also the Scottish Government’s view that those amendments are outwith the Scottish Parliament’s legislative competence, on the basis that they do not provide sufficient foreseeability for landowners.

I reassure members that the definition of environmental wellbeing has a wide meaning and encompasses some social considerations. As I said earlier, we were not able to consult fully on extending the right to buy beyond what I have proposed in the Government amendments in the group. If Parliament were to widen the circumstances in which communities can acquire ownership of land through compulsory purchase, we would want to be clear about the evidence of the harm that the proposals would address and to consult on that to find a proportionate solution.

I give my firm commitment to work with Sarah Boyack and other members of the Rural Affairs, Climate Change and Environment Committee to look at any evidence that the use or management of land results in harm to the social wellbeing of communities, and I will seek to do so at the earliest opportunity.

Amendment 138 provides that the ministerial power that is introduced via amendment 86 will be subject to the affirmative procedure.

Amendment 146 amends the long title of the bill to include abandoned, neglected or detrimental land because of the widening of the definition of eligible land for the purposes of part 3A of the 2003 act.

I move amendment 66.

Sarah Boyack

At stage 2, the Rural Affairs, Climate Change and Environment Committee spent a considerable amount of time debating the definition of abandoned and neglected land for the purposes of part 3A of the 2003 act. Across the committee, there was concern that the terms “abandoned” and “neglected” might be seen as too narrow and might ignore the social, economic and environmental impact on communities. At stage 2, Michael Russell lodged amendments that sought to embed the concept of sustainable development in part 3A.

I still do not fully accept the Scottish Government bill team’s reluctance to include references to sustainable development, because I think that the term is useful. However, the minister has again said that she does not believe it to be sufficiently precise and that she wishes to carry out more consultation on it.

The Scottish Government’s amendment 67 is helpful, and I am grateful to the minister for engaging in discussions with the Rural Affairs, Climate Change and Environment Committee since stage 2. We have had the opportunity to press the Scottish Government on the matter and to ask questions of the minister and her officials. As a result, I understand that the Scottish Government’s preferred approach is to use the term “environmental wellbeing”.

Given that a key purpose of lodging my amendments was to probe what that term means in practice, I listened carefully to the minister’s comments. The wider definition that she has put on the record this afternoon is helpful in making it clear that the term includes social wellbeing. It is important to have it on record that environmental wellbeing is seen in a broader context, that it is not just about physical conditions, that it is important to urban and rural communities and that it is all about the use and management of the land. Crucially, the minister referred to boarded-up shops—which could, of course, mean other boarded-up buildings that have been left vacant for some time—or ponds that are causing harm. It is useful to have those comments on the record. The fact that the term “environmental wellbeing” is seen as covering impacts on human health and social wellbeing is helpful to us in moving forward.

As I have said, my amendments were intended to be probing and, as far as what can be done at stage 3 is concerned, I think that I have received the exact result that I was after. I welcome the minister’s comments, and I will not move my amendments in the group.

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

When I looked on Google for definitions of the word “environment”, I found two related ones:

“the surroundings or conditions in which a person, animal, or plant lives or operates”

and

“the natural world, as a whole or in a particular geographical area, especially as affected by human activity”.

It is therefore entirely possible for the term “environmental” to encapsulate human communities and individuals. As far as I can see, “environmental wellbeing” as proposed by the minister fits that bill; after all, environmental harm can include harm to all of those mentioned in the definitions to which I referred. Given that the social aspect is included in the term “environmental”, there is no need to delineate it, as has been argued.

Landlords across Scotland behave in ways that advantage or disadvantage the environment and communities, and communities deserve the right to access parcels of land in order to give their future a fair chance. The use of the term “environmental” in this sense provides a circular context in which the social aspect includes us and the land, which I find very satisfactory. However, although I am glad to hear that the minister accepts that approach, I wonder whether the courts will accept that definition of “environmental”. We await an answer to that question once the bill, if it is passed, is tested in the courts, as it will be.

Alex Fergusson

Our stated public position on the right to buy has always been that we would not support such a concept in the absence of a willing seller. However, as a result of a combination of constituency experience and evidence to the Rural Affairs, Climate Change and Environment Committee, we accept that there are situations where in extremis such a right would be merited. I hope that that shift in position is recognised for what it is.

However, I also have great sympathy with the Law Society’s view that an urban/rural split would have been welcome in relation to section 48. We would have supported the measure had it applied only to wholly abandoned or neglected land; I believe that such a definition would have been clear in law and would have been seen as a black and white issue in the event of the bill coming into force.

I commend the minister for her efforts to secure agreement from the members of the Rural Affairs, Climate Change and Environment Committee, but I am sorry to say that we cannot support the measure, for the simple reason that we believe that her expanded definition of eligible land does not make things black and white.

Michael Russell

The measure lies at the heart of the community right to buy part of the bill. It is about public benefit, not just private ownership and, as Sarah Boyack knows, I have the greatest sympathy with her approach. That sympathy is almost unanimous across the committee, although clearly not entirely, given what Alex Fergusson said. There was a view that the measure as originally drafted was not adequate to meet the tests that would—and indeed will—be laid on it by the courts.

The issue of abandoned and neglected land goes to the heart of what we are trying to change in Scotland, and it may certainly bridge the rural and the urban. There are many places where abandoned and neglected buildings in cities and towns would be ripe for community ownership and being properly used by communities, just as abandoned and neglected areas of land throughout rural Scotland need to be used productively. How land is used as a common asset should be the issue that drives us forward. That is about opportunity and aspiration.

It has been difficult to find the right way to define the issue. It should be easy to define sustainable development legally. The term has been used in legal judgments, yet there is a reluctance to believe that it has a meaning and a strength that could carry it forward in every court case, particularly in issues of European competence.

Something had to be found, and I commend the minister for the work that she and her officials have done to try to find a proper meaning. The issues of environmental wellbeing and environmental harm at least start us on the road of placing in legislation, as well as in legal and public understanding, the fact that land can be left in a bad condition under private and public ownership—this is not just about private ownership—and dealing with how communities can be empowered to move forward.

I am glad that the minister has shown herself to be flexible, and I am grateful to Sarah Boyack for acknowledging that. Now we must see the provisions tested in the aspirations of communities. If the bill withstands those tests as a result of the amendments, we will have done a good thing for communities. If it does not withstand those tests, we must return to the issue to strengthen the opportunity for Scotland’s communities to use the asset that is all around them but to which they sometimes cannot even get close.

Aileen McLeod

I am very conscious of the time, so I will keep my response as short as I can. I appreciate the comments from across the chamber. I firmly believe that amendments 67 and 86 are an important step in the right direction for increasing community ownership, and I ask all members to support them.

The Deputy Presiding Officer

Many thanks—that was brief.

The question is, that amendment 66 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

The Deputy Presiding Officer

The result of the division is: For 102, Against 14, Abstentions 0.

Amendment 66 agreed to.

17:15

Amendment 67 moved—[Aileen McLeod].

Amendments 67A and 67B not moved.

The Deputy Presiding Officer

The question is, that amendment 67 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

The Deputy Presiding Officer

The result of the division is: For 101, Against 14, Abstentions 0.

Amendment 67 agreed to.

Amendment 158 moved—[Sarah Boyack].

The Deputy Presiding Officer

The question is, that amendment 158 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Davidson, Ruth (Glasgow) (Con)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Findlay, Neil (Lothian) (Lab)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alex (North East Scotland) (Con)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McGrigor, Jamie (Highlands and Islands) (Con)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Milne, Nanette (North East Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 47, Against 68, Abstentions 0.

Amendment 158 not agreed to.

Amendment 68 moved—[Aileen McLeod].

The Deputy Presiding Officer

The question is, that amendment 68 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

The Deputy Presiding Officer

The result of the division is: For 103, Against 14, Abstentions 0.

Amendment 68 agreed to.

Amendment 159 moved—[Claudia Beamish].

The Deputy Presiding Officer

The question is, that amendment 159 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rowley, Alex (Cowdenbeath) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Wilson, John (Central Scotland) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, Tavish (Shetland Islands) (LD)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 34, Against 82, Abstentions 0.

Amendment 159 not agreed to.

Amendments 69 to 78 moved—[Aileen McLeod]—and agreed to.

