Chamber and committees

Meeting of the Parliament

Meeting date: Thursday, March 1, 2018

Business Motions

The Presiding Officer (Ken Macintosh)

The next item of business is consideration of two business motions, the first of which is motion S5M-10745, on a timetable for an emergency bill.

Patrick Harvie (Glasgow) (Green)

On a point of order, Presiding Officer. Before we consider the business motion on timetabling, I seek your guidance on its implication. I am under the impression, and some of my colleagues have told me that committee clerks may be under the impression, that deadlines for amendments may precede the debates, so the stage 2 deadline might precede the stage 1 debate. I know that privately, in meetings of the Parliamentary Bureau, you have told us that that will not be the case, and that you have given general guidance to the bureau to that effect, but I think that it would be helpful, even if we cannot be specific about the amendment deadlines today, if you could give general public advice, including to all our subject committees and their members, to the effect that amendment deadlines will be after the debate for each preceding stage, so that members are in a position to prepare any proposals for amendments.

The Presiding Officer

I thank Mr Harvie for his point of order, which does indeed give me an opportunity to make the chamber aware of an issue that was discussed at the most recent meeting of the bureau. The rules on emergency bill procedures allow me, as Presiding Officer, to make a determination on the deadlines for amendments at stage 2 and stage 3, and I will make any such determination having consulted business managers on the Parliamentary Bureau. I hope that that reassures the member.

Johann Lamont (Glasgow) (Lab)

On a point of order, Presiding Officer. There were helpful reassurances about reconsideration of the capacity of the Parliament to scrutinise the bill. I would want a reassurance that supporting the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill does not preclude the bureau from listening to and acting on the reservations that have been expressed across the chamber about what that timetable actually means.

The Presiding Officer

We have not done so yet, but we are about to consider two motions that set out the timetable for the emergency bill procedure. Those motions have already been discussed at the Parliamentary Bureau. It is for Parliament to decide whether to agree to the timetable. Even if we agree to the timetable, it would be possible for the Parliamentary Bureau to discuss the matter once more and for the Parliament to rearrange the timetable. It would be up to the Parliamentary Bureau to bring back an alternative if business managers wished to do so.

Motion S5M-10745 is on a timetable for an emergency bill and motion S5M-10764 is on a revised business programme. Any member who wishes to speak against those motions, or either motion, should press their request-to-speak button now. I call Joe FitzPatrick to move the motions.

Motions moved,

That, subject to the Parliament’s agreement to treat the Bill as an Emergency Bill, the Parliament agrees to consider the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill as follows: stage 1 on Wednesday 7 March; stage 2 on Tuesday 13 March and stage 3 on Wednesday 21 March.

That, subject to the Parliament’s agreement to treat the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill as an Emergency Bill, the Parliament agrees to the following revision to the programme of business Wednesday 7 March—

delete

followed by Scottish Government Debate: Convention
for the Safeguarding of Intangible Cultural
Heritage

insert

followed by Stage 1 Debate: UK Withdrawal from the
European Union (Legal Continuity)
(Scotland) Bill

followed by Financial Resolution: UK Withdrawal from
the European Union (Legal Continuity)
(Scotland) Bill—[Joe FitzPatrick.]

13:58

Maurice Golden (West Scotland) (Con)

I have no wish to rehash the debate that we have just had regarding the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill and its status as an emergency bill, so my point is specifically about timetabling, which these motions refer to, and about respecting the will of this Parliament as well as the default position, which is far from desirable. We believe that, even as emergency legislation, there needs to be an increase in parliamentary scrutiny, for which the proposed timetable does not allow.

Given that the continuity bill is a highly significant piece of wide-ranging legislation, we believe that full parliamentary scrutiny, including the full involvement of committees, is required. I urge the Parliament to consider a proper process for consideration of the legislation, and to reject the timetabling as set out in the two business motions.

13:59

The Minister for Parliamentary Business (Joe FitzPatrick)

As the Minister for UK Negotiations on Scotland’s Place in Europe stated during the debate, if the continuity bill is to achieve its purpose of defending the interests and powers of this Parliament, an emergency timetable will be required to ensure that it can be in place prior to the final passage of the European Union (Withdrawal) Bill.

