Emergency Workers (Scotland) Bill: Stage 3
The next item of business this afternoon is stage 3 consideration of the Emergency Workers (Scotland) Bill. For the first part of the stage 3 proceedings, members should have the bill as amended at stage 2, the marshalled list, which contains all amendments that have been selected for debate, and the groupings.
I will allow an extended voting period of two minutes for the first division. Thereafter, I will allow a voting period of one minute for the first division after a debate on a group. All other divisions will be 30 seconds long.
Before I call group 1, I ask those members who are conducting conversations to conduct them somewhere else.
Section A1—Assaulting or impeding certain providers of emergency services
Amendment 2, in the name of Stewart Stevenson, is grouped with amendment 3.
My colleague, Kenny MacAskill, will speak to later amendments on the subject of social workers, but amendments 2 and 3 concern health workers who would not benefit from the support that the bill seeks to give to various categories of emergency workers. I will touch on a few important issues that relate to that matter.
First, I am told that 70 per cent of occupational injuries to national health service staff who are working in a community setting—an area of the health service that the Executive says it is seeking to expand and grow in importance—are due to violence and aggression. That is a higher percentage of injuries than is the case for NHS staff who work in the acute services. Paradoxically, it is to acute services staff that the bill offers protection. We support that, of course, but in doing so we note that it is paradoxical that we are not extending that support to those who work elsewhere. Unison highlighted the fact that the weakness in the bill overall is that it extends protection only to a limited number of workers. Later, we will welcome the extension of the definition of "hospital," modest as it undoubtedly is, and the inclusion of blue-light workers.
I will quote from an e-mail that I received yesterday from an Inverness-based general practitioner. Of the present arrangements, he says that this is a
"clearly absurd situation as we are at some of the highest risk. I have been assaulted whilst GP Visiting at night, in a quite serious manner, and find this division"—
between various categories of health service staff—
"quite unintelligible."
When the minister responds to amendment 2—to which amendment 3 is simply consequential—he ought to speak to the concerns of that Inverness GP and to those of midwives and nurses who are putting themselves at risk on a regular basis and explain to them why we are, so far, denying them the kind of protection that we are prepared to offer to other important workers in emergency services. He should explain to people across Scotland why those important workers, upon whom the population depends and to whom people look for succour in times of crisis, are not entitled to the kind of protection that is given to workers elsewhere.
I move amendment 2.
It is important for Parliament to recognise that a key principle of the bill is to define those who act in emergency circumstances regularly and routinely. The Minister for Finance and Public Service Reform is on record as having said that. When we try to establish who is covered by the bill, it is important to ensure that they fit into that definition.
A line must be drawn, and I think that if we are to extend the provisions of the bill beyond those who are already covered, we will never stop redrawing that line. It appears to me that there are many other groups who could fall into the category of workers subject to the protection of the bill.
Stewart Stevenson's final comments were about other groups wanting protection. That is a critical point. The bill is designed to protect people who are regularly and routinely in emergency circumstances; it is not about violence against public sector workers in general. However, in no way do I want to give the impression that that is not a vital issue, and I am sure that that is the Executive's position, too. There is plenty of legislation that will cover other groups. More serious crimes will be covered by the criminal law, under which all the groups with whom we are concerned will be protected, but it is important to draw the distinction.
As we said at the end of stage 1, this was a difficult bill for the Justice 1 Committee to scrutinise. There has been a lot of confusion about the purpose of the bill. I am pleased to say that the Executive has now put on record the fact that its primary purpose is to identify emergency circumstances. What we do about violence in the workplace in general is a matter for the Parliament, but the bill is not the only place where we can address that. I hope that one of the advantages of passing the bill is that we can make it clear to everybody that we will not tolerate violence, not just against health service workers, but against any public service workers. That extends, for example, to bus drivers and estate agents—many estate agents work alone in the community and put themselves at risk. When we are legislating, we have to ensure that we provide protection for everyone working in the relevant circumstances.
It is important to emphasise the particular circumstances covered by the bill—we should remember why it has been called the Emergency Workers (Scotland) Bill. The issue is not that any worker is any less important than another; it is simply that the provision is different. I ask members to reject Stewart Stevenson's amendments.
I support Pauline McNeill's comments. The Emergency Workers (Scotland) Bill has been difficult to deal with—at various points it felt like we were dealing with a can of worms. If we accept the rights of one set of workers, where do we draw the line? That is the main problem with amendment 2. As a former convener of the Health Committee, I have the greatest respect for the groups of workers that Stewart Stevenson's amendment covers, but the bill does give extra protection to GPs, nurses and midwives.
The central question is: what is the bill about? It is about emergency workers in emergency situations. Examples are being bandied about by the British Medical Association and others, such as a case in which a general practitioner is called out to an emergency and assaulted, but a GP in those circumstances is covered by the bill. A midwife in a hospital who is doing her best to deal with an emergency is obviously covered, as is a midwife who is called out because a woman is experiencing difficulties during a home birth, because that is an emergency. Those staff are covered as emergency workers, and we have accepted that they are covered by the key test for inclusion because they deal with emergencies on a regular and routine basis.
The reason why the BMA, the Royal College of Nursing and the Royal College of Midwives are concerned about the bill is that there is an anomaly between how it deals with people in hospitals and how it deals with people in the community. That is partly because the Executive accepted some of the concerns that the Justice 1 Committee raised. Originally, the bill covered only accident and emergency departments but we said that that was too narrow. What if someone is in a high dependency unit? What if they are being wheeled along a corridor by a porter on their way to a high dependency unit? What if the person concerned is in the blood bank or the medical records department? They are part of the chain of personnel who are involved in an emergency. We managed to persuade the Executive to extend the bill to cover the entire hospital, not primarily because of doctors, nurses and midwives, who are already covered as emergency workers, but because of the large number of other people who work in emergency circumstances in hospitals but were not covered.
However, if we agree to Stewart Stevenson's amendment 2 we will compound the anomaly by including GPs, nurses and midwives but not GPs' receptionists or the workers that Pauline McNeill mentioned. I suggest that we should resist the amendment, not because I do not have sympathy with it, but because the bill is about emergency workers in emergency circumstances and the people to whom the amendment seeks to give extra protection—GPs, nurses and midwives—are already given extra protection by the bill. The minister will be able to extend the list of who is covered by the legislation in due course if he wishes. I seek an assurance that he will take time to monitor and review how it works—and to see whether we are given the evidence that was sadly lacking during the Justice 1 Committee's deliberations—to see whether we have got the legislation right or whether we need to include others.
I too oppose amendment 2, not because I do not value the work that doctors, nurses and midwives do day in, day out, but because the bill is about emergency workers in emergency circumstances. All workers should have the right to work in safety, unimpeded and unharmed, and the bill should not affect that right.
The primary role of the blue-light services—the police, the fire brigade and the ambulance service—is to respond to emergency circumstances and so they are included in the first section of the bill. Although doctors, nurses and midwives have to respond to emergency circumstances, doing so does not make up the bulk of their work. The bill covers doctors, nurses and midwives when they are responding to emergencies and when they are on hospital premises. People who assist them are also covered.
Some groups have unjustifiably criticised the bill's narrow scope. The Justice 1 Committee took much evidence on and had lengthy discussions on that point. It is essential that the bill—like any other—is clearly focused.
The bill recognises that attacks on emergency workers are unacceptable and recognises the effect that attacks can have on the ability of workers to save lives. The bill is part of the action to deal with that most serious issue. I oppose amendment 2.
Amendment 2 would extend the bill to cover workers in services other than the traditional blue-light services—the police, ambulance and fire services. It would create a two-tier system for public sector workers. Stewart Stevenson quoted a GP saying that dividing health sector workers into categories was unacceptable. We agree and identify with that comment, which is why we oppose the amendment.
We shall also oppose amendment 3, which is consequential to amendment 2.
Stewart Stevenson's amendments would extend the bill's protection to doctors, nurses and midwives whenever they were on duty. I share his respect and admiration for the valuable service that such workers provide, but the amendments are wrongly focused.
In considering the amendments, we must be clear about the fact that the bill is explicitly and intentionally emergency focused. It is right that the bill should protect GPs, district nurses, health visitors and others when they respond to emergency circumstances. In such situations, they are emergency workers and should be protected accordingly.
However, most of the time such workers are not involved in the provision of emergency services. Valuable though their work is, it is not first and foremost connected with emergency responses in the same way as is the work of the police, firefighters, ambulance workers or health workers in hospitals.
The bill provides on-duty protection for health workers who work in hospitals. It already ensures that doctors, nurses or midwives who work elsewhere are protected whenever they respond to emergency circumstances. I emphasise that point because it did not appear in some of the briefings that groups with health interests sent members. If a doctor, nurse or midwife responds to an emergency—wherever that might be—the bill covers her or him.
