The next item of business is consideration of business motion S2M-657, in the name of Patricia Ferguson, on behalf of the Parliamentary Bureau, which sets out a business programme.

Motion moved,

That the Parliament agrees the following programme of business— Wednesday 3 December 2003

2.30 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Executive Debate on Modernising Access to Legal Advice, Information and Representation followed by Business Motion followed by Parliamentary Bureau Motions

5.00 pm Decision Time followed by Members' Business Thursday 4 December 2003

9.30 am Scottish National Party Business 12 noon First Minister's Question Time

2.30 pm Question Time

3.10 pm Executive Debate on Protecting Bathing Water Quality followed by Parliamentary Bureau Motions

5.00 pm Decision Time followed by Members' Business Wednesday 10 December 2003

2.30 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Executive Debate on Fisheries 2004 followed by Parliamentary Bureau Motions

5.00 pm Decision Time followed by Members' Business Thursday 11 December 2003

9.30 am Scottish Conservative and Unionist Party Business 12 noon First Minister's Question Time

2.30 pm Question Time

3.10 pm Preliminary Stage Debate on Stirling-Alloa-Kincardine Railway and Linked Improvements Bill followed by Business Motion followed by Parliamentary Bureau Motions

5.00 pm Decision Time followed by Members' Business—[Tavish Scott.]

One member wishes to speak against the motion. I call Bruce Crawford, who has five minutes.

The Home Office has announced that it will seek new powers to put the children of failed asylum seekers into care. That decision has ramifications for both domestic and shared policy. The care of children is devolved and management of the dispersal of asylum seekers is a shared responsibility under the "Concordat between the Scottish Executive and the Home Office". The concordat states, at annex C on joint working:

"Joint working will be particularly relevant in the following cases and could usefully be covered by working level agreements: ... arrangements for the dispersal of asylum seekers and the designation of reception zones."

The Home Office's decision was described by Maeve Sherlock, director of the Refugee Council, who stated:

"Breaking up families harms children and should be done only when there is absolutely no alternative. ... The government should abandon this plan and work instead to improve the efficiency and effectiveness of the asylum system."

When the Minister for Communities, Margaret Curran, spoke in a debate on Dungavel, she stated:

"Wherever possible, keeping a child with its parents is the right thing to do."

She continued:

"The implication of separating children from their parents is enormous and cannot be side-stepped or diminished.—[Official Report, 11 September 2003; c 1602]

It is obvious that the minister's views are in conflict with the position of the UK Government. Therefore, given the announcement by the Home Office and its implications for policies and practices in Scotland, it would be appropriate for the Parliament to have the benefit of a ministerial statement on the Executive's view of the Home Office proposals and on what consultations took place prior to the announcement. The Parliamentary Bureau should be instructed to include such an opportunity in the business programme. I implore members to take that chance.

I understand that those issues were discussed at the Parliamentary Bureau this week. I understand that the Minister for Parliamentary Business intimated to Mr Crawford that, as Mr Crawford said, some of the issues are reserved and the implications of the other aspects of the debate are being actively considered.

The specific points that Mr Crawford has raised are the subject of advice that is being sought. He will be furnished with that advice as soon as it is available. I hope that, on that basis and on the basis of the assurances that Patricia Ferguson has given, Mr Crawford will withdraw his opposition to the business motion, as we seek to come forward with the very advice that he is looking for.

The question is, that motion S2M-657, in the name of Patricia Ferguson, be agreed to. Are we agreed?

Members:

No.

There will be a division.

Division number 1

For: Baillie, Jackie, Baker, Richard, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brocklebank, Mr Ted, Brown, Robert, Butler, Bill, Chisholm, Malcolm, Craigie, Cathie, Curran, Ms Margaret, Davidson, Mr David, Deacon, Susan, Douglas-Hamilton, Lord James, Eadie, Helen, Ferguson, Patricia, Finnie, Ross, Fraser, Murdo, Gallie, Phil, Gillon, Karen, Glen, Marlyn, Gorrie, Donald, Henry, Hugh, Home Robertson, Mr John, Hughes, Janis, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Johnstone, Alex, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lyon, George, Macdonald, Lewis, Macintosh, Mr Kenneth, Maclean, Kate, Macmillan, Maureen, Martin, Paul, May, Christine, McAveety, Mr Frank, McCabe, Mr Tom, McConnell, Mr Jack, McGrigor, Mr Jamie, McMahon, Michael, McNeil, Mr Duncan, McNeill, Ms Pauline, McNulty, Des, Monteith, Mr Brian, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Oldfather, Irene, Peacock, Peter, Peattie, Cathy, Pringle, Mike, Radcliffe, Nora, Robson, Euan, Rumbles, Mike, Scanlon, Mary, Scott, John, Scott, Tavish, Smith, Elaine, Smith, Iain, Stephen, Nicol, Stone, Mr Jamie, Turner, Dr Jean, Watson, Mike, Whitefield, Karen, Wilson, Allan
Against: Adam, Brian, Baird, Shiona, Ballance, Chris, Ballard, Mark, Crawford, Bruce, Ewing, Fergus, Ewing, Mrs Margaret, Fabiani, Linda, Gibson, Rob, Harper, Robin, Harvie, Patrick, Ingram, Mr Adam, Lochhead, Richard, MacAskill, Mr Kenny, Martin, Campbell, Marwick, Tricia, Mather, Jim, Matheson, Michael, Maxwell, Mr Stewart, McFee, Mr Bruce, Morgan, Alasdair, Neil, Alex, Robison, Shona, Ruskell, Mr Mark, Scott, Eleanor, Sheridan, Tommy, Stevenson, Stewart, Sturgeon, Nicola, Swinney, Mr John, Welsh, Mr Andrew, White, Ms Sandra

The result of the division is: For 71, Against 31, Abstentions 0.

Motion agreed to.