Kenneth Macintosh
Labour
The first question is on the Domestic Abuse (Protection) (Scotland) Bill but, before I put the question, rather than suspend proceedings I ask members to refresh their voting apps. I will allow a few moments for everyone to do so and for those who were not here earlier to enter today’s PIN.
The question is, that motion S5M-24381, in the name of Ash Denham, on the Domestic Abuse (Protection) (Scotland) Bill, be agreed to. There will be a one-minute Division.
The vote is now closed. Please let me know if you were not able to vote.
Division number 2
Decision Time
The Presiding Officer:
The result of the Division on motion S5M-24381, in the name of Ash Denham, is: For 118, Against 0, Abstentions 0.
Motion agreed to,
That the Parliament agrees that the Domestic Abuse (Protection) (Scotland) Bill be passed.
The Domestic Abuse (Protection) (Scotland) Bill is therefore passed. [
Applause
.]
The next question is, that motion S5M-24383, in the name of Roseanna Cunningham, on the reappointment of Scottish land commissioners, be agreed to.
Motion agreed to,
That the Parliament notes the Environment, Climate Change and Land Reform Committee's 3rd Report 2021 (Session 5),
Scottish Land Commission — Reappointment of Commissioners
(SP Paper 936); welcomes the committee’s recommendation that the Parliament approves the reappointment of Professor David Adams and Ms Megan MacInnes as Commissioners to the Scottish Land Commission for an additional three-year term, and approves the reappointments as required by Section 10 of the Land Reform (Scotland) Act 2016.
The next question is, that motion S5M-24366, in the name of Bill Kidd, on urgent Scottish Parliamentary Corporate Body questions, be agreed to.
Motion agreed to,
That the Parliament notes the Standards, Procedures and Public Appointments Committee’s 8th Report 2021 (Session 5),
Standing Order Rule Changes — Urgent Questions to the Scottish Parliamentary Corporate Body
(SP Paper 975), and agrees that the changes to Standing Orders set out in Annexe A of the report be made with effect from 12 May 2021.
The next question is, that motion S5M-24365, in the name of Bill Kidd, on public petitions system changes, be agreed to.
Motion agreed to,
That the Parliament notes the Standards, Procedures and Public Appointments Committee’s 7th Report 2021 (Session 5),
Standing Order Rule Changes — Public Petitions System
(SP Paper 974), and agrees that the changes to Standing Orders set out in Annexe A of the report be made with effect from 12 May 2021.
The next question is, that motion S5M-24374, in the name of Bill Kidd, on the Equalities and Human Rights Committee’s remit, be agreed to.
Motion agreed to,
That the Parliament notes the Standards, Procedures and Public Appointments Committee’s 4th Report 2021 (Session 5),
Standing Order Rule Changes — Equalities and Human Rights Committee Remit
(SP Paper 965), and agrees that the changes to Standing Orders set out in Annexe A of the report be made with effect from 12 May 2021.
The next question is, that motion S5M-24398, in the name of Graeme Dey, on approval of the Scottish statutory instrument on the Amendment of expiry dates regulations, be agreed to. Are we agreed?
The Presiding Officer:
There will be a Division. This will be a one-minute division.
The vote is now closed.
Graham Simpson
Conservative
On a point of order, Presiding Officer. I was not able to vote. This will be the final time I vote from my office, I can assure you. I would have voted no.
Anas Sarwar
Labour
My apologies, Presiding Officer. I would have voted yes.
Division number 3
Decision Time
The Presiding Officer:
The result of the Division on motion S5M-24398, in the name of Graeme Dey, is: For 93, Against 27, Abstentions 0.
Motion agreed to,
That the Parliament agrees that the Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 [draft] be approved.
I propose to ask a single question on the 14 Parliamentary Bureau motions. The question is, that motions S5M-24399, S5M-24400 to S5M-24409, S5M-24411 and S5M-24412, and S5M-24410, all in the name of Graeme Dey, be agreed to.
Motions agreed to,
That the Parliament agrees, with effect from 12 May 2021—
(A) the following temporary rules under rule 17.1A—
Temporary Rule 1
Election of the Presiding Officer and deputy Presiding Officers
1. This Rule applies to the election of the Presiding Officer and any deputy Presiding Officers to be held at the beginning of Session 6 by virtue of Rules 3.2 and 3.3. It ceases to apply on 30 June 2021.
2. Any meeting of the Parliament convened for this purpose may be held in the Debating Chamber of the Parliament, Holyrood, or at any other location within Holyrood as may be determined by the Presiding Officer, and members shall be notified of that location or locations.
3. A member may, at any time during the period which is not earlier than 90 mins and not later than 30 minutes before the time appointed for the beginning of the voting period for Presiding Officer or, as the case may be, the first voting period for deputy Presiding Officer, nominate a candidate for appointment as the Presiding Officer or a deputy Presiding Officer by submitting a written nomination to the Clerk. A nomination shall be valid only if it is seconded by another member.
