Section 10 — Licence holders: social responsibility levy

Alcohol etc (Scotland) Bill: Stage 3 – in the Scottish Parliament at 4:00 pm on 10th November 2010.

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Photo of Trish Godman Trish Godman Labour 4:00 pm, 10th November 2010

We come to group 8. Amendment 10, in the name of the minister, is grouped with amendments 11, 12 and 33 to 37.

Photo of Nicola Sturgeon Nicola Sturgeon Scottish National Party

Amendments 10 to 12 are minor drafting amendments that are required as a consequence of other amendments that were agreed to at stage 2.

Amendment 33, in Murdo Fraser's name, seeks to provide that the levy regulations may make provision for discounts to the social responsibility levy to be applied for licence holders complying with the standards of practice that would be set out in regulations. I support that amendment, as it is consistent with the reduction in the levy that we wish to be in place for licence holders who demonstrate good practice.

I said at stage 2 that I would endeavour to provide draft regulations on the levy, setting out more detail. Last week, a consultation document, including draft regulations, was issued to relevant stakeholders for comment. A copy was sent to the Health and Sport Committee, and it is also available on the Scottish Government website. The consultation document sets out some of the detail of the workings of the levy, and it poses specific questions on areas in which it is important to get feedback, including on what method should be used to determine good practice, who will determine that good practice and what level of reduction the levy should attract.

As I have said before, it is important to take the time to get these provisions right, and we continue to work with the licensed trade and the Convention of Scottish Local Authorities. The first draft of the regulations is intended to assist that consultation process. There will be further consultation, to comply with section 11, before the regulations are laid before the Parliament.

I remind members that the prevailing economic conditions will need to be taken into account before any levy is introduced. The availability of draft regulations now does not indicate that regulations will necessarily be laid in the near future. I view the social responsibility levy as a longer-term aim, but I believe that it is right that the licensed trade, including the supermarket sector, contributes to the services that are needed to deal with the consequences of alcohol misuse and overconsumption.

I do not support amendment 34 in Ross Finnie's name, which would add an additional licensing objective that is relevant to the purpose for which the levy may be imposed. Amendment 34 does not work as a licensing objective. Although I accept that Ross Finnie might be seeking to pursue a similar measure to that which has been proposed by Murdo Fraser in amendment 33, I consider amendment 33 to be more comprehensive and, therefore, preferable.

I do not support amendments 35 to 37, in Ross Finnie's name, which seek to limit the purpose for which the levy can be imposed and therefore the purpose for which local authorities can use the levy. The licensing objectives in the 2005 act work together. They are the fundamental principles on which the licensing regime was founded; they are not a pick and mix. I am concerned that amendments 35 to 37 would throw out some objectives while retaining others.

Given the impact that alcohol misuse has on our communities, I fail to see the logic in providing that local authorities cannot spend money from a future levy on preventing crime and disorder, protecting public safety and preventing public nuisance. If, for example, a local authority wanted to use the levy for taxi marshalling, to contribute to services that are provided by street pastors or to provide extra policing in city centres, we should not restrict the authority by allowing the levy to be used only to protect public health, important though that is. I am sure that it was not Ross Finnie's intention to obstruct local authorities' ability to use the levy, but that would be the practical effect of amendments 35 to 37.

I move amendment 10.

Photo of Murdo Fraser Murdo Fraser Conservative

Amendment 33 would make it clear that future regulations on the social responsibility levy would provide discounts for licence holders who demonstrated that they met or exceeded best practice, as set out in the regulations. The Health and Sport Committee and the Scottish Government have said that licensees who demonstrate best practice in their approach to social responsibility should be recognised under the levy regulations. Amendment 33 would ensure that that principle was enshrined in legislation.

The Scottish Government has acknowledged that the majority of licence holders act in a responsible way. A social responsibility levy should not penalise licence holders who comply with best practice and contribute to projects in communities that support responsible drinking. The offer of maximum discounts for best practice would ensure that projects that are already substantially funded by the industry could continue to flourish and that funds would not be diverted to pay the social responsibility levy.

There are numerous examples of successful voluntary projects that involve licence holders, which work towards national health and social objectives. In England, community alcohol partnerships, which aim to reduce underage drinking and antisocial behaviour, have had particular success. The industry recently substantially increased its support for Drinkaware and there is a great deal of good will from retailers to support the charity's campaigns and materials, through promotions to consumers at point of sale, display of information and leaflets, magazines and advertising.

It is important that licence holders who support such activities are not disincentivised to contribute by having to pay a social responsibility levy on top of the resources that they allocate to the activities. The provision of a sliding scale of discounts to the levy would encourage wider support from the industry and recognise the good work that the industry does throughout Scotland. I welcome the cabinet secretary's support for amendment 33.

Photo of Ross Finnie Ross Finnie Liberal Democrat

I regret to say that even at this late stage the whole question of the social responsibility levy remains unclear. Although I accept that it would not be competent to delete section 10, I was minded to do so. I accept that a wrecking amendment to part 2 would not be acceptable at this stage.

We remain very unclear as to the exact import of the approach in part 2. It started as a polluter-pays principle, but it was absolutely clear in discussions at stage 2 that there was no appetite for such a negative approach to the imposition of a social responsibility levy. I accept that the cabinet secretary said that she would produce draft regulations, but I am bound to say that the publication of the draft regulations came a tad late in the day and certainly not in time for adequate consideration of whether further amendments might be lodged in light of the regulations' publication.

The Liberal Democrat position is clear. We think that the social responsibility levy should be used for a positive and not a negative purpose. If we are concerned about disorder, there are all sorts of provisions in the 2005 act that ought to be applied. Indeed, there are a number of licensing boards who ought to use their existing powers to revoke licences and put licensees under a great deal more pressure in relation to illegal behaviour.

It is quite wrong to suggest that I am obviating the purposes of the 2005 act by making these amendments to licensing objectives. Let us be clear that, when I talk about amending licensing objectives, I am talking about licensing objectives as they are defined exclusively for the purposes of section 10 and no other section.

Amendments 34 to 37 do not affect the principle of the licensing provisions. The notion—put to us by the cabinet secretary—that I am upsetting the balance between the licensing objectives does not hold good. The amendments relate exclusively to how the objectives apply in relation to section 10.

If we are looking for a more positive purpose, trying to promote measures that will do something to contain the abuse and use of alcohol and assist those who suffer from that, looking for positive purposes on public health and looking to reward those who follow best practice, it is important to delete references to law and order, public safety and public nuisance. Those matters are properly addressed within the licensing conditions. That is why they are in the objectives in the Licensing (Scotland) Act 2005 and apply generally to the other parts of the section.

After a huge amount of debate and discussion, we still lack a clear statement of precisely what the social responsibility levy will ultimately be used for. The Liberal Democrats will try as hard as we can to introduce a more positive aspect into the social responsibility levy provisions. For that purpose, I will move amendments 34 to 37. I hope that they will gain support.

We will support Murdo Fraser's amendment 33. As the cabinet secretary indicated, amendments 10 to 12 are purely technical and, therefore, they will receive our support.

Photo of Jackie Baillie Jackie Baillie Labour

We support amendments 10 to 12 in the cabinet secretary's name but are opposed to the amendments from Murdo Fraser and Ross Finnie.

