Official Report 1700KB pdf
14:58
The next item of business is stage 3 proceedings on the Assisted Dying for Terminally Ill Adults (Scotland) Bill. In dealing with the amendments, members should have the bill as amended at stage 2—that is, SP bill 46A—the marshalled list and the groupings of amendments. The division bell will sound and proceedings will be suspended for around five minutes for the first division of the stage 3 proceedings today. The voting period for the first division will be 30 seconds. Thereafter, I will allow a voting period of one minute for the first division after a debate. Members who wish to speak in the debate on any group of amendments should press their request-to-speak buttons or enter RTS in the chat function as soon as possible after I call the group.
Members should now refer to the marshalled list of amendments.
Section 12—Signing by proxy
Group 9 is on signing by proxy. Amendment 94, in the name of Liam McArthur, is grouped with amendments 190 to 192, 65 and 68.
15:00
My amendments 94, 65 and 68 relate to the issue of signing by proxy. The bill would allow a proxy to sign a first or second declaration form on behalf of a patient who is unable to do so. I put on record my thanks to the Law Society of Scotland for its advice and engagement on those matters.
Amendment 94 would change section 12(4)(a) to the effect that a proxy would not be able to sign a declaration unless the proxy
“has read the declaration to the person making it”.
The amendment seeks to address concerns from the Law Society that the provision as it stands, which requires the proxy to be
“satisfied that the person understands the nature and effect of the making of the declaration”,
could imply more extensive assessment and be open to legal challenge. My intention was always for the signing proxy merely to stand in place of the terminally ill adult who is unable to sign for themselves.
In response to concerns raised, amendment 94 would have the effect of requiring the proxy to read out the declaration and then sign it in the presence of the adult. That would change the proxy’s position to a facilitative one for an adult who is unable to sign their own name. I am satisfied that that would address the concerns that have been raised while allowing the provision to work as intended.
Amendments 65 and 68 respond to a Delegated Powers and Law Reform Committee recommendation that the affirmative procedure should apply to regulations under section 12(5)(e).
The other amendments in the group—amendments 190 and 191, in the name of Jeremy Balfour, and amendment 192, in the name of Fergus Ewing—stem from a misunderstanding of the purpose and role of the proxy in the bill. Amendment 191 seeks to add various criminal offences into the proxy provisions. However, I again make it clear that the purpose behind those provisions is simply to allow a person who cannot sign a first or second declaration for themselves to ask a proxy to do it for them, and that the bill provides clear rules on who can and cannot be a proxy.
I also note the Government’s concerns about competence in relation to amendment 191 and the reservation of employment rights. There are no risks here of behaviour to criminalise. It is still the requesting person who makes the declaration, with a proxy standing in for the signing. The declarations must also be signed and witnessed by others, as is set out in the bill. A person must be assessed as eligible by two doctors acting independently. Then, after a second declaration is signed and witnessed, the terminally ill adult must request provision of the substance and decide whether to use it.
Mr Ewing’s amendment 192 would reinsert a required role for a solicitor, which is the issue that the Law Society of Scotland first sought to have me address. I therefore cannot support amendment 192, although I understand and sympathise entirely with Mr Ewing, who finds himself in the same position that I found myself in when I was drafting my bill.
I move amendment 94.
Amendment 190 relates to section 12 and concerns the responsibilities and potential criminal liability of proxies who are involved in the assisted dying process. My amendment addresses a matter that goes to the integrity and safety of the system that would be established under the bill’s framework.
I wonder whether, in winding up, Liam McArthur will tell me what happens if someone falsely signs by proxy. From reading the bill, I see no punishment or anything that would happen if such a situation happened, so I would be interested to know his reflections on that at the end of the debate on this group.
The bill allows, in very specific circumstances, for a proxy to act on behalf of an individual who is making a decision. The measure is designed to assist a terminally ill adult who might be physically unable to sign or communicate, while ensuring that the decision reflects their true voluntary intent. However, as with any process that allows a person to act on behalf of another, there is a risk of abuse, coercion or falsification. A declaration that is made falsely or under pressure would completely undermine the safeguards that we all want in the bill, and the amendment seeks to put such safeguards in place. Such a declaration would strike at the very principle that assisted dying is a choice that is made freely and by the person themselves.
Amendment 190 would establish clear and enforceable criminal offences for any proxy who knowingly contravenes section 12(4). That is because, as I said a moment ago—again, I would be happy if Liam McArthur could clarify this point when summing up—there seems to be no punishment for someone who falsely signs by proxy. That includes signing a declaration in contravention of the law or making a false statement about their capacity, disqualification status or understanding of the person who is making the decision. We are not talking about technical or minor offences—they involve serious risk to life, so the amendment would put in place appropriate penalties to reflect that gravity.
Importantly, the amendment would also clarify that, even if the person who is seeking an assisted death does not proceed to the point of death, such a falsification will have placed the adult at serious risk and should be treated as such. That is crucial, because it would prevent a potential loophole whereby a proxy could force a declaration but avoid accountability simply because the process was interrupted by a third party.
The amendment is about more than just rules on paper; it is about protecting vulnerable individuals at the moment of profound vulnerability. It would ensure that proxies cannot act without accountability, that the integrity of the declaration process is preserved and that the safeguards that Parliament has sought to put in place can never be bypassed.
In a debate such as this, it is right that much attention has been paid to the role of doctors and to assessment and eligibility criteria, but the responsibility of proxies is just as crucial. A single forced declaration could fundamentally undermine the system, place a terminally ill adult at risk and erode public confidence in the legislation.
Amendment 191 would complement amendment 190 by ensuring that the professional integrity and conscience of solicitors and legal professionals is fully respected. Although the law should require oversight in such a delicate matter, no professional should ever be forced to act as a proxy against their conscience or professional judgment. Amendment 191 would remove any ambiguity about that from the bill by ensuring that legal professionals would not have to do that. I have seen what the Scottish Government says about risks around employment law, and Mr McArthur has picked that up as well, but I would be interested to hear from the cabinet secretary—in his speech on the group or in an intervention—whether this issue will be part of the negotiations with the UK Government.
I am genuinely open minded on the issue and understand the point that has been made, but I wonder whether amendment 191 is strictly necessary, as there is nothing in any area of law that requires a solicitor to act on behalf of a person if they do not want to. I presume that, at any stage, a solicitor could refuse to do so, as they are not required to do so. Therefore, I am not entirely clear about the necessity of amendment 191.
That is a fair point, but I am seeking to introduce a safeguard. Several decades ago, when I was a trainee solicitor, I would be passed a file and told to go and do something by a partner or another senior member. I do not want there to be a situation in which a junior member of a legal team is asked to do something by a senior member of the firm that would go against his or her conscience and feels that they have to do it because refusing might affect their legal career—I appreciate that that would happen only infrequently.
I understand that the issue relates to employment, so I seek clarification from the cabinet secretary that it will be part of the negotiations with the UK Government, if the issue cannot be addressed in the bill.
For the reasons that I have set out, I strongly urge members to support amendment 190, if not amendment 191, to ensure that there are absolute safeguards in place to protect everyone.
I call Stephen Kerr to speak to amendment 192, in the name of Fergus Ewing, and other amendments in the group.
I am pleased to present amendment 192 on behalf of Fergus Ewing. The amendment would introduce a simple but crucial safeguard by requiring that any declaration that is signed by a proxy must be witnessed and certified by a practising solicitor.
At first glance, that might seem like a minor procedural adjustment but, in reality, it addresses a glaring inconsistency in the bill. Across Scots law, the involvement of a solicitor is standard whenever sensitive or legally binding documents are executed on behalf of another person. Whether it is for powers of attorney, wills or contracts with serious consequences, a solicitor’s oversight ensures that the document is valid, that a person who is acting on someone else’s behalf fully understands their responsibilities and that there is a clear professional record of the transaction. Yet the bill proposes that, for one of the most sensitive and irreversible acts that a person can take, no such oversight is required. That is astonishing.
By mandating a practising solicitor to witness a proxy declaration, certify that all statutory requirements have been followed and record their professional credentials on the document, amendment 192 would bring clarity, transparency and accountability. It would reduce the risk of error, misunderstanding or even potential abuse and it would assure everyone involved—the individual making the declaration, the proxy and the medical practitioners—that the legal formalities have been properly observed.
That is not a bureaucratic obstacle; it is a safeguard consistent with the standards that we already apply in other areas of law. The solicitor’s role would not be to question the person’s wishes; it would be to ensure that the process is carried out correctly and lawfully. In matters of such gravity, that oversight is not optional; it is essential. Supporting the amendment is not about creating unnecessary hurdles; it is about protecting individuals and upholding the integrity of the system. It is about ensuring that, when a proxy acts on someone else’s behalf, a professional legal check is in place to prevent mistakes or disputes and to give confidence to all parties that the declaration is fully compliant with the law.
For those reasons, I urge members to support the amendment and ensure that the bill meets the same standards of care, diligence and legal oversight that are expected throughout Scots law.
On amendment 190, the Scottish Government has noted several issues. First, the liabilities set out in the amendment do not follow standard procedure. For reasons of consistency across sentencing, a custodial sentence of more than 12 months should not be imposed upon conviction on a summary complaint. Furthermore, prescribing a minimum penalty in cases where death has resulted would significantly limit the discretion of the court to sentence proportionately according to circumstances. In certain cases, such as the falsifying of an address, the minimum penalty of five years could be disproportionate.
There is also a lack of clarity around the penalty provisions. There is some doubt about whether, despite the terms set out in the agreement, it might still be necessary to prove that there has been a serious risk of death before a penalty can be imposed. The reference to falsifying a proxy or declaration is also unclear and does not align with the offence of knowingly signing a declaration or making false statements.
I share the Government’s concerns about the drafting of the amendment, but Mr Balfour’s key point—that there should be consequences if someone is essentially acting as a false proxy—is correct. Is it the Government’s understanding that that would be covered by the coercion offence in the bill? I assume that if somebody were to act in that manner, it would be possible to prosecute them for the criminal offence of coercion as a result of that separate section of the bill.
Mr Greer makes a fair point, on which I cannot comment. It is an area that I have not been voting on and that I have not passed comment on, because it involves an ethical consideration. However, Mr Greer’s point is on the record.
The Scottish Government considers that amendment 191 might raise issues of legislative competence relating to the H1 employment and industrial relations reservation in the Scotland Act 1998. There are also technical issues with the definition of a solicitor and with the lack of definition of an advocate, which is relevant given that the latter term is used elsewhere in the bill in another context.
In response to Mr Balfour’s query, I say that the UK Government has given agreement in principle to allow for opting out of participating in assisted dying. The detail of a section 104 order will be for discussion and negotiation. I know that that does not fully address Mr Balfour’s point, but it is the best that I am able to do.
15:15
I thank the cabinet secretary for his helpful remarks.
I am not concerned only about solicitors and proxies opting out. Is the cabinet secretary able to give an indication of other areas in which the UK Government may be willing to grant an opt-out? We had a long debate about that on Tuesday, but I am still not clear on who could opt out. Which organisations would be able to do so? Can the cabinet secretary share any further information on that point?
Unfortunately, that is the best that I can put on the record, because that issue will be subject to discussion and negotiation. We cannot provide a guarantee with regard to what the UK Government will commit to beyond what it has already put on the record. I recognise that that is a challenge for colleagues, and I wish that it were not the case. We have covered the matter in great detail, but that is where we are.
As far as the remaining amendments in the group are concerned, the Scottish Government has no comment to make, aside from the technical points that can be found in the commentary.
I invite Liam McArthur to wind up and to press or withdraw amendment 94.
I thank Jeremy Balfour and Stephen Kerr for setting out the rationale for the amendments that they spoke to, and I thank the Scottish Government for identifying the issues that it has with the relevant amendments.
I repeat that I have some sympathy with the points that Mr Balfour and Mr Kerr have made. When I was drafting the bill, much of what they have articulated was in my thinking. However, I suspect that their view stems from a misunderstanding of the role of the proxy, which is a facilitative one. In his intervention, Ross Greer helpfully reminded members that the bill’s protections on coercion apply. Rather than carving out the proxy role and coming to the view that it is unprotected and that there are no sanctions, members need to read the bill in its entirety.
My amendment 94 reflects the concerns that the Law Society of Scotland raised with me at stage 1. Changes were made at stage 2 that allowed some of those concerns to be addressed.
I understand Mr McArthur’s point that amendment 94 reflects the Law Society of Scotland’s concerns. However, I think that the present wording of section 12(4)(a) is sensible, and I am a little concerned about the proposed replacement of that wording with the idea that the declaration would simply have to be read out by the proxy. I invite Mr McArthur to say a bit more about what the Law Society’s concerns were, so that I can get a better understanding of the issue.
The Law Society was concerned that the relationship that would be required between the proxy and the individual requesting an assisted death would be more extensive as a result of the way in which the provision is now phrased, following stage 2. Rather than simply involving the proxy in a facilitative role, it would require an assessment to be made of the individual’s state of mind, which is not the role of the proxy. The witnesses and the medics who were involved in the process would provide the safeguards. As I said, Ross Greer helpfully indicated that the provisions on coercion would still apply across the board.
As I said, amendment 94 reflects the concerns that the Law Society expressed at stages 1 and 2. I am satisfied, as I think the Law Society is, that amendment 94 would address those concerns. Therefore, I urge members to support amendment 94, and my amendments 65 and 68, and to reject the other amendments in the group, for the reasons that I have set out.
The question is, that amendment 94 be agreed to. Are we agreed?
Members: No.
There will be a division.
As this is the first division of today’s stage 3 proceedings, I suspend the meeting for around five minutes to allow members to access the digital voting system.
15:18
Meeting suspended.
15:24
On resuming—
We come to the vote on amendment 94. Members should cast their votes now.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Constance, Angela (Almond Valley) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Arthur, Tom (Renfrewshire South) (SNP)
Boyack, Sarah (Lothian) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 64, Against 52, Abstentions 4.
Amendment 94 agreed to.
Amendments 190 and 191 not moved.
Amendment 192 moved—[Stephen Kerr].
The question is, that amendment 192 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Constance, Angela (Almond Valley) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Greene, Jamie (West Scotland) (LD)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Eagle, Tim (Highlands and Islands) (Con)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McLennan, Paul (East Lothian) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Abstentions
Boyack, Sarah (Lothian) (Lab)
Mountain, Edward (Highlands and Islands) (Con)
Whitfield, Martin (South Scotland) (Lab)
The result of the division is: For 50, Against 67, Abstentions 3.
Amendment 192 disagreed to.
After section 12
Amendment 95 moved—[Jackie Baillie].
The question is, that amendment 95 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Arthur, Tom (Renfrewshire South) (SNP)
Brown, Siobhian (Ayr) (SNP)
Dey, Graeme (Angus South) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Gulhane, Sandesh (Glasgow) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McKee, Ivan (Glasgow Provan) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Regan, Ash (Edinburgh Eastern) (Ind)
Swinney, John (Perthshire North) (SNP)
Abstentions
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 101, Against 19, Abstentions 1.
Amendment 95 agreed to.
Amendment 96 moved—[Sue Webber].
The question is, that amendment 96 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Briggs, Miles (Lothian) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Constance, Angela (Almond Valley) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Abstentions
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Boyack, Sarah (Lothian) (Lab)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 50, Against 66, Abstentions 5.
Amendment 96 disagreed to.
Section 13—Recording of declarations and statements
Amendment 39 moved—[Bob Doris].
15:30
The question is, that amendment 39 be agreed to. Are we agreed?
Members: No.
There will be a division.
The vote is closed.
On a point of order, Presiding Officer. I apologise. I could not connect to the app. I would have voted yes.
Thank you, Ms Burgess. Your vote will be recorded.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Dey, Graeme (Angus South) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Webber, Sue (Lothian) (Con)
Abstentions
Arthur, Tom (Renfrewshire South) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 113, Against 5, Abstentions 3.
Amendment 39 agreed to.
Amendment 193 not moved.
Amendment 194 moved—[Daniel Johnson].
The question is, that amendment 194 be agreed to. Are we agreed?
Members: No.
There will be a division.
The vote is closed.
On a point of order, Presiding Officer. My app would not connect. I would have voted yes.
Thank you, Ms Baillie. Your vote will be recorded.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Lennon, Monica (Central Scotland) (Lab)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Carson, Finlay (Galloway and West Dumfries) (Con)
Dey, Graeme (Angus South) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Arthur, Tom (Renfrewshire South) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 65, Against 53, Abstentions 3.
Amendment 194 agreed to.
Amendment 195 moved—[Daniel Johnson].
The question is, that amendment 195 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Lennon, Monica (Central Scotland) (Lab)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Carson, Finlay (Galloway and West Dumfries) (Con)
Dey, Graeme (Angus South) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Griffin, Mark (Central Scotland) (Lab)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 60, Against 56, Abstentions 2.
Amendment 195 agreed to.
Amendment 40 moved—[Bob Doris]—and agreed to.
Amendment 196 moved—[Jeremy Balfour].
The question is, that amendment 196 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Stevenson, Collette (East Kilbride) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Webber, Sue (Lothian) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Abstentions
Adamson, Clare (Motherwell and Wishaw) (SNP)
Boyack, Sarah (Lothian) (Lab)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Villalba, Mercedes (North East Scotland) (Lab)
The result of the division is: For 39, Against 78, Abstentions 5.
Amendment 196 disagreed to.
Section 14—Recording of cancellations
Amendment 197 moved—[Liz Smith].
The question is, that amendment 197 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Briggs, Miles (Lothian) (Con)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sweeney, Paul (Glasgow) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Abstentions
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 57, Against 62, Abstentions 2.
Amendment 197 disagreed to.
Section 14A—Right to advocacy
We move to group 10, which is on advocacy services. Amendment 198, in the name of Ross Greer, is grouped with amendments 199 to 207 and 312.
At stage 2, the Health, Social Care and Sport Committee agreed to my amendments to establish a right to advocacy for patients who embark on this process. Advocacy is essential to mitigate the drawbacks of a dispersed service, rather than a centralised, specialist service.
Either way, an advocacy service would be required. That is based on the positive experiences of equivalent services in the states in Australia that operate assisted dying and in New Zealand. In some cases, they are referred to as pathfinders, but typically they are called advocates.
I am particularly grateful for the insight and generosity of Dr Sandra Lucas, Dr Rhona Winnington and Gillian McElroy of the University of the West of Scotland, who helped me to develop the proposals.
Amendments 198, 199, 201 to 206 and 312 are lodged with the support of Liam McArthur or the Scottish Government. They resolve feedback on the drafting of sections 14A and 14B, which were inserted at stage 2. I have already circulated the purpose and effect notes for the amendments to members. Their effect is to clarify grammar and definitions, make the amendments consistent across the two sections of the bill, and ensure that there are enforcement mechanisms for the advocacy service standards.
Those amendments are largely technical in nature, so I will not speak in any further detail of them.
The member said that those amendments are technical in nature, but my reading of amendments 199 and 200 is that they push back somewhat, because someone has to be actively seeking assisted dying, rather than just considering it, to get advocacy services. I think that that is a backward step.
The amendments that I referred to as technical excluded amendment 200. I am about to come on to that amendment, which is one of the substantive amendments that I will talk to.
For clarity, the amendments that are technical are amendments 198, 199 and the others that I mentioned. I believe that amendment 199 is technical. Amendment 200 is the substantive one that I will speak to, and amendments 201 through 206 are technical.
Before I speak to amendment 200, I wish to speak to amendment 204, because it is paired with amendment 259, which we will come to in group 19. Together, these two amendments take the intended role and responsibilities of the advocate and move them from the right to advocacy section of the bill into guidance. That is intended to improve operability and make it easier to adapt the role definition in future, based on experience of the system.
That being said, I feel that it is essential to keep in the bill the clear expectation of what the advocate does. The advocate is not a human information service or, necessarily, just a navigator, although I am glad that the information service provisions, which were proposed by Jackie Baillie at stage 2, were agreed to.
Based on the Australian and New Zealand experiences, I see the advocate as being an active participant in the process, alongside and on behalf of a patient who has requested their support. They are a constant safeguard, for example, against undue influences on and infringement of the rights of the patient. They have an important pastoral role, too, noting the immense—
Will the member take an intervention?
Yes.
I am grateful to Ross Greer for taking my intervention, and I will support the amendment. The only thing that concerns me about amendment 200 is that, for a person to request an advocate, they must know and understand that the advocacy service is available to them. How would he tackle that problem?
As I said, I will come on to talk about amendment 200 in more detail in a moment, but there is provision for the information service to make patients aware of the option of advocacy. The key point about requesting it is what I am about to come to. To briefly summarise this section—
Will the member take an intervention?
Will the member take an intervention?
I will take Alasdair Allan first and then I will come to Bob Doris.
Mr Greer has indicated that he may be about to speak to the question that I was going to raise. Can he clarify the reasoning behind leaving out the word “require” and inserting “request”? In practical terms, what would mean that for someone?
I will skip to that section, because that is obviously what members are most interested in. The reason for changing from “require” to “request” was that concerns were raised with me that the plain and ordinary meaning of “require” would imply that someone else, other than the patient, could make the judgment that the patient does not require advocacy.
Will the member take an intervention?
Changing from “require” to “request” would leave it entirely up to the patient. If the patient wished to have an advocate, they would have an advocate, because it would be down to their request. Leaving the provision with “require” would suggest that someone else could decide whether the patient actually requires the advocate.
If Bob Doris is still keen to intervene, I will take his intervention, and then I will come to Pam Duncan-Glancy.
Based on a previous intervention, I will go back to amendment 199.
My reading of amendment 199 is that, if a person goes to their doctor and says, “I am thinking about an assisted death—can you help me in any way in relation to that?”, the doctor would not be able to say, “There are advocacy services available—would you like to avail yourself of them?”, because the person is only considering it. However, if the person went to their doctor and said, “I want an assisted death,” the doctor would be able to say, “Here are some advocacy services.”
That does not seem to be the right way forward. I would have thought that advocacy services would help a person reach their decision in an informed way and advocate for them on that basis, without any predetermined outcome, but amendment 199 would seem to reverse that in some way.
That is why I think amendment 200 is particularly important, because that is where it comes down to the patient requesting advocacy. The specific language in amendment 199 is based, in part, on suggestions from the Law Society of Scotland about making sure that the language in the bill is entirely legally clear. In response to Mr Doris’s point, that is why I was keen to insert amendment 200, so that it would be down to the request from the patient.
I will take Pam Duncan-Glancy’s intervention at this point.
I am listening carefully to the points that Mr Greer is making about some of the technicalities of the issue, and I understand the Law Society of Scotland’s points on it.
Does the member also share my concern that requesting something does not necessarily mean that the provision would be there? Does he recognise that advocacy is already hugely underfunded in Scotland and that, without ensuring that it was available, people could request such things but they are never provided? Does he have any thoughts on that? Is there anything in the member’s amendment that worries him about that?
That is a worry that I have, and not just in relation to this bill. We are well aware in this Parliament that, over our 27-year history, we have legislated to create a whole range of rights for individuals that public services have been unable to deliver in practice.
What was amended into the bill at stage 2 is what establishes the right to advocacy. Amendment 200 would make the right to advocacy easier, because it would be entirely down to whether the patient wants it or not. The current language in the bill, which I take responsibility for because it was my stage 2 amendment, says “require” rather than “request”. If we leave it as “require”, it leaves open the question of who gets to decide whether a patient requires it or not, but “request” means that it comes down entirely to the decision of the patient. That is the rationale for amendment 200, but what is already in the bill as a result of stage 2 amendments is what establishes advocacy as a right for the patient.
15:45
I am interested in the issue around the word “independent”. I understand the rationale for the member’s amendments, but I am interested in what reassurance can be provided that an independent advocacy service is truly independent. That circles back to the issue of coercion, which has cropped up regularly over the past few days.
I am grateful to Audrey Nicoll for making that point. The definition of independent advocacy is one that we are debating across several bills in the Parliament right now, particularly in relation to care-experienced young people.
The concept of advocacy being independent is to ensure that the patient does not feel that it is provided by somebody who is otherwise already engaged in the process. For example, the advocacy is not provided by one of the practitioners who is making the clinical decisions around things such as prognosis. The advocate is someone entirely separate to that. Their job is purely to advocate on behalf of the patient, unaffected by the other decisions that are being made, particularly on any judgment that may be clouded—not clouded, as that is negative—or affected if they are also making clinical decisions. This approach separates the advocate out from the clinical element of the process.
I wonder whether the member could reassure me about amendment 204. Am I incorrect in reading that to mean that it would remove the provisions that define in detail what the advocacy service is to do? I am keen to ensure that we have a proper definition somewhere in the bill that avoids, for instance, undue influence. Does amendment 204 remove that definition, or have I misread it?
That is what I was referencing a moment ago: the amendments move some of that from the bill to the statutory guidance. I ask Dr Allan and any other member who is interested in that issue to cross-reference amendment 204 with amendment 259, which we will come to in group 19. That moves the definition into the guidance, and it is about making sure that we can keep the definition up to date. It would not be locked into primary legislation. There would be a definition, but we would put it in the guidance so that we can keep it up to date as the system develops.
Will the member give way?
I will take Mr Whittle again. I am conscious of time, Presiding Officer, so I will try to round off after that.
I apologise to the member—I just want clarity on that issue, because advocacy is paramount and crucial in the bill. On Bob Doris’s point on amendments 199 and 200, I want to clarify that the intention of the amendments is to ensure that people who seek assisted dying or consider assisted dying should be able to get advocacy services. It does not quite say that, but is that the intention?
The short answer to that is yes. Apart from the ones that I have spoken to in detail, the amendments are based on advice that we have had from the Scottish Law Society and the Government and so on, on making sure that the definitions are legally clear and operable.
Amendment 200 is the most critical of those. It is designed to ensure that, ultimately, it is entirely down to the patient. If a patient embarks on the process and starts those discussions with their doctor, the decision about whether they receive advocacy would be only the patient’s. That is why it is at the patient’s request and nothing else.
I will try to draw my remarks to a conclusion. Before I close, I want to speak briefly to Murdo Fraser’s amendment 207. That amendment would have the Scottish Government create an independent advocacy oversight body and an accreditation scheme, rather than what is currently proposed, which is a model in which the Scottish Government sets the advocacy service standards and any provider is mandated by their contract to comply with those standards.
I understand the intention of Murdo Fraser’s amendment, but I am afraid that I cannot support it.
I checked with Dr Lucas and Dr Winnington, who are the experts in such advocacy services across the world, based on their professional experience of operating within those services, not only as clinicians but, more recently, as academics. They said that all other advocacy systems have that governmental approach, and it would risk increasing complexity in the scheme if we were to establish another body that is responsible for it.
The current model mirrors provisions in existing legislation for independent advocacy. The advocacy service standards in the Social Security Scotland context are being mirrored. That approach ensures consistency when we are talking about independent advocacy, what it means and where the standards of provision are set out. For that reason, I ask Murdo Fraser not to press amendment 207, and I ask members to support all my amendments in the group.
