– in the Scottish Parliament at 5:04 pm on 20 September 2007.
Alex Fergusson
None
5:04,
20 September 2007
There are seven questions to be put as a result of today's business. [ Interruption. ] I hope that members are paying attention, because there are quite a lot of questions to be got through.
The first question is, that Amendment S3M-499.1, in the name of Mike Rumbles, which seeks to amend motion S3M-499, in the name of Richard Lochhead, on managing the risk of flooding in Scotland, be agreed to. Are we agreed?
Alex Fergusson
None
There will be a Division.
Division number 1
For: Alexander, Ms Wendy, Baillie, Jackie, Baker, Claire, Baker, Richard, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Chisholm, Malcolm, Craigie, Cathie, Curran, Margaret, Eadie, Helen, Ferguson, Patricia, Foulkes, George, Gillon, Karen, Glen, Marlyn, Godman, Trish, Gordon, Charlie, Grant, Rhoda, Gray, Iain, Henry, Hugh, Hume, Jim, Jamieson, Cathy, Kelly, James, Kerr, Andy, Lamont, Johann, Livingstone, Marilyn, Macdonald, Lewis, Macintosh, Ken, Martin, Paul, McArthur, Liam, McAveety, Mr Frank, McCabe, Tom, McConnell, Jack, McInnes, Alison, McMahon, Michael, McNeill, Pauline, Mulligan, Mary, Munro, John Farquhar, Murray, Elaine, O'Donnell, Hugh, Oldfather, Irene, Park, John, Peacock, Peter, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Rumbles, Mike, Simpson, Dr Richard, Smith, Elaine, Smith, Margaret, Stephen, Nicol, Stewart, David, Stone, Jamie, Tolson, Jim, Whitefield, Karen, Whitton, David
Against: Adam, Brian, Ahmad, Bashir, Aitken, Bill, Allan, Alasdair, Brocklebank, Ted, Brown, Gavin, Brown, Keith, Brownlee, Derek, Campbell, Aileen, Carlaw, Jackson, Coffey, Willie, Crawford, Bruce, Cunningham, Roseanna, Don, Nigel, Doris, Bob, Ewing, Fergus, Fabiani, Linda, FitzPatrick, Joe, Fraser, Murdo, Gibson, Kenneth, Gibson, Rob, Goldie, Annabel, Grahame, Christine, Harper, Robin, Harvie, Christopher, Harvie, Patrick, Hepburn, Jamie, Hyslop, Fiona, Ingram, Adam, Johnstone, Alex, Kidd, Bill, Lamont, John, MacAskill, Kenny, Marwick, Tricia, Mather, Jim, Matheson, Michael, Maxwell, Stewart, McKee, Ian, McKelvie, Christina, McLetchie, David, McMillan, Stuart, Milne, Nanette, Mitchell, Margaret, Morgan, Alasdair, Neil, Alex, Paterson, Gil, Robison, Shona, Russell, Michael, Salmond, Alex, Scanlon, Mary, Scott, John, Smith, Elizabeth, Somerville, Shirley-Anne, Stevenson, Stewart, Sturgeon, Nicola, Swinney, John, Thompson, Dave, Watt, Maureen, Welsh, Andrew, White, Sandra, Wilson, Bill, Wilson, John
Alex Fergusson
None
The second question is, that motion S3M-499, in the name of Richard Lochhead, on managing the risk of flooding in Scotland, be agreed to.
Motion agreed to.
That the Parliament notes that a Flooding Bill will be introduced during this parliamentary session; acknowledges the need for Scotland to take a more sustainable approach to flood risk management in order to tackle the increased risk of flooding associated with issues such as climate change; recognises the importance of the publication of the final report of the Flooding Issues Advisory Committee, which ran for two years, and considers that similar positive engagement with stakeholders, including those who have suffered the effects of flooding, should continue throughout the development of the draft Flooding Bill.
Alex Fergusson
None
The third question is, that Amendment S3M-498.1, in the name of Pauline McNeill, which seeks to amend motion S3M-498, in the name of Kenny MacAskill, on penal policy, be agreed to. Are we agreed?
Alex Fergusson
None
There will be a Division.