In non-emergency situations, such workers are protected by the common law, under which it is an offence to assault any person, no matter what the circumstances and their professional status are. In addition, the Lord Advocate's guidance to procurators fiscal ensures that assaults against any worker who serves the public will be treated particularly seriously.
Some concerns have been expressed—particularly by psychiatric nurses who work in the community—about an unwillingness in some situations to deal with attacks. Will you undertake to work with the Lord Advocate and your colleague the Minister for Health and Community Care to ensure that health boards, as managers, take such incidents seriously and that prosecutions are seen to take place if assaults occur?
I have no hesitation in giving that assurance, which complements exactly what we are trying to achieve in promoting the bill.
Today is not the last chance to add workers to the bill or to extend on-duty protection to the workers that are already listed. This is not the end of the matter. I remind members that the bill's order-making power enables us to change the level of protection that is afforded to groups of workers that are listed in the bill. If it can be shown that all doctors, nurses and midwives—like the police and fire and ambulance workers—must be able to respond to emergency circumstances as a core part of their functions, we must certainly safeguard their operational capacity to do so. I am happy to consider the case for providing such workers with on-duty protection by order at that time. I hope that that provides the reassurance that Margaret Smith sought.
However, providing on-duty protection to such workers before that case has been made would be inconsistent with the bill's emergency focus. It could open the floodgates to extending on-duty protection to other groups of workers whose duties are primarily of a routine nature, which would serve only to undermine the clearly emergency-centred nature of the bill. I re-emphasise that those groups of workers are already protected by the Emergency Workers (Scotland) Bill when they are responding to emergencies, and are covered by the common law when they are not.
I urge members to disagree to amendments 2 and 3.
I have listened to members with considerable interest, and their contributions were fair and balanced. After the debate, I would like Pauline McNeill to give me the telephone number of the emergency estate agents service, as I may need it at some point in the future.
Tom McCabe gave the game away a little in referring to the protection for a number of workers that is provided by the common law. However, the Executive says that the bill has been introduced because the common law does not provide sufficient protection for various workers. Therefore, a contradiction remains at the heart of the bill.
I will not be too churlish. I welcome the minister's acknowledgement that the issue that has been raised by doctors, nurses and midwives is not closed, even if it appears from the arithmetic today that we are unlikely to amend the bill. I hope that the minister will arrange to meet representatives of those professions at an early date so that they can make their case directly to him for subsequent amendment of the bill by order, if it is not amended today. I will press amendment 2.
The question is, that amendment 2 be agreed to. Are we agreed?
No.
There will be a division.
For
Adam, Brian (Aberdeen North) (SNP)
Baird, Shiona (North East Scotland) (Green)
Ballard, Mark (Lothians) (Green)
Byrne, Ms Rosemary (South of Scotland) (SSP)
Canavan, Dennis (Falkirk West) (Ind)
Crawford, Bruce (Mid Scotland and Fife) (SNP)
Cunningham, Roseanna (Perth) (SNP)
Curran, Frances (West of Scotland) (SSP)
Ewing, Mrs Margaret (Moray) (SNP)
Fabiani, Linda (Central Scotland) (SNP)
Fox, Colin (Lothians) (SSP)
Gibson, Rob (Highlands and Islands) (SNP)
Grahame, Christine (South of Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hyslop, Fiona (Lothians) (SNP)
Ingram, Mr Adam (South of Scotland) (SNP)
Kane, Rosie (Glasgow) (SSP)
MacAskill, Mr Kenny (Lothians) (SNP)
Marwick, Tricia (Mid Scotland and Fife) (SNP)
Mather, Jim (Highlands and Islands) (SNP)
Matheson, Michael (Central Scotland) (SNP)
McFee, Mr Bruce (West of Scotland) (SNP)
Morgan, Alasdair (South of Scotland) (SNP)
Neil, Alex (Central Scotland) (SNP)
Robison, Shona (Dundee East) (SNP)
Ruskell, Mr Mark (Mid Scotland and Fife) (Green)
Scott, Eleanor (Highlands and Islands) (Green)
Stevenson, Stewart (Banff and Buchan) (SNP)
Sturgeon, Nicola (Glasgow) (SNP)
Welsh, Mr Andrew (Angus) (SNP)
White, Ms Sandra (Glasgow) (SNP)
Against
Aitken, Bill (Glasgow) (Con)
Alexander, Ms Wendy (Paisley North) (Lab)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Richard (North East Scotland) (Lab)
Barrie, Scott (Dunfermline West) (Lab)
Brankin, Rhona (Midlothian) (Lab)
Brown, Robert (Glasgow) (LD)
Butler, Bill (Glasgow Anniesland) (Lab)
Chisholm, Malcolm (Edinburgh North and Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)
Curran, Ms Margaret (Glasgow Baillieston) (Lab)
Davidson, Mr David (North East Scotland) (Con)
Deacon, Susan (Edinburgh East and Musselburgh) (Lab)
Douglas-Hamilton, Lord James (Lothians) (Con)
Eadie, Helen (Dunfermline East) (Lab)
Ferguson, Patricia (Glasgow Maryhill) (Lab)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gillon, Karen (Clydesdale) (Lab)
Glen, Marlyn (North East Scotland) (Lab)
Goldie, Miss Annabel (West of Scotland) (Con)
Gorrie, Donald (Central Scotland) (LD)
Henry, Hugh (Paisley South) (Lab)
Home Robertson, Mr John (East Lothian) (Lab)
Hughes, Janis (Glasgow Rutherglen) (Lab)
Jackson, Gordon (Glasgow Govan) (Lab)
Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)
Jamieson, Margaret (Kilmarnock and Loudoun) (Lab)
Johnstone, Alex (North East Scotland) (Con)
Kerr, Mr Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Lyon, George (Argyll and Bute) (LD)
Macdonald, Lewis (Aberdeen Central) (Lab)
Macintosh, Mr Kenneth (Eastwood) (Lab)
Maclean, Kate (Dundee West) (Lab)
Macmillan, Maureen (Highlands and Islands) (Lab)
Martin, Paul (Glasgow Springburn) (Lab)
May, Christine (Central Fife) (Lab)
McAveety, Mr Frank (Glasgow Shettleston) (Lab)
McCabe, Mr Tom (Hamilton South) (Lab)
McConnell, Mr Jack (Motherwell and Wishaw) (Lab)
McGrigor, Mr Jamie (Highlands and Islands) (Con)
McMahon, Michael (Hamilton North and Bellshill) (Lab)
McNeil, Mr Duncan (Greenock and Inverclyde) (Lab)
McNeill, Pauline (Glasgow Kelvin) (Lab)
McNulty, Des (Clydebank and Milngavie) (Lab)
Milne, Mrs Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Monteith, Mr Brian (Mid Scotland and Fife) (Con)
Morrison, Mr Alasdair (Western Isles) (Lab)
Muldoon, Bristow (Livingston) (Lab)
Mulligan, Mrs Mary (Linlithgow) (Lab)
Munro, John Farquhar (Ross, Skye and Inverness West) (LD)
Murray, Dr Elaine (Dumfries) (Lab)
Oldfather, Irene (Cunninghame South) (Lab)
Peacock, Peter (Highlands and Islands) (Lab)
Peattie, Cathy (Falkirk East) (Lab)
Pringle, Mike (Edinburgh South) (LD)
Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)
Radcliffe, Nora (Gordon) (LD)
Robson, Euan (Roxburgh and Berwickshire) (LD)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Scott, Tavish (Shetland) (LD)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Smith, Iain (North East Fife) (LD)
Smith, Margaret (Edinburgh West) (LD)
Swinburne, John (Central Scotland) (SSCUP)
Whitefield, Karen (Airdrie and Shotts) (Lab)
Wilson, Allan (Cunninghame North) (Lab)
The result of the division is: For 31, Against 70, Abstentions 0.
Amendment 2 disagreed to.
Section 1—Assaulting or impeding certain emergency workers responding to emergency circumstances
Group 2 is on workers who provide a rescue service on a body of water. Amendment 4, in the name of the minister, is grouped with amendments 5, 1 and 6.
In extending the bill's protection to crews of rescue vessels that are not operated by the Royal National Lifeboat Institution, our stage 2 amendment referred to
"purposes similar to those of the RNLI".
At stage 2, it was brought to my attention that, because the Royal National Lifeboat Institution describes its function with the phrase
"The RNLI saves lives at sea",
rescue vessels that save lives on bodies of water other than the sea might not be covered by the bill.
As I made clear to the Justice 1 Committee at the time, our intention was to draw comparisons with the water rescue operations of the RNLI, but the body of water on which those operations take place should be irrelevant. That is why our stage 2 amendment did not specify bodies of water. However, an amendment that makes that explicit will be helpful.
