Election 2021

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Chamber and committees

Meeting date: Wednesday, February 10, 2021

Meeting of the Parliament (Hybrid) 10 February 2021

Agenda: First Minister’s Question Time, Crown Office and Procurator Fiscal Service (Malicious Prosecutions), Covid-19 (Local Newspapers), Business Motions, Parliamentary Bureau Motions, Point of Order, Decision Time


Contents


Decision Time

The Presiding Officer (Ken Macintosh)

We come to decision time. The first question is, that amendment S5M-24095.2, in the name of the Lord Advocate, which seeks to amend motion S5M-24095, in the name of Murdo Fraser, on the Crown Office, be agreed to. Are we agreed?

Members: No.

The Presiding Officer

There will be a division. I will suspend the meeting for a few minutes to allow members to access the voting app.

16:36 Meeting suspended.  16:40 On resuming—  

The Presiding Officer

We are back in session and go straight to the vote. The question is, that amendment S5M-24095.2, in the name of the Lord Advocate, which seeks to amend motion S5M-24095, in the name of Murdo Fraser, on the Crown Office, be agreed to. This will be a one-minute division.

The vote is now closed. If members were not able to exercise their vote or had difficulty in voting, they should let me know by raising a point of order.

Margaret Mitchell (Central Scotland) (Con)

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

The Presiding Officer

Thank you. I note that you would have voted no to the amendment in the name of the Lord Advocate. I will make sure that your vote is added.

Finlay Carson (Galloway and West Dumfries) (Con)

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

The Presiding Officer

Thank you. I will make sure that your vote is added. You would have voted no to the amendment.

Alexander Burnett (Aberdeenshire West) (Con)

On a point of order, Presiding Officer. I apologise—I do not know what is happening with my device. I would have noted no.

The Presiding Officer

Thank you. I will make sure that your vote is added. You would have voted no to the amendment.

Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Con)

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

The Presiding Officer

Thank you. I will make sure that your vote is added to the register.

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)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
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)
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)
Greer, Ross (West Scotland) (Green)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnstone, Alison (Lothian) (Green)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
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)
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)
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)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Michael (Argyll and Bute) (SNP)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (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)
Yousaf, Humza (Glasgow Pollok) (SNP)

Against

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Reform)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Bowman, Bill (North East Scotland) (Con)
Boyack, Sarah (Lothian) (Lab)
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)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Corry, Maurice (West Scotland) (Con)
Davidson, Ruth (Edinburgh Central) (Con)
Fee, Mary (West Scotland) (Lab)
Findlay, Neil (Lothian) (Lab)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Golden, Maurice (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Greene, Jamie (West Scotland) (Con)
Griffin, Mark (Central Scotland) (Lab)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harris, Alison (Central Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kelly, James (Glasgow) (Lab)
Kerr, Liam (North East Scotland) (Con)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Macdonald, Lewis (North East Scotland) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Mason, Tom (North East Scotland) (Con)
McArthur, Liam (Orkney Islands) (LD)
McNeill, Pauline (Glasgow) (Lab)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Rennie, Willie (North East Fife) (LD)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Rumbles, Mike (North East Scotland) (LD)
Sarwar, Anas (Glasgow) (Lab)
Scott, John (Ayr) (Con)
Simpson, Graham (Central Scotland) (Con)
Smith, Elaine (Central Scotland) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Smyth, Colin (South Scotland) (Lab)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, David (Highlands and Islands) (Lab)
Tomkins, Adam (Glasgow) (Con)
Wells, Annie (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)

The Presiding Officer

The result of the division on amendment S5M-24095.2, in the name of the Lord Advocate, which seeks to amend motion S5M-24095, in the name of Murdo Fraser, on the Crown Office, is: For 66, Against 59, Abstentions 0.

Amendment agreed to.

The Presiding Officer

The next question is, that amendment S5M-24095.1, in the name of Rhoda Grant, which seeks to amend motion S5M-24095, in the name of Murdo Fraser, on the Crown Office, be agreed to.

Amendment agreed to.

The Presiding Officer

The next question is, that motion S5M-24095, in the name of Murdo Fraser, on the Crown Office, as amended, be agreed to.

Motion, as amended, agreed to,

That the Parliament notes the Crown Office and Procurator Fiscal Service’s admission of malicious prosecutions of David Whitehouse and Paul Clark, formerly administrators of Rangers Football Club PLC; notes that £24,086,250 of taxpayers money was paid out to Mr Whitehouse and Mr Clark for compensation and legal fees; notes that this situation is unprecedented in Scottish legal history; further notes that the Lord Advocate and COPFS have committed to supporting public and Parliamentary accountability and notes that legal proceedings are ongoing; agrees that there should be a transparent process of inquiry, once all related legal proceedings are completed; agrees that the precise mechanism of inquiry, which should be led by a judge, should be determined once all related legal proceedings have concluded; understands that further compensation is also to be paid on behalf of the Chief Constable, and believes that the remit of any inquiry should include examination of the role and involvement of Police Scotland.

