Decision Time

– in the Scottish Parliament at 5:03 pm on 26 October 2005.

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Photo of George Reid George Reid None 5:03, 26 October 2005

There are seven questions to be put as a result of today's business.

Photo of Brian Monteith Brian Monteith Conservative

On a point of order, Presiding Officer. Having had the benefit of hearing the earlier speeches of John Scott and Duncan McNeil, I seek the permission of the chamber to withdraw my Amendment S2M-3411.2.

Photo of George Reid George Reid None

Under our rule 8.6.4A, Mr Monteith may withdraw the Amendment in his name unless a member objects to its being withdrawn. If any member objects, they should shout "Object" now.

Photo of George Reid George Reid None

In that case, I have to put the question. The first question is, that Amendment S2M-3411.2, in the name of Brian Monteith, which seeks to amend motion S2M-3411, in the name of Duncan McNeil, on a report on the prioritisation of the non-Executive Bills unit's workload, be agreed to. Are we agreed?

Members:

No.

Division number 1

For: Adam, Brian, Byrne, Ms Rosemary, Curran, Frances, Ewing, Fergus, Ewing, Mrs Margaret, Fox, Colin, Gibson, Rob, Grahame, Christine, Leckie, Carolyn, Maxwell, Mr Stewart, Swinney, Mr John
Against: Alexander, Ms Wendy, Arbuckle, Mr Andrew, Baillie, Jackie, Baird, Shiona, Baker, Richard, Ballance, Chris, Ballard, Mark, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Canavan, Dennis, Chisholm, Malcolm, Craigie, Cathie, Crawford, Bruce, Cunningham, Roseanna, Curran, Ms Margaret, Eadie, Helen, Ferguson, Patricia, Finnie, Ross, Gillon, Karen, Glen, Marlyn, Godman, Trish, Gordon, Mr Charlie, Gorrie, Donald, Harper, Robin, Harvie, Patrick, Henry, Hugh, Home Robertson, John, Hughes, Janis, Ingram, Mr Adam, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lochhead, Richard, Lyon, George, Macdonald, Lewis, MacDonald, Margo, Macintosh, Mr Kenneth, Maclean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Mather, Jim, McAveety, Mr Frank, McCabe, Mr Tom, McMahon, Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Oldfather, Irene, Peacock, Peter, Peattie, Cathy, Purvis, Jeremy, Radcliffe, Nora, Robison, Shona, Robson, Euan, Rumbles, Mike, Ruskell, Mr Mark, Scott, Eleanor, Scott, Tavish, Smith, Elaine, Smith, Iain, Smith, Margaret, Stephen, Nicol, Swinburne, John, Turner, Dr Jean, Wallace, Mr Jim, White, Ms Sandra, Whitefield, Karen, Wilson, Allan
Abstentions: Aitken, Bill, Brocklebank, Mr Ted, Brownlee, Derek, Davidson, Mr David, Douglas-Hamilton, Lord James, Fabiani, Linda, Fergusson, Alex, Goldie, Miss Annabel, Hyslop, Fiona, Johnstone, Alex, MacAskill, Mr Kenny, McGrigor, Mr Jamie, Milne, Mrs Nanette, Mitchell, Margaret, Monteith, Mr Brian, Morgan, Alasdair, Scanlon, Mary, Scott, John, Sturgeon, Nicola, Tosh, Murray, Welsh, Mr Andrew

Photo of George Reid George Reid None

The result of the Division is: For 11, Against 80, Abstentions 21.

Amendment disagreed to.

Photo of George Reid George Reid None

The second question is, that Amendment S2M-3411.1, in the name of Chris Ballance, which seeks to amend motion S2M-3411, in the name of Duncan McNeil, on a report on the prioritisation of NEBU's workload, be agreed to. Are we agreed?

Members:

No.

