Meeting of the Parliament (Hybrid)

Meeting date: Tuesday, December 22, 2020

Official Report 1260KB pdf

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UK Withdrawal from the European Union (Continuity) (Scotland) Bill: Stage 3

We turn to stage 3 proceedings on the UK Withdrawal from the European Union (Continuity) (Scotland) Bill. In dealing with the amendments, members should have with them the bill as amended at stage 2, the marshalled list and the groupings of amendments. I remind members that, as usual, for the first division of the afternoon the division bell will sound and proceedings will be suspended for five minutes. The period of voting for each division after that will be one minute. Members who wish to speak in the debate on any group of amendments should press their request-to-speak button as soon as possible after I call the group.

Section 1—Power to make provision corresponding to EU law

Group 1 is on the power to make provision corresponding to European Union law. Amendment 4, in the name of Michelle Ballantyne, is grouped with amendments 5, 6 and 8.

I want to set out the reasoning for lodging my amendments. I will try to keep my remarks on each group short and to the point, because I am conscious that this will be a long day.

My amendments throughout stage 3 speak to the fact that, fundamentally, it is for the Parliament to legislate. I welcome the changes that have been made at stage 2, particularly with regard to limiting the duration, which the keeping pace power should continue, but I remain concerned that the process of leaving the EU should not open the door to bypassing parliamentary procedure.

When the Parliament decides to delegate powers, there should be clear, good reasons for doing so, and it is important that the limits of that delegation are clearly defined. In doing so, we reinforce the principle that delegated powers should never be used as a substitute for policy development. The question that we have to ask is whether the powers in section 1 of the bill are appropriate or whether they should be limited by being available only to ensure that existing standards in retained EU law keep pace with evolving standards.

While it might be reasonable to accept that keeping pace with EU law might not always be practical through the creation of primary legislation, there is no doubt that there is a difference between refining retained EU law to keep pace and keeping pace with new policy developments in future EU law where there is currently no equivalent in retained EU law. Amendment 4 therefore seeks to ensure that the principle that delegated powers should never be used as a substitute for policy development is followed.

The Cabinet Secretary for the Constitution, Europe and External Affairs’s recommendation, in his response to the Delegated Powers and Law Reform Committee—I believe that it went to the Finance and Constitution Committee as well—that the wording in section 1(2)(f)(ii) be altered, suggests that the amendment is unnecessary and unhelpful, because the Government wishes to have greater flexibility to deal with unforeseen circumstances. However, the current wording, “appropriate to retain”, confers wider powers, as the definition of appropriate does not limit policy making by delegation. I will listen with interest to the cabinet secretary’s position on why it is appropriate—no pun intended—to deal with unforeseen circumstances that lead to new policy by enabling it to be dealt with by delegation rather than in the bill.

Amendments 5 and 6 relate to sub-delegated powers. The current wording in section 1, which would enable the Scottish Government to delegate powers to a public authority or the authority’s nominee to make regulations or provide funding, does not meet the test of the principle of delegated powers, as it neither limits the delegated authority nor defines it; rather, it opens the back door to creating new policy, enabling the incorporation of future EU laws into our domestic laws through delegated powers. The lack of clarity on the necessity to enable sub-delegation is a significant issue.

In relation to amendment 8, I am of the view that those powers are not an appropriate vehicle to make new regulations.

I move amendment 4.

We will support Michelle Ballantyne’s amendments in the group. As we have just heard, amendments 4, 5 and 6 are based on recommendations of the Delegated Powers and Law Reform Committee. Amendment 8 would preclude the keeping pace powers being used to

“make provision implementing significant new policy developments in EU law.”

The amendment overlaps with my amendments 47 to 51, but is not inconsistent with them; they address the same underlying concerns about the inappropriate use of secondary legislation to implement significant new policy developments. To that end, we will support amendment 8.

I thank all those who have worked with the Government to try to improve the bill since its introduction. The bill today is significantly better than when it was introduced. I do not find it difficult to say that—that is the purpose of parliamentary scrutiny. I am glad, for example, that we have been able to look at the issue of purpose, which we will come to later on, and issues of delegation, which Alex Rowley raised in the early part of stage 2, and we have considered issues that have been raised on reporting and consultation, which Liam McArthur raised.

By dint of discussion, looking at drafts and working together, we have amendments on which we can agree. Regrettably, Michelle Ballantyne has never raised with me the issues that she mentioned in her contribution, so I am slightly surprised that she has a new-found and certainly intense interest in the functioning of delegated powers. I will not accept her amendments and I will give my reasons for that in a moment.

I pay tribute to Dean Lockhart, who discussed some possible amendments with me, although other amendments then appeared, which is entirely his right. Some of his amendments are carry-overs from stage 2. There could be a debate about that because those amendments were significantly rejected at stage 2, and we have to ask ourselves why that was. Perhaps that would save us time.

Amendment 4 seeks to remove the current wording in section 1(2)(f)(ii) and replace it with wording similar to that in section 1(2)(a). I acknowledge that the functions or restrictions that may be conferred or imposed under section 1(2)(f) would have to make sense in the Scottish context, but there is an awkwardness in the wording of amendment 4 and the implications of the amendment are unclear from the perspective of a positive power to confer functions or impose restrictions, whereas the wording in section 1(2)(a) makes sense where it is, as it is being applied to something omitted from regulations. The cut-and-paste job has not worked. It is less clear that it makes sense when applied to a positive power. I am concerned that the proposed drafting of amendment 4 could cause considerable difficulties by adding awkward and unnecessary complications.

The wording “appropriate to retain” that is currently in section 1(2)(f)(ii) offers flexibility to deal with unforeseen circumstances, and given the continued unforeseen circumstances that we find ourselves in as a result of Brexit, which is supported by Michelle Ballantyne, maintaining that flexibility is important and sensible.

It is completely unclear whether amendments 5 and 6 are intended to work together or as alternatives. I am therefore unclear on exactly what Michelle Ballantyne hopes to achieve by lodging them. Whether taken together or separately, the effects of amendments 5 and 6 would, as is the case with amendment 4, be to remove the flexibility needed to deal with uncertainty. The uncertain nature of Brexit and what might yet come leads to section 1(3) in its current form being necessary and expedient as it will allow the Government, with the support of members—many of the changes that we will agree to in the bill require the support of other parties—to ensure that where the power is used, it is workable at an operational level. That is the essence of sub-delegation—making sure that whatever happens the legislation that arises is workable at an operational level.

In the absence of such a provision, the Government would become involved in complex workarounds and arrangements, or it would even have to resort to primary legislation, but that would be wholly disproportionate. That would not otherwise have been the case if section 1(3) was available to us in the form currently provided.

15:30  

Let me give a hypothetical example. It might be more appropriate for that power to be exercised independently of political control when a body or regulator would be required to make a substantial number of technical corrections to standards. However, without section 1(3) in its current form, the section 1(1) power simply could not be used.

In another example, in agreeing to either or both of those amendments, the Parliament is deciding that the power to give a Scottish public authority the power to provide funding to others where that might be appropriate without passing primary legislation cannot be used.

I do not believe that stage 3 is the time to introduce that type of uncertainty over the scope of the power or of workable legislation. To be clear, the Government will support the amendments in Liam McArthur’s name that are to be taken in group 5. I am aware that members of the Delegated Powers and Law Reform Committee did not have the benefit of considering the changes that those amendments will bring about when writing its report. However, if they are agreed to, when they are considered alongside the bill’s existing provisions, members of the Delegated Powers and Law Reform Committee should be assured that any regulations that are made under that power will be subject to thorough scrutiny. Scrutiny was at the heart of the discussions that I had with other members. Therefore, I must urge members not to support amendments 4, 5 or 6, as they undermine the flexibility that is inherent in the essential purpose of the bill.

Amendment 8 in Michelle Ballantyne’s name seeks to restrict the scope of the power under section 1(1), so it cannot be used to make provisions implementing significant new policy developments. That is contrary to the recommendations that were made by the Delegated Powers and Law Reform Committee, of which Michelle Ballantyne is a member. Dean Lockhart said that the amendments promoted the decisions because the committee said in its report that it recognises

“that it would be difficult in law to exclude significant new proposals from the scope of the keeping pace power”.

The difficulty of specifying what is meant by “significant” in that context was debated at stage 2, as people will have different views as to what is significant. Therefore, such a proposal would inevitably lead to uncertainty and likely challenge.

Members across the chamber have worked together, as I have said, to produce a package of amendments which, when considered as a whole, ensure a robust role for the Parliament in scrutinising the Government’s proposals for lodging regulations. Those will be debated further throughout the stage 3 debate, but what is important in the context of group 1 is that those amendments ensure the continued workability of the central power in the bill. Amendment 8 is unacceptable to the Government for those reasons and we cannot support it.

I call Michelle Ballantyne to wind up on group 1 and to press or withdraw amendment 4.

Mike Russell is correct that I did not have any meetings with him about those amendments, but they were all back and forth from the Delegated Powers and Law Reform Committee’s report and he has responded to those, so they are not new. He has seen that committee’s thoughts on those amendments. We had not had time to hear the Government’s position on them, and I felt that it was important to lodge them as amendments at stage 3.

The cabinet secretary’s response was about new policy, not about retained EU policy. It is completely wrong to commit the Parliament’s hands to taking on policies without it being able to properly scrutinise and control them. The cabinet secretary is saying that there will be scrutiny but, ultimately, the Scottish Government, whichever party might be elected to it, will have the power to implement new EU policy in Scottish policy. I do not believe that that is the correct way to go.

I will press amendments 4, 5, 6 and 8. Members in the chamber should think carefully about the consequences that might come down the line in terms of being able to take on board policy that the Parliament has not devised and does not control.

The question is, that amendment 4 be agreed to. Are we agreed?

Members: No.

We will suspend for five minutes so that I can summon members to the chamber and allow members who are joining us remotely to access the voting app.

15:34 Meeting suspended.  

15:43 On resuming—  

We move to the vote on amendment 4, in the name of Michelle Ballantyne. This will be a one-minute division.

The vote is now closed. If any member believes that they were not able to vote, please let me know by making a point of order.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Boyack, Sarah (Lothian) (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)
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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
Smyth, Colin (South Scotland) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

15:45  

The result of the division is: For 26, Against 89, Abstentions 0.

Amendment 4 disagreed to.

Amendment 5 moved—[Michelle Ballantyne].

The question is, that amendment 5 be agreed to. Are we agreed?

Members: No.

There will be a one-minute division.

The vote is now closed. If any member had difficulty voting please let me know.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
Smyth, Colin (South Scotland) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 26, Against 90, Abstentions 0.

Amendment 5 disagreed to.

Amendment 6 moved—[Michelle Ballantyne].

The question is, that amendment 6 be agreed to. Are we agreed?

Members: No.

There will be a one-minute division.

The vote is now closed.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Harris, Alison (Central Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
Smyth, Colin (South Scotland) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 25, Against 90, Abstentions 0.

Amendment 6 disagreed to.

After section 1

We move to group 2, on the section 1(1) power and the purpose of maintaining and advancing standards. Amendment 7, in the name of Angela Constance, is grouped with amendments 22, 23 and 30.

Tom Arthur will move the amendments in place of Angela Constance.

I am grateful for the opportunity to speak to amendments 7, 22, 23 and 30 in the name of Angela Constance. I take the opportunity to congratulate her on her appointment to Government and to wish her the best in her new role.

The amendments follow on from stage 2 amendments 6 and 10, also in the name of Angela Constance, which were debated but not moved. Those earlier amendments were intended to provide greater clarity in the bill about what the section 1(1) power is for, when it would be used and how it had been used. Ms Constance expressed the view that those amendments would provide ministers with a direction as to the use of the power, and that they would improve transparency and accountability.

However, Ms Constance also made clear that sufficient flexibility must be maintained to deal with future uncertainties. It is clear from the deliberations at stage 2 that there is a strong view that putting a purpose in the bill would provide more certainty, predictability and clarity for businesses, public agencies and others.

That is what amendment 7 now does. It gives ministers the direction and steer that was felt to be missing from the bill as introduced. If agreed, amendment 7 will require ministers to, among other things, have due regard to how the use of the section 1(1) power would

“contribute towards maintaining and advancing standards in relation to environmental protection, animal health and welfare, plant health, equality, non-discrimination and human rights and social protection.”

Amendment 7 also retains a necessary element of flexibility. It does not impinge on the generality of the power, which was known to be a concern for the Government at stage 2, and it ensures that ministers are not prevented from using the section 1(1) power in other ways.

