Decision Time

– in the Scottish Parliament on 25th November 2020.

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Photo of Kenneth Macintosh Kenneth Macintosh Labour

The first question is, that amendment S5M-23450.2, in the name of Humza Yousaf, which seeks to amend motion S5M-23450, in the name of Liam Kerr, on the independent review of complaints handling, investigations and misconduct issues in relation to policing, be agreed to. Are we all agreed?

The Presiding Officer:

There will be a division. I will suspend proceedings for a few moments to allow members both in the chamber and online to access the voting app.

17:46 Meeting suspended.

17:50 On resuming—

Photo of Kenneth Macintosh Kenneth Macintosh Labour

Members may cast their votes now. This is a one-minute division.

That vote is closed. If any members believe that they were not able to register their vote, they should let me know through a point of order, please, either in the chamber or online.

Division number 1 Decision Time

Aye: 65 MSPs

No: 59 MSPs

Ayes: A-Z by last name

Nos: A-Z by last name

The Presiding Officer:

The result of the division is: For 65, Against 59, Abstentions 0.

Amendment agreed to.

The next question is, that amendment S5M-23450.1, in the name of Rhoda Grant, which seeks to amend motion S5M-23450, in the name of Liam Kerr, on the independent review of complaints handling, investigations and misconduct issues in relation to policing, be agreed to.

Amendment agreed to.

The next question is, that motion S5M-23450, in the name of Liam Kerr, as amended, be agreed to.

Motion, as amended, agreed to,

That the Parliament notes the report of the Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing, produced by Dame Elish Angiolini QC and submitted to Scottish Ministers on 11 November 2020; welcomes the review as a detailed and substantial piece of work with over 80 recommendations in total that will require careful consideration from the Scottish Government, Scottish Police Authority, Police Scotland, the Police Investigations and Review Commissioner (PIRC), police staff associations and trade unions, and the Crown Office and Procurator Fiscal Service; recognises the significant public interest that there is in having a rights-based approach to the issue of the handling of police complaints; notes that Dame Elish Angiolini will give evidence to the Justice Sub Committee on Policing on 7 December 2020; further notes a number of recommendations would require legislative change; acknowledges the Chief Constable's membership of the National Police Chiefs' Council, which provides an opportunity, where appropriate, to share best practice across the UK; calls on the Scottish Government and other key stakeholders to meet as a matter of urgency to consider the implementation of recommendations; notes the recommendations for wide-ranging changes to the role, responsibilities and structure of the PIRC, which will require public consultation involving police staff associations and trade unions; urges the Cabinet Secretary for Justice to update the Parliament on discussions with key stakeholders and his response to the report early in the New Year; notes with concern the findings in the report that there has been discriminatory treatment towards individuals and staff from minority groups, including Black, Asian and minority ethnic people, women and LGBTI people; agrees that Police Scotland should have a workforce that is reflective and representative of the communities that it serves; believes that the policies, procedures and practices of Police Scotland should promote and not hinder equalities issues, including a complaints procedure that is trusted by officers when they seek to raise equalities issues, and therefore calls for an independent review of equalities matters across the force, as recommended in the report.

The next question is, that amendment S5M-23445.2, in the name of John Swinney, which seeks to amend motion S5M-23445, in the name of Murdo Fraser, on legal advice, be agreed to. Are we agreed?

There will be a division. This will be a one-minute division.

The vote is closed. If any member believes that their vote was not registered, please let me know through a point of order.

Photo of Kevin Stewart Kevin Stewart Scottish National Party

Presiding Officer, my screen has gone completely blank, so my vote might not have been recorded.

The Presiding Officer:

I can confirm that your vote was registered, Mr Stewart.

The Presiding Officer:

Mr Macpherson, I can confirm that your vote was registered.

Division number 2 Decision Time

Aye: 58 MSPs

No: 65 MSPs

Ayes: A-Z by last name

Nos: A-Z by last name

Abstained: 1 MSP

Abstaineds: A-Z by last name

The Presiding Officer:

The result of the division is: For 58, Against 65, Abstentions 1.

Amendment disagreed to.

The next question is, that motion S5M-23445, in the name of Murdo Fraser, on legal advice, be agreed to. Are we agreed?

There will be a division. This will be a one-minute division.

The vote is closed. If any member thinks that their vote was not registered, please let me know, through a point of order.

Photo of Bob Doris Bob Doris Scottish National Party

Presiding Officer, my connection was lost during the vote. I would have voted no—that is, against the motion.

The Presiding Officer:

Thank you, Mr Doris, I will make sure that your vote is added to the roll.

Division number 3 Decision Time

Aye: 65 MSPs

No: 55 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 65, Against 55, Abstentions 4.

Motion agreed to,

That the Parliament recalls the vote on motion S5M-23218 on 4 November 2020, in which it called on the Scottish Government to publish the legal advice it received regarding the judicial review into the handling of harassment complaints against the former First Minister, Alex Salmond; notes that the legal advice sought has not yet been published, despite the Committee on the Scottish Government Handling of Harassment Complaints requesting this by 13 November 2020, and calls on the Scottish Government to respect the will of the Parliament by providing the legal advice without any further delay.

I propose to ask a single question on the 11 Parliamentary Bureau motions, if no member objects.

The question is, that motions S5M-23471 to S5M-23480 and motion S5M-23486, in the name of Graeme Dey, be agreed to.

Motions agreed to,

That, subject to the Parliament’s agreement to the general principles of the Scottish General Election (Coronavirus) Bill, the Parliament agrees for the purposes of further consideration of the Bill that:

Rules 9.5.3A and 9.5.3B be suspended;

Rules 9.7.8A, 9.7.8B and 9.7.9 be suspended;

Rule 9.10.2 be varied to replace the word “fourth” with “third”, so that the deadline for lodging stage 2 amendments will be the third sitting day in advance of proceedings, and

Rule 9.10.2A be varied to replace the word “fifth” with “second”, so that the deadline for lodging stage 3 amendments will be the second sitting day in advance of proceedings.

That the Parliament agrees that, under Rule 12.3.3B of Standing Orders, the Rural Economy and Connectivity Committee can meet, if necessary, at the same time as a meeting of the Parliament during 2pm to 4.30pm on 2 December 2020 for the purpose of considering and agreeing its report on its inquiry into the construction and procurement of ferry vessels in Scotland.

That the Parliament agrees that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 21) Regulations 2020 (SSI 2020/354) be approved.

That the Parliament agrees that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 22) Regulations 2020 (SSI 2020/358) be approved.

That the Parliament agrees that the Scottish National Investment Bank p.l.c. (Miscellaneous Listings) Order 2020 [draft] be approved.

That the Parliament agrees that the Scottish National Investment Bank p.l.c. and South of Scotland Enterprise (Miscellaneous Listings) Regulations 2020 [draft] be approved.

That the Parliament agrees that the Companies Act 2006 (Scottish public sector companies to be audited by the Auditor General for Scotland) Order 2020 [draft] be approved.

That the Parliament agrees that the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (SSI 2020/344) be approved.

That the Parliament agrees that the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment Regulations 2020 (SSI 2020/347) be approved.

That the Parliament agrees that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 20) Regulations 2020 (SSI 2020/343) be approved.

That the Parliament agrees that, under Rule 12.3.3B of Standing Orders, the Committee on the Scottish Government Handling of Harassment Complaints can meet, if necessary, at the same time as a meeting of the Parliament from 3.30pm until Decision Time on Wednesday 2 December 2020 for the purpose of taking evidence from Scottish Government officials.

That concludes decision time.

18:00 Members’ business will be published tomorrow, 26 November 2020, as soon as the text is available.