The Presiding Officer

Before putting the next question, I remind members that, if the amendment in the name of Ivan McKee is agreed to, the amendment in the name of Claire Baker will fall.

The next question is, that amendment S5M-24084.1, in the name of Ivan McKee, which seeks to amend motion S5M-24084, in the name of Graham Simpson, on the Covid-19 response and the role of local newspapers, be agreed to. Are we agreed?

Members: No.

The Presiding Officer

There will be a division. Members have one minute.

The vote is now closed. I encourage any member who was not able to vote to let me know.

Liam McArthur (Orkney Islands) (LD)

On a point of order, Presiding Officer. I was unable to log in, for some reason. I wished to vote no.

The Presiding Officer

Thank you, Mr McArthur. I will ensure that your vote is added to the register.

Finlay Carson

On a point of order, Presiding Officer. I was unable to vote. I would have voted no to the amendment.

The Presiding Officer

Thank you, Mr Carson. I will ensure that your vote—a second vote against the amendment in the name of Ivan McKee—is added.

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)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
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)
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)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
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)
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)
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)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (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)
Yousaf, Humza (Glasgow Pollok) (SNP)

Against

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Con)
Ballantyne, Michelle (South Scotland) (Reform)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Bowman, Bill (North East Scotland) (Con)
Boyack, Sarah (Lothian) (Lab)
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)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Corry, Maurice (West Scotland) (Con)
Davidson, Ruth (Edinburgh Central) (Con)
Fee, Mary (West Scotland) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Green)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Golden, Maurice (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Greene, Jamie (West Scotland) (Con)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Harris, Alison (Central Scotland) (Con)
Harvie, Patrick (Glasgow) (Green)
Johnson, Daniel (Edinburgh Southern) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Glasgow) (Lab)
Kerr, Liam (North East Scotland) (Con)
Lamont, Johann (Glasgow) (Lab)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lindhurst, Gordon (Lothian) (Con)
Lockhart, Dean (Mid Scotland and Fife) (Con)
Macdonald, Lewis (North East Scotland) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Mason, Tom (North East Scotland) (Con)
McArthur, Liam (Orkney Islands) (LD)
McNeill, Pauline (Glasgow) (Lab)
Mitchell, Margaret (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
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)
Scott, John (Ayr) (Con)
Simpson, Graham (Central Scotland) (Con)
Smith, Elaine (Central Scotland) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Smyth, Colin (South Scotland) (Lab)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, David (Highlands and Islands) (Lab)
Tomkins, Adam (Glasgow) (Con)
Wells, Annie (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)
Wightman, Andy (Lothian) (Ind)
Wishart, Beatrice (Shetland Islands) (LD)

The Presiding Officer

The result of the division on amendment S5M-24084.1, in the name of Ivan McKee, which seeks to amend motion S5M-24084, in the name of Graham Simpson, on the Covid-19 response and the role of local newspapers, is: For 62, Against 63, Abstentions 0.

Amendment disagreed to.

The Presiding Officer

The next question is, that amendment S5M-24084.2, in the name of Claire Baker, which seeks to amend motion S5M-24084, in the name of Graham Simpson, on the Covid-19 response and the role of local newspapers, be agreed to.

Amendment agreed to.

The Presiding Officer

The next question is, that motion S5M-24084, in the name of Graham Simpson, on the Covid-19 response and the role of local newspapers, as amended, be agreed to.

Motion, as amended, agreed to,

That the Parliament recognises the vital role that local newspapers have played in keeping people informed during the COVID-19 pandemic; believes that a vibrant newspaper sector is essential for democracy, and calls on the Scottish Government to ensure that its advertising budget spend is invested in a way that supports innovative journalism and regional and local news, and to extend business rates relief to newspapers during 2021-22.

The Presiding Officer

I propose to ask a single question on four Parliamentary Bureau motions. Does any member object?

As no member objects, the final question is, that motions S5M-24106 and S5M-24107, on approval of Scottish statutory instruments; motion S5M-24108, on suspension of the standing orders; and motion S5M-24109, on the variation of standing orders, all in the name of Graeme Dey, on behalf of the Parliamentary Bureau, be agreed to.

Motions agreed to,

That the Parliament agrees that the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 [draft] be approved.

That the Parliament agrees that the Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) Regulations 2021 [draft] be approved.

That the Parliament agrees that, for the purposes of consideration of the Scottish Budget 2021-22, Rule 5.8.1(a) of Standing Orders be suspended.

That the Parliament agrees that, subject to its agreement to the general principles of the Budget (Scotland) (No.5) Bill, for the purposes of consideration of the Bill at stage 3, in Rule 9.16.6 of Standing Orders—

(a) the words “or 3” be omitted;

(b) the words “Notice of any amendment at stage 3 shall be given by lodging it with the Clerk no later than 4.30 pm on Monday 8 March 2021.” be inserted at the end.

The Presiding Officer

That concludes decision time. Before we go, I remind members to wear their masks, to follow the one-way system and to observe social distancing.

Meeting closed at 16:50.