Amendments 22 and 23 will ensure that, when they report on the use of the power, ministers must set out how it has contributed, is contributing and will contribute to maintaining and advancing standards in those areas. That was the intention of amendment 10 at stage 2. Amendments 22 and 23 will now ensure that reporting covers both the previous uses of the power and any expected future uses.

Amendment 30 is a technical amendment to ensure that a report on future uses of the power is not required once the power itself has expired.

I thank Angela Constance and members from across the chamber who came together to ensure that amendments 7, 22, 23 and 30 are flexible enough to be workable while still improving the bill and providing for greater clarity and transparency. I urge members to support all these amendments.

I move amendment 7.

I join Tom Arthur in congratulating Angela Constance on her reappointment as a minister and wishing her well in that important role. I also thank her for the work that she has done in collaboration with me, Patrick Harvie, Alex Rowley and others to lodge the amendments. She lodged similar amendments at stage 2, recognising that, although the bill had been improved by that stage to expand the underlying principles, there was still a gap regarding the overall purpose.

As Tom Arthur said, providing that degree of clarity and certainty reflects what the Parliament has heard from a variety of stakeholders. The amendments lodged by Angela Constance address those concerns very effectively. I thank her for her work on that and I thank the Government for working collaboratively with members across parties to make this important improvement to the bill. Scottish Liberal Democrats will be happy to support these amendments.

I will briefly make some comments similar to Liam McArthur’s. At stage 2, a great many members, including Angela Constance—who I also congratulate on her reappointment to Government—had similar concerns. However, I think that we came forward with a wee bit of a scattergun approach to the different changes that we wanted to see, with Angela Constance’s amendments on purpose, Liam McArthur’s on scrutiny and accountability, and some of my amendments.

In the absence of agreement on those wider issues of purpose and scrutiny, I would still say that the amendments that I proposed at stage 2 were necessary, as they provided for shorter reporting periods and a few other changes. As it was not clear at stage 2 that we would get any consensus on those wider issues, I am pleased that we agreed to those amendments in my name. However, I am happy to have them reversed now at stage 3—in a later group—given that we have achieved consensus. I thank Liam McArthur, Alex Rowley, the minister and Angela Constance, who lodged the amendments in this group.

Having that consensus develop throughout the bill has been an important process. I am pleased that we have managed to shape the bill into a better one than it was when it was introduced. That being the case, I will not oppose the Government’s amendments that reverse my stage 2 amendments when we reach them. I will happily support the amendments in group 2, as well as the later ones on scrutiny.

I also congratulate Angela Constance on her very recent appointment.

Amendment 7 refers to a number of important areas in which keeping pace powers may be used. In his supporting remarks, Tom Arthur referred to the policy intention of maintaining the highest standards in Scotland. We totally agree with that. In fact, Scotland and the rest of the UK already have some of the highest standards in the world in these areas, and we agree that that should continue to be the case.

However, the standards have to be appropriate for Scotland. Simply copying and pasting future EU laws is not the best way of doing that. That was made clear by NFU Scotland, when it said in its briefing paper that that would reduce the capacity of Scottish ministers to introduce policies that are genuinely fitting to Scotland’s unique environmental and agricultural context.

The Law Society of Scotland’s briefing also made it clear that these are future EU laws, in relation to which we have no influence or input, and they would be adopted without any scrutiny from the Parliament or consultation with key stakeholders.

That is the point: clarity of purpose is not the same as parliamentary scrutiny. The Finance and Constitution Committee heard substantial evidence that those powers would turn the Scottish Parliament into a passive rule-taker.

For those reasons, we will not be able to support amendment 7. However, if it passes, we will support the consequential amendments 22, 23 and 30, which introduce additional reporting requirements in these areas.

Alex Rowley wishes to contribute before the minister comes in.

Thank you. I concur with what has been said, although I do not agree with Dean Lockhart. By working together, we have achieved a better bill. The cabinet secretary has been willing to ensure that there is proper scrutiny for the Parliament with amendment 7 and the other amendments. Through cross-party working with the Government, we will have secured a better bill at the end of the day.

I would not want Mr Lockhart’s remarks to imply that the bill does not have wide support among stakeholders. It does. Any bill will have criticisms of small parts of it; those are things that a Government should listen to, and many of those have been addressed in the process that has been referred to and that we have gone through. However, the bill has very widespread support, and indeed the only support that it does not have is from the Conservative Party and one independent member, who is sitting in the gallery. The bill has the support of the Parliament, as I hope we will prove later today.

It has support because it relates to the issue of the high European standards that we have and how we manage to continue to observe those. I would be very happy if we were in there making rules, and in the ideal situation, we will be in there making rules. However, when we are being dragged out of Europe against our will, which the chamber has—[Interruption.]—A member says “Yawn, yawn.” The reality of the situation is that we are being dragged out against our will. There are no ifs or buts. If anybody today thinks that that is a good idea, they should go and look at the queues of lorries in Kent.

I would have thought that even the most hardened Conservative might blush a little at the chaos that is already taking place.

16:00  

The bill, proportionately and carefully, with the agreement of the Parliament—[Interruption.] All the Conservatives can do is scream and shout, because they certainly cannot deliver a functioning country. We clearly do not have that at the moment. [Interruption.] No, I will not give way—we hear too much from Brexiteers. They have created chaos and I am not prepared to listen to them for a moment longer.

Let us now focus on what the amendments in group 2 do. Extraordinarily, the Tories are even going to vote against those amendments. That is astonishing. They are going to vote against amendment 7, which was agreed among the parties to improve the bill in the light of concerns about scrutiny.

Amendment 7 allows ministers to take account of new circumstances and to propose what is in the best interests of the people of Scotland, but it gives the Parliament, quite clearly, a whip hand in making sure that that is done properly and proportionately.

Amendment 7 provides a clear steer on the use of the power—ministers “must have due regard” to the purpose stated in the amendment. It will be open to ministers to use the power in other ways to benefit Scotland, just as it will be open to ministers to use powers other than in section 1(1) to contribute to the purpose.

Will the cabinet secretary give way?

Of course.

Members: Oh!

Well, you know.

I was enjoying the flow of the cabinet secretary’s speech, so I thank him for giving way. Will environmental standards Scotland have a role in advising on the use of the section 1 power for environmental purposes?

There will be no constraints on organisations of any sort in that regard. Indeed, when the Cabinet Secretary for Environment, Climate Change and Land Reform addresses the role of ESS later in the process, I am sure that she will provide information and reassurance to the member. However, I would never dare to trespass on her area of responsibility. I am not going to start doing that now, so, I will allow her to respond to that point.

To return to my area of responsibility, amendment 7 covers matters that members feel strongly about; members do not feel so strongly about other matters. The amendment does not preclude anyone or any organisation from having a say.

Amendments 22 and 23, which provide that we must also report on how we are meeting the purpose in section 1(1), will strengthen the bill.

I am sorry but, having tried to please Mr Ruskell, I now going to have to disappoint him. If the Parliament supports these amendments, amendment 19, in the name of Mark Ruskell, which we will come to later when we debate group 5, will not be necessary, given that the aim of that amendment will have been met.

I am obliged to Angela Constance for the time that she has afforded to getting this right over the past few weeks. I am very pleased that she is returning to Government. I have some experience of working with her and I know how talented she is. I am quite certain that the work that she has done on the bill will also be lasting testimony to the work that she has done when not in Government.

I ask the Parliament to support amendments 7, 22, 23 and 30. I ask the Conservatives to think of the will of the people of Scotland, not of their own selfish party interests.

I call Tom Arthur to wind up, and to press or withdraw amendment 7.

I want to briefly thank Angela Constance again, as well as Liam McArthur, Alex Rowley, Patrick Harvie and the cabinet secretary for their constructive approach to the amendments.

It is disappointing but not surprising that the Conservatives are unable to support amendment 7, but I welcome the caveated commitment to supporting the consequential amendments, should amendment 7 be agreed to.

I will therefore press amendment 7.

The question is, that amendment 7 be agreed to. Are we agreed?

Members: No.

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)
Boyack, Sarah (Lothian) (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)
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)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

Against

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

The result of the division is: For 90, Against 26, Abstentions 0.

Amendment 7 agreed to.

Section 2—Limitations on the section 1(1) power

Amendment 8 moved—[Michelle Ballantyne].

The question is, that amendment 8 be agreed to. Are we agreed?

Members: No.

There will be a division.

If any member has an issue with the voting system they should please let me know through a point of order. I advise Aileen Campbell that her vote was registered.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Boyack, Sarah (Lothian) (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)
Ewing, Annabelle (Cowdenbeath) (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)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (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)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 26, Against 87, Abstentions 0.

Amendment 8 disagreed to.

Section 3—Duration of the section 1(1) power

We turn to group 3, which is on the duration and commencement of the section 1(1) power. Amendment 45, in the name of Dean Lockhart, is grouped with amendments 46 and 42.

Amendments 45 and 46, in my name, seek to restrict the duration of the section 1 keeping pace powers and are similar to amendments that were agreed to during the debate on the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill a couple of years ago.

As currently drafted, the bill allows the keeping pace powers to be extended for a period of 10 years, that is, potentially not only beyond the next parliamentary session but beyond the next two, depending on when those powers were first exercised. Requiring such powers to last for a decade is yet another example of executive overreach in the bill.

In the future—certainly less than a decade from now—the Scottish Parliament should be able to reassess the legislation and consider whether it is still required and appropriate. It should be able to decide whether a more appropriate piece of successor legislation should be introduced. That is why Scottish Conservatives have suggested a maximum period of six years for the duration of the powers, to be divided into an initial period of three years, with a maximum extension of an additional three years.

I understand the rationale behind Michelle Ballantyne’s amendment 42, but imposing an arbitrary date for the use of the powers would not work in practice. Scottish Conservatives will therefore not support amendment 42.

I move amendment 45.

Thank you, Mr Lockhart. Michelle Ballantyne will speak to amendment 42 and the other amendments in the group.

My intention was to limit the powers that the bill provides to the next two parliamentary terms. However, I do not intend to move amendment 42.

Thank you, Ms Ballantyne. I call the cabinet secretary, Michael Russell.

Amendments 45 and 46, in Dean Lockhart’s name, seek to alter the duration of the section 1(1) power, reducing the period during which the power to align would be available. Similar amendments were rejected at stage 2. The attempt to lower the initial duration of the power from six years to three and the overall potential duration from 10 years to six disregards agreements reached at stage 2. I feel that there was a broad consensus that, having listened to concerns about the bill’s initial sunset period, a sensible compromise was reached, through amendments lodged in my name. Section 3, as amended, will afford the incoming 2026 Parliament the opportunity, in its first year, to decide whether the power to align remains necessary. It will also ensure that the power is available throughout the 2021 session of Parliament. It will therefore provide a measure of stability, which is what is sought by introducing the power. I was pleased to see that in the stage 2 report, the Delegated Powers and Law Reform Committee welcomed those changes. The Government therefore cannot and will not support Dean Lockhart’s amendments 45 and 46 and I urge members to vote against them.

I am glad that Michelle Ballantyne will not move amendment 42, which is neither necessary nor practicable. It would remove flexibility and it takes no account of parliamentary dissolution, the pre-election period or the on-going disruption caused by the pandemic. If it is not moved, it need not bother us.

I call Dean Lockhart to wind up and to press or withdraw amendment 45.

During stage 2, at the Finance and Constitution Committee, the cabinet secretary made the point that these are exceptional powers, required in exceptional circumstances. In that context, it is not appropriate for these powers to last for a decade, so I will press amendment 45.

The question is, that amendment 45 be agreed to. Are we agreed?

Members: No.

There will be a one-minute division. Members may alert me if they believe that there are any issues.

I can tell Aileen Campbell, Jackie Baillie and Kate Forbes that their votes were registered, but Fulton MacGregor may wish to make a point of order.

On a point of order, Presiding Officer. I had a problem accessing the vote. I would have voted no.

Thank you, Mr MacGregor. I will make sure that your vote is added to the voting register.

16:15  

On a point of order, Presiding Officer. I am having technical difficulties today. On amendment 45, I would have voted no.

Thank you, Ms Somerville. I will make sure that that is registered on the voting register.

On a point of order, Presiding Officer. I had problems with connections. I would have voted yes.

Thank you, Mr Cameron. Your vote will be added as a yes on the voting register.

I confirm to Clare Adamson that her vote was registered.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Boyack, Sarah (Lothian) (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)
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)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 26, Against 89, Abstentions 0.

Amendment 45 disagreed to.

Amendment 46 moved—[Dean Lockhart].

The question is, that amendment 46 be agreed to. Are we agreed?

Members: No.

There will be a one-minute division.

The vote is now closed. I ask members to let me know through a point of order if they have any voting issues.

On a point of order, Presiding Officer. I had connection problems. I would have voted no.