I move amendment 198.
As Ross Greer has properly identified, amendment 207 proposes the establishment of a new statutory entity to be known as the independent advocacy oversight body, which would be charged with the accreditation, monitoring, auditing and reporting of advocacy services operating under the act. It would replace what was inserted at stage 2, which was the ability of ministers to make regulations to establish advocacy services. Although that was an improvement to the bill, my concern is that it does not go far enough and that there is a need for independence.
The purpose of the body would be to ensure that all advocacy providers meet formal standards of competence, independence and accountability. Amendment 207 would oblige the body to enforce those standards, maintain robust records and produce an annual public report, all while maintaining appropriate confidentiality protections.
Crucially, the amendment would place on the Scottish ministers a statutory duty to provide sufficient funding to enable the body to discharge its functions effectively, which is the point that was raised a moment ago by Pam Duncan-Glancy. Without such funding, the safeguards that are envisaged here—which I know Mr Greer supports—could not be realised in practice. We have to ensure that the funding is in place.
I absolutely accept the principle of advocacy services and welcome the fact that Ross Greer’s amendments were agreed to at stage 2. However, the operation of such a service requires clear procedural frameworks and oversight. The establishment of a statutory body would provide precisely that structure, offering independent supervision of advocates within assisted dying services in the national health service, which is the point that Audrey Nicoll made in her intervention.
I am interested in amendment 207, but my one concern is about something that Mr Fraser will be aware of. In rural areas where there are accreditation services, people tend to be locked out of gaining accreditation because of the long distances that they have to travel. We see that again and again. In a way, we would need more advocates in rural areas, just because of the sheer distances from services. If the bill becomes law, everyone should have face-to-face advocacy to support them through the process.
I very much agree with Rhoda Grant. If we are going to have advocacy, it needs to be available to everybody, and on a face-to-face basis. Part of the reason why I am lodging amendment 207 is that we need an independent body that is responsible for ensuring that advocacy is available. We could make sure that that applies throughout Scotland.
The amendment is not merely procedural; it is a fundamental safeguard that would ensure that those who are charged with supporting some of the most vulnerable individuals in our healthcare system are properly trained, accountable and subject to independent scrutiny.
Amendment 207 says that the Scottish ministers must fully fund the new body. Can the member indicate how much that might end up costing?
I am afraid that I cannot give Mr Kerr a figure; nor could I give him a figure for what the cost of providing advocacy services under the bill as it stands might be. We are all in the same place in that respect.
I urge colleagues to support amendment 207, which represents a necessary measure to underpin the safe and effective operation of the legislation.
From a delivery perspective, there remains a lack of clarity around how an advocacy service would be funded or monitored in practice. I note what I have just heard from Mr Fraser about any estimations of cost. Establishing advocacy service standards and putting in place arrangements to oversee compliance with them would require extensive consultation and significant additional resourcing.
With that being said, amendment 206 is necessary to correct a technical issue in that, although section 14B(1) references a duty under section 14A(2) as it relates to advocacy service providers, the duty under section 14A(2) is placed on Scottish ministers.
Amendment 206 also resolves a practical issue with section 14B(1) to clarify that providers of independent advocacy services must comply with the advocacy service standards, and that not complying would be treated as a breach of contract. That amendment has been worked on with support of the Government.
From a legal perspective, amendment 207 would place on the Scottish ministers a duty to establish a body but would not provide the usual suite of powers that accompany the establishment of a body, so it is not clear what type of body it would be. There is no enforcement provision in relation to the bar on providing services without accreditation, and the provision might also encroach on the B2 data protection reservation of the Scotland Act 1998 by providing the body with powers to issue guidance to ministers and others on the protection of individuals’ privacy.
I also note that the setting up of a fully funded independent advocacy oversight body would be a significant new financial undertaking.
I largely agree with the other amendments in Ross Greer’s name that are of a technical nature, and I have no further specific comments to make on the remaining amendments.
I thank Ross Greer not just for these amendments but for the work that he did on the advocacy provisions in the bill throughout stage 2. They have improved the bill and strengthened the protections in it. I do not have anything to add to what he has already said about the range of amendments that have been lodged to address concerns that have been raised by Law Society of Scotland, the Government and others.
On the substantive amendment 200, when I reflected on the concerns that have been expressed by some colleagues, I shared some of those concerns. When I first saw the amendment, I thought that it might restrict rather than reinforce or expand the rights, but from the explanation that Ross Greer has given, I can see ways in which that can be safeguarded against.
On Murdo Fraser’s amendment 207, I am not persuaded of the benefits of replacing section 14B on advocacy service standards with an advocacy oversight board and accreditation scheme. Advocacy services are well established in Scotland. Ross Greer set out the academic expert input on that. Section 14B requires ministers to set out in regulations the relevant standards in relation to the provisions of the bill. I believe that that is a proportionate way of ensuring that appropriate standards are set and maintained over time, in the interests of, I anticipate, a relatively small number of individuals who might seek to access such services. On that basis, I cannot support amendment 207.
I call Ross Greer to wind up and to press or withdraw amendment 198.
I will be brief in summing up. I want to make one general point and give two specific responses.
The general point is to emphasise to colleagues that the intention of the amendments is to either clarify or fix drafting issues following stage 2 or, critically, to make sure that advocacy is available to any patient who wants it. That goes back to the debate that we had about the difference between “require” and “request”. If we agree to amendment 200, for a patient who is undergoing this process, even if they do not get to the end of it because they decide that it is not what they want, if they want advocacy, they will get it. The danger with leaving in the word “require” is that there is then the question of who gets to decide whether a patient requires it. Conceivably, a patient could request advocacy, but the system in some way might decide that they do not require it. That is the situation that I am trying to avoid by having the provision say “request” rather than “require”.
I am sorry to prolong the debate. If a person requests advocacy and then decides not to proceed with an assisted death, but the advocate is empowering them in other ways—say, in relation to a palliative care pathway—will that advocacy stay in place for as long as that person needs it, or will they receive it only while they are still actively considering assisted death? There is an inequality of arms there in some respects.
I am envisaging that the advocate would be there for their transition to whatever form of care they decide to receive instead. If it was palliative care, I cannot say that the advocate would stay with them throughout that journey; we do not know how long that might be or what form it might take. However, one of the critical roles of the advocate is to be there for that transition. It may be that the patient has decided not to go ahead with an assisted death. It may be that they have been rejected at the point of assessment by a medical practitioner, which, as we can all imagine, could be an acutely distressing moment for the patient. Having the advocate there, as somebody who is alongside the patient in that situation and can help them cope with and process such a decision by the practitioner, is, I think, particularly important.
Could the member do us a favour and remind us which amendment we should cross-refer with amendment 204?
Amendment 204 is paired with amendment 259, which is in group 19, on guidance. That is where we move the detail of what the advocate is to provide from legislation into guidance, to make sure that we can keep it up to date.
I have just two brief responses to finish with, Presiding Officer. Pam Duncan-Glancy’s point about availability and funding, which was also discussed by other members, including Murdo Fraser, is critically important. I draw members’ attention to section 14A(2) of the bill, which already places a duty on Scottish ministers
“to ensure that independent advocacy services are available to the extent necessary for that right to be exercised by the individuals who have it.”
Finally, on Audrey Nicoll’s point—
Will the member take an intervention?
I am trying to round off, but I do not want to curtail the debate, so I will take one final intervention.
I thank the member for taking the intervention, and I thank members for their continued patience. Does the member have any indication from any conversations that he has had with the Government on where funding for this particular advocacy service could come from? Will other advocacy services that are supporting people through other parts of legislation in Scotland see reductions in their funding as a result, or is the member convinced that there would be additional resource?
My position is certainly that it would be additional resource. Obviously, that would get us into wider debates about budget allocations. Members will appreciate that I have no shortage of revenue-raising proposals to put to Parliament every year at budget time, so I can always come up with a way to fund this service that would not come at the expense of other services. I am sure that the cabinet secretary would be grateful to hear my thoughts on a public health levy on supermarkets, for example, but that is for another time.
Audrey Nicoll’s point about the definition of independent advocacy is very important. I draw members’ attention to section 14A(4)(b)—the final part of section 14A—which is where we have defined “independent”. I will read out that paragraph for inclusion in the Official Report:
“advocacy services are independent if they are provided by a person who is not previously known to the individual or their immediate family and is not otherwise involved in provision of care or support to the individual including the provision of services under this Act.”
That is how we define “independent”. It is consistent with other definitions of independent advocacy that exist in legislation and that, indeed, we will be discussing next week when we debate the Children (Care, Care Experience and Services Planning) (Scotland) Bill—the Promise bill.
I think that that is an adequate explanation of what my amendments in the group intend to do. I emphasise to members that they are largely either technical in nature or, in the case of amendment 200, are intended to ensure that advocacy is available to everyone who wants it.
I press amendment 198.
The question is, that amendment 198 be agreed to. Are we agreed?
Members: No.
There will be a division. Members should cast their votes now.
The vote is closed.
On a point of order, Presiding Officer. My app was frozen, but I would have voted no.
Thank you, Mr Hoy. We will ensure that that is recorded.
On a point of order, Presiding Officer. I voted no.
Thank you, Mr Fairlie.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Brown, Siobhian (Ayr) (SNP)
Carson, Finlay (Galloway and West Dumfries) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Boyack, Sarah (Lothian) (Lab)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 68, Against 48, Abstentions 2.
Amendment 198 agreed to.
Amendment 199 moved—[Ross Greer].
The question is, that amendment 199 be agreed to. Are we agreed?
Members: No.
There will be a division. Members should cast their votes now.
The vote is closed.
On a point of order, Presiding Officer. My app did not connect. I would have voted yes.
Thank you, Mr Gibson. We will ensure that that is recorded.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Siobhian (Ayr) (SNP)
Carson, Finlay (Galloway and West Dumfries) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 67, Against 52, Abstentions 1.
Amendment 199 agreed to.
Amendment 200 moved—[Ross Greer].
The question is, that amendment 200 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Siobhian (Ayr) (SNP)
Carson, Finlay (Galloway and West Dumfries) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 64, Against 53, Abstentions 1.
Amendment 200 agreed to.
Amendment 201 moved—[Ross Greer].
The question is, that amendment 201 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Siobhian (Ayr) (SNP)
Carson, Finlay (Galloway and West Dumfries) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 70, Against 52, Abstentions 1.
Amendment 201 agreed to.
Amendment 202 moved—[Ross Greer].
The question is, that amendment 202 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Brown, Siobhian (Ayr) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Arthur, Tom (Renfrewshire South) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 71, Against 48, Abstentions 3.
Amendment 202 agreed to.
Amendment 203 moved—[Ross Greer].
The question is, that amendment 203 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Siobhian (Ayr) (SNP)
Carson, Finlay (Galloway and West Dumfries) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 70, Against 52, Abstentions 1.
Amendment 203 agreed to.
Amendment 204 moved—[Ross Greer].
The question is, that amendment 204 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Siobhian (Ayr) (SNP)
Carson, Finlay (Galloway and West Dumfries) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 68, Against 54, Abstentions 1.
Amendment 204 agreed to.
16:15
Amendment 205 moved—[Ross Greer].
The question is, that amendment 205 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 70, Against 50, Abstentions 1.
Amendment 205 agreed to.
Section 14B—Advocacy service standards
Amendment 206 moved—[Ross Greer]—and agreed to.
Amendment 207 moved—[Murdo Fraser].
The question is, that amendment 207 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Mackay, Gillian (Central Scotland) (Green)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McLennan, Paul (East Lothian) (SNP)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Abstentions
Boyack, Sarah (Lothian) (Lab)
Mountain, Edward (Highlands and Islands) (Con)
Villalba, Mercedes (North East Scotland) (Lab)
The result of the division is: For 50, Against 71, Abstentions 25.
Amendment 207 disagreed to.
Section 15—Provision of assistance
Amendment 97 moved—[Neil Gray]—and agreed to.
I call amendment 98, in the name of Liam McArthur, already debated with amendment 90. I remind members that, if amendment 98 is agreed to, amendment 208 will be pre-empted.
Amendment 98 moved—[Liam McArthur].
The question is, that amendment 98 be agreed to. Are we agreed?
Members: No.
There will be a division.
The vote is closed.
On a point of order, Presiding Officer. I would have voted yes.
Thank you, Ms Mochan. We will make sure that that is recorded.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Sarwar, Anas (Glasgow) (Lab)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Boyack, Sarah (Lothian) (Lab)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Carson, Finlay (Galloway and West Dumfries) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Regan, Ash (Edinburgh Eastern) (Ind)
Stevenson, Collette (East Kilbride) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Whittle, Brian (South Scotland) (Con)
Abstentions
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mountain, Edward (Highlands and Islands) (Con)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Roddick, Emma (Highlands and Islands) (SNP)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
The result of the division is: For 87, Against 10, Abstentions 25.
Amendment 98 agreed to.
Amendment 209 not moved.
Amendment 210 moved—[Brian Whittle].
The question is, that amendment 210 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Bibby, Neil (West Scotland) (Lab)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Constance, Angela (Almond Valley) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Abstentions
Arthur, Tom (Renfrewshire South) (SNP)
Boyack, Sarah (Lothian) (Lab)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gray, Neil (Airdrie and Shotts) (SNP)
Kerr, Stephen (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 47, Against 70, Abstentions 6.
Amendment 210 disagreed to.
Amendment 211 moved—[Stephen Kerr].
The question is, that amendment 211 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Dowey, Sharon (South Scotland) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Abstentions
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Mountain, Edward (Highlands and Islands) (Con)
Villalba, Mercedes (North East Scotland) (Lab)
The result of the division is: For 48, Against 71, Abstentions 4.
Amendment 211 disagreed to.
I remind members that, if amendment 212 is agreed to, I cannot call amendment 41, due to pre-emption.
Amendment 212 moved—[Jeremy Balfour].
The question is, that amendment 212 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Constance, Angela (Almond Valley) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Abstentions
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Boyack, Sarah (Lothian) (Lab)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Kerr, Stephen (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 50, Against 69, Abstentions 5.
Amendment 212 disagreed to.
Amendment 41 moved—[Bob Doris].
The question is, that amendment 41 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Bibby, Neil (West Scotland) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harvie, Patrick (Glasgow) (Green)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lumsden, Douglas (North East Scotland) (Con)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Whitfield, Martin (South Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Clark, Katy (West Scotland) (Lab)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Gulhane, Sandesh (Glasgow) (Con)
Harper, Emma (South Scotland) (SNP)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Marra, Michael (North East Scotland) (Lab)
McCall, Roz (Mid Scotland and Fife) (Con)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Abstentions
Burnett, Alexander (Aberdeenshire West) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Kerr, Stephen (Central Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
O’Kane, Paul (West Scotland) (Lab)
White, Tess (North East Scotland) (Con)
The result of the division is: For 65, Against 47, Abstentions 6.
Amendment 41 agreed to.
Amendment 213 moved—[Sue Webber].
The question is, that amendment 213 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Abstentions
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
The result of the division is: For 42, Abstentions 78, Abstentions 3.
Amendment 213 disagreed to.
Amendment 214 moved—[Brian Whittle].
The question is, that amendment 214 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Choudhury, Foysol (Lothian) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Golden, Maurice (North East Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Simpson, Graham (Central Scotland) (Reform)
Sweeney, Paul (Glasgow) (Lab)
Villalba, Mercedes (North East Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Arthur, Tom (Renfrewshire South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 10, Against 111, Abstentions 4.
Amendment 214 disagreed to.
Amendment 42 moved—[Liam McArthur].
The question is, that amendment 42 be agreed to. Are we agreed?
Members: No.
There will be a division.
The vote is closed.
16:30
On a point of order, Presiding Officer. My app appears to have frozen. I would have voted no.
Thank you, Ms Stevenson. We will ensure that that is recorded.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 77, Against 46, Abstentions 1.
Amendment 42 agreed to.
Amendments 215 and 216 moved—[Sue Webber]—and agreed to.
Amendment 217 moved—[Sue Webber].
The question is, that amendment 217 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Choudhury, Foysol (Lothian) (Ind)
Dowey, Sharon (South Scotland) (Con)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Webber, Sue (Lothian) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Simpson, Graham (Central Scotland) (Reform)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Wells, Annie (Glasgow) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Abstentions
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Boyack, Sarah (Lothian) (Lab)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
The result of the division is: For 40, Against 76, Abstentions 5.
Amendment 217 disagreed to.
Amendment 43 moved—[Liam McArthur].
The question is, that amendment 43 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Boyack, Sarah (Lothian) (Lab)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 74, Against 48, Abstentions 2.
Amendment 43 agreed to.
Amendment 10 moved—[Jackie Baillie]—and agreed to.
Amendment 218 moved—[Brian Whittle].
The question is, that amendment 218 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Abstentions
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Villalba, Mercedes (North East Scotland) (Lab)
The result of the division is: For 56, Against 63, Abstentions 5.
Amendment 218 disagreed to.
Amendment 219 not moved.
Amendment 220 moved—[Stephen Kerr].
The question is, that amendment 220 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Briggs, Miles (Lothian) (Con)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Slater, Lorna (Lothian) (Green)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Boyack, Sarah (Lothian) (Lab)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Chapman, Maggie (North East Scotland) (Green)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Harper, Emma (South Scotland) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Abstentions
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
The result of the division is: For 87, Against 27, Abstentions 9.
Amendment 220 agreed to.
Amendment 99 moved—[Sue Webber].
The question is, that amendment 99 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Briggs, Miles (Lothian) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Simpson, Graham (Central Scotland) (Reform)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Abstentions
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 58, Against 65, Abstentions 1.
Amendment 99 disagreed to.
Amendment 11 moved—[Jackie Baillie]—and agreed to.
I remind members that, if amendment 100 is agreed to, I will be unable to call amendments 12 to 16, due to pre-emption.
Amendment 100 moved—[Sue Webber].
The question is, that amendment 100 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
McCall, Roz (Mid Scotland and Fife) (Con)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
O’Kane, Paul (West Scotland) (Lab)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Simpson, Graham (Central Scotland) (Reform)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Abstentions
Arthur, Tom (Renfrewshire South) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 44, Against 76, Abstentions 4.
Amendment 100 disagreed to.
Amendment 12 moved—[Stuart McMillan].
The question is, that amendment 12 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 78, Against 44, Abstentions 2.
Amendment 12 agreed to.
Amendments 13 to 15 moved—[Stuart McMillan]—and agreed to.
Amendment 16 moved—[Stuart McMillan].
The question is, that amendment 16 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Simpson, Graham (Central Scotland) (Reform)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 75, Against 48, Abstentions 1.
Amendment 16 agreed to.
16:45
Amendment 221 moved—[Brian Whittle].
The question is, that amendment 221 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Briggs, Miles (Lothian) (Con)
Brown, Siobhian (Ayr) (SNP)
Choudhury, Foysol (Lothian) (Ind)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Ewing, Fergus (Inverness and Nairn) (Ind)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
McKee, Ivan (Glasgow Provan) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Villalba, Mercedes (North East Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Arthur, Tom (Renfrewshire South) (SNP)
Boyack, Sarah (Lothian) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 14, Against 104, Abstentions 5.
Amendment 221 disagreed to.
Amendment 101 moved—[Liam McArthur].
The question is, that amendment 101 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Wells, Annie (Glasgow) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Baker, Claire (Mid Scotland and Fife) (Lab)
Choudhury, Foysol (Lothian) (Ind)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Gosal, Pam (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Simpson, Graham (Central Scotland) (Reform)
Stevenson, Collette (East Kilbride) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Webber, Sue (Lothian) (Con)
White, Tess (North East Scotland) (Con)
Abstentions
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Balfour, Jeremy (Lothian) (Ind)
Carson, Finlay (Galloway and West Dumfries) (Con)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Matheson, Michael (Falkirk West) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Ross, Douglas (Highlands and Islands) (Con)
The result of the division is: For 93, Against 19, Abstentions 11.
Amendment 101 agreed to.
Amendment 102, in the name of Neil Gray, has already been debated with amendment 90. I remind members that, if amendment 102 is agreed to, amendment 222 will be pre-empted.
Amendment 102 moved—[Neil Gray].
The question is, that amendment 102 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Eagle, Tim (Highlands and Islands) (Con)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Stevenson, Collette (East Kilbride) (SNP)
White, Tess (North East Scotland) (Con)
Abstentions
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Boyack, Sarah (Lothian) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Matheson, Michael (Falkirk West) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
O’Kane, Paul (West Scotland) (Lab)
The result of the division is: For 99, Against 15, Abstentions 9.
Amendment 102 agreed to.
As amendment 102 has been agreed to, amendment 222 has been pre-empted.
Amendment 103, in the name of Neil Gray, has already been debated with amendment 90. I remind members that, if amendment 103 is agreed to, amendments 104, 105 and 223 will be pre-empted.
Amendment 103 moved—[Neil Gray].
The question is, that amendment 103 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Wells, Annie (Glasgow) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Baillie, Jackie (Dumbarton) (Lab)
Boyack, Sarah (Lothian) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Hoy, Craig (South Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Webber, Sue (Lothian) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Abstentions
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Johnson, Daniel (Edinburgh Southern) (Lab)
Matheson, Michael (Falkirk West) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Ross, Douglas (Highlands and Islands) (Con)
The result of the division is: For 96, Against 18, Abstentions 9.
Amendment 103 agreed to.
Since amendment 103 has been agreed to, I cannot call amendments 104, 105 and 223, due to pre-emption.
After section 15
Amendment 44 moved—[Bob Doris].
The question is, that amendment 44 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Baillie, Jackie (Dumbarton) (Lab)
Bibby, Neil (West Scotland) (Lab)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Eagle, Tim (Highlands and Islands) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Griffin, Mark (Central Scotland) (Lab)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Villalba, Mercedes (North East Scotland) (Lab)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 16, Against 103, Abstentions 4.
Amendment 44 disagreed to.
Amendment 106 moved—[Sue Webber].
The question is, that amendment 106 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Simpson, Graham (Central Scotland) (Reform)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Abstentions
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Sturgeon, Nicola (Glasgow Southside) (SNP)
The result of the division is: For 54, Against 67, Abstentions 3.
Amendment 106 disagreed to.
Section 16—Final statement
Amendment 224 moved—[Audrey Nicoll].
The question is, that amendment 224 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Constance, Angela (Almond Valley) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Greene, Jamie (West Scotland) (LD)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Lumsden, Douglas (North East Scotland) (Con)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greer, Ross (West Scotland) (Green)
Harper, Emma (South Scotland) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Abstentions
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 77, Against 47, Abstentions 1.
Amendment 224 agreed to.
Section 17—Death certification
Group 11 is on death certification. Amendment 45, in the name of Liam McArthur, is grouped with amendments 46, 47 and 225. I point out that, if amendment 47 is agreed to, I cannot call amendment 225, due to pre-emption.
Could those members who are leaving the chamber please do so quickly, without lots of chats?
My amendments 45, 46 and 47, lodged following collaboration with the Scottish Government, address issues raised by National Records of Scotland and Public Health Scotland. Taken together, they would amend section 17, on death certification.
My amendments would ensure that the medical certificate of cause of death would refer to the person’s underlying terminal illness and the use of an approved substance in an assisted death. That amends the provisions agreed at stage 2 that mandated that the cause of death be recorded as the terminal illness and that the use of an approved substance be recorded as “other relevant medical information”.
I have been clear throughout that the death certificate must record both the illness or condition that the terminally ill adult had and the approved substance that was provided and used by the person to end their life. My preference was that the illness should be recorded as the primary cause of death, with the substance also noted and recorded on the death certificate.
I recall some of the exchanges that we had on the issue at stage 2. Liam McArthur will be aware that I suggested at stage 2 that, although it would be important to record on the death certificate the illness or the terminal illness that the person lived with, it should also be recorded that the person died by assisted dying. Can the member say whether it will be noted that the substance was used uniquely in that circumstance? If it is not to be noted that it was used uniquely in that circumstance, does the member agree that that will leave a gap in the data, which will therefore not necessarily accurately record the number of assisted deaths in Scotland?
Pam Duncan-Glancy is absolutely right that there was extensive debate at stage 2 between us about that, but other members, understandably, had concerns and questions about how that would work in practice. I have always been clear that the death certificate would have to contain information on the underlying condition and the substance.
On data gathering, in order to understand the extent to which the choice is being accessed and who is accessing it—in discussing later groupings, we will come on to the other data that Public Health Scotland will need to gather as part of that reporting function under the bill—we need to capture how many people are accessing assisted death, while anonymising the data, for obvious reasons. I am sure that Pam Duncan-Glancy would agree with that.
However, I recognise the concerns that have been raised about how the current provision would work and the potential impact on data collection—as I say, those concerns were raised by National Records of Scotland and Public Health Scotland. I understand that, from a practical perspective, there may be other ways of managing the issue to ensure that there is no adverse impact on current data recording or reporting on terminal illnesses. As Pam Duncan-Glancy will recall, that issue was very much part of the debate at stage 2.
Can Liam McArthur confirm whether a post-death review will be required in every case following the recording of a death and who, in those circumstances, will conduct the review? I ask that because, as the member may be aware, in the case of the Isle of Man bill, the lack of compulsory post-death reviews has been raised by the UK Ministry of Justice as being potentially non-compliant with human rights obligations under article 2 of the European convention on human rights. I would appreciate the member’s response on that.
Again, Michael Marra may recall that we discussed that issue at stage 2. I am not sure whether he was part of the evidence sessions over five or six weeks of stage 1, but the committee heard reassurance from the Crown Office on the interaction that it would have, certainly over the first five-year period leading up to the review, and that the post-death review process would be fairly rigorous. At the five-year review point, there would be an opportunity to look at whether additional steps on data gathering needed to be taken. I agree that being less prescriptive may be beneficial and would allow those with relevant expertise to determine the best way of achieving the aims of the bill.
17:00
Stephen Kerr’s amendment 225, which is pre-empted by my amendment 47, would ensure that the death certificate explicitly stated that the death occurred as a result of assisted dying using an approved substance. I understand and acknowledge the issue, but I remain of the view that the most transparent and accurate thing to do is to record both the terminal illness and the use of the substance on the death certificate, as is provided for by amendment 46.
I appreciate that this is a strange thing to request, but the member has suggested that amendments in other groups might supersede what is in the bill at the moment, which he is seeking to change with amendment 46. If we are going to make a decision on amendment 46, I need to understand what those changes might be, because, as things stand, I am not entirely persuaded.
I appreciate the difficulty, which we saw in an earlier group in relation to Ross Greer’s amendments. Section 17 already sets out a fairly robust process for the gathering of data on assisted deaths, but I appreciate that members are looking for further information to be added to the reporting process. I think that what Jamie Hepburn is looking for is already in the bill. As I said in response to Pam Duncan-Glancy, there will be further requirements in relation to the information that Public Health Scotland may be required to seek, depending on the outcome of the votes on my amendments.
I move amendment 45.
