Decision Time

– in the Scottish Parliament at 5:00 pm on 11 December 2008.

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Photo of Alex Fergusson Alex Fergusson None 5:00, 11 December 2008

There are six questions to be put as a result of today's business. In relation to the debate on the ScotRail franchise, if the Amendment in the name of Stewart Stevenson is agreed to, the amendment in the name of Alex Johnstone will fall.

The first question is, that amendment S3M-3075.3, in the name of Stewart Stevenson, which seeks to amend motion S3M-3075, in the name of Des McNulty, on the ScotRail franchise, be agreed to. Are we agreed?

Members:

No.

Division number 1

For: Adam, Brian, Ahmad, Bashir, Allan, Alasdair, Brown, Keith, Campbell, Aileen, Coffey, Willie, Constance, Angela, Crawford, Bruce, Cunningham, Roseanna, Don, Nigel, Doris, Bob, Ewing, Fergus, Fabiani, Linda, FitzPatrick, Joe, Gibson, Kenneth, Gibson, Rob, Grahame, Christine, Harvie, Christopher, Hepburn, Jamie, Hyslop, Fiona, Ingram, Adam, Kidd, Bill, Lochhead, Richard, MacAskill, Kenny, Marwick, Tricia, Mather, Jim, Matheson, Michael, Maxwell, Stewart, McKee, Ian, McKelvie, Christina, McMillan, Stuart, Morgan, Alasdair, Neil, Alex, Paterson, Gil, Robison, Shona, Russell, Michael, Salmond, Alex, Somerville, Shirley-Anne, Stevenson, Stewart, Sturgeon, Nicola, Swinney, John, Thompson, Dave, Watt, Maureen, Welsh, Andrew, White, Sandra, Wilson, Bill, Wilson, John
Against: Aitken, Bill, Alexander, Ms Wendy, Baillie, Jackie, Baker, Claire, Baker, Richard, Boyack, Sarah, Brankin, Rhona, Brocklebank, Ted, Brown, Gavin, Brown, Robert, Brownlee, Derek, Butler, Bill, Carlaw, Jackson, Chisholm, Malcolm, Craigie, Cathie, Curran, Margaret, Eadie, Helen, Ferguson, Patricia, Finnie, Ross, Foulkes, George, Fraser, Murdo, Glen, Marlyn, Godman, Trish, Goldie, Annabel, Gordon, Charlie, Grant, Rhoda, Gray, Iain, Harper, Robin, Harvie, Patrick, Henry, Hugh, Hume, Jim, Johnstone, Alex, Kelly, James, Kerr, Andy, Lamont, John, Livingstone, Marilyn, Macdonald, Lewis, Macintosh, Ken, Martin, Paul, McArthur, Liam, McAveety, Mr Frank, McCabe, Tom, McConnell, Jack, McGrigor, Jamie, McInnes, Alison, McLetchie, David, McMahon, Michael, McNeil, Duncan, McNeill, Pauline, McNulty, Des, Milne, Nanette, Mitchell, Margaret, Mulligan, Mary, Munro, John Farquhar, Murray, Elaine, O'Donnell, Hugh, Oldfather, Irene, Park, John, Peacock, Peter, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Rumbles, Mike, Scanlon, Mary, Scott, John, Scott, Tavish, Simpson, Dr Richard, Smith, Elizabeth, Smith, Iain, Smith, Margaret, Stephen, Nicol, Stewart, David, Stone, Jamie, Tolson, Jim, Whitefield, Karen, Whitton, David
Abstentions: MacDonald, Margo

Photo of Alex Fergusson Alex Fergusson None

The result of the Division is: For 47, Against 76, Abstentions 1.

Amendment disagreed to.

Photo of Alex Fergusson Alex Fergusson None

The second question is, that Amendment S3M-3075.1, in the name of Alex Johnstone, which seeks to amend motion S3M-3075, in the name of Des McNulty, on the ScotRail franchise, be agreed to. Are we agreed?

Members:

No.