I acknowledge that Ross Finnie's and Murdo Fraser's amendments are well intentioned and that they want to reward retailers who engage in good practice. I do not disagree with that approach, but I genuinely feel that we have not thought through how that would be achieved in practice. What would we do in a circumstance in which a retailer had undertaken really positive education work with local youth groups but, nevertheless, was responsible for the majority of alcohol sales in a particular area that was the focus of antisocial behaviour?

I suspect that much of what Murdo Fraser and Ross Finnie propose is born out of frustration at the lack of detail about how the social responsibility levy would operate. That is clearly an unsatisfactory state of affairs. It is not helpful at all to bring forward drafts at the 59th minute of the 11th hour.

The social responsibility levy would benefit from further work and discussion, but it cannot be resolved at stage 3, so I suggest that the best approach would be for the Government to engage in dialogue with the industry, local authorities and public health interests as part of a package of regulations that set out the detail of the levy.

Photo of Hugh Henry Hugh Henry Labour

I am instinctively suspicious of being asked to agree to legislation without knowing the full details of what we are voting for. In effect, we are being asked to buy a pig in a poke. It is not responsible to ask members of the Parliament to make major decisions that will have significant implications for many businesses throughout the country without knowing the full facts. Therefore, I hope that the cabinet secretary and her colleagues will listen closely to Jackie Baillie's exhortations to them to come back to the Parliament having discussed the matter with the industry, retailers and all those affected.

We talk about the polluter paying. I take the view that the polluter is the person who gets drunk, often with substantial amounts of money in their pocket, and causes mayhem in their local community. We should not pass the full burden of responsibility on to responsible drinkers or responsible publicans and off-licence holders in many small communities, who will suffer as a result of our agreeing to a financial penalty without knowing the details.

If we are going to introduce a levy, it is incumbent on us to ensure that the volume retailers bear the responsibility. I hope that the responsible publicans and retailers who are doing their best, often at very small margins, will not be punished. If we lose pubs in small towns and villages throughout Scotland, we will damage the social fabric. It is incumbent on the Parliament to be more open and honest, and to go back and have further discussions with those who are directly affected.

Photo of Richard Simpson Richard Simpson Labour 4:15 pm, 10th November 2010

We will support amendments 10 to 12 because they are tidying-up amendments.

The amendments from Murdo Fraser and Ross Finnie arise from the fact that we do not have clarity on the social responsibility levy. I am concerned about Murdo Fraser's amendment 33, because it would bring in—in a reverse way—the polluter-pays principle. Polluters would be the only ones to pay, and we rejected that idea at stage 2. I hope that the Parliament will reject that again and leave it to regulation, by which we can consider a genuine partnership with industry. The discussions with industry did not take place for about 16 months, and we could have advanced that far further.

Photo of Nicola Sturgeon Nicola Sturgeon Scottish National Party

Ross Finnie rightly says that there was no support at stage 2 for the polluter-pays principle, which is precisely why we accepted the committee's recommendation that any levies should be applied through a blanket approach with good-conduct discounts.

I agree with Ross Finnie that we should seek to apply the levy for positive reasons, but I happen to think that it would be just as positive to spend the proceeds on combating crime in a community, for example, as to spend them on improving public health.

Ross Finnie's amendments would restrict what the levy could be spent on to those licensing objectives that are directly related to health, and on that basis I do not support them.

A number of members have said that we do not yet have all the detail on how much the levy would be and to whom it would be paid. That is deliberate. We have decided that for a levy that will not be introduced immediately, it is right that we pass an enabling power and then engage in extensive consultations with the industry and other stakeholders before coming to final decisions. That is right and proper.

Hugh Henry says that he is instinctively opposed to passing legislation of this nature. I draw his attention to the fact that the 2005 act that the previous Administration passed had 22 provisions in it that required regulations to flesh out the detail and put flesh on the bones. That has been the practice here, but I hope that I can reassure Jackie Baillie and Hugh Henry by repeating what I said in my original remarks.

We have put draft regulations out for consultation, and we will listen to the views that come back. When those regulations are formally introduced to the Parliament, section 11 requires a further consultation procedure. Later this afternoon we will accept an amendment from the Subordinate Legislation Committee to apply the super-affirmative procedure to those regulations. It would be for the Parliament at that stage to scrutinise those regulations fully and take a decision about whether to introduce them. That is a perfectly acceptable way to proceed.

For those reasons, I ask the Parliament to support the technical amendments in my name and Murdo Fraser's amendment 33, and to reject Ross Finnie's amendments.

Amendment 10 agreed to.

Photo of Trish Godman Trish Godman Labour

We move to group 9. Amendment 29, in the name of Murdo Fraser, is grouped with amendments 30 to 32 and 38.

Photo of Murdo Fraser Murdo Fraser Conservative

Amendment 29 and the consequential amendments in the group apply the social responsibility levy only to those licence holders who have been convicted of a relevant offence or a foreign offence. The amendments go to the heart of the division in the chamber between those members who believe that there should be a blanket approach to the social responsibility levy, and those who—like me and, I believe, Ross Finnie, given his earlier comments—believe that it should be targeted based on the polluter-pays principle.

Given that the social responsibility levy is mentioned in the long title of the bill, my Conservative colleagues and I sought legal advice, which was that the levy could not be removed from the bill in its entirety. My amendments therefore seek to restrict the implementation of the provision on charging licence holders a levy. My Conservative colleague Mary Scanlon dissented from certain paragraphs of the committee's stage 1 report on the social responsibility levy, so it is no surprise that we are trying to amend section 10.

My amendments would restrict the scope of the social responsibility levy to licence holders who had been convicted of a relevant offence or a foreign offence, as described in section 129 of the 2005 act. If the levy were to be introduced, many trade organisations and others would favour a fault-based approach that did not seek to punish the majority of responsible businesses that comply effectively with the law of this country. If a levy is to be applied, it should, in all equity, be directly attributable only to those premises licence holders who have been convicted of a relevant offence under the 2005 act.

As things stand, as we have heard, there is undoubtedly a lack of clarity around the levy, which many in the industry claim will be very difficult to implement and which could lead to responsible licensees being punished. It is worth noting that 51 per cent of the responses that the committee received in response to its call for evidence were in favour of the levy and 49 per cent of them were against it. That hardly represents a ringing endorsement of the principle.

I hope that my amendments will help to put greater emphasis on enforcement of offences under the existing law, such as the offence of selling alcohol to a person who is intoxicated. The Scottish Grocers Federation has raised concerns about the disproportionate effect that the levy would have on smaller shops and thinks that there should be a fault-based measure rather than an indiscriminate, blanket levy, which could send the dangerous message that no individual needs to be responsible for their own actions.

I move amendment 29.

Photo of Trish Godman Trish Godman Labour

I ask those members whom I call on this group to be brief, please.

Photo of Ross Finnie Ross Finnie Liberal Democrat

I do not know whether Murdo Fraser misunderstood my earlier comments; I think that I made it fairly clear that I supported the rejection of the polluter-pays principle. Therefore, I oppose Murdo Fraser's amendments.

