Decision Time

– in the Scottish Parliament on 4th November 2020.

Alert me about debates like this

Photo of Andy Wightman Andy Wightman Green

On a point of order, Presiding Officer. It has come to my attention that an email has been circulated to members saying that there is an updated BlueJeans link. The email was sent at 17:04, for decision time at 17:10. I am sure that you are aware of that, but it occurs to me that, given that members have to be on BlueJeans to be present and that the votes will be tight, there might be some difficulties this evening.

The Presiding Officer:

I could be wrong, but I am pretty sure that that particular invitation is the online equivalent of the bell that we ring to summon members to the chamber. In other words, members who are working remotely will have been invited on to the BlueJeans platform much earlier in the day and will have had the opportunity to join. That particular email goes out as a reminder to give them a final chance to join.

Photo of Andy Wightman Andy Wightman Green

The email is headed, in red bold,

“Apologies, please note the updated BlueJeans link, which is now below.”

That rather suggests to me that there may be some issues in terms of timing.

The Presiding Officer:

I will just take some advice on that.

I thank Mr Wightman for illuminating the chamber and me on the nature of the email link. Previously, the wrong connection was provided. Sixty members have now joined us on BlueJeans using the new link, so we hope that it is working. However, we will take some extra time, if necessary, to ensure that all members are on board. We will check, as we always do, who is missing and who is not.

The first question is, that amendment S5M-23218.2, in the name of John Swinney, which seeks to amend motion S5M-23218, in the name of Murdo Fraser, on the Scottish Government’s handling of harassment complaints, be agreed to. Are we agreed?

Members:

No.

The Presiding Officer:

There will be a division. Because we need to allow everybody to access the voting app, I suspend the meeting temporarily to allow people to open it.

17:15 Meeting suspended.

17:22 On resuming—

We move to the division on amendment S5M-23218.2, which will be a one-minute division.

The vote is closed. I urge any member who was unable to exercise their vote, or who thinks that there was an issue, to let me know.

Photo of Keith Brown Keith Brown Scottish National Party

On a point of order, Presiding Officer. I was unable to connect and I would have noted yes.

The Presiding Officer:

I will ensure that your vote is added to the roll.

Photo of Richard Leonard Richard Leonard Labour

On a point of order, Presiding Officer. I was not able to vote online and I would have voted no.

The Presiding Officer:

I will instruct the clerks to add your vote to the roll. You voted no.

Division number 1 Decision Time

Aye: 55 MSPs

No: 63 MSPs

Ayes: A-Z by last name

Nos: A-Z by last name

Abstained: 4 MSPs

Abstaineds: A-Z by last name

The Presiding Officer:

The result of the division is: For 55, Against 63, Abstentions 4.

Amendment disagreed to.

The next question is, that motion S5M-23218, in the name of Murdo Fraser, on the Scottish Government handling of harassment complaints, be agreed to. Are we agreed?

Members:

No.

The Presiding Officer:

There will be a division.

The vote is now closed. If any member had any issues, they should please let me know by making a point of order online or in the chamber.

Division number 2 Decision Time

Aye: 63 MSPs

No: 54 MSPs

Ayes: A-Z by last name

Nos: A-Z by last name

Abstained: 5 MSPs

Abstaineds: A-Z by last name

The Presiding Officer:

The result of the division is: For 63, Against 54, Abstentions 5.

Motion agreed to,

That the Parliament calls on the Scottish Government to publish all the legal advice it received regarding the judicial review into the investigation of the alleged behaviour of the former First Minister, Alex Salmond.

I remind members that if the amendment in the name of Jeane Freeman is agreed to, the amendment in the name of Monica Lennon will fall. The question is, that amendment S5M-23226.2, in the name of Jeane Freeman, which seeks to amend motion S5M-23226, in the name of Donald Cameron, on care homes, be agreed to. Are we agreed?

Members:

No.

The Presiding Officer:

There will be a division.

That vote is closed. If members had any issues or did not think that their vote was recorded, they should please let me know.

Photo of Jackie Baillie Jackie Baillie Labour

On a point of order, Presiding Officer. My vote was not recorded and I would have voted no.

The Presiding Officer:

I will make sure that your vote is added to the register.

Photo of Kevin Stewart Kevin Stewart Scottish National Party

On a point of order, Presiding Officer. My phone went a bit weird at the end there and I would have voted yes.

The Presiding Officer:

I can assure you that your vote was recorded, Mr Stewart.

Photo of Daniel Johnson Daniel Johnson Labour

On a point of order, Presiding Officer, I fear there is something of a Bermuda triangle of wi-fi here. My phone went funny, too. I would have voted no.

The Presiding Officer:

I assure Mr Johnson that his vote is also recorded.

Photo of Bob Doris Bob Doris Scottish National Party

On a point of order, Presiding Officer. I am afraid that we have a rhombus rather than a triangle now. My connection was lost moments before the vote was concluded, and I am unaware whether it has been counted. I would have voted yes.

The Presiding Officer:

Your vote was recorded, too. Thank you very much, Mr Doris.

Photo of Ruth Davidson Ruth Davidson Conservative

On a point of order, Presiding Officer, my phone is frozen. I would have voted no.

The Presiding Officer:

Thank you for the notification, Ms Davidson. However, I can assure you that your vote was recorded.

Division number 3 Decision Time

Aye: 60 MSPs

No: 62 MSPs

Ayes: A-Z by last name

Nos: A-Z by last name

The Presiding Officer:

The result of the division is: For 60, Against 62, Abstentions 0.

Amendment disagreed to.

The next question is, that amendment S5M-23226.1, in the name of Monica Lennon, which seeks to amend motion S5M-23226, in the name of Donald Cameron, on care homes, be agreed to.

