Section 9 — Short title and commencement

Protection of Wild Mammals (Scotland) Bill: Stage 3 – in the Scottish Parliament at 5:45 pm on 13th February 2002.

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Photo of Bristow Muldoon 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.

Photo of George Reid 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.

Photo of Ross Finnie 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—

Photo of Ross Finnie 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.

Photo of David Mundell 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.

Photo of Bristow Muldoon Bristow Muldoon Labour

Given the assurances that the minister offered, I wish to withdraw amendment 91.

Photo of George Reid George Reid Scottish National Party

Does Bristow Muldoon have the agreement of the chamber to withdraw amendment 91?

Photo of George Reid George Reid Scottish National Party

In that case, the question is, that amendment 91 be agreed to. Are we agreed?

Photo of George Reid George Reid Scottish National Party

Mr Barrie may not raise a point of order during a vote.

Photo of Scott Barrie Scott Barrie Labour

The lights on the consoles have gone out.

Photo of George Reid 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?

Photo of George Reid George Reid Scottish National Party

There will be a division. Those who wish to support amendment 92 should press their yes button now. [MEMBERS: "Amendment 91."] I am sorry—the division is on amendment 91.

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

Photo of George Reid George Reid Scottish National Party 6:00 pm, 13th February 2002

The result of the division is: For 27, Against 95, Abstentions 1.

Amendment 91 disagreed to.

Amendment 92 moved—[Ross Finnie]—and agreed to.

Photo of George Reid George Reid Scottish National Party

That ends consideration of amendments.