Amendment 225, in my name, is different from the amendments in the name of Liam McArthur in that it calls for the recording of the death to be explicitly explained in the context of assisted dying. I respect the fact that members will approach the wider issue of assisted dying from different perspectives. However, whatever view we take on that larger question, we should be able to agree that the official record of death should be clear and honest about how that death came about. If Parliament is being asked to create a lawful process for assisted dying, the public record should reflect that reality clearly and honestly. If the law changes how life may end, the least that we can do is ensure that the record of death tells the truth about what happened. Liam McArthur’s amendment 46 simply says that
“the medical certificate of cause of death is to refer to both the terminal illness and the use of an approved substance”,
which disguises how that second part came about. To me, that is not technical—it is about getting to the heart of trust in how the law should operate.
To flesh out the issue, if we are looking at statistical significance and the prevalence of disease, we should not lose sight of what the primary cause of death would have been, which is the underlying condition. Mr McArthur’s amendment 46 would allow assisted dying to be put alongside the primary cause of death, but for medical purposes it is important that we understand the prevalence of disease across the population.
I cannot dispute that, but the substance that ultimately killed the patient, whose death was brought about through assisted dying, is also statistically relevant. My amendment 225 would bring a clarity that does not exist in Liam McArthur’s proposal alone. I acknowledge what is being said, but we need to be very clear. Clarity on what appears on the death certificate is very important, and the current phrasing in the bill, before we vote on amendments, is vague. That is accepted by Liam McArthur and others.
I think that Elena Whitham makes a really good point. Just for absolute clarity, would Stephen Kerr’s amendment allow for the underlying condition to still be registered on the death certificate?
Yes, it would. That is my intention. I wish to be as collegiate and consensual in my approach to this as possible, because of the sensitive nature of the issue that we are dealing with. I think that it is also important to be explicit that the substance was administered through an assisted death. I do not think that ambiguity in this respect is helpful at all.
The reality is that death certificates are a vital part of the official record of our society. Families, clinicians and public authorities rely on them, and they tell us plainly how a person’s life came to an end. It is important that we are honest about that, and the clear wording that I am proposing would remove any doubt. It would give clinicians certainty about what must be recorded and ensure that deaths are documented in a way that is consistent with the law that is passed by this Parliament.
The wider issue, which I will rehearse one last time before I conclude, is that, if assisted dying becomes lawful in Scotland, the public will rightly expect openness about how the law operates. Accurate death certification is an essential part of that transparency. It ensures that statistics are reliable, that the impact of the law can be properly understood and that nothing is hidden behind vague language. Amendment 225 would simply ensure that, where assisted dying has taken place lawfully, that fact is recorded openly and accurately. For legislation that deals with matters of life and death, such a level of clarity is not excessive; it is simply responsible law making.
I have listened to Liam McArthur, Elena Whitham and Stephen Kerr on this point. It is obviously important that we record the underlying illness, because that is the condition that the person expected to die from. However, it is also important for us to note that an assisted death caused their death at that moment, otherwise we risk recording the death slightly inaccurately. If we say that the underlying condition caused the death at that moment but it did not do so and it was the assisted death that caused the death at that moment, we could be skewing some data.
I know that this point sounds technical, but that information would be really helpful not just for families, but to allow us to properly understand the course of a particular underlying condition and the likelihood of death from it. That is really important. On that basis, I think that Stephen Kerr’s amendments are stronger, because they gather all of that information.
I take Liam McArthur’s point that there are other reporting requirements laid out in amendments that we will debate later. Those are necessary, and they are also anonymised, which is also necessary. However, families must understand what happened to the person, and the death certificate is important in that regard.
I urge members to consider carefully both amendment 46 and amendment 225. My preference would be that we record both the underlying condition and the fact that it was an assisted death using a substance, not just the use of a substance and the underlying condition.
I will first speak to Liam McArthur’s amendments 45, 46 and 47. At stage 2, we expressed concern about the prescriptiveness of the provisions on death certification and the effect that that could have on data collection. We have therefore prepared the amendments for Liam McArthur. From a deliverability perspective, the amendments would give those responsible for data collection and reporting the flexibility to determine the best way of ensuring that both the terminal illness and the fact that somebody has had an assisted death are appropriately recorded in the death certificate without negatively impacting mortality data.
With amendment 225, we would still have the problem of the bill being too prescriptive regarding how that information is to be recorded, with potential impacts for data gathering that the other amendments in the group are seeking to resolve.
I call Liam McArthur to wind up and to press or withdraw amendment 45.
I start by thanking Stephen Kerr and Pam Duncan-Glancy in particular, as well as Elena Whitham, for their contributions to the short debate on this group of amendments and for the tone in which they sought to prosecute their arguments, which reflected the debate at stage 2.
I do not think that there is any dispute about the public interest in having the fullest possible information and understanding of what is happening, both the underlying condition—for the reasons that Elena Whitham set out clearly—and the fact that the death was an assisted death. However, as well as resting on the cabinet secretary’s argument about where the decisions on how that information is properly captured and framed best lie, as I said in my earlier contribution, I think that that is better left to others to determine. However, it is abundantly clear that the expectation is that both the elements that Pam Duncan-Glancy emphasised will be captured. It may be of reassurance to Stephen Kerr and Pam Duncan-Glancy that, in my discussions with the chief medical officer earlier in the bill’s process, I was given some reassurance that the coding that they would use, and which they are used to using, for this process would allow the fact that a death was an assisted death to be properly captured.
In relation to the data gathering by Public Health Scotland that I referred to, and in trying to belatedly respond to Jamie Hepburn’s earlier intervention, I point out that section 24(2)(d) says that the reported information would include,
“in relation to persons who were provided with an approved substance by virtue of section 15(1) … the substance so provided, and … where the person died as a result of using that substance, the type of place where the death took place (that is, in the person’s home, in a hospital, in a hospice and the like)”.
It may be that further information is added into that process, and I recognise that that is not the death certificate, but it is certainly relevant to our having a clear understanding of how this is working and who is choosing an assisted death.
Because we are making here—to say the least—a landmark piece of legislation, we have to consider all the options. It is not impossible that, down the line, some of the substance ends up in the hands of people who self-administer it, but not on the basis of the legal process that is outlined in the bill. We must be able to clearly demark a death that has come about through the assisted death process that will fall under this law, if it is passed, as opposed to a death in which someone may have taken the substance who should not have been in possession of it. How would that be accounted for unless it states very clearly on the death certificate that a death came about through assisted dying, as opposed to some other means? I hope that the member understands the spirit in which I am offering this concern, on which amendment 225 is based. We need to be clear about how it came about that an individual took the substance in the first place.
I accept the genuine way in which Stephen Kerr is arguing his case. As I said, I perfectly understand the motivation behind wishing to ensure the transparency that he spoke of in his earlier contribution. I can give him the reassurance that, by framing the legislation the way that I have suggested, as the cabinet secretary has articulated, it would be left to those who are used to developing data gathering to identify ways of doing that in a proportionate fashion. As I said, in discussions with me, the chief medical officer was very clear that the coding already allows for that sort of information to be properly captured. That is what we are looking to have done, and I think that, through my amendments, that would be achieved.
In the chamber, we often discuss the collection and interrogation of data and how important that is. When the Health, Social Care and Sport Committee was producing its report on the bill, we were looking for data from across the world. Liam McArthur’s amendments and Stephen Kerr’s amendment might not be in contest with each other; it is perfectly feasible to pass them all. Given what the bill is intended to do, it is important that we have clear data that we can interrogate.
17:15
Brian Whittle makes an entirely reasonable and fair point about where we want to get to. We are trying to determine how best to do that and where that decision is best left. The intent is absolutely clear. From the conversations that I have had with the chief medical officer, that is what they would expect as well.
[Made a request to intervene.]
I will not take the intervention, if Mr Kerr does not mind.
The intent is absolutely clear, but leaving the matter to the people who are best able to come up with a way of capturing the information that we are intent on capturing—the underlying condition, the substance that is used and the fact that it is an assisted death—is the most appropriate way to proceed.
I am quite attracted to the Government’s explanation that amendments 45 to 47 would provide a less prescriptive and more flexible opportunity for data to be collected. Does that flexibility extend to being able not to mention that a death has been a result of assisted dying? It might be unfair to ask Liam McArthur this, but in what circumstances would a medical practitioner want to exclude that reason from the data? Can he help?
I am not sure that I can. I understand the rationale for trying to explore a variety of scenarios, but it is difficult to envisage a situation in which what Mr Brown suggests would be the case, given the protections that are already in the bill and the continued data gathering that would be required. Some of that has been enhanced by amendments that we have agreed to over the past couple of days. If there were any concerns in that respect, those would best be picked up in the development of the way in which we gather the data that all of us appreciate needs to be gathered in order to maintain robust and resilient gathering on different conditions and capture the fact that substances will be used for a process that will, by that stage, be legal.
I press amendment 45.
The question is, that amendment 45 be agreed to. Are we agreed?
Members: No.
There will be a division.
The vote is closed.
On a point of order, Presiding Officer. I could not connect. I would have voted no.
Thank you, Dr Allan. Your vote will be recorded.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 76, Against 42, Abstentions 2.
Amendment 45 agreed to.
Amendment 46 moved—[Liam McArthur].
The question is, that amendment 46 be agreed to. Are we agreed?
Members: No.
There will be a division.
The vote is closed.
On a point of order, Presiding Officer, I could not connect to the voting system. I would have voted yes.
Thank you, Mr Gibson. Your vote will be recorded.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For, 77, Against 42, Abstentions 2.
Amendment 46 agreed to.
I remind members that, if amendment 47 is agreed to, I cannot call amendment 225 due to pre-emption.
Amendment 47 moved—[Liam McArthur].
The question is, that amendment 47 be agreed to. Are we agreed?
Members: No.
There will be a division.
The vote is closed.
On a point of order, Presiding Officer, I would have voted yes.
Thank you, Ms Burgess. Your vote will be recorded.
On a point of order, Presiding Officer, I would have voted yes.
Thank you, Mr Carson. Your vote will be recorded.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gallacher, Meghan (Central Scotland) (Con)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McLennan, Paul (East Lothian) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Balfour, Jeremy (Lothian) (Ind)
Choudhury, Foysol (Lothian) (Ind)
Dowey, Sharon (South Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Kerr, Stephen (Central Scotland) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Webber, Sue (Lothian) (Con)
Whittle, Brian (South Scotland) (Con)
Abstentions
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For, 98, Against 19, Abstentions 3.
Amendment 47 agreed to.
Amendment 225 will not be called because of the pre-emption.
Section 18—Conscientious Objection
Amendment 226 moved—[Pauline McNeill].
The question is, that amendment 226 be agreed to. Are we agreed?
Members: No.
There will be a division.
The vote is closed.
On a point of order, Presiding Officer, my voting app would not connect. I would have voted yes.
Thank you, Mr Whittle. Your vote will be recorded.
For
Baillie, Jackie (Dumbarton) (Lab)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Duncan-Glancy, Pam (Glasgow) (Ind)
Golden, Maurice (North East Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Whitfield, Martin (South Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Baker, Claire (Mid Scotland and Fife) (Lab)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
O’Kane, Paul (West Scotland) (Lab)
Villalba, Mercedes (North East Scotland) (Lab)
The result of the division is: For, 16, Against 99, Abstentions 6.
Amendment 226 disagreed to.
Amendment 227 moved—[Jeremy Balfour].
The question is, that amendment 227 be agreed to. Are we agreed?
Members: No.
There will be a division.
The vote is closed.
On a point of order, Presiding Officer, my voting app would not connect. I would have voted yes.
Thank you, Ms McNair. Your vote will be recorded.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Abstentions
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Webber, Sue (Lothian) (Con)
The result of the division is: For, 46, Against 72, Abstentions 4.
Amendment 227 disagreed to.
Amendment 228 moved—[Stephen Kerr].
The question is, that amendment 228 be agreed to. Are we agreed?
Members: No.
There will be a division.
The vote is closed.
On a point of order, Presiding Officer. My app froze again. I would have voted no.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Choudhury, Foysol (Lothian) (Ind)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Golden, Maurice (North East Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sweeney, Paul (Glasgow) (Lab)
Webber, Sue (Lothian) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Eagle, Tim (Highlands and Islands) (Con)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Sarwar, Anas (Glasgow) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Wells, Annie (Glasgow) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Abstentions
Baker, Claire (Mid Scotland and Fife) (Lab)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carson, Finlay (Galloway and West Dumfries) (Con)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Mountain, Edward (Highlands and Islands) (Con)
Villalba, Mercedes (North East Scotland) (Lab)
The result of the division is: For 27, Against 83, Abstentions 10.
Amendment 228 disagreed to.
Amendment 107 moved—[Liam McArthur].
The question is, that amendment 107 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Webber, Sue (Lothian) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Stevenson, Collette (East Kilbride) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Abstentions
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Balfour, Jeremy (Lothian) (Ind)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carson, Finlay (Galloway and West Dumfries) (Con)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
The result of the division is: For 78, Against 30, Abstentions 13.
Amendment 107 agreed to.
After section 18
Amendment 17 moved—[Daniel Johnson].
The question is, that amendment 17 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Constance, Angela (Almond Valley) (SNP)
Dowey, Sharon (South Scotland) (Con)
Eagle, Tim (Highlands and Islands) (Con)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Golden, Maurice (North East Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Lumsden, Douglas (North East Scotland) (Con)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Marra, Michael (North East Scotland) (Lab)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Whitfield, Martin (South Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McLennan, Paul (East Lothian) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Adamson, Clare (Motherwell and Wishaw) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Balfour, Jeremy (Lothian) (Ind)
Carson, Finlay (Galloway and West Dumfries) (Con)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
White, Tess (North East Scotland) (Con)
The result of the division is: For 45, Against 66, Abstentions 9.
Amendment 17 disagreed to.
Amendment 229 moved—[Jackie Baillie].
The question is, that amendment 229 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Dowey, Sharon (South Scotland) (Con)
Eagle, Tim (Highlands and Islands) (Con)
Findlay, Russell (West Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
O’Kane, Paul (West Scotland) (Lab)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sweeney, Paul (Glasgow) (Lab)
Webber, Sue (Lothian) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Wells, Annie (Glasgow) (Con)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Abstentions
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
The result of the division is: For 34, Against 76, Abstentions 8.
Amendment 229 disagreed to.
Amendment 230 moved—[Stephen Kerr].
17:30
The question is, that amendment 230 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Choudhury, Foysol (Lothian) (Ind)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Golden, Maurice (North East Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Stevenson, Collette (East Kilbride) (SNP)
Sweeney, Paul (Glasgow) (Lab)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Sarwar, Anas (Glasgow) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Wells, Annie (Glasgow) (Con)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Boyack, Sarah (Lothian) (Lab)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carson, Finlay (Galloway and West Dumfries) (Con)
Dowey, Sharon (South Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Webber, Sue (Lothian) (Con)
The result of the division is: For 27, Against 83, Abstentions 11.
Amendment 230 disagreed to.
Amendment 231 moved—[John Mason].
The question is, that amendment 231 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Choudhury, Foysol (Lothian) (Ind)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Golden, Maurice (North East Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Regan, Ash (Edinburgh Eastern) (Ind)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Stevenson, Collette (East Kilbride) (SNP)
Swinney, John (Perthshire North) (SNP)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Wells, Annie (Glasgow) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Baker, Claire (Mid Scotland and Fife) (Lab)
Boyack, Sarah (Lothian) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Eagle, Tim (Highlands and Islands) (Con)
Matheson, Michael (Falkirk West) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
O’Kane, Paul (West Scotland) (Lab)
Webber, Sue (Lothian) (Con)
The result of the division is: For 27, Against 88, Abstentions 8.
Amendment 231 disagreed to.
Amendment 232 moved—[Paul O’Kane].
The question is, that amendment 232 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Constance, Angela (Almond Valley) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Abstentions
Mountain, Edward (Highlands and Islands) (Con)
Villalba, Mercedes (North East Scotland) (Lab)
The result of the division is: For 58, Against 62, Abstentions 2.
Amendment 232 disagreed to.
Section 18A—No duty to raise assisted dying
That takes us to group 12, which is on raising assisted dying. Amendment 18, in the name of Daniel Johnson, is grouped with amendments 233, 19, 234, 235, 242, 243, 49 and 244 to 246. If amendment 233 is agreed to, I cannot call amendment 19 due to pre-emption.
At the start of stage 3 proceedings, I set out that the Parliament has a choice about whether it wants an expansive bill that permits certain acts, or a restrictive bill that puts in place safeguards and allows those acts to be taken only by exception. My amendments in this group are critical to that and follow on from similar amendments that were lodged at stage 2.
Whether the matter of assisted dying is raised as a matter of course in dialogue with one’s doctor, or raised only when an individual brings it up first, is a critical issue. I note that the amendments in the names of Brian Whittle and Jeremy Balfour have similar intent and effect.
Amendments 18 and 19 would make two simple, straightforward changes to section 18A. Section 18A(1) would be amended to say that
“No registered medical practitioner may raise the subject of the provision of assistance in accordance with this Act with a person”
and section 18A(2) would go on to say that
“nothing in subsection (1) would prevent a registered medical practitioner from discussing the matter with a person when the matter is raised by that person.”
That would make it clear that this is about ensuring that the matter is discussed only when an individual chooses to raise it, that it is not proactively offered and that it does not become the norm or part of medical practice—it is by exception and requires clear intent from the patient.
I move amendment 18.
Daniel Johnson and I are in complete agreement on this issue. The relationship between a doctor and a patient is unique and involves complete trust. It is my moral view that there is no situation in which a doctor should discuss assisted dying with a patient unless the patient has first brought it up as an option that they would like to consider.
If we agree that the decision is the patient’s alone and that we want to avoid any coercion, however inadvertent, no one can introduce assisted dying into a conversation without the possibility of coercion, however unintended, becoming part of that.
If we do not agree to my amendments 233 and 234, we are saying that it is okay for the healthcare profession to offer the option of palliative care and social care and then say that the person can also consider assisted dying. There are no circumstances in which that can be allowed.
Amendment 233 would remove the section that allows registered medical practitioners to initiate a discussion of assisted dying with a terminally ill patient. Amendment 234 clarifies that healthcare professionals may participate in discussions on assisted dying only when a terminally ill adult initiates that conversation.
I am very sympathetic to Brian Whittle’s amendments. I have two questions. First, in conversations with medical professionals, what did he hear from them about the burden on them to determine when to offer assisted dying alongside other medical options? Secondly, does he have concerns about what an offer of assisted dying being given at the point of diagnosis, for example, when someone is feeling most vulnerable, would do to them?
I will take the second question first. That is when the patient is at their most vulnerable. However, in my view, there are no circumstances in which assisted dying can be brought up by healthcare professionals.
In answer to the first question, it concerns me that the British Medical Association is against my amendments and thinks that it should be left to healthcare professionals to decide whether to raise the subject.
I have worked with the BMA on a number of amendments to the bill. Professional judgment is really important. I wonder what the member would say about the areas in which the BMA wants professionals to be allowed to make judgments. Each and every one of us will have private conversations with medical professionals and we expect them to make judgments based on their professional capacity.
I have had similar conversations about professional judgment, but that does not mean that the BMA is right or that we should accept that professional judgment should be initiated in that particular instance.
I say again that the very act of introducing the idea of assisted dying into a conversation is, in and of itself, potentially coercive. It is my strong view that there is no circumstance in which anyone—let alone a medical professional in the unique and trusted relationship between patient and doctor—should discuss the idea of assisted dying unless the patient requests it.
I call Jeremy Balfour to speak to amendment 235 and other amendments in the group.
I rise to speak along similar lines to those taken by my colleagues. We are debating an important group of amendments. We must ensure that there are strong and secure safeguards, that there is professional accountability and, most importantly, as Mr Whittle said, that there is protection for patients in the bill.
Amendment 235 addresses a critical point about the initiation of any discussion of assisted dying. I absolutely agree with Mr Whittle so, if members are not minded to support my amendments, I urge them to support those from Mr Johnson and Mr Whittle because, taken together, they would strengthen the bill.
The law must ensure that only the individual can raise the subject of assisted dying. Allowing healthcare professionals to introduce that topic without boundaries could be subtle coercion, particularly for vulnerable individuals, and could influence someone to consider assisted dying when they had had no prior intention of that. We previously heard from Mr Carson about a situation in which his mother had a proposition put to her by a doctor and followed it because he was the doctor and he would know best. I fear that that could happen here.
I would argue that giving people access to information is not coercion. Similar restrictions were initially introduced in New Zealand and Australia, but they are now looking to reverse those restrictions because they severely prohibit patients’ access to information. It seems very unfair that they should not be given that choice.
I am not against patients getting information. The point that I am trying to make is about who starts the conversation about getting the information. That is the subtle difference.
Does Jeremy Balfour agree that there is no intention to restrict access to information and that what matters is how that information is initially initiated, if that is a phrase? The information would be there, if the patient requested it.
That is the key point. It is about who initiates the conversation. Amendment 235 would provide clarity for medical practitioners on compliance and accountability, and it would align with the concerns that the royal colleges and other professional bodies have raised in correspondence that we have all seen. Ending a life is the most serious decision that we can imagine and we need safeguards around it.
Amendments 245 and 246 focus on—
17:45
Will the member take an intervention?
Will the member take an intervention?
I will just finish my sentence and I will then give way to both gentlemen.
Amendments 245 and 246 focus on professional accountability in relation to child safeguarding and end-of-life care.
I am very sympathetic to the arguments that have been deployed by Mr Johnson, Mr Whittle and, to an extent, Mr Balfour. However, I am slightly confused, or conflicted—that is probably a better term—by amendment 243, whereby a medical practitioner would have to “end the conversation immediately” if a young person under the age of 18 raised the subject of assistance to end their life. What would that mean in practice? Presumably, such a young person would be very vulnerable and in circumstances of distress. The notion that a medical practitioner would have to “end the conversation immediately”, if taken at its literal face value, does not sit well with me.
If the member will let me progress a wee bit further, I will cover that. However, I will take Mr Briggs’s intervention first.
I note that Jeremy Balfour referenced the conversation that Finlay Carson mentioned previously. Medics have conversations with patients—often very ill patients—about “Do not resuscitate” orders, especially before they have surgery, if they might have to be resuscitated by medical professionals. Would Jeremy Balfour also not want those conversations to be able to take place? That would be concerning. We need to allow medical professionals to exercise their judgment, and I support people making sure that their views are known, as is currently the case, in relation to “Do not resuscitate” orders. I am not sure what his view is on those processes, which we already have in place, for medical professionals and patients.
We could spend the next however many hours discussing “Do not resuscitate” orders. During Covid, many constituents contacted me about the matter and I was deeply worried by the stories that I heard about the absolute desire of doctors to put people on such orders without any discussion. We need to look at that, but on another day.
On assisted dying, I still think that it would be unnecessary for the doctor to start the conversation. DNRs are different. I think that, where somebody wants to start that conversation, they will do so. I do not think that we need the doctor to do it.
I am sorry to labour the point, but a “Do not resuscitate” order is different from someone saying, “I want to access assisted dying.” People have conversations about “Do not resuscitate” orders when they are going into complex medical procedures that might leave them incapacitated and where, unless they are resuscitated, they will die. We are talking about a person requesting an assisted death. Those are two completely separate things.
rose—
I want to make some progress, but I will take a final intervention from the Deputy First Minister.
Presiding Officer, forgive me for talking, through Jeremy Balfour, to the general point. For me, this goes to the absolute heart of a concern that constituents have raised with me frequently, which is that assisted death would be offered at the point where a patient was feeling most in shock or stunned about their diagnosis—and perhaps, considering how we have amended the bill, about their prognosis. For a doctor to offer assisted death as one option of many interventions seems to me to be an extremely difficult thing. I have heard from a number of individuals who have had cancer diagnoses, and they are concerned that assisted death would be offered at the precise moment when the person is feeling most vulnerable.
My second question is for the health secretary, if he is able to respond to it. I understand that doctors are under an obligation to provide all options at the point of diagnosis. Would Mr Balfour’s amendments change the long-established position whereby a doctor must offer all options? If assisted dying becomes law, that position would mean that a doctor would be under an obligation to offer assisted dying at the point at which a patient was most in shock and was feeling most vulnerable.
I will leave it to the cabinet secretary to answer Ms Forbes’s second question.
Brian Whittle and the Deputy First Minister have raised interesting issues. When I went to hospital appointments—which I did on numerous occasions—as a young child, and even when I was a teenager, my father would often go with me. I do not think that many members met my father, who was a senior partner in a legal firm. He was a pretty scary individual but, as soon as the consultant said something, he would accept that that was the decision. My father—an educated individual—listened to the doctor. I do not think that members who have not had hands-on experience of receiving lots of medical advice have a clear understanding of the extent to which people take as gospel what the doctor tells them.
Will Jeremy Balfour give way?
I will come back to Mr Allan after I have made a wee bit of progress.
I want to cover the situation of younger people as well. My amendment 245 would provide that, under section 20B, a doctor or health professional may face disciplinary action ranging from a warning or censure to temporary suspension.
My amendments in this group seek to clarify what would constitute a breach of the act and would enforce statutory responsibility. I am seeking not to punish honest mistakes but to guarantee that serious lapses that put patients or children at risk would be met with proportionate and transparent consequences. As I said, I believe that the public must be able to trust that the safeguards in the bill are absolute if it is to be passed.
I will take Mr Allan’s intervention.
I thank Jeremy Balfour for his generosity in taking interventions.
I hope that the concerns that Ms Forbes has raised might be addressed in some of the amendments that we are discussing today, not least Mr Johnson’s amendments.
I return to the question that Mr Hepburn asked about why your amendment 243 contains a phrase about stopping the conversation instantly. Why would that be helpful?
Always speak through the chair.
Amendment 244 seeks to complement the proposed protections by removing
“under the age of 18”
from section 20B. Safeguarding professional accountability should not be age limited.
Young adults face vulnerabilities that are similar to those that are faced by minors. It is ethically and clinically necessary that all patients are afforded the same standards of oversight and protection. Removing that arbitrary boundary would ensure consistent application of professional duties and patient safeguards.
To address the issue that was raised by Alasdair Allan and Jamie Hepburn, what I understand “end the conversation immediately” to mean—and what I think doctors would understand it to mean—is that the doctor would not simply stop the conversation and move on to the next subject, but they would not go into the subject in great detail and would not continue a conversation about it at that point. I think that doctors would understand that requirement and would be able to follow it.
Although many of us are sympathetic to what Jeremy Balfour is saying, I want to gently test something with him. What is his response to what Brian Whittle revealed about the BMA’s position with regard to doctors and their conduct with their patients?
The BMA will have to respond to the law that is brought forward. We are here to make the law, and the BMA will respond to that. I trust that it will do so appropriately.
Will Mr Balfour give way?
To be fair, Mr Balfour has been extremely generous in taking interventions, and I think that we should allow him to conclude his remarks.
I will try to conclude.