Division number 2

For: Adam, Brian, Baird, Shiona, Ballance, Chris, Ballard, Mark, Byrne, Ms Rosemary, Canavan, Dennis, Curran, Frances, Fabiani, Linda, Fox, Colin, Gorrie, Donald, Grahame, Christine, Harper, Robin, Harvie, Patrick, Leckie, Carolyn, MacDonald, Margo, Maxwell, Mr Stewart, Ruskell, Mr Mark, Scott, Eleanor, Swinburne, John, Turner, Dr Jean, White, Ms Sandra
Against: Aitken, Bill, Alexander, Ms Wendy, Arbuckle, Mr Andrew, Baillie, Jackie, Baker, Richard, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brocklebank, Mr Ted, Brown, Robert, Brownlee, Derek, Butler, Bill, Chisholm, Malcolm, Craigie, Cathie, Crawford, Bruce, Cunningham, Roseanna, Curran, Ms Margaret, Davidson, Mr David, Douglas-Hamilton, Lord James, Eadie, Helen, Ewing, Fergus, Ewing, Mrs Margaret, Ferguson, Patricia, Fergusson, Alex, Finnie, Ross, Gibson, Rob, Gillon, Karen, Glen, Marlyn, Godman, Trish, Goldie, Miss Annabel, Gordon, Mr Charlie, Henry, Hugh, Home Robertson, John, Hughes, Janis, Hyslop, Fiona, Ingram, Mr Adam, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Johnstone, Alex, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lyon, George, MacAskill, Mr Kenny, Macdonald, Lewis, Macintosh, Mr Kenneth, Maclean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Mather, Jim, McAveety, Mr Frank, McCabe, Mr Tom, McGrigor, Mr Jamie, McMahon, Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Milne, Mrs Nanette, Mitchell, Margaret, Monteith, Mr Brian, Morgan, Alasdair, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Oldfather, Irene, Peacock, Peter, Peattie, Cathy, Purvis, Jeremy, Radcliffe, Nora, Robison, Shona, Robson, Euan, Rumbles, Mike, Scanlon, Mary, Scott, John, Scott, Tavish, Smith, Elaine, Smith, Iain, Smith, Margaret, Stephen, Nicol, Sturgeon, Nicola, Swinney, Mr John, Tosh, Murray, Wallace, Mr Jim, Welsh, Mr Andrew, Whitefield, Karen, Wilson, Allan
Abstentions: Lochhead, Richard

Photo of George Reid George Reid None

The result of the Division is: For 21, Against 90, Abstentions 1.

Amendment disagreed to.

Photo of George Reid George Reid None

The third question is, that motion S2M-3411, in the name of Duncan McNeil, on a report on the prioritisation of NEBU's workload, be agreed to. Are we agreed?

Members:

No.

Division number 3

For: Aitken, Bill, Alexander, Ms Wendy, Arbuckle, Mr Andrew, Baillie, Jackie, Baker, Richard, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brocklebank, Mr Ted, Brown, Robert, Brownlee, Derek, Butler, Bill, Chisholm, Malcolm, Craigie, Cathie, Crawford, Bruce, Cunningham, Roseanna, Curran, Ms Margaret, Davidson, Mr David, Douglas-Hamilton, Lord James, Eadie, Helen, Ewing, Fergus, Ewing, Mrs Margaret, Fabiani, Linda, Ferguson, Patricia, Fergusson, Alex, Finnie, Ross, Gibson, Rob, Gillon, Karen, Glen, Marlyn, Godman, Trish, Goldie, Miss Annabel, Gordon, Mr Charlie, Henry, Hugh, Home Robertson, John, Hughes, Janis, Hyslop, Fiona, Ingram, Mr Adam, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Johnstone, Alex, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lochhead, Richard, Lyon, George, MacAskill, Mr Kenny, Macdonald, Lewis, Macintosh, Mr Kenneth, Maclean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Mather, Jim, McAveety, Mr Frank, McCabe, Mr Tom, McGrigor, Mr Jamie, McMahon, Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Milne, Mrs Nanette, Mitchell, Margaret, Monteith, Mr Brian, Morgan, Alasdair, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Oldfather, Irene, Peacock, Peter, Peattie, Cathy, Purvis, Jeremy, Radcliffe, Nora, Robison, Shona, Robson, Euan, Rumbles, Mike, Scanlon, Mary, Scott, John, Scott, Tavish, Smith, Elaine, Smith, Iain, Smith, Margaret, Stephen, Nicol, Sturgeon, Nicola, Swinburne, John, Swinney, Mr John, Tosh, Murray, Turner, Dr Jean, Wallace, Mr Jim, Welsh, Mr Andrew, Whitefield, Karen, Wilson, Allan
Against: Baird, Shiona, Ballance, Chris, Ballard, Mark, Byrne, Ms Rosemary, Canavan, Dennis, Curran, Frances, Fox, Colin, Grahame, Christine, Harper, Robin, Harvie, Patrick, Leckie, Carolyn, Ruskell, Mr Mark, Scott, Eleanor, White, Ms Sandra
Abstentions: Adam, Brian, Gorrie, Donald, MacDonald, Margo, Maxwell, Mr Stewart