Thank you, Mr Findlay. I will make sure that that is added to the voting register.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Boyack, Sarah (Lothian) (Lab)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 26, Against 89, Abstentions 0.

Amendment 46 disagreed to.

After section 3

Group 4 is on the scrutiny of regulations under section 1(1). Amendment 47, in the name of Dean Lockhart, is grouped with amendments 48, 9, 49 to 51 and 10.

My amendments in the group seek to address the central and fundamental concern about the bill, which is that it seeks to transfer to the Scottish ministers unprecedented powers to legislate by way of secondary legislation. The Finance and Constitution Committee referred to those powers as substantial Henry VIII powers, and it heard evidence that the breadth of the provisions in the bill is not justified.

When it comes to parliamentary and stakeholder scrutiny of the powers, the Law Society of Scotland rightly pointed out that the bill

“only offers a choice between affirmative and negative resolution procedures”,

neither of which is appropriate for the implementation of significant new policies or significant changes in Scots law, with the negative procedure being the default position.

My amendments 47 to 51 seek to introduce additional parliamentary and stakeholder scrutiny of the keeping pace powers in very limited circumstances, when a relevant committee of the Parliament considers that appropriate. Amendment 47 seeks to introduce a sifting mechanism that would apply only when the Scottish ministers proposed an instrument that

“reflects a significant change in EU law or policy ... would constitute a significant change to Scots law, or ... would constitute a significant change in the policy of the Scottish Ministers”.

In those very limited circumstances, the relevant committee of the Parliament would have the right to propose that a higher level of scrutiny be applied to the proposed changes, including the use of the affirmative or super-affirmative procedure, or to decide that such significant changes should not be made by regulation.

Amendment 48 sets out the additional scrutiny that would be required in the event that the committee decided that the super-affirmative procedure should apply, and it includes requirements whereby the Scottish ministers would have to publish impact assessments and undertake stakeholder consultation, all of which the Parliament could and should reasonably expect when a significant change of policy or a significant change in Scots law is being proposed.

Amendments 49, 50 and 51 are complementary in nature and reflect concerns that the Law Society of Scotland has raised since the bill’s introduction. In its submission, the Law Society said that

“the normal rule must be that”

the exercise of the keeping pace power

“is subject to affirmative procedure ... except in minor cases”.

That is not the case in the bill as it is currently drafted. We have reflected the Law Society’s concerns by seeking to apply the affirmative procedure not in all cases but in very limited circumstances in which instruments are proposed by the Scottish ministers that would require a significant change in EU law or policy, a significant change to Scots law or a significant change in the policy of the Scottish ministers.

The Parliament recently held a very important debate on the scrutiny of the powers that it will have in a post-Brexit environment. The overwhelming feedback from parliamentary committees was that more scrutiny powers will be required. If the amendments in my name are not accepted, it will be possible for significant changes of policy and significant changes to Scots law to be introduced by the Scottish ministers without any meaningful parliamentary or stakeholder scrutiny.

We will support Michelle Ballantyne’s amendments 9 and 10 in this group. Although they overlap with my amendments, they cover similar concerns about a lack of scrutiny.

I move amendment 47.

Mr Lockhart has covered very well the issues that my amendments try to cover. It is wrong to think that everybody out there who is doing business and living their lives is watching every move that is made in this Parliament. Scottish statutory instruments are passed on a daily basis when the Parliament sits, and sometimes even members do not really know what they are voting for. If we are to pass a bill that retains EU law, it is absolutely imperative that we have safeguards that enable people to understand what is being passed by the Parliament. Changes should not slip through without businesses and people who will be affected by them being aware that they are happening.

Therefore, my amendment 10 seeks to require the Government to lay before Parliament an explanation of what is to happen. It also provides for consultation rights, so that people who would be affected by the laws in question would have a chance to feed in and say how they would be affected, as well as what we as a Parliament should be concerned about and should be thinking about. I think that that is only reasonable, and it is an appropriate level of scrutiny.

In my amendment 9, I have not been too officious in relation to the number of days. I have allowed some flexibility with the 40 days. Where it fits in—it is tied to amendment 10—is that it would require the super-affirmative procedure to be used when a new policy was being introduced and there was no current equivalent in EU retained law. I think that that is really important from a scrutiny point of view. We will not be doing right by the people of Scotland or businesses in Scotland if we do not ensure that that happens.

Some of the amendments in the group relate to concerns that were widely shared and that I reflected on at stages 1 and 2, particularly in relation to a possible sifting mechanism. However, it was in the context of a bill that was fundamentally weaker than the one that we are going to pass that I made those arguments. We now have agreement on how to reflect the purpose of the bill and the powers in it, as well as a much stronger framework for the publication and approval by the Parliament of a policy statement and stronger reporting requirements. That context having changed, I no longer see the need for the amendments in the group, so I will not support them.

On amendment 47, which was lodged by my colleague Dean Lockhart, I think that it is important to emphasise the exchanges at the Finance and Constitution Committee on 26 August, when Professor Aileen McHarg of the University of Dundee and Professor Michael Keating of the University of Aberdeen both expressed their concerns that, between the original bill and the current bill, the default position changed from use of the affirmative procedure to use of the negative procedure.

I raised that issue with Graeme Dey during parliamentary questions on 16 September, and, although he acknowledged the concerns, he said that he felt that the Scottish Government had

“an appropriate, proportionate, workable and effective solution.”—[Official Report, 16 September 2020; c 14.]

However, he could not substantiate that opinion when it came to explaining why the default position had changed from use of the affirmative procedure to use of the negative procedure. In relation to ensuring that there is effective parliamentary scrutiny in situations of EU policy changes or legal changes, that matter continues to concern me, and I think that it should concern all members as we consider the current group of amendments.

I will address that point from Liz Smith head-on at the start of my remarks on the group. The Finance and Constitution Committee made those remarks in the light of its stage 1 consideration of the bill. At stage 2, there were further discussions about what the appropriate powers would be. As a result of that, there were extensive negotiations with the parties that were concerned about the matter and had lodged stage 2 amendments, in order that we should get the right solution. That is what the parties that were involved believe that we have, as Patrick Harvie made clear.

To quote a stage 1 criticism of a bill that has changed at stages 2 and 3 does not appear to me to be entirely relevant. What is relevant here—I want to call a spade a spade—is that the Tories do not wish to have the bill. We know that from the passing of the first continuity bill, when they changed the law at Westminster to prevent the will of this Parliament being fulfilled. Now they do not want the second bill, but they are being a little bit more subtle in going against it. There have been partial quotes from past discussions on the bill and partial quotes from people who have given evidence, and all of that comes together to present the Tories as the champions of scrutiny in this Parliament.

Unfortunately, I have to make it plain that that is not the case. The reality of the situation is that, when there were problems with the bill—as there were—the Government accepted them and discussions took place to try to deal with them.

I highlight again the direct quote from the Law Society of Scotland, which said that

“the normal rule must be that”

the exercise of the power

“is subject to affirmative procedure ... except in minor cases”.

The legislation that the cabinet secretary is bringing forward does exactly the opposite. Does he not recognise the concern that the Law Society of Scotland expressed?

The member is misrepresenting the case. The power is not going to be used in a vast number of hugely significant cases, and, when there are significant cases, the bill now addresses those very clearly. Indeed, the arch critic of the approach in the chamber was Mike Rumbles, and I am pleased to say that we have lodged an amendment that he regards as acceptable, which will guard against the problems that the member has raised.

Everybody is content with the bill except the Conservatives. Why would that be? It would be either because the Conservatives are and always have been stalwart champions of Scottish democracy or because they have become, to a man and woman—even to a man and a departed woman such as Michelle Ballantyne, who is up in the gallery—staunch Brexiteers. Staunch Brexiteers do not like the reality of trying to remain close to Europe.

I notice that Ruth Davidson is scowling at me about that. Ruth Davidson is a person who wished to be in the single market and the customs union—

Mr Russell, I think that we will stick to the bill and the amendments rather than anything else.

16:30  

Of course, Presiding Officer. Let me attend to the bill, as long as members are not scowling at me any longer.

Each amendment in the group is unnecessary, unwieldy and unhelpful. Dean Lockhart’s amendments provide for a sifting mechanism and a super-affirmative procedure that are no less cumbersome and onerous than those that were proposed in the similar stage 2 amendments.

Although amendment 47 contains some technical deficiencies, it is because of the unacceptable burden on the use of the power that members should object to it. There appear to be no exceptions to the arduous procedure that is provided for, which is a mechanism that the DPLRC considers it would be “disproportionate to apply”. There is the reality of a recommendation.

The super-affirmative process that is to be provided for by amendment 48 takes no heed of the debate at stage 2. Given the significant amendments in Liam McArthur’s name in the next group, which the Government intends to support, the weighty burden represented by amendments 47 and 48 simply cannot be supported.

Michelle Ballantyne’s amendments 9 and 10 open the door not only to uncertainty but to speculative legal challenge, as do Dean Lockhart’s amendments 49 to 51. It is surprising that, at stage 3, we are still having to debate the unsatisfactory use of terms such as “significant” in these types of amendments, which will quite clearly mean different things to different people, as is acknowledged—[Interruption.] No. That is acknowledged by the DPLRC in its stage 2 report, which was published on 11 December.

As I said, a group of members from across the chamber came together to work constructively and collaboratively on amendments that encompass the purpose, consultation, policy statement and reporting. They have done the hard work on the bill, and they have changed it, following the objections that were made at stage 1, into a bill that they wish to support.

I ask members to reject the burdensome, technically deficient and, frankly, wrecking amendments in the group and instead support the later amendments in the names of Angela Constance and Liam McArthur, as well as the amendments in my name, which provide for some necessary tidying up as a result.

The cabinet secretary’s main line of argument against the amendments in this group is that the additional reporting requirement and the requirements to set out a policy statement will be sufficient to allow Parliament and stakeholders to scrutinise the use of the powers. I fundamentally disagree, as do the Law Society of Scotland, NFU Scotland and other stakeholders.

Reporting requirements do not give Parliament or stakeholders any real powers of scrutiny when significant changes such as the ones that I described are being introduced. Reporting requirements mean only that the Parliament has a passive role in receiving updates from the Scottish ministers instead of being able to demand proper levels of scrutiny, impact assessments and stakeholder feedback. As a result of the legislation, stakeholders will have no opportunity to provide meaningful input into significant new laws and policies that are being introduced by the Scottish ministers.

For those reasons, I will press my amendments 47 to 51.

The question is, that amendment 47 be agreed to. Are we agreed?

Members: No.

There will be a division.

The vote is now closed. I ask members to alert me if they have had any difficulties in voting.

I would have voted no, but I was unable to access the platform.

Mr Gibson would have voted no. I will make sure that that is added to the voting roll.

My phone would not let me vote. I would have voted against.

You would have voted no. I will make sure that your vote is added to the voting roll.

I can tell Aileen Campbell that her vote was registered.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mason, Tom (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 27, Against 90, Abstentions 0.

Amendment 47 disagreed to.

Amendment 48 moved—[Dean Lockhart].

The question is, that amendment 48 be agreed to. Are we agreed?

Members: No.

There will be a division.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mason, Tom (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (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)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 27, Against 89, Abstentions 0.

Amendment 48 disagreed to.

Section 4—Scrutiny of regulations under section 1(1)

Amendment 9 moved—[Michelle Ballantyne].

The question is, that amendment 9 be agreed to. Are we agreed?

Members: No.

There will be a division.

The vote is now closed. Please let me know if you had any difficulties in voting.

On a point of order, Presiding Officer. My voting app did not connect.

Thank you, Mr McKee. I did not recognise you under the light there. Mr McKee would have voted no. That vote will be added to the voting register.

On a point of order, Presiding Officer. Likewise, it did not come up on the app for me to vote. I would have voted no.

Mr Macpherson’s vote will be added to the register. Mr Macpherson would have voted no.

On a point of order, Presiding Officer. I continually had an error message. I would have voted no.

Your vote will be added to the register. You would have voted no.

On a point of order, Presiding Officer. My app would not allow me to vote either. I would have voted no.

Your vote will be added to the register. You would have voted no.

Shirley-Anne Somerville and Margaret Mitchell, your votes were registered. There is no need to make a point of order.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mason, Tom (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 27, Against 91, Abstentions 0.

Amendment 9 disagreed to.

Amendment 49 moved—[Dean Lockhart].

The question is, that amendment 49 be agreed to. Are we agreed?

Members: No.

There will be a division.

The vote is now closed. If any member had any difficulty, I ask them to please let me know.

16:45  

On a point of order, Presiding Officer. I would have voted yes.

I will make sure that your vote is added. You would have voted yes.

