Meeting of the Parliament

Meeting date: Wednesday, June 27, 2018

Official Report 1289KB pdf

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Decision Time

There are four questions to be put as a result of today’s business. The first question is, that motion S5M-12958, in the name of Annabelle Ewing, on the Prescription (Scotland) Bill, be agreed to.

Motion agreed to,

That the Parliament agrees to the general principles of the Prescription (Scotland) Bill.

The next question is, that motion S5M-12943, in the name of Clare Haughey, on a complaint against Mark McDonald MSP, be agreed to. Are we agreed?

Members: No.

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Adam, George (Paisley) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Con)
Beamish, Claudia (South Scotland) (Lab)
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)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
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)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dugdale, Kezia (Lothian) (Lab)
Ewing, Fergus (Inverness and Nairn) (SNP)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Green)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Freeman, Jeane (Carrick, Cumnock and Doon Valley) (SNP)
Golden, Maurice (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Gray, Iain (East Lothian) (Lab)
Greene, Jamie (West Scotland) (Con)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harris, Alison (Central Scotland) (Con)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Glasgow) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
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)
Macdonald, Lewis (North East Scotland) (Lab)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Marra, Jenny (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, Tom (North East Scotland) (Con)
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)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Ross, Gail (Caithness, Sutherland and Ross) (SNP)
Rumbles, Mike (North East Scotland) (LD)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Scott, John (Ayr) (Con)
Scott, Tavish (Shetland Islands) (LD)
Simpson, Graham (Central Scotland) (Con)
Smith, Elaine (Central Scotland) (Lab)
Smyth, Colin (South Scotland) (Lab)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Highlands and Islands) (SNP)
Wells, Annie (Glasgow) (Con)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Whittle, Brian (South Scotland) (Con)
Wightman, Andy (Lothian) (Green)
Yousaf, Humza (Glasgow Pollok) (SNP)

Abstentions

Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Mason, John (Glasgow Shettleston) (SNP)

The result of the division is: For 101, Against 0, Abstentions 6.

Motion agreed to,

That the Parliament notes the Standards, Procedures and Public Appointments Committee’s 5th Report, 2018 (Session 5), Complaint against Mark McDonald MSP (SP Paper 362), and agrees to impose the sanctions recommended in the report that the Parliament excludes Mark McDonald from proceedings of the Parliament for a period of one month, to take place from 3 September to 2 October 2018 inclusive; withdraws his salary for a period of one month to coincide with his exclusion from proceedings of the Parliament; withdraws his right of access as a Member to the Holyrood Parliamentary complex for the period of one month to coincide with his exclusion from the proceedings of the Parliament, and withdraws his rights to any representational, ceremonial and related privileges until dissolution.

The next question is, that motion S5M-12953, in the name of Andy Wightman, on witness expenses, be agreed to.

Motion agreed to,

That the Parliament determines that:

(a) allowances and expenses in respect of the matters set out in column (1) below be paid or payable, as the case may be, in accordance with Rule 2.6.2 or 12.4.3 of the Standing Orders, as the case may be, to a person who attends proceedings of the Parliament for the purpose of giving evidence or who produces documents in his or her custody or under his or her control;

(b) said allowances and expenses be at the rates set out in column (2) opposite the respective entries in column (1);

(c) the rates set out in column (2) be uprated in accordance with column (3);

(d) said allowances and expenses be applied in accordance with the set of underlying principles and rules detailed below;

(e) the SPCB be directed to issue revised guidance and provide claim forms in connection with the payment of such allowances and expenses; and

(f) that the qualifying date for such expenses and allowances be 2 July 2018.

ANNEXE A – OVERVIEW OF CLAIMABLE EXPENSES

The below rates are reviewed annually and may be revised. Any changes will take effect from 1 April.

Current Scheme (2017/18)

Accommodation (not including food/drink)

Overnight Stay £118.75 per night

Updated scheme (2018/19)

Overnight expenses

(including accommodation,

food/drink) £156.00 per night

____________________________________________

Current scheme (2017/18)

Subsistence (including overnight)

Less than 5 hours Nil

5 to 10 hours £6.29 max

Over ten hours £13.61 max

Updated scheme (2018/19)

Food and drink (not overnight)

Less than 5 hours No change

5 to 10 hours No change

Over 10 hours No change

____________________________________________

Current scheme (2017/18)

Travel by public transport

Standard fares Paid at cost

Updated scheme (2018/19)

Travel by public transport

Standard fares No change

____________________________________________

Current scheme (2017/18)

Travel by private transport

Taxi Paid at cost

Car 45p per mile

Motor Cycle 25p per mile

Pedal Cycle 21p per mile

Updated scheme (2018/19)