The Deputy Presiding Officer

Group 17 is on application for consent under part 3A of 2003 act—identification of owner of land. Amendment 160, in the name of Sarah Boyack, is grouped with amendments 162, 163 and 166. If amendment 160 is agreed to, I cannot call amendment 161, which was debated in group 15.

Sarah Boyack

Under the provisions in part 3, ministers must refuse consent unless they are satisfied that the owner of the land is accurately identified in the application. When we discussed the matter with Community Land Scotland, concern was highlighted that that sets a high bar for community bodies, given the complex process of determining ownership.

At stage 2, I lodged amendments that would give ministers flexibility when a community body could demonstrate that it had exercised all reasonable diligence in seeking to identify the owner. I listened carefully to the minister’s concerns that to allow a sale without an identified owner would deny that owner the right to respond to the application. I understand that the Scottish Government would prefer to complete the land register to make it easier for owners to be identified, but I am conscious that that is a long-term ambition, so my amendment 160 seeks to return to the subject.

In light of the minister’s comments at stage 2, amendment 160 focuses on the application stage rather than on ministerial consent. It would allow a community body in applying for consent to either specify the owner or provide details of the steps that it had taken to identify the owner. When an owner cannot be identified, the community body could ask ministers to undertake the task on its behalf.

Amendments 162 and 163 are consequential and reflect the change made by amendment 161 in relation to the requirement for a community body to send a copy of the application to the owner and for ministers to invite comments from the owner.

Amendment 166, which is also consequential, returns to the criteria for consent in relation to the identification of the owner. When the Rural Affairs, Climate Change and Environment Committee was in Orkney at the weekend, a member of the public raised the problem of identifying the owner of land, so it is a real issue for people. Until we have a complete register, there will be cases in which it is difficult to identify the owner. My amendments aim to address that problem, and I hope that they will be supported.

I move amendment 160.

Aileen McLeod

I will keep this short. I firmly believe that amendment 160 should be withdrawn. It is the responsibility of the part 3A community body that wishes to purchase the land to take steps to identify the correct landowner. Community bodies can be reassured that guidance will be provided, suggesting steps that the community bodies should take, if appropriate, when identifying the owner of the land.

Amendment 160 does not provide that there will be prescribed steps that the part 3A community body must take to trace the landowner. Without minimum requirements, it could place a considerable burden on ministers to take action to identify landowners on behalf of part 3A community bodies. I understand and appreciate the need to ensure that there is transparency, and we are committed to improving the transparency of land ownership in Scotland by working towards a target to complete the land register for the whole of Scotland within 10 years, with registration of all public sector land within five years. I therefore urge Sarah Boyack to withdraw amendment 160, and ask her not to move amendments 162, 163 and 166.

Sarah Boyack

Ten years is a long time if we want to get going with opening up opportunities. There are still places in Scotland where ownership is not clear, where it is hidden and where people avoid saying who owns land or property. The issue is important and I press my amendment.

The Deputy Presiding Officer

The question is, that amendment 160 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Wilson, John (Central Scotland) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 37, Against 65, Abstentions 0.

Amendment 160 disagreed to.

Amendment 161 moved—[Alex Fergusson]—and agreed to.

Amendments 79 and 80 moved—[Aileen McLeod]—and agreed to.

Amendment 162 moved—[Sarah Boyack].

The Deputy Presiding Officer

The question is, that amendment 162 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Wilson, John (Central Scotland) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 39, Against 78, Abstentions 0.

Amendment 162 disagreed to.

Amendment 163 not moved.

Amendment 164 moved—[Alex Fergusson]—and agreed to.

Amendment 81 moved—[Aileen McLeod]—and agreed to.

The Deputy Presiding Officer

Group 18 is on power to prescribe how proposal for land or previous attempts to buy must be demonstrated. Amendment 165, in the name of Claudia Beamish, is grouped with amendment 167.

I can advise the Parliament that we have now caught up with our time and would not wish to curtail debate.

Claudia Beamish

Good news for all, no doubt.

Amendment 165 concerns the new section 97G and deals with the process of applying to exercise the right to buy land under part 3A of the 2003 act. Subsection (10)(d) of section 97G requires ministers to invite views from the landowner, creditors and others about any proposals that the owner has for the land. My amendment seeks to relieve concerns that, in order to avoid a community right to buy, an owner could create spurious proposals for the development of land.

Amendment 165 would give ministers the option of prescribing what would constitute a proposal for land, what evidence would need to be provided to demonstrate that a proposal exists and other information that ministers deem appropriate. Such an approach would give guidance to owners and clarity to communities.

I move amendment 165.

Sarah Boyack

Amendment 167 concerns new section 97H, which sets out the matters in relation to which ministers must be satisfied before consenting to a part 3A community right to buy. Subsection 1(j) of that section requires ministers to be satisfied that the community body has tried and failed to buy the land by means other than a right to buy. That is in recognition of the policy intention that was indicated by the minister at stage 2 that the part 3A right to buy should be used only as a last resort.

Amendment 167 seeks to provide clarity to community bodies to help them to understand what would constitute trying and failing to buy the land. They would be considered to have satisfied the requirement if they provided ministers with evidence in a prescribed form to demonstrate that they had taken certain actions to try to buy the land.

17:30

Alex Fergusson

Again, I am afraid that we cannot support the amendments on the grounds that we are concerned that they would give even more powers to ministers through conferring on them an ability that is overly prescriptive to decree what constitutes an effort to buy or sell land, or indeed to decree what constitutes a proposal for the land in question. If there are genuine concerns about those issues, it is not Scottish ministers who should determine them but some other organisation.

Aileen McLeod

With regard to amendments 165 and 167, I do not consider it necessary or desirable to provide in regulations what information a landowner should provide in connection with any proposals that he may have for the land, or what steps a community body should take or what evidence it should provide when it tries to buy the land. Prescribed actions may not be relevant and prescribed steps may not be possible in all circumstances. They could cause difficulties to community bodies or landowners if they are unable to comply with certain prescribed requirements.

A community body would be expected to provide all information and evidence that it considers is necessary, appropriate or relevant to attempts that it made to buy the land. It would then be for ministers to be satisfied that the community body had provided sufficient information to demonstrate that it had tried and failed to buy the land. Similarly, a landowner would be expected to provide all information and evidence that they consider is necessary, appropriate or relevant in relation to proposals that they have for the land.

For those reasons, I urge Claudia Beamish to withdraw amendment 165 and Sarah Boyack not to move amendment 167.

Claudia Beamish

I am not convinced by the minister’s arguments in this particular case. I press amendment 165.

The Deputy Presiding Officer (Elaine Smith)

The question is, that amendment 165 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Wilson, John (Central Scotland) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 40, Against 79, Abstentions 0.

Amendment 165 disagreed to.

Amendment 166 moved—[Sarah Boyack].

The Deputy Presiding Officer

The question is, that amendment 166 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Wilson, John (Central Scotland) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 39, Against 79, Abstentions 0.

Amendment 166 disagreed to.

Amendments 82 to 85 moved—[Aileen McLeod]—and agreed to.

Amendment 86 moved—[Aileen McLeod].

Amendments 86A to 86D not moved.

Amendment 86 agreed to.

Amendment 87 moved—[Aileen McLeod]—and agreed to.

Amendment 167 moved—[Sarah Boyack].

The Deputy Presiding Officer

The question is, that amendment 167 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Wilson, John (Central Scotland) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 38, Against 78, Abstentions 0.

Amendment 167 disagreed to.

Amendments 88 to 94 moved—[Aileen McLeod]—and agreed to.

After section 48

The Deputy Presiding Officer

Group 19 is on mediation in relation to rights under parts 2, 3 and 3A of the Land Reform (Scotland) Act 2003. Amendment 95, in the name of the Minister for Environment, Climate Change and Land Reform, is grouped with amendment 143.

Aileen McLeod

Amendment 95 is introduced following the lodging of an amendment by Graeme Dey at stage 2, which was agreed to. The amendment inserted provisions relating to ministers’ facilitation of mediation in relation to parts 2, 3 and new part 3A of the 2003 act.