Division number 2

For: Adam, Brian, Ahmad, Bashir, Aitken, Bill, Allan, Alasdair, Brocklebank, Ted, Brown, Gavin, Brown, Keith, Brownlee, Derek, Campbell, Aileen, Carlaw, Jackson, Coffey, Willie, Constance, Angela, Crawford, Bruce, Cunningham, Roseanna, Don, Nigel, Doris, Bob, Ewing, Fergus, Fabiani, Linda, FitzPatrick, Joe, Fraser, Murdo, Gibson, Kenneth, Gibson, Rob, Goldie, Annabel, Grahame, Christine, Harvie, Christopher, Hepburn, Jamie, Hyslop, Fiona, Ingram, Adam, Johnstone, Alex, Kidd, Bill, Lamont, John, Lochhead, Richard, MacAskill, Kenny, MacDonald, Margo, Marwick, Tricia, Mather, Jim, Matheson, Michael, Maxwell, Stewart, McGrigor, Jamie, 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, Stevenson, Stewart, Sturgeon, Nicola, Swinney, John, Thompson, Dave, Watt, Maureen, Welsh, Andrew, White, Sandra, Wilson, Bill, Wilson, John
Against: 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, Finnie, Ross, Foulkes, George, Glen, Marlyn, Godman, Trish, Gordon, Charlie, Grant, Rhoda, Gray, Iain, Harper, Robin, Harvie, Patrick, Henry, Hugh, Hume, Jim, Kelly, James, Kerr, Andy, Livingstone, Marilyn, Macdonald, Lewis, Macintosh, Ken, Martin, Paul, McArthur, Liam, McAveety, Mr Frank, McCabe, Tom, McConnell, Jack, McInnes, Alison, McMahon, Michael, McNeil, Duncan, McNeill, Pauline, McNulty, Des, Mulligan, Mary, Munro, John Farquhar, Murray, Elaine, O'Donnell, Hugh, Oldfather, Irene, Park, John, Peacock, Peter, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Rumbles, Mike, Scott, Tavish, Simpson, Dr Richard, Smith, Iain, Smith, Margaret, Somerville, Shirley-Anne, Stephen, Nicol, Stewart, David, Stone, Jamie, Tolson, Jim, Whitefield, Karen, Whitton, David

Photo of Alex Fergusson Alex Fergusson None

The result of the Division is: For 63, Against 61, Abstentions 0.

Amendment agreed to.

Photo of Alex Fergusson Alex Fergusson None

The third question is, that Amendment S3M-3075.2, in the name of Alison McInnes, which seeks to amend motion S3M-3075, in the name of Des McNulty, on the ScotRail franchise, be agreed to. Are we agreed?

Amendment agreed to.

Photo of Alex Fergusson Alex Fergusson None

The fourth question is, that motion S3M-3075, in the name of Des McNulty, on the ScotRail franchise, as amended, be agreed to. Are we agreed?

Members:

No.

Division number 3

For: Adam, Brian, Ahmad, Bashir, Aitken, Bill, Allan, Alasdair, Brocklebank, Ted, Brown, Gavin, Brown, Keith, Brownlee, Derek, Campbell, Aileen, Carlaw, Jackson, Coffey, Willie, Constance, Angela, Crawford, Bruce, Cunningham, Roseanna, Don, Nigel, Doris, Bob, Ewing, Fergus, Fabiani, Linda, FitzPatrick, Joe, Fraser, Murdo, Gibson, Kenneth, Gibson, Rob, Goldie, Annabel, Grahame, Christine, Harvie, Christopher, Hepburn, Jamie, Hyslop, Fiona, Ingram, Adam, Johnstone, Alex, Kidd, Bill, Lamont, John, Lochhead, Richard, MacAskill, Kenny, Marwick, Tricia, Mather, Jim, Matheson, Michael, Maxwell, Stewart, McGrigor, Jamie, 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
Against: 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, Finnie, Ross, Foulkes, George, Glen, Marlyn, Godman, Trish, Gordon, Charlie, Grant, Rhoda, Gray, Iain, Henry, Hugh, Hume, Jim, Kelly, James, Kerr, Andy, Livingstone, Marilyn, Macdonald, Lewis, Macintosh, Ken, Martin, Paul, McArthur, Liam, McAveety, Mr Frank, McCabe, Tom, McConnell, Jack, McInnes, Alison, McMahon, Michael, McNeil, Duncan, McNeill, Pauline, McNulty, Des, Mulligan, Mary, Munro, John Farquhar, Murray, Elaine, O'Donnell, Hugh, Oldfather, Irene, Park, John, Peacock, Peter, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Rumbles, Mike, Scott, Tavish, Simpson, Dr Richard, Smith, Iain, Smith, Margaret, Stephen, Nicol, Stewart, David, Stone, Jamie, Tolson, Jim, Whitefield, Karen, Whitton, David
Abstentions: Harper, Robin, Harvie, Patrick, MacDonald, Margo

Photo of Alex Fergusson Alex Fergusson None

The result of the Division is: For 63, Against 58, Abstentions 3.

