Plenary, 26 Jan 2005

Meeting date: Wednesday, January 26, 2005

Official Report 453KB pdf

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Business Motion

The next item of business is consideration of business motion S2M-2316, in the name of Margaret Curran, on behalf of the Parliamentary Bureau, setting out a business programme.

Motion moved,

That the Parliament agrees the following programme of business—

Wednesday 2 February 2005

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 1 Debate: Gaelic Language (Scotland) Bill

followed by Financial Resolution in respect of the Gaelic Language (Scotland) Bill

followed by Motion on Serious Organised Crime and Police Bill – UK Legislation

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 3 February 2005

9.30 am Parliamentary Bureau Motions

followed by Scottish National Party Business

12 noon First Minister's Question Time

2.00 pm Question Time—

Environment and Rural Development;

Health and Community Care;

General Questions

3.00 pm Ministerial Statement: Grant Awards

followed by Executive Debate: Local Government Finance (Scotland) Order 2005

followed by Motion on Inquiries Bill – UK Legislation

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Wednesday 9 February 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Water Services (Scotland) Bill

followed by Stage 3 Proceedings: Budget (Scotland) (No.2) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 10 February 2005

9.30 am Parliamentary Bureau Motions

followed by Non-Executive Business

12 noon First Minister's Question Time

2.00 pm Question Time—

Enterprise, Lifelong Learning and Transport;

Justice and Law Officers; General Questions

3.00 pm Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business.—[Ms Margaret Curran.]

I move that we vote against the business motion because I do not think that the Scottish Parliament should be giving any consideration to the Sewel motion on the Serious Organised Crime and Police Bill. The effect of such a motion would be to give our approval to the Westminster Parliament's repeal of an important amendment that I successfully moved during the passage of the Land Reform (Scotland) Act 2003 in order to extend the right of responsible access to land owned by the Queen in her private capacity.

The Land Reform (Scotland) Act 2003 is one of the most progressive pieces of legislation that the Parliament has passed. My amendment eventually received the support of the Scottish Executive after indications were given by the palace that the Queen had no objections. It subsequently received the unanimous approval of the Parliament. However, it appears that someone at Westminster has now objected and wants to fire an Exocet through an important piece of legislation that was passed by the Scottish Parliament.

Furthermore, I understand that the matter is still being considered by the Justice 2 Committee and therefore the Executive should not ask the Parliament to give rushed approval to a Sewel motion on it next week. It would be an abrogation of our responsibility to approve the transfer of decision making on this matter to Westminster. It is quite clear that the matter should be fully debated and decided on by this Parliament. I therefore move that we reject the business motion.

I am obliged to Mr Canavan for giving way, which will enable me briefly to highlight the reason why the Conservative group will support his efforts to block the business motion. It appears that we are wallowing in a sea of Sewels.

Not a speech, Mr Aitken.

I know that the matter is causing concern throughout the chamber. As far as we are concerned, Sewel motions are a perfectly appropriate way to dispose of business, but the motion to which Mr Canavan refers is one Sewel too far. We should debate the matter in a primary rather than a secondary fashion. We will support Mr Canavan today.

I am grateful to Bill Aitken for that helpful intervention. The fact that he and the Tories appear to agree with me on this important matter is an indication of the breadth of support for it. It would be an absolute disgrace if the Labour–Liberal coalition were to rush forward with the Sewel motion next week. In effect, that would deprive the Parliament of the opportunity fully to debate, consider and decide on the matter.

As Mr Canavan and other members are aware, the Sewel motion was subject to detailed scrutiny in committee yesterday. As I understand it, the committee will meet again next week, prior to the debate in the chamber, and will report on its findings. As you are aware, Presiding Officer, during the Parliamentary Bureau's discussion on forthcoming business yesterday I acknowledged the importance that members attach to the issues that are covered by the Sewel motion and other parties' business managers recognised that I had gone to considerable lengths to address the issues that they raised with me. To that extent, I was happy to agree to an extended debate in the chamber next week.

Having said that, I acknowledge that some members are concerned about the Sewel motion, particularly in the light of misleading articles—and, I have to say, some misleading statements—both in the press and in the chamber today. I am therefore happy to arrange for officials to brief any member on the true effects of the Sewel motion prior to next week's debate.

Will the minister take an intervention?

No. This is the Executive that brought forward the Land Reform (Scotland) Act 2003. It is important for members to make informed decisions in the light of the facts. Accordingly, I ask members to approve the business motion.

The question is, that motion S2M-2316, in the name of Margaret Curran, on behalf of the Parliamentary Bureau, setting out a business programme, be agreed to. Are we agreed?

No.

There will be a division.