Amendment 95 replaces those provisions with new mediation provisions that achieve the same policy intention. The new powers are for ministers, upon a request by certain persons—including owners of land and community bodies—to take such steps as they consider appropriate for the purposes of arranging, or facilitating the arrangement of, mediation in relation to a proposed registration of an interest in land under part 2 or exercise of the right to buy under parts 2, 3 and new 3A.

The new provisions clarify that the power of ministers to facilitate mediation includes the power to appoint a mediator and to make payments to mediators either for payment of services or for reimbursement of expenses.

Amendment 143 removes paragraph 2(5)(aa) of schedule 4 to the bill, which amendment 95 replaces.

I move amendment 95.

Claudia Beamish

I support amendment 95 and stress the importance from my party’s perspective of the mediation and payment arrangements.

The Deputy Presiding Officer

I just want to check whether I saw Graeme Dey indicating that he wished to contribute.

Graeme Dey (Angus South) (SNP)

No.

Aileen McLeod

I thank Graeme Dey for lodging amendments on mediation at stage 2. The amendments ensure that mediation can be used by all parties at all relevant steps in the right-to-buy process. I ask that members support the amendments. I also thank Claudia Beamish for the support that she expressed.

Amendment 95 agreed to.

Section 56—Agreement to asset transfer request

The Deputy Presiding Officer

Group 20 is on asset transfer requests—appeals, reviews and prohibition on disposal of land. Amendment 96, in the name of the Minister for Local Government and Community Empowerment, is grouped with amendments 97 to 99, 13 to 15, 100, 16, 172, 17, 18 and 20.

Marco Biagi

It is good to be back.

The Government amendments in group 20 fall into four sets. Amendments 96 and 100 provide for a community transfer body to appeal to the Scottish ministers if it has been unable to conclude a contract with the relevant authority within a specified period after an asset transfer request has been agreed. At stage 2 the committee agreed to an amendment from Cameron Buchanan, which I also supported, to introduce an appeal in such circumstances. These amendments seek to implement that intention more effectively. Rather than relying on the existing appeal process, which would return the process to an earlier stage, they set out a new appeal specifically for that purpose.

Amendments 97 to 99 will ensure that a relevant authority cannot sell or lease a property to someone else while an asset transfer request is in progress.

Amendment 16 will ensure that a community transfer body cannot make an offer in relation to an asset transfer request and at the same time appeal or seek a review in relation to a decision about a request.

Amendments 13 to 15, 17, 18 and 20 are technical amendments that clarify references to certain sections where they are applied and modified by other sections.

Amendment 172, in the name of Cameron Buchanan, would mean that, if a relevant authority declines to consider a repeated request, as it is entitled to do under section 61, that request would become subject to appeal or review. That would make a nonsense of the whole section, which is important in order to give relevant authorities the scope to decline repeated or vexatious requests in limited circumstances without the risk of further appeal. I ask Cameron Buchanan not to move amendment 172.

I move amendment 96.

Cameron Buchanan

I agree with all the other amendments in the group.

Amendment 172 seeks to remove the word “not” from section 61(3) so that a refusal of an asset transfer request due to there having been a similar previous request can be reviewed or appealed. Without a right of appeal or review, community transfer bodies could be excluded from participation unfairly.

I make it clear that I am not making any assumptions—I am interested only in ensuring that communities are protected from unfair exclusion. The ability to instantly refuse participation should therefore not be used unless it is very clear that it is a repeated request; a right of appeal or review will ensure that the relevant authorities adhere to that.

On that basis, we also consider that amendments 17 and 18 raise concerns because they extend the Government’s position that the refusal of an asset transfer request due to there having been a similar previous request may not be appealed or reviewed. We think that a community transfer body should have a right of appeal under section 58 or a review under section 59 as that would ensure fair participation without allowing repeated challenges to an authority’s decision.

Malcolm Chisholm

I welcome the amendments. As the minister knows, there is great interest in my constituency in the transfer of land. However, I still cannot see any reference to ALEOs in the bill, so perhaps the minister can confirm that all the provisions will apply to ALEOs as well as to local authorities.

Notwithstanding the progress that has been made and the right of appeal, there is concern that amendment 99 suggests that, if the land has been advertised as being for sale before the application has been made, it can still be disposed of. Therefore, I have some concerns about that amendment, although I might not have totally understood it. However, in general, I welcome the amendments in the group.

17:45

Marco Biagi

To respond to Cameron Buchanan’s point, which is the crux of the matter, it is important that there is an appeals process, but any transfer request that has been made in the past two years could have been subject to that process the first time round. The amendments are intended to prevent a body that has made an asset transfer request, been refused, appealed and been refused on appeal from coming back and triggering the appeals process for a second time. If a request has been through the process already, it is important to have a cooling-off period of two years that enables persistent and repeated requests that might already have been through the appeals process to be declined. I hope that Cameron Buchanan will not move his amendment.

Amendment 96 agreed to.

Section 57—Prohibition on disposal of land

Amendments 97 to 99 moved—[Marco Biagi]—and agreed to.

Section 59—Review by local authority

Amendment 13 moved—[Marco Biagi]—and agreed to.

Section 59B—Appeals from reviews under section 59

Amendment 14 moved—[Marco Biagi]—and agreed to.

Section 59C—Decisions by relevant authority specified under section 58(2)(c): reviews

Amendment 15 moved—[Marco Biagi]—and agreed to.

After section 59C

Amendments 100 and 16 moved—[Marco Biagi]—and agreed to.

Section 61—Power to decline certain asset transfer requests

Amendment 172 moved—[Cameron Buchanan].

The Deputy Presiding Officer

The question is, that amendment 172 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Davidson, Ruth (Glasgow) (Con)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Findlay, Neil (Lothian) (Lab)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Johnstone, Alex (North East Scotland) (Con)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McGrigor, Jamie (Highlands and Islands) (Con)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rowley, Alex (Cowdenbeath) (Lab)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Drew (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 47, Against 72, Abstentions 0.

Amendment 172 disagreed to.

The Deputy Presiding Officer

Does any member object to a single question being put on amendments 17 to 20?

Members: Yes.

The Deputy Presiding Officer

As some members have objected, I will put the questions on the amendments individually.

Amendment 17 moved—[Marco Biagi].

The Deputy Presiding Officer

The question is, that amendment 17 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dugdale, Kezia (Lothian) (Lab)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Davidson, Ruth (Glasgow) (Con)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
McGrigor, Jamie (Highlands and Islands) (Con)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 101, Against 17, Abstentions 0.

Amendment 17 agreed to.

Amendment 18 moved—[Marco Biagi].

The Deputy Presiding Officer

The question is, that amendment 18 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dugdale, Kezia (Lothian) (Lab)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Davidson, Ruth (Glasgow) (Con)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
McGrigor, Jamie (Highlands and Islands) (Con)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 103, Against 16, Abstentions 0.

Amendment 18 agreed to.

Section 61B—Annual reports

Amendments 19 and 20 moved—[Marco Biagi]—and agreed to.

After section 62A

The Deputy Presiding Officer

Group 21 is on supporters’ involvement in football clubs. Amendment 174, in the name of the Minister for Sport, Health Improvement and Mental Health, is grouped with amendments 174A, 174B, 174C, 175, 176, 176A, 177 to 199, 215 and 217.

The Minister for Sport, Health Improvement and Mental Health (Jamie Hepburn)

I thank Alison Johnstone for her work on this issue and for starting an important debate on fan involvement and ownership of football clubs. Football plays a huge part in the lives of thousands of people across every community in Scotland and it is good to have this debate.

Scottish football has experienced more than its fair share of challenges, with many high-profile clubs changing owners and experiencing financial difficulties. That in itself is not unusual for a commercial organisation. However, given that so many clubs are firmly embedded in their local community and given the emotional investment that supporters have in their clubs, there can be a disproportionate impact if a club has to be wound up, so it is important that long-term sustainability is at the centre of each club’s decision making. That is why the Scottish Government believes that supporters should have a greater role in the life of their club.

The amendments made to the bill at stage 2 would see significant changes to how clubs would be required to operate in Scotland. I have set out the Government’s support for greater supporter involvement: we are very supportive of the sentiment behind Alison Johnstone’s stage 2 amendments. However, the Scottish Government has a number of concerns about those amendments in terms of how they could operate and, more importantly, their potential for unintended consequences. I am also concerned that there has not been an extensive consultation on the proposals to capture the full range of views on the issue.