On a point of order, Presiding Officer. I would have voted no if I could have voted.

Your vote will now be added to the register. You voted no, Ms Hyslop.

On a point of order, Presiding Officer. I would have voted yes.

You would have voted yes and that will be added to the register.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mason, Tom (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 27, Against 91, Abstentions 0.

Amendment 49 disagreed to.

Amendment 50 moved—[Dean Lockhart].

The question is, that amendment 50 be agreed to. Are we agreed?

Members: No.

There will be a division. It will be a one-minute division.

The vote is now closed. If any members had any difficulty in exercising their vote, I ask them to please let me know.

On a point of order, Presiding Officer. I would have voted no if I had access to the app.

I will make sure that your voted is added. You voted no.

On a point of order, Presiding Officer. My screen has not cleared, so I am not sure whether my vote is recorded.

Your vote is recorded, you can be reassured.

On a point of order, Presiding Officer. Like Ms Cunningham, my screen has not cleared on this occasion. I would have voted no.

In this case, I assure you that your vote has been recorded, Mr Stewart.

On a point of order, Presiding Officer. My screen has refreshed and it says that I have not voted—I would have voted yes.

Your vote will be added. You voted yes.

On a point of order, Presiding Officer. I have a message saying that there has been a problem with the digital voting connection. I would have voted no.

I assure you that your vote registered.

On a point of order, Presiding Officer. I had the same problem as Mr Wheelhouse, as a message came up about my digital voting connection. I would have voted no.

I assure Ms Constance that her vote was counted. I can also tell Jamie Hepburn that his vote was registered.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mason, Tom (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 26, Against 91, Abstentions 0.

Amendment 50 disagreed to.

Amendment 51 moved—[Dean Lockhart].

The question is, that amendment 51 be agreed to. Are we agreed?

Members: No.

There will be a one-minute division.

The vote is now closed. If any member thinks that they were not able to cast their vote, please let me know. Give it a second, and then let me know.

On a point of order, Presiding Officer. The screen on my phone did not renew, but I would have voted no.

Your vote will be added to the register.

On a point of order, Presiding Officer. I would have voted no.

Your vote will also be added to the register. Fiona Hyslop and Gil Paterson both voted no. I can assure Mr Briggs that he voted.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mason, Tom (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 27, Against 91, Abstentions 0.

Amendment 51 disagreed to.

After section 4

Amendment 10 moved—[Michelle Ballantyne].

The question is, that amendment 10 be agreed to. Are we agreed?

Members: No.

There will be a one-minute division.

The vote is now closed. I ask members to let me know if they had any difficulty in voting.

On a point of order, Presiding Officer. I was not able to vote using the app, but I would have voted no.

That vote will be added to the register.

On a point of order, Presiding Officer. I am not entirely sure that I was able to vote. My screen had frozen, so I went back to basics and refreshed, but I do not know whether I made it in time. I would have voted no.

I have been told that your vote was registered, Mr Paterson. I can also assure you that your vote was registered, Mr Hepburn.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kelly, James (Glasgow) (Lab)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mason, Tom (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 28, Against 90, Abstentions 0.

Amendment 10 disagreed to.

Section 4A—Policy statement on the section 1(1) power

Group 5 is on the policy statement and reports on the section 1(1) power. Amendment 12, in the name of Liam McArthur, is grouped with amendments 13, 52, 15 to 21, 24 to 29, 31, 32, and 53.

There are many amendments in the group, so I apologise if it takes a bit of time to walk through them.

The purpose of my amendments is to increase transparency in use of section 1(1) powers and to strengthen the role of the Scottish Parliament in that process. That reflects an amendment that I lodged at stage 2 and a concern that was highlighted by various members about powers that the bill will vest in ministers to keep pace with EU legislation and standards.

There is strong cross-party agreement that such significant powers need to be accompanied by robust mechanisms for ensuring that they are used responsibly and that ministers are properly accountable for their decisions. That cross-party recognition of the need for a better balance to be struck is important. I am very grateful to Angela Constance, Patrick Harvie and Alex Rowley, as well as the cabinet secretary, for working with me following stage 2 to develop a way to address those concerns.

To that end, the amendments in my name in the group offer a suite of changes that would strengthen the requirements for Scottish ministers to openly and publicly account for how they use the powers, and would provide a greater role for the Scottish Parliament in that process.

Section 4A of the bill requires Scottish ministers to publish a statement of their policy on the factors that are to be taken into account when considering whether to use the power to align. Amendments 12 and 13 would add to the required content of that policy statement so that ministers would also have to set out the approach that they intend to take and the process that they will follow in deciding whether to use the power to align. That would mean that ministers would have to set out their approach to important matters such as consultation of stakeholders, and that the policy statement would therefore act as the transparent guiding framework within which ministers would use the power.

Amendment 18 would give the Parliament a significant role in development of that policy statement. First, it would require that ministers lay the statement in draft form for at least 28 days, and that they

“have regard to any representations”

made about that draft during that period. Secondly, ministers must thereafter lay a copy of the statement for approval by the Parliament, accompanied by an explanation of how ministers

“have had regard to any representations”.

It allows that within 28 days of its being laid, the Parliament can resolve that the statement not be approved. If that were to be the case, the Government would be prevented from publishing the statement and would instead have to lay a revised version for approval.

17:00  

Although the expectation is, of course, that ministers will use the power in accordance with the terms of the policy statement, I recognise that there might be circumstances—I hope, very rarely—in which it is judged necessary to use the power either before a policy statement is approved and published, or in some way that is not in accordance with the policy statement. My amendments do not seek to prevent the Government from acting in such a way, but amendment 21 would require it to account for its actions by making a statement explaining why it considers there to be good reasons for doing so.

Amendment 15 would require that when the Government has felt it necessary to act other than in accordance with the policy statement, it must review the policy statement. That point was made by Patrick Harvie.

Similarly, amendment 32 is concerned with the Parliament’s ability to have its say on how the Government plans to align with EU law. It would require that the Government’s report setting out its intended uses of the power be laid before the Parliament in draft form before it is finalised, and that the report be laid in draft form within two months of the end of the previous reporting period.

Amendment 31 is consequential and would delete the earlier timing requirement. That would give the Parliament an opportunity to express its views on the intentions, and it would provide an important extra layer of scrutiny and oversight. The amendment would require ministers to have regard to those views before finalising the report and, furthermore, to set out how they have done so when they finalise the report.

Amendment 32 also deals with the circumstances in which the Parliament might feel that primary legislation is a more appropriate vehicle than regulations. That issue has been of particular interest to a number of MSPs, particularly my colleague Mike Rumbles, who has been working with the cabinet secretary to introduce further safeguards in that respect. That is very welcome.

My amendments represent a genuinely collaborative effort—cross-party and between the Parliament and the Government—for which I am very grateful. I believe that they would put in place a workable solution that would provide transparency and accountability, and would provide public confidence in the process of ensuring that Scotland continues to keep pace with the highest environmental standards and protections.

I move amendment 12.

In the light of the amendments that Liam McArthur has lodged and his explanation of them, I intend not to move amendments 52 and 17, because they overlap with head (1) of amendment 18.

However, I will move amendment 16, because it would strengthen the way in which the statement was laid. The amendment would require slightly stronger approval of the statement when it comes to the Parliament.

I have lodged amendment 20 because it is important that we understand the implications of regulations that are introduced, particularly the social benefits that might result and the costs that might be incurred as a result of having to implement them. I would like the Government to explain what alternative approaches that have been considered that could deliver the same or more ambitious outcomes for the people of Scotland. It is not necessarily the EU that can define the best ways to do things; Scotland can do that for itself.

Amendment 26, which I will move, would require that the report identify the parliamentary procedure that ministers expect to apply.

I welcome Liam McArthur’s work on the matter and the strong cross-party agreement behind his amendments.

I will briefly explain why I have lodged amendment 19. It is disappointing that the European principle of animal sentience has not been included in the bill. At stage 2, I moved amendments to part 2 of the bill seeking to retain that principle, but they were defeated, with the Government returning to the argument that animal welfare laws from more than 100 years ago are somehow still sufficient.

One year ago, Roseanna Cunningham told the Environment, Climate Change and Land Reform Committee that the Scottish Animal Welfare Commission was considering the principle further. However, as yet there has been no conclusion to that work and no report from it. There is a lack of clarity as to whether Liam McArthur’s amendments would actually deliver that detailed consideration by a specific date.

Amendment 19 is a belt-and-braces amendment: it acknowledges that the Government wants more time to consider definitions of animal sentience, but would also require it to consult and report to the Parliament within one year.

I call the cabinet secretary, Mr Russell, to speak to amendment 24 and the other amendments in group 5.

This is the lengthiest group that applies to the part of the bill for which I am responsible, and covers the policy statement, reporting and explanatory statements.

With respect to the amendments on the policy statement, I am grateful to Liam McArthur for the constructive way in which he has approached developing his amendments, and am happy to support them. Strong will from the Parliament will be needed, because the policy statement will be the key document that will guide and define how ministers approach use of the power.

Taken together, Liam McArthur’s amendments will do the following. First, they will require that the policy statement contains detail of the approach that ministers intend to follow in deciding whether to use the power. That will enable the Government—as part of the policy statement—to set out the approach that it intends to take to consultation.

Secondly, the amendments set out the process that must be undertaken to consult the Parliament on, and seek its approval for, the draft policy statement. If the Parliament is unhappy with what the Government says on consultation, or anything else, it could resolve not to approve the policy statement.

Thirdly, the amendments will require ministers to make an explanatory statement accompanying regulations that are made in advance of the policy statement being agreed, and which are not in accordance with the policy statement. That statement will explain why that is considered necessary and would bring the issue to the Parliament’s attention for appropriate scrutiny, but would not prevent the Government from acting, when necessary.

Liam McArthur’s amendments will achieve more clearly and in a more rounded and balanced way what Michelle Ballantyne’s amendments 52, 16 and 17 seek to do. Amendment 52 would require ministers to publish an additional statement, but there is no express provision allowing that additional statement to be revised.

Amendment 17 would require ministers to lay draft statements, but amendment 18 achieves that in a clearer and more comprehensive way.

Amendment 16 seeks to make it clear that ministers cannot use the power to align until statements have been approved. There are some severe technical deficiencies with the amendment. It is unclear, for example, how it will relate to section 4A(3), which provides that

“It is not necessary for a policy statement to have been published ... before the power under section 1(1) may be used.”

However, more fundamentally, unlike Liam McArthur’s amendment 21, amendment 16 fails to recognise that a situation might arise in which it is in Scotland’s best interests to use the power. Michelle Ballantyne has said that she intends to press the amendment; I think that it represents the worst of all worlds.

I turn to reporting. Section 7 requires ministers to report on use of the power. Voting on amendments at stage 2 produced a rather confused set of provisions. Amendments 24, 25, 27, 28 and 29, which are in my name, will in essence tidy up the bill and address those anomalies.

Amendment 24 will remove an overlapping duty on ministers to report on intended uses of the power.

Amendment 25 will remove some unnecessary wording.

Amendment 27 will omit the duty on ministers to lay a first report setting out intended use of the power within two months of that power taking effect. That will avoid clashes with the Scottish Parliament elections.

Amendment 28 will tidy up the definition of “first reporting period”.

Amendment 29 will alter the reporting requirements so that they are in a yearly rhythm, which is in step with the European Commission’s annual work programme.

I am happy to support Liam McArthur’s amendment 32 and consequential amendment 31. Amendment 32 will strengthen the Parliament’s role in relation to how the Government intends to use the power to align with EU law, and makes specific provision in relation to circumstances in which people might feel that primary legislation is more appropriate.

Mike Rumbles and others have expressed their views on that point. Indeed, Mike Rumbles had objections to the first continuity bill as well as specific objections on the point in this bill. I thank him for the discussion that we have had, and am happy to confirm to him that amendment 32 addresses his concerns, as he has acknowledged. It will allow the Parliament the opportunity to set out a clear view that certain matters should not be the subject of secondary legislation, and will force the Government to have regard to those views and respond specifically to them. It will not—because it would not be appropriate to do so—force any Government to create primary legislation. However, it will remain open to the Parliament to annul or not to approve secondary legislation if it does not agree with it, and to create its own primary legislation when it feels that that is right.

There has always been a role for primary legislation in the bill—particularly in areas of major innovation in which I would not expect the Government to create secondary legislation. I am very happy to confirm that through my support for amendment 32. I hope that the Parliament will agree.

As I come to an end, I want to thank Patrick Harvie, Liam McArthur, Alex Rowley, Angela Constance and Mike Rumbles, in particular, for engaging in a pragmatic way to take the issues forward.