Indeed, the Finance and Constitution Committee’s interim report, which was unanimously agreed by committee members, recognised that very point. The interim report accepted that

“In the event that the Scottish Government is unable to recommend ... consent”

to the European Union (Withdrawal) Bill and a continuity bill is introduced, there would be a need for a timetable that would

“maximise the scope and time available for scrutiny”.

That is what today’s business motion proposes.

Johann Lamont

I am sure that the minister understands the gravity of the points that were made around scrutiny. I am concerned that he seemed to reiterate a point that was made before this debate about the timetable. I seek reassurance that the timetable is something that he will work to, but that he is more than happy to look again at the detail of how that scrutiny is carried forward.

Joe FitzPatrick

Yes. I have confirmed to at least two of the other business managers that my intention is to work with them to ensure that the points that Johann Lamont and others have made in the chamber today can be taken into account. Clearly, that will be a decision for the full Parliamentary Bureau.

The Parliament has now agreed to treat the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill as an emergency bill. If the phased timetable that is set out in the business motion is not agreed to, the default position in standing orders is that all three stages of the bill will be taken in one day. That would not fulfil the recommendations of the committee’s interim report and it would fail to give Parliament the appropriate time to consider that important bill. Although the timetable that the Government seeks is challenging, the Government recognises that it is both appropriate and right that the Parliament should be able to consider the continuity bill fully in the maximum time available so that it is passed before the withdrawal bill becomes law. Obviously, taking into account the points that have been made, we need to look at how we undertake that consideration to ensure that committees and others can have input into the process.

The timetable is not of our choosing; rather, it is a consequence of the exceptional circumstances in which we find ourselves. I therefore ask Parliament to support the proposals to ensure that the continuity bill can be appropriately scrutinised and I urge Parliament to agree to the motions.

The Presiding Officer

The first question is, that motion S5M-10745, in the name of Joe FitzPatrick, on a business motion, be agreed to. Are we agreed?

Members: No.

The Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Denham, Ash (Edinburgh Eastern) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dugdale, Kezia (Lothian) (Lab)
Ewing, Annabelle (Cowdenbeath) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Green)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Freeman, Jeane (Carrick, Cumnock and Doon Valley) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Greer, Ross (West Scotland) (Green)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Uddingston and Bellshill) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Neil, Alex (Airdrie and Shotts) (SNP)
Rennie, Willie (North East Fife) (LD)
Ross, Gail (Caithness, Sutherland and Ross) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Rumbles, Mike (North East Scotland) (LD)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Michael (Argyll and Bute) (SNP)
Sarwar, Anas (Glasgow) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smyth, Colin (South Scotland) (Lab)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Green)

Against

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Con)
Bowman, Bill (North East Scotland) (Con)
Briggs, Miles (Lothian) (Con)
Burnett, Alexander (Aberdeenshire West) (Con)
Cameron, Donald (Highlands and Islands) (Con)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Peter (North East Scotland) (Con)
Corry, Maurice (West Scotland) (Con)
Davidson, Ruth (Edinburgh Central) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Simpson, Graham (Central Scotland) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Wells, Annie (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

The Presiding Officer

The result of the division is: For 86, Against 27, Abstentions 0.

Motion agreed to,

The Presiding Officer

The second question is, that motion S5M-10764, in the name of Joe FitzPatrick, on a business motion, be agreed to. Are we agreed?

Members: No.

The Presiding Officer

There will be a division.

For

Against

The Presiding Officer

The result of the division is: For 86, Against 27, Abstentions 0.

Motion agreed to,

delete

followed by Scottish Government Debate: Convention
for the Safeguarding of Intangible Cultural
Heritage

insert

followed by Stage 1 Debate: UK Withdrawal from the
European Union (Legal Continuity)
(Scotland) Bill

followed by Financial Resolution: UK Withdrawal from
the European Union (Legal Continuity)
(Scotland) Bill—[Joe FitzPatrick.]

Meeting closed at 14:03.

UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill

Meeting of the Parliament

Meeting date: Thursday, March 1, 2018

Contents

Business Motions