Therefore, I have been in active discussions with all Opposition spokespersons on the issue to explain my reservations and concerns but also—and more importantly—to explore how best we can move forward. I place on record my thanks to them, particularly Alison Johnstone, who lodged the amendments at stage 2.

Although I believe that there is broad agreement here that we need to do more, it would be wrong to claim that we have the answer without first consulting fully. That is why I intend to launch a comprehensive consultation on this issue and why I shared a draft of the consultation document with Opposition spokespersons last week, lodged a copy in the Scottish Parliament information centre yesterday, and brought the consultation to the attention of all members through the office of the Minister for Parliamentary Business. I thank Opposition spokespersons for their time in helping me formulate the draft consultation, as well as the supporters organisations that my officials contacted to discuss the matter with.

I trust that the draft consultation demonstrates that the Government is open to the principle of bringing forward regulations that will protect supporters’ rights. I hope that sharing an early draft of the consultation has helped members to understand the context of the Scottish Government amendments, which will provide for a framework for the introduction of the full range of options that are being consulted on—namely, a right to buy, a right to bid, a right to govern or a right to be involved.

Alison Johnstone has lodged a number of amendments to the Government amendments. In summary, although it might be felt that they are reasonable for the specific system that we might create through the power, I believe that they prejudge the consultation, which is why we will not support them. However, I can confirm that the specific provisions in Alison Johnstone’s amendments have influenced the draft consultation. As I referred to, we will seek views on those areas to inform our regulations. I genuinely believe that it is important to have the consultation first before determining the specifics of the regulations. On that basis, I urge Alison Johnstone not to move her amendments.

As I hope members will be aware, our approach to developing the amendments and the consultation has been guided by helpful cross-party engagement and our aim not to pre-empt the consultation. The Parliament has my commitment that I intend to continue to work with all members who might be interested in the issue. I look to their support in ensuring that, whatever legislative solution is developed, it protects the rights of fans, is workable and is not detrimental to Scottish football.

I move amendment 174.

The Deputy Presiding Officer

I call Alison Johnstone to move amendment 174A and to speak to all the amendments in the group.

Alison Johnstone (Lothian) (Green)

The bill that Parliament is considering is designed to give power to communities across Scotland. It is not the first word on that and nor will it be the final word, but it is an important step on the journey.

As members will know, since the proposals for the bill were published, I have sought to have football fans recognised as important communities and to have football clubs recognised as important community assets. I am therefore pleased to have persuaded the Scottish Government to include in its amendments the powers to bring in a fans’ right to buy their clubs. In a spirit of consensus, I will support those amendments today, even though they will also delete my more detailed right-to-buy proposals that the Local Government and Regeneration Committee approved unanimously at stage 2.

We know that a fans’ right to buy is popular. It was backed by more than 80 per cent of the Scottish fans and members of Scottish organisations who responded to our consultation earlier this year, and more than 75 per cent of the Scottish public backed the idea when we polled last year. Of course, some owners are against it, just as some landowners oppose land reform, but other owners want a flexible and sustainable exit strategy, and the measures give them the reassurance that they need that their clubs will not fall into the hands of irresponsible owners in future.

I support the Scottish ministers’ proposal to conduct a further round of consultation on the issue, although I should say that the draft text of the consultation as circulated by ministers could be paraphrased as, “Here’s a terrible idea, don’t you think?” I urge ministers to produce a more neutral and informative final document.

With regard to the four amendments that I have lodged today, I apologise to Parliament that they had to be lodged in extra time—sorry—but the timing of the Government’s amendments left me no choice. They may seem modest refinements of the ministers’ proposals, but they cover four important issues that the Scottish Government’s approach does not resolve.

My amendments 174B and 176A would provide important protections for fans and owners. Amendment 174B would ensure that any fans group wishing to exercise a right to buy would have to be open to all supporters, affordable and democratic. Such protections can likely be introduced in regulations, but my amendment would put the protection in the bill. Amendment 176A would explicitly require any fans’ right to buy to be offset by an owners’ right of appeal. That is an important safeguard for owners without which a right to buy would be open to challenge under the European convention on human rights. Again, that protection for current owners can be brought in under regulations, but in my view it is important enough to be in the bill.

Amendment 174A concerns funding for fan buyouts. There is no provision in the Scottish Government’s amendments that would permit grants or loans to support buyouts. We know from trusts across the country, large and small, that that is frequently the hurdle to a fan buyout, just as it has been with land reform. The Foundation of Hearts fan bid would have gone nowhere without a loan from Ann Budge. Amendment 174A would allow ministers to play the same role, if they were satisfied that there was a good business model and a public interest in supporting it. A few tens of thousands of pounds might make the difference between a wee club surviving and folding—with all the economic and social impacts that that has on a community.

Amendment 174C sets a timescale for making regulations. I would be grateful if the minister could say when he will decide whether he plans to use the powers that Parliament is likely to give the Government today. This is not a request to prejudge the consultation. Ministers will be free at the end of the process to retain what is in my view a failing status quo, but those who fill in the consultation over the summer should know when they can expect to hear back from the Government. With a clear commitment of that sort from the minister, I will not move amendment 174C.

I urge members to vote for all the substantive amendments on this issue, both those in my name and those in the name of the minister.

I move amendment 174A.

18:00

The Deputy Presiding Officer

I invite Nigel Don, on behalf of the Delegated Powers and Law Reform Committee, to speak to amendment 180 and other amendments in the group.

Nigel Don (Angus North and Mearns) (SNP)

At its meeting of 9 June, the Delegated Powers and Law Reform Committee considered the bill as amended at stage 2. It agreed to call on the Scottish Government to amend the bill at stage 3 in order to ensure that the powers in sections 62E, 62F, 62I, 62K and 62P were fully cast as powers to make subordinate legislation subject to the negative procedure and to clarify, by defining the terms “prescribe” and “prescribed” or by such other means as it considered appropriate, whom the powers were conferred upon and what form the subordinate legislation made in their exercise was intended to take.

In the event that the Government’s stage 3 amendments did not cover that recommendation, the committee authorised the deputy convener and me to lodge suitable amendments. As the Government did not lodge such amendments, I have, on behalf of the committee, lodged amendments 180, 182, 186, 189 and 195 in order to give effect to the committee’s recommendations.

I appreciate that the Scottish Government has lodged amendments that remove the sections to which my amendments relate and that it has provided for a new approach to the issue of supporter ownership and supporter involvement in football clubs. I further appreciate from what we have heard so far that it seems likely that that new approach will prevail and that, therefore, the issue to which the amendments respond will no longer be relevant. With that in mind, I should say that I do not expect to move the amendments when I am invited to do so.

Nonetheless, it is the role of the Delegated Powers and Law Reform Committee to provide a check on the delegated powers in the bill as amended at stage 2, not to pre-suppose what might happen at stage 3. It is with that principle in mind that the committee agreed to lodge the amendments, and it is with that principle in mind that we will continue to apply close scrutiny to delegated powers in bills as amended, ensuring that those powers are appropriately drawn, justified and subject to sufficient levels of scrutiny.

Ken Macintosh

One of the most encouraging developments at stage 2 was the opportunity that Alison Johnstone spotted to introduce her proposals on the right of football supporters to buy their local club. That has been Labour Party policy for many years—

Members: Ah!

Ken Macintosh

Oh, yes. I was absolutely delighted that the committee unanimously supported—[Interruption.]

The Minister for Transport and Islands (Derek Mackay)

They are catching up.

The Deputy Presiding Officer

Order.

Ken Macintosh

I think it was also Scottish National Party policy.

I was absolutely delighted that the committee unanimously supported the stage 2 amendments on this matter, despite the minister’s obvious misgivings about them. Since that stage, the Government has made it clear that, although it accepted the principle of the right to buy, it wished to go down a different route and to consult first with the football community before publishing secondary legislation.

It has only been with some reluctance, and solely in the interests of achieving consensual cross-party agreement, that my Labour colleagues and I, along with the Greens and the other parties, have accepted the position, but we will absolutely be supporting the Government’s amendments in this group.