I understand Murdo Fraser's wish to restrict the application of the levy, but if we are to have a provision that deals only with those who have committed an offence, it seems to me that that has nothing to do with a social responsibility levy. It is not necessary for someone to have engaged in criminal activity for them properly to contribute to a social responsibility levy; that would be to make payment of the levy an extension of the punishment. If that is the desire, Murdo Fraser should seek to amend the provisions of the 2005 act on the punishments that are available to a licensing board for those who commit an offence. He is confusing two quite separate purposes, so Liberal Democrats will oppose his amendments to section 10.

Photo of Rhoda Grant Rhoda Grant Labour

At first glance, the amendments in the group look reasonable, and I was keen on a polluter-pays regime when we started to take evidence, but it became clear that penalties are in place that are seldom used.

In addition, on closer examination, it became apparent that it is not always easy to identify those who are breaking the law. For example, if someone is drinking outside or even at home and is causing disorder, how can we identify where they bought that drink and whether it would have been reasonable for the establishment in question to know that they would behave in that manner? If they are found in a licensed premises or in the vicinity of one, how do we know that they were sold alcohol there or whether the licensee could have refused to serve them? The bottom line is that it is almost impossible to identify the polluter. When they can be identified, they should have their licence revoked rather than have to pay a fine by way of a social responsibility levy.

I have sympathy with Murdo Fraser and other members who are trying to come to grips with the levy, as the truth is that the bill contains no detail on it, with the result that members have been left to fill that void. However, Murdo Fraser's amendments would be counterproductive. We need to look at the whole picture. The Subordinate Legislation Committee's amendment 40 seeks to ensure that the regulations to bring the levy into force will be subject to the super-affirmative process, which will allow the consultation and discussion that are required to ensure that the levy works when it is eventually introduced.

Photo of Patrick Harvie Patrick Harvie Green

By the sound of what we have heard so far, I will be voting alongside most members in opposing Murdo Fraser's amendments, but I think that it is worth replying to one of the points that he made. He said that the amendments went to the heart of one of the fundamental divisions of opinion on many aspects of the bill, and I think that he is right about that.

To understand the social responsibility levy as a fine or, as Murdo Fraser described it at one point, a punishment is to fundamentally misunderstand the approach that is being taken. The approach that is being taken in the bill and in many of its most progressive elements, including some that are no longer in the bill, is a population-level approach. It recognises that we must all be part of responsibility, whether we have a severe drinking problem or cause antisocial behaviour, or whether we have broken the law. I am not puritanical about alcohol; I enjoy alcohol and I like the part that it plays in my life. However, it is acceptable even for those of us who enjoy alcohol responsibly to recognise that we have that responsibility. The social responsibility levy, seen in terms of a population-level intervention, is part of the public health approach that should be informing the most progressive elements of the bill.

It is unfortunate that some of those population-level and public health arguments seem to have been lost during the discussion of the bill. I will oppose Murdo Fraser's amendments.

Photo of Richard Simpson Richard Simpson Labour

Murdo Fraser's point about smaller shops and rural pubs is a good point, and when we come to discuss the super-affirmative subordinate legislation, which I hope we will do in due course, I hope that we will seek to protect those groups. However, he is asking us to vote later for amendment 33 and, if we agree to the amendments in the group, we would be offering a discount to people who have committed a criminal offence. That seems to be fairly illogical, so I ask members to vote against the amendments and get rid of them.

Photo of Nicola Sturgeon Nicola Sturgeon Scottish National Party

I think that I have just agreed with Richard Simpson for the first time this afternoon. He makes a good point about the logicality of the various amendments that Murdo Fraser is asking us to support.

I agree strongly with Patrick Harvie's contribution, and not just with his point about enjoying alcohol, which I also admit to. Patrick Harvie is absolutely correct to say that the problems that we face with alcohol misuse affect us all in society, so the responsibility for tackling them also belongs to us all. We should see all the proposed measures in the bill in that context.

Amendments 29 to 32 would all limit the scope of the levy by applying it only to those who have been convicted of certain offences. The committee debated and voted down similar amendments at stage 2. At that stage, the other committee members agreed that aligning the levy to criminal behaviour is a punitive approach, it is not acceptable, and it should not be what the social responsibility levy is about. As Ross Finnie rightly said, we have licensing laws in place to deal with those who are convicted of offences and there are powers for licensing boards to apply sanctions to businesses that operate irresponsibly.

The restrictive approach that Murdo Fraser has proposed is also inconsistent with that which was recommended by the committee at stage 1; we have already heard today what that approach recommended. I therefore believe that Murdo Fraser's amendments would run counter to the spirit of the social responsibility levy, and for those reasons, I ask members to vote against them.

Photo of Murdo Fraser Murdo Fraser Conservative

To the charge of illogicality that Richard Simpson levied against me, I simply say that I appreciate that the amendments that I lodged on the social responsibility levy overlap and, in some cases, compete. As Richard Simpson knows, when amendments are lodged in advance of stage 3 proceedings, we cannot predict which of them will be successful, so I took a belt-and-braces approach.

I apologise to Ross Finnie if I misunderstood his earlier stance. However, if we are going to define what is socially responsible, operating within the law is a pretty clear and straightforward definition. There is nothing complicated about that.

I appreciated Patrick Harvie's comments on the amendments. There is a division of opinion over whether we regard the social responsibility levy as a punishment for bad behaviour, or whether it is a blanket form of additional taxation, which it will be seen as. When I checked the briefing note from the Scottish Grocers Federation, which represents many small shopkeepers up and down the land, I was interested to note that it sees the levy as an additional burden and it is keen to support the amendments in my name. For that reason, I will press amendment 29.

Photo of Trish Godman Trish Godman Labour 4:30 pm, 10th November 2010

The question is, that amendment 29 be agreed to. Are we agreed?

Members:

No.

For:

Aitken, Bill (Glasgow) (Con)

Brocklebank, Ted (Mid Scotland and Fife) (Con)

Brown, Gavin (Lothians) (Con)

Brownlee, Derek (South of Scotland) (Con)

Carlaw, Jackson (West of Scotland) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West of Scotland) (Con)

Johnstone, Alex (North East Scotland) (Con)

Lamont, John (Roxburgh and Berwickshire) (Con)

McGrigor, Jamie (Highlands and Islands) (Con)

McLetchie, David (Edinburgh Pentlands) (Con)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, John (Ayr) (Con)

Smith, Elizabeth (Mid Scotland and Fife) (Con)

Against:

Adam, Brian (Aberdeen North) (SNP)

Alexander, Ms Wendy (Paisley North) (Lab)

Allan, Alasdair (Western Isles) (SNP)

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Boyack, Sarah (Edinburgh Central) (Lab)

Brankin, Rhona (Midlothian) (Lab)

Brown, Keith (Ochil) (SNP)

Brown, Robert (Glasgow) (LD)

Butler, Bill (Glasgow Anniesland) (Lab)

Campbell, Aileen (South of Scotland) (SNP)

Chisholm, Malcolm (Edinburgh North and Leith) (Lab)

Coffey, Willie (Kilmarnock and Loudoun) (SNP)

Constance, Angela (Livingston) (SNP)

Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perth) (SNP)

Curran, Margaret (Glasgow Baillieston) (Lab)

