Decision Time
As all the business managers have been advised, we will get the votes on the Parliamentary Bureau motions out of the way before we move to the vote on the Budget (Scotland) (No 2) Bill.
The first question is, that motion S3M-3317, in the name of Bruce Crawford, on behalf of the Parliamentary Bureau, on the office of the clerk, be agreed to.
Motion agreed to.
That the Parliament agrees that, between 1 September 2009 and 31 August 2010, the Office of the Clerk will be open on all days except: Saturdays and Sundays, 27 November 2009, 24 December (pm), 25 and 28 December 2009, 1 and 4 January 2010, 2 and 5 April 2010 and 3, 28 and 31 May 2010.
The next question is, that motion S3M-3318, in the name of Bruce Crawford, on behalf of the Parliamentary Bureau, on parliamentary recess dates, be agreed to.
Motion agreed to.
That the Parliament agrees the following parliamentary recess dates under Rule 2.3.1: 12 – 25 October 2009 (inclusive), 21 December 2009 – 4 January 2010 (inclusive), 15 – 21 February 2010 (inclusive) and 29 March – 11 April 2010 (inclusive).
The next question is, that motions S3M-3319 to S3M-3321, in the name of Bruce Crawford, on behalf of the Parliamentary Bureau, on the approval of Scottish statutory instruments, be agreed to.
Motions agreed to.
That the Parliament agrees that the draft Further and Higher Education (Scotland) Act 1992 Modification Order 2009 be approved.
That the Parliament agrees that the draft International Organisations (Immunities and Privileges) (Scotland) Order 2009 be approved.
That the Parliament agrees that the draft Private Landlord Registration (Modification) (Scotland) Order 2009 be approved.
Members should pay attention. The final question is, that motion S3M-3299, in the name of John Swinney, on the Budget (Scotland) (No 2) Bill, be agreed to. Are we agreed?
No.
There will be a division.
For
Adam, Brian (Aberdeen North) (SNP)
Ahmad, Bashir (Glasgow) (SNP)
Aitken, Bill (Glasgow) (Con)
Allan, Alasdair (Western Isles) (SNP)
Brocklebank, Ted (Mid Scotland and Fife) (Con)
Brown, Gavin (Lothians) (Con)
Brown, Keith (Ochil) (SNP)
Brownlee, Derek (South of Scotland) (Con)
Campbell, Aileen (South of Scotland) (SNP)
Carlaw, Jackson (West of Scotland) (Con)
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)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Highlands and Islands) (SNP)
Goldie, Annabel (West of Scotland) (Con)
Grahame, Christine (South of Scotland) (SNP)
Harvie, Christopher (Mid Scotland and Fife) (SNP)
Hepburn, Jamie (Central Scotland) (SNP)
Hyslop, Fiona (Lothians) (SNP)
Ingram, Adam (South of Scotland) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Kidd, Bill (Glasgow) (SNP)
Lamont, John (Roxburgh and Berwickshire) (Con)
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)
McGrigor, Jamie (Highlands and Islands) (Con)
McKee, Ian (Lothians) (SNP)
McKelvie, Christina (Central Scotland) (SNP)
McLetchie, David (Edinburgh Pentlands) (Con)
McMillan, Stuart (West of Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
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)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Elizabeth (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Lothians) (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
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, Robert (Glasgow) (LD)
Butler, Bill (Glasgow Anniesland) (Lab)
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)
Foulkes, George (Lothians) (Lab)
Gillon, Karen (Clydesdale) (Lab)
Glen, Marlyn (North East Scotland) (Lab)
Godman, Trish (West Renfrewshire) (Lab)
Gordon, Charlie (Glasgow Cathcart) (Lab)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Harper, Robin (Lothians) (Green)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Paisley South) (Lab)
Hume, Jim (South of Scotland) (LD)
Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)
Kelly, James (Glasgow Rutherglen) (Lab)
Kerr, Andy (East Kilbride) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
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)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Hamilton North and Bellshill) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McNeill, Pauline (Glasgow Kelvin) (Lab)
McNulty, Des (Clydebank and Milngavie) (Lab)
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)
Scott, Tavish (Shetland) (LD)
Simpson, Dr Richard (Mid Scotland and Fife) (Lab)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Smith, Iain (North East Fife) (LD)
Smith, Margaret (Edinburgh West) (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 64, Against 64, Abstentions 0.
It is a well-established convention here and elsewhere that Presiding Officers cast in favour of the status quo. As the passing of the bill would result in a change to the present position with regard to the budget, and as I advised all business managers, I cast my vote against the motion.
Motion disagreed to.
The Budget (Scotland) (No 2) Bill therefore falls.
On a point of order.
On a point of order.
On a point of order.
Order. I will first take the point of order from the cabinet secretary.
In light of the vote that has just taken place and the serious position in which that leaves Scotland, the Scottish Government will not delay in seeking to resolve the budget issues for next year. I give notice to Parliament that I will reintroduce the 2009-10 budget bill to Parliament at the earliest possible opportunity, and certainly within a matter of days.
The Government recognises its important obligation to put in place a budget that is effective for the people of Scotland from the start of the financial year. That is why we will take early action still to achieve that for 2009-10. We all have an interest in considering the matter as soon as Parliament's processes allow. The Government will introduce such a bill at the earliest possible opportunity.
I thank the cabinet secretary for that statement. I will now take the point of order from Iain Gray.
I welcome the cabinet secretary's point of order, which—initially—was not dissimilar to mine. There has been much wild talk of the consequences of a no vote this evening, and we have now arrived at that point.
Presiding Officer, will you give further clarity on what the standing orders say on the introduction of a new budget bill and exactly how quickly that can happen? My second point is similar. Will you clarify what the standing orders say on the lodging of a motion of no confidence in either ministers individually or an Administration collectively?
I will take the second point first. If there is to be a motion of no confidence, that is up to members; it is not up to me.
On the procedure from now on, my intention is to seek to call a meeting of the Parliamentary Bureau tomorrow to take forward the potential timetable for the new legislation.
On that point—
I will bring in the Minister for Parliamentary Business.
In light of what has just happened, Presiding Officer, it is obvious that the business programme for next week, which was set out in a business motion that we have just agreed to, can no longer go forward. The Local Government Finance (Scotland) Order 2009 cannot be taken before the budget has been agreed. I will therefore seek urgent discussions with my fellow business managers on lodging a revised business motion for Parliament to consider at 5 o'clock tomorrow, if that is what they wish to do.
That is very useful. Thank you, Mr Crawford.
I will now take the point of order from Margo MacDonald.
On a point of order, Presiding Officer. As this is a learning process for all of us, I wish to question whether your vote was cast according to the status quo convention or whether, under our standing orders and "Erskine May", it would be preferable, given that the motion is of such importance, for the matter to be decided by the whole house.
As I explained, my vote was cast in terms of the status quo convention. The position is clear; it is the same as the position that I took last year. All business managers were informed of that position.
It might be difficult for members to leave the chamber quietly, but it would be greatly appreciated if they could do so.