Oliver Mundell
Scottish Conservative and Unionist Party · Scotland
“Indeed, much of the debate in this chamber seems a far cry from the genuine excitement that I witnessed as a child when I first watched Donald Dewar address the Parliament in 1999. Most institutions grow in stature as they age, but Holyrood seems to be stuck in reverse.”
“Before I start with some final thoughts, I want to make it clear, up front, that my comments are not personally aimed at the cabinet secretary, who I respect and with whom I enjoy working, as everybody across the chamber does. I have never felt the need to compare her to a chlorinated chicken, unlike her predecessor.”
“I share the frustrations of my constituents that Holyrood is dominated by urban, central-belt thinking and is obsessed with telling people who live in rural Scotland how to live. When the Scottish Government is not busy banning things, it is busy imposing them.”
“It often feels as if money talks, with hillsides being sold to the highest bidder without any thought about the social consequences or about how future generations will put food on the table. Meanwhile, here in our national Parliament, tokenism too often prevails over substance.”
“Rural Scotland, not least Dumfriesshire, holds real potential. The answers to many of our most pressing challenges can be found in our rural and remote communities, but they must be given the freedom to flourish. Our communities need politicians who will listen to those on the ground, who really do know best.”
“The amendment would make it more difficult for ministers to put in place appropriate regulations with the right protections, so I urge Dr Gulhane not to press the amendment.”
The complete record
Every one of 120 lines we hold for Oliver Mundell, in date order, each linked to its source. Free to read, in full, without an account. Page 1 of 3.
“To ask the Scottish Government what action it is taking to reduce reported bed pressures at Dumfries and Galloway royal infirmary. (S6O- 05701)”
“Rural Scotland, not least Dumfriesshire, holds real potential. The answers to many of our most pressing challenges can be found in our rural and remote communities, but they must be given the freedom to flourish. Our communities need politicians who will listen to those on the ground, who really do know best. Endless legislation and policy are not substitutes for substance or real-world experience. Politicians, however green they claim to be, must understand their limitations and remember those who elected them. 14:02”
“Indeed, much of the debate in this chamber seems a far cry from the genuine excitement that I witnessed as a child when I first watched Donald Dewar address the Parliament in 1999. Most institutions grow in stature as they age, but Holyrood seems to be stuck in reverse. That fuels the growing disconnect between the Scottish Parliament and many of the people whom it is supposed to represent—decent hard-working people, who get their hands dirty and pay their taxes, just like anyone else. My sincere hope is that future sessions of the Parliament will be different and that other members will be more successful than those of us here, including me, in shifting the dial. Instead of attacking rural Scotland, we should celebrate and back it. We must be willing to recognise that delivering rural services costs more in a country such as ours.”
“It often feels as if money talks, with hillsides being sold to the highest bidder without any thought about the social consequences or about how future generations will put food on the table. Meanwhile, here in our national Parliament, tokenism too often prevails over substance. That might mean flying the European Union flag outside the building, long after we have left the EU; serving what is still labelled as “oat milk” despite court clarification that that is unlawful; or banning greyhound racing long after the last track in Scotland has already been shut. By doing those things, we do a disservice to and go out of our way to diminish the great democratic prize that others fought for.”
“I share the frustrations of my constituents that Holyrood is dominated by urban, central-belt thinking and is obsessed with telling people who live in rural Scotland how to live. When the Scottish Government is not busy banning things, it is busy imposing them. Our precious uplands are being carpeted with trees and turbines, often displacing people and changing the character of our communities for ever. Along with supporting the many community events and projects that make my Dumfriesshire constituency so special, the proudest moments I have had while in elected office have been those when I have stood alongside communities in David versus Goliath battles to see off the worst attempts to industrialise our countryside. The playing field is far from level.”