The Government amendments were lodged quite late, however, hence the subsequent amendments from Alison Johnstone. I do not believe that there is anything in the four amendments that Alison Johnstone has lodged that anyone could object to—certainly not insisting on a right of appeal for owners, nor, I suggest, ensuring that supporters organisations should be open and democratic.

On the matter of timing, I think that we are all looking for some indication from the minister as to when the replacement regulations will be made. On funding, the proposed measures are not a request for public money to support professional football. We would not support such a request. They are simply asking for the power for ministers to award grants—in fact, it is so that they may consult on the power to award grants—just as they might often exercise the power to award small grants to any local organisation so as to improve its capacity to make a difference in its community.

We urge ministers and all members to vote for all the amendments in this group.

Liz Smith (Mid Scotland and Fife) (Con)

I thank the Minister for Sport, Health Improvement and Mental Health, Jamie Hepburn, and Alison Johnstone for their helpful engagement before today’s stage 3 on what is a complex part of the bill.

I think that the vast majority of people recognise Alison Johnstone’s good intentions and her attempts to provide a community-based approach to football. In particular, her attempt to provide football fans with transparent, democratic and accountable processes to underpin the organisation of football in this country are laudable, as is the attempt to ensure that there is much better communication between football supporters and club management.

Let us be honest: football has not been in a good place in recent years, with many supporters being disillusioned and angry about the complete disconnect in many clubs between supporters, players and management in its various guises. That is not good for the game, so it is absolutely right to address the concerns.

That said, there are considerable complexities in part 5B of the bill, several of them in a legal context, and the Scottish Conservatives’ view is that Alison Johnstone’s amendments 174A, 174B, 174C and 176A could have some unintended consequences that could have a serious effect on the long-term sustainability of some clubs. Specifically, there remain some technical difficulties when it comes to defining “football supporters” and “football clubs”, and the latter clearly has legal implications, mainly because it is difficult to define specific assets and liabilities.

The Scottish Government’s deliberations over the right to influence, to govern and to bid and the right to buy make clear the complexities and the need for further consultation on the likely legal implications. They also make clear the concerns about finance, particularly at a time of considerable volatility within financial markets. The Morrow working group was specific in advising that it is not the Scottish Government’s responsibility to provide financial support, and clubs are rightly questioning where they might turn to for that support in future.

It is fair to say that few supporters want control over the day-to-day running of their club. What supporters want is better communication, greater transparency and more accountability when it comes to decision making, but that has to be in a context where we are 100 per cent sure of the legal implications. That is why we will support the Scottish Government’s amendments in the group and reject those that have been lodged by Alison Johnstone.

Jamie Hepburn

I thank Nigel Don for his amendments and his remarks. I think that he covered this, but he will appreciate why the Government did not lodge the amendments that his committee called for. We have taken a different approach.

I hope that I can provide Alison Johnstone with a degree of reassurance. The Government is committed to bringing forward legislation, using regulations, on this important issue. However, it is important that we consult fully on the issue before we do that. As Liz Smith rightly said, there has been talk about unintended consequences, and we want to make sure that there are none. That is why we want to have a full consultation.

As I said earlier, I have provided the draft consultation document to all members. It was issued to the Opposition spokespersons last week. I encourage all members to feed in their views before it is launched imminently. We want to undertake the exercise as soon as possible, but there is still time for members to feed into the process.

In that regard, I say to Alison Johnstone that it is certainly not the Government’s intention to suggest that we are against the principles in the consultation or to guide the outcome. If she has specific concerns, I remain happy to speak to her about the issue.

I do not object in any way to the broad thrust of the principles of Alison Johnstone’s amendments. I just genuinely believe that it is important that we have a full consultation first, before we determine the specifics of any mechanism that we might bring forward. In that regard, notwithstanding the concerns that have been expressed about the consultation, there are a number of questions that relate directly to Alison Johnstone’s amendments. Question 5 is about the definition of “assets” in the context of a football club; question 6 is about how to define “football supporters” and “supporter groups”; question 8 is about raising the necessary funds; and question 10 asks for views on rights of appeal. We will therefore take further evidence on the specifics of the amendments before determining the most appropriate way forward.

I appreciate the calls for a timeline for using the amendments’ proposed powers, but it is important that we take the time necessary to ensure that any regulations are effective and do not have unintended consequences. It is important that we do not come up with a substandard mechanism, so the process might take a little time.

I understand the desire for the Scottish Government to be clear on its use of the powers. We have set out our intention to consult and we are serious, as I said at the outset, about our use of the powers, but it is not clear yet how we will use them. The consultation will address that, and options that arise from the consultation might take longer than others to act on. However, depending on the complexity of the option identified through the consultation, we would intend to bring forward the regulations in two or three years’ time—

Alison Johnstone

Will the minister give way?

Jamie Hepburn

Of course.

Alison Johnstone

I whole-heartedly appreciate the minister’s comments, particularly on the need to ensure that the consultation is thorough and appropriate. He said that that may take a little time, but could he be a little more specific?

Jamie Hepburn

I am sorry, but the member intervened at the wrong time because I was literally just saying that our intention is that it will take two to three years, depending on the complexity of the regulations that we bring forward. We want to bring them forward as quickly as possible, but we intend to operate on that broad timescale. On that basis, I hope that members can support our approach, which is one that we think is open and participative, and which will allow us—we hope—the best-informed regulations at the end of the day.

I thank Alison Johnstone for raising the issue and working with me on it. I urge members to support our amendments.

The Deputy Presiding Officer

I ask Alison Johnstone to wind up on amendment 174A and to indicate whether she intends to press or withdraw it.

Alison Johnstone

This has been a useful debate. I thank in particular Ken Macintosh and Tavish Scott for their support throughout the process. I also welcome the minister’s decision to accept that powers to introduce a fans’ right to buy should go into the bill.

There has been wide-ranging support for the principle. Liz Smith might be interested to know that even David Cameron noted, in response to a colleague at Westminster, that football clubs do sometimes find themselves in financial difficulty and that fan ownership would be a very positive move. There is growing support for the principle.

Fan ownership is a landmark proposal for Scottish football, which has seen club after club fall into administration or even disappear altogether. Fan ownership will not be for every club; we are talking about a mixed model, with potential flexibility. [Interruption.]

The Deputy Presiding Officer

Order, please. There are members in the chamber who wish to hear this speech.

Alison Johnstone

However, during our consultation we were told that even those fans who are happy with how their clubs are run now want to know that the right to fan ownership is there for the future, just in case.

The existing culture of football, where a small group of rich men can simply exclude all fans from decisions affecting their clubs, has to end. For too long, fans have stood on the touchline, or perhaps have even been sent to the stands, while their club is sent to the wall. It is also not enough for fans to be brought in just to pick up the pieces after a Romanov or similar. Football is our national game, and football supporters, whether they want to buy their clubs or not, are its best custodians. It is time to put the fans first.

I therefore encourage all members to vote for all amendments in this group—both those in my name and those in the name of the minister—and I am therefore pressing amendment 174A.

The Deputy Presiding Officer

The question is, that amendment 174A be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a one-minute division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Urquhart, Jean (Highlands and Islands) (Ind)
Wilson, John (Central Scotland) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 40, Against 78, Abstentions 0.

Amendment 174A disagreed to.

18:15

Amendment 174B moved—[Alison Johnstone].

The Deputy Presiding Officer

The question is, that amendment 174B be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Urquhart, Jean (Highlands and Islands) (Ind)
Wilson, John (Central Scotland) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 39, Against 78, Abstentions 0.

Amendment 174B disagreed to.

Amendment 174C moved—[Alison Johnstone].

The Deputy Presiding Officer

The question is, that amendment 174C be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 40, Against 78, Abstentions 0.

Amendment 174C disagreed to.

Amendment 174 agreed to.

Amendment 175 moved—[Jamie Hepburn]—and agreed to.

Amendment 176 moved—[Jamie Hepburn].

Amendment 176A moved—[Alison Johnstone].

The Deputy Presiding Officer

The question is, that amendment 176A be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McDonald, Mark (Aberdeen Donside) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 40, Against 76, Abstentions 0.

Amendment 176A disagreed to.

Amendment 176 agreed to.

Section 62B—Meaning of “supporters’ trust”

Amendment 177 moved—[Jamie Hepburn]—and agreed to.

