– in the Scottish Parliament at on 24 March 2021.
Kenneth Macintosh
Labour
The next item of business is stage 3 proceedings on the Dogs (Protection of Livestock) (Amendment) (Scotland) Bill.
In dealing with the amendments, members should have with them the marshalled list, the bill as amended at stage 2 and the groupings of amendments. I remind members that, if we have a vote, the Division bell will sound and proceedings will be suspended for five minutes. Each vote will last for one minute.
The Presiding Officer:
Group 1 is on minor and technical amendments. Amendment 1, in the name of Emma Harper, is grouped with amendments 2 to 4.
Emma Harper
Scottish National Party
I will be happy to move Amendment 1 and speak to all the amendments in the group, which are minor and technical. At stage 2, the Rural Economy and Connectivity Committee agreed to an amendment that Jamie Halcro Johnston lodged whose aim was to clarify that woodland that is used for grazing was included in the definition of agricultural land. I had no strong views on whether that change was needed but, as the Minister and the committee believed that the change would be helpful, I supported the amendment.
Technical issues were subsequently identified with the drafting of Mr Halcro Johnston’s amendment, and amendments 1 and 2 will rectify those deficiencies. There will be no change to the substantive effect of Mr Halcro Johnston’s amendment.
Amendment 3 will remove section 8. Section 129 of the Civic Government (Scotland) Act 1982 provides a defence for anyone who has killed or injured a dog if that was done to defend livestock from attack by the dog. When the bill was being drafted, we thought that it would be sensible to amend the terminology in section 129 to be in line with the changes that we were to make to the Dogs (Protection of Livestock) Act 1953 and to ensure that the same definition of livestock was used in both acts.
However, it was pointed out to me at a late stage that section 129 of the 1982 act has already been repealed except to the extent that it provides a definition of livestock for the purposes of section 74 of the 1982 act, which allows people who find living creatures other than stray dogs or livestock to keep them if they are unclaimed after two months. As section 129 of the 1982 act is no longer relevant to protecting livestock, there is no need for the bill to amend it. Accordingly, section 8 of the bill can be removed.
Amendment 4 is a minor tidying-up amendment. Section 9 includes section 6(4) in the provisions that are to be commenced the day after royal assent, but section 6(4) merely provides for the parliamentary procedure for regulations that are made under the power that section 6(3) creates, and there is no point in commencing one ahead of the other.
That anomaly came about because, in the bill as introduced, section 6(4) also provided for the parliamentary procedure for regulations to appoint inspecting bodies. Once the power to make such regulations was removed at stage 2, there was no longer any need for early commencement of section 6(4). Amendment 4 will clarify the commencement timing issues.
I move amendment 1.
Jamie Halcro Johnston
Conservative
I was going to ask Emma Harper for a little more clarification about Amendment 3, but she has provided that. I thank her and the Minister for their constructive approach to my vital clarification in relation to grazing. We will support all the amendments.
Ben Macpherson
Scottish National Party
The Scottish ministers fully support these technical amendments, which will improve the drafting of this important bill.
Emma Harper
Scottish National Party
I am happy that the minor and technical amendments will be made and I am happy to proceed.
Amendment 1 agreed to.
Amendment 2 moved—[Emma Harper]—and agreed to.
Section 8—Consequential amendments to the Civic Government (Scotland) Act 1982:
Amendment 3 moved—[Emma Harper]—and agreed to.
Section 9—Commencement:
Amendment 4 moved—[Emma Harper]—and agreed to.
The Presiding Officer:
That ends consideration of amendments.
As members might be aware, at this point in proceedings, I am required under standing orders to decide whether in my view any provision of the bill relates to a protected subject matter—that is, whether it modifies the electoral system or franchise for Scottish parliamentary elections. In my view, the Dogs (Protection of Livestock) (Amendment) (Scotland) Bill does no such thing, so it does not require a supermajority to be passed at stage 3.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
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.
