Decision Time
The first question is, that motion S3M-2028, in the name of Linda Fabiani, on the Creative Scotland Bill—
On a point of order, Presiding Officer. I crave your indulgence and request that the vote on whether we are voting on the financial resolution should be taken first, because the procedures following will depend on that.
Standing orders are quite clear: questions must be put in the order in which motions are moved. I have no flexibility in that matter.
I am sorry, but I am not asking you to conduct a vote on the financial resolution. I am asking you to conduct a vote on whether permission has been given for the motion to be withdrawn. That was proposed by the Minister for Parliamentary Business, and we objected to the motion being withdrawn. You must hold a vote on that, please, before you proceed.
Oh!
As a matter of fact, I must not do that, Dr Simpson. When I put the question on the financial resolution, if one member objects, then a vote has to be taken. I can call the divisions only in the order in which the motions were moved.
Therefore, the first question is, that motion S3M-2028, in the name of Linda Fabiani, on the Creative Scotland Bill, be agreed to. Are we agreed?
Motion agreed to.
That the Parliament agrees to the general principles of the Creative Scotland Bill.
The next question is, that motion S3M-1776, in the name of John Swinney, on the financial resolution to the Creative Scotland Bill, be agreed to. Are we agreed?
No.
There will be a division.
On a point of order, Presiding Officer. The question that you should put is whether the financial resolution should be withdrawn. That was what the minister moved.
No, I am clear that Parliament has not given permission for the motion to be withdrawn. Therefore, I put the question to members. [Interruption.] Order. Mr McMahon, order, please.
On a point of order, Presiding Officer. I seek your guidance because earlier today I spoke to your business team, and was informed by them at that stage that, if and when I sought to withdraw the motion on the financial resolution, it would be up to Parliament to decide whether the resolution was to be withdrawn. In these circumstances, the Parliament has not yet had the opportunity to vote on that matter. Therefore, should not the Parliament be provided with that opportunity before we proceed any further?
For the benefit of all members, let me quote rule 8.3.6:
"After a motion is moved, it may be withdrawn by the member who moved it at any time before the question is put unless any member objects to it being withdrawn."
I have had objections to the motion being withdrawn, therefore I must put the question to members.
The question is, that motion S3M-1776, in the name of John Swinney, on the financial resolution to the Creative Scotland Bill, be agreed to. Are we agreed?
No.
There will be a division.
For
Adam, Brian (Aberdeen North) (SNP)
Ahmad, Bashir (Glasgow) (SNP)
Allan, Alasdair (Western Isles) (SNP)
Brown, Keith (Ochil) (SNP)
Campbell, Aileen (South of Scotland) (SNP)
Coffey, Willie (Kilmarnock and Loudoun) (SNP)
Constance, Angela (Livingston) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perth) (SNP)
Don, Nigel (North East Scotland) (SNP)
Doris, Bob (Glasgow) (SNP)
Ewing, Fergus (Inverness East, Nairn and Lochaber) (SNP)
Fabiani, Linda (Central Scotland) (SNP)
FitzPatrick, Joe (Dundee West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Highlands and Islands) (SNP)
Grahame, Christine (South of Scotland) (SNP)
Harper, Robin (Lothians) (Green)
Harvie, Christopher (Mid Scotland and Fife) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Central Scotland) (SNP)
Hyslop, Fiona (Lothians) (SNP)
Ingram, Adam (South of Scotland) (SNP)
Kidd, Bill (Glasgow) (SNP)
Lochhead, Richard (Moray) (SNP)
MacAskill, Kenny (Edinburgh East and Musselburgh) (SNP)
MacDonald, Margo (Lothians) (Ind)
Marwick, Tricia (Central Fife) (SNP)
Mather, Jim (Argyll and Bute) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West of Scotland) (SNP)
McKee, Ian (Lothians) (SNP)
McKelvie, Christina (Central Scotland) (SNP)
McMillan, Stuart (West of Scotland) (SNP)
Morgan, Alasdair (South of Scotland) (SNP)
Neil, Alex (Central Scotland) (SNP)
Paterson, Gil (West of Scotland) (SNP)
Robison, Shona (Dundee East) (SNP)
Russell, Michael (South of Scotland) (SNP)
Salmond, Alex (Gordon) (SNP)
Stevenson, Stewart (Banff and Buchan) (SNP)
Sturgeon, Nicola (Glasgow Govan) (SNP)