Don, Nigel (North East Scotland) (SNP)

Doris, Bob (Glasgow) (SNP)

Eadie, Helen (Dunfermline East) (Lab)

Ewing, Fergus (Inverness East, Nairn and Lochaber) (SNP)

Fabiani, Linda (Central Scotland) (SNP)

Ferguson, Patricia (Glasgow Maryhill) (Lab)

Finnie, Ross (West of Scotland) (LD)

FitzPatrick, Joe (Dundee West) (SNP)

Foulkes, George (Lothians) (Lab)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Highlands and Islands) (SNP)

Gillon, Karen (Clydesdale) (Lab)

Glen, Marlyn (North East Scotland) (Lab)

Gordon, Charlie (Glasgow Cathcart) (Lab)

Grahame, Christine (South of Scotland) (SNP)

Grant, Rhoda (Highlands and Islands) (Lab)

Gray, Iain (East Lothian) (Lab)

Harper, Robin (Lothians) (Green)

Harvie, Christopher (Mid Scotland and Fife) (SNP)

Harvie, Patrick (Glasgow) (Green)

Henry, Hugh (Paisley South) (Lab)

Hepburn, Jamie (Central Scotland) (SNP)

Hume, Jim (South of Scotland) (LD)

Hyslop, Fiona (Lothians) (SNP)

Ingram, Adam (South of Scotland) (SNP)

Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)

Kelly, James (Glasgow Rutherglen) (Lab)

Kerr, Andy (East Kilbride) (Lab)

Kidd, Bill (Glasgow) (SNP)

Lamont, Johann (Glasgow Pollok) (Lab)

Livingstone, Marilyn (Kirkcaldy) (Lab)

Lochhead, Richard (Moray) (SNP)

MacAskill, Kenny (Edinburgh East and Musselburgh) (SNP)

Macdonald, Lewis (Aberdeen Central) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Martin, Paul (Glasgow Springburn) (Lab)

Marwick, Tricia (Central Fife) (SNP)

Mather, Jim (Argyll and Bute) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West of Scotland) (SNP)

McArthur, Liam (Orkney) (LD)

McAveety, Mr Frank (Glasgow Shettleston) (Lab)

McCabe, Tom (Hamilton South) (Lab)

McConnell, Jack (Motherwell and Wishaw) (Lab)

McInnes, Alison (North East Scotland) (LD)

McKee, Ian (Lothians) (SNP)

McKelvie, Christina (Central Scotland) (SNP)

McLaughlin, Anne (Glasgow) (SNP)

McMahon, Michael (Hamilton North and Bellshill) (Lab)

McMillan, Stuart (West of Scotland) (SNP)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McNeill, Pauline (Glasgow Kelvin) (Lab)

McNulty, Des (Clydebank and Milngavie) (Lab)

Mulligan, Mary (Linlithgow) (Lab)

Munro, John Farquhar (Ross, Skye and Inverness West) (LD)

Murray, Elaine (Dumfries) (Lab)

Neil, Alex (Central Scotland) (SNP)

O'Donnell, Hugh (Central Scotland) (LD)

Oldfather, Irene (Cunninghame South) (Lab)

Park, John (Mid Scotland and Fife) (Lab)

Paterson, Gil (West of Scotland) (SNP)

Peacock, Peter (Highlands and Islands) (Lab)

Peattie, Cathy (Falkirk East) (Lab)

Pringle, Mike (Edinburgh South) (LD)

Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)

Robison, Shona (Dundee East) (SNP)

Rumbles, Mike (West Aberdeenshire and Kincardine) (LD)

Russell, Michael (South of Scotland) (SNP)

Salmond, Alex (Gordon) (SNP)

Scott, Tavish (Shetland) (LD)

Simpson, Dr Richard (Mid Scotland and Fife) (Lab)

Smith, Elaine (Coatbridge and Chryston) (Lab)

Smith, Iain (North East Fife) (LD)

Smith, Margaret (Edinburgh West) (LD)

Somerville, Shirley-Anne (Lothians) (SNP)

Stephen, Nicol (Aberdeen South) (LD)

Stevenson, Stewart (Banff and Buchan) (SNP)

Stewart, David (Highlands and Islands) (Lab)

Stone, Jamie (Caithness, Sutherland and Easter Ross) (LD)

Sturgeon, Nicola (Glasgow Govan) (SNP)

Swinney, John (North Tayside) (SNP)

Thompson, Dave (Highlands and Islands) (SNP)

Tolson, Jim (Dunfermline West) (LD)

Watt, Maureen (North East Scotland) (SNP)

Welsh, Andrew (Angus) (SNP)

White, Sandra (Glasgow) (SNP)

Whitefield, Karen (Airdrie and Shotts) (Lab)

Whitton, David (Strathkelvin and Bearsden) (Lab)

Wilson, Bill (West of Scotland) (SNP)

Wilson, John (Central Scotland) (SNP)

Photo of Trish Godman Trish Godman Labour

The result of the division is: For 16, Against 109, Abstentions 0.

Amendment 29 disagreed to.

Amendments 30 to 32 not moved.

Amendments 11 and 12 moved—[Nicola Sturgeon]—and agreed to.

Photo of Trish Godman Trish Godman Labour

We come to group 10. Amendment 13, in the name of the minister, is grouped with amendments 14 to 19, 21 and 22.

Photo of Nicola Sturgeon Nicola Sturgeon Scottish National Party

Amendments 15 to 19 are technical amendments that simply insert or amend definitions used in sections 10 and 11.

At stage 2, Richard Simpson moved an amendment, which the Health and Sport Committee agreed to, requiring local authorities to seek the agreement of the relevant health board in determining the expenditure that the levy could be imposed in respect of and used for. That would be the case even where the levy expenditure did not relate to health matters.

I explained then that, although I am sympathetic to greater health board involvement, the levy has to be imposed and used for local authority expenditure in order for it to be within our competence. Therefore, it does not seem reasonable that specific agreement from the health board must be sought and obtained before the local authority can spend any money from the levy.

To that end, amendment 13 seeks to remove the requirement to obtain agreement from the health board and replace it with a requirement on the local authority to consult both the relevant health board and the appropriate chief constable in determining levy expenditure. I hope that amendment 13 retains the essence of what Richard Simpson was trying to achieve at stage 2 while being more balanced and ensuring that final decisions can be taken by the local authority.

Amendment 14 will allow functions such as determining and collecting the levy to be imposed on licensing boards as well as local authorities. It is intended that local authorities and licensing boards will work closely together in implementing the levy. Amendment 14 is necessary because local authorities and licensing boards have their own identities in legislative terms.

Amendments 21 and 22 will require the Scottish ministers to consult health boards and a representative of chief constables on the levy before a draft of the levy regulations is laid before the Parliament. The amendments add to the list of those who must be consulted that is already in the bill. That is consistent with other provisions in the bill that require the involvement of health boards and chief constables.

I move amendment 13.

Photo of Richard Simpson Richard Simpson Labour

I thank the cabinet secretary for reintroducing the proposal in a more appropriate form. At stage 2, I proposed to ensure that health boards are consulted in determining for what purpose moneys that are raised through the social responsibility levy are used, so I welcome the fulfilment of the Government's undertaking to come back with an amendment that not only ensures the engagement of the health boards in the process by requiring them to be consulted but adds the chief constables—an entirely appropriate addition.