Amendment 243 sets out what should happen if a person under 18 raised the subject. It sets out that they must be referred to
“appropriate safeguarding and mental health services”,
that the interaction must be recorded and that the parents or guardians must be informed, if that would be safe. To pick up on a point that was made earlier, I note that that would be where the conversation would come to an end.
When a young person raises the idea of ending their life, that is not a clinical request but a moment of vulnerability that calls for support and care. My amendments would simply ensure that the law responded to such moments in a way that a compassionate society would want, with young people being protected and guided away from harm.
Deputy Presiding Officer, I appreciate that I have taken some time, and I am grateful for that time. I hope that members will accept my amendments, Mr Whittle’s amendments or Mr Johnson’s amendments, because, if we do not agree to any of those amendments, we will put some of the most vulnerable people in our society in a very dangerous position.
I call Jackie Baillie to speak to amendment 49 and other amendments in the group.
I will speak briefly only to amendment 49, which would simply update terminology so that reference to an “anticipatory” care plan would be replaced by reference to a “future” care plan. The amendment seems to enjoy the support of the bill’s sponsor, Liam McArthur, and the Scottish Government, so I trust that it will enjoy the support of all members.
This is only the second time that I have spoken in the debate, and I have lodged no stage 3 amendments, which is unusual for me.
This part of the bill troubles me more than most parts of it do. When is it appropriate to raise the issue of assisted dying? I do not support the bill, but, if it passes, we must ensure that the issue is raised at the right moment.
Let me be clear. I know that, when you get an adverse diagnosis, you are at your lowest ebb. Invariably, you have not listened to what you have been told, so you are reliant on members of your family to have listened with you. You do not have access to doctors and nurses afterwards. It might take you three or four weeks to get used to the diagnosis and to understand what it means. At that stage, you look for treatment options, and it is those treatment options that give you the confidence to go forward. Therefore, that is not the time—it never will be the time—to raise the issue of assisted dying.
The question is how we can legislate for that. Every time you go into hospital—I have been in a few recently—you are told about all the risks that you will face. You are told, “You could get a blood clot,” “You could get this,” or, “You could get that.” You are given options. I did not want, at that stage, to be given assisted dying as one of my options. Actually, it would not have been relevant to me, but if it had been relevant, I would not have wanted to have been given that option.
I think back to my mother, who died with breast cancer. It took six months for her to die. She did not want to approach death. She wanted to live. She would not have wanted a doctor to have raised with her the option of assisted dying at any stage during those six months. However, on her final day, when she knew that she was not going to go any further, she asked the doctor what the prognosis was. It was right that the doctor told her, and it would have been right, if the bill had been passed, for the doctor to have given her options. However, that is such a difficult thing to do.
I do not envy members making this decision, but we should be very careful to ensure that, when we decide when the right time is for a doctor to tell a patient about their options, it is the right time for the patient, not the right time for the bill, for the doctor or for anyone else. We cannot remove hope from the patient when we do that.
I call Pauline McNeill, who joins us remotely.
18:00
I want to make a short contribution on this group of amendments.
Doctors’ opinions are very influential, in my experience. It is also my experience that that can vary among different cultures. I appreciate that many members have looked at different jurisdictions and the legislation that applies there, but we should see the legislation in the context of our own culture. That is my experience: that doctors are very influential in our society.
It should be clear that a doctor’s opinion should not form any part of a diagnosis. That is a substantive issue in relation to the bill—which, as I have said on the record, I will not be supporting. However, if it is passed, I want to ensure that there are safeguards in it.
As we discussed yesterday, members of the medical profession will need to decide whether they wish to participate in the administration of assisted dying. In some ways, I feel that there could be a protection for those in the medical profession in the amendments in this group, because if it is clear that they will not be expected to introduce the option into the conversation, they will be asked not to. Those people’s function, as I understand it, will be to administer and assist a person who wishes to take their life.
It seems to me that, if the bill were to pass, a review would be the best way to decide whether or not there are omissions, but the current provision is absolutely wrong.
I agree that there is some confusion here with the “Do not resuscitate” policy, which was misused during Covid. That is an NHS policy question, as well as a medical question.
I also agree with what Kate Forbes said about patients being vulnerable. We must provide a safeguard because of that. The greatest safeguard here, in terms of the ethics of the legislation, is to ensure that we are safeguarding the profession with clarity on what is expected at this point in a person’s pathway to their diagnosis, should it be terminal.
I am very sympathetic to the amendments in this group, particularly that of Daniel Johnson. Although his is a brief amendment, there is a lot more light and shade in it than in some of the others. This debate is indeed about light and shade.
First, I do not believe that raising assisted dying is a neutral act by any clinician. It is not a neutral act. It cannot be. People can try to make it a neutral act as much as they possibly can, but I do not think that it ever can be. There is a strong argument that a doctor should never raise assisted dying with a patient. Rona Mackay—who I know has different perspectives on the bill—said that such protections have been included in some jurisdictions, and they are perhaps being reviewed. At least other jurisdictions that have passed assisted dying legislation thought that the proposed protection was important. That has been put on the record this afternoon.
[Made a request to intervene.]
I see that Stephanie Callaghan wishes to make an intervention.
Stephanie Callaghan, is your microphone on?
We cannot hear you. Have you double-checked that your microphone is on, Ms Callaghan?
We will have to come back to you, Ms Callaghan. Please continue, Mr Doris.
I apologise to Stephanie Callaghan that I cannot take her intervention at this time. I hope that she will get an opportunity to put the point that she wishes to make on the record.
I was making the point that raising assisted dying cannot be a neutral act. At least, if we want it to be a neutral act, we need serious, significant guidance and regulation in this area, and I do not think that that is possible as things stand.
This is the picture that I would paint. Someone goes to their doctor and says, “Doctor, I’ve had lots of treatments for my cancer. They’ve been successful for a while, but I’m now in pain on a daily basis. You say there’s no new breakthrough drug that I can use for it. I don’t feel that I’ve got any quality of life. Is there anything else you can do for me?” The doctor has done a palliative pathway, a pharmaceutical review and all the things that we might expect the doctor to do. “Doctor,” the patient says, “is there anything else that you can do for me?” I am not sure how I feel, in those circumstances, about how unethical it would be to say, “No, there’s nothing I can do for you, but I should make you aware of this other thing called assisted dying.”
I struggle with that. I see Brian Whittle shaking his head, but I struggle with that. I am conflicted in relation to that, which is the point that I am making to Brian Whittle. I have just put on record a completely artificial conversation that suits my interests within a debate. Every conversation between a doctor and patient will be different every day of the week. I do not know how we train the medical profession to get that balance right. I am conflicted on that, and I underline the fact that I do not think that raising the option of assisted dying is a neutral act, but it goes back to the light and shade comment that I wanted to make earlier with regard to how we do or do not provide the information.
Bob Doris highlights a very important issue. In that particular situation, which I do not think will be unheard of, all that a doctor should be able to do is tell the patient about medical interventions that are possible—for pain relief or whatever else—until assisted dying is requested. If we pass the bill, the availability of assisted dying will hardly be unknown across this country. For me, the doctor should not be able to raise assisted dying unless the patient asks for that information.
I appreciate that intervention, but I am merely putting on the record my conflict in relation to all of this. I do not know how we will pass the bill without much clearer guidance in those everyday reality situations. I was trying to relate that to Parliament, and Mr Whittle has responded to that. I was very worried to hear—
Will the member take an intervention?
Yes.
Sometimes, when we are discussing this matter, we are not concentrating on the fact that we are trying to offer choice to people with an already diagnosed terminal illness. The conversations with the doctor have to be about the choices that are there for the person. I take the point that was very well made by Edward Mountain, with the benefit of his personal experience. I understand the complexities of emotion, but, at some point, we need to be able to offer choice to the person. If someone has a terminal illness, they are probably already receiving complicated medications and treatments that have complicated side effects and might not save the person’s life; perhaps they are prolonging it or providing pain relief. The doctor has to speak to a person about all those complexities. We need to remember that choice is key in this bill.
I appreciate that Carol Mochan has put that on the record. I am conflicted. I know how I am going to vote at the end of stage 3, but that does not stop a person from being conflicted about the ethical matters that we are seeking to discuss.
Will the member take an intervention?
I will finish this point first. It is about choice, but choice comes in many forms. Choice does not land equally on society or people. That is why we are having a long debate on indirect pressures, support networks, housing, social care packages, disabilities, capacity and everything else. Choice does not land equally on everyone. When we legislate in this Parliament, we have to make sure, where we can, that the law applies equally, fairly and equitably to everyone. That is what I am trying to do and what I am wrestling with in this Parliament, but I appreciate Carol Mochan’s intervention.
I want to go back, because what Carol Mochan puts on the record is extremely helpful in relation to that point about choice.
My two queries are about the difference between assisted dying and other forms of treatment and the point at which it is introduced into the conversation. My earlier point was about the point of diagnosis, when an individual is stunned and shocked and feels very vulnerable. They want their doctor to ensure that there are treatments available to sustain their lives or make their lives as comfortable as possible. To be offered, at the point of maximum vulnerability, the prospect of an assisted death would feel like there was very little choice for that patient. What does Bob Doris think about putting ourselves into the shoes of a patient in that position and how they would feel if assisted dying were offered at the point of maximum vulnerability?
I cannot ever put myself into a patient’s shoes, but I can try to put myself in the shoes of my father. When he got his terminal cancer diagnosis, and he was informed that there was nothing that could be done for him, he said that he felt powerless and distraught. I should have checked with my family whether it was okay for me to say that before I did, so I apologise to them for that. However, I can see the vulnerability.
[Made a request to intervene.]
I will take Stephanie Callaghan’s intervention in one second. First, I make the point that I do not consider assisted dying a treatment option. When I heard earlier that it might be the duty of a clinician to outline all treatment options at the point of diagnosis, which would include assisted dying, I found it very alarming. Maybe I heard that wrong, but think that I heard it during an interaction.
I am almost finished, but I do not want to prevent colleagues from intervening, so I will take Stephanie Callaghan’s intervention now.
Hopefully you can hear me. I certainly do not believe that it would be fair if a patient were told that at the point of diagnosis.
On Rona Mackay’s point about Australia, when it first legislated, the legislation was all about coercion and protecting vulnerable people, and it prohibited doctors and health professionals from mentioning assisted dying. However, the core reason that it is reconsidering that now is that independent statutory reviews across multiple states found that it prevented informed choice and that many eligible patients did not know that the option existed for them. That has been especially true for people with low health literacy, those from diverse cultural and linguistic backgrounds, rural patients and those with dementia and other neurodegenerative conditions. The result was that people have died in severe distress without ever knowing that assisted dying was a lawful option.
I am glad that Stephanie Callaghan had the opportunity to put that on the record, as informed choice is important.
I note that there was a Survation poll that showed that 10 per cent of people thought that assisted dying meant that they would get hospice provision and 42 per cent of people thought that it meant that life-prolonging treatment would cease, rather than that it meant actively bringing about a death. There is confusion about that.
I recognise that this is perhaps one of the most emotional questions that we will discuss in all of the amendments.
Most of us will never have to have the conversation that doctors have to have with people every day, in which they inform them that their condition is terminal and discuss what they can expect in relation to symptoms, life expectancy or the distress that they might experience as a result of treatment. None of us will have to do that, and we want to be able to trust that doctors would do so with sensitivity and professional judgment.
Is it possible, though, that some of the amendments in this group—lodged out of an understandable desire to prevent issues being raised inappropriately—could have the unintended consequence of preventing and inhibiting appropriate discussion by doctors who would be exercising their skilled professional judgment?
The amendments are not perfect, but not passing an amendment that prohibits proactively raising assisted dying is also a flaw in the legislation. There we are: we pay our money, we make our choice.
Raising assisted dying is not a neutral act, and I will vote for one of the amendments that makes clear the general inappropriateness of raising assisted dying as a treatment option.
I had not intended to speak, but I was prompted to do so because I was not able to intervene on Jeremy Balfour.
This is a very important part of the bill, because it is fundamental to the central motivation behind legislating in this area, and is predicated on the notion of the autonomy of the individual to exercise a decision.
If that is what it is predicated on, it should be incumbent on the individual to raise this issue. It should not be viewed as essentially another treatment option that the doctor could raise in the same way as other forms of treatment when a person has a terminal condition. That would fundamentally alter the nature of the dialogue that a doctor might have with their patient.
I fully respect and understand the professionalism of doctors and their ability to have sensitive conversations, and I trust them to do that on the basis that the issue has been proactively raised by the individual, understanding that they have that right. It is for that reason and on that basis that I am very supportive of Daniel Johnson’s amendments 18 and 19. They are sensible and proportionate amendments, which I support.
The primary amendment that I wanted to speak to is amendment 243, but I see that Màiri McAllan wants to intervene.
18:15
I can see that this is a very finely balanced matter. As I try to make up my own mind on how to vote on the amendments, I wonder whether Jamie Hepburn can envisage a scenario in which some patients might have a consultation with their doctor and come very well equipped with an understanding of all the options available to them, but other people whom we represent might not have that wherewithal. Why would we take this most serious matter outwith the professional judgment of our medical practitioners, on whom we rely so much?
I recognise that point, and that is why it is very much about making a balanced judgment. I am inclined to agree with Brian Whittle’s point that it is very unlikely—although I recognise that it is not impossible—that, if the Parliament legislates for a framework for assisted dying, people out there will not be aware that we have done so. I cannot absolutely discount that possibility, but it is about getting the balance right.
I refer back to my points about the changed nature of the relationship between the doctor and the patient. That is what concerns me.
I thank Jamie Hepburn for his comments. Fundamentally, it is important that we recognise that the medical practitioner will not be the only source of possible information, but that they have a unique and distinct relationship with the patient in this context, and that is what we are discussing. To assume that the medical practitioner is the only possible source of information would be to misunderstand what we are considering right now.
I agree with that. That goes back to the point that I made. If we pass the bill next week, people will be aware that they have the right to raise the issue.
I will move on to amendment 243, in relation to which I intervened on Jeremy Balfour. I should say that, broadly speaking, paragraphs (b) (c) and (d) of the proposed new subsection that amendment 243 would insert make a lot of sense. However, I am concerned about proposed new paragraph (a), which would require the immediate cessation of a conversation with a patient who is under the age of 18, who almost certainly will be vulnerable and distressed. In those circumstances, if they look to speak to their clinician about assisted dying, it would be articulated in law that the clinician must immediately cease the conversation.
Jeremy Balfour is quite right that it is for us to make the law and that, if we pass laws that prescribe that doctors should act in a certain fashion, it is for doctors to act in accordance with those laws. However, I was not taken with Jeremy Balfour’s comment that that requirement could be dealt with in a way that would allow the conversation to be moved on, because that is not what his amendment says.
If we are going to legislate, as is proposed in amendments 245 and 246, for a range of disciplinary and criminal sanctions against doctors, we need to protect doctors. There would be a real danger of causing significant challenges and difficulties for the medical profession if we were to agree to proposed new paragraph (a), inserted by amendment 243, under which the doctor would have to end that conversation. That would cause real problems.
Does Jamie Hepburn agree that it is very difficult to legislate for human interaction generally and that, when it comes to the holistic treatment of an individual—particularly someone in their late teens going through end-of-life care—it would be vital to have that kind of conversation, to give them agency and an understanding of the laws of the land, rather than just ceasing the conversation altogether?
I broadly accept and understand that point. However, I will go back to the fundamental point that we are making the law here, and that law has to be readable and understandable, and it has to provide protection for everyone. Although we are talking about legislating for the rights of individual patients, we also have to think about the position of the clinicians, that is, the medical professionals. I am afraid to say that, as drafted, amendment 243 would fail to meet the standard of protecting them, so I urge the Parliament to vote against it.
The majority of the amendments in the group, and the debate on them, have involved considerations that are inherently ethical in nature. I do not wish to comment on the amendments because of the Government’s neutral position. However, I have been asked a direct question by Ms Forbes, so I will clarify the duties on clinicians: all treatment options that, in their clinical opinion, are reasonable—and I stress the word “reasonable”—should be discussed. There is a question as to whether assisted dying would be deemed a reasonable treatment option. Mr Doris’s family scenario—I am very sorry for what he has had to put on the record—outlines a case in which no reasonable treatment options were put on the table in that discussion.
I hope that that assists the Parliament; I am attempting to provide as much information as I can so that MSPs can come to their own ethical judgments.
I see that the Government has not made comments about Daniel Johnson’s amendments 18 and 19, for instance. However, the cabinet secretary has referred to the duty of a medical professional to make all options known to the patient. Is his understanding that amendments 18 and 19 would impinge on that duty by—in my view, helpfully—avoiding the need to mention assisted dying?
I make no comment on those amendments, because those considerations are inherently ethical in nature. I am merely responding to the direct question that was posed to me by Ms Forbes. I must correct Dr Allan as it is reasonable treatment options that must be discussed by a clinician. The question as to whether assisted dying would be deemed a reasonable treatment option is for colleagues to wrestle with.
The Scottish Government has serious concerns that several of the amendments that are contained in this group raise issues of legislative competence.
I thank members for the way in which they are approaching deliberation on the bill. However, I am concerned that, while the cabinet secretary has taken the position that the discussions so far are about ethics, we have also talked about what a treatment is and whether assisted dying is a treatment, and a member has mentioned assisted dying as a right of the patient. However, although the cabinet secretary talks about “reasonable” treatment, it is my understanding that, at the moment, a patient does not necessarily have the right to any particular treatment or to palliative care.
I make no comment on what Ms Adamson has put forward. Those are ethical considerations, on which judgments are to be arrived at by MSPs, and I recognise the challenge in doing so. I have sought to provide as much information as I can on the current basis of clinical practice in order to aid MSPs in their deliberation on that.
Amendment 235 would replace section 18A with a new section that provides that practitioners who contravene the bill’s provisions
“may be subject to professional, regulatory or disciplinary action in accordance with applicable law”
and that a practitioner
“must not be subject to any detriment, professional sanction, or adverse treatment for complying with”
the section. The Scottish Government considers that the amendment might raise issues of legislative competence relating to the H1 reservation of employment.
Likewise, amendments 245 and 246 might raise issues of legislative competence relating to the G2 reservation of the regulation of health professions.
Amendment 243 would require a conversation about assisted dying, if raised by someone under 18 years old, to be ended immediately. That might be contrary to clinical practice, which would normally expect practitioners to explore such statements in order to understand more about intent or level of risk. The amendment would also require referral to safeguarding and mental health services, but it does not specify whether the referral should be treated as, for example, a child protection or a mental health referral.
I have no comment on the remaining amendments in the group, other than—Jackie Baillie will be pleased to hear—on amendment 49, which would updates “anticipatory care plan” to “future care plan”, in line with current Scottish Government policy terms.
I echo Clare Adamson’s comments about the debate and Bob Doris’s comments about the confliction that arises in our discussions on this issue. They reflect the discussion that we had at some length at stage 2; Brian Whittle has described clearly the concerns that he set out then, and other members have had the opportunity to do likewise.
I will reflect on some of those comments as I go through my remarks, and I dare say that there will be interventions. There are a few things that I want to put on the record.
Section 18A of the bill, which was inserted at stage 2 through an amendment introduced by Miles Briggs, makes it clear that
“No registered medical practitioner is under any duty to raise”
assisted dying with a person and that they can use professional judgment in deciding if, and when, to discuss the matter. Daniel Johnson’s amendments 18 and 19 would prevent a practitioner from raising assisted dying, but would allow them to respond if the issue were raised with them.
On the point that Jamie Hepburn and others made, I say that the bill is predicated on a terminally ill adult requesting assistance to begin the process. It also makes provision for guidance to be prepared, including on information about the lawful provision of assisted dying services. As I have listened to the debate, I have wondered whether more can be done in the guidance to express and satisfy the concerns that have been raised, rather than putting an outright ban in the bill, which would build in a rigidity about which medical professionals might be resistant.
I appreciated that being set out. A doctor told me about the ruling in the case of Montgomery v Lanarkshire Health Board, which said that there is a duty on a doctor to ensure that the patient is as informed as possible about all their treatment options.
Does Liam McArthur think that, as the law currently stands, and if amendments 18 and 19 were not agreed to, in an ideal scenario, assisted dying would be offered at the point at which a patient was informed of all their treatment options?
Kate Forbes will realise that, ultimately, that would be a matter for the courts to determine.
As Miles Briggs said in his intervention, the BMA has been explicit that it
“would not support a prohibition on doctors raising the issue of assisted dying with patients. Doctors should be able to talk to patients about all reasonable and legally available options; a provision that limits or hinders open discussion about any aspect of death and dying is likely to be detrimental to patient care.”
Will Liam McArthur give way?
I will do so in a second.
The BMA went on to say:
“A prohibition would also create uncertainty and legal risks for doctors, which may inhibit effective doctor/patient communication and understanding.”
If amendments 18 and 19 were to be agreed to, would Liam McArthur consider that that would cut across his fundamental motivation, which I understand reflects the right of the individual to exercise decision making?
Ultimately, Parliament will have to decide. I wrestled with some of those issues in the same way that Bob Doris did. I find myself largely where Patrick Harvie is—he articulated that we already vest in medical professionals an awful lot of responsibility about decisions on life-altering and potentially life-ending treatment. We trust their professional judgment. Over the past two days, we have discussed the training, experience and qualifications—and the development of those—that they would require to have if the bill were to be passed.
Ultimately, Parliament will need to decide whether it feels more comfortable with a ban on any instance in which a medical practitioner might raise the issue. As I said, the bill is predicated on the idea that it would be the patient who raised it.
18:30
It seems that the two primary arguments against what is proposed in this group of amendments are, first, about trusting the professional judgment of clinicians and, secondly, the healthcare literacy argument that Stephanie Callaghan raised. I struggle far more with the first argument than I did before the pandemic, because of the experience of disabled people, but I am interested in Mr McArthur’s view on the second point about healthcare literacy and availability of that information to patients.
It seems to me that the alternative route—I would not pretend that it is a perfect one—to providing that information to patients is covered by section 23A, which concerns the duty placed on the Scottish ministers to provide information. If the amendments were to be agreed to, does Mr McArthur still envisage a way in which the Government would be able to communicate that option through the provision of healthcare services more generally, and so remove the risk and the potential pitfalls of its being brought up in these very difficult individual conversations between doctors and patients?
That is a legitimate question. I am confident that ways would be found to make sure that the wider public, and patients in particular, were made as aware as possible. However, as Stephanie Callaghan said in her intervention, some jurisdictions that have introduced a so-called gag clause of this nature—Victoria, in Australia, and New Zealand being two of them—are now moving back from that because of what they have established from evidence of its impact on access to choice across the piece.
I will be brief. Daniel Johnson’s earlier intervention was quite important, but I do not think that Liam McArthur has addressed it. The medical practitioner, or general practitioner, has a critical role in establishing the trust in that relationship. However, they are not the only individual in the world of health and social care, or anywhere else, who could raise the suggestion of assisted dying. I am not saying that they should, but there is something quite particular about the GP that would make it reasonable to preclude them from being able to raise it. It is not the only outlet in that special relationship. Will Liam McArthur respond to that?
Again, that is an entirely legitimate concern to raise. We are dealing with putting in place a ban on medical professionals raising the issue in the first instance.
An example that I used at stage 2—if it is not on the record, it would have happened in private conversations with colleagues during breaks in proceedings at Health, Social Care and Sport Committee meetings—was that of an individual who was with their medical professional, having received a diagnosis, whether at that point or some time previously. They had been informed of the prognosis and the implications of the diagnosis, including its terminal nature, and had come to the conclusion that that was not an experience that they wanted to go through. They were expressing suicidal ideation, for example. In those circumstances, would a medical professional be looking after the welfare and wellbeing of their patient by explaining what options were available, including an assisted death, as a pathway to discussing palliative care and other options that might be available and, perhaps, at the recommendation of the doctor, might be seen as more appropriate in the circumstances in which the patient found themselves?
Such discussions would not be possible if a ban were to be put in place. The medical professional would run the risk of finding themselves at odds with the legislation were they to raise the issue, it having not been raised by the patient in the first instance.
I am looking at the BMA’s assertion that doctors
“should be trusted to use their professional judgement to decide when … a discussion about assisted dying would be appropriate”
based on a patient’s cues. I have no idea what that means. What is a patient’s cue? Any cue should surely come from the patient saying that it is something they want to discuss. To the point about a doctor’s judgment about such a discussion being appropriate, I say that it is never appropriate unless a patient requests it.
Again, I understand that. To some extent, we are rehearsing a discussion that we had at stage 2—if not on the record, then at least in private. I have set out the example that the member and I discussed at that time. The BMA is making the point that medical professionals regularly have to respond to the reactions that they get from patients.
I seek clarification of the member’s earlier response to the Deputy First Minister on the question whether assisted dying is understood to be a “reasonable” treatment option under the Montgomery ruling, which says that, by law, a doctor must offer all reasonable treatment options.
I am concerned about the member’s response to that query. Some of that concern is driven by a conversation that I had with a consultant in my constituency, who is very anxious about this proposal in the context of the impact that it would have on the doctor-patient relationship.
I am not sure that I am able to add anything to what I have already said in response to Kate Forbes. Ultimately, the decision would be a matter for the courts to determine. As I said, we are wrestling with the question whether we trust medical professionals to exercise their judgment in the circumstances that they would face. Carol Mochan illustrated that in her interventions both earlier in this group and in previous groups.
I understand the motivation for wanting to protect patients from any suggestion that there is an inference that a particular treatment option is preferred or recommended by the medical practitioner. Nevertheless, I think that there are risks in putting in place a ban on a doctor using that judgment in particular circumstances. I wonder whether that may be better reflected through the guidance, which is where most of these matters already sit.
I must admit that I am struggling to understand the member’s point about a decision being made through the courts. The Montgomery ruling, which goes back to 2015, set out quite clearly what doctors must do. Why would it be a decision for the courts when that is already set out? I am trying to get to the nub of that, as I must admit that I do not understand it.
As Michelle Thomson will have seen, under section 18A there is no duty on a medical practitioner to raise the topic of assisted dying, so ultimately the court would have to take a decision as to whether, given the way in which the legislation is framed, there was a case to be determined. As I said, I could give an assurance on that question, but, to be honest, that is not really in my gift.
In that sense, I have concerns about amendments 18 and 19, as well as amendments 233 and 234 in the name of Brian Whittle, and also Jeremy Balfour’s amendment 235.
I turn to Mr Balfour’s amendment 243, which seeks to amend section 20B to provide that
“Where a person under the age of 18 raises the subject … with a … medical practitioner or other health professional”,
the conversation must be ended and the person immediately referred to a child protection officer and to mental health services. Requiring medical professionals to shut down conversations about assisted dying when the subject is raised by a person under 18 would risk preventing open and honest communication at a point when a young person may be expressing distress or a desire to understand their condition or future care options.
Sensitive conversations are an important part of clinical practice and often lead to healthcare professionals being able to explore underlying concerns. Other members—I think that Alasdair Allan was one of them—expressed concern that shutting down the conversation would risk discouraging young people from speaking openly to their healthcare team, and the further escalation that is proposed in amendment 243 would risk breaching trust.