Travel by private transport

Taxi No change

Car No change

Motor Cycle 24p per mile

Pedal Cycle 20p per mile

____________________________________________

Current scheme (2017/18)

Loss of earnings

Paid employment £237.51 per ½
day max

Self-employment £237.51 per ½
day max

Updated scheme (2018/19)

Loss of earnings

Paid employment No change

Self-employment No change

____________________________________________

Current scheme (2017/18)

Caring costs

Childcare £8.45 per
hour max

Unpaid primary carers: replacement

care cover for dependents for

up to 7.5 hours N/A

Updated scheme (2018/19)

Caring costs

Childcare No change

Unpaid primary carers: replacement
care cover for dependents for
up to 7.5 hours To be paid at cost

____________________________________________

Current scheme (2017/18)

Other

Photocopying 13p per sheet

Postage Paid at cost

Video conferencing N/A

Updated Scheme (2018/19)

Photocopying No change

Postage No change

Video conferencing To be paid at cost

 

ANNEXE B – WITNESS EXPENSES SCHEME PRINCIPLES AND RULES

SCHEME OVERVIEW

In submitting a claim, the claimant shall:-

(i) act in accordance with the Scheme Principles; and

(ii) comply with the Rules of the Scheme.

PRINCIPLES OF THE SCHEME

The Principles of the Scheme are:

Inclusivity

The Scottish Parliament aims to promote engagement and participation to support and strengthen the work of the Parliament and to enhance parliamentary democracy at home and abroad.

In striving to meet this aim, the Parliament recognises that individuals have different needs which impact on their ability to participate equally in the work of the Parliament and its committees.

The principle of inclusivity shall therefore be the paramount principle of the Scheme.

Accessibility

In supporting equal participation in the committees’ work through the payment of witness expenses, due regard shall be had to the following–

(i) whether the claimant has been invited to participate in an individual or professional capacity. If participating in a professional capacity, whether the body being represented, or individual representative, is able to recoup the expenses incurred from their own professional allowances scheme, entitlement or taxation relief;

(ii) whether the claimant has any individual need(s) that, if not met by a claim for expenses, may otherwise have a negative impact on their ability to participate equally in the work of committees.

Honesty

All claims under the Scheme shall be made in good faith. In this regard, the claimant shall ensure that any claims submitted relate solely in respect of their attendance of parliamentary activities and are not submitted in order to gain financial or other benefit for the claimant, or any other person.

Objectivity

With regard to the principle of inclusivity, the claimant, in submitting a claim for expenses under the Scheme, shall be satisfied that the amount and type of claim(s) represent value for money and were incurred having due regard to–

(i) the claimant’s individual needs; and

(ii) the efficiency and effectiveness of the claimant’s ability to participate in relevant proceedings.

Sustainability

The Scottish Parliament aims to reduce the need to travel and develop and promote the use of sustainable travel by people working in and visiting the building.

When deciding on whether transportation options to attend parliamentary activities represent value for money, claimants shall also give regard to ways in which they may be able to minimise the carbon footprint of their participation. In this light, claimants may have regard to:

(i) low-carbon transportation options; or

(ii) providing evidence by more sustainable means, such as by video conference or submitting any written evidence electronically.

RULES OF THE SCHEME

1. The payment of expenses shall be at the discretion of the Group Head of Committees and Outreach and all claims under the Scheme shall be assessed on an individual basis.

2. All expenses claims made under the Scheme must be evidenced by original receipts or vouchers (as applicable).

3. Payment of expenses under the Scheme may be made in advance of proceedings with approval of the Group Head of Committees and Outreach.

4. Claims must be received by the clerking team within 28 days of the date on which the proceedings took place in respect of which the claimant makes a claim under the Scheme.

5. Claims for loss of earnings in respect of self-employment must be evidenced by a certificate from an accountant or a copy of the claimant’s previous year’s tax.

6. Travel and accommodation shall be incurred at standard rates, unless previously agreed with the Clerk to the Committee.

7. Claims totalling more than the upper limit set by the Group Head of Committees and Outreach must receive prior approval of the Clerk to the Committee.

8. Private transport should only be used where it is more economical in the circumstances, or where travel by public transport is otherwise inappropriate.

Finally, I will put a single question on three Parliamentary Bureau motions. The question is, that motions S5M-12990 to S5M-12992 be agreed to.

Motions agreed to,

That the Parliament agrees that the Digital Government (Scottish Bodies) Regulations 2018 [draft] be approved.

That the Parliament agrees that the Land and Buildings Transaction Tax (First-Time Buyer Relief) (Scotland) Order 2018 [draft] be approved.

That the Parliament agrees that the Land and Buildings Transaction Tax (Group Relief Modification) (Scotland) Order 2018 [draft] be approved.