For

Alexander, Ms Wendy (Paisley North) (Lab)
Arbuckle, Mr Andrew (Mid Scotland and Fife) (LD)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Richard (North East Scotland) (Lab)
Barrie, Scott (Dunfermline West) (Lab)
Boyack, Sarah (Edinburgh Central) (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)
Deacon, Susan (Edinburgh East and Musselburgh) (Lab)
Eadie, Helen (Dunfermline East) (Lab)
Ferguson, Patricia (Glasgow Maryhill) (Lab)
Finnie, Ross (West of Scotland) (LD)
Gillon, Karen (Clydesdale) (Lab)
Glen, Marlyn (North East Scotland) (Lab)
Godman, Trish (West Renfrewshire) (Lab)
Gorrie, Donald (Central Scotland) (LD)
Henry, Hugh (Paisley South) (Lab)
Home Robertson, Mr John (East Lothian) (Lab)
Hughes, Janis (Glasgow Rutherglen) (Lab)
Jackson, Dr Sylvia (Stirling) (Lab)
Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)
Jamieson, Margaret (Kilmarnock and Loudoun) (Lab)
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)
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)
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)
Rumbles, Mike (West Aberdeenshire and Kincardine) (LD)
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)
Stone, Mr Jamie (Caithness, Sutherland and Easter Ross) (LD)
Watson, Mike (Glasgow Cathcart) (Lab)
Whitefield, Karen (Airdrie and Shotts) (Lab)
Wilson, Allan (Cunninghame North) (Lab)

Against

Adam, Brian (Aberdeen North) (SNP)
Aitken, Bill (Glasgow) (Con)
Baird, Shiona (North East Scotland) (Green)
Ballance, Chris (South of Scotland) (Green)
Ballard, Mark (Lothians) (Green)
Brocklebank, Mr Ted (Mid Scotland and Fife) (Con)
Byrne, Ms Rosemary (South of Scotland) (SSP)
Canavan, Dennis (Falkirk West) (Ind)
Cunningham, Roseanna (Perth) (SNP)
Davidson, Mr David (North East Scotland) (Con)
Douglas-Hamilton, Lord James (Lothians) (Con)
Ewing, Fergus (Inverness East, Nairn and Lochaber) (SNP)
Ewing, Mrs Margaret (Moray) (SNP)
Fabiani, Linda (Central Scotland) (SNP)
Fox, Colin (Lothians) (SSP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallie, Phil (South of Scotland) (Con)
Gibson, Rob (Highlands and Islands) (SNP)
Goldie, Miss Annabel (West of Scotland) (Con)
Grahame, Christine (South of Scotland) (SNP)
Harper, Robin (Lothians) (Green)
Harvie, Patrick (Glasgow) (Green)
Hyslop, Fiona (Lothians) (SNP)
Ingram, Mr Adam (South of Scotland) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Kane, Rosie (Glasgow) (SSP)
Leckie, Carolyn (Central Scotland) (SSP)
Lochhead, Richard (North East Scotland) (SNP)
MacAskill, Mr Kenny (Lothians) (SNP)
MacDonald, Margo (Lothians) (Ind)
Martin, Campbell (West of Scotland) (Ind)
Marwick, Tricia (Mid Scotland and Fife) (SNP)
Mather, Jim (Highlands and Islands) (SNP)
Matheson, Michael (Central Scotland) (SNP)
Maxwell, Mr Stewart (West of Scotland) (SNP)
McFee, Mr Bruce (West of Scotland) (SNP)
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)
Mundell, David (South of Scotland) (Con)
Neil, Alex (Central Scotland) (SNP)
Robison, Shona (Dundee East) (SNP)
Ruskell, Mr Mark (Mid Scotland and Fife) (Green)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, Eleanor (Highlands and Islands) (Green)
Scott, John (Ayr) (Con)
Sheridan, Tommy (Glasgow) (SSP)
Stevenson, Stewart (Banff and Buchan) (SNP)
Sturgeon, Nicola (Glasgow) (SNP)
Swinburne, John (Central Scotland) (SSCUP)
Swinney, Mr John (North Tayside) (SNP)
Tosh, Murray (West of Scotland) (Con)
Welsh, Mr Andrew (Angus) (SNP)
White, Ms Sandra (Glasgow) (SNP)

Abstentions

Turner, Dr Jean (Strathkelvin and Bearsden) (Ind)

The result of the division is: For 65, Against 56, Abstentions 1.

Motion agreed to.

That the Parliament agrees the following programme of business—

Wednesday 2 February 2005

2.00 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 1 Debate: Gaelic Language (Scotland) Bill

followed by Financial Resolution in respect of the Gaelic Language (Scotland) Bill

followed by Motion on Serious Organised Crime and Police Bill – UK Legislation

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 3 February 2005

9.30 am Parliamentary Bureau Motions

followed by Scottish National Party Business

12 noon First Minister's Question Time

2.00 pm Question Time—

Environment and Rural Development;

Health and Community Care;

General Questions

3.00 pm Ministerial Statement: Grant Awards

followed by Executive Debate: Local Government Finance (Scotland) Order 2005

followed by Motion on Inquiries Bill – UK Legislation

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Wednesday 9 February 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 Proceedings: Water Services (Scotland) Bill

followed by Stage 3 Proceedings: Budget (Scotland) (No.2) Bill

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business

Thursday 10 February 2005

9.30 am Parliamentary Bureau Motions

followed by Non-Executive Business

12 noon First Minister's Question Time

2.00 pm Question Time—

Enterprise, Lifelong Learning and Transport;

Justice and Law Officers; General Questions

3.00 pm Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members' Business.