Decision Time

– in the Scottish Parliament at 5:01 pm on 8th March 2006.

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Photo of George Reid George Reid None 5:01 pm, 8th March 2006

There are 10 questions to be put today. As previously indicated to members, decisions that were not taken last Thursday will be taken now. In relation to last Thursday's debate on Shirley McKie, if the amendment in the name of Cathy Jamieson is agreed to, the amendment in the name of Colin Fox will fall. In relation to last Thursday's debate on Scottish Water, if the amendment in the name of Ross Finnie is agreed to, the amendment in the name of Murdo Fraser will fall.

Photo of Tommy Sheridan Tommy Sheridan SSP

On a point of order, Presiding Officer. In relation to your ruling, surely the amendments in the name of Cathy Jamieson and Colin Fox are not mutually incompatible. Why would you rule that if Cathy Jamieson's amendment is agreed to, we will be unable to vote on Colin Fox's amendment?

Photo of George Reid George Reid None

Because the hook—if I can put it that way—on which it relies will have gone. It is quite simple.

The first question is, that amendment S2M-4039.2, in the name of Cathy Jamieson, which seeks to amend motion S2M-4039, in the name of Nicola Sturgeon, on Shirley McKie, be agreed to. Are we agreed?

Members:

No.

Division number 1

For: Arbuckle, Mr Andrew, Baillie, Jackie, Baker, Richard, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Chisholm, Malcolm, Craigie, Cathie, Curran, Ms Margaret, Deacon, Susan, Eadie, Helen, Ferguson, Patricia, Finnie, Ross, Gillon, Karen, Glen, Marlyn, Gordon, Mr Charlie, Gorrie, Donald, Henry, Hugh, Home Robertson, Mr John, Hughes, Janis, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lyon, George, Macdonald, Lewis, Maclean, Kate, Macmillan, Maureen, Martin, Paul, May, Christine, McAveety, Mr Frank, McCabe, Mr Tom, McConnell, Mr Jack, 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, Robson, Euan, Rumbles, Mike, Scott, Tavish, Smith, Elaine, Smith, Iain, Smith, Margaret, Stephen, Nicol, Stone, Mr Jamie, Swinburne, John, Wallace, Mr Jim, Whitefield, Karen, Wilson, Allan
Against: Adam, Brian, Aitken, Bill, Baird, Shiona, Ballance, Chris, Brocklebank, Mr Ted, Brownlee, Derek, Byrne, Ms Rosemary, Canavan, Dennis, Crawford, Bruce, Cunningham, Roseanna, Davidson, Mr David, Douglas-Hamilton, Lord James, Ewing, Fergus, Fergusson, Alex, Fox, Colin, Fraser, Murdo, Gallie, Phil, Gibson, Rob, Goldie, Miss Annabel, Grahame, Christine, Harper, Robin, Harvie, Patrick, Hyslop, Fiona, Ingram, Mr Adam, Johnstone, Alex, Kane, Rosie, Lochhead, Richard, MacAskill, Mr Kenny, Marwick, Tricia, Mather, Jim, Matheson, Michael, Maxwell, Mr Stewart, McFee, Mr Bruce, McGrigor, Mr Jamie, McLetchie, David, Milne, Mrs Nanette, Morgan, Alasdair, Neil, Alex, Robison, Shona, Ruskell, Mr Mark, Scanlon, Mary, Scott, Eleanor, Scott, John, Sheridan, Tommy, Stevenson, Stewart, Sturgeon, Nicola, Swinney, Mr John, Tosh, Murray, Turner, Dr Jean, Welsh, Mr Andrew, White, Ms Sandra

Photo of George Reid George Reid None

The result of the division is: For 64, Against 51, Abstentions 0.

Amendment agreed to.

Photo of George Reid George Reid None

Therefore, amendment S2M-4039.1, in the name of Colin Fox, falls.

The next question is, that motion S2M-4039, in the name of Nicola Sturgeon, on Shirley McKie, as amended, be agreed to. Are we agreed?