Division number 2
For: Alexander, Ms Wendy, Baillie, Jackie, Baker, Claire, Baker, Richard, Boyack, Sarah, Brankin, Rhona, Butler, Bill, Chisholm, Malcolm, Craigie, Cathie, Curran, Margaret, Eadie, Helen, Ferguson, Patricia, Foulkes, George, Gillon, Karen, Glen, Marlyn, Godman, Trish, Gordon, Charlie, Grant, Rhoda, Gray, Iain, Henry, Hugh, Jamieson, Cathy, Kelly, James, Kerr, Andy, Lamont, Johann, Livingstone, Marilyn, Macdonald, Lewis, Macintosh, Ken, Martin, Paul, McAveety, Mr Frank, McCabe, Tom, McConnell, Jack, McMahon, Michael, McNeill, Pauline, Mulligan, Mary, Murray, Elaine, Oldfather, Irene, Park, John, Peacock, Peter, Peattie, Cathy, Simpson, Dr Richard, Smith, Elaine, Stewart, David, Whitefield, Karen, Whitton, David
Against: Adam, Brian, Ahmad, Bashir, Aitken, Bill, Allan, Alasdair, Brocklebank, Ted, Brown, Gavin, Brown, Keith, Brown, Robert, Brownlee, Derek, Campbell, Aileen, Carlaw, Jackson, Coffey, Willie, Crawford, Bruce, Cunningham, Roseanna, Don, Nigel, Doris, Bob, Ewing, Fergus, Fabiani, Linda, FitzPatrick, Joe, Fraser, Murdo, Gibson, Kenneth, Gibson, Rob, Goldie, Annabel, Grahame, Christine, Harper, Robin, Harvie, Christopher, Harvie, Patrick, Hepburn, Jamie, Hume, Jim, Hyslop, Fiona, Ingram, Adam, Johnstone, Alex, Kidd, Bill, Lamont, John, MacAskill, Kenny, Marwick, Tricia, Mather, Jim, Matheson, Michael, Maxwell, Stewart, McArthur, Liam, McInnes, Alison, McKee, Ian, McKelvie, Christina, McLetchie, David, McMillan, Stuart, Milne, Nanette, Mitchell, Margaret, Morgan, Alasdair, Munro, John Farquhar, Neil, Alex, O'Donnell, Hugh, Paterson, Gil, Pringle, Mike, Purvis, Jeremy, Robison, Shona, Rumbles, Mike, Russell, Michael, Salmond, Alex, Scanlon, Mary, Scott, John, Smith, Elizabeth, Smith, Margaret, Somerville, Shirley-Anne, Stephen, Nicol, Stevenson, Stewart, Stone, Jamie, Sturgeon, Nicola, Swinney, John, Thompson, Dave, Tolson, Jim, Watt, Maureen, Welsh, Andrew, White, Sandra, Wilson, Bill, Wilson, John
Alex Fergusson
None
The fourth question is, that Amendment S3M-498.2, in the name of Margaret Smith, which seeks to amend motion S3M-498, in the name of Kenny MacAskill, on penal policy, be agreed to. Are we agreed?
Alex Fergusson
None
There will be a Division.
Division number 3
For: Brown, Robert, Hume, Jim, McArthur, Liam, McInnes, Alison, Munro, John Farquhar, O'Donnell, Hugh, Pringle, Mike, Purvis, Jeremy, Rumbles, Mike, Smith, Margaret, Stephen, Nicol, Stone, Jamie, Tolson, Jim
Against: Adam, Brian, Ahmad, Bashir, Aitken, Bill, Allan, Alasdair, Brocklebank, Ted, Brown, Gavin, Brown, Keith, Brownlee, Derek, Campbell, Aileen, Carlaw, Jackson, Coffey, Willie, Crawford, Bruce, Cunningham, Roseanna, Don, Nigel, Doris, Bob, Ewing, Fergus, Fabiani, Linda, FitzPatrick, Joe, Fraser, Murdo, Gibson, Kenneth, Gibson, Rob, Goldie, Annabel, Grahame, Christine, Harper, Robin, Harvie, Christopher, Harvie, Patrick, Hepburn, Jamie, Hyslop, Fiona, Ingram, Adam, Johnstone, Alex, Kidd, Bill, Lamont, John, MacAskill, Kenny, Marwick, Tricia, Mather, Jim, Matheson, Michael, Maxwell, Stewart, McKee, Ian, McKelvie, Christina, McLetchie, David, McMillan, Stuart, Milne, Nanette, Mitchell, Margaret, Morgan, Alasdair, Neil, Alex, Paterson, Gil, Robison, Shona, Russell, Michael, Salmond, Alex, Scanlon, Mary, Scott, John, Smith, Elizabeth, Somerville, Shirley-Anne, Stevenson, Stewart, Sturgeon, Nicola, Swinney, John, Thompson, Dave, Watt, Maureen, Welsh, Andrew, White, Sandra, Wilson, Bill, Wilson, John
Abstentions: Alexander, Ms Wendy, Baillie, Jackie, Baker, Claire, Baker, Richard, Boyack, Sarah, Brankin, Rhona, Butler, Bill, Chisholm, Malcolm, Craigie, Cathie, Curran, Margaret, Eadie, Helen, Ferguson, Patricia, Foulkes, George, Gillon, Karen, Glen, Marlyn, Godman, Trish, Gordon, Charlie, Grant, Rhoda, Gray, Iain, Henry, Hugh, Jamieson, Cathy, Kelly, James, Kerr, Andy, Lamont, Johann, Livingstone, Marilyn, Macdonald, Lewis, Macintosh, Ken, Martin, Paul, McAveety, Mr Frank, McCabe, Tom, McConnell, Jack, McMahon, Michael, McNeill, Pauline, Mulligan, Mary, Murray, Elaine, Oldfather, Irene, Park, John, Peacock, Peter, Peattie, Cathy, Simpson, Dr Richard, Smith, Elaine, Stewart, David, Whitefield, Karen, Whitton, David
Alex Fergusson
None
The fifth question is, that motion S3M-498, in the name of Kenny MacAskill, on penal policy, be agreed to.