I sympathise, therefore, with the intention behind Stewart Stevenson's amendment 1, but I do not believe that it would achieve its purpose. Stewart Stevenson has argued that the reference to the purposes of the RNLI in the bill's existing definition of non-RNLI rescue vessels would have the effect of restricting the bill's protection to vessels that operate at sea. If that is the case, his proposed definition in amendment 1 might similarly restrict the bill to vessels that operate for the purpose of saving lives at sea, as his amendment would retain a reference to the purposes of the RNLI.
Jackie Baillie's amendments 5 and 6 provide an all-encompassing definition of the rescue crews that the bill seeks to protect. Her amendments would clarify that the bill will provide protection to crew members of any rescue vessel responding to emergency circumstances on any body of water. By focusing on the purpose for which the vessel operates—namely, water rescue—Jackie Baillie's amendments are consistent with the bill's focus on emergency circumstances. The important issue is the work of saving lives that rescue vessels undertake rather than the body of water on which that is undertaken. For those reasons, I will support amendments 5 and 6, but cannot support amendment 1.
Amendment 4 is a purely technical amendment that will ensure that the bill makes correct reference to the "Royal National Lifeboat Institution" rather than to the "Royal National Lifeboat Institute".
I move amendment 4.
I welcome the minister's comments. In briefly providing members with some background to amendments 5 and 6, I hope that I will be forgiven for being ever-so-slightly parochial.
The Loch Lomond rescue boat service, which is staffed by volunteers, operates 24 hours a day, seven days a week, 52 weeks a year. Quite simply, its objective is to save lives. However, the bill as introduced did not explicitly cover inland water rescue services. I agree with Pauline McNeill that we do not want to end up with a lengthy list of particular groups of workers, but the Loch Lomond rescue boat volunteers should be included, given that they are emergency workers who work in emergency circumstances.
We had quite a debate at stage 2, during which the minister helpfully sought to address that omission by amending the bill. Although the committee was generally supportive of his approach, we had lingering doubts as to whether we had achieved our aim. I shall not subject members to the finer arguments that were put by Stewart Stevenson on the role of the RNLI and on the differences between different bodies of water—he can be relied on to go over the arguments again.
Suffice it to say that amendments 5 and 6 are an attempt to put the matter beyond doubt. The amendments would include within the scope of the bill rescue boat services that operate in clearly defined emergency circumstances. In providing protection to crew members of any rescue vessel that responds to emergency circumstances on any body of water, the amendments are consistent with the overall approach of the bill.
I thank the minister for indicating the Executive's support for amendments 5 and 6, which I hope Parliament will support.
It is clear that the minister listened at stage 2, as he has articulated to perfection where I was coming from.
Given that the issue was originally raised by Jackie Baillie, I was delighted to hear the minister say that the Executive will accept her amendments. I have no intention of pressing amendment 1 in the face of such well-argued, well-reasoned and consistent support for Jackie Baillie's position. After a performance like that in sooking up to the Executive, one never knows, but she might be a minister soon. Friends in high places are always worth having.
Amendments 5 and 6 would remove the potential anomaly that the bill could cover rescue services at sea but not rescue services on inland waterways. Given the increase in the amount of activity on inland waterways, it is important that we provide appropriate support.
We will happily support Jackie Baillie's amendments 5 and 6 and the minister's technical amendment 4.
We will support amendment 4, which is a drafting amendment. We will not support the other amendments in the group, for the same reason that we opposed the amendments in group 1. The amendments would create a two-tier system of provision for public sector workers. All the provisions could be dealt with much better under the flexibility of common law.
I commend Jackie Baillie for her continuing support for the Loch Lomond rescue boat and other similar rescue vessels. I share her concern for ensuring that such rescue crews are adequately protected by the bill. The amendments that she has lodged provide helpful clarification. I accept entirely that Stewart Stevenson's amendments were well intentioned, but I do not believe that they would have achieved their purpose.
Amendment 4 agreed to.
Amendment 5 moved—[Jackie Baillie].
The question is, that amendment 5 be agreed to. Are we agreed?
No.
There will be a division.
For
Adam, Brian (Aberdeen North) (SNP)
Alexander, Ms Wendy (Paisley North) (Lab)
Baillie, Jackie (Dumbarton) (Lab)
Baird, Shiona (North East Scotland) (Green)
Baker, Richard (North East Scotland) (Lab)
Ballard, Mark (Lothians) (Green)
Barrie, Scott (Dunfermline West) (Lab)
Brankin, Rhona (Midlothian) (Lab)
Brown, Robert (Glasgow) (LD)
Butler, Bill (Glasgow Anniesland) (Lab)
Byrne, Ms Rosemary (South of Scotland) (SSP)
Canavan, Dennis (Falkirk West) (Ind)
Chisholm, Malcolm (Edinburgh North and Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)
Crawford, Bruce (Mid Scotland and Fife) (SNP)
Cunningham, Roseanna (Perth) (SNP)
Curran, Frances (West of Scotland) (SSP)
Curran, Ms Margaret (Glasgow Baillieston) (Lab)
Deacon, Susan (Edinburgh East and Musselburgh) (Lab)
Eadie, Helen (Dunfermline East) (Lab)
Ewing, Mrs Margaret (Moray) (SNP)
Fabiani, Linda (Central Scotland) (SNP)
Ferguson, Patricia (Glasgow Maryhill) (Lab)
Fox, Colin (Lothians) (SSP)
Gibson, Rob (Highlands and Islands) (SNP)
Gillon, Karen (Clydesdale) (Lab)
Glen, Marlyn (North East Scotland) (Lab)
Gorrie, Donald (Central Scotland) (LD)
Grahame, Christine (South of Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Paisley South) (Lab)
Home Robertson, Mr John (East Lothian) (Lab)
Hyslop, Fiona (Lothians) (SNP)
Ingram, Mr Adam (South of Scotland) (SNP)
Jackson, Gordon (Glasgow Govan) (Lab)
Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)
Jamieson, Margaret (Kilmarnock and Loudoun) (Lab)
Kane, Rosie (Glasgow) (SSP)
Kerr, Mr Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Lyon, George (Argyll and Bute) (LD)
MacAskill, Mr Kenny (Lothians) (SNP)
Macdonald, Lewis (Aberdeen Central) (Lab)
Macmillan, Maureen (Highlands and Islands) (Lab)
Martin, Paul (Glasgow Springburn) (Lab)
Marwick, Tricia (Mid Scotland and Fife) (SNP)
Mather, Jim (Highlands and Islands) (SNP)
Matheson, Michael (Central Scotland) (SNP)
May, Christine (Central Fife) (Lab)
McAveety, Mr Frank (Glasgow Shettleston) (Lab)
McCabe, Mr Tom (Hamilton South) (Lab)
McConnell, Mr Jack (Motherwell and Wishaw) (Lab)
McFee, Mr Bruce (West of Scotland) (SNP)
McMahon, Michael (Hamilton North and Bellshill) (Lab)
McNeil, Mr Duncan (Greenock and Inverclyde) (Lab)
McNeill, Pauline (Glasgow Kelvin) (Lab)
McNulty, Des (Clydebank and Milngavie) (Lab)
Morgan, Alasdair (South of Scotland) (SNP)
Morrison, Mr Alasdair (Western Isles) (Lab)
Muldoon, Bristow (Livingston) (Lab)
Mulligan, Mrs Mary (Linlithgow) (Lab)
Munro, John Farquhar (Ross, Skye and Inverness West) (LD)
Murray, Dr Elaine (Dumfries) (Lab)
Neil, Alex (Central Scotland) (SNP)
Oldfather, Irene (Cunninghame South) (Lab)
Peacock, Peter (Highlands and Islands) (Lab)
Peattie, Cathy (Falkirk East) (Lab)
Pringle, Mike (Edinburgh South) (LD)
Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)
Radcliffe, Nora (Gordon) (LD)
Robison, Shona (Dundee East) (SNP)
Robson, Euan (Roxburgh and Berwickshire) (LD)
Ruskell, Mr Mark (Mid Scotland and Fife) (Green)
Scott, Eleanor (Highlands and Islands) (Green)
Scott, Tavish (Shetland) (LD)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Smith, Iain (North East Fife) (LD)
Smith, Margaret (Edinburgh West) (LD)
Stephen, Nicol (Aberdeen South) (LD)
Stevenson, Stewart (Banff and Buchan) (SNP)
Sturgeon, Nicola (Glasgow) (SNP)
Welsh, Mr Andrew (Angus) (SNP)
White, Ms Sandra (Glasgow) (SNP)
Whitefield, Karen (Airdrie and Shotts) (Lab)
Wilson, Allan (Cunninghame North) (Lab)
Against
Davidson, Mr David (North East Scotland) (Con)
Douglas-Hamilton, Lord James (Lothians) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Miss Annabel (West of Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
McGrigor, Mr Jamie (Highlands and Islands) (Con)
Milne, Mrs Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Monteith, Mr Brian (Mid Scotland and Fife) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
The result of the division is: For 86, Against 11, Abstentions 0.