Section 62C—Meaning of “Scottish Professional Football League Club”

Amendment 178 moved—[Jamie Hepburn]—and agreed to.

Section 62D—Supporters trust register

Amendment 179 moved—[Jamie Hepburn]—and agreed to.

Section 62E—Meaning of “ownership”

Amendment 180 not moved.

Amendment 181 moved—[Jamie Hepburn]—and agreed to.

Section 62F—Supporters’ trust registration of interest in buying a football club

Amendment 182 not moved.

Amendment 183 moved—[Jamie Hepburn]—and agreed to.

Section 62G—Effect of registration

Amendment 184 moved—[Jamie Hepburn]—and agreed to.

Section 62H—Procedure for late applications

Amendment 185 moved—[Jamie Hepburn]—and agreed to.

Section 62I—Activation of supporters’ trust right to buy

Amendment 186 not moved.

Amendment 187 moved—[Jamie Hepburn]—and agreed to.

Section 62J—Supporters’ trust right to buy

Amendment 188 moved—[Jamie Hepburn]—and agreed to.

Section 62K—Procedure after activation of right to buy

Amendment 189 not moved.

Amendment 190 moved—[Jamie Hepburn]—and agreed to.

Section 62L—Exercise of right to buy: approval of supporters’ trust and consent of the Scottish Ministers

Amendment 191 moved—[Jamie Hepburn]—and agreed to.

Section 62M—Declinature or extinction of right to buy

Amendment 192 moved—[Jamie Hepburn]—and agreed to.

Section 62N—Right to buy same club exercisable by only one supporters’ trust

Amendment 193 moved—[Jamie Hepburn]—and agreed to.

Section 62O—Procedure for buying

Amendment 194 moved—[Jamie Hepburn]—and agreed to.

Section 62P—Application for funding

Amendment 195 not moved.

Amendment 196 moved—[Jamie Hepburn]—and agreed to.

Section 62Q—Assessment of value of football club

Amendment 197 moved—[Jamie Hepburn]—and agreed to.

Section 62R—Appeals

Amendment 198 moved—[Jamie Hepburn]—and agreed to.

Section 62S—Supporters’ trust right to buy shares in a football club

Amendment 199 moved—[Jamie Hepburn]—and agreed to.

Section 68—Meaning of “allotment”

The Deputy Presiding Officer

Group 22 is on size of, and requests for particular sizes of, allotments et cetera. Amendment 101, in the name of the Minister for Environment, Climate Change and Land Reform, is grouped with amendments 102, 103, 105, 107, 111, 112 and 122.

Aileen McLeod

The amendments in group 22 will amend the provisions on the size of an allotment. That is of particular importance to a number of stakeholders and has been debated at length. It might therefore be helpful if, before addressing each amendment in the group, I briefly set the context.

People in Scotland are able to grow their own food in a number of ways, including community growing places and allotments. It is important to distinguish carefully between the two. The most important distinction lies in the scale of operation, with allotments generally being of considerably greater size than community plots. The approach in the bill, as it will be amended, will reflect that consideration. Although there will be a large variety of sizes for allotments—reflecting, quite properly, the different wishes of allotment holders and different practical considerations in each locality—the bill’s objective is that allotments should be of about 250m2 unless another size is agreed, on a case-by-case basis, between local authorities and individuals who are requesting allotments.

Amendment 105 provides that when a person requests to lease an allotment, if the size of the allotment that is being sought is smaller than 250m2, they must specify that smaller size in the request. Amendment 107 will entitle a person to wait for an allotment of approximately 250m2 until one of that size is offered. It also provides local authorities with the flexibility to provide different sizes of allotments to meet the differing needs and wishes of their residents.

Amendment 102 will delete amendments on the size of allotments that were agreed to at stage 2, and amendment 101 is a drafting change that is consequential on amendment 102.

Amendment 103 will remove the requirement for Scottish ministers to make regulations on the size or sizes of allotments, which is unnecessary given the amendments that are being brought forward on the size of allotments. I am conscious that the provisions may appear to be complex, and for that reason we will pay particular attention to the guidance that is to be developed in that area. We look forward to working closely with stakeholders.

Amendments 111 and 112 will ensure that when ministers decide whether to allow local authorities to dispose of an allotment site or to renounce its lease, they must be satisfied not only that tenants will be offered new allotments, but that they will be of the same or similar size. Amendment 122 will allow Scottish ministers to consent to a local authority’s resuming an allotment site, or part of that site, if the local authority has offered an affected tenant an allotment of the same or similar area.

The debate on allotment size has been long and, at times, difficult, so I am delighted that we have reached consensus with stakeholders on the way forward. I pay tribute to the collaborative work in recent weeks between the Scottish Allotments and Gardens Society, local authorities and the Convention of Scottish Local Authorities to achieve provisions that go as far as we can to meet the needs of all. In the light of the consensus that is now secured on the amendments, I urge members to support them.

I move amendment 101.

Ken Macintosh

It is fair to say that it has taken some time and much effort from the minister, members of the committee, and especially the Scottish Allotments and Gardens Society to reach today’s consensual position, so we will support the Government amendments in group 22.

However, I would welcome clarification on two points. We would have preferred to keep the definition of the plot size of an allotment in the bill—section 70 still contains a reference to 250m2. Will the minister confirm that despite the removal of previous amendments, it is still the Scottish Government’s intention that the default size for allotments in the future will be 250m2, unless someone wants a smaller plot?

The introduction of the trigger point for waiting lists is to be deferred for three years to give local authorities time to gear up and plan for increasing provision. Will the minister conform that people who are already on a local authority waiting list will have the length of time that they have already waited taken into account? Will she also confirm that it will not be acceptable for local authorities simply to sit around and do nothing about waiting lists for three years, and that they will be expected to start preparing the ground for increased provision from the day of enactment?

Cameron Buchanan

I agree with amendments 101 to 103, 105 and 107.

Amendments 111, 112 and 122 would instruct that Scottish Ministers may not consent to change of use of an allotment site unless each tenant is offered a nearby allotment of the same or similar size.

I understand the motivation to protect allotment holders, but I am concerned that the amendments would overly restrict local autonomy and be to the detriment of aspiring allotment holders in the long term. If power is truly to be devolved from the centre, local authorities should be able to decide whether changing the use of an allotment site is in the local interest, subject to protections for allotment holders. The existing provision that tenants should be offered another nearby allotment offers protection, while retaining the ability for local authorities to offer replacement allotments where they see fit.

I rather fear that amendments 111, 112 and 122 would push the balance too far against autonomy, so that local authorities would find it very difficult to change the use of an allotment site, even if they considered it to be in the local interest. Furthermore, the amendments may be detrimental to allotment holders in the long term, because local authorities may be more reluctant to create new allotment sites in the knowledge that they might find it very difficult to change their use in the future. That unfortunate consequence would result in fewer allotment sites being created in the first place, and longer waiting lists for aspiring allotment holders.

The Deputy Presiding Officer

I invite the minister to wind up.

Aileen McLeod

I will deal with some of Ken Macintosh’s points. If a person requests a particular size of allotment that is smaller than 250m2 and is offered an allotment of that size, then the request will be treated as having been agreed, and the person’s name will be removed from the waiting list. If that person is offered and accepts an alternative size, then the request is agreed, and the person will be taken off the waiting list. However, if that person does not take up the offer of the alternative size of plot, the request is not agreed and the person will be entitled to remain on the waiting list until the particular size that they have requested is offered.

If a person wants an allotment of 250m2 and has not requested a smaller size, the request is treated as having been agreed when an allotment of about 250m2 is offered, and the person will be removed from the waiting list.

If a person has not requested an allotment smaller than 250m2, and the person is offered and accepts an allotment other than one of about 250m2, then the request is agreed, and the person will be taken off the waiting list. However, should such a person be offered an allotment that is not about 250m2, and does not take up the offer, the request is not agreed to and the person will remain on the waiting list.

I hope that that gives Ken Macintosh the clarification that he was looking for.

Amendment 101 agreed to.

The Deputy Presiding Officer

Group 23 is on sale of allotment produce. Amendment 200, in the name of Cameron Buchanan, is grouped with amendments 202, 203 and 213.