Motion, as amended, agreed to.

Resolved,

That the Parliament notes the Audit Scotland report on the extension of First ScotRail's contract to 2014; notes from the report that the original contract, negotiated by the previous Labour-led Scottish administration, "did not specify the conditions under which an extension should be considered or the criteria to be used to decide whether an extension might be appropriate"; believes that practice and procedures for future contract management can be improved and notes the report's recommendations for Transport Scotland; considers that, in light of the finding that "First ScotRail was performing above its punctuality and capacity improvements targets within its first year of operating" and "key aspects of the original franchise contract were no longer fit for purpose", the decision to extend the contract, inserted into the original contract under the previous Labour-led Scottish administration, was on balance justifiable; requires the Scottish Government to conduct the next steps of the franchise extension process with the greatest possible transparency, and therefore calls on the Minister for Transport, Infrastructure and Climate Change to bring before Parliament the draft proposals on how the £73.1 million accrued through the franchise extension will be reinvested to allow close scrutiny of the plans before any further funds are committed.

Photo of Alex Fergusson Alex Fergusson None

The fifth question is, that Amendment S3M-3078.1, in the name of Adam Ingram, which seeks to amend motion S3M-3078, in the name of Rhona Brankin, on kinship care, be agreed to. Are we agreed?

Members:

No.

Division number 4

For: Adam, Brian, Ahmad, Bashir, Allan, Alasdair, Brown, Keith, Campbell, Aileen, Coffey, Willie, Constance, Angela, Crawford, Bruce, Cunningham, Roseanna, Don, Nigel, Doris, Bob, Ewing, Fergus, Fabiani, Linda, FitzPatrick, Joe, Gibson, Kenneth, Gibson, Rob, Grahame, Christine, Harper, Robin, Harvie, Christopher, Harvie, Patrick, Hepburn, Jamie, Hyslop, Fiona, Ingram, Adam, Kidd, Bill, Lochhead, Richard, MacAskill, Kenny, Marwick, Tricia, Mather, Jim, Matheson, Michael, Maxwell, Stewart, McKee, Ian, McKelvie, Christina, McMillan, Stuart, Morgan, Alasdair, Neil, Alex, Paterson, Gil, Robison, Shona, Russell, Michael, Salmond, Alex, Somerville, Shirley-Anne, Stevenson, Stewart, Sturgeon, Nicola, Swinney, John, Thompson, Dave, Watt, Maureen, Welsh, Andrew, White, Sandra, Wilson, Bill, Wilson, John
Against: 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, Finnie, Ross, Foulkes, George, Glen, Marlyn, Godman, Trish, Gordon, Charlie, Grant, Rhoda, Gray, Iain, Henry, Hugh, Hume, Jim, Kelly, James, Kerr, Andy, Livingstone, Marilyn, Macdonald, Lewis, Macintosh, Ken, Martin, Paul, McArthur, Liam, McAveety, Mr Frank, McCabe, Tom, McConnell, Jack, McGrigor, Jamie, McInnes, Alison, McMahon, Michael, McNeil, Duncan, McNeill, Pauline, McNulty, Des, Mulligan, Mary, Munro, John Farquhar, Murray, Elaine, O'Donnell, Hugh, Oldfather, Irene, Park, John, Peacock, Peter, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Rumbles, Mike, Scott, Tavish, Simpson, Dr Richard, Smith, Iain, Smith, Margaret, Stephen, Nicol, Stewart, David, Stone, Jamie, Tolson, Jim, Whitefield, Karen, Whitton, David
Abstentions: Aitken, Bill, Brocklebank, Ted, Brown, Gavin, Brownlee, Derek, Carlaw, Jackson, Fraser, Murdo, Goldie, Annabel, Johnstone, Alex, Lamont, John, MacDonald, Margo, McLetchie, David, Milne, Nanette, Mitchell, Margaret, Scanlon, Mary, Scott, John, Smith, Elizabeth

Photo of Alex Fergusson Alex Fergusson None

The result of the Division is: For 49, Against 59, Abstentions 16.