Amendment 5 agreed to.
Amendment 1 not moved.
Amendment 6 moved—[Jackie Baillie].
The question is, that amendment 6 be agreed to. Are we agreed?
No.
There will be a division.
For
Adam, Brian (Aberdeen North) (SNP)
Alexander, Ms Wendy (Paisley North) (Lab)
Baillie, Jackie (Dumbarton) (Lab)
Baird, Shiona (North East Scotland) (Green)
Baker, Richard (North East Scotland) (Lab)
Ballard, Mark (Lothians) (Green)
Barrie, Scott (Dunfermline West) (Lab)
Brankin, Rhona (Midlothian) (Lab)
Brown, Robert (Glasgow) (LD)
Butler, Bill (Glasgow Anniesland) (Lab)
Byrne, Ms Rosemary (South of Scotland) (SSP)
Canavan, Dennis (Falkirk West) (Ind)
Chisholm, Malcolm (Edinburgh North and Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)
Crawford, Bruce (Mid Scotland and Fife) (SNP)
Cunningham, Roseanna (Perth) (SNP)
Curran, Frances (West of Scotland) (SSP)
Curran, Ms Margaret (Glasgow Baillieston) (Lab)
Deacon, Susan (Edinburgh East and Musselburgh) (Lab)
Eadie, Helen (Dunfermline East) (Lab)
Ewing, Mrs Margaret (Moray) (SNP)
Fabiani, Linda (Central Scotland) (SNP)
Ferguson, Patricia (Glasgow Maryhill) (Lab)
Fox, Colin (Lothians) (SSP)
Gibson, Rob (Highlands and Islands) (SNP)
Gillon, Karen (Clydesdale) (Lab)
Glen, Marlyn (North East Scotland) (Lab)
Gorrie, Donald (Central Scotland) (LD)
Grahame, Christine (South of Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Paisley South) (Lab)
Home Robertson, Mr John (East Lothian) (Lab)
Hughes, Janis (Glasgow Rutherglen) (Lab)
Hyslop, Fiona (Lothians) (SNP)
Ingram, Mr Adam (South of Scotland) (SNP)
Jackson, Gordon (Glasgow Govan) (Lab)
Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)
Jamieson, Margaret (Kilmarnock and Loudoun) (Lab)
Johnstone, Alex (North East Scotland) (Con)
Kane, Rosie (Glasgow) (SSP)
Kerr, Mr Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Lyon, George (Argyll and Bute) (LD)
MacAskill, Mr Kenny (Lothians) (SNP)
Macdonald, Lewis (Aberdeen Central) (Lab)
Macintosh, Mr Kenneth (Eastwood) (Lab)
Maclean, Kate (Dundee West) (Lab)
Macmillan, Maureen (Highlands and Islands) (Lab)
Martin, Paul (Glasgow Springburn) (Lab)
Marwick, Tricia (Mid Scotland and Fife) (SNP)
Mather, Jim (Highlands and Islands) (SNP)
Matheson, Michael (Central Scotland) (SNP)
May, Christine (Central Fife) (Lab)
McAveety, Mr Frank (Glasgow Shettleston) (Lab)
McCabe, Mr Tom (Hamilton South) (Lab)
McFee, Mr Bruce (West of Scotland) (SNP)
McMahon, Michael (Hamilton North and Bellshill) (Lab)
McNeil, Mr Duncan (Greenock and Inverclyde) (Lab)
McNeill, Pauline (Glasgow Kelvin) (Lab)
McNulty, Des (Clydebank and Milngavie) (Lab)
Morgan, Alasdair (South of Scotland) (SNP)
Morrison, Mr Alasdair (Western Isles) (Lab)
Muldoon, Bristow (Livingston) (Lab)
Mulligan, Mrs Mary (Linlithgow) (Lab)
Munro, John Farquhar (Ross, Skye and Inverness West) (LD)
Murray, Dr Elaine (Dumfries) (Lab)
Neil, Alex (Central Scotland) (SNP)
Oldfather, Irene (Cunninghame South) (Lab)
Peacock, Peter (Highlands and Islands) (Lab)
Peattie, Cathy (Falkirk East) (Lab)
Pringle, Mike (Edinburgh South) (LD)
Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)
Radcliffe, Nora (Gordon) (LD)
Robison, Shona (Dundee East) (SNP)
Robson, Euan (Roxburgh and Berwickshire) (LD)
Ruskell, Mr Mark (Mid Scotland and Fife) (Green)
Scott, Eleanor (Highlands and Islands) (Green)
Scott, Tavish (Shetland) (LD)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Smith, Iain (North East Fife) (LD)
Smith, Margaret (Edinburgh West) (LD)
Stephen, Nicol (Aberdeen South) (LD)
Stevenson, Stewart (Banff and Buchan) (SNP)
Sturgeon, Nicola (Glasgow) (SNP)
Welsh, Mr Andrew (Angus) (SNP)
White, Ms Sandra (Glasgow) (SNP)
Whitefield, Karen (Airdrie and Shotts) (Lab)
Wilson, Allan (Cunninghame North) (Lab)
Against
Davidson, Mr David (North East Scotland) (Con)
Douglas-Hamilton, Lord James (Lothians) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Miss Annabel (West of Scotland) (Con)
McGrigor, Mr Jamie (Highlands and Islands) (Con)
Milne, Mrs Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
The result of the division is: For 89, Against 9, Abstentions 0.
Amendment 6 agreed to.
Amendment 3 not moved.
Group 3 is entitled "Definition of emergency worker: social workers". Amendment 7, in the name of the minister, is grouped with amendments 15, 16 and 8. If amendment 16 is agreed to, amendment 8 will be pre-empted.
I remind Parliament that this issue was considered in the Justice 1 Committee's stage 1 report and was discussed, debated and agreed at stage 2. At stage 1, the committee recommended that the bill be extended to cover the emergency role that is played by mental health officers and social workers in dealing with child protection orders. The Executive supported the amendments that were lodged by Mary Mulligan and Margaret Smith, which included mental health officers and social workers dealing with child protection orders.
Amendments 7 and 8 will extend the bill slightly further to include social workers who are dealing with emergency protection authorisations, which are similar to child protection orders. Such authorisations provide local authorities with the same powers to remove a child to a place of safety or to prevent the removal of a child. They act as a back-up to child protection orders, as they can be awarded by a justice of the peace when a child protection order cannot be obtained from a sheriff. Like child protection orders, they are intrinsically connected with emergencies and, as with child protection orders, social workers who are charged with enforcing them are essentially providing an emergency service. The Executive therefore believes that social workers who are dealing with emergency protection authorisations should be added to the list of workers who are protected in responding to emergency circumstances. I urge Parliament to support amendments 7 and 8.
The issues that are raised in Kenny MacAskill's amendments 15 and 16 were considered at stages 1 and 2, when he lodged similar amendments that were, after discussion by the Justice 1 Committee, withdrawn in favour of amendments lodged by Mary Mulligan and Margaret Smith. Essentially, amendments 15 and 16 would extend the circumstances in which the bill will protect social workers from the emergency situations that were identified by the committee—carrying out mental health officer functions and child protection activities—to their carrying out more routine duties. I cannot agree that the bill should be extended to protect social workers in undertaking their more routine activities; therefore, the Executive does not support Kenny MacAskill's amendments 15 and 16.
Amendment 15 relates to social workers carrying out assessments and investigating whether there is a need to apply for child protection orders. Although those are crucial functions, by their very nature they are about finding out whether emergency circumstances exist and so are not, in themselves, emergency responses. Therefore, they do not fall within the reach of the bill.
Amendment 16 would go still further by extending, in effect, the bill's protection to all social workers, which would serve to compound the problem that would be created by amendment 15 by including in the bill people who are much less likely to respond to emergency circumstances in their professional lives.
I also draw members' attention to significant technical problems that are presented by Kenny MacAskill's amendments. Although the problems being technical may make them seem unimportant, they are failings that would remove the protection that is offered by the bill. In removing the references to mental health officers, the amendments would exclude all such officers from the bill's protection. In carrying out duties under the Mental Health (Care and Treatment) (Scotland) Act 2003, such officers act not as social workers, but as mental health officers. Kenny MacAskill's amendments would make no provision for such workers and would, in effect, remove the protection that was secured for them at stage 2. I am sure that that is not what Kenny MacAskill intends; however, that would be the practical effect of his amendments.