We will support all the amendments in the group, including amendment 14, which seems a reasonable amendment to tidy up the responsibility of the local authority and licensing board in the collection of the levy.

Photo of Murdo Fraser Murdo Fraser Conservative

We are happy to support amendment 13, but we have concerns about amendments 14, 21 and 22. Amendment 14 would provide licensing boards as well as local authorities with the power to impose functions such as determining, administering and collecting the social responsibility levy. We are concerned that if the levy were calculated at a local level, that could lead to inconsistent interpretation and different rates across the country. Many of those in the retail trade believe that it would be better to take a uniform approach across the country and are concerned about confusion and disruption for retailers.

Similarly, amendments 21 and 22 will add chief constables and health boards to the list of people to be consulted before regulations can be laid for the social responsibility levy. Again, there is a concern that the involvement of health boards could lead to greater inconsistency between areas. Therefore, we are concerned and will oppose the amendments.

Photo of Nicola Sturgeon Nicola Sturgeon Scottish National Party

I say to Murdo Fraser that the functions that we are seeking to extend to licensing boards already apply to local authorities; we are simply recognising the fact that local authorities and licensing boards work closely together. It would not make sense to have the functions conferred on one but not on the other. As I am the Cabinet Secretary for Health and Wellbeing, it might not surprise members to hear me say this, but I think that it is appropriate for health boards also to be consulted on such matters. They should not have the power of veto for what is a local authority levy, but they should be consulted and that is what the amendments will achieve.

Amendment 13 agreed to.

Amendment 33 moved—[Murdo Fraser].

Photo of Trish Godman Trish Godman Labour

The question is, that amendment 33 be agreed to. Are we agreed?

Members:

No.

For:

Adam, Brian (Aberdeen North) (SNP)

Aitken, Bill (Glasgow) (Con)

Allan, Alasdair (Western Isles) (SNP)

Brocklebank, Ted (Mid Scotland and Fife) (Con)

Brown, Gavin (Lothians) (Con)

Brown, Keith (Ochil) (SNP)

Brown, Robert (Glasgow) (LD)

Brownlee, Derek (South of Scotland) (Con)

Campbell, Aileen (South of Scotland) (SNP)

Carlaw, Jackson (West of Scotland) (Con)

Coffey, Willie (Kilmarnock and Loudoun) (SNP)

Constance, Angela (Livingston) (SNP)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perth) (SNP)

Don, Nigel (North East Scotland) (SNP)

Doris, Bob (Glasgow) (SNP)

Ewing, Fergus (Inverness East, Nairn and Lochaber) (SNP)

Fabiani, Linda (Central Scotland) (SNP)

Finnie, Ross (West of Scotland) (LD)

FitzPatrick, Joe (Dundee West) (SNP)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Highlands and Islands) (SNP)

Goldie, Annabel (West of Scotland) (Con)

Grahame, Christine (South of Scotland) (SNP)

Harvie, Christopher (Mid Scotland and Fife) (SNP)

Hepburn, Jamie (Central Scotland) (SNP)

Hume, Jim (South of Scotland) (LD)

Hyslop, Fiona (Lothians) (SNP)

Johnstone, Alex (North East Scotland) (Con)

Kidd, Bill (Glasgow) (SNP)

Lamont, John (Roxburgh and Berwickshire) (Con)

Lochhead, Richard (Moray) (SNP)

MacAskill, Kenny (Edinburgh East and Musselburgh) (SNP)

Marwick, Tricia (Central Fife) (SNP)

Mather, Jim (Argyll and Bute) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West of Scotland) (SNP)

McArthur, Liam (Orkney) (LD)

McGrigor, Jamie (Highlands and Islands) (Con)

McInnes, Alison (North East Scotland) (LD)

McKee, Ian (Lothians) (SNP)

McKelvie, Christina (Central Scotland) (SNP)

McLaughlin, Anne (Glasgow) (SNP)

McLetchie, David (Edinburgh Pentlands) (Con)

McMillan, Stuart (West of Scotland) (SNP)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Munro, John Farquhar (Ross, Skye and Inverness West) (LD)

Neil, Alex (Central Scotland) (SNP)

O'Donnell, Hugh (Central Scotland) (LD)

Paterson, Gil (West of Scotland) (SNP)

Pringle, Mike (Edinburgh South) (LD)

Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)

Robison, Shona (Dundee East) (SNP)

Rumbles, Mike (West Aberdeenshire and Kincardine) (LD)

Russell, Michael (South of Scotland) (SNP)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, Tavish (Shetland) (LD)

Smith, Elizabeth (Mid Scotland and Fife) (Con)

Smith, Iain (North East Fife) (LD)

Smith, Margaret (Edinburgh West) (LD)

Somerville, Shirley-Anne (Lothians) (SNP)

Stephen, Nicol (Aberdeen South) (LD)

Stevenson, Stewart (Banff and Buchan) (SNP)

Stone, Jamie (Caithness, Sutherland and Easter Ross) (LD)

Sturgeon, Nicola (Glasgow Govan) (SNP)

Swinney, John (North Tayside) (SNP)

Thompson, Dave (Highlands and Islands) (SNP)

Tolson, Jim (Dunfermline West) (LD)

Watt, Maureen (North East Scotland) (SNP)

Welsh, Andrew (Angus) (SNP)

White, Sandra (Glasgow) (SNP)

Wilson, Bill (West of Scotland) (SNP)

Wilson, John (Central Scotland) (SNP)

Against:

Alexander, Ms Wendy (Paisley North) (Lab)

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Boyack, Sarah (Edinburgh Central) (Lab)

Brankin, Rhona (Midlothian) (Lab)

Butler, Bill (Glasgow Anniesland) (Lab)

Chisholm, Malcolm (Edinburgh North and Leith) (Lab)

Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)

Curran, Margaret (Glasgow Baillieston) (Lab)

Eadie, Helen (Dunfermline East) (Lab)

Ferguson, Patricia (Glasgow Maryhill) (Lab)

Foulkes, George (Lothians) (Lab)

Gillon, Karen (Clydesdale) (Lab)

Glen, Marlyn (North East Scotland) (Lab)

Gordon, Charlie (Glasgow Cathcart) (Lab)

Grant, Rhoda (Highlands and Islands) (Lab)

Gray, Iain (East Lothian) (Lab)

Harper, Robin (Lothians) (Green)

Harvie, Patrick (Glasgow) (Green)

Henry, Hugh (Paisley South) (Lab)

Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)

Kelly, James (Glasgow Rutherglen) (Lab)

Kerr, Andy (East Kilbride) (Lab)

Lamont, Johann (Glasgow Pollok) (Lab)

Livingstone, Marilyn (Kirkcaldy) (Lab)

Macdonald, Lewis (Aberdeen Central) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Martin, Paul (Glasgow Springburn) (Lab)

McAveety, Mr Frank (Glasgow Shettleston) (Lab)

McCabe, Tom (Hamilton South) (Lab)

McConnell, Jack (Motherwell and Wishaw) (Lab)

McMahon, Michael (Hamilton North and Bellshill) (Lab)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McNeill, Pauline (Glasgow Kelvin) (Lab)

McNulty, Des (Clydebank and Milngavie) (Lab)

Mulligan, Mary (Linlithgow) (Lab)

Murray, Elaine (Dumfries) (Lab)

Oldfather, Irene (Cunninghame South) (Lab)

Park, John (Mid Scotland and Fife) (Lab)

Peacock, Peter (Highlands and Islands) (Lab)

Peattie, Cathy (Falkirk East) (Lab)

Simpson, Dr Richard (Mid Scotland and Fife) (Lab)

Smith, Elaine (Coatbridge and Chryston) (Lab)

Stewart, David (Highlands and Islands) (Lab)

Whitefield, Karen (Airdrie and Shotts) (Lab)

Whitton, David (Strathkelvin and Bearsden) (Lab)

Photo of Trish Godman Trish Godman Labour

The result of the division is: For 75, Against 47, Abstentions 0.