Photo of George Reid George Reid None

The result of the Division is: For 94, Against 14, Abstentions 4.

Motion agreed to.

That the Parliament endorses the prioritisation criteria set out in paragraphs 7 to 9 of the Scottish Parliamentary Corporate Body's 2nd Report, 2005 (Session 2): Report on the Prioritisation of the Non-Executive Bills Unit's Workload (SP Paper 434) and therefore agrees the recommendations in paragraph 19 of the report.

Photo of George Reid George Reid None

The fourth question is, that motion S2M-3440, in the name of Malcolm Chisholm, on the Equality Bill, which is United Kingdom legislation, be agreed to. Are we agreed? That is agreed.

Members:

No.

Photo of George Reid George Reid None

I am sorry—I did not hear that no. Please shout louder. You can, of course, shout very loud when you want to, Ms Grahame. There will be a Division.

Division number 4

For: Aitken, Bill, Alexander, Ms Wendy, Arbuckle, Mr Andrew, Baillie, Jackie, Baird, Shiona, Baker, Richard, Ballance, Chris, Ballard, Mark, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brocklebank, Mr Ted, Brown, Robert, Brownlee, Derek, Butler, Bill, Chisholm, Malcolm, Craigie, Cathie, Curran, Ms Margaret, Davidson, Mr David, Douglas-Hamilton, Lord James, Eadie, Helen, Ferguson, Patricia, Fergusson, Alex, Finnie, Ross, Gillon, Karen, Glen, Marlyn, Godman, Trish, Goldie, Miss Annabel, Gordon, Mr Charlie, Gorrie, Donald, Harper, Robin, Harvie, Patrick, Henry, Hugh, Home Robertson, John, Hughes, Janis, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Johnstone, Alex, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lyon, George, Macdonald, Lewis, MacDonald, Margo, Macintosh, Mr Kenneth, Maclean, Kate, Macmillan, Maureen, Martin, Paul, McAveety, Mr Frank, McCabe, Mr Tom, McGrigor, Mr Jamie, 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, Munro, John Farquhar, Murray, Dr Elaine, Oldfather, Irene, Peacock, Peter, Peattie, Cathy, Purvis, Jeremy, Radcliffe, Nora, Robson, Euan, Rumbles, Mike, Ruskell, Mr Mark, Scanlon, Mary, Scott, Eleanor, Scott, John, Scott, Tavish, Smith, Elaine, Smith, Iain, Smith, Margaret, Stephen, Nicol, Tosh, Murray, Turner, Dr Jean, Wallace, Mr Jim, Whitefield, Karen, Wilson, Allan
Against: Byrne, Ms Rosemary, Canavan, Dennis, Curran, Frances, Fox, Colin, Kane, Rosie, Leckie, Carolyn, Swinburne, John
Abstentions: Adam, Brian, Crawford, Bruce, Cunningham, Roseanna, Ewing, Mrs Margaret, Fabiani, Linda, Gibson, Rob, Grahame, Christine, Hyslop, Fiona, Ingram, Mr Adam, Lochhead, Richard, MacAskill, Mr Kenny, Marwick, Tricia, Mather, Jim, Maxwell, Mr Stewart, Morgan, Alasdair, Robison, Shona, Sturgeon, Nicola, Swinney, Mr John, Welsh, Mr Andrew, White, Ms Sandra

Photo of George Reid George Reid None

The result of the Division is: For 85, Against 7, Abstentions 20.

Motion agreed to.

That the Parliament agrees the principles contained in the provisions of the Equality Bill, including the power to impose duties on public authorities, so far as those provisions relate to matters within the legislative competence of the Scottish Parliament or confer functions on the Scottish Ministers, and agrees that those provisions should be considered by the UK Parliament.