Cameron Buchanan

Amendments 200, 203 and 213 would make it clear that surplus produce from allotments may be sold to make a profit. It is unclear why allotment users should be prevented from doing so. There would be an issue if large retailers were taking up allotments to supply their stores or local supermarkets, but I do not think that that is what we are talking about. Small sales for relatively small amounts of money are not a cog in the corporate supply chain; rather, they are a chance for waste to be avoided and for compensation for hard work to be obtained where it is deserved.

We are talking about members of the public who want to enjoy the use of an allotment space and cultivate vegetables, fruit, herbs or flowers. If they happen to have excess produce and want to sell it, who are we to forbid that?

In any case, how could we define “profit”? Allotment users can take a certain pride in selling the produce that they have worked hard to cultivate. Any “profit” gained from such sales are not intended for a company’s balance sheet; rather, they are a small reward for hours of work put in that have resulted in surplus produce.

Furthermore, a provision that allows sale of surplus produce

“other than with a view to making a profit”

brings questions of definition and enforceability. How are the police meant to check whether the proceeds of each allotment sale are not for profit?

I lodged amendment 202 to clarify that allotment land is not to be considered agricultural solely because someone makes a profit from selling surplus produce, in order to alleviate potential concerns in that area.

I move amendment 200.

Ken Macintosh

I suggest that Cameron Buchanan might have misunderstood what the committee discussed and agreed at stage 2. As it stands, the bill disqualifies commercial exploitation of allotments but it does not disallow small-scale remuneration if people have an extra bag of potatoes or if they want to cover the costs of their heating. His amendments are entirely unnecessary and miss the point of what the committee has already agreed.

Aileen McLeod

Amendments 200, 202, 203 and 213 would allow surplus produce from allotments to be sold for profit. Additionally, they would remove local authorities’ ability to include provisions prohibiting the sale of surplus produce in regulations about allotments. That could prevent local authorities from taking account of local factors in determining how surplus produce from allotments in their areas may be sold.

The Scottish Allotments and Gardens Society has argued strongly that the purpose of an allotment is to support self-sufficiency in good food rather than being a means of providing allotment tenants with additional income. The society considers that any proceeds from the sale of produce should go back to the allotment association to be reinvested in the community of allotment holders.

I recognise Mr Buchanan’s desire to include allotment produce as part of the wider food economy, but that goes against the whole ethos of allotments, which is to ensure that a family is self-sufficient in good food. As such, I ask Mr Buchanan to withdraw amendment 200 and not move his other amendments in the group.

Cameron Buchanan

I intend to press amendment 200. There must be a definition of profit. I am not really talking about commercial profit but about people being prevented from selling their produce outside the allotment area, at a car boot sale or somewhere else. That should not be restricted.

Amendment 202 says that allotment land should be not considered as being used for agriculture solely because someone makes a profit from selling surplus produce. The point needs to be clarified.

The Deputy Presiding Officer

The question is, that amendment 200 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Davidson, Ruth (Glasgow) (Con)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Annabel (West Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
McGrigor, Jamie (Highlands and Islands) (Con)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dugdale, Kezia (Lothian) (Lab)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 16, Against 103, Abstentions 0.

Amendment 200 disagreed to.

Amendment 102 moved—[Aileen McLeod]—and agreed to.

Amendment 202 moved—[Cameron Buchanan].

The Deputy Presiding Officer

The question is, that amendment 202 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dugdale, Kezia (Lothian) (Lab)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)

The Deputy Presiding Officer

The result of the division is: For 15, Against 103, Abstentions 0.

Amendment 202 disagreed to.

Section 69A—Regulations as to size of allotments

Amendment 103 moved—[Aileen McLeod]—and agreed to.

Section 70—Request to lease allotment

The Deputy Presiding Officer

Group 24 is on minor amendments regarding allotments. Amendment 104, in the name of Minister for Environment, Climate Change and Land Reform, is grouped with amendments 106, 108 to 110, 113 to 121, 123 to 130, 132, 134 and 145.

Aileen McLeod

This is a group of minor amendments. Amendment 104 provides that a person may also make a request to sublease an allotment from a tenant of the authority in circumstances where the authority has leased the allotment site.

Amendments 106, 126, 129 and 130 are intended to ensure that the consultation requirements in relation to local authorities in part 7 are consistent with those applying elsewhere in the bill.

Amendment 108 adjusts the drafting and in particular introduces the words “continuous period” into the provision. That confirms the intention that a local authority is required to take reasonable steps to ensure that a person on the waiting list does not remain on the list for a continuous period of more than five years, rather than a cumulative period of five years, where the individual may come off and then go back on the waiting list for various reasons. We have worked closely with the Scottish Allotments and Gardens Society, local authorities and the Convention of Scottish Local Authorities in reviewing the provision, and it has been collectively agreed that this particular provision will be commenced so that it takes effect three years after the rest of part 7, in order to allow local authorities greater time to prepare for the provision.

Amendment 109 replaces section 72(3A), which currently requires local authorities, when taking reasonable steps to provide allotments, to have regard to the need to make them available reasonably close to the residence of persons on the waiting list. The requirement was introduced by Alex Rowley’s amendment at stage 2. Amendment 109 adjusts the drafting and in particular replaces the reference to “need” with “desirability”. That ensures that the spirit of the provision is maintained while the amendment provides local authorities with some flexibility in meeting the requirement.

Amendment 110 will provide that, if a local authority asks the tenant of an allotment site to grant a sublease of an unoccupied allotment on the allotment site to a person who has requested an allotment, the tenant must grant that sublease.

Subsection (3A) of section 77 was added to the bill at stage 2. It requires a local authority, when detailing how it intends to increase the provision of allotment sites and community growing areas of land in its area, to describe whether and how that will apply to communities that experience socioeconomic disadvantage. Amendments 113 and 114 are minor and technical amendments that are intended to ensure that the provision achieves the intended effect.

Following our commitment at stage 2 to consider requiring local authorities to publish a statement about fair rent in relation to allotments, amendment 115 will require local authorities to include in their annual allotments report details of the rent payable in respect of allotments in their area and details of how those rents are determined by reference to the requirement for local authority regulations to include a method of determining fair rent.

Section 82(1) permits a local authority to incur expenditure for the purpose of promoting allotments in its area and providing training by or on behalf of the local authority to tenants and potential tenants about the use of allotments. Subsection (2) was added to the bill at stage 2 and requires local authorities to take into account the desirability of exercising that power in relation to communities that experience socioeconomic disadvantage. Amendments 116 and 117 are technical amendments to subsection (2) and are designed to ensure that the provision achieves its intended effect.

18:45

During the stage 2 debate, it was mentioned that in some areas the use of school buildings and the operation of other community buildings have been transferred to arm’s-length external organisations or other bodies. We have looked into that situation and amendment 118 expands the provision to include not only premises that are maintained directly by the local authority but premises that are maintained and used in connection with services delegated by the local authority or that are maintained and whose use is managed by another person in accordance with arrangements between that person and the local authority.

I am confident that those descriptions cover the types of arrangements in place for schools and community buildings and that they will ensure that allotment associations can find suitable places to meet.

Amendments 119 to 123 make minor amendments to section 84.

Amendment 124 makes it clear that, where a local authority grants the lease of an allotment site and the tenant of an allotment subleases an allotment from the local authority’s tenant—such as an allotment association—the tenant of the allotment must not assign the lease of the allotment unless the local authority that granted the lease of the allotment site agrees to the assignation.

Amendment 125 is a minor drafting amendment to section 89.

Amendments 127 and 128 make minor amendments to section 90, which makes provision for compensation for deterioration in allotments caused by tenants.

Amendment 132 is a minor drafting change to achieve greater consistency with the language of the Equality Act 2010.

Amendments 134 and 145 are consequential amendments to ensure consistency between the provisions of the Local Government (Scotland) Act 1973 and the provisions of the bill.

I move amendment 104.

Cameron Buchanan

Regarding amendments 106, 126, 129 and 130, could the minister confirm that the intention remains that the Scottish ministers allow each willing local authority to contribute to the relevant consultation?

Aileen McLeod

On the point that Cameron Buchanan raised, amendments 106, 126, 129 and 130 are minor amendments that ensure that the consultation requirements in relation to local authorities in part 7 of the bill are consistent with those that apply elsewhere in the bill.

