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Chamber and committees

Meeting of the Parliament

Meeting date: Thursday, June 30, 2011


Contents


Decision Time

The Presiding Officer (Tricia Marwick)

There are seven questions to be put as a result of today’s business.

The first question is, that amendment S4M-00447.2, in the name of Johann Lamont, which seeks to amend motion S4M-00447, in the name of Kenny MacAskill, on the role of the Supreme Court in Scots criminal law, be agreed to. Are we agreed?

Members: No.

The Presiding Officer

There will be a division.

For

Baker, Richard (North East Scotland) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Dugdale, Kezia (Lothian) (Lab)

Fee, Mary (West Scotland) (Lab)

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

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Grant, Rhoda (Highlands and Islands) (Lab)

Gray, Iain (East Lothian) (Lab)

Harvie, Patrick (Glasgow) (Green)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Johnstone, Alison (Lothian) (Green)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McLetchie, David (Lothian) (Con)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Park, John (Mid Scotland and Fife) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Rennie, Willie (Mid Scotland and Fife) (LD)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, John (Ayr) (Con)

Scott, Tavish (Shetland Islands) (LD)

Simpson, Dr Richard (Mid Scotland and Fife) (Lab)

Smith, Elaine (Coatbridge and Chryston) (Lab)

Against

Adam, Brian (Aberdeen Donside) (SNP)

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

Fabiani, Linda (East Kilbride) (SNP)

Finnie, John (Highlands and Islands) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

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

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

Mackenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McDonald, Mark (North East Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Salmond, Alex (Aberdeenshire East) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Urquhart, Jean (Highlands and Islands) (SNP)

Walker, Bill (Dunfermline) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

The result of the division is: For 43, Against 63, Abstentions 0.

Amendment disagreed to.

The Presiding Officer

The next question is, that amendment S4M-00447.1, in the name of John Lamont, which seeks to amend motion S4M-00447, in the name of Kenny MacAskill, on the role of the Supreme Court in Scots criminal law, be agreed to. Are we agreed?

Members: No.

The Presiding Officer

There will be a division.

For

Baker, Richard (North East Scotland) (Lab)

Beamish, Claudia (South Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Brown, Gavin (Lothian) (Con)

Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)

Dugdale, Kezia (Lothian) (Lab)

Fee, Mary (West Scotland) (Lab)

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

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West Scotland) (Con)

Grant, Rhoda (Highlands and Islands) (Lab)

Gray, Iain (East Lothian) (Lab)

Harvie, Patrick (Glasgow) (Green)

Hume, Jim (South Scotland) (LD)

Johnstone, Alex (North East Scotland) (Con)

Johnstone, Alison (Lothian) (Green)

Kelly, James (Rutherglen) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)

Macdonald, Lewis (North East Scotland) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Malik, Hanzala (Glasgow) (Lab)

Marra, Jenny (North East Scotland) (Lab)

Martin, Paul (Glasgow Provan) (Lab)

McArthur, Liam (Orkney Islands) (LD)

McCulloch, Margaret (Central Scotland) (Lab)

McDougall, Margaret (West Scotland) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McLetchie, David (Lothian) (Con)

McMahon, Michael (Uddingston and Bellshill) (Lab)

McMahon, Siobhan (Central Scotland) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Murray, Elaine (Dumfriesshire) (Lab)

Park, John (Mid Scotland and Fife) (Lab)

Pentland, John (Motherwell and Wishaw) (Lab)

Rennie, Willie (Mid Scotland and Fife) (LD)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, John (Ayr) (Con)

Scott, Tavish (Shetland Islands) (LD)

Simpson, Dr Richard (Mid Scotland and Fife) (Lab)

Smith, Elaine (Coatbridge and Chryston) (Lab)

Against

Adam, Brian (Aberdeen Donside) (SNP)

Adam, George (Paisley) (SNP)

Adamson, Clare (Central Scotland) (SNP)

Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Biagi, Marco (Edinburgh Central) (SNP)

Brodie, Chic (South Scotland) (SNP)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Burgess, Margaret (Cunninghame South) (SNP)

Campbell, Aileen (Clydesdale) (SNP)

Campbell, Roderick (North East Fife) (SNP)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Constance, Angela (Almond Valley) (SNP)

Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)

Dey, Graeme (Angus South) (SNP)

Don, Nigel (Angus North and Mearns) (SNP)

Doris, Bob (Glasgow) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Eadie, Jim (Edinburgh Southern) (SNP)

Ewing, Annabelle (Mid Scotland and Fife) (SNP)