Swinney, John (North Tayside) (SNP)
Thompson, Dave (Highlands and Islands) (SNP)
Watt, Maureen (North East Scotland) (SNP)
Welsh, Andrew (Angus) (SNP)
White, Sandra (Glasgow) (SNP)
Wilson, Bill (West of Scotland) (SNP)
Wilson, John (Central Scotland) (SNP)
Against
Aitken, Bill (Glasgow) (Con)
Alexander, Ms Wendy (Paisley North) (Lab)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baker, Richard (North East Scotland) (Lab)
Boyack, Sarah (Edinburgh Central) (Lab)
Brankin, Rhona (Midlothian) (Lab)
Brown, Gavin (Lothians) (Con)
Brown, Robert (Glasgow) (LD)
Butler, Bill (Glasgow Anniesland) (Lab)
Carlaw, Jackson (West of Scotland) (Con)
Chisholm, Malcolm (Edinburgh North and Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)
Curran, Margaret (Glasgow Baillieston) (Lab)
Eadie, Helen (Dunfermline East) (Lab)
Ferguson, Patricia (Glasgow Maryhill) (Lab)
Finnie, Ross (West of Scotland) (LD)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gillon, Karen (Clydesdale) (Lab)
Gordon, Charlie (Glasgow Cathcart) (Lab)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Henry, Hugh (Paisley South) (Lab)
Hume, Jim (South of Scotland) (LD)
Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)
Johnstone, Alex (North East Scotland) (Con)
Kelly, James (Glasgow Rutherglen) (Lab)
Kerr, Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Lamont, John (Roxburgh and Berwickshire) (Con)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Macdonald, Lewis (Aberdeen Central) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Martin, Paul (Glasgow Springburn) (Lab)
McArthur, Liam (Orkney) (LD)
McAveety, Mr Frank (Glasgow Shettleston) (Lab)
McCabe, Tom (Hamilton South) (Lab)
McConnell, Jack (Motherwell and Wishaw) (Lab)
McGrigor, Jamie (Highlands and Islands) (Con)
McLetchie, David (Edinburgh Pentlands) (Con)
McMahon, Michael (Hamilton North and Bellshill) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McNeill, Pauline (Glasgow Kelvin) (Lab)
McNulty, Des (Clydebank and Milngavie) (Lab)
Milne, Nanette (North East Scotland) (Con)
Mulligan, Mary (Linlithgow) (Lab)
Munro, John Farquhar (Ross, Skye and Inverness West) (LD)
Murray, Elaine (Dumfries) (Lab)
O'Donnell, Hugh (Central Scotland) (LD)
Oldfather, Irene (Cunninghame South) (Lab)
Park, John (Mid Scotland and Fife) (Lab)
Peacock, Peter (Highlands and Islands) (Lab)
Peattie, Cathy (Falkirk East) (Lab)
Pringle, Mike (Edinburgh South) (LD)
Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)
Rumbles, Mike (West Aberdeenshire and Kincardine) (LD)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Scott, Tavish (Shetland) (LD)
Simpson, Dr Richard (Mid Scotland and Fife) (Lab)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Smith, Iain (North East Fife) (LD)
Stephen, Nicol (Aberdeen South) (LD)
Stewart, David (Highlands and Islands) (Lab)
Stone, Jamie (Caithness, Sutherland and Easter Ross) (LD)
Tolson, Jim (Dunfermline West) (LD)
Whitefield, Karen (Airdrie and Shotts) (Lab)
Whitton, David (Strathkelvin and Bearsden) (Lab)
The result of the division is: For 49, Against 68, Abstentions 0.
Motion disagreed to.
Standing orders are quite clear; the Creative Scotland Bill therefore falls.—[Interruption.] Order.
The next question is, that motion S3M-2101, in the name of Jim Mather, on the Energy Bill, United Kingdom legislation, be agreed to.
Motion agreed to.
That the Parliament agrees that the relevant provisions of the UK Energy Bill in Part 1, Chapter 3 (Storage of Carbon Dioxide), introduced to the House of Commons on 10 January 2008, should, insofar as they relate to matters within the legislative competence of the Scottish Parliament or alter the executive competence of the Scottish Ministers, be considered by the UK Parliament.
The next question is, that motions S3M-2195 to S3M-2198 inclusive, in the name of Bruce Crawford, on the approval of Scottish statutory instruments, be agreed to.
Motions agreed to.
That the Parliament agrees that the draft Protection of Children (Scotland) Act 2003 (Amendment of the Definition of Child Care Position) Order 2008 be approved.
That the Parliament agrees that the draft Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2008 be approved.
That the Parliament agrees that the draft Further and Higher Education (Scotland) Act 1992 Modification Order 2008 be approved.
That the Parliament agrees that the draft Human Tissue (Scotland) Act 2006 (Consequential Amendment) Order 2008 be approved.