Members:

No.

Division number 2

For: Arbuckle, Mr Andrew, Baillie, Jackie, Baker, Richard, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Chisholm, Malcolm, Craigie, Cathie, Curran, Ms Margaret, Deacon, Susan, Eadie, Helen, Ferguson, Patricia, Finnie, Ross, Gillon, Karen, Glen, Marlyn, Godman, Trish, Gordon, Mr Charlie, Gorrie, Donald, Henry, Hugh, Home Robertson, Mr John, Hughes, Janis, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lyon, George, Macdonald, Lewis, Maclean, Kate, Macmillan, Maureen, Martin, Paul, May, Christine, McAveety, Mr Frank, McCabe, Mr Tom, McConnell, Mr Jack, 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, Pringle, Mike, Purvis, Jeremy, Radcliffe, Nora, Robson, Euan, Rumbles, Mike, Scott, Tavish, Smith, Elaine, Smith, Iain, Smith, Margaret, Stephen, Nicol, Stone, Mr Jamie, Swinburne, John, Wallace, Mr Jim, Whitefield, Karen, Wilson, Allan
Against: Aitken, Bill, Baird, Shiona, Ballance, Chris, Brocklebank, Mr Ted, Brownlee, Derek, Byrne, Ms Rosemary, Canavan, Dennis, Crawford, Bruce, Cunningham, Roseanna, Davidson, Mr David, Douglas-Hamilton, Lord James, Ewing, Fergus, Fergusson, Alex, Fox, Colin, Fraser, Murdo, Gallie, Phil, Gibson, Rob, Goldie, Miss Annabel, Grahame, Christine, Harper, Robin, Harvie, Patrick, Hyslop, Fiona, Ingram, Mr Adam, Johnstone, Alex, Kane, Rosie, Lochhead, Richard, MacAskill, Mr Kenny, Marwick, Tricia, Mather, Jim, Matheson, Michael, Maxwell, Mr Stewart, McFee, Mr Bruce, McGrigor, Mr Jamie, McLetchie, David, Milne, Mrs Nanette, Mitchell, Margaret, Morgan, Alasdair, Neil, Alex, Robison, Shona, Ruskell, Mr Mark, Scanlon, Mary, Scott, Eleanor, Scott, John, Sheridan, Tommy, Stevenson, Stewart, Sturgeon, Nicola, Swinney, Mr John, Tosh, Murray, Turner, Dr Jean, Welsh, Mr Andrew, White, Ms Sandra

Photo of George Reid George Reid None

The result of the division is: For 66, Against 51, Abstentions 0.

Motion, as amended, agreed to.

Resolved,

That the Parliament agrees that action needs to be taken to restore public and professional confidence in the Scottish Fingerprint Service; acknowledges that in 2000 the SCRO Fingerprint Bureau was the subject of an independent inspection by Her Majesty's Inspectorate of Constabulary (HMIC); notes that following three further inspections HMIC reported that its 25 recommendations had been fully discharged; notes that further reforms are being taken forward; that the Minister for Justice has instructed the interim Chief Executive of the Scottish Police Services Authority to bring forward, by the end of March, a comprehensive action plan drawing on the best available international scientific advice and management expertise; notes that this action plan will be reported to the Parliament; believes that a public inquiry is not appropriate; notes that it is the responsibility of the Parliament to hold the Scottish Executive to account; welcomes the work already commenced by the Justice 1 Committee, and confirms the Executive's commitment to co-operate with any inquiries that the Parliament may decide to take forward in scrutinising these reforms.

Photo of Bill Aitken Bill Aitken Conservative

On a point of order, Presiding Officer. We have reason to suspect that not all votes are being recorded. Can that be checked reasonably expeditiously without holding up proceedings? Lights have been flashing after buttons have been pressed.

Photo of George Reid George Reid None

If the matter were serious, I would need to suspend the meeting, which I am reluctant to do given the fairly comfortable margin in those votes.