4. The vote at an election shall be by secret ballot and shall be held during the voting period appointed under Rule 3.2 or 3.3. Where there is more than one candidate, there may be more than one round of voting in accordance with paragraphs 13 to 18.
5. The result of any vote under this Rule is valid only if the number of members who voted is more than one quarter of the total number of seats for members. For this purpose, in calculating the number of members who voted—
(a) account shall be taken not only of those voting for or against a candidate, but also of those voting to abstain; and
(b) where there is more than one round of voting the result of each round of voting shall be treated as a separate result and the number of members who voted shall be taken to be the total number who voted in that round.
If the result of any vote at an election is invalid under this Rule, no candidate shall be elected at that election.
6. Each candidate may appoint a member to act as a scrutineer on that candidate’s behalf. Each scrutineer may monitor the counting of votes by the Clerk and may request the Clerk to perform a count again. The Clerk may refuse such a request only if the Clerk considers it unreasonable.
7. Members may participate in the election of the Presiding Officer or any deputy Presiding Officer in person or remotely by video conference hosted on such platform as may be provided by the Parliamentary corporation.
8. Any member may, at the beginning of a round of voting, obtain a ballot paper from the Clerk, either in person or, where a member is participating remotely, by electronic means.
9. Any member who obtains a ballot paper in person shall immediately mark that member’s vote on that ballot paper and then put the ballot paper in the ballot box provided for that purpose by the Clerk. That member may not thereafter obtain another ballot paper or vote during that round of voting.
10. Where a member is participating remotely, the Clerk shall facilitate the process and in doing so shall ensure the secrecy and confidentiality of it. The member shall use such platform as may be provided by the Parliamentary corporation for this purpose.
11. Any member participating remotely shall obtain a ballot paper from the Clerk by electronic means. Once the ballot paper has been received, the member shall immediately indicate to the Clerk the voting intention of that member. The Clerk shall mark that member’s vote on a ballot paper in accordance with that member’s voting intention, verify with that member that the ballot paper has been marked correctly and then put the ballot paper in the ballot box provided for that purpose. That member may not thereafter obtain another ballot paper or vote during that round of voting.
12. Where there is only one candidate in a round of voting, a member may vote for or against that candidate or to abstain. At the completion of that round of voting the Clerk shall count the votes and inform the person chairing the meeting of the number of votes for the candidate, the number of votes against the candidate and the number of votes to abstain. The candidate shall be elected if a simple Majority of votes in the candidate’s favour is obtained.
13. Where there is more than one candidate in a round of voting, a member may vote for one of those candidates or to abstain. At the completion of each round of voting in which there is more than one candidate, the Clerk shall count the votes and inform the person chairing the meeting of the number of votes for each candidate and the number of votes to abstain.
14. Where there are two candidates in a round of voting, a candidate shall be elected if a simple majority of votes in that candidate’s favour is obtained.
15. Where there are more than two candidates in a round of voting and the number of votes for one candidate exceeds the total number of votes for all the other candidates, that candidate shall be elected.
16. Where there are more than two candidates in a round of voting but no candidate is elected under paragraph 9, the candidate or candidates with the smallest number of votes shall be eliminated and there shall then be a further round or rounds of voting until—
(a) a candidate is elected in accordance with paragraph 12, 14 or 15;
(b) paragraph 17 applies; or
(c) the result of any vote is invalid under this Rule.
17. Where in any round of voting the candidates all receive the same number of votes no candidate shall be elected at that election.
18. A candidate may withdraw that candidate’s candidature at any stage between the rounds of voting mentioned in paragraphs 13 to 16.
19. In counting the votes, the Clerk may disregard any ballot paper if, in the Clerk’s opinion, it does not clearly indicate the voter’s choice.
20. When a candidate has been elected in accordance with this Rule the person chairing the meeting shall announce the name of the candidate who has been elected. The person chairing the meeting shall also announce—
(a) after the count in a case where the provisions of paragraph 12 apply, the number of votes for and against the candidate and the number of votes to abstain; and
(b) after the count in any other case, the number of votes for each candidate, the number of votes to abstain and the name of any candidate who has been eliminated at that round.
21. Where no candidate is elected at an election held in accordance with this Rule, the person chairing the meeting shall announce that fact and arrange for another election to be held as soon as possible. The Clerk shall notify members of the day and time appointed for the voting period at that election.
21. Following a declaration that a candidate has been elected or that no candidate has been elected, the Clerk shall destroy all the ballot papers.
22. Where provisions contained in this temporary rule are in conflict with other standing order provisions, those in the temporary rule have precedence.
Temporary Rule 2
1. This Rule applies to the administration of the oath of allegiance or a solemn affirmation at the beginning of Session 6. It ceases to apply on 30 June 2021.
