– in the Scottish Parliament at 5:03 pm on 28 April 2005.
George Reid
None
5:03,
28 April 2005
There are seven questions to be put as a result of today's business. The first question is, that Amendment S2M-2667.1, in the name of Carolyn Leckie, which seeks to amend motion S2M-2667, in the name of Andy Kerr, that the Parliament agrees to the general principles of the Smoking, Health and Social Care (Scotland) Bill, be agreed to. Are we agreed?
George Reid
None
There will be a Division.
Division number 1
For: Baird, Shiona, Ballance, Chris, Ballard, Mark, Fox, Colin, Harper, Robin, Harvie, Patrick, Kane, Rosie, Leckie, Carolyn, Ruskell, Mr Mark
Against: Aitken, Bill, Alexander, Ms Wendy, Arbuckle, Mr Andrew, Baillie, Jackie, Baker, Richard, Barrie, Scott, Brankin, Rhona, Brocklebank, Mr Ted, Brown, Robert, Butler, Bill, Canavan, Dennis, Chisholm, Malcolm, Craigie, Cathie, Curran, Ms Margaret, Davidson, Mr David, Deacon, Susan, Douglas-Hamilton, Lord James, Eadie, Helen, Ferguson, Patricia, Gallie, Phil, Gillon, Karen, Glen, Marlyn, Godman, Trish, Goldie, Miss Annabel, Gorrie, Donald, Henry, Hugh, Home Robertson, John, Hughes, Janis, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Macdonald, Lewis, Macintosh, Mr Kenneth, Maclean, Kate, Macmillan, Maureen, Martin, Paul, May, Christine, McAveety, Mr Frank, McConnell, Mr Jack, McGrigor, Mr Jamie, McLetchie, David, McMahon, Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Milne, Mrs Nanette, Mitchell, Margaret, Monteith, Mr Brian, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Mundell, David, Oldfather, Irene, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Radcliffe, Nora, Robson, Euan, Rumbles, Mike, Scanlon, Mary, Scott, John, Scott, Tavish, Smith, Elaine, Smith, Iain, Smith, Margaret, Stephen, Nicol, Stone, Mr Jamie, Wallace, Mr Jim, Watson, Mike, Whitefield, Karen, Wilson, Allan
Abstentions: Adam, Brian, Ewing, Fergus, Ewing, Mrs Margaret, Fabiani, Linda, Grahame, Christine, Hyslop, Fiona, Ingram, Mr Adam, MacAskill, Mr Kenny, Marwick, Tricia, Mather, Jim, Maxwell, Mr Stewart, McFee, Mr Bruce, Neil, Alex, Robison, Shona, Stevenson, Stewart, Sturgeon, Nicola, Welsh, Mr Andrew
George Reid
None
The second question is, that motion S2M-2667, in the name of Andy Kerr, that the Parliament agrees to the general principles of the Smoking, Health and Social Care (Scotland) Bill, be agreed to. Are we agreed?
George Reid
None
There will be a Division.