Technical issues aside, I make it clear that I do not support amendments 15 and 16. I hope that, when he speaks, Kenny MacAskill will point out that the amendments are incompatible with each other. The Executive is clear that they are also incompatible with the bill's objectives. I have said that the bill is about protecting providers of emergency services. Common law, the Lord Advocate's guidance to procurators fiscal and our package of non-legislative measures will ensure that social workers who undertake any tasks in any other circumstances will be protected from verbal and physical assault. The bill highlights and seeks to address the particular problems that emergency workers face; undermining that deliberate aim would serve only to dilute the impact of this important legislation. For those reasons, the Executive does not support amendments 15 and 16.
I move amendment 7.
I appreciate the minister's comments and accept that amendment 7 represents an advance. However, in pressing amendments 15 and 16, I point out that the devil is in the detail and that we are dealing with matters that will result in criminal prosecutions, that will be pored over by sheriffs and that will be argued by learned advocates and solicitors in courts throughout the land. As a result, we must get things as right as possible.
It is not enough simply to fall back on the argument that common law can already deal with such matters. Indeed, the arguments that have been made in response to my amendments were raised in the earlier discussion between the minister and my colleague Stewart Stevenson. The bill's purpose is to go beyond the common law. We do not subscribe to the Conservatives' view of the bill; we appreciate the logic in introducing legislation that will ensure that we try to change the culture and that makes it quite clear from the highest position in the land that certain behaviour is unacceptable. I say again that we do not accept the argument that, in respect of the bill's provisions, the catch-all provision exists in common law. The bill must add value to the current provisions and let us get to where we want to go, which is why we need to be specific about certain definitions. That is the purpose of amendments 15 and 16.
I accept that difficulties remain about how we specify matters. Amendment 15 seeks to broaden the bill's definition of emergency worker, and amendment 16 seeks to deepen it. I have listened to the points that have been made and acknowledge that the minister is taking matters substantially beyond the current situation; indeed, organisations, especially the Association of Directors of Social Work, welcome that. However, as Stewart Stevenson pointed out, social workers and those who act in a health care capacity still face significant problems. Not every emergency that a social worker goes into will fall within the current criteria. For example, they might have to act in response to a telephone call or other information and deal with a situation in which a warrant would not be required.
I appreciate that we need to find out how the legislation beds down and works in practice and I welcome the minister's earlier comment that the book is not closed as far as categories of emergency workers are concerned. However, some social workers have to deal with extremely difficult situations that might require a police escort. They will not be covered by the bill's provisions if, for example, that escort is not available and they are assaulted. I realise that the common law is available to procurators fiscal and sheriffs who have to deal with such offences. However, in moving amendments 15 and 16, I seek to put on record the various difficult circumstances that are faced by social workers—who often do not get the credit that they deserve—and which should be covered by the bill. Although I welcome amendment 7, I will press my amendments.
In calling Scott Barrie and Margaret Mitchell, I ask for short contributions.
I take that on board.
Kenny MacAskill is absolutely right to say that amendments 15 and 16 seek to broaden the bill's current definition. However, although child assessment orders under the Children (Scotland) Act 1995 are part of the child protection system, they do not represent the emergency elements of it. Instead, they are seen as a means of gathering more information to ensure that direct emergency intervention is not needed.
In such a case, one seeks a child protection order via the sheriff. As Pauline McNeill said, we must be careful about the amendments that have been lodged by Stewart Stevenson. If the bill is about emergency workers in emergency situations, we need to hold on to that point firmly. I was previously a social worker, so I welcome the opportunity to acknowledge the hard work and difficult task of social workers, but we cannot say that social workers are acting in emergency situations when they do the work that is entailed under sections 53 and 55 of the Children (Scotland) Act 1995, or in some of the more routine work that they do.
If we agree to amendments such as those that have been lodged by Stewart Stevenson and Kenny MacAskill, other local authority colleagues who work in difficult situations—such as housing officers dealing with homeless families in emergency situations—will feel that they are being disadvantaged. The devil is in the detail, so we must be careful about broadening the scope of the bill too far so that we do not lose its main thrust.
Amendment 7 is consequential on amendment 8, which seeks to extend child protection to cover authorisation situations. Amendments 15 and 16 cover NHS workers in the community and social workers responding to mental health situations. Those amendments seek to extend the bill to cover social workers going into situations that could flare up at a moment's notice. The bill is intended to have a deterrent effect, and I therefore do not believe that it is appropriate to make such amendments.
The British Association of Social Workers has questioned the added value that would be offered by the introduction of the legislation. I agree with Kenny MacAskill that it is not really enough to invoke common law. What is certainly required is a high-profile campaign to highlight the problems that some workers, including social workers, are facing. The social work profession believes that it should have safer working practices, and employers, politicians and society at large should be more aware of the fact that social workers face violent situations.
For those reasons, it is not appropriate to include amendments 15 and 16 in the bill, so we shall vote against them.
It is crucial that the bill provide the right level of protection to those who genuinely provide emergency services. We believe that the bill as amended at stage 2 and the Executive's additional amendment—amendment 8—will extend protection to social workers who are most likely to respond to emergency circumstances, as they are defined in the bill.
In the interests of time, I will not repeat the arguments that I made against Kenny MacAskill's amendments, but I stress again that we cannot support amendments 15 and 16. However, a decision today need not rule out the possibility of protecting a broader range of social workers in the future. The bill's order-making power means that social workers who undertake duties other than those relating to child protection orders and emergency protection authorisations can, at a future date, be added to the list of workers who will be protected by the bill, if a case is made for their inclusion.
The question is, that amendment 7, in the name of the minister, be agreed to. Are we agreed?
No.
There will be a division.
For
Adam, Brian (Aberdeen North) (SNP)
Alexander, Ms Wendy (Paisley North) (Lab)
Baillie, Jackie (Dumbarton) (Lab)
Baird, Shiona (North East Scotland) (Green)
Baker, Richard (North East Scotland) (Lab)
Ballard, Mark (Lothians) (Green)
Barrie, Scott (Dunfermline West) (Lab)
Brankin, Rhona (Midlothian) (Lab)
Brown, Robert (Glasgow) (LD)
Butler, Bill (Glasgow Anniesland) (Lab)
Byrne, Ms Rosemary (South of Scotland) (SSP)
Canavan, Dennis (Falkirk West) (Ind)
Chisholm, Malcolm (Edinburgh North and Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)
Crawford, Bruce (Mid Scotland and Fife) (SNP)
Cunningham, Roseanna (Perth) (SNP)
Curran, Frances (West of Scotland) (SSP)
Curran, Ms Margaret (Glasgow Baillieston) (Lab)
Deacon, Susan (Edinburgh East and Musselburgh) (Lab)
Eadie, Helen (Dunfermline East) (Lab)
Ewing, Mrs Margaret (Moray) (SNP)
Fabiani, Linda (Central Scotland) (SNP)
Ferguson, Patricia (Glasgow Maryhill) (Lab)
Fox, Colin (Lothians) (SSP)
Gibson, Rob (Highlands and Islands) (SNP)
Gillon, Karen (Clydesdale) (Lab)
Glen, Marlyn (North East Scotland) (Lab)
Gorrie, Donald (Central Scotland) (LD)
Grahame, Christine (South of Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Paisley South) (Lab)
Home Robertson, Mr John (East Lothian) (Lab)
Hughes, Janis (Glasgow Rutherglen) (Lab)
Hyslop, Fiona (Lothians) (SNP)
Ingram, Mr Adam (South of Scotland) (SNP)
Jackson, Gordon (Glasgow Govan) (Lab)
Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)
Jamieson, Margaret (Kilmarnock and Loudoun) (Lab)
Kane, Rosie (Glasgow) (SSP)
Kerr, Mr Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Lyon, George (Argyll and Bute) (LD)
MacAskill, Mr Kenny (Lothians) (SNP)
Macdonald, Lewis (Aberdeen Central) (Lab)
Macintosh, Mr Kenneth (Eastwood) (Lab)
Maclean, Kate (Dundee West) (Lab)
Macmillan, Maureen (Highlands and Islands) (Lab)
Martin, Paul (Glasgow Springburn) (Lab)
Marwick, Tricia (Mid Scotland and Fife) (SNP)
Mather, Jim (Highlands and Islands) (SNP)
Matheson, Michael (Central Scotland) (SNP)
May, Christine (Central Fife) (Lab)
McAveety, Mr Frank (Glasgow Shettleston) (Lab)
McCabe, Mr Tom (Hamilton South) (Lab)
McFee, Mr Bruce (West of Scotland) (SNP)
McMahon, Michael (Hamilton North and Bellshill) (Lab)
McNeil, Mr Duncan (Greenock and Inverclyde) (Lab)
McNeill, Pauline (Glasgow Kelvin) (Lab)
McNulty, Des (Clydebank and Milngavie) (Lab)
Morgan, Alasdair (South of Scotland) (SNP)
Morrison, Mr Alasdair (Western Isles) (Lab)
Muldoon, Bristow (Livingston) (Lab)
Mulligan, Mrs Mary (Linlithgow) (Lab)
Munro, John Farquhar (Ross, Skye and Inverness West) (LD)
Murray, Dr Elaine (Dumfries) (Lab)
Neil, Alex (Central Scotland) (SNP)
Oldfather, Irene (Cunninghame South) (Lab)
Peacock, Peter (Highlands and Islands) (Lab)
Peattie, Cathy (Falkirk East) (Lab)
Pringle, Mike (Edinburgh South) (LD)
Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)
Radcliffe, Nora (Gordon) (LD)
Robison, Shona (Dundee East) (SNP)
Robson, Euan (Roxburgh and Berwickshire) (LD)
Ruskell, Mr Mark (Mid Scotland and Fife) (Green)
Scott, Eleanor (Highlands and Islands) (Green)
Scott, Tavish (Shetland) (LD)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Smith, Iain (North East Fife) (LD)
Smith, Margaret (Edinburgh West) (LD)
Stephen, Nicol (Aberdeen South) (LD)
Stevenson, Stewart (Banff and Buchan) (SNP)
Sturgeon, Nicola (Glasgow) (SNP)
Swinburne, John (Central Scotland) (SSCUP)
Welsh, Mr Andrew (Angus) (SNP)
White, Ms Sandra (Glasgow) (SNP)
Whitefield, Karen (Airdrie and Shotts) (Lab)
Wilson, Allan (Cunninghame North) (Lab)
Against
Aitken, Bill (Glasgow) (Con)
Davidson, Mr David (North East Scotland) (Con)
Douglas-Hamilton, Lord James (Lothians) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Miss Annabel (West of Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
McGrigor, Mr Jamie (Highlands and Islands) (Con)
McLetchie, David (Edinburgh Pentlands) (Con)
Milne, Mrs Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Monteith, Mr Brian (Mid Scotland and Fife) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
The result of the division is: For 88, Against 12, Abstentions 0.