Photo of George Reid George Reid None

Unless any member objects, I propose to put a single question on motions S2M-3451 to S2M-3453. There being no objections, the fifth question is, that motions S2M-3451 to S2M-3453, in the name of Margaret Curran, on committee substitutes, be agreed to.

Motions agreed to.

That the Parliament agrees that Donald Gorrie be appointed to replace George Lyon as the Scottish Liberal Democrat substitute on the Enterprise and Culture Committee.

That the Parliament agrees that Euan Robson be appointed to replace Robert Brown as the Scottish Liberal Democrat substitute on the Health Committee.

That the Parliament agrees that Mike Pringle be appointed to replace Margaret Smith as the Scottish Liberal Democrat substitute on the Justice 2 Committee.

Photo of George Reid George Reid None

The sixth question is, that motion S2M-3454, in the name of Margaret Curran, on the approval of a Scottish statutory instrument, be agreed to. Are we agreed?

Members:

No.

Division number 5

For: Adam, Brian, Aitken, Bill, Alexander, Ms Wendy, Arbuckle, Mr Andrew, Baillie, Jackie, Baird, Shiona, Baker, Richard, Ballance, Chris, Ballard, Mark, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brocklebank, Mr Ted, Brown, Robert, Brownlee, Derek, Butler, Bill, Canavan, Dennis, Chisholm, Malcolm, Craigie, Cathie, Crawford, Bruce, Cunningham, Roseanna, Curran, Ms Margaret, Davidson, Mr David, Douglas-Hamilton, Lord James, Eadie, Helen, Ewing, Fergus, Ewing, Mrs Margaret, Fabiani, Linda, Ferguson, Patricia, Fergusson, Alex, Finnie, Ross, Gibson, Rob, Gillon, Karen, Glen, Marlyn, Godman, Trish, Goldie, Miss Annabel, Gordon, Mr Charlie, Gorrie, Donald, Grahame, Christine, Harper, Robin, Harvie, Patrick, Henry, Hugh, Home Robertson, John, Hughes, Janis, Hyslop, Fiona, Ingram, Mr Adam, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Johnstone, Alex, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lochhead, Richard, Lyon, George, MacAskill, Mr Kenny, Macdonald, Lewis, MacDonald, Margo, Macintosh, Mr Kenneth, Maclean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Mather, Jim, Maxwell, Mr Stewart, McAveety, Mr Frank, McCabe, Mr Tom, McGrigor, Mr Jamie, McMahon, Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Milne, Mrs Nanette, Mitchell, Margaret, Monteith, Mr Brian, Morgan, Alasdair, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Oldfather, Irene, Peacock, Peter, Peattie, Cathy, Purvis, Jeremy, Radcliffe, Nora, Robison, Shona, Robson, Euan, Rumbles, Mike, Ruskell, Mr Mark, Scanlon, Mary, Scott, Eleanor, Scott, John, Scott, Tavish, Smith, Elaine, Smith, Iain, Smith, Margaret, Stephen, Nicol, Sturgeon, Nicola, Swinburne, John, Swinney, Mr John, Tosh, Murray, Turner, Dr Jean, Wallace, Mr Jim, Welsh, Mr Andrew, White, Ms Sandra, Whitefield, Karen, Wilson, Allan
Against: Byrne, Ms Rosemary, Curran, Frances, Fox, Colin, Kane, Rosie, Leckie, Carolyn

Photo of George Reid George Reid None

The result of the Division is: For 108, Against 5, Abstentions 0.

Motion agreed to.

That the Parliament agrees that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 11) (Scotland) Order 2005 (SSI 2005/455) be approved.

Photo of George Reid George Reid None

The final question is, that motion S2M-3455, in the name of Margaret Curran, on the designation of a lead committee, be agreed to.

Motion agreed to.

That the Parliament agrees that the Justice 1 Committee be designated as lead committee in consideration of the Scottish Commissioner for Human Rights Bill at Stage 1.

amendment

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.

bills

A proposal for new legislation that is debated by Parliament.

division

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.

Division

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.

Amendment

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.

Bills

A proposal for new legislation that is debated by Parliament.