Motion agreed to.
That the Parliament believes that Scotland should develop a progressive penal policy which improves public safety, delivers appropriate and proportionate punishment, ensures that the interests of victims and communities are given proper consideration, contributes to reducing reoffending and encourages rehabilitation in order to build a safer and stronger Scotland; recognises that, in the case of some offenders, custody is the only appropriate disposal, and welcomes the proposal to establish an independent commission to consider the purpose and use of prison.
Alex Fergusson
None
The sixth question is, that motion S3M-500, in the name of Bruce Crawford, on behalf of the Parliamentary Bureau, on approval of a statutory instrument, be agreed to.
Motion agreed to.
That the Parliament agrees that the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 be approved.
Alex Fergusson
None
I propose to ask a single question on motions S3M-502 to S3M-515, and motion S3M-525, on membership of committees, and motions S3M-516 to S3M-523, on substitution on committees. If any member objects to a single question being put, please say so now.
There being no objections, the next question is, that motions S3M-502 to S3M-515, and motion S3M-525, on membership of committees, and motions S3M-516 to S3M-523, on substitution on committees, in the name of Bruce Crawford, on behalf of the Parliamentary Bureau, be agreed to.
Motions agreed to.
That the Parliament agrees that Hugh Henry be appointed to replace Charlie Gordon on the Audit Committee.
That the Parliament agrees that Trish Godman be appointed to replace Dr Richard Simpson on the Audit Committee.
That the Parliament agrees that Claire Baker be appointed to replace Mary Mulligan on the Audit Committee.
That the Parliament agrees that Lewis Macdonald be appointed to replace Iain Gray on the Economy, Energy and Tourism Committee.
That the Parliament agrees that Mary Mulligan be appointed to replace Pauline McNeill on the Education, Lifelong Learning and Culture Committee.
That the Parliament agrees that Michael McMahon be appointed as a member of the Equal Opportunities Committee.
That the Parliament agrees that Malcolm Chisholm be appointed to replace Jackie Baillie on the European and External Relations Committee.
That the Parliament agrees that Dr Richard Simpson be appointed to replace Lewis Macdonald on the Health and Sport Committee.
That the Parliament agrees that Helen Eadie be appointed to replace Karen Gillon on the Health and Sport Committee.
That the Parliament agrees that Rhoda Grant be appointed to replace Malcolm Chisholm on the Health and Sport Committee.
That the Parliament agrees that Patricia Ferguson be appointed to replace Michael McMahon on the Local Government and Communities Committee.
That the Parliament agrees that Des McNulty be appointed to replace Sarah Boyack on the Rural Affairs and Environment Committee.
That the Parliament agrees that Karen Gillon be appointed to replace Richard Baker on the Rural Affairs and Environment Committee.
That the Parliament agrees that Charlie Gordon be appointed to replace Des McNulty on the Transport, Infrastructure and Climate Change Committee.
That the Parliament agrees that Richard Baker be appointed to replace Dr Richard Simpson on the Subordinate Legislation Committee.
That the Parliament agrees that George Foulkes be appointed to replace Irene Oldfather as the Scottish Labour Party substitute on the Economy, Energy and Tourism Committee.
That the Parliament agrees that Richard Baker be appointed to replace George Foulkes as the Scottish Labour Party substitute on the Education, Lifelong Learning and Culture Committee.
That the Parliament agrees that Jackie Baillie be appointed to replace Karen Gillon as the Scottish Labour Party substitute on the European and External Relations Committee.
That the Parliament agrees that Irene Oldfather be appointed to replace Helen Eadie as the Scottish Labour Party substitute on the Health and Sport Committee.
That the Parliament agrees that Marlyn Glen be appointed to replace Mary Mulligan as the Scottish Labour Party substitute on the Justice Committee.
That the Parliament agrees that Trish Godman be appointed to replace David Whitton as the Scottish Labour Party substitute on the Standards and Public Appointments Committee.
That the Parliament agrees that Elaine Smith be appointed to replace Richard Baker as the Scottish Labour Party substitute on the Subordinate Legislation Committee.
That the Parliament agrees that John Park be appointed to replace Malcolm Chisholm as the Scottish Labour Party substitute on the Transport, Infrastructure and Climate Change Committee.
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.
