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Section 9 — Short title and commencement
Protection of Wild Mammals (Scotland) Bill: Stage 3
5:45 pm
Bristow Muldoon (Labour)
Before I speak to the amendment, I should point out that, contrary to previous indications, I will respond to the debate. I think that we indicated earlier that Tricia Marwick would do so.
In lodging amendment 91, I have not been motivated by distrust of the Executive enacting the bill in due course; I simply want to set a date to ensure that there is a defined point at which the bill becomes law. The date of 1 August 2002 was chosen because the supporters of the bill wish to see an end to the various practices that will be banned as a result of the bill before the commencement of the next hunting season, and the training of new dogs in preparation for it. I understand that the Executive would prefer more flexibility on the matter, so I am interested in the minister's response to amendment 91. I repeat that my primary motivation, and that of the bill's supporters, is to see the provisions of the bill come into force before the next hunting season commences, and I ask the minister to address that specific point.
I move amendment 91.
George Reid (Scottish National Party)
We must move on by 17:58, so just over two minutes remain. I call the minister to speak to amendment 92.
Ross Finnie (Liberal Democrat)
I think that I will be brief, Presiding Officer.
I can respond to Bristow Muldoon's point positively. As with any legislation, it would be helpful to have a degree of flexibility, and—
Ross Finnie (Liberal Democrat)
That is quite all right, Presiding Officer. My point is fairly brief.
We are quite content to give the undertaking that, if we are given a degree of flexibility and if the bill is passed, we will bring its provisions into force before the next hunting season commences.
David Mundell (Conservative)
I was in attendance at the meeting of the Rural Development Committee at which commencement was considered. We had an interesting final debate because, of course, no one appeared on behalf of the sponsors of the bill. A menu of possible dates was discussed, but the deputy minister indicated that the provision in the bill as drafted would be the best way forward. On the basis of what has emerged today, that must be the case.
I will take Patricia Ferguson up on her offer and find the person who can explain to us at this point—it is almost 6 o'clock—exactly what is in the bill and what is out of it. The position will be as confusing for weeks and months ahead, until the necessary legal briefs are prepared and the police, the courts and everyone else are briefed. Therefore, I am glad that the minister retains the view that was expressed at the Rural Development Committee—on this matter, I have confidence in him and in the fact that he will not bring the provisions of the bill into force until those necessary steps have been taken.
Bristow Muldoon (Labour)
Given the assurances that the minister offered, I wish to withdraw amendment 91.
George Reid (Scottish National Party)
Does Bristow Muldoon have the agreement of the chamber to withdraw amendment 91?
George Reid (Scottish National Party)
In that case, the question is, that amendment 91 be agreed to. Are we agreed?
George Reid (Scottish National Party)
We have a little bit of a problem. I ask members to allow me to consult the clerks. [Interruption.] We have a bit of a technical problem. We will make a fresh start and take that vote again.
The question is, that amendment 91 be agreed to. Are we agreed?
Division number 52
For: Adam, Brian, Campbell, Colin, Canavan, Dennis, Cunningham, Roseanna, Ewing, Dr Winnie, Fabiani, Linda, Gibson, Mr Kenneth, Hyslop, Fiona, Ingram, Mr Adam, Lochhead, Richard, MacAskill, Mr Kenny, MacDonald, Ms Margo, Marwick, Tricia, Matheson, Michael, McAllion, Mr John, McGugan, Irene, McLeod, Fiona, Neil, Alex, Paterson, Mr Gil, Robison, Shona, Sheridan, Tommy, Smith, Elaine, Stevenson, Stewart, Sturgeon, Nicola, Ullrich, Kay, Welsh, Mr Andrew, Young, John
Against: Aitken, Bill, Alexander, Ms Wendy, Baillie, Jackie, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Chisholm, Malcolm, Craigie, Cathie, Crawford, Bruce, Curran, Ms Margaret, Davidson, Mr David, Deacon, Susan, Douglas-Hamilton, Lord James, Ewing, Fergus, Ewing, Mrs Margaret, Ferguson, Patricia, Fergusson, Alex, Finnie, Ross, Fitzpatrick, Brian, Fraser, Murdo, Gallie, Phil, Gillon, Karen, Godman, Trish, Goldie, Miss Annabel, Gorrie, Donald, Grahame, Christine, Grant, Rhoda, Gray, Iain, Hamilton, Mr Duncan, Harding, Mr Keith, Harper, Robin, Henry, Hugh, Home Robertson, Mr John, Hughes, Janis, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Jenkins, Ian, Johnstone, Alex, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lyon, George, Macdonald, Lewis, Macintosh, Mr Kenneth, MacKay, Angus, Maclean, Kate, Macmillan, Maureen, Martin, Paul, McAveety, Mr Frank, McCabe, Mr Tom, McConnell, Mr Jack, McGrigor, Mr Jamie, McIntosh, Mrs Lyndsay, McLeish, Henry, McLetchie, David, McMahon, Mr Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Monteith, Mr Brian, Morgan, Alasdair, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Mundell, David, Munro, John Farquhar, Murray, Dr Elaine, Oldfather, Irene, Peacock, Peter, Peattie, Cathy, Quinan, Mr Lloyd, Radcliffe, Nora, Raffan, Mr Keith, Robson, Euan, Rumbles, Mr Mike, Scanlon, Mary, Scott, John, Scott, Tavish, Simpson, Dr Richard, Smith, Iain, Smith, Mrs Margaret, Stephen, Nicol, Stone, Mr Jamie, Swinney, Mr John, Thomson, Elaine, Wallace, Ben, Wallace, Mr Jim, Watson, Mike, Whitefield, Karen, Wilson, Allan, Wilson, Andrew
Abstentions: Tosh, Mr Murray
George Reid (Scottish National Party)
The result of the division is: For 27, Against 95, Abstentions 1.
Amendment 91 disagreed to.
Amendment 92 moved—[Ross Finnie]—and agreed to.