Amendment 7 agreed to.
Amendment 15 moved—[Mr Kenny MacAskill].
The question is, that amendment 15, in the name of Kenny MacAskill, be agreed to. Are we agreed?
No.
There will be a division.
For
Adam, Brian (Aberdeen North) (SNP)
Baird, Shiona (North East Scotland) (Green)
Ballard, Mark (Lothians) (Green)
Byrne, Ms Rosemary (South of Scotland) (SSP)
Canavan, Dennis (Falkirk West) (Ind)
Crawford, Bruce (Mid Scotland and Fife) (SNP)
Cunningham, Roseanna (Perth) (SNP)
Curran, Frances (West of Scotland) (SSP)
Ewing, Mrs Margaret (Moray) (SNP)
Fabiani, Linda (Central Scotland) (SNP)
Fox, Colin (Lothians) (SSP)
Gibson, Rob (Highlands and Islands) (SNP)
Grahame, Christine (South of Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hyslop, Fiona (Lothians) (SNP)
Ingram, Mr Adam (South of Scotland) (SNP)
Kane, Rosie (Glasgow) (SSP)
MacAskill, Mr Kenny (Lothians) (SNP)
Marwick, Tricia (Mid Scotland and Fife) (SNP)
Mather, Jim (Highlands and Islands) (SNP)
Matheson, Michael (Central Scotland) (SNP)
McFee, Mr Bruce (West of Scotland) (SNP)
Morgan, Alasdair (South of Scotland) (SNP)
Neil, Alex (Central Scotland) (SNP)
Robison, Shona (Dundee East) (SNP)
Ruskell, Mr Mark (Mid Scotland and Fife) (Green)
Scott, Eleanor (Highlands and Islands) (Green)
Stevenson, Stewart (Banff and Buchan) (SNP)
Sturgeon, Nicola (Glasgow) (SNP)
Welsh, Mr Andrew (Angus) (SNP)
White, Ms Sandra (Glasgow) (SNP)
Against
Aitken, Bill (Glasgow) (Con)
Alexander, Ms Wendy (Paisley North) (Lab)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Richard (North East Scotland) (Lab)
Barrie, Scott (Dunfermline West) (Lab)
Brankin, Rhona (Midlothian) (Lab)
Brown, Robert (Glasgow) (LD)
Butler, Bill (Glasgow Anniesland) (Lab)
Chisholm, Malcolm (Edinburgh North and Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)
Curran, Ms Margaret (Glasgow Baillieston) (Lab)
Davidson, Mr David (North East Scotland) (Con)
Deacon, Susan (Edinburgh East and Musselburgh) (Lab)
Douglas-Hamilton, Lord James (Lothians) (Con)
Eadie, Helen (Dunfermline East) (Lab)
Ferguson, Patricia (Glasgow Maryhill) (Lab)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gillon, Karen (Clydesdale) (Lab)
Glen, Marlyn (North East Scotland) (Lab)
Goldie, Miss Annabel (West of Scotland) (Con)
Gorrie, Donald (Central Scotland) (LD)
Henry, Hugh (Paisley South) (Lab)
Home Robertson, Mr John (East Lothian) (Lab)
Hughes, Janis (Glasgow Rutherglen) (Lab)
Jackson, Gordon (Glasgow Govan) (Lab)
Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)
Jamieson, Margaret (Kilmarnock and Loudoun) (Lab)
Johnstone, Alex (North East Scotland) (Con)
Kerr, Mr Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Lyon, George (Argyll and Bute) (LD)
Macdonald, Lewis (Aberdeen Central) (Lab)
Macintosh, Mr Kenneth (Eastwood) (Lab)
Maclean, Kate (Dundee West) (Lab)
Macmillan, Maureen (Highlands and Islands) (Lab)
Martin, Paul (Glasgow Springburn) (Lab)
May, Christine (Central Fife) (Lab)
McAveety, Mr Frank (Glasgow Shettleston) (Lab)
McCabe, Mr Tom (Hamilton South) (Lab)
McGrigor, Mr Jamie (Highlands and Islands) (Con)
McLetchie, David (Edinburgh Pentlands) (Con)
McMahon, Michael (Hamilton North and Bellshill) (Lab)
McNeil, Mr Duncan (Greenock and Inverclyde) (Lab)
McNeill, Pauline (Glasgow Kelvin) (Lab)
McNulty, Des (Clydebank and Milngavie) (Lab)
Milne, Mrs Nanette (North East Scotland) (Con)
Monteith, Mr Brian (Mid Scotland and Fife) (Con)
Morrison, Mr Alasdair (Western Isles) (Lab)
Muldoon, Bristow (Livingston) (Lab)
Mulligan, Mrs Mary (Linlithgow) (Lab)
Munro, John Farquhar (Ross, Skye and Inverness West) (LD)
Murray, Dr Elaine (Dumfries) (Lab)
Oldfather, Irene (Cunninghame South) (Lab)
Peacock, Peter (Highlands and Islands) (Lab)
Peattie, Cathy (Falkirk East) (Lab)
Pringle, Mike (Edinburgh South) (LD)
Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)
Radcliffe, Nora (Gordon) (LD)
Robson, Euan (Roxburgh and Berwickshire) (LD)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, Tavish (Shetland) (LD)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Smith, Iain (North East Fife) (LD)
Smith, Margaret (Edinburgh West) (LD)
Stephen, Nicol (Aberdeen South) (LD)
Swinburne, John (Central Scotland) (SSCUP)
Whitefield, Karen (Airdrie and Shotts) (Lab)
Wilson, Allan (Cunninghame North) (Lab)
The result of the division is: For 31, Against 69, Abstentions 0.
Amendment 15 disagreed to.
Amendment 16 moved—[Mr Kenny MacAskill].
The question is, that amendment 16, in the name of Kenny MacAskill, be agreed to. Are we agreed?
No.
There will be a division.