Amendment 33 agreed to.

Amendments 14 to 19 moved—[Nicola Sturgeon].

Photo of Trish Godman Trish Godman Labour

Does any member object to a single question being put on amendments 14 to 19?

Photo of Trish Godman Trish Godman Labour

I will put the questions on the amendments one at a time. The question is, that amendment 14 be agreed to. Are we agreed?

Members:

No.

For:

Adam, Brian (Aberdeen North) (SNP)

Alexander, Ms Wendy (Paisley North) (Lab)

Allan, Alasdair (Western Isles) (SNP)

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Boyack, Sarah (Edinburgh Central) (Lab)

Brankin, Rhona (Midlothian) (Lab)

Brown, Keith (Ochil) (SNP)

Brown, Robert (Glasgow) (LD)

Butler, Bill (Glasgow Anniesland) (Lab)

Campbell, Aileen (South of Scotland) (SNP)

Chisholm, Malcolm (Edinburgh North and Leith) (Lab)

Coffey, Willie (Kilmarnock and Loudoun) (SNP)

Constance, Angela (Livingston) (SNP)

Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perth) (SNP)

Curran, Margaret (Glasgow Baillieston) (Lab)

Don, Nigel (North East Scotland) (SNP)

Doris, Bob (Glasgow) (SNP)

Eadie, Helen (Dunfermline East) (Lab)

Ewing, Fergus (Inverness East, Nairn and Lochaber) (SNP)

Fabiani, Linda (Central Scotland) (SNP)

Ferguson, Patricia (Glasgow Maryhill) (Lab)

Finnie, Ross (West of Scotland) (LD)

FitzPatrick, Joe (Dundee West) (SNP)

Foulkes, George (Lothians) (Lab)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Highlands and Islands) (SNP)

Gillon, Karen (Clydesdale) (Lab)

Glen, Marlyn (North East Scotland) (Lab)

Gordon, Charlie (Glasgow Cathcart) (Lab)

Grahame, Christine (South of Scotland) (SNP)

Grant, Rhoda (Highlands and Islands) (Lab)

Gray, Iain (East Lothian) (Lab)

Harper, Robin (Lothians) (Green)

Harvie, Christopher (Mid Scotland and Fife) (SNP)

Harvie, Patrick (Glasgow) (Green)

Henry, Hugh (Paisley South) (Lab)

Hepburn, Jamie (Central Scotland) (SNP)

Hume, Jim (South of Scotland) (LD)

Hyslop, Fiona (Lothians) (SNP)

Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)

Kelly, James (Glasgow Rutherglen) (Lab)

Kerr, Andy (East Kilbride) (Lab)

Kidd, Bill (Glasgow) (SNP)

Lamont, Johann (Glasgow Pollok) (Lab)

Livingstone, Marilyn (Kirkcaldy) (Lab)

Lochhead, Richard (Moray) (SNP)

MacAskill, Kenny (Edinburgh East and Musselburgh) (SNP)

Macdonald, Lewis (Aberdeen Central) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Martin, Paul (Glasgow Springburn) (Lab)

Marwick, Tricia (Central Fife) (SNP)

Mather, Jim (Argyll and Bute) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West of Scotland) (SNP)

McArthur, Liam (Orkney) (LD)

McAveety, Mr Frank (Glasgow Shettleston) (Lab)

McCabe, Tom (Hamilton South) (Lab)

McConnell, Jack (Motherwell and Wishaw) (Lab)

McInnes, Alison (North East Scotland) (LD)

McKee, Ian (Lothians) (SNP)

McKelvie, Christina (Central Scotland) (SNP)

McLaughlin, Anne (Glasgow) (SNP)

McMahon, Michael (Hamilton North and Bellshill) (Lab)

McMillan, Stuart (West of Scotland) (SNP)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McNeill, Pauline (Glasgow Kelvin) (Lab)

McNulty, Des (Clydebank and Milngavie) (Lab)

Mulligan, Mary (Linlithgow) (Lab)

Munro, John Farquhar (Ross, Skye and Inverness West) (LD)

Murray, Elaine (Dumfries) (Lab)

Neil, Alex (Central Scotland) (SNP)

O'Donnell, Hugh (Central Scotland) (LD)

Oldfather, Irene (Cunninghame South) (Lab)

Park, John (Mid Scotland and Fife) (Lab)

Paterson, Gil (West of Scotland) (SNP)

Peacock, Peter (Highlands and Islands) (Lab)

Peattie, Cathy (Falkirk East) (Lab)

Pringle, Mike (Edinburgh South) (LD)

Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)

Robison, Shona (Dundee East) (SNP)

Rumbles, Mike (West Aberdeenshire and Kincardine) (LD)

Russell, Michael (South of Scotland) (SNP)

Scott, Tavish (Shetland) (LD)

Simpson, Dr Richard (Mid Scotland and Fife) (Lab)

Smith, Elaine (Coatbridge and Chryston) (Lab)

Smith, Iain (North East Fife) (LD)

Smith, Margaret (Edinburgh West) (LD)

Somerville, Shirley-Anne (Lothians) (SNP)

Stephen, Nicol (Aberdeen South) (LD)

Stevenson, Stewart (Banff and Buchan) (SNP)

Stewart, David (Highlands and Islands) (Lab)

Stone, Jamie (Caithness, Sutherland and Easter Ross) (LD)

Sturgeon, Nicola (Glasgow Govan) (SNP)

Swinney, John (North Tayside) (SNP)

Thompson, Dave (Highlands and Islands) (SNP)

Tolson, Jim (Dunfermline West) (LD)

Watt, Maureen (North East Scotland) (SNP)

Welsh, Andrew (Angus) (SNP)

White, Sandra (Glasgow) (SNP)

Whitefield, Karen (Airdrie and Shotts) (Lab)

Whitton, David (Strathkelvin and Bearsden) (Lab)

Wilson, Bill (West of Scotland) (SNP)

Wilson, John (Central Scotland) (SNP)

Against:

Aitken, Bill (Glasgow) (Con)

Brocklebank, Ted (Mid Scotland and Fife) (Con)

Brown, Gavin (Lothians) (Con)

Brownlee, Derek (South of Scotland) (Con)

Carlaw, Jackson (West of Scotland) (Con)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Goldie, Annabel (West of Scotland) (Con)

Johnstone, Alex (North East Scotland) (Con)

Lamont, John (Roxburgh and Berwickshire) (Con)

McGrigor, Jamie (Highlands and Islands) (Con)

McLetchie, David (Edinburgh Pentlands) (Con)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, John (Ayr) (Con)

Smith, Elizabeth (Mid Scotland and Fife) (Con)

Photo of Trish Godman Trish Godman Labour

The result of the division is: For 107, Against 16, Abstentions 0.