Division number 2
For: Adam, Brian, Alexander, Ms Wendy, Arbuckle, Mr Andrew, Baillie, Jackie, Baird, Shiona, Baker, Richard, Ballance, Chris, Ballard, Mark, Barrie, Scott, Brankin, Rhona, Brown, Robert, Butler, Bill, Canavan, Dennis, Chisholm, Malcolm, Craigie, Cathie, Curran, Ms Margaret, Deacon, Susan, Eadie, Helen, Ewing, Fergus, Ewing, Mrs Margaret, Fabiani, Linda, Ferguson, Patricia, Gillon, Karen, Glen, Marlyn, Godman, Trish, Gorrie, Donald, Grahame, Christine, Harper, Robin, Harvie, Patrick, Henry, Hugh, Home Robertson, John, Hughes, Janis, Hyslop, Fiona, Ingram, Mr Adam, Jackson, Dr Sylvia, Jamieson, Cathy, Jamieson, Margaret, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, MacAskill, Mr Kenny, Macdonald, Lewis, Macintosh, Mr Kenneth, Maclean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Mather, Jim, Maxwell, Mr Stewart, May, Christine, McAveety, Mr Frank, McConnell, Mr Jack, McFee, Mr Bruce, McMahon, Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Neil, Alex, Oldfather, Irene, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Radcliffe, Nora, Robison, Shona, Robson, Euan, Rumbles, Mike, Ruskell, Mr Mark, Scott, Tavish, Smith, Elaine, Smith, Iain, Smith, Margaret, Stephen, Nicol, Stevenson, Stewart, Stone, Mr Jamie, Sturgeon, Nicola, Wallace, Mr Jim, Watson, Mike, Welsh, Mr Andrew, Whitefield, Karen, Wilson, Allan
Against: Aitken, Bill, Brocklebank, Mr Ted, Davidson, Mr David, Douglas-Hamilton, Lord James, Gallie, Phil, Goldie, Miss Annabel, Jackson, Gordon, McGrigor, Mr Jamie, McLetchie, David, Milne, Mrs Nanette, Mitchell, Margaret, Monteith, Mr Brian, Mundell, David, Scanlon, Mary, Scott, John
Abstentions: Fox, Colin, Kane, Rosie, Leckie, Carolyn
George Reid
None
The result of the Division is: For 83, Against 15, Abstentions 3.
Motion agreed to.
That the Parliament agrees to the general principles of the Smoking, Health and Social Care (Scotland) Bill.
George Reid
None
The third question is, that Amendment S2M-2736.2, in the name of Kenny MacAskill, which seeks to amend motion S2M-2736, in the name of Cathy Jamieson, on supporting safer, stronger communities and reform of Scotland's criminal justice services, be agreed to. Are we agreed?
George Reid
None
There will be a Division.
Division number 3
For: Adam, Brian, Baird, Shiona, Ballance, Chris, Ballard, Mark, Canavan, Dennis, Ewing, Fergus, Ewing, Mrs Margaret, Fabiani, Linda, Grahame, Christine, Harper, Robin, Harvie, Patrick, Hyslop, Fiona, Ingram, Mr Adam, MacAskill, Mr Kenny, Marwick, Tricia, Mather, Jim, Maxwell, Mr Stewart, McFee, Mr Bruce, Neil, Alex, Robison, Shona, Ruskell, Mr Mark, Stevenson, Stewart, Sturgeon, Nicola, Welsh, Mr Andrew
Against: Aitken, Bill, Alexander, Ms Wendy, Arbuckle, Mr Andrew, Baillie, Jackie, Baker, Richard, Barrie, Scott, 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, Fox, Colin, Gallie, Phil, Gillon, Karen, Glen, Marlyn, Godman, Trish, Goldie, Miss Annabel, Gorrie, Donald, Henry, Hugh, Home Robertson, John, Hughes, Janis, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Kane, Rosie, Kerr, Mr Andy, Lamont, Johann, Leckie, Carolyn, Livingstone, Marilyn, Macdonald, Lewis, Macintosh, Mr Kenneth, Maclean, Kate, Macmillan, Maureen, Martin, Paul, May, Christine, McAveety, Mr Frank, McConnell, Mr Jack, McGrigor, Mr Jamie, McLetchie, David, McMahon, Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Milne, Mrs Nanette, Mitchell, Margaret, Monteith, Mr Brian, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Mundell, David, Oldfather, Irene, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Radcliffe, Nora, Robson, Euan, Rumbles, Mike, Scanlon, Mary, Scott, John, Scott, Tavish, Smith, Elaine, Smith, Iain, Smith, Margaret, Stephen, Nicol, Stone, Mr Jamie, Tosh, Murray, Wallace, Mr Jim, Watson, Mike, Whitefield, Karen, Wilson, Allan
George Reid
None
The fourth question is, that Amendment S2M-2736.1, in the name of Annabel Goldie, which seeks to amend motion S2M-2736, in the name of Cathy Jamieson, on supporting safer, stronger communities and reform of Scotland's criminal justice services, be agreed to. Are we agreed?
George Reid
None
There will be a Division.
