Amendment 35 is grouped with amendments 36, 37, 38, 153 and 39. If amendment 35 is agreed to, amendments 36, 37 and 38 will be pre-empted.

I will be brief, given the time. Amendments 35 and 39 seek to enshrine in legislation the rights of hostel dwellers much more than is currently the case.

Amendment 35 lays out some of the situations that could arise in relation to evictions of hostel dwellers and provides recognition that hostel dwellers often do not have the same rights as other tenants. I believe that any housing bill for the 21^st century should recognise and enshrine the rights of hostel dwellers. The Executive has given a commitment to try to arrive soon at a situation in which there are no hostel dwellers because there is no need for hostels. I look forward to that situation developing, but in the meantime, I ask the Parliament to support amendments 35 and 39 to enshrine in legislation the rights of hostel dwellers, but in a way that does not supersede common law in relation to grounds for eviction and reasonableness.

I move amendment 35.

I call Jackie Baillie to speak to amendments 36, 37 and 153 and the other amendments in the group. The knife will fall in three minutes.

We had a lengthy discussion about this section at stage 2, which reflected the wide range of views about the rights and responsibilities of people in hostels. Robert Brown's stage 2 amendment that inserted section 6(3A) was accepted as coming closest to getting the balance right. Amendments 36 and 37 are minor technical corrections to his wording to ensure that it achieves what he intended.

Amendment 153 follows on from Robert Brown's new subsection and reflects concerns expressed by the Subordinate Legislation Committee.

Bill Aitken's amendment 38 is unnecessary, because it is quite clear that the existing terms of section 6(3A) allow for what he is trying to achieve, which is the protection of other residents and staff.

Tommy Sheridan's amendments 35 and 39 also have serious disadvantages. Amendment 35 attempts to list the factors that should be covered by the regulations. Given the complex nature of this area of rights and responsibilities, that is dangerously prescriptive. It is particularly difficult to get the balance right. A sub-group of the homelessness task force is considering the issue and because regulations under subsection (3) are subject to the affirmative procedure, Parliament will have the chance to consider and debate them.

Amendment 39 aims to make a point about not using our powers under the bill to introduce regulations that would undermine or be inconsistent with the rule of law. As I said at stage 2, that is unnecessary as the regulations would need to be consistent with other legislation.

Mr Aitken has one minute if he wants it.

I will be brief. Amendment 38 will provide greater protection for other hostel dwellers and people who work in hostels. I do not accept the minister's proposition that that is dealt with elsewhere. Although persons who cause serious difficulty can be removed from the hostel by means of police arrest, sometimes the necessary corroboration is not available for an arrest to take place. As a result, I feel that amendment 38 is required.

We are now out of time. The procedure for the remaining amendments in groups 5 and 6 will be move then vote, move then vote until they are done. I must start before 11:25.

The question is, that amendment 35 be agreed to. Are we agreed?

Members:

No.

There will be a division.

Division number 10

For: Harper, Robin, Sheridan, Tommy
Against: Adam, Brian, Aitken, Bill, Baillie, Jackie, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Campbell, Colin, Canavan, Dennis, Chisholm, Malcolm, Craigie, Cathie, Crawford, Bruce, Curran, Ms Margaret, Davidson, Mr David, Douglas-Hamilton, Lord James, Eadie, Helen, Elder, Dorothy-Grace, Ewing, Dr Winnie, Ewing, Fergus, Ewing, Mrs Margaret, Fabiani, Linda, Fergusson, Alex, Finnie, Ross, Fitzpatrick, Brian, Gallie, Phil, Gibson, Mr Kenneth, Gillon, Karen, Godman, Trish, Goldie, Miss Annabel, Gorrie, Donald, Grant, Rhoda, Gray, Iain, Hamilton, Mr Duncan, Harding, Mr Keith, Henry, Hugh, Home Robertson, Mr John, Hughes, Janis, Hyslop, Fiona, Ingram, Mr Adam, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Jenkins, Ian, Johnstone, Alex, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lochhead, Richard, Lyon, George, Macdonald, Lewis, Macintosh, Mr Kenneth, MacKay, Angus, MacLean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Matheson, Michael, McAllion, Mr John, McAveety, Mr Frank, McGrigor, Mr Jamie, McGugan, Irene, McIntosh, Mrs Lyndsay, McLeod, Fiona, McLetchie, David, McMahon, Mr Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Monteith, Mr Brian, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Mundell, David, Munro, John Farquhar, Murray, Dr Elaine, Neil, Alex, Oldfather, Irene, Paterson, Mr Gil, Peacock, Peter, Peattie, Cathy, Quinan, Mr Lloyd, Radcliffe, Nora, Raffan, Mr Keith, Robison, Shona, Robson, Euan, Rumbles, Mr Mike, Scanlon, Mary, Scott, John, Scott, Tavish, Simpson, Dr Richard, Smith, Elaine, Smith, Iain, Smith, Mrs Margaret, Stevenson, Stewart, Stone, Mr Jamie, Sturgeon, Nicola, Swinney, Mr John, Thomson, Elaine, Tosh, Mr Murray, Ullrich, Kay, Wallace, Ben, Watson, Mike, Welsh, Mr Andrew, White, Ms Sandra, Whitefield, Karen, Wilson, Allan, Wilson, Andrew

The result of the division is: For 2, Against 109, Abstentions 0.

Amendment 35 disagreed to.