Although conversations should be handled with care, young people should be able to express themselves and ask for information about death and dying, including assisted dying, and healthcare professionals should be able to use their clinical judgment about whether further support might be required. The bill as drafted stipulates that a healthcare professional must not raise the topic of assisted dying with a person under the age of 18 unless the young person raises it themselves, and I think that that is still the right approach.
Similarly, amendment 244 would prevent assisted dying from being considered as part of an anticipatory care plan for any person, rather than just someone under the age of 18—again, I think that that provision is disproportionate.
Amendments 245 and 246 would create a range of penalties for those who contravene section 20B. As Mr Balfour will be aware, matters of addressing professional conduct are already provided for in our health services, both public and private, so I am opposed to those amendments.
Finally, amendment 49 is a technical and drafting amendment to section 20B to reflect the correct terminology, as Jackie Baillie set out, and I support that amendment.
I call Daniel Johnson to wind up and to press or withdraw amendment 18.
This is quite a group of amendments to attempt to sum up, but I do not think we should be surprised by that because we are all aware of the delicate and sensitive nature of the doctor-patient relationship and we know that we are contemplating legislation that will enable something that is quite different from what is ordinarily discussed and considered within that relationship. We must acknowledge that. Although we can talk about technicalities, as we have done with other groups of amendments, this group puts us in the consulting room.
I pay tribute to Edward Mountain. He did well in making the point that this is about when the right moment to have a discussion is, and his sharing of his insight and story was helpful. I have never been in that situation. The closest I have come to it was when my daughter was born and we were in hospital. I do not want to go into all the details, although I have shared some of them with Mr Mountain. I always thought that it was a euphemism when people said that the room was spinning when they were being told information and had to make decisions, but it is not a euphemism, because that is literally how it feels when you are faced with doctors telling you things in some detail, in 30 or 45 minutes, and you have to make decisions. The room spins and you do not take it all in. That is what happens when you contemplate life, and it would be more profound if you were contemplating death. I can only imagine what that is like, but it is important that we realise that, therefore, the introduction of information about the options is incredibly delicate. There is a question as to whether that is a matter for the bill itself or for guidance, but any guidance is out of our hands whereas the detail of the legislation is in our hands.
There has been much discussion about presenting all treatment options. I speak as someone who voted for the bill at stage 1, but who does not consider assisted dying to be a treatment option. It is an option, but it is not a treatment option. Treatment alters the course of a disease, improves a condition or alters a state of life. We are considering something quite different—the ending of life. That is in a different category from other things that a doctor might advise, such as analgesics or things that might alter an underlying disease.
Would the member accept that the way that the system currently works means that conversations with people who are terminally ill are indeed happening? I have spoken on the record about my mum, and there are many others like her. They have conversations with doctors about voluntarily stopping eating and drinking, about medication that might have a double effect and might hasten or bring about death, or about withdrawing treatments in a way that will bring about their death. People are having those conversations with trusted doctors across the country at the moment.
I understand that those things are happening, but we are talking about an option where the express objective is to end life and bring about death.
Will the member take an intervention?
I am happy to do so after I finish my point.
I recognise that none of those conversations is easy—that they are all quite difficult. The amendments are not about prohibiting those conversations; they are simply about the point at which they should be initiated.
18:45
I hope that the chamber has not lost sight of the purpose of the bill, which is to prevent suffering. The member says that the purpose of the bill is to bring about death, but I point out that the people who are eligible for the choice that we are discussing are those who are already dying. Death is already something that is ahead of them. They have to have had a diagnosis that they will die within six months. Death is already part of that conversation.
The evidence from Australia and elsewhere has shown that not everybody is aware of the option of assisted dying, especially people in vulnerable groups, people with language barriers and people in rural areas. I do not think that it is reasonable to suggest that a doctor could see an eligible patient—a patient who is dying and is suffering—and not be allowed to indicate that the option exists. To watch someone suffer and be unable to tell them that they have a choice that they are not aware of would be unbearable for a doctor.
We must all be realistic about the fact that not all suffering can be alleviated, even with the very best palliative care.
I take the member’s point. I do not mean to use the term “death” in a way that would take away from the points that have been made. I note, however, that the chamber elected not to make suffering a condition for consideration of the issue.
I accept that there is a point around information. I am asking the chamber to think about the impact that that information has when it comes from the doctor who is in consultation with the patient at that time. To reflect Jeremy Balfour’s point, we need to think carefully about the authority that a doctor has in that relationship and the impact of their words.
I respect doctors’ professional judgment but, unfortunately, they do not always get it right—I have experience of that. However, we need to understand that, given that we are talking about the point at which people are dealing with the most difficult healthcare considerations, if a doctor presents assisted dying as an option at the end of the list of options, that will have an impact. As Bob Doris put it, that is not a neutral option.
I do not believe that doctors are the only information source. Ross Greer’s information was helpful in that regard. Members may decide that what I am proposing is not right, but it would be false to say that it would deprive people of information. If my proposal were accepted, we would need to think carefully about how that information could be provided. I am saying that we also need to think carefully about the impact of the information being provided by the self-same person who is presenting difficult news to a person.
My amendments do not prevent communication. They seek to strike a balance. One of the things that my amendments make clear is that, once the conversation has been initiated, nothing prevents it from taking place. There is a danger that, if we frame the proposal in other ways, some ambiguity might be caused, but I think that the position in my amendments is clear.
Ultimately, I have some concerns about the fact that a great deal of what happens will end up being dealt with in guidance. The conversations will involve nuanced interactions, and we cannot legislate for that. I think that that is unfortunate, in a sense. That is why, at stage 2, I lodged amendments that sought to provide an unusual level of parliamentary oversight with regard to the development of the guidance. Unlike any other form of guidance, that guidance will be incredibly sensitive. If the bill passes, the guidance that will be required will have things in it that will have a huge impact.
Other people have mentioned other jurisdictions where certain provisions have been put in place. All that I would say is that I do not think that the Parliament should be trying to short-circuit the process. Furthermore, it will be open to us to legislate further in the future. Simply saying that other places have looked at the issue and taken other options is not an argument against the amendments. Perhaps that is a journey that we need to go on.
Although I have a great deal of sympathy for what Jeremy Balfour has set out in amendment 243, I have problems with requiring a conversation to be ended immediately. I understand that such a situation would need to be treated very carefully, but phrasing the provision so tightly that the conversation would have to be ended is problematic.
One of the really helpful things in the past three days has been that we are actually debating and listening to one other. I have heard a number of members express concerns about amendment 243, and it may save some time if I say now that I will not move it.
I thank Mr Balfour for his intervention. That is helpful.
In a sense, I think that Parliament has accepted the principle. If we accept that it would not be right to raise the topic of assisted dying with an under-18-year-old, have we not already accepted that it is a sensitive matter that must be discussed only once that is instigated by the individual? I suggest that, if the under-18-year-old would be in a vulnerable state, anyone who was facing terminal illness would be in a vulnerable state, and they need to be treated equally sensitively.
I press amendment 18.
The question is, that amendment 18 be agreed to. Are we agreed?
Members: No.
There will be a division.
The vote is closed.
On a point of order, Presiding Officer. Unfortunately, I could not connect. I would have voted no.
Thank you, Mr Robertson. Your vote will be recorded.
For
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Siobhian (Ayr) (SNP)
Choudhury, Foysol (Lothian) (Ind)
Constance, Angela (Almond Valley) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Leonard, Richard (Central Scotland) (Lab)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNeill, Pauline (Glasgow) (Lab)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Whitfield, Martin (South Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McLennan, Paul (East Lothian) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Abstentions
Arthur, Tom (Renfrewshire South) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Marra, Michael (North East Scotland) (Lab)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
The result of the division is: For 41, Against 74, Abstentions 7.
Amendment 18 disagreed to.
I remind members that, if amendment 233 is agreed to, I will be unable to call amendment 19 due to pre-emption.
Amendment 233 moved—[Brian Whittle].
The question is, that amendment 233 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Balfour, Jeremy (Lothian) (Ind)
Boyack, Sarah (Lothian) (Lab)
Choudhury, Foysol (Lothian) (Ind)
Constance, Angela (Almond Valley) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Regan, Ash (Edinburgh Eastern) (Ind)
Simpson, Graham (Central Scotland) (Reform)
Sweeney, Paul (Glasgow) (Lab)
Whittle, Brian (South Scotland) (Con)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Abstentions
Arthur, Tom (Renfrewshire South) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
The result of the division is: For 13, Against 102, Abstentions 6.
Amendment 233 disagreed to.
Amendment 19 not moved.
Amendment 234 moved—[Brian Whittle].
The question is, that amendment 234 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Choudhury, Foysol (Lothian) (Ind)
Constance, Angela (Almond Valley) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McKee, Ivan (Glasgow Provan) (SNP)
Regan, Ash (Edinburgh Eastern) (Ind)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Simpson, Graham (Central Scotland) (Reform)
Sweeney, Paul (Glasgow) (Lab)
Whittle, Brian (South Scotland) (Con)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Sarwar, Anas (Glasgow) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Arthur, Tom (Renfrewshire South) (SNP)
Boyack, Sarah (Lothian) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 21, Against 96, Abstentions 5.
Amendment 234 disagreed to.
Amendment 235 not moved.
We will have a 20-minute comfort break. We will return at 19:15.
18:55
Meeting suspended.
19:17
On resuming—
Members will note that we will shortly reach the next time limit, but we still have two more groups of amendments to debate. As a consequence, I am minded to accept, under rule 9.8.5A, a motion without notice to propose that the time limit be extended by 30 minutes. I invite the Minister for Parliamentary Business and Veterans to move the motion.
Motion moved,
That, under rule 9.8.5A, the time limit be extended by up to 30 minutes.—[Graeme Dey]
Motion agreed to.
Section 19—Criminal liability for providing assistance
We move to group 13. Amendment 108, in the name of Sue Webber, is grouped with amendments 236, 109 and 237.
There is a profound and dangerous omission in the bill: it is silent on what should happen if the lethal substance fails to end a person’s life. Section 19(3) offers immunity to those who assist a person in an attempt to end their own life in accordance with the legislation, but it provides no guidance on the limits of that protection. If a first attempt did not succeed, the law would be entirely unclear. Could a doctor intervene further without the risk of criminal liability, or would any subsequent action potentially be prosecutable? That is not a minor gap, and it would leave patients and healthcare professionals in legal and ethical uncertainty.
My amendments 108 and 109 attempt to address the ambiguity by specifying the boundaries of lawful protection. Amendment 108 would clarify that section 19(3) would apply only to assistance that was connected to the person’s original lawful request. It would explicitly exclude protection for any actions that were taken to complete a death once the initial attempt had begun. In other words, it would draw a line between lawful assistance and further intervention beyond the original request.
Even if my amendments are agreed to, the need for such clarification highlights the serious flaw in the bill. The current text fails to clearly define the scope of immunity, which could leave a potentially catastrophic gap. Doctors and carers could be left uncertain about their legal position in a situation in which a patient survived an initial attempt, and patients themselves might be exposed to risk, because the law offers no road map for managing a failed attempt.
It is a glaring example of how the bill, as drafted, is bad law. Legal protections must be precise, predictable and complete, especially in legislation authorising assistance in ending life. The fact that these amendments are necessary at all underscores the bill’s fundamental weakness. Instead of offering a coherent, safe and accountable framework, the bill leaves critical questions unanswered, creating both legal ambiguity and practical danger. On that measure, the bill fails. It does not provide clarity, it does not protect professionals and, more important, it does not safeguard patients. Its silence on failed attempts exposes an unacceptable and serious flaw.
I move amendment 108.
I call Stephen Kerr to speak to amendment 236, and also to amendment 237, in the name of Fergus Ewing.
I will present my remarks as two distinct sets of remarks, because one is offered on behalf of Fergus Ewing, who cannot be here.
Before I do so, though, I want to take a few seconds to thank colleagues for the way in which our proceedings have been conducted today. I am grateful for the respectful way in which we have been able to present views that we feel very passionately about. It is really good, and I especially thank Edward Mountain, Bob Doris and Daniel Johnson for the personal accounts that they gave in the previous group of amendments. We all have our personal stories to bring to the bill, and I am grateful to those who are sharing them.
Group 13 brings us to the most important legal boundary in the bill. Sue Webber is right to point out that there is a fudging of the line between lawful assistance and the direct causing of another person’s death. Amendment 236 is intended to make that boundary clear. It would not change the bill’s overall purpose; rather, it would ensure that the limits of the law were understood by clinicians, families and the public.
At the heart of the amendment is a simple principle. Although the bill permits assistance to a terminally ill adult who has chosen that path, nothing in it should authorise an act in which another person directly causes that individual’s death. That distinction matters. In other countries where similar laws exist, the question has often arisen about where the boundary lies between assisted dying and euthanasia. They are not the same thing. Assisted dying involves a person carrying out the final act themselves, whereas euthanasia involves another person administering the means of death.
If the Parliament is to legislate in this area, that boundary must be unmistakably clear. At the moment, it is not, so amendment 236 sets out plainly that
“nothing in this Act permits any person to carry out an act which directly causes the death of another person.”
The amendment seeks to define assistance narrowly, limiting it to “preparatory or facilitative acts”, and to make it clear that if someone administers a substance, operates a device or performs any act that directly brings about death, that conduct remains subject to criminal law.
That matters not only for legal clarity but for public confidence. Doctors who find themselves working within that framework must know exactly where the legal boundary lies—and it is our duty to make that clear. Families must understand what the law permits and what it does not—and, again, it is our duty in this Parliament to make that clear. The public must be confident that Parliament has not created a pathway that quietly shifts from assistance to the direct administration of death. Again, it is incumbent on us to make that clear.
Assistance must never quietly become something more, and amendment 236 seeks to ensure that the distinction remains clear and firmly anchored in law. It would protect vulnerable individuals by making it clear that the final act could not be transferred to another person. The amendment would also protect medical professionals, because no doctor should ever be left uncertain as to whether a particular action crossed the line into conduct that the criminal law still prohibits.
Members across the chamber will approach the wider question of assisted dying from different convictions. As I have said before, I respect that, but whatever view we take on the principle, we should at least agree that the law that we pass must be clear, careful and precise. Amendment 236 would provide that clarity. By ensuring that assistance did not become something else, it would keep the legal boundary where Parliament intends it to be. It would help ensure that the law that we pass today would not leave confusion for those who must live with its consequences tomorrow. For legislation of such gravity, that clarity is not excessive—it is essential.
I now turn to amendment 237, in the name of Fergus Ewing. As I have said, these are his remarks.
Amendment 237 seeks to provide greater clarity on the meaning of “lawful assistance” in the bill. It would ensure that those involved in the assisted dying process—especially medical practitioners, carers and others who may support an individual—had a clear understanding of the boundaries of lawful behaviour.
The amendment seeks to define “lawful assistance” as
“assistance provided in full compliance with all the provisions of this Act”,
which includes adherence to the procedural steps that are required for making declarations and assessments under sections 6 to 8. In seeking to incorporate the reporting and record-keeping duties that are set out elsewhere in the bill, it would ensure that actions would be supported by transparent documentation.
In addition, amendment 237 seeks to recognise the role of guidance that is issued by the Scottish ministers. Explicitly including such guidance in the definition of “lawful assistance” would ensure that lawful assistance aligned with not only the letter of the act but the administrative and practical expectations that would accompany its implementation.
Amendment 237 would play a vital role in preventing individuals from inadvertently falling outside the law as a result of misunderstanding, and it should be supported by members across the chamber.
I call Stuart McMillan.
I am sorry—I requested to speak by accident.
I call the cabinet secretary.
The Scottish Government has no comment to make on any of the amendments in this group.
I call Liam McArthur.
I thank Sue Webber and Stephen Kerr for setting out the rationale for their amendments.
Sue Webber’s amendments 108 and 109 seek to provide that it would be a crime, and that it would give rise to civil liability, to assist someone to end their life after the point at which they had been provided with the substance and had not died as a consequence.
The bill makes it absolutely clear that only the actions that are specified in it with regard to assisting a terminally ill adult to end their own life would be lawful. The bill also makes it clear that the final act to bring about death must be taken by the person themselves, while the management of complications would remain subject to standard clinical practice.
It is not clear how the requirements in amendments 108 and 109 would interact with the doctor or nurse providing care and taking steps to make the person comfortable, so I cannot support them.
At some point in the past few days, we had an exchange about the phrase, “making people comfortable”. Frankly, I am still not clear what that might mean, but I ask Liam McArthur to test an assumption that I am making about what he is saying.
Let us consider a situation in which someone had taken a substance, it had not worked and they were clearly in distress. Is Liam McArthur saying that he would expect the healthcare professionals to fulfil their traditional role in helping the person to overcome that distress and, where practical, to make a recovery from the effects of the substance that they had taken—as opposed to what Sue Webber and I are trying to do with our amendments, which is to create a clear legal boundary between assistance that was provided under the bill to someone who had requested and received approval to have an assisted death, and euthanasia, where healthcare professionals’ involvement might lead to the person’s death?
That is the point on which we are seeking clarity in this group. Will Liam McArthur comment on the assumptions that I have made in the scenario that I have described, which I have tried to describe as sensitively as I can?
19:30
We are going back over the discussion that we had—I think—last night, but I certainly understand why we are all losing our sense of time at this stage.
As I said earlier, it is a matter of ensuring that clinicians respond to those instances in an appropriate way that is relevant to their training. Going back to some of our discussions around advance care planning, it is also a question of ensuring that the discussions that happen when medical professionals are talking to patients about the available options, once they are certain that they wish to proceed with an assisted death, cover the medications, the process that will happen and the effect that it will have. That will result in an informed discussion between the patient and the medic. The patient would have an opportunity to air and discuss any concerns or questions with a medical professional.
Perhaps Mr McArthur can help me to understand. When he is talking about that informed discussion between the healthcare professional and the patient seeking the assisted death, is he suggesting that there would be a conversation between those people, in which the patient said, “Should I take the substance and it did not kill me, I would want you to make sure that my life ended”?
The answer remains the same as the response that I gave to the questions that were posed yesterday. It would be up to the judgment of the clinician, who would use their professional skills and experience in order to make the patient comfortable.
It is not open to the medical professional, which is where Sue Webber is trying to direct the discussion, to euthanise the patient. There is standard practice at the moment for medical professionals to use their judgment in certain situations to relieve suffering and make the patient comfortable—in essence, to palliate the patient. That is what would occur in this situation.
For the same reasons, I do not support Stephen Kerr’s amendment 236, which seeks to avoid doubt that I do not think legally exists and to clarify areas that I do not believe require further clarification. As I said, the bill is absolutely explicit in making it clear that the actions specified in the bill with regard to assisting a terminally ill adult to end their own life would be lawful. The bill is also clear that the final act to bring about death must be taken by the person themselves.
Meanwhile, Fergus Ewing’s amendment 237 seeks to clarify and reiterate provisions that are already contained in the bill and in the law in Scotland as it stands. Although I understand the intent behind amendment 237, further detail would be set out in guidance produced by the General Medical Council, the Scottish ministers and others. Taken together, those mechanisms should provide sufficient clarity for practitioners.
Adding a further provision would potentially create a backdrop against which medical practitioners might be concerned about the potential for civil litigation arising for minor record-keeping issues or for questions about how particular guidance has been followed. As such, I cannot support amendment 237.
I call Sue Webber to wind up and press or withdraw amendment 108.
As we have heard, the issue in this group of amendments goes to heart of both the legal framework surrounding the bill and, frankly, the fundamental principles that underpin our criminal law.
In any other circumstance, taking a person’s life is a crime. Enabling or assisting a suicide is also a crime. Right now, our laws rightly contain strong protections to prevent anyone from encouraging, facilitating or enabling another person’s death. Those safeguards exist to protect the vulnerable and to ensure that the law remains firmly on the side of preserving life.
Stephen Kerr’s amendments have sought to reinforce the importance of those legal boundaries. Fergus Ewing’s amendments on lawful assistance would ensure a clear understanding of what lawful behaviour was and of the practical expectations in law. We have challenged Mr McArthur on his statement that the clinician would provide care and take steps to make the patient comfortable and on what would happen when the substance did not work, but I do not think that we have had that clarity from him today.
That is where my amendment and the other amendments in the group—
Will the member take an intervention?
Yes, I will.
It might be helpful if I refer Sue Webber and other members to section 15(3A), which says:
“For the avoidance of doubt, nothing in this section authorises any person to administer an approved substance to the adult on their behalf with the intention of bringing about the adult’s death.”
The situation is perfectly clear under the bill as it stands, and murder will remain murder if the bill passes.
I am sorry, but I do not accept that. We have asked Mr McArthur today, yesterday, last night and at stage 2 what would happen and what a healthcare professional should do if an individual takes a substance and it does not lead to their death. Do they then perform their traditional role—I think that was it—and intervene to save their patient’s life, or do they take steps that would lead to that patient’s death? That is the answer that we have been seeking.
The clarification is in the amendments that we have presented today, because the provisions that we are considering demonstrate that the bill falls short of that. Without the amendments in this group, the bill will be deeply silent on the serious scenarios that we have outlined. What if that lethal substance does not end a person’s life?
I tried to elicit a definitive answer from the member in charge. My concern is that we are continuing to have this discussion because we are not clear about the answer to the serious moral conundrum that I do not particularly want doctors and healthcare professionals to have to face when it is not clear exactly what they should do in a situation when the substance that the individual has taken has not worked.
Does Sue Webber agree that the bill badly needs that clarity or that we should at least ask the member in charge to be much more specific about what he would expect medical professionals to do beyond the form of words that he has been careful to use? I respect the fact that he has been careful in his choice of words, but I think that we need some expansion on their meaning.
Indeed, Mr Kerr. I believe that the original text fails to define the scope of immunity with the precision that legislation of this gravity demands. Without that clarity, doctors and carers could find themselves unsure of their legal position if a patient survives the initial attempt.
What I am trying to get my brain around is that we voted for an earlier amendment that means that the medical professional has to sit with the patient until the patient has died, and I am still not clear about what happens when things do not work out as anticipated after they take the drugs. That can happen for a variety of reasons.
What is that medical professional supposed to do? Are they supposed to sit on their hands, do nothing, wait to see whether the drugs work and let that person go through the most appalling pain and suffering, or are they supposed to do something? No one has given me the answer, and I am not sure whether the member knows the answer or whether she feels that I have missed something when I have been listening.
I do not feel that I know the answer but, with the amendments in this group, I am trying to ensure that patients and healthcare professionals who face this profound legal and ethical uncertainty, at what would be an extraordinarily difficult moment for everyone, have a clear line so that they know whether their actions are legal or illegal.
Families must also understand what the law permits. As Mr Kerr said, assistance must never become anything more than assistance. Patients could be placed at risk because the law offers no clear framework for how such a situation could and should be handled, and that is not how serious legislation should operate.
The amendments in the group highlight the wider concern and, alongside my colleagues, I have been presenting a series of amendments that would remove the legal ambiguity and provide certainty for doctors, carers, patients and families. I will press amendment 108.
The question is, that amendment 108 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Abstentions
Arthur, Tom (Renfrewshire South) (SNP)
Boyack, Sarah (Lothian) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 47, Against 69, Abstentions 4.
Amendment 108 disagreed to.
Amendment 236 moved—[Stephen Kerr].
The question is, that amendment 236 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Abstentions
Arthur, Tom (Renfrewshire South) (SNP)
Boyack, Sarah (Lothian) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 49, Against 69, Abstentions 4.
Amendment 236 disagreed to.
Section 20—Civil liability for providing assistance
Amendment 109 moved—[Sue Webber].
The question is, that amendment 109 be agreed to. Are we agreed?
Members: No.
There will be a division.
The vote is closed.
On a point of order, Presiding Officer. I would have voted yes.
Thank you, Mr Findlay. We will ensure that that is recorded.
For
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Dowey, Sharon (South Scotland) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gosal, Pam (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Hoy, Craig (South Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Mason, John (Glasgow Shettleston) (Ind)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Abstentions
Adamson, Clare (Motherwell and Wishaw) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Constance, Angela (Almond Valley) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gray, Neil (Airdrie and Shotts) (SNP)
Leonard, Richard (Central Scotland) (Lab)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
Mountain, Edward (Highlands and Islands) (Con)
O’Kane, Paul (West Scotland) (Lab)
Roddick, Emma (Highlands and Islands) (SNP)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
The result of the division is: For 31, Against 73, Abstentions 16.
Amendment 109 disagreed to.
19:45
Amendment 237 moved—[Stephen Kerr].
The question is, that amendment 237 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Briggs, Miles (Lothian) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Sweeney, Paul (Glasgow) (Lab)
Whittle, Brian (South Scotland) (Con)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Arthur, Tom (Renfrewshire South) (SNP)
Boyack, Sarah (Lothian) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Mountain, Edward (Highlands and Islands) (Con)
O’Kane, Paul (West Scotland) (Lab)
The result of the division is: For 20, Against 96, Abstentions 6.
Amendment 237 disagreed to.
After section 20
Amendment 110 moved—[Neil Gray].
The question is, that amendment 110 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Sarwar, Anas (Glasgow) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Duncan-Glancy, Pam (Glasgow) (Ind)
Hoy, Craig (South Scotland) (Con)
Mason, John (Glasgow Shettleston) (Ind)
Mundell, Oliver (Dumfriesshire) (Con)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Somerville, Shirley-Anne (Dunfermline) (SNP)
White, Tess (North East Scotland) (Con)
Abstentions
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Carson, Finlay (Galloway and West Dumfries) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Marra, Michael (North East Scotland) (Lab)
Matheson, Michael (Falkirk West) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
The result of the division is: For 103, Against 7, Abstentions 11.
Amendment 110 agreed to.
Amendment 111 moved—[Neil Gray].
The question is, that amendment 111 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Duncan-Glancy, Pam (Glasgow) (Ind)
Hoy, Craig (South Scotland) (Con)
Mason, John (Glasgow Shettleston) (Ind)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Stevenson, Collette (East Kilbride) (SNP)
White, Tess (North East Scotland) (Con)
Abstentions
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Carson, Finlay (Galloway and West Dumfries) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Marra, Michael (North East Scotland) (Lab)
Matheson, Michael (Falkirk West) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
The result of the division is: For 102, Against 7, Abstentions 12.
Amendment 111 agreed to.
Amendments 238 and 239 not moved.
Section 20A—Provision of assistance outwith National Health Service
Group 14 is on the administration, regulation and oversight of assisted dying services. Amendment 240, in the name of Jackie Baillie, is grouped with amendments 48, 241, 250, 292, 293, 66, 69, 309, 311 and 72 to 74.
I will speak to amendments 240, 241, 48, 66 and 69 in my name and then address others.
In the case of amendments 240 and 241, the intention is to provide regulations that specify any settings or services in which assistance must not be provided. Amendment 48 simply updates terminology by replacing the reference to “the Care Inspectorate” with “Social Care and Social Work Improvement Scotland”.