For
Adam, Brian (Aberdeen North) (SNP)
Baird, Shiona (North East Scotland) (Green)
Ballard, Mark (Lothians) (Green)
Byrne, Ms Rosemary (South of Scotland) (SSP)
Canavan, Dennis (Falkirk West) (Ind)
Cunningham, Roseanna (Perth) (SNP)
Curran, Frances (West of Scotland) (SSP)
Ewing, Mrs Margaret (Moray) (SNP)
Fabiani, Linda (Central Scotland) (SNP)
Fox, Colin (Lothians) (SSP)
Gibson, Rob (Highlands and Islands) (SNP)
Grahame, Christine (South of Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hyslop, Fiona (Lothians) (SNP)
Ingram, Mr Adam (South of Scotland) (SNP)
Kane, Rosie (Glasgow) (SSP)
MacAskill, Mr Kenny (Lothians) (SNP)
Marwick, Tricia (Mid Scotland and Fife) (SNP)
Mather, Jim (Highlands and Islands) (SNP)
Matheson, Michael (Central Scotland) (SNP)
McFee, Mr Bruce (West of Scotland) (SNP)
Morgan, Alasdair (South of Scotland) (SNP)
Neil, Alex (Central Scotland) (SNP)
Robison, Shona (Dundee East) (SNP)
Ruskell, Mr Mark (Mid Scotland and Fife) (Green)
Scott, Eleanor (Highlands and Islands) (Green)
Stevenson, Stewart (Banff and Buchan) (SNP)
Sturgeon, Nicola (Glasgow) (SNP)
Welsh, Mr Andrew (Angus) (SNP)
White, Ms Sandra (Glasgow) (SNP)
Against
Aitken, Bill (Glasgow) (Con)
Alexander, Ms Wendy (Paisley North) (Lab)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Richard (North East Scotland) (Lab)
Barrie, Scott (Dunfermline West) (Lab)
Brankin, Rhona (Midlothian) (Lab)
Brown, Robert (Glasgow) (LD)
Butler, Bill (Glasgow Anniesland) (Lab)
Chisholm, Malcolm (Edinburgh North and Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)
Curran, Ms Margaret (Glasgow Baillieston) (Lab)
Davidson, Mr David (North East Scotland) (Con)
Deacon, Susan (Edinburgh East and Musselburgh) (Lab)
Douglas-Hamilton, Lord James (Lothians) (Con)
Eadie, Helen (Dunfermline East) (Lab)
Ferguson, Patricia (Glasgow Maryhill) (Lab)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gillon, Karen (Clydesdale) (Lab)
Glen, Marlyn (North East Scotland) (Lab)
Goldie, Miss Annabel (West of Scotland) (Con)
Gorrie, Donald (Central Scotland) (LD)
Henry, Hugh (Paisley South) (Lab)
Home Robertson, Mr John (East Lothian) (Lab)
Hughes, Janis (Glasgow Rutherglen) (Lab)
Jackson, Gordon (Glasgow Govan) (Lab)
Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)
Jamieson, Margaret (Kilmarnock and Loudoun) (Lab)
Johnstone, Alex (North East Scotland) (Con)
Kerr, Mr Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Lyon, George (Argyll and Bute) (LD)
Macdonald, Lewis (Aberdeen Central) (Lab)
Macintosh, Mr Kenneth (Eastwood) (Lab)
Maclean, Kate (Dundee West) (Lab)
Macmillan, Maureen (Highlands and Islands) (Lab)
Martin, Paul (Glasgow Springburn) (Lab)
May, Christine (Central Fife) (Lab)
McAveety, Mr Frank (Glasgow Shettleston) (Lab)
McCabe, Mr Tom (Hamilton South) (Lab)
McGrigor, Mr Jamie (Highlands and Islands) (Con)
McLetchie, David (Edinburgh Pentlands) (Con)
McMahon, Michael (Hamilton North and Bellshill) (Lab)
McNeil, Mr Duncan (Greenock and Inverclyde) (Lab)
McNeill, Pauline (Glasgow Kelvin) (Lab)
McNulty, Des (Clydebank and Milngavie) (Lab)
Milne, Mrs Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Monteith, Mr Brian (Mid Scotland and Fife) (Con)
Morrison, Mr Alasdair (Western Isles) (Lab)
Muldoon, Bristow (Livingston) (Lab)
Mulligan, Mrs Mary (Linlithgow) (Lab)
Munro, John Farquhar (Ross, Skye and Inverness West) (LD)
Murray, Dr Elaine (Dumfries) (Lab)
Oldfather, Irene (Cunninghame South) (Lab)
Peacock, Peter (Highlands and Islands) (Lab)
Peattie, Cathy (Falkirk East) (Lab)
Pringle, Mike (Edinburgh South) (LD)
Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)
Radcliffe, Nora (Gordon) (LD)
Robson, Euan (Roxburgh and Berwickshire) (LD)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, Tavish (Shetland) (LD)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Smith, Iain (North East Fife) (LD)
Smith, Margaret (Edinburgh West) (LD)
Stephen, Nicol (Aberdeen South) (LD)
Swinburne, John (Central Scotland) (SSCUP)
Whitefield, Karen (Airdrie and Shotts) (Lab)
Wilson, Allan (Cunninghame North) (Lab)
The result of the division is: For 30, Against 70, Abstentions 0.
Amendment 16 disagreed to.
Amendment 8 moved—[Mr Tom McCabe].
The question is, that amendment 8 be agreed to. Are we agreed?
No.
For
Adam, Brian (Aberdeen North) (SNP)
Alexander, Ms Wendy (Paisley North) (Lab)
Baillie, Jackie (Dumbarton) (Lab)
Baird, Shiona (North East Scotland) (Green)
Baker, Richard (North East Scotland) (Lab)
Ballard, Mark (Lothians) (Green)
Barrie, Scott (Dunfermline West) (Lab)
Brankin, Rhona (Midlothian) (Lab)
Brown, Robert (Glasgow) (LD)
Butler, Bill (Glasgow Anniesland) (Lab)
Byrne, Ms Rosemary (South of Scotland) (SSP)
Canavan, Dennis (Falkirk West) (Ind)
Chisholm, Malcolm (Edinburgh North and Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)
Crawford, Bruce (Mid Scotland and Fife) (SNP)
Cunningham, Roseanna (Perth) (SNP)
Curran, Frances (West of Scotland) (SSP)
Curran, Ms Margaret (Glasgow Baillieston) (Lab)
Deacon, Susan (Edinburgh East and Musselburgh) (Lab)
Eadie, Helen (Dunfermline East) (Lab)
Ewing, Mrs Margaret (Moray) (SNP)
Fabiani, Linda (Central Scotland) (SNP)
Ferguson, Patricia (Glasgow Maryhill) (Lab)
Fox, Colin (Lothians) (SSP)
Gibson, Rob (Highlands and Islands) (SNP)
Gillon, Karen (Clydesdale) (Lab)
Glen, Marlyn (North East Scotland) (Lab)
Gorrie, Donald (Central Scotland) (LD)
Grahame, Christine (South of Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Paisley South) (Lab)
Home Robertson, Mr John (East Lothian) (Lab)
Hughes, Janis (Glasgow Rutherglen) (Lab)
Hyslop, Fiona (Lothians) (SNP)
Ingram, Mr Adam (South of Scotland) (SNP)
Jackson, Gordon (Glasgow Govan) (Lab)
Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)
Jamieson, Margaret (Kilmarnock and Loudoun) (Lab)
Kane, Rosie (Glasgow) (SSP)
Kerr, Mr Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Lyon, George (Argyll and Bute) (LD)
MacAskill, Mr Kenny (Lothians) (SNP)
Macdonald, Lewis (Aberdeen Central) (Lab)
Macintosh, Mr Kenneth (Eastwood) (Lab)
Maclean, Kate (Dundee West) (Lab)
Macmillan, Maureen (Highlands and Islands) (Lab)
Martin, Paul (Glasgow Springburn) (Lab)
Marwick, Tricia (Mid Scotland and Fife) (SNP)
Mather, Jim (Highlands and Islands) (SNP)
Matheson, Michael (Central Scotland) (SNP)
May, Christine (Central Fife) (Lab)
McAveety, Mr Frank (Glasgow Shettleston) (Lab)
McCabe, Mr Tom (Hamilton South) (Lab)
McFee, Mr Bruce (West of Scotland) (SNP)
McMahon, Michael (Hamilton North and Bellshill) (Lab)
McNeil, Mr Duncan (Greenock and Inverclyde) (Lab)
McNeill, Pauline (Glasgow Kelvin) (Lab)
McNulty, Des (Clydebank and Milngavie) (Lab)
Morgan, Alasdair (South of Scotland) (SNP)
Morrison, Mr Alasdair (Western Isles) (Lab)
Muldoon, Bristow (Livingston) (Lab)
Mulligan, Mrs Mary (Linlithgow) (Lab)
Munro, John Farquhar (Ross, Skye and Inverness West) (LD)
Murray, Dr Elaine (Dumfries) (Lab)
Neil, Alex (Central Scotland) (SNP)
Oldfather, Irene (Cunninghame South) (Lab)
Peacock, Peter (Highlands and Islands) (Lab)
Peattie, Cathy (Falkirk East) (Lab)
Pringle, Mike (Edinburgh South) (LD)
Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)
Radcliffe, Nora (Gordon) (LD)
Robison, Shona (Dundee East) (SNP)
Robson, Euan (Roxburgh and Berwickshire) (LD)
Ruskell, Mr Mark (Mid Scotland and Fife) (Green)
Scott, Eleanor (Highlands and Islands) (Green)
Scott, Tavish (Shetland) (LD)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Smith, Iain (North East Fife) (LD)
Smith, Margaret (Edinburgh West) (LD)
Stephen, Nicol (Aberdeen South) (LD)
Stevenson, Stewart (Banff and Buchan) (SNP)
Sturgeon, Nicola (Glasgow) (SNP)
Swinburne, John (Central Scotland) (SSCUP)
Welsh, Mr Andrew (Angus) (SNP)
White, Ms Sandra (Glasgow) (SNP)
Whitefield, Karen (Airdrie and Shotts) (Lab)
Wilson, Allan (Cunninghame North) (Lab)
Against
Aitken, Bill (Glasgow) (Con)
Davidson, Mr David (North East Scotland) (Con)
Douglas-Hamilton, Lord James (Lothians) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Miss Annabel (West of Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
McGrigor, Mr Jamie (Highlands and Islands) (Con)
McLetchie, David (Edinburgh Pentlands) (Con)
Milne, Mrs Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Monteith, Mr Brian (Mid Scotland and Fife) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
The result of the division is: For 89, Against 13, Abstentions 0.
