Marine (Scotland) Bill: Stage 3 – in the Scottish Parliament at 3:30 pm on 4 February 2010.
Trish Godman
Labour
3:30,
4 February 2010
We move to group 21. Amendment 7, in the name of Liam McArthur, is grouped with amendments 85 and 86.
Liam McArthur
Liberal Democrat
Committee colleagues will recall that I lodged a series of amendments at stage 2 reflecting concerns in the port industry in Scotland, including Orkney Harbours, about the implications of the use of the enforcement powers in the bill. Although I am pleased to say that some of the concerns have been addressed, legitimate concerns remain that there is no requirement on enforcement officers to communicate with or seek the views of a port authority prior to taking a decision to direct a vessel to that port.
I accept that, as the Cabinet secretary suggested at stage 2, in practice such exchanges take place in most instances. However, I am concerned that enforcement officers could make decisions that are expedient for them in discharging their duties but which do not reflect the best interests of the affected port, other users of the port and even, conceivably, the environment. It would clearly not be acceptable for ports to refuse to accept a vessel without compelling reasons, but a policy on the part of enforcement officers of "don't ask, don't tell" does not appear to be satisfactory either.
Before deciding whether to press Amendment 7, I will be interested to hear the steps that the cabinet secretary feels he might be able to take to address this underlying concern.
I move amendment 7.
Richard Lochhead
Scottish National Party
First, I will address Amendment 7, in the name of Liam McArthur. The power to direct a vessel to port is not new. It exists, for example, for investigating and enforcement officers under the Food and Environment Protection Act 1985, for wildlife officers under the Offshore Marine Conservation
I recognise Liam McArthur's good intentions in lodging amendment 7. However, our compliance officers believe that it could introduce considerable difficulties for them. Importantly, they believe that it would seriously hinder their ability properly to enforce marine legislation. When a ship is directed to port, I believe that the convention is for those on the marine protection vessel to contact the port concerned and make the appropriate arrangements. However, I am advised that it is not possible to share enforcement policy instructions.
I am happy to write to Liam McArthur to set out our approach. With that in mind, I ask him to seek leave to withdraw amendment 7.
Government amendment 85 provides clarity concerning to whom evidence needs to be shown when enforcement officers are exercising powers under part 6. Section 136 was amended at stage 2 by a non-Government amendment in the name of Stuart McMillan. Prior to that amendment, there was a duty to produce evidence of authorisation on request before exercising any power under part 6. Mr McMillan's amendment brought about the change that marine enforcement officers must produce such evidence, regardless of whether or not they are asked to do so. That raised the question to whom the evidence must be shown and what would happen when no relevant person was present. Amendment 85 clarifies those matters.
Amendment 86 disapplies sections 136 and 137 in relation to the entry of marine enforcement officers into dwellings for the purpose of exercising enforcement powers under part 6. That is required because entry into dwellings by officers is covered by section 122, which requires that a warrant is needed for such entry. Paragraph 9 of schedule 3 has its own rules on production for evidence in this situation.
Liam McArthur
Liberal Democrat
I hear what the Cabinet secretary says about my Amendment 7, but it was expressed to me that enforcement officers are having kittens over this—although the person put it in rather more measured terms.
I appreciate the cabinet secretary's offer to write to me with an explanation. However, given the concerns that have been expressed to me and the underlying problems that many in the port industry perceive in this regard, I will press amendment 7.
Trish Godman
Labour
The question is, that Amendment 7 be agreed to. Are we agreed?
Trish Godman
Labour
There will be a Division.
Division number 19
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, Gillon, Karen, Glen, Marlyn, Gordon, Charlie, Grant, Rhoda, 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, McInnes, Alison, McMahon, Michael, McNeil, Duncan, McNeill, Pauline, McNulty, Des, Mulligan, Mary, 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, Elaine, Smith, Iain, Smith, Margaret, Stephen, Nicol, Stewart, David, Stone, Jamie, Tolson, Jim, Whitefield, Karen, Whitton, David
Against: Adam, Brian, 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, Harper, Robin, Harvie, Christopher, Harvie, Patrick, Hepburn, Jamie, Hyslop, Fiona, Ingram, Adam, Kidd, Bill, Lamont, John, Lochhead, Richard, MacAskill, Kenny, Marwick, Tricia, Mather, Jim, Matheson, Michael, Maxwell, Stewart, McGrigor, Jamie, McKee, Ian, McKelvie, Christina, McLaughlin, Anne, McLetchie, David, McMillan, Stuart, Milne, Nanette, Mitchell, Margaret, Neil, Alex, Paterson, Gil, Robison, Shona, Russell, Michael, 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
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.
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The cabinet normally meets once a week in the cabinet room at Downing Street.
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.