Amendments 36 and 37 moved—[Jackie Baillie]—and agreed to.

Amendment 38 moved—[Bill Aitken].

The question is, that amendment 38 be agreed to. Are we agreed?

Members:

No.

There will be a division.

Division number 11

For: Aitken, Bill, Davidson, Mr David, Douglas-Hamilton, Lord James, Fergusson, Alex, Gallie, Phil, Goldie, Miss Annabel, Harding, Mr Keith, Johnstone, Alex, McGrigor, Mr Jamie, McIntosh, Mrs Lyndsay, McLetchie, David, Monteith, Mr Brian, Mundell, David, Scanlon, Mary, Scott, John, Tosh, Mr Murray, Wallace, Ben
Against: Adam, Brian, Baillie, Jackie, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Campbell, Colin, Canavan, Dennis, Chisholm, Malcolm, Craigie, Cathie, Crawford, Bruce, Curran, Ms Margaret, Eadie, Helen, Elder, Dorothy-Grace, Ewing, Dr Winnie, Ewing, Fergus, Ewing, Mrs Margaret, Fabiani, Linda, Finnie, Ross, Fitzpatrick, Brian, Gibson, Mr Kenneth, Gillon, Karen, Godman, Trish, Gorrie, Donald, Grant, Rhoda, Gray, Iain, Hamilton, Mr Duncan, Harper, Robin, Henry, Hugh, Home Robertson, Mr John, Hughes, Janis, Hyslop, Fiona, Ingram, Mr Adam, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Jenkins, Ian, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lochhead, Richard, Lyon, George, Macdonald, Lewis, Macintosh, Mr Kenneth, MacKay, Angus, MacLean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Matheson, Michael, McAllion, Mr John, McAveety, Mr Frank, McGugan, Irene, McLeod, Fiona, McMahon, Mr Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Neil, Alex, Oldfather, Irene, Paterson, Mr Gil, Peacock, Peter, Peattie, Cathy, Quinan, Mr Lloyd, Radcliffe, Nora, Raffan, Mr Keith, Robson, Euan, Rumbles, Mr Mike, Scott, Tavish, Sheridan, Tommy, Simpson, Dr Richard, Smith, Elaine, Smith, Iain, Smith, Mrs Margaret, Stevenson, Stewart, Stone, Mr Jamie, Sturgeon, Nicola, Swinney, Mr John, Thomson, Elaine, Ullrich, Kay, Watson, Mike, Welsh, Mr Andrew, White, Ms Sandra, Whitefield, Karen, Wilson, Allan, Wilson, Andrew

The result of the division is: For 17, Against 93, Abstentions 0.

Amendment 38 disagreed to.

Amendment 153 moved—[Jackie Baillie]—and agreed to.

Amendment 39 moved—[Tommy Sheridan].

The question is, that amendment 39 be agreed to. Are we agreed?

Members:

No.

There will be a division.

Division number 12

For: Harper, Robin, Sheridan, Tommy
Against: Adam, Brian, Aitken, Bill, Baillie, Jackie, Barrie, Scott, Brankin, Rhona, Brown, Robert, Butler, Bill, Campbell, Colin, Canavan, Dennis, Chisholm, Malcolm, Craigie, Cathie, Crawford, Bruce, Curran, Ms Margaret, Davidson, Mr David, Douglas-Hamilton, Lord James, Eadie, Helen, Elder, Dorothy-Grace, Ewing, Fergus, Ewing, Mrs Margaret, Fabiani, Linda, Fergusson, Alex, Finnie, Ross, Fitzpatrick, Brian, Gallie, Phil, Gibson, Mr Kenneth, Gillon, Karen, Godman, Trish, Goldie, Miss Annabel, Gorrie, Donald, Grant, Rhoda, Gray, Iain, Hamilton, Mr Duncan, Harding, Mr Keith, Henry, Hugh, Home Robertson, Mr John, Hughes, Janis, Hyslop, Fiona, Ingram, Mr Adam, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Jenkins, Ian, Johnstone, Alex, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lochhead, Richard, Lyon, George, Macdonald, Lewis, Macintosh, Mr Kenneth, MacKay, Angus, MacLean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Matheson, Michael, McAllion, Mr John, McAveety, Mr Frank, McGrigor, Mr Jamie, McGugan, Irene, McIntosh, Mrs Lyndsay, McLeod, Fiona, McLetchie, David, McMahon, Mr Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Monteith, Mr Brian, Muldoon, Bristow, Mulligan, Mrs Mary, Mundell, David, Munro, John Farquhar, Murray, Dr Elaine, Neil, Alex, Oldfather, Irene, Paterson, Mr Gil, Peacock, Peter, Peattie, Cathy, Quinan, Mr Lloyd, Radcliffe, Nora, Raffan, Mr Keith, Robison, Shona, Robson, Euan, Rumbles, Mr Mike, Scanlon, Mary, Scott, John, Scott, Tavish, Simpson, Dr Richard, Smith, Elaine, Smith, Iain, Smith, Mrs Margaret, Stevenson, Stewart, Stone, Mr Jamie, Sturgeon, Nicola, Swinney, Mr John, Thomson, Elaine, Tosh, Mr Murray, Ullrich, Kay, Wallace, Ben, Watson, Mike, Welsh, Mr Andrew, White, Ms Sandra, Whitefield, Karen, Wilson, Andrew

The result of the division is: For 2, Against 105, Abstentions 0.

Amendment 39 disagreed to.