I cannot support amendment 53 in the name of Dean Lockhart. It would introduce—as many of his amendments would—an unhelpful procedure that would tie the Government up in endless rounds of reporting, and would essentially stymie effective use of the power. Amendment 53 is unnecessary, because Angela Constance’s amendments 22 and 23 will require ministers to report on how past and future uses of the power contribute to achieving the purpose that is set out in amendment 7. Ministers will have to report on any uses of the power that have been under active consideration but have not been implemented.

Liam McArthur’s amendments 15 and 21 will require that if ministers bring forward legislation that is not in accordance with the policy statement, they must not only make a statement explaining why they have done so but must review the policy statement itself. That, too, makes amendment 53 unnecessary.

Amendment 26, in the name of Michelle Ballantyne, would require ministers to report on which parliamentary procedures should apply. It would, in some cases, be premature for the Government to indicate which procedure would be most appropriate, because a particular measure might be at an early stage of development. The report will be an anticipatory report: for that reason it would not be appropriate to require that that information be included in the report.

Michelle Ballantyne’s amendment 20 duplicates something that the bill already requires, which is that when ministers use the power, they must make a statement explaining the instrument, saying why there are good reasons for it, saying what the law was previously and explaining the effect on retained EU law. They must also make statements on the effect of the instrument on equality legislation, human rights, employment and health and safety. Ministers must explain the financial implications of the instrument and must say whether there has been a consultation.

There is vast crossover between the terms of amendment 20 and what we have already agreed in our consideration of whether alternative approaches could deliver equivalent outcomes. That is exactly the sort of issue that will be addressed in the Scottish ministers’ policy statement, which will, if Liam McArthur’s amendment 18 is agreed to, have to be approved by the Parliament.

Amendment 19, in the name of Mark Ruskell, deals with animal sentience. Some people hold to a misunderstanding that all species of animals are sentient beings. That seems to have led to some confusion as to what it means to implement the sentience principle.

Whether a particular animal is sentient is a matter of scientific fact and evidence, not of principle. It is widely accepted that vertebrates such as mammals, fish, reptiles and birds are sentient, but that that is not true for the majority of invertebrates. The sentience principle is an obligation to have regard to the welfare needs of sentient animals when we develop policy and legislation. Amendment 19 is not necessary for us to do that.

As I said when I supported Angela Constance’s amendment 7, that amendment will require the Government to have due regard to the purpose, which is—among other things—to

“contribute towards maintaining and advancing standards”

of animal health and welfare when the power is used to align with EU law.

Angela Constance’s amendments 22 and 23 will require ministers to report, in each reporting period, on how use of section 1(1) has contributed or continues to contribute, or is expected to contribute, to achieving the purpose that is provided for by amendment 7. The amendment does not impinge on the generality of the power, whereas amendment 19 would. Amendment 19 attempts to imply that this one matter is more important than all the others in relation to which the power to align can be used.

Nonetheless, I appreciate amendment 19 and say to Mark Ruskell that the Scottish Government will consider, and report on, how section the 1(1) power can be used to maintain and advance welfare standards for sentient animals. Therefore, considering what amendments 7, 22 and 23 will achieve, and the fact that the Scottish Animal Welfare Commission has a remit to report annually on how the welfare of sentient animals has been addressed, I urge the member not to press amendment 19.

I ask members to support the amendments in my name and I commend Liam McArthur’s amendments. I am grateful to the members who have worked hard to come together in supporting the amendments and I ask Mark Ruskell, Michelle Ballantyne and Dean Lockhart not to move the amendments in their names.

Amendment 53 would introduce a reporting requirement in limited circumstances where the Scottish ministers decided not to exercise the keeping pace powers. The amendment goes beyond the others in this group and would give the relevant parliamentary committee the power to request a report by the Scottish ministers on the non-use of those powers, but only if the committee considered that a significant change in EU law or policy had not been followed. The reasoning behind the amendment is that it would provide the Parliament and stakeholders with a better understanding of where and why Scots law is aligned—or not aligned, as the case may be—with future EU law.

With regard to the other amendments in the group, we will support Liam McArthur’s amendments and Michelle Ballantyne’s amendments 16, 20 and 26, but not amendment 17. We are unable to support the cabinet secretary’s amendments in the group as, in large part, they seek to reduce the reporting requirements that were agreed at stage 2.

17:15  

I support anything that allows Scotland to trade more easily with our neighbours, and that includes this bill. However, I was genuinely concerned that the bill as drafted, and before any amendment at stage 3, allowed the Government to use regulations for keeping pace powers when, for major change, it should use primary legislation. As we all know, regulations cannot be amended, so that would make it difficult in the Scottish Parliament to do anything else. I lodged amendments at stage 2 to prevent that from happening, but I did not press them. I was particularly taken by Alex Rowley’s comment at stage 2 that he thought that I had gone a bit too far; I recognised that.

I want to give credit where credit is due, and I give that credit to Mike Russell, the cabinet secretary. He has worked really well with everybody, including me, to reach a consensus on the very important issue of the power of the Parliament vis-à-vis the power of the executive. Over the years, it has been my experience that executives or Governments of any party tend to want to use regulations quite extensively, when other arrangements might be more appropriate.

The cabinet secretary engaged with me and other colleagues. As a result, subsection (6) of the new section that amendment 32, in Liam McArthur’s name, would insert, really tackles the issue. It ensures that if the Parliament feels that changes should be made by primary legislation, it can say so formally to the Scottish Government, and the Scottish Government must respond to that statement. Mike Russell is quite right that no Parliament can force a Government to introduce primary legislation on something. However, if the Parliament spoke and said that the Government should do that, I would be very surprised if any Government turned around and said to the Parliament that it would not and would instead proceed with laying regulations.

The provision in amendment 32 is a pragmatic and very good compromise. It achieves the objectives, and I have not seen a better example of everybody working together to do that. I want to compliment the cabinet secretary on his willingness to reach agreement across the board.

I very much support the sentiments behind Mark Ruskell’s amendment 19. He will accept my view on the principle of animal sentience.

The cabinet secretary has pre-empted, as he is definitely entitled to do, much of what I wanted to say, which will make this a shorter contribution. The difficulty with Mark Ruskell’s amendment is that this is not the place for it. In the proposed new section, “Purpose of maintaining and advancing standards”, which Ms Constance’s amendment 7, would insert, there are five different sectors to be dealt with—“environmental protection”, “animal health and welfare”, “plant health”, “equality” and “social protection”—all of which must be reported on, but Mr Ruskell is seeking a special report on animal sentience, which I do not think is appropriate in this bill, although it might be appropriate elsewhere.

Amendment 7 would also require ministers to

“have due regard to the purpose”—

that is, animal welfare, which is significant. Also, amendments 22 and 23 require ministers to report.

Mr Ruskell’s approach would require a stand-alone consultation—although he does not say who is to be consulted or how it is to be gone about—on animal sentience alone. I do not think that that is appropriate.

Finally, as the cabinet secretary mentioned, the Scottish Animal Welfare Commission has a role to play. It is early days for the commission—it was established only in September 2019. I have looked at its minutes. Its previous meeting was in December 2020, and I see that it has joined the European Forum for Animal Welfare Councils. One of the commission’s objectives is to consider the welfare of sentient animals. I think that we should give it time to breathe and report. Its duty is, of course, to look at how devolved policy is meeting the welfare of such animals. I note that Mr Ruskell said that amendment 19 is “belt and braces”. I do not think that we need that.

I call Liam McArthur to wind up, and to press or withdraw amendment 12.

I am always willing to take Christine Grahame’s advice on the wearing of belts and braces.

I thank all those who have contributed to the debate on this group. First of all, I offer an apology to Michelle Ballantyne, Dean Lockhart and Mark Ruskell for not addressing their amendments in my opening remarks—I hope that they will appreciate that I had quite a bit of ground to cover.

I welcome Michelle Ballantyne’s comments when she talked about not moving a number of her amendments. However, we cannot support those that she has indicated that she will move, for many of the reasons that the cabinet secretary has outlined, not least because they duplicate the amendments in my name or are unnecessary because of my amendments, which I hope will be agreed to.

On Mark Ruskell’s amendment 19, I very much find myself in the same place as Christine Grahame—that is, I am sympathetic to the principle underlying it. However, for the reasons set out by the cabinet secretary and echoed by Christine Grahame, we cannot support it.

I am grateful to a number of members, particularly Patrick Harvie, Angela Constance and Alex Rowley, for their help and support in progressing the amendments, but I am especially grateful to the cabinet secretary for the way in which has engaged with me. As he said, the amendments are about improving transparency and accountability and underpinning the Parliament’s legitimate scrutiny and oversight functions in relation to the significant powers that the bill will invest in ministers. That is right and proper.

It has been a genuinely collaborative, cross-party effort between the Parliament and the Government. It is a signal of the festive season of goodwill to all men and women that we find Mike Russell and Mike Rumbles in unison on the bill. There is no finer way to end my contribution than that.

I press amendment 12.

Amendment 12 agreed to.

Amendment 13 moved—[Liam McArthur]—and agreed to.

Amendment 52 not moved.

Amendment 15 moved—[Liam McArthur]—and agreed to.

Amendment 16 moved—[Michelle Ballantyne.]

The question is, that amendment 16 be agreed to. Are we agreed?

Members: No.

There will be a one-minute division.

The vote is now closed. Please let me know if you have had any issues or difficulties with the vote.

I advise Gail Ross that her vote has been recorded.

On a point of order, Presiding Officer. I had difficulty in voting, and I would have voted yes.

Thank you, Mr Balfour. I will ensure that your vote is added to the roll.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mason, Tom (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 27, Against 90, Abstentions 0.

Amendment 16 disagreed to.

Amendment 17 not moved.

After section 4A

Amendment 18 moved—[Liam McArthur]—and agreed to.

Amendment 19 not moved.

Section 6—Explanatory statements: good reasons, equalities etc

Amendment 20 moved—[Michelle Ballantyne].

The question is, that amendment 20 be agreed to. Are we agreed?

Members: No.

There will be a division.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mason, Tom (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 27, Against 91, Abstentions 0.

Amendment 20 disagreed to.

Amendment 21 moved—[Liam McArthur]—and agreed to.

Section 7—Reports relating to the exercise of the section 1(1) power

Amendments 22 and 23 moved—[Tom Arthur]—and agreed to.

Amendment 24 moved—[Michael Russell].

The question is, that amendment 24 be agreed to. Are we agreed?

Members: No.

17:30  

There will be a division. Please let me know if you have any difficulties in voting.

On a point of order, Presiding Officer. The app does not seem to have registered my vote; I would have voted yes.

Your vote was registered, thank you, Mr Macpherson.

On a point of order, Presiding Officer—

I am being assured that you voted, Mr Brown, and I can confirm to both Clare Adamson and Aileen Campbell that their votes were registered as well.

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

Against

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mason, Tom (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

The result of the division is: For 91, Against 27, Abstentions 0.

Amendment 24 agreed to.

Amendment 25 moved—[Michael Russell].

The question is, that amendment 25 be agreed to. Are we agreed?

Members: No.

There will be a division. Please let me know if you have any difficulties in voting.

On a point of order, Presiding Officer. The vote is not coming through on my screen. I would have voted no.

Thank you, Mr Burnett. Your name will be added to the voting roll.

On a point of order, Presiding Officer. I was unable to vote, but I would have voted yes.

Thank you, Ms Baillie. I will make sure that your name is added to the voting roll.

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

Against

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mason, Tom (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

The result of the division is: For 90, Against 26, Abstentions 0.

Amendment 25 agreed to.

Amendment 26 moved—[Michelle Ballantyne].

The question is, that amendment 26 be agreed to. Are we agreed?

Members: No.

There will be a one-minute division.

The vote is now closed. I ask members to alert me if they had any issues with voting.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
Bibby, Neil (West Scotland) (Lab)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Marra, Jenny (North East Scotland) (Lab)
Mason, Tom (North East Scotland) (Con)
McNeill, Pauline (Glasgow) (Lab)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (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)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 30, Against 87, Abstentions 0.

Amendment 26 disagreed to.

Before we go any further, I am sorry to note that we are running slightly behind time. I am minded to accept, under rule 9.8.5A, a motion without notice that the next time limit be extended by up to 30 minutes. I call the Minister for Parliamentary Business and Veterans to move such a motion.

I do so with regret, Presiding Officer.

Motion moved,

That, under rule 9.8.5A, the time limit for Group 6 be extended by up to 30 minutes.—[Graeme Dey]

Motion agreed to.

Amendment 27 moved—[Michael Russell].

The question is, that amendment 27 be agreed to. Are we agreed?

Members: No.

There will be a division.