Amendment agreed to.

The next question is, that motion S5M-23226, in the name of Donald Cameron, on care homes, as amended, be agreed to. Are we agreed?

Members:

No.

The Presiding Officer:

There will be a division.

That vote is closed. If members had any issues or did not think that their vote was recorded, they should please let me know.

Photo of Joe FitzPatrick Joe FitzPatrick Scottish National Party

On a point of order, Presiding Officer. My phone did not refresh. I would have abstained.

The Presiding Officer:

Thank you, Mr FitzPatrick. That will be noted and added to the roll.

Photo of Ivan McKee Ivan McKee Scottish National Party

On a point of order, Presiding Officer. My screen did not refresh. I, too, would have abstained.

The Presiding Officer:

Thank you, Mr McKee. That will be added to the roll, as well.

Photo of Alasdair Allan Alasdair Allan Scottish National Party

On a point of order, Presiding Officer. The connection did not work on my phone. I would have abstained.

The Presiding Officer:

Thank you, Mr Allan. That is noted, and that will be added to the roll.

Photo of Humza Yousaf Humza Yousaf Scottish National Party

On a point of order, Presiding Officer. I had connection issues. I would have abstained.

The Presiding Officer:

Thank you very much. That will be added to the roll.

Photo of Joan McAlpine Joan McAlpine Scottish National Party

On a point of order. My phone froze, too. I would have abstained.

The Presiding Officer:

Thank you very much. I will make sure that the clerks register your abstention on the roll.

I believe that Aileen Campbell wants to make a point of order, but I can tell her that her vote was registered.

Photo of Aileen Campbell Aileen Campbell Scottish National Party

Okay. My connection dropped, as well. I would have abstained, but it is reassuring if my vote has been registered.

The Presiding Officer:

I can offer you the reassurance that it has been. I can also reassure Beatrice Wishart that her vote was registered.

There have been no references to the Supreme Court, so I think that we are okay.

Division number 4 Decision Time

Aye: 64 MSPs

No: 1 MSP

Ayes: A-Z by last name

Nos: A-Z by last name

Abstained: 57 MSPs

Abstaineds: A-Z by last name

The Presiding Officer:

The result of the division is: For 64, Against 1, Abstentions 57.

Motion, as amended, agreed to,

That the Parliament notes the publication of Public Health Scotland report,

Discharges from NHSScotland Hospitals to Care Homes between 1 March and 31 May 2020

; further notes with serious concern the report’s analysis of the transfer of COVID-19 positive patients from hospital to care homes during this time; recognises the risk that this might have posed for vulnerable and older care home residents, and calls on the Scottish Government to hold an immediate public inquiry to find out what happened in Scotland’s care homes during the course of the pandemic, which resulted in the deaths of more than 2,000 residents; believes that such an inquiry should take a human rights approach and consider the role of Scottish Government guidance in relation to COVID-19 outbreaks in care homes, and calls on the Scottish Government to commence cross-party talks on the inquiry remit, in the interests of transparency and public safety.

I propose to ask a single question on the four Parliamentary Bureau motions. Does any member object?

Members:

No.

The Presiding Officer:

The question is, that motions S5M-23237 to S5M-23240, in the name of Graeme Dey, on behalf of the Parliamentary Bureau, be agreed to.

Motions agreed to,

That the Parliament agrees under Rule 9.7.1(b) that stage 2 of the UK Withdrawal from the European Union (Continuity) (Scotland) Bill be taken as follows—

(a) the Finance and Constitution Committee to consider (in the order set out by, or by virtue of, Rules 9.7.4 and 9.10.8)—

(i) Parts 1 and 3 and the long title,

(ii) any amendments to provisions in Parts 1 and 3 and the long title, (other than amendments to provisions in Part 3 and the long title specifically on matters relating to the environment), and

(iii) any other amendments that relate primarily to alignment with EU law (other than amendments specifically on matters relating to the environment), and

(b) the Environment, Climate Change and Land Reform Committee to consider (in the order set out by, or by virtue of, Rules 9.7.4 and 9.10.8)—

(i) Part 2,

(ii) any amendments to provisions in Part 2, other than those to be considered by the Finance and Constitution Committee by virtue of paragraph (a)(iii), and

(iii) any other amendments specifically on matter relating to the environment.

That the Parliament agrees that the Children’s Hearings (Scotland) Act 2011 (Children’s Advocacy Services) Regulations 2020 [draft] be approved.

That the Parliament agrees that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 17) Regulations 2020 (SSI 2020/307) be approved.

That the Parliament agrees that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 18) Regulations 2020 (SSI 2020/326) be approved.

Photo of John Swinney John Swinney Scottish National Party

In light of the vote on the Conservative motion on the Scottish Government’s handling of harassment complaints, I confirm that ministers always seek to respect the decisions that are taken by the Parliament. I will now consider the implications of the motion with my ministerial colleagues, consistent with our obligation in the ministerial code. I will advise the Parliament accordingly of our response.

The Presiding Officer:

Thank you very much. I hope that that will have pre-empted any other points of order.

Photo of Neil Findlay Neil Findlay Labour

On a point of order, Presiding Officer. I thank the Deputy First Minister for that statement. We have not had a similar statement from the Cabinet Secretary for Health and Sport. Has she intimated that she will make a similar statement?

The Presiding Officer:

That is not a point of order for me. However, I can assure the member that the Government will be aware of the decision that the Parliament has taken. There is an expectation that the Government will respond appropriately and in a reasonable time.

That concludes decision time. We will shortly move on to a members’ business debate in the name of Angela Constance. I encourage members to observe social distancing while leaving the chamber and to wear masks.