Division number 4
For: Aitken, Bill, Brocklebank, Mr Ted, Davidson, Mr David, Douglas-Hamilton, Lord James, Gallie, Phil, Goldie, Miss Annabel, McGrigor, Mr Jamie, McLetchie, David, Milne, Mrs Nanette, Mitchell, Margaret, Monteith, Mr Brian, Mundell, David, Scanlon, Mary, Scott, John, Tosh, Murray
Against: Adam, Brian, Alexander, Ms Wendy, Arbuckle, Mr Andrew, Baillie, Jackie, Baird, Shiona, Baker, Richard, Ballance, Chris, Ballard, Mark, Barrie, Scott, Brankin, Rhona, Brown, Robert, Butler, Bill, Canavan, Dennis, Chisholm, Malcolm, Craigie, Cathie, Curran, Ms Margaret, Deacon, Susan, Eadie, Helen, Ewing, Fergus, Ewing, Mrs Margaret, Fabiani, Linda, Ferguson, Patricia, Fox, Colin, Gillon, Karen, Glen, Marlyn, Godman, Trish, Gorrie, Donald, Grahame, Christine, Harper, Robin, Harvie, Patrick, Henry, Hugh, Home Robertson, John, Hughes, Janis, Hyslop, Fiona, Ingram, Mr Adam, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Kane, Rosie, Kerr, Mr Andy, Lamont, Johann, Leckie, Carolyn, Livingstone, Marilyn, MacAskill, Mr Kenny, Macdonald, Lewis, Macintosh, Mr Kenneth, Maclean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Mather, Jim, Maxwell, Mr Stewart, May, Christine, McAveety, Mr Frank, McConnell, Mr Jack, McFee, Mr Bruce, McMahon, Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Neil, Alex, Oldfather, Irene, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Radcliffe, Nora, Robison, Shona, Robson, Euan, Rumbles, Mike, Ruskell, Mr Mark, Scott, Tavish, Smith, Elaine, Smith, Iain, Smith, Margaret, Stephen, Nicol, Stevenson, Stewart, Stone, Mr Jamie, Sturgeon, Nicola, Wallace, Mr Jim, Watson, Mike, Welsh, Mr Andrew, Whitefield, Karen, Wilson, Allan
George Reid
None
The fifth question is, that motion S2M-2736, in the name of Cathy Jamieson, on supporting safer, stronger communities and reform of Scotland's criminal justice services, be agreed to.
Motion agreed to.
That the Parliament believes that building safer, stronger communities is vital for Scotland's well-being and future success; supports the reform package set out in the Criminal Justice Plan to promote the swifter delivery of sentences that are effective in reducing reoffending and supporting rehabilitation; recognises that violence, particularly knife crime, damages the daily life of already disadvantaged communities, and believes that co-ordinated action to tackle violence and knife crime must be stepped up in communities across Scotland.
George Reid
None
The sixth question is, that motion S2M-2731, in the name of Margaret Curran, on approval of a Scottish statutory instrument, be agreed to. Are we agreed?
George Reid
None
There will be a Division.