Amendment 106 relates to the consultation that is carried out before regulations are made about the information that must be included in a request to lease an allotment.

Amendment 126 relates to the consultation requirements before making regulations on compensation for disturbance.

Amendment 129 relates to the consultation requirements before making regulations on compensation for deterioration of allotments.

Amendment 130 relates to the consultation requirements before making regulations in connection with the compensation that is payable to a tenant who suffers the loss of any crop as a result of an allotment being—

Cameron Buchanan

Will the member take an intervention?

Aileen McLeod

Yes.

Cameron Buchanan

My question was whether that applies to each local authority. The amendments do not specify how many local authorities have to be consulted. Does that mean that every local authority has to be consulted before a decision can be made?

Aileen McLeod

Each local authority will be consulted.

Amendment 104 agreed to.

Amendments 105 and 106 moved—[Aileen McLeod]—and agreed to.

After section 70

Amendment 107 moved—[Aileen McLeod]—and agreed to.

Section 72—Duty to provide allotments

Amendments 108 and 109 moved—[Aileen McLeod]—and agreed to.

After section 72

Amendment 110 moved—[Aileen McLeod]—and agreed to.

Section 73—Allotment site regulations

Amendment 203 not moved.

Section 75—Disposal etc of allotments and allotment sites owned by local authority

The Deputy Presiding Officer

Amendments 111 to 124 are all in the name of the Minister for Environment, Climate Change and Land Reform and have all been previously debated. Does any member object to a single question being put on them?

Members: Yes.

The Deputy Presiding Officer

Members object, so I will put the question on each amendment individually. [Interruption.] Order, please.

Amendment 111 moved—[Aileen McLeod].

The Deputy Presiding Officer

The question is, that amendment 111 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dugdale, Kezia (Lothian) (Lab)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

The Deputy Presiding Officer

The result of the division is: For 104, Against 15, Abstentions 0.

Amendment 111 agreed to.

Section 76—Disposal etc of allotments and allotment sites leased by local authority

Amendment 112 moved—[Aileen McLeod].

The Deputy Presiding Officer

The question is, that amendment 112 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dugdale, Kezia (Lothian) (Lab)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

Against

The Deputy Presiding Officer

The result of the division is: For 103, Against 15, Abstentions 0.

Amendment 112 agreed to.

Alex Fergusson

On a point of order, Presiding Officer. In an effort to be helpful, we would be very happy for one question to be put in regard to the rest of the amendments.

The Deputy Presiding Officer

Thank you very much.

Section 77—Duty to prepare food-growing strategy

Amendments 113 and 114 moved—[Aileen McLeod]—and agreed to.

Section 79—Annual allotments report

Amendment 115 moved—[Aileen McLeod]—and agreed to.

Section 82—Promotion and use of allotments: expenditure

Amendments 116 and 117 moved—[Aileen McLeod]—and agreed to.

Section 82A—Use of local authority premises for meetings

Amendment 118 moved—[Aileen McLeod]—and agreed to.

Section 84—Resumption of allotment or allotment site by local authority

Amendments 119 to 123 moved—[Aileen McLeod]—and agreed to.

Section 86A—Prohibition against assignation or subletting

Amendment 124 moved—[Aileen McLeod]—and agreed to.

Section 87—Sale of surplus produce

Amendment 213 moved—[Cameron Buchanan].

The Deputy Presiding Officer

The question is, that amendment 213 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Roderick (North East Fife) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dugdale, Kezia (Lothian) (Lab)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Malik, Hanzala (Glasgow) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McCulloch, Margaret (Central Scotland) (Lab)
McDonald, Mark (Aberdeen Donside) (SNP)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pearson, Graeme (South Scotland) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Salmond, Alex (Aberdeenshire East) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (Ind)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 15, Against 103, Abstentions 0.

Amendment 213 disagreed to.

Section 89—Compensation for disturbance

Amendments 125 and 126 moved—[Aileen McLeod]—and agreed to.

Section 90—Compensation for deterioration of allotment

Amendments 127 to 129 moved—[Aileen McLeod]—and agreed to.

Section 91—Compensation for loss of crops

Amendment 130 moved—[Aileen McLeod]—and agreed to.

After section 92

The Deputy Presiding Officer

Group 25 is on guidance. Amendment 131, in the name of the Minister for Environment, Climate Change and Land Reform, is grouped with amendment 22.

Aileen McLeod

Amendment 131 will insert a new section into part 7 of the bill. First, the new section will require local authorities to have regard to any guidance that is issued by the Scottish ministers on the carrying out of functions by local authorities under part 7 of the bill. Secondly, the new section will require the Scottish ministers, before issuing the guidance, to consult local authorities and any other persons who appear to them to have an interest.

Those measures will help to ensure continued good partnership working on allotments between ministers, local authorities and stakeholders. The guidance will aid the implementation of those sections of part 7 that may be technical in nature, which we know will be welcomed by the Scottish Allotments and Gardens Society as well as by local authorities.

Section 95 of the bill currently requires that the Scottish ministers must publish any guidance that they issue in relation to part 2 or part 6 of the bill.

Requirements for public authorities to have regard to guidance that is issued by the Scottish ministers were added to parts 3, 5 and 7A of the bill at stage 2. In addition, amendment 131 will require local authorities to have regard to guidance that is issued by the Scottish ministers on their functions under part 7 of the bill.

Amendment 22 will provide that the Scottish ministers must also publish any guidance that they issue relating to parts 3, 5, 7 and 7A of the bill.

I move amendment 131.

Amendment 131 agreed to.

Section 93—Interpretation of Part 7

Amendment 132 moved—[Aileen McLeod]—and agreed to.

Section 94—Schemes for reduction and remission of non-domestic rates

The Deputy Presiding Officer

Group 26 is on schemes for reduction and remission of rates. Amendment 21, in the name of the Minister for Local Government and Community Empowerment, is the only amendment in the group.

Marco Biagi

The bill provides for a new power to allow councils to offer additional rates relief within their area. Amendment 21 will clarify wording that was agreed following an amendment at stage 2—by a member who shall remain nameless—to replace a potentially dubious comma after “expenditure” with “and” so that it is clear beyond doubt that the “income” referred to is the authority’s income.

I move amendment 21.

Amendment 21 agreed to.

Section 95—Guidance under Parts 2 and 6: publication

Amendment 22 moved—[Marco Biagi]—and agreed to.

Section 96—Subordinate legislation

Amendments 215 and 133 moved—[Marco Biagi]—and agreed to.

Schedule 3—Relevant authorities

The Deputy Presiding Officer

Group 27 is on minor amendments—community planning, asset transfer requests and long title. Amendment 23, in the name of the Minister for Local Government and Community Empowerment, is grouped with amendments 24 to 26.

Marco Biagi

The Scottish Court Service is listed as a relevant authority under the bill. The service has now changed its name to become the Scottish Courts and Tribunals Service, and amendment 23 reflects that change.

Amendment 24 makes two consequential changes in relation to community planning. The first change deals with consultation by an education authority before making certain changes to education provision in its area, and requires it to include the local community planning partnership and any other CPPs that it considers to be relevant.

The second change relates to the joint inspection of children’s services. Those services are currently defined with reference to the Local Government in Scotland Act 2003. In future, they will be defined with reference to the Children and Young People (Scotland) Act 2014.

Amendments 25 and 26 alter the long title of the bill to include reference to provisions that were added at stage 2.

I move amendment 23.

Amendment 23 agreed to.

19:00

Schedule 4—Minor and consequential amendments

Amendments 134 to 144 and 24 moved—[Aileen McLeod]—and agreed to.

Schedule 5—Repeals

Amendment 145 moved—[Aileen McLeod]—and agreed to.

Long title

Amendments 146, 25, 217 and 26 moved—[Aileen McLeod]—and agreed to.

The Deputy Presiding Officer

That ends consideration of amendments. I will allow members to move places. I ask members who are leaving the chamber to do so quietly because we are still in session.

Portfolio Question Time

Community Empowerment (Scotland) Bill

Contacting Parliament

Meeting of the Parliament

Meeting date: Wednesday, June 17, 2015

Contents

Community Empowerment (Scotland) Bill: Stage 3