Amendment 14 agreed to.

Amendments 15 to 19 agreed to.

Amendment 34 moved—[Ross Finnie].

Photo of Trish Godman Trish Godman Labour

The question is, that amendment 34 be agreed to. Are we agreed?

Members:

No.

For:

Brown, Robert (Glasgow) (LD)

Finnie, Ross (West of Scotland) (LD)

Hume, Jim (South of Scotland) (LD)

McArthur, Liam (Orkney) (LD)

McInnes, Alison (North East Scotland) (LD)

Munro, John Farquhar (Ross, Skye and Inverness West) (LD)

O'Donnell, Hugh (Central Scotland) (LD)

Pringle, Mike (Edinburgh South) (LD)

Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)

Rumbles, Mike (West Aberdeenshire and Kincardine) (LD)

Scott, Tavish (Shetland) (LD)

Smith, Iain (North East Fife) (LD)

Smith, Margaret (Edinburgh West) (LD)

Stephen, Nicol (Aberdeen South) (LD)

Stone, Jamie (Caithness, Sutherland and Easter Ross) (LD)

Tolson, Jim (Dunfermline West) (LD)

Against:

Adam, Brian (Aberdeen North) (SNP)

Aitken, Bill (Glasgow) (Con)

Alexander, Ms Wendy (Paisley North) (Lab)

Allan, Alasdair (Western Isles) (SNP)

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Boyack, Sarah (Edinburgh Central) (Lab)

Brankin, Rhona (Midlothian) (Lab)

Brocklebank, Ted (Mid Scotland and Fife) (Con)

Brown, Gavin (Lothians) (Con)

Brown, Keith (Ochil) (SNP)

Brownlee, Derek (South of Scotland) (Con)

Butler, Bill (Glasgow Anniesland) (Lab)

Campbell, Aileen (South of Scotland) (SNP)

Carlaw, Jackson (West of Scotland) (Con)

Chisholm, Malcolm (Edinburgh North and Leith) (Lab)

Coffey, Willie (Kilmarnock and Loudoun) (SNP)

Constance, Angela (Livingston) (SNP)

Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perth) (SNP)

Curran, Margaret (Glasgow Baillieston) (Lab)

Don, Nigel (North East Scotland) (SNP)

Doris, Bob (Glasgow) (SNP)

Eadie, Helen (Dunfermline East) (Lab)

Ewing, Fergus (Inverness East, Nairn and Lochaber) (SNP)

Fabiani, Linda (Central Scotland) (SNP)

Ferguson, Patricia (Glasgow Maryhill) (Lab)

FitzPatrick, Joe (Dundee West) (SNP)

Foulkes, George (Lothians) (Lab)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Highlands and Islands) (SNP)

Gillon, Karen (Clydesdale) (Lab)

Glen, Marlyn (North East Scotland) (Lab)

Goldie, Annabel (West of Scotland) (Con)

Gordon, Charlie (Glasgow Cathcart) (Lab)

Grahame, Christine (South of Scotland) (SNP)

Grant, Rhoda (Highlands and Islands) (Lab)

Gray, Iain (East Lothian) (Lab)

Harper, Robin (Lothians) (Green)

Harvie, Christopher (Mid Scotland and Fife) (SNP)

Harvie, Patrick (Glasgow) (Green)

Henry, Hugh (Paisley South) (Lab)

Hepburn, Jamie (Central Scotland) (SNP)

Hyslop, Fiona (Lothians) (SNP)

Ingram, Adam (South of Scotland) (SNP)

Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Glasgow Rutherglen) (Lab)

Kerr, Andy (East Kilbride) (Lab)

Kidd, Bill (Glasgow) (SNP)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Roxburgh and Berwickshire) (Con)

Livingstone, Marilyn (Kirkcaldy) (Lab)

Lochhead, Richard (Moray) (SNP)

MacAskill, Kenny (Edinburgh East and Musselburgh) (SNP)

Macdonald, Lewis (Aberdeen Central) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Martin, Paul (Glasgow Springburn) (Lab)

Marwick, Tricia (Central Fife) (SNP)

Mather, Jim (Argyll and Bute) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West of Scotland) (SNP)

McAveety, Mr Frank (Glasgow Shettleston) (Lab)

McCabe, Tom (Hamilton South) (Lab)

McConnell, Jack (Motherwell and Wishaw) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McKee, Ian (Lothians) (SNP)

McKelvie, Christina (Central Scotland) (SNP)

McLaughlin, Anne (Glasgow) (SNP)

McLetchie, David (Edinburgh Pentlands) (Con)

McMahon, Michael (Hamilton North and Bellshill) (Lab)

McMillan, Stuart (West of Scotland) (SNP)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McNeill, Pauline (Glasgow Kelvin) (Lab)

McNulty, Des (Clydebank and Milngavie) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Mulligan, Mary (Linlithgow) (Lab)

Murray, Elaine (Dumfries) (Lab)

Neil, Alex (Central Scotland) (SNP)

Oldfather, Irene (Cunninghame South) (Lab)

Park, John (Mid Scotland and Fife) (Lab)

Paterson, Gil (West of Scotland) (SNP)

Peacock, Peter (Highlands and Islands) (Lab)

Peattie, Cathy (Falkirk East) (Lab)

Robison, Shona (Dundee East) (SNP)

Russell, Michael (South of Scotland) (SNP)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, John (Ayr) (Con)

Simpson, Dr Richard (Mid Scotland and Fife) (Lab)

Smith, Elaine (Coatbridge and Chryston) (Lab)

Smith, Elizabeth (Mid Scotland and Fife) (Con)

Somerville, Shirley-Anne (Lothians) (SNP)

Stevenson, Stewart (Banff and Buchan) (SNP)

Stewart, David (Highlands and Islands) (Lab)

Sturgeon, Nicola (Glasgow Govan) (SNP)

Swinney, John (North Tayside) (SNP)

Thompson, Dave (Highlands and Islands) (SNP)

Watt, Maureen (North East Scotland) (SNP)

Welsh, Andrew (Angus) (SNP)

White, Sandra (Glasgow) (SNP)

Whitefield, Karen (Airdrie and Shotts) (Lab)

Whitton, David (Strathkelvin and Bearsden) (Lab)

Wilson, Bill (West of Scotland) (SNP)

Wilson, John (Central Scotland) (SNP)

Photo of Trish Godman Trish Godman Labour

The result of the division is: For 16, Against 108, Abstentions 0.

Amendment 34 disagreed to.

Amendment 35 moved—[Ross Finnie].

Photo of Trish Godman Trish Godman Labour

The question is, that amendment 35 be agreed to. Are we agreed?

Members:

No.