Division number 5
For: Alexander, Ms Wendy, Arbuckle, Mr Andrew, Baillie, Jackie, Baird, Shiona, Baker, Richard, Ballance, Chris, Ballard, Mark, Barrie, Scott, Brankin, Rhona, Brown, Robert, Butler, Bill, Canavan, Dennis, Chisholm, Malcolm, Craigie, Cathie, Curran, Ms Margaret, Deacon, Susan, Eadie, Helen, Ferguson, Patricia, Gillon, Karen, Glen, Marlyn, Godman, Trish, Gorrie, Donald, Harper, Robin, Harvie, Patrick, Henry, Hugh, Home Robertson, John, Hughes, Janis, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Macdonald, Lewis, Macintosh, Mr Kenneth, Maclean, Kate, Macmillan, Maureen, Martin, Paul, May, Christine, McAveety, Mr Frank, McConnell, Mr Jack, McMahon, Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Oldfather, Irene, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Radcliffe, Nora, Robson, Euan, Rumbles, Mike, Ruskell, Mr Mark, Scott, Tavish, Smith, Elaine, Smith, Iain, Smith, Margaret, Stephen, Nicol, Wallace, Mr Jim, Watson, Mike, Whitefield, Karen, Wilson, Allan
Against: Aitken, Bill, Brocklebank, Mr Ted, Davidson, Mr David, Douglas-Hamilton, Lord James, Fox, Colin, Gallie, Phil, Goldie, Miss Annabel, Kane, Rosie, Leckie, Carolyn, McGrigor, Mr Jamie, McLetchie, David, Milne, Mrs Nanette, Mitchell, Margaret, Monteith, Mr Brian, Mundell, David, Scanlon, Mary, Scott, John, Tosh, Murray
Abstentions: Adam, Brian, Ewing, Fergus, Ewing, Mrs Margaret, Fabiani, Linda, Grahame, Christine, Hyslop, Fiona, Ingram, Mr Adam, MacAskill, Mr Kenny, Marwick, Tricia, Mather, Jim, Maxwell, Mr Stewart, McFee, Mr Bruce, Neil, Alex, Robison, Shona, Stevenson, Stewart, Sturgeon, Nicola, Welsh, Mr Andrew
George Reid
None
The result of the Division is: For 66, Against 18, Abstentions 17.
Motion agreed to.
That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No 3) (Scotland) Order 2005 (SSI 2005/208) be approved.
George Reid
None
The seventh and final question is, that motion S2M-2284, in the name of Tom McCabe, that the financial resolution in respect of the Smoking, Health and Social Care (Scotland) Bill, be agreed to. Are we agreed?
George Reid
None
There will be a Division.
Division number 6
For: Adam, Brian, Alexander, Ms Wendy, Arbuckle, Mr Andrew, Baillie, Jackie, Baird, Shiona, Baker, Richard, Ballance, Chris, Ballard, Mark, Barrie, Scott, Brankin, Rhona, Brown, Robert, Butler, Bill, Canavan, Dennis, Chisholm, Malcolm, Craigie, Cathie, Curran, Ms Margaret, Deacon, Susan, Eadie, Helen, Ewing, Mrs Margaret, Fabiani, Linda, Ferguson, Patricia, Gillon, Karen, Glen, Marlyn, Godman, Trish, Gorrie, Donald, Grahame, Christine, Harper, Robin, Harvie, Patrick, Henry, Hugh, Home Robertson, John, Hughes, Janis, Hyslop, Fiona, Ingram, Mr Adam, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, MacAskill, Mr Kenny, Macdonald, Lewis, Macintosh, Mr Kenneth, Maclean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Mather, Jim, Maxwell, Mr Stewart, May, Christine, McAveety, Mr Frank, McConnell, Mr Jack, McFee, Mr Bruce, McMahon, Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Neil, Alex, Oldfather, Irene, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Radcliffe, Nora, Robison, Shona, Robson, Euan, Rumbles, Mike, Ruskell, Mr Mark, Scott, Tavish, Smith, Elaine, Smith, Iain, Smith, Margaret, Stephen, Nicol, Stevenson, Stewart, Stone, Mr Jamie, Sturgeon, Nicola, Wallace, Mr Jim, Watson, Mike, Welsh, Mr Andrew, Whitefield, Karen, Wilson, Allan
Abstentions: Aitken, Bill, Brocklebank, Mr Ted, Davidson, Mr David, Douglas-Hamilton, Lord James, Fox, Colin, Gallie, Phil, Goldie, Miss Annabel, Kane, Rosie, Leckie, Carolyn, McGrigor, Mr Jamie, McLetchie, David, Milne, Mrs Nanette, Mitchell, Margaret, Monteith, Mr Brian, Mundell, David, Scanlon, Mary, Scott, John, Tosh, Murray
George Reid
None
The result of the Division is: For 83, Against 0, Abstentions 18.
Motion agreed to.
That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Smoking, Health and Social Care (Scotland) Bill, agrees to any expenditure or increase in expenditure of a kind referred to in Rule 9.12.3(b)(ii) or (iii) of the Parliament's Standing Orders arising in consequence of the Act.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