Amendment 8 agreed to.
Section 2—Provisions supplementary to sections A1 to 1A
Amendment 9, in the name of the minister, is grouped with amendments 10, 11, 13 and 14.
During stage 2, I was asked whether the bill's order-making power would enable the Executive to move a group of workers from one section of the bill to another. I confirmed that it would.
I have considered the issue further and my view is now that it would be helpful for the bill to be more explicit on that. Amendment 14 is a technical amendment that reflects the changes that were made to the bill at stage 2 and clarifies that the order-making power may be exercised so as to move a group of workers from one section to another. It also simplifies the process of changing the level of protection that is afforded to any group of workers by moving them from one section of the bill to another.
Amendments 9 to 11 and 13 have been lodged for purely technical reasons. They will ensure that the language in the bill is consistent.
I move amendment 9.
Amendment 9 agreed to.
Amendments 10 and 11 moved—[Mr Tom McCabe]—and agreed to.
Section 3—Assaulting or impeding health workers in hospital premises
Amendment 12, in the name of the minister, is in a group on its own.
Amendment 12 will ensure that the Executive's policy objective of providing on-duty protection to doctors, nurses, midwives, ambulance workers and people who assist them anywhere in the grounds of a hospital can be fully satisfied. The bill as amended at stage 2 will clearly protect such persons in hospital buildings, but amendment 12 will ensure that they are also protected when they are outside the hospital building but on the hospital campus.
I move amendment 12.
I call Stewart Stevenson, to be followed by Margaret Mitchell, but I ask them to be very brief, as the axe will fall in four minutes.
We support amendment 12, which represents a useful but small increment. However, the matter of other health service premises—such as health centres, where doctors, nurses and others who are equally deserving of protection work—has been left wide open. We hope that the minister will revisit the matter in the future.
Amendment 12 seeks to second-guess particular emergency circumstances and therefore epitomises everything that is wrong with the bill. Common law has the flexibility and the power to deal with any given situation with the correct degree of severity. We will not support amendment 12.
Do you want to add anything, minister?
In the interests of time, I will not.
The question is, that amendment 12 be agreed to. Are we agreed?
No.
There will be a division.
For
Adam, Brian (Aberdeen North) (SNP)
Alexander, Ms Wendy (Paisley North) (Lab)
Baillie, Jackie (Dumbarton) (Lab)
Baird, Shiona (North East Scotland) (Green)
Baker, Richard (North East Scotland) (Lab)
Ballard, Mark (Lothians) (Green)
Barrie, Scott (Dunfermline West) (Lab)
Brankin, Rhona (Midlothian) (Lab)
Brown, Robert (Glasgow) (LD)
Butler, Bill (Glasgow Anniesland) (Lab)
Byrne, Ms Rosemary (South of Scotland) (SSP)
Canavan, Dennis (Falkirk West) (Ind)
Chisholm, Malcolm (Edinburgh North and Leith) (Lab)
Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)
Crawford, Bruce (Mid Scotland and Fife) (SNP)
Cunningham, Roseanna (Perth) (SNP)
Curran, Frances (West of Scotland) (SSP)
Curran, Ms Margaret (Glasgow Baillieston) (Lab)
Deacon, Susan (Edinburgh East and Musselburgh) (Lab)
Eadie, Helen (Dunfermline East) (Lab)
Fabiani, Linda (Central Scotland) (SNP)
Ferguson, Patricia (Glasgow Maryhill) (Lab)
Fox, Colin (Lothians) (SSP)
Gibson, Rob (Highlands and Islands) (SNP)
Gillon, Karen (Clydesdale) (Lab)
Glen, Marlyn (North East Scotland) (Lab)
Gorrie, Donald (Central Scotland) (LD)
Grahame, Christine (South of Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Paisley South) (Lab)
Home Robertson, Mr John (East Lothian) (Lab)
Hughes, Janis (Glasgow Rutherglen) (Lab)
Hyslop, Fiona (Lothians) (SNP)
Ingram, Mr Adam (South of Scotland) (SNP)
Jackson, Gordon (Glasgow Govan) (Lab)
Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)
Jamieson, Margaret (Kilmarnock and Loudoun) (Lab)
Kane, Rosie (Glasgow) (SSP)
Kerr, Mr Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Livingstone, Marilyn (Kirkcaldy) (Lab)
Lyon, George (Argyll and Bute) (LD)
MacAskill, Mr Kenny (Lothians) (SNP)
Macdonald, Lewis (Aberdeen Central) (Lab)
Macintosh, Mr Kenneth (Eastwood) (Lab)
Maclean, Kate (Dundee West) (Lab)
Macmillan, Maureen (Highlands and Islands) (Lab)
Martin, Paul (Glasgow Springburn) (Lab)
Marwick, Tricia (Mid Scotland and Fife) (SNP)
Mather, Jim (Highlands and Islands) (SNP)
Matheson, Michael (Central Scotland) (SNP)
May, Christine (Central Fife) (Lab)
McAveety, Mr Frank (Glasgow Shettleston) (Lab)
McCabe, Mr Tom (Hamilton South) (Lab)
McFee, Mr Bruce (West of Scotland) (SNP)
McMahon, Michael (Hamilton North and Bellshill) (Lab)
McNeil, Mr Duncan (Greenock and Inverclyde) (Lab)
McNeill, Pauline (Glasgow Kelvin) (Lab)
McNulty, Des (Clydebank and Milngavie) (Lab)
Morgan, Alasdair (South of Scotland) (SNP)
Morrison, Mr Alasdair (Western Isles) (Lab)
Muldoon, Bristow (Livingston) (Lab)
Mulligan, Mrs Mary (Linlithgow) (Lab)
Munro, John Farquhar (Ross, Skye and Inverness West) (LD)
Murray, Dr Elaine (Dumfries) (Lab)
Neil, Alex (Central Scotland) (SNP)
Oldfather, Irene (Cunninghame South) (Lab)
Peacock, Peter (Highlands and Islands) (Lab)
Peattie, Cathy (Falkirk East) (Lab)
Pringle, Mike (Edinburgh South) (LD)
Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)
Radcliffe, Nora (Gordon) (LD)
Robison, Shona (Dundee East) (SNP)
Robson, Euan (Roxburgh and Berwickshire) (LD)
Ruskell, Mr Mark (Mid Scotland and Fife) (Green)
Scott, Eleanor (Highlands and Islands) (Green)
Scott, Tavish (Shetland) (LD)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Smith, Iain (North East Fife) (LD)
Smith, Margaret (Edinburgh West) (LD)
Stevenson, Stewart (Banff and Buchan) (SNP)
Sturgeon, Nicola (Glasgow) (SNP)
Swinburne, John (Central Scotland) (SSCUP)
Welsh, Mr Andrew (Angus) (SNP)
White, Ms Sandra (Glasgow) (SNP)
Whitefield, Karen (Airdrie and Shotts) (Lab)
Wilson, Allan (Cunninghame North) (Lab)
Against
Aitken, Bill (Glasgow) (Con)
Davidson, Mr David (North East Scotland) (Con)
Douglas-Hamilton, Lord James (Lothians) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Goldie, Miss Annabel (West of Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
McGrigor, Mr Jamie (Highlands and Islands) (Con)
McLetchie, David (Edinburgh Pentlands) (Con)
Milne, Mrs Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Monteith, Mr Brian (Mid Scotland and Fife) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Tosh, Murray (West of Scotland) (Con)
The result of the division is: For 87, Against 14, Abstentions 0.
Amendment 12 agreed to.
Amendment 13 moved—[Mr Tom McCabe]—and agreed to.
Section 6—Power to modify
Amendment 14 moved—[Mr Tom McCabe]—and agreed to.
That ends consideration of amendments.