For:

Brown, Robert (Glasgow) (LD)

Finnie, Ross (West of Scotland) (LD)

Hume, Jim (South of Scotland) (LD)

McArthur, Liam (Orkney) (LD)

McInnes, Alison (North East Scotland) (LD)

Munro, John Farquhar (Ross, Skye and Inverness West) (LD)

O'Donnell, Hugh (Central Scotland) (LD)

Pringle, Mike (Edinburgh South) (LD)

Purvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)

Rumbles, Mike (West Aberdeenshire and Kincardine) (LD)

Scott, Tavish (Shetland) (LD)

Smith, Iain (North East Fife) (LD)

Smith, Margaret (Edinburgh West) (LD)

Stephen, Nicol (Aberdeen South) (LD)

Stone, Jamie (Caithness, Sutherland and Easter Ross) (LD)

Tolson, Jim (Dunfermline West) (LD)

Against:

Adam, Brian (Aberdeen North) (SNP)

Aitken, Bill (Glasgow) (Con)

Alexander, Ms Wendy (Paisley North) (Lab)

Allan, Alasdair (Western Isles) (SNP)

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Baker, Richard (North East Scotland) (Lab)

Boyack, Sarah (Edinburgh Central) (Lab)

Brankin, Rhona (Midlothian) (Lab)

Brocklebank, Ted (Mid Scotland and Fife) (Con)

Brown, Gavin (Lothians) (Con)

Brown, Keith (Ochil) (SNP)

Brownlee, Derek (South of Scotland) (Con)

Butler, Bill (Glasgow Anniesland) (Lab)

Campbell, Aileen (South of Scotland) (SNP)

Carlaw, Jackson (West of Scotland) (Con)

Chisholm, Malcolm (Edinburgh North and Leith) (Lab)

Coffey, Willie (Kilmarnock and Loudoun) (SNP)

Constance, Angela (Livingston) (SNP)

Craigie, Cathie (Cumbernauld and Kilsyth) (Lab)

Crawford, Bruce (Stirling) (SNP)

Cunningham, Roseanna (Perth) (SNP)

Curran, Margaret (Glasgow Baillieston) (Lab)

Don, Nigel (North East Scotland) (SNP)

Doris, Bob (Glasgow) (SNP)

Eadie, Helen (Dunfermline East) (Lab)

Ewing, Fergus (Inverness East, Nairn and Lochaber) (SNP)

Fabiani, Linda (Central Scotland) (SNP)

Ferguson, Patricia (Glasgow Maryhill) (Lab)

FitzPatrick, Joe (Dundee West) (SNP)

Foulkes, George (Lothians) (Lab)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Gibson, Kenneth (Cunninghame North) (SNP)

Gibson, Rob (Highlands and Islands) (SNP)

Gillon, Karen (Clydesdale) (Lab)

Glen, Marlyn (North East Scotland) (Lab)

Goldie, Annabel (West of Scotland) (Con)

Gordon, Charlie (Glasgow Cathcart) (Lab)

Grahame, Christine (South of Scotland) (SNP)

Grant, Rhoda (Highlands and Islands) (Lab)

Gray, Iain (East Lothian) (Lab)

Harper, Robin (Lothians) (Green)

Harvie, Christopher (Mid Scotland and Fife) (SNP)

Harvie, Patrick (Glasgow) (Green)

Henry, Hugh (Paisley South) (Lab)

Hepburn, Jamie (Central Scotland) (SNP)

Hyslop, Fiona (Lothians) (SNP)

Ingram, Adam (South of Scotland) (SNP)

Jamieson, Cathy (Carrick, Cumnock and Doon Valley) (Lab)

Johnstone, Alex (North East Scotland) (Con)

Kelly, James (Glasgow Rutherglen) (Lab)

Kerr, Andy (East Kilbride) (Lab)

Kidd, Bill (Glasgow) (SNP)

Lamont, Johann (Glasgow Pollok) (Lab)

Lamont, John (Roxburgh and Berwickshire) (Con)

Livingstone, Marilyn (Kirkcaldy) (Lab)

Lochhead, Richard (Moray) (SNP)

MacAskill, Kenny (Edinburgh East and Musselburgh) (SNP)

Macdonald, Lewis (Aberdeen Central) (Lab)

Macintosh, Ken (Eastwood) (Lab)

Martin, Paul (Glasgow Springburn) (Lab)

Marwick, Tricia (Central Fife) (SNP)

Mather, Jim (Argyll and Bute) (SNP)

Matheson, Michael (Falkirk West) (SNP)

Maxwell, Stewart (West of Scotland) (SNP)

McAveety, Mr Frank (Glasgow Shettleston) (Lab)

McCabe, Tom (Hamilton South) (Lab)

McConnell, Jack (Motherwell and Wishaw) (Lab)

McGrigor, Jamie (Highlands and Islands) (Con)

McKee, Ian (Lothians) (SNP)

McKelvie, Christina (Central Scotland) (SNP)

McLaughlin, Anne (Glasgow) (SNP)

McLetchie, David (Edinburgh Pentlands) (Con)

McMahon, Michael (Hamilton North and Bellshill) (Lab)

McMillan, Stuart (West of Scotland) (SNP)

McNeil, Duncan (Greenock and Inverclyde) (Lab)

McNeill, Pauline (Glasgow Kelvin) (Lab)

McNulty, Des (Clydebank and Milngavie) (Lab)

Milne, Nanette (North East Scotland) (Con)

Mitchell, Margaret (Central Scotland) (Con)

Mulligan, Mary (Linlithgow) (Lab)

Murray, Elaine (Dumfries) (Lab)

Neil, Alex (Central Scotland) (SNP)

Oldfather, Irene (Cunninghame South) (Lab)

Park, John (Mid Scotland and Fife) (Lab)

Paterson, Gil (West of Scotland) (SNP)

Peacock, Peter (Highlands and Islands) (Lab)

Peattie, Cathy (Falkirk East) (Lab)

Robison, Shona (Dundee East) (SNP)

Russell, Michael (South of Scotland) (SNP)

Scanlon, Mary (Highlands and Islands) (Con)

Scott, John (Ayr) (Con)

Simpson, Dr Richard (Mid Scotland and Fife) (Lab)

Smith, Elaine (Coatbridge and Chryston) (Lab)

Smith, Elizabeth (Mid Scotland and Fife) (Con)

Somerville, Shirley-Anne (Lothians) (SNP)

Stevenson, Stewart (Banff and Buchan) (SNP)

Stewart, David (Highlands and Islands) (Lab)

Sturgeon, Nicola (Glasgow Govan) (SNP)

Swinney, John (North Tayside) (SNP)

Thompson, Dave (Highlands and Islands) (SNP)

Watt, Maureen (North East Scotland) (SNP)

Welsh, Andrew (Angus) (SNP)

White, Sandra (Glasgow) (SNP)

Whitefield, Karen (Airdrie and Shotts) (Lab)

Whitton, David (Strathkelvin and Bearsden) (Lab)

Wilson, Bill (West of Scotland) (SNP)

Wilson, John (Central Scotland) (SNP)

Photo of Trish Godman Trish Godman Labour

The result of the division is: For 16, Against 108, Abstentions 0.

Amendment 35 disagreed to.

Amendments 36 to 38 not moved.