The vote is now closed. Members should let me know if they had any difficulties.

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McKee, Ivan (Glasgow Provan) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

Against

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Davidson, Ruth (Edinburgh Central) (Con)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mason, Tom (North East Scotland) (Con)
McArthur, Liam (Orkney Islands) (LD)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Swinney, John (Perthshire North) (SNP)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

The result of the division is: For 87, Against 31, Abstentions 0.

Amendment 27 agreed to.

Amendment 28 moved—[Michael Russell].

The question is, that amendment 28 be agreed to. Are we agreed?

Members: No.

There will be a division.

The vote is now closed. Members should let me know if they had any difficulties.

On a point of order, Presiding Officer. I had an error message on my voting platform. I would have voted against amendment 28.

Thank you, Mr Whittle. Your vote will be added to the voting roll.

On a point of order, Presiding Officer. I had the same issue, and I would have voted against amendment 28.

That, too, will be added to the voting roll.

On a point of order, Presiding Officer. I am sorry, but my vote has not come up. I voted against amendment 28.

Your vote against amendment 28 will also be added to the voting roll.

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

Against

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mason, Tom (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

The result of the division is: For 91, Against 28, Abstentions 0.

Amendment 28 agreed to.

Amendment 29 moved—[Michael Russell].

The question is, that amendment 29 be agreed to. Are we agreed?

Members: No.

There will be a division.

The vote is now closed. Members should let me know if they had any difficulties.

17:45  

On a point of order, Presiding Officer. I voted yes, but I have not had a confirmation.

I can confirm that your vote was registered, Mr Brown.

On a point of order, Presiding Officer. My screen is showing an error message. I voted yes.

I assure you that your vote was registered, Ms Haughey.

I also assure Edward Mountain, Maree Todd, Clare Adamson and Colin Beattie that their votes were registered.

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)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

Against

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mason, Tom (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

The result of the division is: For 90, Against 28, Abstentions 0.

Amendment 29 agreed to.

Amendment 30 moved—[Tom Arthur]—and agreed to.

Amendment 31 moved—[Liam McArthur]—and agreed to.

After section 7

Amendment 32 moved—[Liam McArthur]—and agreed to.

Amendment 53 moved—[Dean Lockhart].

The question is, that amendment 53 be agreed to. Are we agreed?

Members: No.

There will be a division.

The vote is now closed. Members should please let me know if they had any difficulties.

On a point of order, Presiding Officer. I am getting an error message and I would have voted no.

Thank you. I will make sure that your vote is registered.

Bob Doris has a point of order.

While we are waiting for Mr Doris, I can tell Alex Cole-Hamilton that his vote was registered.

Bob Doris, there is no need for you to raise a point of order, as your vote was registered.

For

Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
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)
Golden, Maurice (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Kerr, Liam (North East Scotland) (Con)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Mason, Tom (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Tomkins, Adam (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)

Against

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)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (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)
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)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
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)
Kelly, James (Glasgow) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (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)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
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)
McNeill, Pauline (Glasgow) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (North East Fife) (LD)
Robison, Shona (Dundee City East) (SNP)
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)
Smith, Elaine (Central Scotland) (Lab)
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)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 28, Against 90, Abstentions 0.

Amendment 53 disagreed to.

Section 10—Ministers’ duties to have regard to the guiding principles

Group 6 is on duties in relation to guiding principles on the environment. Amendment 33, in the name of cabinet secretary Roseanna Cunningham, is grouped with amendments 34 and 36.

Throughout the passage of the bill, there has been a lot of debate about the framing of the duties in sections 10 and 11, in respect of the guiding principles on the environment. The duties on ministers and public authorities seek to ensure a continued role for domestic environmental principles informed by EU environmental principles in the development of law and policy in Scotland.

In its stage 1 report, the Environment, Climate Change and Land Reform Committee called for a strengthening of the formulation of the duties. At stage 2, Opposition amendments to change the form of the duties to “act in accordance with” did not gain support. Members recognised that it would be disproportionate with respect to the other duties on ministers and public authorities. Finlay Carson did not press his amendments in relation to the formulation of the duties in order to allow further consideration.

The guiding principles on the environment are important considerations in decision making, but we need to ensure that duties on ministers and public authorities in respect of the principles are proportionate in their effect. The duties need to work well with the wide range of statutory duties and other relevant factors that ministers and public authorities might have to consider in any decision-making process.

The Government’s amendments will change the formulation of each duty to “have due regard to” the guiding principles on the environment. That will strengthen the duties in a way that maintains a proportionate balance with other duties and factors in decisions. Accordingly, I invite members to agree to amendments 33, 34 and 36.

I move amendment 33.

Amendments 33, 34 and 36 mirror my amendments 1065 and 1066, which I lodged but subsequently withdrew at stage 2. My amendments were lodged to address the “have regard to” question.

The ECCLR Committee’s stage 1 report recommended that

“the Scottish Government brings forward amendments at Stage 2 to strengthen the wording in relation to the duty to have regard to the principles. The Committee highlights the suggestions made to it which includes a duty to ‘have due regard to’ or to ‘act in accordance with’.”

The strength of the duty to apply the principles is an issue that should and could have been dealt with at stage 2. The committee recommended that, and it was disappointing that the Government chose not to respond positively at that time, given that the same recommendation was made in relation to the UK Environment Bill by the Westminster committees that conducted pre-legislative scrutiny. The UK Government responded to that by agreeing the “have due regard to” approach.

Those recommendations were, of course, based on the concerns of stakeholders who have experienced Government exercising similar duties. The concern was probably best summarised by the Law Society of Scotland, which commented:

“You could ‘have regard to’ something but attach little or no weight to it. The phrase is, by its nature, limited in scope.”—[Official Report, Environment, Climate Change and Land Reform Committee, 18 August 2020; c 32.]

Therefore, I welcome amendments 33, 34 and 36, in the name of Roseanna Cunningham. If they are agreed to, they will strengthen the duty on the Scottish ministers and public authorities to “have due regard to” the five environmental principles in the course of carrying out their functions. Strengthening the duty in that way represents an improvement on the current wording of the bill, and it would ensure that the principles are properly considered.

Clause 18 of the UK Government’s Environment Bill, which introduces the same four principles in relation to the responsibilities of secretaries of state, uses the term “have due regard to”. I am sure that there will be cross-party support in recognising that the Scottish legislation should at least match that for England.

I welcome the shift from the cabinet secretary, which addresses the cross-party concerns in the committee and reflects the evidence that we heard from a number of eminent professors of environmental law. The change of wording, from “have regard to” to “have due regard to”, is subtle but significant. At the very least, it means that we will not fall behind the UK Government in environmental alignment. I would far rather have seen the phrase “act in accordance with” in the bill, because that would have baked the European principles into policy making. However, the Greens will back the cabinet secretary’s amendments.

Does the cabinet secretary wish to add any comments? I see that she does not.

Amendment 33 agreed to.

Amendment 34 moved—[Roseanna Cunningham]—and agreed to.

Group 7 is on guiding principles and environmental standards Scotland: scope of exceptions for financial matters. Amendment 35, in the name of Mark Ruskell, is grouped with amendment 38.

I regret that the finance and budget exclusion in relation to the principles was not overturned at stage 2. However, to be clear, I have lodged at stage 3 a much narrower amendment that is intended to clarify that fiscal policy and long-term budget strategy must draw on the environmental principles. That is consistent with the way that the European Union and the European Commission approach their budgets and their long-term fiscal policy and programmes.

Years after the Christie commission reported in Scotland, we have yet to fully embed preventative spend and preventative thinking into policy. The precautionary and polluter-pays principles in the bill are strong drivers to support that preventative approach. Currently, we see that levers such as the landfill tax are not taking those environmental principles fully into account. The landfill tax is largely blind to the growth of waste incinerators across Scotland at the moment, despite the evidence from Zero Waste Scotland that there is little difference between incineration and landfill in terms of their climate impact. It is clear that polluters are not paying and that that particular policy is not paying due regard to the environmental principles.

Fiscal policy must be at the heart of a green new deal for Scotland that can tackle the climate and nature emergencies while delivering a post-Covid economic recovery. We can start that by being clear and explicit in the bill that the environmental principles will be there at every step to guide decisions over the long-term fiscal policy.

I move amendment 35.

Amendment 35 attempts to clarify the scope of the exclusion of finance and budget matters from the scope of the duties with respect to the guiding principles on the environment. As I have explained in correspondence with the committee, that exclusion is intended to refer to purely finance and budgetary processes.

The provisions in section 10(3) of the bill reflect the exclusions that already exist in the Environmental Assessment (Scotland) Act 2005 and the European environmental assessment directive. Many significant environmental policies will have some financial consequences and components, and those are not exempt from the requirements of the 2005 act.

Scottish Government and European Commission guidance makes it clear that that exclusion is to be interpreted narrowly to ensure that strategic environmental assessment is undertaken in a meaningful and proportionate manner and at the right level of decision making. Our provisions will achieve an equivalent scope for the application of the principles duties. Policies will not be excluded from consideration under the duties on the basis that they have some financial consequences and components. Moreover, the duty to have due regard to the guiding principles would apply to the development of environmental policies such as the plastic bag charge that seek to influence behaviour through price signals. If amendment 35 is agreed to, it will not clarify the meaning of the exclusion of finance and budgets; in fact, it will do the opposite—it will create confusion.

18:00  

The appropriate place for explanation of the exclusion is the guidance, which will be published by the Scottish ministers under section 13, following consultation and a parliamentary procedure as set out in section 14. Those subject to the duties in sections 10 and 11 will be required to have regard to that guidance when exercising those duties.

Amendment 38 attempts to clarify the scope of the exclusion of finance and budget matters from the definition of environmental law for the purpose of defining the scope of environmental standards Scotland. However, the amendment does not make sense and, again, would only create confusion. Environmental law is defined in the bill as legislative provisions “concerned with environmental protection” and not concerned with an excluded matter. The relation of that definition to an amendment that refers to economic strategy and fiscal policy is very unclear.

What is clear is that, in considering the effectiveness of environmental law and how it is implemented or applied, environmental standards Scotland will be able to consider relevant matters of resourcing. Amendment 38 is confusing and does not make sense, but would create uncertainty about the meaning of environmental law in section 39. Environmental law is a key concept in the bill. The definition of environmental law defines the scope of ESS’s functions and, in turn, its remit. It is therefore important that the definition of environment law is clear. I urge members to reject amendments 35 and 38.

I listened carefully to the cabinet secretary and there were some useful clarifications, particularly in relation to the production of guidance under section 13, and the relationship to existing law and strategic environmental assessment. We will watch carefully the delivery of that guidance and make sure that those principles are being applied, maybe not to financial budgets but certainly to fiscal policy. On that basis, I seek to withdraw amendment 35 and will not move amendment 38.

Amendment 35, by agreement, withdrawn.

Section 11—Other authorities’ duty to have regard to the guiding principles

Amendment 36 moved—[Roseanna Cunningham]—and agreed to.

Section 23—Restrictions on preparing an improvement report

Group 8 is on environmental standards Scotland: functions and resources. Amendment 1, in the name of Claudia Beamish, is grouped with amendments 2, 37, 39, 40 and 43.

Amendments 1 and 2 are designed to keep Scotland in line with the EU and protect the right of any individual to raise a complaint against a public body decision or the misapplication of, or failure to apply, environmental law. I thank Angus MacDonald for lodging identical amendments at stage 2 and enabling a full debate on the topic.

Information at stages 1 and 2 elucidated how, at an EU level, the exercise of that right has led to precedent-setting cases, with significant implications for robust environmental protection. The very purpose of the environmental part of the bill is to ensure that we remain aligned with EU standards, and the Government’s cherry picking in that regard is questionable.

I am aware of the Government’s concerns that, if agreed to, the effect of amendment 1 might lead to an overload of casework and an additional layer of appeal. ESS will already be able to consider information on individual cases, which suggests that the level of casework will already be there. However, I understand that that would be managed by a triage system under its strategy.

The provision of enforcement powers is also crucial in enabling the occasional case to be fully investigated and action taken. A legal barrier to that is very concerning. As Scottish Environment LINK put it, with regard to ESS, such a legal barrier will

“tie its hands behind its back”.

Judicial review should not be the only option available to people, as it is well known to be costly and time consuming. That is not the low-level access to justice that we should be aiming for.

Failure to agree to my amendments will put Scotland not only out of step with the EU but behind UK arrangements, as the office of environmental protection will not have been put under the same limitations. Scottish citizens should not have fewer rights than their EU or English counterparts.

I highlight that the Scottish Environment LINK petition in support of the amendments has received more than 6,000 signatures, and I urge the Scottish Government to reconsider and give its support today.