Amendment disagreed to.

Photo of Alex Fergusson Alex Fergusson None

The final question is, that motion S3M-3078, in the name of Rhona Brankin, on kinship care, be agreed to. Are we agreed?

Members:

No.

Division number 5

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, Finnie, Ross, Foulkes, George, Glen, Marlyn, Godman, Trish, Gordon, Charlie, Grant, Rhoda, Gray, Iain, Henry, Hugh, Hume, Jim, Kelly, James, Kerr, Andy, Livingstone, Marilyn, Macdonald, Lewis, Macintosh, Ken, Martin, Paul, McArthur, Liam, McAveety, Mr Frank, McCabe, Tom, McConnell, Jack, McInnes, Alison, McMahon, Michael, McNeil, Duncan, McNeill, Pauline, McNulty, Des, Mulligan, Mary, Munro, John Farquhar, Murray, Elaine, O'Donnell, Hugh, Oldfather, Irene, Park, John, Peacock, Peter, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Rumbles, Mike, Scott, Tavish, Simpson, Dr Richard, Smith, Iain, Smith, Margaret, Stephen, Nicol, Stewart, David, Stone, Jamie, Tolson, Jim, Whitefield, Karen, Whitton, David
Against: Adam, Brian, Ahmad, Bashir, Allan, Alasdair, Brown, Keith, Campbell, Aileen, Coffey, Willie, Constance, Angela, Crawford, Bruce, Cunningham, Roseanna, Don, Nigel, Doris, Bob, Ewing, Fergus, Fabiani, Linda, FitzPatrick, Joe, Gibson, Kenneth, Gibson, Rob, Grahame, Christine, Harper, Robin, Harvie, Christopher, Harvie, Patrick, Hepburn, Jamie, Hyslop, Fiona, Ingram, Adam, Kidd, Bill, Lochhead, Richard, MacAskill, Kenny, Marwick, Tricia, Mather, Jim, Matheson, Michael, Maxwell, Stewart, McKee, Ian, McKelvie, Christina, McMillan, Stuart, Morgan, Alasdair, Neil, Alex, Paterson, Gil, Robison, Shona, Russell, Michael, Salmond, Alex, Somerville, Shirley-Anne, Stevenson, Stewart, Sturgeon, Nicola, Swinney, John, Thompson, Dave, Watt, Maureen, Welsh, Andrew, White, Sandra, Wilson, Bill, Wilson, John
Abstentions: Aitken, Bill, Brocklebank, Ted, Brown, Gavin, Brownlee, Derek, Carlaw, Jackson, Fraser, Murdo, Goldie, Annabel, Johnstone, Alex, Lamont, John, MacDonald, Margo, McGrigor, Jamie, McLetchie, David, Milne, Nanette, Mitchell, Margaret, Scanlon, Mary, Scott, John, Smith, Elizabeth

Photo of Alex Fergusson Alex Fergusson None

The result of the Division is: For 58, Against 49, Abstentions 17.

Motion agreed to.

That the Parliament notes the commitment given by the First Minister on 27 September 2007 to provide allowances for kinship carers and ensure that funding would be brought forward to ensure that all kinship carers of looked-after children in Scotland were paid the recommended allowance for foster carers; further notes the commitment contained in the Scottish Government's strategy, Getting it right for every child in kinship and foster care, to introduce a minimum national allowance of between £119 and £198 per week for kinship carers and the comments of the Minister for Children and Early Years in the subsequent debate on 5 December 2007 that he anticipated that payment of this allowance would begin in April 2008; is concerned that this has not materialised and that the vast Majority of kinship carers are not in receipt of an allowance consistent with the promises made by both the Minister for Children and Early Years and the First Minister, and therefore calls on the Scottish Government to honour in full its pledge to Scotland's kinship carers and to properly recognise the vital role that kinship carers play in looking after some of Scotland's most vulnerable children.

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.

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.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.

majority

The term "majority" is used in two ways in Parliament. Firstly a Government cannot operate effectively unless it can command a majority in the House of Commons - a majority means winning more than 50% of the votes in a division. Should a Government fail to hold the confidence of the House, it has to hold a General Election. Secondly the term can also be used in an election, where it refers to the margin which the candidate with the most votes has over the candidate coming second. To win a seat a candidate need only have a majority of 1.