If Mr Aitken has doubts about whether the vote of a member of his party has registered, he should remember that a console can be used twice. In other words, once one member has cast a vote and withdrawn their card, another member can cast their vote from that console by inserting their own card. Is that acceptable?

Photo of Bill Aitken Bill Aitken Conservative

Yes. I do not wish to protract proceedings unnecessarily, but it struck me that the number of votes for the amendment was significantly greater than it might have been. At least two members of my party feel that their vote may not have been recorded.

Photo of George Reid George Reid None

We will check that later. I am grateful to Mr Aitken for agreeing that we can proceed.

The next question is, that amendment S2M-4036.2, in the name of Ross Finnie, which seeks to amend motion S2M-4036, in the name of Rob Gibson, on Scottish Water, be agreed to. Are we agreed?

Members:

No.

Division number 3

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

Photo of George Reid George Reid None

The result of the division is: For 65, Against 47, Abstentions 6.

Amendment agreed to.

Photo of George Reid George Reid None

Therefore, amendment S2M-4036.1, in the name of Murdo Fraser, falls.

The next question is, that motion S2M-4036, in the name of Rob Gibson, on Scottish Water, as amended, be agreed to. Are we agreed?

Members:

No.

Division number 4

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

Photo of George Reid George Reid None

The result of the division is: For 65, Against 47, Abstentions 6.

Motion, as amended, agreed to.

Resolved,

That the Parliament notes that Scottish Water's draft business plan of April 2005 stated that achieving Scottish Ministers' objectives for 2006 to 2010 would require a capital investment programme of £3.7 billion and a doubling in customer charges; notes that the Water Industry Commission's determination of charges for 2006 to 2010 allowed Scottish Water a capital investment programme of £2.1 billion and charges rising by less than the rate of inflation to achieve the objectives; notes that Scottish Water accepted the determination but its plan demonstrating how it would deliver the objectives within the limits set by the determination was judged by the Executive, supported by the regulators, not to meet the requirements in a number of material aspects; notes that the Executive has required Scottish Water to produce a new plan which will command the confidence of Ministers and regulators, and considers these actions by the Executive to represent good stewardship of Scottish Water in the public and customer interest.

Photo of George Reid George Reid None

The next question is, that amendment S2M-4063.1, in the name of Sandra White, which seeks to amend motion S2M-4063, in the name of Malcolm Chisholm, on international women's day, 8 March 2006, be agreed to.

Amendment agreed to.

Photo of George Reid George Reid None

The next question is, that motion S2M-4063, in the name of Malcolm Chisholm, on international women's day, 8 March 2006, as amended, be agreed to.

Motion, as amended, agreed to.

Resolved,

That the Parliament notes the significance of 8 March 2006 as International Women's Day; endorses the role which this day plays in recognising, promoting and celebrating women's issues worldwide; congratulates the many groups and organisations which, and individuals who, strive for gender equality and to create a fairer and more equal society for women in Scotland, and, in particular, acknowledges the wide range of Scottish Executive work to advance the women's agenda in Scotland; however, notes that 30 years after the Sex Discrimination Act 1975 came into force, the pace of change remains painfully slow; further notes with great concern the trafficking of women throughout Europe, and calls on the Executive to do all in its power to stop this horrific practice.

Photo of George Reid George Reid None

The next question is, that motion S2M-4065, in the name of Margaret Curran, on the approval of a Scottish statutory instrument, be agreed to.

Motion agreed to.

That the Parliament agrees that the draft Budget (Scotland) Act 2005 Amendment (No. 2) Order 2006 be approved.

Photo of George Reid George Reid None

The final question is, that motion S2M-4066, in the name of Margaret Curran, on designation of a lead committee, be agreed to.

Motion agreed to.

That the Parliament agrees that consideration of the Legal Profession and Legal Aid (Scotland) Bill at Stage 1 be referred to the Justice 2 Committee.

Photo of George Reid George Reid None

That concludes decision time.