I also add my support to amendments 39 and 40, on removing the exclusion of climate change from ESS’s remit. In my view, it is somewhat poor form from the Scottish Government to lodge a member’s amendments without agreement, especially after discussion. However, I welcome amendments 39 and 40—I support their intention. Similar amendments were lodged at stage 2 by Mark Ruskell and were withdrawn.

I also support Mark Ruskell’s amendment 43, which would ensure sufficient funds for ESS.

I move amendment 1.

I am disappointed to see amendments 1 and 2 in the name of Claudia Beamish before us today. As she indicated, the amendments are identical to amendments that Angus MacDonald lodged at stage 2. He withdrew them and no other member sought to move them at that stage, following substantial discussion.

I am confident that the model of environmental governance that is contained in the bill will be robust and effective. As I have made clear throughout the bill process, arrangements have been designed that fit with existing institutions and regulatory processes in Scotland, and promote environmental improvement through finding agreed solutions to improve the implementation of environmental law. Enforcement powers are needed to underpin such a system, but I would be disappointed if those were used at all frequently.

Claudia Beamish’s amendments would fundamentally alter the nature of the powers given to environmental standards Scotland to issue compliance notices and prepare improvement reports, and they risk creating confusion about regulatory processes. The uncertainty and the disruption to due process that that would create are not acceptable. We already have comprehensive statutory review and appeals regimes in place in Scotland, which allow individuals and Parliament to hold public bodies to account. We must seek to preserve the integrity of those regimes.

The amendments would create significant uncertainty about the coherence of regulatory and planning decisions and would put pressure on ESS to embark on a series of adversarial challenges to individual decisions. That would not be in the interests of regulators, local authorities, regulated firms and individuals or, ultimately, the environment. Instead of a collaborative approach to finding improvements to the implementation of environmental law, ESS would be at loggerheads with regulators and business from day 1.

Ms Beamish overstates the involvement of the European Commission in reviewing individual cases. Although the European Commission has, on occasion, chosen to investigate individual matters or decisions, its primary focus has been, and remains, very much on decisions and matters of a strategic nature.

More generally, people overestimate the number of cases that the Commission has already brought. Published official Commission data refers to the UK as a whole and shows that, in 2019, there were 30 new infringement cases, 11 of which related to the environment. However, the majority of the infringement cases relate to failures to transpose directives on time. Only one of those 11 new cases relating to the environment was on a matter of concern about compliance with environmental law, rather than an issue of late transposition in some part of the UK.

We recognise the important role that ESS will carry out to fill the gap in governance left by the Commission. ESS must be focused on the most important environmental issues that Scotland faces. Individuals and organisations will be able to submit information and concerns regarding individual decisions to ESS and it will be able to use that information to investigate any underlying regulatory practice issues that may be causing a failure of compliance or a lack of effectiveness in the law or its implementation. However, any enforcement action that ESS decides to take, through issuing a compliance notice or preparing an improvement report, would relate to the underlying regulatory practice and not the individual regulatory decision.

It is also worth noting that, in addition to ESS-specific compliance notice and improvement report powers in sections 22 and 27 of the bill, section 34 gives ESS the power to bring forward proceedings for judicial review in relation to a public authority’s conduct, or to intervene in proceedings between other parties in order to make submissions on the issues that arise.

Those powers are expected to be used only rarely in the most significant cases. Before ESS may make an application for judicial review, it must be satisfied that the conduct constitutes a serious failure to comply with environmental law and that it is necessary to make the application to prevent or mitigate serious environmental harm. However, section 34 does not exclude the exercise of those powers where the issues that arise involve individual regulatory decisions.

At stage 3 of the bill process, we cannot introduce the potential for compliance notices and improvement reports—ESS’s core enforcement tools—to be issued in respect of individual regulatory decisions, when the bill was not designed on the basis that ESS would have such a remit. The provisions on compliance notices and improvement reports are not designed to accommodate the inclusion of individual cases.

I will come on to amendment 3 in the name of Liz Smith, which I will be happy to support. Amendment 3 seeks to include provisions on reviewing the effectiveness of the governance arrangements that will be put in place by the bill, including in relation to access to environmental justice. The review mechanisms that are proposed by Liz Smith’s amendment 3 provide the Parliament with the opportunity to consider again whether the arrangements are effective, and whether the exclusion of ESS compliance notice and improvement report powers in relation to individual regulatory decisions is preventing action from being taken when it should be.

As I have said, I am confident that the model of governance that will be put in place by the bill will be robust and effective and that it will promote a collaborative approach to addressing deficiencies. It is clear that some stakeholders still have doubts about the model. They will be able to voice those concerns during the review, if they still hold them once the provisions are implemented. If, following the review, the Parliament considers that a change to the model is required, that will have to be thought through and reflected more widely in the provisions. Therefore, I invite Ms Beamish not to press amendments 1 and 2; if she presses the amendments, I urge members to vote against them.

I will move rapidly to the other amendments in group 8. Amendment 37, in my name, provides clarity about the exclusion of reserved bodies from the functions of ESS. That intention is clear from the policy memorandum, and the amendment simply makes that explicit in the bill.

I reassure members that that will not create any governance gap. Clearly, UK bodies have to comply with devolved environmental regulations that are applicable to them in relation to any operations in Scotland, and that will continue to be enforced by the environmental regulators. Compliance by those bodies with any environmental provisions in reserved law will come under the oversight of the UK office for environmental protection. Accordingly, I encourage members to agree to amendment 37.

Amendments 39 and 40 in my name remove the exclusion of strategic climate change emissions policy under parts 1 to 3 of the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 from the scope of ESS’s functions. The original intention for the exclusion was to avoid overlap, duplication and confusion with the existing role of the UK Committee on Climate Change in advising on strategic climate change mitigation policy, such as the setting of economy-wide emissions reduction targets, and that of the Parliament in scrutinising and making decisions on those matters.

However, I have listened to the views that were expressed by committee members and others on the issue. At stage 2, an amendment was made to schedule 2 of the bill that sets out the requirements for the strategy that ESS must produce. That amendment will require ESS to consider the relationship between its functions and those of the CCC and to set out in its strategy how it will respect and avoid any overlap with the exercise of the CCC’s functions.

Clearly, ESS will make its own decisions about how to fulfil that requirement, but it is my expectation that it will do so by seeking a memorandum of understanding with the CCC. I am confident that ESS will find ways to avoid duplication of effort on work on strategic climate change matters. In that context, and recognising the views expressed at stage 2 on the importance of having simple and clear arrangements in such an important policy space, I invite members to support amendments 39 and 40.

18:15  

Finally, amendment 43 in the name of Mark Ruskell, sets a framework for ministers’ consideration of the resources available to ESS and for ESS to report on whether it has sufficient resources. I am grateful to Mr Ruskell for accepting the offer that I made at stage 2 to develop the amendment in a form that is consistent with budgetary procedures. I invite members to support amendment 43.

I welcome amendments 1 and 2, in the name of Claudia Beamish, which would allow ESS to take action in relation to individual cases. I understand that amendments 1 and 2 would not allow ESS to overturn individual regulatory decisions, but would provide a solid backstop to ensure that authorities follow due process. In that regard, the amendments would bring certainty to those authorities.

I also welcome amendments 39 and 40, which remove the climate change exemptions from the bill, reversing the position that the Government took against amendments lodged by me and Claudia Beamish at stage 2. It never made sense for ESS to have a role in climate adaptation, but no corresponding role in climate mitigation.

I agree with the cabinet secretary that the stage 2 amendment—lodged by Angus MacDonald—rules out any overlap in functions between ESS and the UK Committee on Climate Change. The UK CCC would never have been able to play a role as an enforcer—it is clearly an adviser, rather than an enforcer—and what we need is an enforcement body. Alongside Parliament and that statutory adviser, we need a strong watchdog, in the form of ESS. By bringing climate change fully into the remit of ESS, we will now have that.

Finally, I turn to amendment 43, in my name. I welcome the constructive discussions that I have had with the cabinet secretary and the bill team. When the newly appointed chair of the interim body came to the Environment, Climate Change and Land Reform Committee, he said:

“if we are going to create the new body and we are serious about it, we must ensure that we are funded to carry out the task appropriately.—[Official Report, Environment, Climate Change and Land Reform Committee, 8 December 2020; c 16.]

The purpose of amendment 43 is to require the Scottish ministers to ensure that resources are available to ESS and that they are sufficient to enable it to deliver its functions. The amendment also requires ESS to include in its annual reports its own assessment of whether the resources that it was allocated were sufficient to enable it to deliver during the year in question.

We all want to see an independent body that puts the public interest first. A crucial part of that is financial independence. Amendment 43 will provide more of that, and I welcome the Government’s support for it.

I intend to press amendment 1. I cannot agree with the cabinet secretary that my amendments on dealing with individual cases would lead to crossover with other bodies and cause confusion. There is some reassurance in what the cabinet secretary has highlighted in relation to section 34. However, we need a robust watchdog and I believe that amendments 1 and 2 would help to ensure that we have that.

The question is, that amendment 1 be agreed to. Are we agreed?

Members: No.

There will be a division. Please let me know if you have any difficulties in voting.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Davidson, Ruth (Edinburgh Central) (Con)
Fee, Mary (West Scotland) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Green)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harvie, Patrick (Glasgow) (Green)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kelly, James (Glasgow) (Lab)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (Central Scotland) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Marra, Jenny (North East Scotland) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McNeill, Pauline (Glasgow) (Lab)
Rennie, Willie (North East Fife) (LD)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Rumbles, Mike (North East Scotland) (LD)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Sarwar, Anas (Glasgow) (Lab)
Smith, Elaine (Central Scotland) (Lab)
Smyth, Colin (South Scotland) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bowman, Bill (North East Scotland) (Con)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burnett, Alexander (Aberdeenshire West) (Con)
Cameron, Donald (Highlands and Islands) (Con)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Peter (North East Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Corry, Maurice (West Scotland) (Con)
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)
Ewing, Annabelle (Cowdenbeath) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
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)
Golden, Maurice (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Harper, Emma (South Scotland) (SNP)
Harris, Alison (Central Scotland) (Con)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lindhurst, Gordon (Lothian) (Con)
Lochhead, Richard (Moray) (SNP)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Lyle, Richard (Uddingston and Bellshill) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (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)
Mason, Tom (North East Scotland) (Con)
Matheson, Michael (Falkirk West) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McKee, Ivan (Glasgow Provan) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ross, Gail (Caithness, Sutherland and Ross) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Tomkins, Adam (Glasgow) (Con)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 33, Against 86, Abstentions 0.

Amendment 1 disagreed to.

Section 28—Restrictions on issuing a compliance notice

Amendment 2 moved—[Claudia Beamish].

The question is, that amendment 2 be agreed to. Are we agreed?

Members: No.

There will be a division. Please let me know if you have any difficulties in voting.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Fee, Mary (West Scotland) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Green)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kelly, James (Glasgow) (Lab)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (Central Scotland) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Marra, Jenny (North East Scotland) (Lab)
McNeill, Pauline (Glasgow) (Lab)
Rennie, Willie (North East Fife) (LD)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Rumbles, Mike (North East Scotland) (LD)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Sarwar, Anas (Glasgow) (Lab)
Smith, Elaine (Central Scotland) (Lab)
Smyth, Colin (South Scotland) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bowman, Bill (North East Scotland) (Con)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burnett, Alexander (Aberdeenshire West) (Con)
Cameron, Donald (Highlands and Islands) (Con)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Peter (North East Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Corry, Maurice (West Scotland) (Con)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Edinburgh Central) (Con)
Denham, Ash (Edinburgh Eastern) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Ewing, Annabelle (Cowdenbeath) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
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)
Golden, Maurice (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Harper, Emma (South Scotland) (SNP)
Harris, Alison (Central Scotland) (Con)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lindhurst, Gordon (Lothian) (Con)
Lochhead, Richard (Moray) (SNP)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Lyle, Richard (Uddingston and Bellshill) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (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)
Mason, Tom (North East Scotland) (Con)
Matheson, Michael (Falkirk West) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McKee, Ivan (Glasgow Provan) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ross, Gail (Caithness, Sutherland and Ross) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Tomkins, Adam (Glasgow) (Con)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 30, Against 87, Abstentions 0.

Amendment 2 disagreed to.

After section 36

Group 9 is on the duty to consult on the effectiveness of governance arrangements. Amendment 3, in the name of Liz Smith, is the only amendment in the group.