Ewing, Fergus (Inverness and Nairn) (SNP)

Fabiani, Linda (East Kilbride) (SNP)

Finnie, John (Highlands and Islands) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

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

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hyslop, Fiona (Linlithgow) (SNP)

Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)

Keir, Colin (Edinburgh Western) (SNP)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lochhead, Richard (Moray) (SNP)

Lyle, Richard (Central Scotland) (SNP)

MacAskill, Kenny (Edinburgh Eastern) (SNP)

MacDonald, Angus (Falkirk East) (SNP)

Mackay, Derek (Renfrewshire North and West) (SNP)

Mackenzie, Mike (Highlands and Islands) (SNP)

Mason, John (Glasgow Shettleston) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West Scotland) (SNP)

McAlpine, Joan (South Scotland) (SNP)

McDonald, Mark (North East Scotland) (SNP)

McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)

McLeod, Aileen (South Scotland) (SNP)

McLeod, Fiona (Strathkelvin and Bearsden) (SNP)

Neil, Alex (Airdrie and Shotts) (SNP)

Paterson, Gil (Clydebank and Milngavie) (SNP)

Robertson, Dennis (Aberdeenshire West) (SNP)

Robison, Shona (Dundee City East) (SNP)

Russell, Michael (Argyll and Bute) (SNP)

Salmond, Alex (Aberdeenshire East) (SNP)

Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Swinney, John (Perthshire North) (SNP)

Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Urquhart, Jean (Highlands and Islands) (SNP)

Walker, Bill (Dunfermline) (SNP)

Watt, Maureen (Aberdeen South and North Kincardine) (SNP)

Wheelhouse, Paul (South Scotland) (SNP)

White, Sandra (Glasgow Kelvin) (SNP)

Wilson, John (Central Scotland) (SNP)

Yousaf, Humza (Glasgow) (SNP)

The result of the division is: For 43, Against 63, Abstentions 0.

Amendment disagreed to.

The Presiding Officer

The next question is, that motion S4M-00447, in the name of Kenny MacAskill, on the role of the Supreme Court in Scots criminal law, be agreed to.

Motion agreed to,

That the Parliament welcomes the interim report of the independent specialist group led by Lord McCluskey; believes that it provides a constructive and well-informed basis for further detailed consideration of the role of the UK Supreme Court in Scots criminal law, and looks forward to receiving the further advice and final report of the group in autumn 2011.

The next question is, that amendment S4M-00448.2, in the name of Elaine Murray, which seeks to amend motion S4M-00448, in the name of Richard Lochhead, on rural connectivity, be agreed to.

Amendment agreed to.

The next question is, that amendment S4M-00448.1, in the name of Alex Johnstone, which seeks to amend motion S4M-00448, in the name of Richard Lochhead, on rural connectivity, as amended, be agreed to.

Amendment agreed to.

The Presiding Officer

The next question is, that motion S4M-00448, in the name of Richard Lochhead, on rural connectivity, as amended, be agreed to.

Motion, as amended, agreed to,

That the Parliament welcomes the Scottish Government's wish to see a rural Scotland that is outward looking and dynamic with a diverse economy and active communities; welcomes the aspiration expressed in Scotland’s Digital Future: A Strategy for Scotland that next generation broadband will be available to all by 2020; notes however that market forces alone will not deliver next generation broadband and mobile phone access to much of rural and suburban Scotland and that without public sector involvement the digital gap will widen, and therefore urges the Scottish Government to develop its strategy for investment in the necessary infrastructure throughout Scotland as a matter of priority; further welcomes the UK Government's commitment to implement superfast broadband across the whole of the United Kingdom, and calls on Scottish and UK ministers to work together to achieve the best possible coverage for rural Scotland.

The Presiding Officer

The final question is, that motion S4M-00444, in the name of Richard Lochhead, on the Finance (No 3) Bill, which is United Kingdom legislation, be agreed to.

Motion agreed to,

That the Parliament agrees that provisions of the Finance (No.3) Bill 2011, introduced in the House of Commons on 31 March 2011, in relation to Scottish agricultural levies and local taxes and relating to the transposition of Directive 2010/24/EU on mutual assistance for the recovery of claims relating to taxes, duties and other measures, so far as these matters fall within the legislative competence of the Scottish Parliament or the executive competence of the Scottish Ministers, should be considered by the UK Parliament.

Members will of course know that this is the final day of business before recess. I hope that all members manage to get a break over the summer and come back fully refreshed.

Meeting closed at 17:05.