Amendments 66 and 69 are also technical amendments. They are about setting appropriate regulation-making powers for ministers under section 20A(1). Amendment 66 advises negative procedure; amendment 69 would require affirmative procedure.
They are all sensible amendments that update the bill. I will touch briefly on the other amendments in the group.
Fulton MacGregor’s amendments 250 and 309 talk about one service in each health board area providing assisted dying. That clearly has financial implications and I am not sure whether those have been adequately considered. Equally, Daniel Johnson’s amendments 292 and 311 talk about creating an office of the assisted dying registrar, Miles Briggs in amendment 293 wants to introduce an assisted dying review panel and Liam McArthur in amendments 72 to 74 makes provision for setting up an assisted dying service.
All four colleagues are legislating in a similar area and I question whether there would not be duplication if we were to support all those amendments. We would look quite silly if we did so. However, I leave colleagues to set out their views.
I move amendment 240.
I ask colleagues from across the chamber to support my amendment 250 and the consequential amendment 309, which would ensure that any assisted dying provision in Scotland was delivered through a dedicated specialised service rather than through general practice.
I hear Jackie Baillie’s point on that. The proposal is similar to other amendments. Amendment 250 is necessary to ensure that any system that we create is safe, informed and as compassionate as possible. It seeks to answer the question: if such a service is introduced, how should it be delivered? We must recognise the reality that faces general practice. As we know, GPs across the country are already operating under pressure. Asking general practice to absorb an entirely new, complex and emotionally demanding clinical responsibility risks placing further strain on the system.
More importantly, a briefing from the Royal College of General Practitioners suggests that many GPs would not feel able to participate in assisted dying. Engagement with the profession indicates that a significant proportion of GPs would choose not to take part whether for ethical, professional or personal reasons. That is entirely understandable but it also means that expecting assisted dying to operate through patients’ own GPs would be neither practical nor equitable.
It is entirely possible that, in some communities—perhaps particularly in rural or less populated areas—many local GPs could opt out, which could result in a postcode lottery whereby access to a lawful service depended on where a person happened to live. Amendment 250 introduces a dedicated service that would avoid that risk.
I am sympathetic to what Mr MacGregor says but I wonder what the service that he proposes would cost. Perhaps I will ask the same question to other members with amendments in the group. Does Mr MacGregor have any idea of a costing for it and has he had any discussions with the Cabinet Secretary for Health and Social Care or the Cabinet Secretary for Finance and Local Government to work out whether we can afford it in Scotland?
I will come back to the costing issues. I will not be able to answer all of the questions that Jeremy Balfour asked me but I will come back to the matter and perhaps be able to answer some of what he asks.
I am sympathetic to amendment 250 because it would ensure a level of equity of access throughout the country but the rationale that Fulton MacGregor outlined for it does not tally with its effect. His rationale seems to be that it would mean that assisted dying would not be provided by GPs but be an entirely separate service.
My reading of the amendment is that Scottish ministers could set out regulations that say that each health board must provide an assisted dying service, but that specialist service could be a system to which GPs opt in, particularly in the rural areas that Mr MacGregor mentioned, where the GP might be the only healthcare provider in that area. In such cases, that GP would be the appropriate person to opt in. Essentially, the specialist service could amount to a health board maintaining a list of GPs in its area for people to be referred to. However, Mr MacGregor seems to be suggesting that the amendment would mean that GPs could not provide the service and that it could be provided only by something separate and specialist. I am not sure that that is the effect of the amendment. Could he clarify that?
That is not what I am saying, and perhaps I will be able to clarify that a bit more as I go on.
By creating a specialised opt-in service, we allow clinicians who feel able and willing to participate to develop the expertise, training and professional resilience required for that sensitive work. That answers Ross Greer’s question—they can opt in. Concentrating the experience in that way ensures that patients are supported by professionals who are confident, well prepared and equipped to manage the clinical and ethical complexity involved.
It is important to emphasise that a specialised service does not mean creating something outside the NHS, nor does it necessarily require new buildings or separate facilities. Such services could—and, in my opinion, should—be community-based and delivered either in or close to the patient’s own home. What distinguishes a service is not the building that it sits in but the dedicated teams that provide it. Those teams could bring together a multidisciplinary group of professionals who are capable of supporting the whole person—their physical needs or emotional and psychological wellbeing, their social circumstances and the needs of their family.
The reality is that any assisted dying provision would be a deeply human process that would affect patients, loved ones and professionals alike. Families may require support before the process, during it and afterwards, through bereavement. Patients need time to explore their choices, fears and circumstances. That level of care requires co-ordination, continuity and expertise, and a specialised service allows for exactly that. It would enable dedicated teams to support patients through the entirety of their journey, ensuring consistency, trust and a continuity of care. At the same time, a patient’s own GP could continue to provide all other aspects of care, ensuring that their existing relationship with primary care remains intact.
Such a model would also protect the workforce. The emotional weight and time commitment associated with assisted dying must not be underestimated. A dedicated service would allow for protected time and the provision of mandatory training and appropriate psychological support for the professionals involved. That is far more difficult to guarantee if the responsibility is dispersed across thousands of GP practices. I think that such a set-up would go a long way towards addressing many of the concerns that members have shared over the past couple of days. I will not go over all of them again, but some of them could be addressed by a single service.
There is also the question of expertise. Based on current estimates—I think that this has been highlighted already—most GPs would only rarely encounter an assisted dying request. That makes it extremely difficult to build the experience and confidence that are needed to navigate such a complex process. In this chamber, we regularly hear about the importance of enabling healthcare professionals to gain experience in relation to specialist work rather than distributing that work thinly across the system. The same principle should apply here.
To answer Jeremy Balfour’s point, it is true that a specialist service might require greater investment. I do not know what those figures might be, but I believe that, when we are legislating for something that would have such profound implications for individuals and families, cost alone cannot be the deciding factor. Safety, expertise and dignity must come first. However, on the issue of cost, I would say to Jeremy Balfour that I do not see such a system being set up separately from what health boards have just now.
My amendment would also allow assisted dying services to sit as a delegated responsibility within Scotland’s integration authorities and our health and social care partnerships, strengthening links with palliative care, social services and community support. That approach would not only improve co-ordination but also ensure that multidisciplinary expertise is built into the system from the outset.
Members may wish to note that my amendment 250 is supported by the Association of Palliative Care Social Workers, the Royal College of General Practitioners, the Royal College of Nursing, the Scottish Association of Social Work and Social Work Scotland. It has good and credible support from many organisations representing the people who would be working in such a system.
Does Fulton MacGregor agree that setting up the service that he describes might be more cost effective than having the costs spread across a range of GPs throughout the country, who would have to absorb that service into their work and incur costs as a consequence? People are asking about the cost, but his proposal might be a less expensive way to go about things than the alternative.
I thank Ivan McKee for that helpful intervention. That was raised by some of the organisations that I have just outlined. The answer is unknown just now, but that approach might indeed be less expensive.
20:00
I wonder whether you have managed to do any costings, or whether the Government has.
Always speak through the chair.
I was quite open and honest in my answer to Jeremy Balfour about that: I have not done any costings personally. I worked with the organisations that I have outlined to draft the amendment, but that work did not include costings.
I urge members from across the chamber to support amendment 250.
Before we move on, I wish to make members aware that we have passed the agreed time limit for the debate on this group to finish. I exercise my power under rule 9.8.4A(c) to allow debate on this group to continue beyond the limit in order to avoid the debate being unreasonably curtailed.
The intent of amendment 292 is to provide direct accountability through oversight of data. My concern is that, across the bill, we would be creating general or corporate responsibilities, but some of those areas need the direct accountability of an office-holder. Unfortunately, the drafting of the amendment is not good enough, so, when Jackie Baillie suggested that some of the other members speaking to this grouping might be being silly, in my case, she was being quite accurate. [Laughter.] I will not move the amendment.
I worked with BMA Scotland on the proposal for amendment 293. The purpose of the amendment is to establish a formal process for the review of all assisted deaths as they occur, through an assisted dying review panel. The panel would review the documentation from each assisted death to ensure that the correct process had been followed and to make recommendations for how the process and service could be improved, including—but not only—from a medical perspective. It would ensure that the documentation from each case was brought together centrally and analysed to ensure the compassionate, safe and practical operation of the act.
Review committees are common in other jurisdictions where assisted dying is provided, and they are included in legislation that was recently passed in the Isle of Man and in Jersey. The Isle of Man recently confirmed that a compulsory post-death review will be mandated in every case, and that reviews will scrutinise statutory declarations, medical records and compliance with all the safeguards that will be put in place.
Having a system for the routine monitoring and review of individual cases is important for those who provide assisted dying and for patients who might want to access it; it is also important in maintaining public trust and confidence in any system that is established. In a healthcare system, it is normal to discuss cases, to take on best practice and to learn from experience. An assisted dying service, if one comes into being through the bill, should be no different. It is difficult to see how that could happen when, under the current proposals in the bill, only a copy of the documentation would be kept and individual medical records would be spread across the whole country, with no way of bringing the information together for formal audit or review.
It was suggested at stage 2 that amendments to create a review panel were unnecessary and repetitious, because of the role of the Scottish fatalities investigation unit, which sits within the Crown Office and Procurator Fiscal Service, or because of the review that would be required under section 27 of the bill. However, neither of those options would provide the information, oversight or learning opportunities that would be presented by an assisted dying review panel, as I am proposing.
It is currently the case that the Crown Office and Procurator Fiscal Service investigates all sudden, suspicious, accidental or unexplained deaths in Scotland, but none of those terms apply to deaths under the provisions of the bill. In evidence at stage 1, COPFS said “it is likely” that the Lord Advocate would require all assisted deaths to be reported to COPFS, but there is no certainty about that at this stage.
At stage 1, the Crown Office also said that it would expect its involvement in investigating assisted deaths to be relatively short and unlikely to uncover concerns.
Section 27 is a retrospective review—
Will the member provide some clarification? I should say that I was initially not persuaded of the case for a review panel; the member is starting to persuade me, but I am unclear on this point. The Government commentary says—and it is clear in the amendment itself—that, while the bill stipulates that there are regulation-making powers, the member’s amendment is silent on whether those should be taken forward through the negative or the affirmative procedure, or whatever. Why is that?
Is the member referring to section 27 as it currently appears in the bill? I am trying to work out which part of the bill—
It says here that section 28 sets out “Regulation-making powers”.
I do not have those notes in front of me, so I am not quite sure what the Government has said in relation to where the provision would sit.
As things stand, the review function sits only within section 27, and it is important that we look at expanding that. My understanding is that the review under section 27 would take place only every five years—it is not a panel to look at reviewing the detail of any death that does occur—so I do not think that the two provisions are comparable.
To try to answer the question, the establishment of the panel under my amendment would also then be reportable to the chief medical officer, which is where the Government would have a role in ensuring that that information is made available to ministers and to the wider public.
To conclude, I hope that the need for the establishment of the panel is clear. It is important, if the bill proceeds, that we understand the information and have it all made centrally available, in order for us to know how the bill is operating and to ensure that there is consistency. It would also enable our medical professionals to come together to review and discuss cases and make sure that everything that we have discussed, after sitting for a number of days now, is being looked at properly, that best practice is being provided and that we are learning as the bill is taken forward. If we do not have the opportunity to put in place the panel, as I said, we will not have all that, so I urge MSPs to vote for my amendment 293.
I offer a word of consolation to Daniel Johnson, if I may—you have not really cut your parliamentary teeth until you have had to stand up and speak against your own amendment because you have only belatedly realised that it would do the exact opposite of what you had intended it to do.
I will speak first to my own amendments. Amendment 74 would insert a new provision into the bill. Its purpose is to give the Scottish ministers appropriate powers to ensure that the process for lawful assistance to end life as set out in the bill’s provisions can be integrated into existing NHS services and existing legislation regulating the provision of health and medical services can be modified as necessary to integrate lawful assisted dying.
The amendment is intended to operate in tandem with section 20A of the bill—inserted by Jackie Baillie at stage 2—which helpfully deals with the provision of assistance outwith the NHS. Section 74(1) would allow arrangements to be made
“for the provision of an assisted dying service”
made lawful through the bill. Amendment 73 would ensure that the definition of “assisted dying service” is closely tied to the provision of assistance under the bill.
The power that amendment 74 would provide to the Scottish ministers is, by necessity, a wide one, given the need for flexibility due to the complexities of Scottish health legislation, while still being tailored to the purpose that I have already mentioned. In other words, it would enable modification across the range of existing health legislation to allow for the necessary changes to be made to integrate assisted dying services with the existing services that are provided under the NHS.
I have an instinctive hesitation about providing the Government with more Henry VIII powers, so I wonder whether the member can help me out. I am wondering what it is that is lacking in section 31, which gives the Government ancillary provision powers, and, indeed, in the National Health Service (Scotland) Act 1978, which underpins a lot of this. Both of those already give Government pretty broad powers in this area. What is the member envisaging that may be necessary that would not be covered, particularly by the section 31 powers in the bill? I am sure that he is coming at the issue from a position of good faith and I am minded to support him, but I have an instinctive concern about any provision of more Henry VIII powers to any Government.
In a general sense, I share the concerns that Ross Greer has identified. He is right that the provisions in section 31 already accommodate quite a bit of what I have set out. However, for the sake of completeness, and in recognition of the breadth of health legislation and the need for the Government to put in place a comprehensive system that addresses all aspects of the delivery of the service, I consider that amendment 74 and the consequential amendments to it are necessary to allow for that flexible approach.
I have read the detail of amendment 74 and listened carefully to what Liam McArthur has just said. Is his vision or understanding that parts of the NHS would sit side by side, so that, for example, something that is already part of an NHS estate could be remodelled to include an assisted dying service? Is that the sort of thing that he thinks could be done through the regulations?
I have said from the outset that I envisage assisted dying to be an opt-in service. That has been reflected in some of the changes that I have made to the bill since its introduction. I have also recognised that the service will look different in my part of the world compared with the part of the world that Pam Duncan-Glancy represents. That reflects the delivery of health and care as things stand, and I think that it is the only way of making this work.
As I will come on to explain, part of the purpose of my amendments in this group is to give the Scottish ministers the power, by way of regulations and following consultation with the sector and with individual health boards, where appropriate, to set out how they envisage the delivery of the service. That would help to address the issues that Fulton MacGregor aims to address with his amendments—which I will come on to in a second—particularly access issues, which he rightly indicates can be problematic in more rural and island areas. The model that he describes exists in places such as Queensland and reflects the rurality of such places. That option needs to remain available, but it is not the only option.
As I said, the approach that I am seeking to take here is to allow the Scottish ministers, along with the sector and other relevant stakeholders, to develop that structure. Amendment 74 would create a consultation requirement to ensure that stakeholder views inform regulations that are made under the provision. The affirmative procedure would apply, giving the Scottish Parliament the final say on implementation.
I believe that my amendments in the group are the best route to ensuring that legally assisted dying can be safely, securely and appropriately delivered through existing NHS services.
I support Jackie Baillie’s amendment 48, which would ensure that the correct term, “Social Care and Social Work Improvement Scotland”, is used in section 20A. I also support her amendments 66 and 69, which would provide that regulations under section 20A(1) are subject to the negative procedure—except for the first regulations made under that section, which would be subject to the affirmative procedure. That would correct an omission that was made after stage 2.
Ms Baillie’s amendments 240 and 241 would adjust section 20A to require ministers to specify in regulations
“any settings or services where assistance must not be provided”
outwith the NHS. As section 20A stands, that would be something that regulations may include. I think that the provision as it stands is more pragmatic and provides flexibility for ministers, but I have no objections to Ms Baillie’s amendments in that regard.
Fulton MacGregor’s amendments 250 and 309, which would establish local services, would enable equitable access to dying people who wish to choose the end-of-life option. A similar system operates in some Australian states. However, as I said at stage 2, it should be for the sector to determine how to manage the assisted dying process within the parameters of the bill. Therefore, my sense is that it would be for the sector to determine whether each health board should or should be free to set up a specialist service.
20:15
I seek clarification. The member said that the service would be provided for patients within the NHS, but I am conscious that, once some patients access palliative care services or a hospice, they may no longer be funded through the NHS. Has the member given any consideration as to how that might affect those who are administering assisted dying for a patient or those who may not want to take part in the process?
The point that Clare Adamson makes highlights the need to ensure that the service is taken forward in consultation with the sector. It speaks to the points that I made earlier in response to Ross Greer’s question. Helpfully, Jackie Baillie’s amendments at stage 2 set out standards and parameters for the delivery by the public sector. The set of amendments that I am proposing in this group would provide flexibility.
I hope that I am not testing Liam McArthur’s or other members’ patience by intervening. The member would probably agree with me that, given some of the changes that might be necessary to create an assisted dying service within the NHS, his amendment 74 has the potential to make significant structural changes to the NHS—in its functions, its estate and in a number of other areas. Would a parliamentary process be attached to those regulations? Does the member think that enough scrutiny would be applied to what is being proposed?
Pam Duncan-Glancy makes a fair point. That is why it needs to be done sensitively and in consultation with those who would be directly affected. There would be an option for parliamentary oversight through the subsequent approval of the regulations, and parliamentary oversight would be provided on the back of the work that would be carried out by ministers in consultation with the sector.
I will not reflect on Daniel Johnson’s amendments and will draw a diplomatic veil over them.
I turn to Miles Briggs’s amendment 293, which proposes that an assisted dying review panel be set up. As I said at stage 2, I understand the rationale—which he set out very clearly—but I am concerned that such a panel would duplicate existing rules and processes, which involve detailed reporting requirements throughout, not simply for a five‑year review, but for ongoing annual reviews. He anticipated what I was going to say about the evidence that the Crown Office gave to the Health, Social Care and Sport Committee, which pointed to the Scottish fatalities investigation unit’s responsibilities in that area. I observe the Scottish Government’s view at stage 2 that the proposed review panel would play a similar role as that provided for in section. On that basis, I cannot support amendment 293.
Like Jackie Baillie, I thank all members for offering the Parliament a suite of options on which to reflect and vote.
It feels as though there is a gap for medical professionals who would undertake this work in different parts of the country, in terms of understanding how learning and reviews will be implemented across Scotland. What does the member think that the bill can do to ensure that that is improved? I do not think that section 27, which proposes a review after five years, offers a strong enough process. The minister may touch on that in his remarks—he is shaking his head, so maybe not. It is important for medical professionals so that they would have confidence that reviews would take place and so that the learning can be taken forward.
That is a valid point to make and concern to raise. Review and peer support for the medical professionals that would be involved in this will be important for overall governance. I would anticipate that being taken forward—probably by the professional bodies themselves—subsequent to the act being put in place. Certainly, that is the model that applies in other jurisdictions.
I hope that the Parliament will support the more flexible approach that is set out in my amendments.
Amendment 48 is a necessary technical amendment—I think that that is two in a row that Jackie Baillie and I are agreeing on—which assists Jackie Baillie to correct the name of the Care Inspectorate in section 20A.
On amendment 250, setting up individual specialist services in each health board area would have major financial implications and, given the small numbers of people who are expected to request an assisted death, particularly in the early years of implementation, it seems likely that many of those local services would receive no, or very few, requests.
On amendment 292, I note that setting up an assisted dying registrar would have financial implications, although the amendment provides that those could be lessened by nominating an existing body to carry out the functions.
The only comment that I can make on Miles Briggs’s amendment 293 is that the establishment and running of a review panel, as provided for by the amendment, would be likely to have major financial implications. I have no comment to make about the timescales.
For the remaining amendments in the group, the Scottish Government has no comment other than technical points to be found in its commentary.
Jackie Baillie to wind up and press or withdraw amendment 240.
For the record, I would never, ever describe Daniel Johnson as “silly”. That said, I will not detain members for much longer—there is no need to add anything substantial to my original comments.
I am struck by the fact that, while some of the amendments are technical and enjoy the support of the cabinet secretary, some are about operational and delivery issues. It worries me that we have not alighted on a clear model of delivery. It is clear that, if the bill passes, there is more work to do on that. If it is to be successful, good law requires thought from those legislating to consider implementation and delivery. It would have been helpful to do more work in that regard and I am sure that, if the bill passes, more will be done.
I press amendment 240.
The question is, that amendment 240 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Fergus (Inverness and Nairn) (Ind)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Against
Burgess, Ariane (Highlands and Islands) (Green)
Chapman, Maggie (North East Scotland) (Green)
Dey, Graeme (Angus South) (SNP)
Eagle, Tim (Highlands and Islands) (Con)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Harvie, Patrick (Glasgow) (Green)
Mackay, Gillian (Central Scotland) (Green)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Abstentions
Arthur, Tom (Renfrewshire South) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 110, Against 9, Abstentions 3.
Amendment 240 agreed to.
Amendments 48 and 241 moved—[Jackie Baillie]—and agreed to.
After section 20A
Group 15 is on referendum and reviews of act. Amendment 112, in the name of Stuart McMillan, is grouped with amendments 251 to 255, 117 to 119, 297 to 299, 313 and 314.
I will focus my comments on amendment 112, because it is distinct from the other amendments in the group. Amendment 112 would provide for a referendum on the bill to be held no later than 7 November 2028. I chose that date to allow the section 104 order process to be completed, which ordinarily can take up to 18 months, although, as we now know, that would not be the case for this bill.
Crucially, if the bill were to be passed next week, it would be incomplete, because the section 104 order process would still have to be undertaken. As such, we would be asking the UK Government to act on the wishes of the Scottish Parliament, and we cannot guarantee that those wishes would be delivered accordingly.
Given the subject matter and Liam McArthur’s engagement with members across the chamber, I believe that the UK Government would deliver something in accordance with the wishes and views of the Scottish Parliament—I genuinely believe that it would try to honour the will of this Parliament. However, we would be basing that on trust. We would give the UK Government the power to undertake the work on the section 104 order, and we would have no role thereafter.
Ultimately, amendment 112 would allow the Scottish electorate to have their say on what would be complete legislation once the section 104 order process had been concluded. That would mean that the public knew exactly what the bill entailed. People would be able to scrutinise all aspects of the bill, and they would know what every aspect of it involved.
I have no problem with the notion of putting things to the people per se, but I wonder what the practical effect of amendment 112 would be. The amendment says that there would be a referendum, but it does not specify what would happen, depending on the outcome of it.
The amendment is about the general aspect of having a referendum. I absolutely appreciate and accept that, afterwards, further dialogue and discussion would be needed. However, this issue is of fundamental importance in the eyes of the many people in my constituency who have been in touch with me and of many folk across the country. This is a very contentious issue—there are people who support the proposal, and there are people who are very much against it.
On Stuart McMillan’s point, there are, of course, differences of opinion in the chamber on the core bill, but we all agree that it should be scrutinised and made in Scotland. Although I am afraid to say that I do not support amendment 112, which would provide for a referendum on assisted dying, I am struck by the member’s argument that a section 104 order, in essence, allows for no scrutiny at all by any of us here on the employment rights of our doctors and nurses. Putting total trust in the UK Government is a pretty hard ask for a nationalist, so I understand the sentiment that underpins the amendment, although I disagree with the proposal on a referendum. Does he, as a fellow nationalist, appreciate where I am coming from?
I absolutely do. I understand that sentiment.
I tried to keep the constitutional element out of my proposal. I wanted to focus on the section 104 order process, because constituents, irrespective of their constitutional view—there are those who have the same view as the Deputy First Minister and me on this Parliament, and there are those who have a different view—have been in touch with me to ask for a say on the final bill, if it is passed next week, following the section 104 order process.
I appreciate the frustration that Stuart McMillan has expressed, which is felt by people from various parties, about the situation relating to the section 104 order. He mentioned that this is a contentious issue, but does he accept that the Scottish Parliament deals with all sorts of contentious issues and that, in a representative democracy, it is normal for people’s elected representatives to sort them out, unless it is a rule-changing constitutional issue?
20:30
Certainly. As we know, there is no written constitution across these islands. I would gently push back to Dr Allan that the constitution that applies in these islands is not really worth the paper that it is not written on.
What I am proposing is to allow the public to have their say. Let the public decide. We have discussed a range of amendments. We are on day 3 and we are back in again tomorrow. Some amendments have strengthened the bill, while it could be argued that other amendments have weakened elements of it—I am thinking back to amendment 94, which was discussed earlier.
Whatever stage we get to next Tuesday, if the Parliament votes to accept and pass the legislation, it will still be incomplete because of the section 104 order process.
I have been involved in two referenda and neither of the two of them resolved the matter at all. There is still considerable consternation from the losing sides, and they tend to move. I wonder whether that is really the best way to resolve such an issue.
Sadly, I have been on the losing side of the two referendums that I campaigned in, but the concept of referendums is important. They are a valuable tool for democracy. Just because there is no long history of having them across these islands does not mean that they are a bad thing. They are a valuable tool. I look at different jurisdictions across the world that use them more regularly, whether it be the Republic of Ireland, states of the US or Switzerland, to name just three examples. The concept of utilising referendums gives the public a positive opportunity to engage on particular issues.
Stuart McMillan referenced the Republic of Ireland. He would recognise that there is a constitutional provision in Ireland that says that, when there are to be amendments to the constitution, they are decided on by referendums. There is a variation of opinion in the state about whether that is the best way to decide elements of the constitution, which is obviously very different from the approach here. Crucially, a detailed citizens assembly process takes place before the development of a referendum there, which allows the question to be designed and the campaigning sides and all of that to be considered, for example. Does the member accept that we do not have that infrastructure here?
I thank Paul O’Kane for raising those points. I do not disagree with his comments about the Republic of Ireland; that certainly highlights an approach. I will play with one constitutional point—the fact that, although there are some limitations on this Parliament’s powers, I do not consider that to be a hindrance to the opportunity to allow the population of Scotland to have their say on a really important issue.
The member has had a few negative comments, so I will give him a positive reaction. Does he agree that one of the differences between the 2014 independence referendum and the Brexit referendum in 2016 was that in 2014 the whole population got really engaged, thought it through, discussed it on the buses, heard it everywhere and made an informed choice? I happened to disagree with that choice, but that process gave that referendum a legitimacy, despite what has been said. The Brexit referendum was very rushed and I would suggest that people had not thought it through. Does Mr McMillan agree that there needs to be a proper length of time for people to think the matter through, but that we could have confidence in the Scottish population to make a wise decision?
I thank Mr Mason for his comments, and I do not disagree. The purpose of the amendment and the timescale would allow for that length of time.
As I indicated in my opening comments, the section 104 process would normally take up to 18 months after the stage 3 process finished in the chamber. I considered that that length of time would be advantageous to allow for the section 104 process and for campaign teams to get together—whomever they involved—to have the opportunity to engage.
It is fair to say that the population is engaged in the issue. I know that based on the folk who have been in touch with me, and I dare say that, based on discussions that I have had with colleagues, we have all had hundreds of emails, letters and phone calls coming into our offices, in addition to whatever is on social media.