I thank the cabinet secretary and her officials for their considerable engagement since stage 2. I lodged what was amendment 1046 at stage 2 because of the gaps in governance that will almost certainly occur when the transition period ends. Likewise, the loss of access to the European Court of Justice will undoubtedly present issues, especially when environmental cases are examined for any breaches of the law. Although I fully appreciate that the newly established environmental standards Scotland and the process of judicial review will address many issues, potential gaps in governance remain.

Following the cabinet secretary’s responses at stage 2, I recognised that there were timescale issues that could result in an overlap of reporting mechanisms beyond the end of the transition period. Amendment 3 would require the Scottish ministers to produce a report and consult on three things: whether there will be effective governance once the UK exits the EU; whether the law in Scotland is effective when it comes to allowing access to justice on environmental matters; and whether an environmental court could enhance that process.

If it is agreed to, amendment 3 will mean that the Scottish Government will have to consult environmental standards Scotland, persons who are “representative of the interests” of persons who are affected by the governance arrangements that are established in part 2 of the bill, and any other persons who are deemed by ministers to be relevant. The consultation on the report must start within six months of environmental standards Scotland publishing the strategy that is required under section 18(1).

Once again, I thank the cabinet secretary and her officials for their considerable engagement on the issue.

I move amendment 3.

The bill fills only part of an environmental governance gap that existed before Brexit but has grown ever wider since. In particular, the case for an environmental court that builds on the expertise of the Scottish Land Court is getting stronger.

There is certainly merit in a civil court that focuses on appeals, tribunals and judicial-review type of work while allowing criminal matters to remain with the Crown Office and Procurator Fiscal Service, the sheriff courts and the High Court.

I welcome amendment 3, which would keep the door open to further reform once ESS is bedded in and the implications of Brexit have become clearer during the next session of Parliament. We will support amendment 3.

I thank Liz Smith for her co-operation in preparing amendment 3, which will support ongoing scrutiny of the approach to environmental protection and access to justice. The amendment adequately addresses the concerns that I raised at stage 2 regarding timescales for the work.

The timescales that are set out in amendment 3 will provide sufficient opportunity for ESS to become a fully operational and established body that will allow ministers to undertake a meaningful and informed review of the effectiveness and appropriateness of the environmental governance arrangements that are being established by the bill.

Amendment 3 will also allow stakeholders to contribute to the review with the benefit of the experience of ESS in operation. Given the importance and potential wide-ranging effects of the matters that might need to be considered, it is important to ensure that stakeholders and communities are given sufficient opportunity to participate in the consultation exercise, and for proposals and recommendations to be made that are both meaningful and evidence based. The timescales for undertaking the consultation and review processes will be outlined by Scottish ministers on their commencement, which must occur no later than six months after publication of ESS strategy.

I welcome amendment 3 and its aim of ensuring robust and meaningful scrutiny of our arrangements in relation to environmental governance and access to environmental justice—particularly as we seek to keep pace with developments in Europe.

I am happy to support amendment 3, and I encourage everybody to agree to it.

I call Liz Smith to wind up and to press or seek to withdraw amendment 3.

I have nothing to add. I am very grateful to members for their support, and will press amendment 3.

Amendment 3 agreed to.

Section 37—Meaning of “public authority”

Amendment 37 moved—[Roseanna Cunningham]—and agreed to.

Section 39—Meaning of “environmental law” and “effectiveness of environmental law”

Amendment 38 not moved.

Amendments 39 and 40 moved—[Roseanna Cunningham]—and agreed to.

After section 41

Group 10 is on environmental policy strategy. Amendment 41, in the name of Claudia Beamish, is grouped with amendments 41A, 41B, 41C and 44.

Amendment 41 would place Scotland’s environmental strategy on a statutory footing, in an effort to uphold the environmental standards that we have benefited from during our membership of the EU.

We all recognise that we face a nature emergency, so our environment is in urgent need of re-energised policy and a strategic and holistic vision. My thanks go to the Scottish Government for working with me to find agreement on amendment 41’s drafting.

Ministers will now have to publish a strategy that sets out objectives for environmental protection and improvement that must include the policies to deliver those objectives, and to monitor and report on progress towards meeting them.

I welcome Mark Ruskell’s amendment 41A, which would add reference to a

“high level of environmental protection”

to my amendment 41’s references to sustainable development, health and wellbeing, integration with other policy areas and climate change and biodiversity crises.

Members might recall that at stage 2 I lodged a similar amendment that included a short framework for delivery. Amendment 41 differs, in that ministers will instead have to report annually to Parliament on progress until the final document is laid. My hope is that that will keep up momentum and prevent the strategy from drifting out of focus.

Scottish Labour will support Mark Ruskell’s amendment 41B, which will require that a date be set for the objectives to be met. I am aware of the concerns of the Scottish Government, despite a provision in the UK Government’s environment bill to set targets. It is right that the amendments are separate so that the strategy can pass with UK Government support, but I state Scottish Labour’s support for any steps towards nature targets.

18:30  

My amendment 44 is a consequential amendment that would add the strategy to the long title of the bill.

Amendment 41C would add “due” to the “regard” that ministers must have to the strategy when they make policy or legislation, and is in line with the Government’s amendment 33 and others of that ilk. It would strengthen the obligations in the nature strategy and make my amendment 41 more robust.

I move amendment 41.

I call Mark Ruskell to speak to amendment 41A and the other amendments in the group.

I will be happy to move amendment 41A. Along with Claudia Beamish, I welcome the emerging consensus on the need for an environmental strategy that is embedded in legislation. In a nature emergency, it is critical that we set clear objectives that can be monitored, reported on and scrutinised.

Any objectives that do not come with a clear target date fall short of being meaningful. That is why I will move amendment 41B, which would turn the objectives into targets by the simple action of setting a date for their delivery. Objectives that are not time-bound will inevitably drift. We cannot afford delays during a nature emergency. Action is needed now.

Amendment 41A would embed the important principle that is enshrined in the Treaty on the Functioning of the European Union that we must always aim for a high level of environmental protection. The amendment could also sit as a stand-alone environmental principle or as an objective in section 12, but I am content for it to amend amendment 41 and to guide the development and objectives of the strategy.

A previous version of amendment 41 was lodged by Claudia Beamish at stage 2. It was not moved, after agreement to work together with a view to lodging at stage 3 an adjusted amendment, which is what we see now. Amendments 41 and 44 adequately address the concerns that I raised at stage 2 about the timescale for the preparation of the strategy and about how such a strategy would fit into the complex landscape of existing and planned frameworks and strategies.

I also welcome Mark Ruskell’s amendment 41A, which will introduce the aim of using the strategy to secure a high level of environmental protection. The provision that will be introduced by amendment 41 is the right place in the bill to continue to effect that aim, which is drawn from provisions in the Treaty on the Functioning of the European Union.

Members will know that I published an ambitious vision for Scotland’s environment earlier this year, as a part of our environment strategy. That publication included the key outcomes that will be required in order to achieve that vision, and it set the direction for further work on the strategy, including a strategic environmental assessment. I was keen for Scotland to have a clear environmental strategy to underpin our environmental policy after we are outside the EU and, in having one, to reinforce our commitment to maintaining and enhancing standards. [Interruption.]

Members who are chatting at the back should stop.

I agree that it is important to build the environment strategy into the bill.

Amendment 41C would alter the duty on the Scottish ministers with respect to the environmental policy strategy when making policy, from “have regard to” to “have due regard to”. That would be consistent with the changes that I proposed to the duty with respect to the guiding principles on the environment, which we have already debated.

I welcome amendments 41, 41A, 41C and 44 and am happy to support them. I encourage members to agree to them.

Regarding amendment 41B, in the name of Mark Ruskell, although I recognise the benefit of providing clear timescales for delivery, I do not think that the amendment will provide any tangible benefit.

The environmental policy strategy will act as framework for a wide and complex range of policies and strategies. Each strategy will have timescales that will often relate to international processes, such as the Paris accord or the convention on biodiversity.

Each policy will have its own detailed monitoring and reporting framework and associated scrutiny mechanisms, such as those that are set out in detail in the marine strategy. Each will have its own timetable, which will be suited to the particular issue at hand.

To impose one overarching timetable would be to fail to recognise the nuances of each issue, and could risk arbitrarily undermining the specific work and timetable that are required. If we were to be required to set a single timescale in the strategy, it would likely mirror our existing goal of achieving by 2045 the vision that was set out earlier this year. Accordingly, I ask Mr Ruskell not to move amendment 41B and for members not to support that amendment if it is pressed.

I call Claudia Beamish to wind up on the group and on amendment 41.

I am very pleased to hear the cabinet secretary’s remarks. Amendment 41 is important, because it is about having a strategy for nature. We all depend on nature and are part of it. The strategy will set the tone for the future as we move forward together to make sure that we live on a planet that can sustain us all and everything else that is part of it.

Before we move to the vote on amendment 41, I ask Mark Ruskell to wind up and to move or not move amendment 41A.

Are you asking me to wind up?

Yes, I ask you to wind up and to move or not move amendment 41A. We have to deal with amendments to an amendment before we can deal with the amendment.

Thank you, Presiding Officer. I will not say too much more.

Setting a timescale for delivery of objectives is hugely important. We have seen, for example, that it took 10 years after agreeing the Marine (Scotland) Act 2010 for the Parliament to designate marine protected areas, just this year. Setting targets is very important.

It would be up to the Government to decide which dates it wanted to set. If it wanted to reflect the dates that are in the existing environment strategy or to develop new ones, either would be fine, but targets are important. They set out our ambition and they set out the timescale, which is also important.

I will not say more about the other amendments in the group. I welcome the cabinet secretary’s support for them, and in particular for adoption of the critical EU objective on delivering high-level environmental protection. That has been in EU policy for years, and it has guided the direction of the Governments of member states. It is really important that it will be in the legislation.

I move amendment 41A.

Amendment 41A agreed to.

Amendment 41B moved—[Mark Ruskell].

The question is, that amendment 41B be agreed to. Are we agreed?

Members: No.

There will be a division.

The vote is closed. Members should please let me know if they had any difficulties in voting.

On a point of order, Presiding Officer. My voting app failed to open, so I did not vote.

Will you confirm whether you would have voted yes or no to amendment 41B?

I would have voted yes.

I will make sure that your yes vote is added to the roll.

On a point of order, Presiding Officer. I had the same problem: the app did not open. I would have voted yes to amendment 41B.

I will make sure that your yes vote is added to the roll, Ms McNeill.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Ballantyne, Michelle (South Scotland) (Ind)
Beamish, Claudia (South Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Fee, Mary (West Scotland) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Green)
Gray, Iain (East Lothian) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kelly, James (Glasgow) (Lab)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (Central Scotland) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Marra, Jenny (North East Scotland) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McNeill, Pauline (Glasgow) (Lab)
Rennie, Willie (North East Fife) (LD)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Rumbles, Mike (North East Scotland) (LD)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Sarwar, Anas (Glasgow) (Lab)
Smith, Elaine (Central Scotland) (Lab)
Smyth, Colin (South Scotland) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Balfour, Jeremy (Lothian) (Con)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bowman, Bill (North East Scotland) (Con)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burnett, Alexander (Aberdeenshire West) (Con)
Cameron, Donald (Highlands and Islands) (Con)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Peter (North East Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Corry, Maurice (West Scotland) (Con)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Edinburgh Central) (Con)
Denham, Ash (Edinburgh Eastern) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Ewing, Annabelle (Cowdenbeath) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
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)
Golden, Maurice (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harris, Alison (Central Scotland) (Con)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lindhurst, Gordon (Lothian) (Con)
Lochhead, Richard (Moray) (SNP)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Lyle, Richard (Uddingston and Bellshill) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (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)
Mason, Tom (North East Scotland) (Con)
Matheson, Michael (Falkirk West) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McKee, Ivan (Glasgow Provan) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ross, Gail (Caithness, Sutherland and Ross) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kevin (Aberdeen Central) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Tomkins, Adam (Glasgow) (Con)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 31, Against 86, Abstentions 0.

Amendment 41B disagreed to.

Amendment 41C moved—[Claudia Beamish]—and agreed to.

Does Claudia Beamish want to press amendment 41, as amended?

I will press it, Presiding Officer.

Amendment 41, as amended, agreed to.

Section 45—Commencement

Amendment 42 not moved.

Schedule 1—Environmental Standards Scotland

Amendment 43 moved—[Mark Ruskell]—and agreed to.

Long Title

Amendment 44 moved—[Claudia Beamish]—and agreed to.

That ends consideration of amendments.

At this stage in the proceedings, I am required under standing orders to decide whether any provision of the bill relates to a protected subject matter—that is, whether it will modify the electoral system or the franchise for Scottish parliamentary elections. In my view, no provision relates to a protected subject matter, so the bill does not require a supermajority in order to be passed at stage 3.