2. Every person who is returned as a member shall take the oath of allegiance or shall make a solemn affirmation at a meeting of the Parliament before the Clerk. Taking the oath of allegiance or making a solemn affirmation can include appearing before the Clerk remotely by video-conference, hosted on such platform as may be provided by the Parliamentary corporation. A member shall not take part in any other proceedings of the Parliament until that member has done so.
3. A member may, immediately after taking the oath or making a solemn affirmation, repeat the oath or affirmation in a language other than English.
4. The member shall then sign a register kept by the Clerk for the purpose, indicating that the member has taken the oath or, as the case may be, made a solemn affirmation. Where a member has taken the oath of allegiance or made a solemn affirmation remotely, they shall sign the register at the earliest possible opportunity after doing so.
5. The Parliament’s power under section 84(3) (where a member fails to take the oath of allegiance) to decide, before the end of the period of two months within which a member must take the oath or make a solemn affirmation, to allow that member a longer period to do so is exercisable on a motion of any member. The motion is valid only if it is seconded by another member.
6. In these Rules, “oath of allegiance” means the oath in the form provided in section 2 of the Promissory Oaths Act 1868 (c.72) and “solemn affirmation” means the affirmation in the form provided in section 6(1) of the Oaths Act 1978 (c.19).
7. Where provisions contained in the temporary rule are in conflict with other standing order provisions, those in the temporary rule have precedence.
Temporary Rule 3
Access to the public gallery
1. In light of the ongoing public response to the Novel coronavirus COVID-19, members of the public shall not be admitted to the public gallery during any meeting of the Parliament from the date of dissolution until either such time as the newly elected Parliamentary corporation has taken a decision on public access to the Parliament, Holyrood or 30 June 2021, whichever is the earlier.
2. Notwithstanding paragraph 1, the Presiding Officer may decide to admit members of the public to the public gallery in advance of those timescales if relevant legislation and public health guidance allow for it.
3. Where provisions contained in the temporary rule are in conflict with other standing order provisions, those in the temporary rule have precedence.
(B) that, where provisions contained in the temporary rules are in conflict with other standing order provisions, those in the temporary rules have precedence.
That the Parliament agrees that the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 16) Regulations 2021 (SSI 2021/86) be approved.
That the Parliament agrees that the Budget (Scotland) Act 2020 Amendment Regulations 2021 [draft] be approved.
That the Parliament agrees that the Disability Assistance for Children and Young People (Scotland) Regulations 2021 [draft] be approved.
That the Parliament agrees that the Scottish Landfill Tax (Standard Rate and Lower Rate) Order 2021 (SSI 2021/89) be approved.
That the Parliament agrees that the Scottish Parliament (Elections etc.) Amendment (Coronavirus) Order 2021 [draft] be approved.
That the Parliament agrees that the Social Security (Up-rating) (Miscellaneous Amendment) (Scotland) Regulations 2021 [draft] be approved.
That the Parliament agrees that the Social Security Up-rating (Scotland) Order 2021 [draft] be approved.
That the Parliament agrees that the Social Security Information-sharing (Scotland) Regulations 2021 [draft] be approved.
That the Parliament agrees that the Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing etc.) (Scotland) Amendment Regulations 2021 (SSI 2021/107) be approved.
That the Parliament agrees that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 7) Regulations 2021 (SSI 2021/111) be approved.
That the Parliament agrees that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 6) Regulations 2021 (SSI 2021/81) be approved.
That the Parliament agrees that the Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021 [draft] be approved.
That the Parliament agrees that the Local Government Finance (Scotland) Order 2021 [draft] be considered by the Parliament.
That concludes decision time. We will shortly move on to members’ business, in the name of Gil Paterson, on the 80th anniversary of the Clydebank blitz. First, we will have a short pause to allow some members to change seats. Members should follow the one-way systems, wear their masks and make sure that they observe social distancing rules.
18:34 Members’ business will be published tomorrow, 18 March 2021, as soon as the text is available.
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.
An Urgent Question, formerly a Private Notice Question (PNQ), is a question in the House of Commons of an urgent nature, for which no previous notice has been given, relating to a matter of public importance or the arrangement of business. An Urgent Question may be taken at the end of Question Time if it has been submitted to, and approved by, the Speaker. The Minister concerned must be notified before the question is asked. Private Notice Questions became Urgent Questions at the start of the 2002/03 session. Further information can be obtained from factsheet P1 on the UK Parliament website.
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.
After election to the Commons an MP must swear an Oath of Allegiance before taking their seat. While holding a copy of the New Testament (or, in the case of a Jew or Muslim, the Old Testament or the Koran) a Member swears: "I…..swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, her heirs and successors, according to law. So help me God." Members who object to oath swearing may make a Solemn Affirmation instead. Further information can be obtained from factsheet M7 at the UK Parliament site. The Oath of Allegiance must be taken, or Solemn Affirmation made, by every Lord, on Introduction and at the beginning of every new Parliament, before he or she can sit and vote in the House of Lords.
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 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.