Miles Briggs rose—
I will take an intervention from Mr Briggs in a wee moment.
This issue is engaging many people across the country. I feel that, if we do not have the opportunity to have a referendum in the future on the bill and the section 104 provisions after they pass through Westminster—provided that the bill passes next Tuesday—it could have a negative impact on many constituents.
I will take Mr Briggs’s intervention now.
I ask Mr Briggs to be brief. Mr McMillan has been extremely generous in taking interventions, but I feel sure that he will very shortly—after Mr Briggs’s intervention—come to a conclusion.
When a similar amendment was debated at stage 2, Stuart McMillan could not provide costings for holding a referendum. Does he have that information now that we have reached stage 3?
No. I purposely did not provide that, because I feel that, when it comes to referendums, the aspect of democracy and having the opportunity for the public to have their say far outweighs the argument about the cost. That was one of the considerations that the Government mentioned in its notes for stage 2. With that, I am happy to conclude my remarks.
I move amendment 112.
I call Audrey Nicoll to speak to amendment 251 and other amendments in the group.
During the consideration of stage 3 amendments, there has been on-going interest in how the bill might impact our palliative care provision, and not least our hugely valued hospices. As colleagues who represent constituencies that contain a hospice will know, they are very dependent on charitable giving; they rely on it for approximately two thirds of their income.
Therefore, we must tread carefully in crafting the bill to ensure that the already delicate funding situation for our hospices is in no way weakened. Amendments 251, 253 and 254 would alter section 22A to require formal assessment of the act’s impact on hospices and palliative care every three years after it comes into operation. The amendments would ensure on-going monitoring rather than a single discretionary review and would require publication within six months, which would enhance transparency.
Does Audrey Nicoll share my concerns that the evidence clearly shows that there is no favourable impact from assisted dying on funding for palliative care? The law has led to the closure of hospices in Canada and the reduction of palliative care funding in other countries that have legalised assisted dying. Does the member agree that it is false to suggest that assisted dying has had no impact on palliative care funding? There is clearly anxiety across the hospice movement at the moment.
I agree with the points that the member made, and the concerns about the impact of introducing assisted dying legislation on palliative care provision. I am aware that research in Europe shows that there has been a clear trend in palliative care funding being devalued. Where care funding has increased, it has not been anywhere near in line with funding in countries that do not have assisted dying. That has increased significantly. I take the point that the member made, and I agree with it.
I will repeat an intervention that I made yesterday. A House of Commons inquiry found no evidence of palliative or end-of-life care deteriorating following the introduction of assisted dying, and it observed that assisted dying often acted as a catalyst for improvement. That was a 14-month inquiry by the House of Commons, so I am not sure what evidence you are referring to.
Always speak through the chair.
I would not argue with those findings, and I am sure that that evidence is robust, but there is evidence elsewhere that reflects a very different picture. The thrust of my amendments is to ensure that we can monitor, using an on-going method, the impact of an assisted dying provision on palliative care.
By linking to section 22A(2), the assessments would cover staffing, operations, funding streams and regulation. That would provide clear evidence of how the act affects end-of-life care services over time, and would enable policy makers and the public to identify and address any emerging pressures or issues. Given the heavy reliance of hospices and palliative care on charitable donations, which can fluctuate depending on factors such as cost of living and sustainability of Government funding, that is significant.
As the anticipated costs of assisted dying have not yet been settled, we must take every precaution to ensure that there are no unintended consequences as a result of passing the bill, if it does pass. I trust that colleagues will feel able to support amendments 251, 253 and 254 as important additions to the bill.
I call Stephen Kerr to speak to amendment 252 and other amendments in the group.
I am grateful to Stuart McMillan for starting the group off. He provided us with a beautifully crafted diversion from the content of the bill with his discourse on referendums, which I am sure will not be the last time that we hear the word “referendums” in this place.
I will first speak on behalf of Douglas Ross, who says that, in relation to his amendment 252, colleagues from across the chamber will know well the vital contribution that hospices, where we are blessed to have them, make to our communities and to the lives of our constituents. As is well documented, hospices are heavily dependent on charitable giving to provide the services that they do. Strangely, we tolerate a very high level of dependency on public donations to fund end-of-life care that we simply would not tolerate in any other vital area of healthcare. Knowing, then, how vital public donations are—
I recognise the point that Stephen Kerr is making; however, would he accept that hospices, as valued as they are—I declare an interest as the fantastic St Andrew’s hospice is in my constituency—are not the only source of palliative or end-of-life care?
I do not think that Douglas Ross is insinuating in his remarks that that is the case, but he is pointing out that, as I think Neil Gray has just said, some very high-quality end-of-life care is available in hospices. I specifically mention the local hospice in my home area, Strathcarron hospice, which does an incredible amount of good work. I have had the opportunity to be a beneficiary of the excellent work that it has provided for friends and family.
Douglas Ross is saying that we have—whether that is right or wrong—an in-built tolerance of the high level of dependency on public donations to fund that end-of-life care. He is not wrong when he says that that is something that we would not probably tolerate in any other area of our healthcare system. Knowing, then, how vital public donations are to the on-going viability of the hospice sector, Douglas Ross’s amendment 252 would clarify that assessments under section 22A must explicitly consider
“funding from charitable donations and other non-statutory sources”.
By including those sources, the review would capture the financial realities of hospices and palliative care providers that rely heavily on public generosity. I therefore trust that all members, especially those who are fortunate enough to represent constituencies that include a hospice, will be sure to endorse the amendment today.
I turn to my amendment 298. Group 15 allows us to consider something that sits quietly beneath much of the debate but that matters greatly to the people who will live with its consequences: the future of palliative—
20:45
On a point of order, Deputy Presiding Officer. I seek clarification. I have no problem with the member moving an amendment on behalf of Douglas Ross, but is Douglas Ross also voting in this debate? If that is the case, he should not be represented because, if he is voting online, he is, for all intents and purposes, in the chamber.
I thank Ms Grahame for her intervention. She will recall that, in fact, any member can move amendments on behalf of another member. That has been a long-standing rule of the Parliament.
Mr Kerr, please resume.
I return to amendment 298. I think that I was talking about the importance of palliative and end-of-life care in Scotland—I hope that we will concentrate our minds again on the issues in group 15.
Amendment 298 asks the Scottish ministers to review the funding of palliative and end-of-life care, including the impact that the act might have on the charitable donations that sustain so many of those services. That request is not made lightly. Across Scotland, hospice and palliative care exist today because of extraordinary generosity. Communities raise money, families organise events and volunteers give their time. Charitable organisations provide services that bring comfort, dignity and compassion to people in the final chapter of their lives. Those services are not peripheral to this debate—they are central to it.
For many people, the reassurance that suffering can be managed and that compassionate care will be there at the end of life is deeply important. The strength of our palliative care system shapes how people think about dignity, choice and the support that is available to them when they are most vulnerable.
I am sympathetic to Mr Kerr’s amendment, but I want to give one note of caution. I hope that in the new session, the Parliament will come together, across party-political lines, to support significantly more investment in palliative care. It is essential that that is done in the next session of Parliament, irrespective of whether the bill before us is passed. Whether or not it passes, I expect to see a significant increase in palliative care funding from the Government. Does the member agree?
Bob Doris and I are absolutely at one—
On a point of order, Deputy Presiding Officer. Perhaps I did not phrase my previous point of order appropriately. Mr Kerr is reading out a speech verbatim for a member who is online and is therefore deemed to be present in the chamber. I cannot understand that.
Ms Grahame, I have already ruled on the matter. I think that a refresh of the rules of our Parliament would be useful at this point—we are at 20:48, which is 17 hours and 52 minutes into our stage 3 proceedings.
Please resume, Mr Kerr.
Bob Doris and I are completely at one on the need for considerably more investment. We also agree on the issue of equality, which has been the theme of some of my remarks during the stage 3 consideration of amendments. The need for people to have a fair opportunity—
On a point of order, Deputy Presiding Officer. I am trying my best to listen to the remarks and the debate between Mr Doris and Mr Kerr, but all I can get in the background is another member who is chuntering away because they do not accept the order from the chair—[Interruption.]
Ms Webber, please resume your seat. I am not going back on that issue. The position is very clear with regard to the rules. I say to members that we are all tired, but we have to abide by the rules, which call for courtesy and respect toward all members. We have to listen—Mr Adam—to the member who has the floor, which, in the instant case, is Mr Kerr.
Please resume, Mr Kerr.
I did not realise that it would be so controversial to offer the words of my colleague in the debate, but I will certainly take a lesson from this.
This is the third or fourth time that I have agreed with Bob Doris about that need. Is that enough agreement? Have I done enough damage to Bob Doris’s career in the Scottish National Party? I probably have.
Bob Doris is right about the fact that the provision of palliative and end-of-life care services is not peripheral to this debate but central to it. For many people, such reassurance is of vital importance, especially at a moment when they are at their most vulnerable. That will probably include many of us who are members of the Parliament at the moment.
Amendment 298 therefore asks a straightforward question: if the bill changes the end-of-life care landscape, what impact might that have on the services that people rely on today? Some providers have already expressed concern that charitable income could be affected if assisted dying were to become part of the legal framework. If public perception shifts, donations may fall. If that were to happen, the consequences would fall not on institutions but on patients and families who depend on those services. That possibility deserves careful attention.
My amendment 298 would require the Scottish ministers to review the funding of palliative and end-of-life care and to examine whether charitable contributions had been affected by the operation of the bill as enacted. It would ensure that, where gaps emerged, the Government would have to step in so that such services would not be compromised. Amendment 298 is not about the Government replacing the role of charities; it is about recognising the extraordinary contribution that they already make and ensuring that their work would not be weakened by unintended consequences.
Whatever view members take on assisted dying, we should never allow the care that we offer to people at the end of life to be diminished. This Parliament has a responsibility to consider not only the principle before us but the wider consequences of the decisions that we take. If the legal landscape on how life may end is altered, we must be vigilant in protecting the care that supports people as they approach the end of life.
Amendment 298 is about that responsibility. It would require us to look carefully at the real-world effects of the legislation. It would safeguard the sustainability of palliative care provision and would ensure that people who need compassion and support at the end of life would not be left vulnerable to unintended consequences. That must be the watchword for every piece of legislation that we put through the Parliament, but it must be the watchword especially for the bill before us. For legislation that deals with matters of life and death, that is a responsibility that we should accept.
My amendments 255, 313 and 314 would require the preparation and publication of an independent review of the bill’s financial implications. I lodged versions of the amendments at stage 2, and I have lodged them at stage 3 because I do not believe that a satisfactory answer has been provided on the issues that they raise. Indeed, more information has been provided by the Government in the interim, since stage 2.
In my view, there is far too much that we do not know. We have discussed the fact that the bill lacks a financial model. Tonight and tomorrow, we will make decisions, as we have done in previous days, that will affect the overall costs.
As deputy convener of the Finance and Public Administration Committee, I was involved in scrutinising the original financial memorandum for the bill, which was found to be full of holes and significant underestimates. It was also found to be largely silent on key financial implications of assisted dying.
The Royal Pharmaceutical Society Scotland described the estimated cost of £80 per dose to end life as
“a huge underestimate of the actual cost”,
while the Royal College of Nursing said that the financial memorandum was
“largely silent on the resourcing implications for nursing, despite the Bill establishing a key role for registered nurses in the process.”
Compared with the number of people who had an assisted death in places such as Queensland, the financial memorandum appeared to the committee to vastly underestimate the number of people who would seek assistance to end their life in Scotland. In addition, we found that it did not take account of Scotland’s poor health record, which could lead to higher eligibility for assisted dying. Finally, and most critically—
Will the member give way?
Will Mr Marra give way?
I will come to members in a moment.
Despite Liam McArthur’s insistence that the bill should be accompanied by improvements in palliative care so that people would have a genuine choice, not a penny was identified in the financial memorandum for palliative care.
I will take an intervention from the Deputy First Minister.
Mr Marra talked about scrutinising the financial memorandum and he has also referenced a lot of healthcare professionals, such as doctors and nurses. Was there any discussion about the interaction between the UK Government legislating through a section 104 order with regard to employment protections and the effect on devolved finances?
I confirm that there was no such discussion, because that particular remedy was not known at the time that the financial memorandum was scrutinised by the Finance and Public Administration Committee. The implications have developed quite significantly in recent weeks—we heard the discussion last night about who knew what, where and when—but, certainly, the Finance and Public Administration Committee knew none of that information, as it was not available to us at that point in time.
I am on board with Mr Marra on a lot of this. However, he has not mentioned savings, which also came up at the Finance and Public Administration Committee. One of my fears with the bill is that, in future, Governments and the NHS could save money by encouraging early deaths. Does he not think that, as well as extra costs, that needs to be looked at?
Of course, my colleague Mr Mason, as a member of the committee, raised those issues at the time. I understand that there is a real sensitivity in how the issue is discussed and how that might imply something about motivations on one side of the debate or the other. I do not take a position on that. However, I understand that Mr Mason has strong feelings on the issue, and he is right to put on the record the concerns that he has at this time.
Mr Marra is legitimately laying out his concerns about the financial memorandum, but I will bring him back to his amendment 255. Again, I am quite relaxed about much of it, and I think that there might be merit in it. However, I am perplexed by the very final part, because he mentioned in his contribution that his amendment provides that a report on the review would have to be
“published and laid before the Scottish Parliament”,
which we all understand. However, he did not mention that his amendment goes on to say that that would be
“for approval by a resolution of the Parliament.”
What does that mean?
In my view, the report should be laid before the Parliament for scrutiny, and a vote should be taken on whether it would be approved as a recommendation on the system. That is my view on the amendment, as it was drafted.
Just to push that further, how do we approve or disapprove of a review? I am not quite following the logic.
A motion could be lodged and a vote taken on whether the Parliament accepted the conclusions of the review. That would give some kind of legitimacy to the system and its cost. I take Mr Hepburn’s point on that, however.
I will make some progress. The Scottish Government’s response to the revised financial memorandum gives me little confidence that many of the issues that I am raising have actually been addressed. Those issues were set out recently in a letter from the Cabinet Secretary for Health and Social Care to the Health, Social Care and Sport Committee on 26 February. As the delivery model for the bill remains unclear, the Government is warning us that
“any discussions around costs are, at this point, purely illustrative.”
The Scottish Government disagrees with many of the assumptions that have been made in the revised financial memorandum, such as that the provision of assisted dying would be “absorbed” into “existing budgets”. That is not the case, says the Government. The financial memorandum says that the bill would have “minimal” cost implications. That is not the case, says the Government. The memorandum says that data collection from Public Health Scotland would be
“minimal and covered by existing budgets”.
Again, the Government says that that is not the case.
It is abundantly clear that, even with a revised financial memorandum, Parliament has no idea how much the legislation would cost. The letter from Mr Gray also states that funding the costs would require “a degree of reprioritisation” and that negative impacts would be kept “to a minimum”. That would mean cuts to other parts of our NHS to pay the costs of this service—that is absolutely clear.
I will also comment on the fact that there is no mention of assisted dying in the budget for 2026-27, and nor is there in the Scottish spending review, which covers the next three years. In the discussion that we have just had, Mr Doris pointed out that he would like to see more funding for palliative care. Again, there is no additional money for the expansion of palliative care in the 2026-27 budget, and no money is earmarked for the expansion of palliative care in the Scottish spending review, which sets out the spending plans for this Government and the trajectory of spending for the next three years for whoever forms the Government after the election.
21:00
Promises have been made by both sides of the argument. People who are in favour of assisted dying say that we should have enhanced palliative care as an alternative to assisted dying, but there is no allocation of money. People who are opposed to assisted dying wish to see more and improved palliative care as a true alternative, but, again, no money has been offered. We should be fundamentally honest that there is no money. Of course, future Governments can change that position, but the spending plans of this Government are set and no additional money has been allocated for palliative care.
I am keen to remind members that the provision of palliative care is not just the provision of that care itself; it includes workforce planning and staff training, often in specialist roles, and there are potentially significant additional costs for colleges, universities and other teaching environments.
Audrey Nicoll makes the fair point that any expansion of that service will come with more than the direct cost of providing care and that any scaling up of palliative care would take both time and resource. We all share an aspiration in that regard, but must consider the bill on the basis of what is in front of us when no money has been allocated for any of that—none.
No one here, whatever their political views, would question the considerable strain that our NHS is under or the fact that health budgets look set to be tight in the coming years, given the rising demand across Scotland. The Scottish Fiscal Commission is clear about that trajectory. We know that the money to pay for the bill will come from those resources, so Parliament would be neglecting its duties if it did not ensure robust financial oversight and scrutiny before the legislation is implemented.
My amendments would require Parliament and Government to acknowledge the significant costs that would be involved, to put that on the record, to approve spending and to say where that money should come from. I urge all members to support the amendments.
Turning briefly to other amendments in the group, I am happy to support the amendments from Audrey Nicoll, Douglas Ross, Bob Doris, Jackie Baillie, Sue Webber, Jeremy Balfour, Stephen Kerr and Miles Briggs because they all, in various ways, aim to increase data collection, which I think is essential. I urge members to vote against the amendment from Stuart McMillan.
I am not sure that the concept of a referendum was actually Stuart McMillan’s idea, but I am sure that he will take the credit for it.
No matter our views on assisted dying, we surely all believe that it is essential to include adequate mechanisms by which we can monitor the impacts, effectiveness and safety of the bill, should it become law. Given the complexity and nature of the issues involved, it is crucial that we have baked-in ways of understanding how the legislation is working in practice from the outset and that is what my amendment 117 relates to. It would add several important items to the list of matters to be included in the five-year review of the legislation. Much of our debate in the many—now 18—hours that we have spent here has revolved around the registered medical practitioner assessments dealt with in section 6 of the bill and the requirements for those as set out in section 7. My amendment 117 would ensure that any review explores the extent to which the requirements set out in section 7, as amended, have been undertaken. It would also ensure that the documentation, statements and so on have been compiled in accordance with the provisions of the bill.
Similarly, the review would have to consider the information on assisted dying that is made available to relevant professionals and to those wishing to have an assisted death. Once again, provisions on that are contained within the bill. The review would also have to consider the information made available to the Scottish Government by Public Health Scotland, a lot of which relates to amendments to be considered in group 20. That information is essential if any review is to be meaningful and informed.
Also, and most significantly, a review carried out in line with my amendment 117 would have to examine
“the operation and effectiveness of any safeguards within this Act”.
I understand that there has been some debate about the effectiveness of the safeguards and provisions in other jurisdictions, but if the bill is passed, we will not be scrutinising other jurisdictions; we will be scrutinising the act that will be in force in Scotland and therefore must build in a review that will work properly here in Scotland. We must ensure that any review carried out here, should the bill become law, collects robust data on assisted dying while examining in some detail, and in an informed way, whether the various concerns about assisted dying have been realised.
I did not want to intervene on Mr Marra, so, as my final comment, I note that there is an increase in palliative care funding in the budget. However, it is not enough of an increase, and we need to see far more funding in that area.
Michael Marra rose—
I will not take an intervention—it is the only time in the debate that I will not do so. I just wanted to put that point on the record.
I lodged amendment 118 on behalf of Hospice UK. The amendment would ensure that the five-year review of the assisted dying legislation considers the effectiveness of the code of practice, which is set out in section 22B of the bill. Members will know that the aim of the code of practice is to ensure that palliative and end-of-life care services are supported if assisted dying is legalised, and that any negative impacts are mitigated and managed. Amendment 118, if members support it, would ensure that, when the implementation of assisted dying legislation is reviewed, the impact on palliative and end-of-life care services is considered, including, for example, whether any changes to staff training for those working in palliative care are needed, or whether additional guidance should be provided to hospices.
Amendment 118 is similar to an amendment that I lodged at stage 2, but it takes a narrower approach that is tied more specifically to the code of practice, which now forms part of the bill. There are many potential ways to review the effectiveness of the code of practice as part of that five-year review. For example, hospices or palliative care providers could be consulted on how well the code of practice has supported them. Unfortunately, the Scottish Government’s commentary on the amendment does not acknowledge that narrower approach, although I hope that the cabinet secretary will do so in his remarks. The Scottish Government’s commentary repeated comments that were made at stage 2 about data being required from Public Health Scotland. I point out as gently as possible that the key outcome of the Scottish Government’s palliative care strategy is to improve data collection and that amendment 18 would fit neatly with that approach.
Jackie Baillie might want to recognise that, in the 2026-27 budget, there is an increase in resource funding for palliative care, but it is to pay staff more money. The point that I made in my speech was that there is no resource to expand capacity in palliative care. Does Jackie Baillie recognise that?
I, of course, recognise that as being true.
Amendment 119 would strengthen the statutory review by requiring Scottish ministers to examine, document and report on potential risks, failures and unintended consequences arising from the operation of the legislation. It would ensure that the review considers clinical safety, the effectiveness of safeguards against coercion or undue influence, the accuracy of eligibility assessments and any differential impacts on vulnerable groups. The amendment proposes transparency, evidence-based evaluation and informed parliamentary scrutiny of how the legislation operates in practice.
We have discussed the importance of recording key outcomes of the bill, and I have spoken about the side effects of the drugs. However, we must also record other differentials. Last week, we heard from Tanni Gray-Thompson, who reminded us that the six-month prognosis can be very different for someone who has economic means compared with someone who does not. Doctors might consider someone who is homeless or without family support as having a shorter prognosis than someone who has money to spend on treatments and care and who has a supportive family around them. Earlier in our stage 3 considerations, we also heard about the difficulties in making an accurate prognosis and the factors that can affect that. All those things must be recorded and reported on to ensure transparency and safeguarding.
We cannot have a bill that impacts the vulnerable differently. Amendment 119 would simply ensure that those differentials are recorded and monitored so that we can act if we see those who are homeless, those living in poverty and the disabled being pushed into an assisted death due to circumstances rather than illness.
Colleagues, that will happen. The length of prognosis for someone living in poverty will be different from that for someone who is not living in poverty, and, as I have said before, the bill is deeply flawed and will impact those who are already struggling to a greater extent than those who are living with means. It is shocking that we have to consider such a situation and that I have to lodge an amendment that does nothing to stop it and only records it, but that is where we are. Although I remain steadfastly against the bill, I am doing what I can to raise awareness around some of the issues that it contains and around the ways in which we can protect the most vulnerable in Scotland.
Before I turn to my amendment—members will be glad to hear that I intend to be very brief—it would be helpful if the cabinet secretary could give us some indication of the financial cost of this. I have been in the Parliament for 10 years and have never been in a position where we have been asked to pass a bill without any concept of the costs. I appreciate that that will take time to draw up, but will it be funded in year 2, year 3, year 4 and so on? I appreciate that the Government is neutral on the bill, but whoever forms the Government after May will have to fund it. For us to pass legislation when we have no concept of the costs seems rather strange.
I turn to my amendment 297. It is an important amendment that would introduce a requirement for Scottish ministers to review and report specifically on the interaction between the operation of the bill and suicide prevention. It would ensure consideration of overall suicide rates, any cases where individuals might have benefited from alternative interventions, the effectiveness of procedures for identifying and supporting those who are at risk and any unintended impacts on mental health or suicide prevention measures. It would promote transparency and accountability and, as always, the protection of vulnerable individuals in relation to the broader public health implications of the bill.
It closely follows an amendment from Stephen Kerr amendment, which suggests recording and reporting on the impact of the bill on suicide prevention services. Amendment 297 builds on that. I believe that it will help if it is agreed to, and I hope that colleagues will support it.
We have a good set of amendments in this group. I worked with Marie Curie Scotland on amendment 299 and on amendment 288, which is in group 20 and which we will come to tomorrow. One of my concerns about the bill from the outset has been the aspect that no one should choose an assisted death because they cannot access the care and support that they need. As we go through the process, that is one of the hardest aspects for anyone who will vote for the bill, because the number of people dying in Scotland is rising every year, and 90 per cent of them need some form of palliative care. I undertook my Right to Palliative Care (Scotland) Bill consultation with Marie Curie to look at how that can be improved.
It cannot be ignored that our palliative care and end-of-life system is currently in crisis, with significant inequalities in access to care, unmet need and highly variable quality and distribution across the country.
I know that Miles Briggs takes a huge interest in palliative care, and I am very conscious that members across the chamber think that, irrespective of what happens with the bill next week, we should focus on palliative care. What is his vision for the future of palliative care in Scotland?
I thank Kate Forbes for that intervention, and I will come on to that point.
It is important to put this on record, because many people who have dedicated their lives and careers to our palliative care service have watched this debate, and I do not want them to think—as I know that some will—that we have spent any time talking the service down. They work across our communities to deliver for individuals and families at the most challenging times in their lives. They do amazing work, and we should all thank them for what they do day in, day out across our country. [Applause.]
We know that 18,500 people across Scotland each year die with significant unaddressed symptoms and significant concerns about their care, and that almost one in three people do not have their palliative care needs met.
21:15
To try to answer the Deputy First Minister’s question, I note that this debate is taking place ahead of an election and, in that campaign, we need to be honest—all of us, from all political parties—about what will be needed in the next session. It comes down to funding models.
After the election 10 years ago, I worked with Children's Hospices Across Scotland to lobby the then health secretary, Shona Robison, on match funding and I was pleased when she announced a 50 per cent funding package for CHAS. That funded hospice care for children across Scotland, and it was a really important step forward in meeting the funding needs of that sector. We have recently seen money put into the budget for that sector, but not what the sector asked for. The sector asked for £13.5 million to enable it to meet the agenda for change measures, but it did not even get that. If we cannot help it to match NHS funding, how can we look at the wider unmet need? There will be additional costs in future to meet the service needs that will be involved in enabling people to die at home, which is where people want to die. I hope that all our manifestos will be honest about that cost.
Whoever forms the Government after this election will have to seriously look at developing a new funding model for the hospice sector. What that sector does should not be brought into the NHS—I am not advocating that, as that would mean that the service would lose much of its quality as well as the personalisation of the service for families and individuals across our country. It needs an opportunity to meet that need on its own and to have access to safe funding models that will enable the service to be delivered in each and every one of our communities. I thank all the members who undertook local consultation exercises as part of the wider consultation that I undertook along with Marie Curie.
Amendment 299 would require there to be a five-year review involving Scottish ministers’ assessment of the
“availability, quality and distribution of palliative care services to people with palliative and end-of-life care needs”,
the
“availability of information to such persons about accessing palliative care services”
and the implications of the legislation that we are discussing for palliative care services. It would also require Scottish ministers to set out their assessment of the action that they intend to take in relation to palliative care services as a result of the review.
Regardless of the outcome of our deliberations on the bill, I hope that the current debate will provide a catalyst for further improvements to be made to the quality and availability of palliative care services across our country.
I wish to comment on amendment 112, which proposes that the bill could be the subject of a referendum after royal assent. I realise that my friend Stuart McMillan feels strongly about the issue—I also realise that he is sitting directly behind me—however, I believe that, in a representative democracy, referenda should be reserved for major changes on constitutional questions. That is a tradition that has grown up in Scotland and the UK over the past 60 years, although I stress that I am not making an argument from tradition; if I thought that the tradition was mistaken, I would say so. Indeed, the UK has not been responsive enough to demands for constitutional referenda.
Some mention has been made of the Republic of Ireland, and it is true to say that Ireland has referenda on issues of the kind that we are debating here today. However, as Mr O’Kane pointed out, that is because those questions involve changing parts of the 1937 constitution, which requires that all constitutional amendments be put to a referendum.
If we lived in ancient Athens or in some cantons of modern Switzerland, it is possible that referenda might form an established part of our day-to-day legislative process. However, I genuinely fear what would happen if we were to set a precedent today of moving to referenda on individual non-constitutional pieces of legislation. Without using hypothetical examples, I can say that, if we were to go down that route, it is easy to imagine situations in which some angry majority in the country might, at some stage, decide to whip up online hostility against some minority or other and then seek to press for a referendum on their interests.
I can understand the motivations that members might have for considering supporting amendment 112. They have been gone over. It is tempting to try to find some way of moving this difficult debate into another sphere. However, after many months of public engagement and debate, and after many days and nights of parliamentary scrutiny, the public expect us to make decisions.
I understand the risks of amendment 112, but one of our challenges has been to engage the public more in decision making. We have tried different approaches, such as citizens assemblies. It was because there was a referendum in 2014 that people thought about independence in much more detail. Does Alasdair Allan not think that people would think assisted dying through in greater depth if there was a referendum?
I accept the point about the validity of referenda. I am merely making the point that they work best when we are talking about changing the rules of the game through some major constitutional change.
The public rightly hold us to account at elections. Constitutional questions aside, that is how representative democracy should work, so, respectfully, I cannot support Mr McMillan’s amendment 112.
I pressed my button to speak briefly on amendment 112, in the name of Stuart McMillan, but Dr Alasdair Allan has made nearly all the points that I was going to make, so I will not elaborate much further. I agree with him about the constitutional and political tradition that we have, in which we have referendums only to deal with major constitutional matters. To start proposing them on other matters—social matters or changes in the law—could take us down a different route.
We have a political tradition for elected members of Parliament that is best summed up by the writings of the Ireland-born philosopher and English politician Edmund Burke. Two centuries ago, he set out the responsibilities of members of Parliament. We come here not as delegates but as representatives. Members of Parliament are elected to exercise their judgment once they are elected. We are not here to represent exactly the views of everybody who votes to put us into Parliament; we are here to exercise judgment.
Dr Allan made a reasonable point as he concluded. We have seen it elsewhere that, sometimes, people will vote in referendums not on the topic that is on the paper in front of them but to cast judgment on wider issues—for example, on whether the Government of the day is doing a good job. We have seen that in referendums that took place elsewhere in Europe and, indeed, in Ireland, in which people voted not on the question that was before them but on different matters. That is what makes referendums on topics such as assisted dying dangerous.
Apologies, Presiding Officer—I keep pressing my request-to-speak button rather than the intervention button.
I agree with the points that Murdo Fraser and Alasdair Allan have made, but does Mr Fraser not also think that there is another challenge? I made the point in an intervention on Stuart McMillan earlier. Aside from all those issues, amendment 112 does not even point to the practical effect of the proposed referendum. It does not say what would happen next—so what is the point of it, to be frank?
Mr Hepburn makes a reasonable point. Perhaps Mr McMillan can address it in winding up, because the amendment does not specify that.
People who vote in referendums sometimes cast a vote for different reasons. They will not always scrutinise in detail the issues that are before them. Whatever our views on the bill that is before us, we are now 18 and a half hours into scrutiny of amendments, so nobody could reasonably argue that the members of this Parliament are not doing their job properly in scrutinising the legislation. People who vote for us do so trusting us to take such decisions on their behalf. We should accept that responsibility and not try to pass the buck to somebody else.
I have heard the quotes from Edmund Burke a number of times over recent years. He was giving his point of view about the responsibilities of a member of Parliament. It was a conservative point of view, vehemently opposed by many other people who thought that it was not right. It was not written on tablets of stone—there are many other different versions of what an MP can be.
In relation to Stuart McMillan’s amendment 112, I believe that the member has identified a democratic deficit, and I will explain why. Although I am not normally a huge fan of them, I think that it would have been advantageous if we had been able to have a civic assembly go into some of the detail that we have gone into over the past many hours. However, we did not have that and we are where we are.
In my view, the deficit arises in relation to the section 104 order. Although, coming into the debate, I was more concerned about coercion, the section 104 order is a concern of mine now. The point that the Deputy First Minister raised about it is very important. If the cabinet secretary felt able to intervene, it would be useful if he could say whether he has any understanding of whether what I am about to say about the progress of a section 104 order is correct. As I understand it, once such an order has been agreed between the Scottish Government and the UK Government, it will be submitted to the House of Commons and must be accepted in its entirety or not accepted at all. That is what I have been told, although it may be wrong—I am just looking for confirmation of that.
The Government’s commentary on Stuart McMillan’s amendment 112 indicates that, if the bill was passed, it would be on the statute book before the referendum that Stuart McMillan proposes could take place. However, I do not know how that can be said, because I do not think that we have a definitive timescale for the section 104 order process.
This is the substantive point that I want to make about the doubt that is in my mind. I was visited by a GP in my constituency who said that she would resign on the day that the bill was passed if it did not sufficiently provide for conscientious objection. She felt that, having taken the Hippocratic oath, she should never be in the position of being involved in assisted dying. She would stop being a GP if the proposals went ahead.
I know that this will be considered contentious by different political parties, although it is not supposed to be, but, if the bill is passed and we go into a section 104 order process, it is not hard to imagine a situation in which the governing party in London does badly in the elections in May and we subsequently have a constitutional environment in which assisted dying is rejected at Westminster but approved in Scotland. Some people might have good faith and trust that the UK Government would honour the section 104 order process, but I do not. I am not making a party political point; I just do not think that we can have that confidence. That is my real worry about the provisions on conscientious objection and other provisions.
Stuart McMillan has rightly identified a democratic deficit, because, if we pass the bill, we will then pass responsibility for it to someone else. The democratic deficit is, as Alasdair Allan said, in relation to representative democracy in this Parliament and MSPs being able to decide on the issue, not so much in relation to people.
I just wanted to voice those concerns.
I will work my way through the group as quickly as possible, starting with amendment 112, regarding a referendum on what would by then be an act, not a bill—so it would be in statute, with the expectation that it would be implemented. We raised technical concerns at stage 2 that are on the record.
On amendment 118, I am sorry to disappoint Ms Baillie after the request she made of me regarding my summing up. It may be difficult to show a direct correlation between the code of practice and any improvement or decline in support for hospices and providers of palliative and end-of-life care, given that there could be other reasons for such changes, including the work that is being undertaken to deliver on the palliative care strategy, “Palliative Care Matters for All”, as I discussed in the debate on group 2, or, indeed, the additional funding that we are providing for hospices. Those initiatives may lead to improvements, regardless of the bill or the code of practice.
On amendment 119, the breadth and level of detail specified may have implications for the scale, complexity and resources that are required to carry out a review. Those factors would need to be considered in implementation.
Amendments 255, 313 and 314 would provide for an independent review of the financial implications of the implementation and operation of the act and for a report on its findings to be laid before the Parliament. I reiterate my comments from stage 2 that the timing of a review could be challenging, given that this is a members’ bill. The usual pre-introduction policy development has not occurred, which is an observation that Jackie Baillie referred to in her conclusion to the debate on the previous group.
Should the bill pass, there would need to be a substantial implementation period and consultation with relevant stakeholders to develop the policy framework, during which time the Scottish Government would undertake its own assessment of the financial impact of the bill. Such a review could therefore result in duplication and would be curtailed by decisions needing to be made on implementation, as well as requiring resource. I am also concerned that it is not clear what the effect of Mr Marra’s suggestion regarding a resolution of Parliament would be.
09:30
We have rightly had a lot of discussion about the absolute essential necessity of ensuring that palliative care is supported and funded. Is the cabinet secretary in a position to also guarantee that there would be no cuts to other areas in his portfolio, such as the social care budget, the budget available to integration joint boards or the budget available for child and adolescent mental health services if the provisions in the bill were to be implemented?
I have put on the record the Government’s position about choices having to be made in relation to budgets for the bill. I have also put on the record that the funding of palliative care is the responsibility of integration joint boards; it is not directly funded by the Scottish Government.
Edward Mountain rose—
I will give way to Edward Mountain, but he will be the last in the group.
I raised the issue in Parliament the other day, after you wrote to the committee before the stage 3 debate saying that there was no extra funding and that the funding would have to come from within the existing national health budget. Can you confirm that that remains the case and what your estimate would be of the costing?
I have no estimate of costing. This is a member’s bill as opposed to a Government bill, so the usual controls and strictures that apply when the Government leads a bill are not the same. It is impossible for me to say what the current financial cost would be until the conclusion of the bill process, not least because we are voting on amendments that could have financial implications.
On amendment 297, it might not be possible to provide the required information on the impact of the operation of the act on suicide prevention and broader mental health outcomes. Although it would certainly be possible to provide statistics on the number of assisted deaths that have taken place and the suicide rate in Scotland in the same period, it is likely to be difficult to provide any definitive view on whether the former had any direct causation on the latter. The same difficulties arise for other requirements under amendment 297. If it were possible to provide the data that is being asked for, significant investment would be required to set up the processes to gather it.
I appreciate the sensitivities of these subjects, so I ask members to be careful not to conflate suicide and assisted death. I point to the Scottish Government’s suicide prevention strategy, which sets out our vision for reducing suicide deaths in Scotland.
On amendment 298, it should be noted that the additional information required in the report would rely on data from Public Health Scotland, which does not currently collect data in the manner requested. That is in large part because, following the introduction of the Public Bodies (Joint Working) (Scotland) Act 2014, it became the responsibility of integration joint boards to plan and resource adult palliative care services, including hospice services, for their area, based on local need—a point that I put on the record in response to Pam Duncan-Glancy. In addition, palliative care is delivered across a wide variety of health and social care services, such as care-at-home services, hospices, care homes and hospitals. Therefore, new processes and investment would need to be included to support that level of data collection, development and reporting. The same considerations apply to amendment 299.
Regardless of whether the bill passes, the Scottish Government is committed, through our palliative care strategy, to improving the way that data is recorded and reported to support better service planning and monitoring. The Scottish Government has no comment to make on the remaining amendments in the group, other than the technical points that are to be found in the commentary.
On Stuart McMillan’s amendment 112, I find myself in whole-hearted agreement with my fellow islander, Dr Alasdair Allan, on the concerns that he raised. If the bill is passed, it will be after widespread consultation with the public, extensive engagement with the public and stakeholders and extensive scrutiny, debate and amendment.
I say by way of reassurance to Mr McMillan that polling consistently shows overwhelming public support across Scotland for a change in the law of this type, including the support of a majority in every constituency and region of the country. John Curtice’s 2025 Scottish social attitudes survey found that 81 per cent of people are in favour of assisted dying for someone with a terminal illness. The National Centre for Social Research has analysed attitudes towards assisted dying across the UK, including in Scotland, and has concluded that the picture on assisted dying is
“one of remarkable stability and near consensus in public attitudes.”
Ultimately—this is the point that Keith Brown, Alasdair Allan and Murdo Fraser all made—it is for the Parliament to decide on the basis of the remit that we have as elected representatives. My proposals received the highest number of responses to a consultation on a member’s bill, and scrutiny has been robust, as I say.
Amendments 251, 253 and 254, in the name of Audrey Nicoll, are mostly constructive and proportionate amendments to section 22A, and would require the Scottish ministers to assess and report on the impact of the act on palliative and end-of-life care services. I reiterate Rona Mackay’s point in relation to the House of Commons Health and Social Care Committee’s report. Its extensive inquiry into assisted dying found no detrimental impact on palliative care and, in many cases, the impact was the reverse. I have no principled objection to the amendments in Audrey Nicoll’s name.
However, I am not persuaded by Douglas Ross’s amendment 252, which would provide that the assessment under section 22A must include information on the impact on funding from charitable donations and other non-statutory sources. I do not think that that is necessary, partly for the reasons that the cabinet secretary highlighted in his earlier intervention.
On Michael Marra’s amendment 255, I reiterate the comments that I made when the same amendment was lodged at stage 2, noting the Government’s view on the deliverability challenges. As the cabinet secretary has noted, should the bill pass, there would need to be a substantial implementation period and consultation with relevant stakeholders to develop the policy framework for the bill, during which period the Scottish Government would undertake its own assessment of the financial impact of the bill.
I will be brief. What is Liam McArthur’s reaction to the letter from the cabinet secretary that came subsequent to stage 2, which clearly set out that putting the bill in place will require cuts to other NHS services?
In fairness, I do not think that that was what the cabinet secretary said. It has been phrased that in the way that Michael Marra wants to phrase it. I point to the very sensible contribution from Miles Briggs, who said that we are legislators and that we are going into an election, so it is up to parties across the chamber and those who aspire to be here to set out in their manifestos their commitments to palliative and other care.
I observe that if the debate on the bill has shone a light on palliative care that did not exist prior to the introduction of the bill, I very much welcome that and hope that that will continue.
The review that is proposed by Mr Marra could result in duplication, as the cabinet secretary said, while bringing with it its own financial implications.
With regard to amendments 313 and 314, I am not in favour of tying the commencement of the act’s substantive provisions to the production and approval by the Parliament of a report.
I note that amendments 117, 118 and 119, in the names of Bob Doris, Jackie Baillie and Sue Webber respectively, all set out information to be included in the review of the operation of the act. Although I believe that much of the information would be captured in the review provided for in the bill, I am prepared to accept amendments 117 and 118. However, I do not consider amendment 119 to be proportionate, helpful or necessary.
In relation to Jeremy Balfour’s amendment 297, which would require information on the impact of the act on suicide prevention and broader mental health outcomes to be included in the review, I do not believe that that reflects the purpose of what we are debating today. The bill is distinct from suicide prevention policy. As I said in the debate at stage 1, organisations that work in suicide prevention have also emphasised the importance of maintaining a clear distinction. Mental health charity SANE, along with suicide prevention leaders in jurisdictions including Australia, have stated that assisted dying should not be described as suicide and have urged Governments, the media and politicians to keep those distinctions.
On Stephen Kerr’s amendment 298 and Miles Briggs’s amendment 299, which would require information on palliative and end-of-life services to be included in the review of the operation of the act, I have championed and will continue to champion the importance of palliative care. Although I note the Scottish Government’s comments on the feasibility of such an assessment, I certainly understand why MSPs might wish to see those services included in the review and do not oppose their inclusion, albeit that there might be questions about the extent to which such information will be available in a meaningful way.
I call Stuart McMillan to wind up and to press or withdraw amendment 112.
On Liam McArthur’s final points, I note that I did not previously highlight what I am receiving in my inbox, including from my constituents. Mr McArthur mentioned a range of figures with regard to public support. From the perspective of my office, the ratio of people who are against the bill to those who are for it is 4:1. That is what I am getting in my office, but the position described on social media is the exact opposite. Earlier, I purposely stayed away from saying what I am receiving, because I wanted to focus on the other aspect of my reason for lodging amendment 112.
I say to Murdo Fraser that, yes, we are representatives. My constituents on both sides of the debate have asked me to lodge amendment 112, so I am content that I have done my job for all of them. I believe that it is the right thing to do anyway, but I have done that because it is what people in my constituency, on both sides of the debate, have asked me to do. On his point about voting, I note that the electorate votes for a wide variety of reasons, whether it be in an election or in a referendum, and I do not see this process as being very much different.
Murdo Fraser also spoke about traditions. This Parliament can create its own traditions—I put that point to Dr Allan, too, with regard to his earlier comments. We can create our own traditions in how we want to have our democracy.
Will Stuart McMillan give way?
I am about to speak to Jamie Hepburn’s points, but I will let him go first.
I have no objection to the notion of creating our own traditions, but I hope that, if we were to do so, they would be created for a purpose. I am still struggling to understand what the legal purpose of such a referendum would be, because it is not specified. I do not understand what the point would be of having a referendum to no practical effect.
My understanding of Jamie Hepburn’s position is that there is a question about what would happen if the issue were to fail at a referendum. He alluded to that earlier in his comments, and that is what I took from it. If it were to pass at a referendum, the bill would be fully enacted. If it were not to be successful, other consideration would have to be given to the issue. As Jamie Hepburn—
Will Stuart McMillan give way?
Hold on—let me finish my point.
Jamie Hepburn will be very aware that the Parliament has struck down legislation in the past—I give the example of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012. That might or might not be something that would be considered.
I say this respectfully to my friend, Mr McMillan—I should say, for the benefit of members, that we usually get on with each other. He is now saying what would happen, but, with respect, his amendment does not say that; it does not specify anything at all. With the best will in the world, he is speculating as to what might happen. We are making law here. The law should specify what should happen, but his amendment does not do that.
As I indicated earlier, the purpose of the amendment is for the holding of a referendum to be considered in the first place. As we know in this Parliament, when a referendum is to be held, a range of other activities needs to take place to make it happen. From my consideration of the situation, other activity would have to happen after this, if my amendment were to be agreed to.
Finally, on Keith Brown’s points, I do not disagree at all about the democratic deficit regarding the section 104 order, which the Deputy First Minister touched on earlier. Should the bill be passed next week, I genuinely think that the UK Government would act in good faith to deliver the wishes of this Parliament. I think that that would happen, but we would be taking it on trust.
I thank Stuart McMillan—who is my friend, too—for taking the intervention. I do not know whether he is aware—he may well be—that I sought the relevant information from the Government. A section 104 order is drafted by the UK Government and it cannot be amended by MPs or the House of Lords. There is no definite timescale for the process, which is why I was bemused by the idea that the Government had said that this law would be on the statute book by the time of the referendum that Mr McMillan proposes. We cannot say whether it is going to be enacted, because we do not know the outcome of the section 104 order process.
21:45
My point is for those who are proposing the bill: it is not their fault, but they must concede that it is a very uncertain thing to do, to leave vital provisions of the bill in the hands of somebody else and to take it on trust. I am not just making a party political point—I do not have the same level of trust as Stuart McMillan appears to have that the UK Government, in all circumstances, will follow through. I have not been party to the intergovernmental discussions, but I have a real concern about that.
Mr Brown is right. There is no scrutiny function after the section 104 process, so this Parliament cannot change anything after that stage. As I indicated on a couple of occasions yesterday, traditionally, the section 104 order process would take up to 18 months after a bill had passed stage 3 in this Parliament. It is clear that that would not be the case in this particular situation.
I intend to press amendment 112. I suspect that it will not be agreed to, but I will press it nonetheless. [Interruption.] Some folk are laughing, but I point out that I am standing here to represent my constituents.
Let us hear Mr McMillan.
I have constituents who are on both sides of the debate and who want a referendum on the issue. In proposing this amendment I am representing my constituents, and I am happy to do so.
I press amendment 112.
The question is, that amendment 112 be agreed to. Are we agreed?
Members: No.
There will be a division. Members should cast their votes now.
The vote is closed.
On a point of order, Presiding Officer. My voting app would not connect. Bizarrely enough, I would have abstained.
Members: Ooh!
Thank you, Mr Mountain. We will ensure that that is recorded.
For
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
McKee, Ivan (Glasgow Provan) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Stevenson, Collette (East Kilbride) (SNP)
Against
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Duncan-Glancy, Pam (Glasgow) (Ind)
Ewing, Annabelle (Cowdenbeath) (SNP)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Hyslop, Fiona (Linlithgow) (SNP)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McLennan, Paul (East Lothian) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Sarwar, Anas (Glasgow) (Lab)
Slater, Lorna (Lothian) (Green)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Eagle, Tim (Highlands and Islands) (Con)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 7, Against 112, Abstentions 3.
Amendment 112 disagreed to.
On a point of order, Presiding Officer. I am sorry—I fear that we will run out of time before I get this off my chest. As you know, I sent a note to the Presiding Officer on the issue that I intended to raise and I have had a reply, but—if you will forgive me for saying so—the reply is erroneous. I will explain why.
The point is that Stephen Kerr delivered verbatim—he told us so—a speech for Douglas Ross. In other words, he stood in Douglas Ross’s shoes and delivered a speech at the same time as Mr Ross was online and voting. Therefore, Mr Ross was perfectly capable of delivering that speech online, on camera.
The practice is that members speaking remotely require to be on camera, but it seems to me that a novel practice is developing whereby a member gives a proxy speech for another member to deliver while they are still online and voting, so they do not need to be on camera.
The reply that I received referred to rule 9.10.4, which refers to the fact that anyone may move an amendment on behalf of anyone, even if they are in the chamber. If the member does not move an amendment, anyone else can get up to do so. However, this is not about moving an amendment; this is about a member delivering a speech, word for word, for somebody who is online.
Questions arise here. First, why did Douglas Ross not deliver his speech on camera? It was obviously pre-arranged that Mr Kerr would deliver it for him. Secondly, why did Douglas Ross not intervene when I raised those points, if he was online and heard what I was saying? That raises serious questions about whether Douglas Ross is actually online and whether he is actually voting.
Thank you, Ms Grahame. I am aware that that point has already been addressed by the Deputy Presiding Officer. It is the case that rule 9.10.4 provides that, when a member has given notice that they are not moving an amendment, any other member present may do so. The rule has no bearing on the ability of any member to otherwise participate in or vote on proceedings.
We will continue with our proceedings.
On a point of order, Presiding Officer. I am not so foolish as to challenge the chair, but, from that, I now understand that, if I am at home and voting, I can give a speech by proxy, with another member delivering it on my behalf. I take it that that is now an accepted practice in the chamber.
[Made a request to intervene.]
I see that Mr Ross is now appearing on the screen.
Members: Oh!
I have already ruled on the matter. I would prefer that we moved on to our next item of business. [Interruption.]
I call Douglas Ross for a point of order.
I am grateful, Presiding Officer. I confirm to Christine Grahame that I am following proceedings and voting from home. I travelled for three and a half hours today to spend a small amount of time with my son, who turned seven today and hoped to see his father on his birthday. I will leave Moray at approximately 5 am tomorrow morning so that I am in the chamber with other members.
I have been following proceedings, and I am grateful to Stephen Kerr for contributing on my behalf today. I am also grateful that we, as members of a family-friendly Parliament, have the ability to spend some time with our children when it is very special to them that their parents are with them.
Thank you, Mr Ross. That is not a point of order, but it is now on the record.
We will continue with our proceedings.
Section 20B—Raising assisted dying with a person under 18
Amendments 242 and 243 not moved.
Amendment 49 moved—[Jackie Baillie]—and agreed to.
Amendments 244 to 246 not moved.
Section 21—Offence
Amendment 50 moved—[Liam McArthur].
The question is, that amendment 50 be agreed to. Are we agreed?
Members: No.
There will be a division.
The vote is closed.
On a point of order, Presiding Officer. I could not connect. I would have voted yes.
Thank you, Mr Gibson. Your vote will be recorded.
On a point of order, Presiding Officer. I could not connect either. I would have voted no.
Thank you, Mr Russell. That will be recorded.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Gulhane, Sandesh (Glasgow) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hyslop, Fiona (Linlithgow) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Burnett, Alexander (Aberdeenshire West) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Ind)
Clark, Katy (West Scotland) (Lab)
Constance, Angela (Almond Valley) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Annabelle (Cowdenbeath) (SNP)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Ross, Douglas (Highlands and Islands) (Con)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Whittle, Brian (South Scotland) (Con)
Wishart, Beatrice (Shetland Islands) (LD)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Mountain, Edward (Highlands and Islands) (Con)
The result of the division is: For 49, Against 73, Abstentions 1.
Amendment 50 disagreed to.
Amendment 51 moved—[Liam McArthur].
The question is, that amendment 51 be agreed to. Are we agreed?
Members: No.
There will be a division.
For
Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Baker, Claire (Mid Scotland and Fife) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Boyack, Sarah (Lothian) (Lab)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Burnett, Alexander (Aberdeenshire West) (Con)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Chapman, Maggie (North East Scotland) (Green)
Clark, Katy (West Scotland) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don-Innes, Natalie (Renfrewshire North and West) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dowey, Sharon (South Scotland) (Con)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gosal, Pam (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greene, Jamie (West Scotland) (LD)
Greer, Ross (West Scotland) (Green)
Gulhane, Sandesh (Glasgow) (Con)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kerr, Liam (North East Scotland) (Con)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lennon, Monica (Central Scotland) (Lab)
Lochhead, Richard (Moray) (SNP)
Lumsden, Douglas (North East Scotland) (Con)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Mason, John (Glasgow Shettleston) (Ind)
McAllan, Màiri (Clydesdale) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McKee, Ivan (Glasgow Provan) (SNP)
McLennan, Paul (East Lothian) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Mochan, Carol (South Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Robertson, Angus (Edinburgh Central) (SNP)
Robison, Shona (Dundee City East) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Sweeney, Paul (Glasgow) (Lab)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Webber, Sue (Lothian) (Con)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Wishart, Beatrice (Shetland Islands) (LD)
Against
Adamson, Clare (Motherwell and Wishaw) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Balfour, Jeremy (Lothian) (Ind)
Bibby, Neil (West Scotland) (Lab)
Briggs, Miles (Lothian) (Con)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Choudhury, Foysol (Lothian) (Ind)
Duncan-Glancy, Pam (Glasgow) (Ind)
Eagle, Tim (Highlands and Islands) (Con)
Ewing, Annabelle (Cowdenbeath) (SNP)
Ewing, Fergus (Inverness and Nairn) (Ind)
Findlay, Russell (West Scotland) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Haughey, Clare (Rutherglen) (SNP)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Kerr, Stephen (Central Scotland) (Con)
Leonard, Richard (Central Scotland) (Lab)
Marra, Michael (North East Scotland) (Lab)
Martin, Gillian (Aberdeenshire East) (SNP)
Matheson, Michael (Falkirk West) (SNP)
McCall, Roz (Mid Scotland and Fife) (Con)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
McNair, Marie (Clydebank and Milngavie) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
O’Kane, Paul (West Scotland) (Lab)
Regan, Ash (Edinburgh Eastern) (Ind)
Roddick, Emma (Highlands and Islands) (SNP)
Rowley, Alex (Mid Scotland and Fife) (Lab)
Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)
Sarwar, Anas (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Swinney, John (Perthshire North) (SNP)
Villalba, Mercedes (North East Scotland) (Lab)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)
Yousaf, Humza (Glasgow Pollok) (SNP)
Abstentions
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Mountain, Edward (Highlands and Islands) (Con)
Ross, Douglas (Highlands and Islands) (Con)
The result of the division is: For 73, Against 48, Abstentions 3.
Amendment 51 agreed to.
I hoped that we could have begun to debate the next group, but as we are so close to 10 o’clock, we will end consideration of amendments for today.
Air adhart
Decision Time