“Before I start with some final thoughts, I want to make it clear, up front, that my comments are not personally aimed at the cabinet secretary, who I respect and with whom I enjoy working, as everybody across the chamber does. I have never felt the need to compare her to a chlorinated chicken, unlike her predecessor. Instead, Mairi Gougeon deserves recognition, not least for her decision to pull the plug on the Galloway national park, which is a rare example of Scottish Government ministers listening to the views of rural Scotland. I know how seriously she takes the health and wellbeing of all Scotland’s rural workers, which is to her credit. In leaving, I am saddened not at the thought of going, but at the knowledge that the Parliament that I leave behind is not a true friend to rural Scotland.”
“Supervision is a matter of similar importance and concern, and I am happy to support the amendments that make similar provision. I was appreciative of having conversations with Carol Mochan in that area, too. Although the timing of training and supervision regulations is not entirely within the gift of the Scottish ministers, I am comfortable with the period that is specified in section 5(5) and the option that is available under section 5(6) for ministers to be held to account if the Government cannot meet those expectations. I urge members to support amendments 19 to 22 in Colin Beattie’s name and amendments 3 and 4 in mine. I urge Sandesh Gulhane not to press amendment 16 or to move amendments 31 and 32.”
“As a result, it may not be possible to comply with the duty, and I would not want that to prevent us from making necessary regulations in the area or to increase bureaucracy. Colin Beattie’s amendments 19 to 22 all relate to the principle of supervision. I was pleased to support Fulton MacGregor’s amendment at stage 2 that created a requirement for regulations under section 5(1) to be made specifying training or qualification provisions for persons providing non- surgical procedures within three years of section 3 of the bill being commenced. If it is not practical to do that, a report must be laid before Parliament explaining why. I supported that because of the broad consensus across the Parliament about the importance of establishing training and qualification standards.”
“The amendment would make it more difficult for ministers to put in place appropriate regulations with the right protections, so I urge Dr Gulhane not to press the amendment. 15:00 Dr Gulhane’s amendments 31 and 32 would provide further specification in the consultation requirements in section 19A, which would apply to any affirmative instruments that are made under the bill. The lists of persons to be consulted are likely to be appropriate in most cases, but I reiterate that even the affirmative powers may be capable of being exercised to make relatively small technical changes or changes that are relevant only to one of the groups that have been listed. I am concerned that the approach would require consultation with patient organisations, and I am not aware that any such organisations exist representing recipients of the procedures.”
“While I would expect existing clinical guidance and a healthcare professional’s training on informed consent and shared decision making to be sufficient, I acknowledge that specific additional provision might be helpful. Therefore, I have built on Ms Mackay’s stage 2 amendment to introduce a specific reference to mental health in section 5(3)(e) as a matter on which regulations may be made. Dr Gulhane’s amendment 16 would require that regulations under section 5(1) must include certain transitional and saving provisions. I agree with his comments on the importance of such provisions. I can confirm that that is already possible under section 18. The amendment is unnecessary and I cannot support it, as the transitional provision that is specified might not always be the most appropriate.”
“Those should include the timescales for compliance and phased implementation periods for providers. That would help businesses, leave flexibility for ministers and ensure that providers can effectively comply with new regulations. I move amendment 16. Jenni Minto: Amendments 3 and 4 will build on the helpful provision introduced by Gillian Mackay at stage 2, which specified that regulations under section 5(1) of the bill may make provision for requirements for certain higher-risk groups. At stage 2, Dr Gulhane raised the need for guidance in relation to mental health conditions, including, in particular, body dysmorphic disorder.”
“The Health, Social Care and Sport Committee’s stage 1 report concluded that the Scottish Government should “provide appropriate support and guidance to help responsible providers of non-surgical procedures to make the transition successfully to the new regulatory framework”, and that there would be “a need for additional information and support to be provided to accompany the Bill’s implementation to help providers to take the steps necessary to comply with the law.” My amendment would address the concerns of businesses and the committee by ensuring that, when regulations are made that impose new restrictions or requirements on non-surgical procedures—for example, around training, qualifications or supervision—they must be accompanied by transitional or saving provisions that ministers consider appropriate.”
“Amendment 15 disagreed to. Section 5—Power to make further provision about non-surgical procedures The Deputy Presiding Officer: Group 3 is on regulations: power to make further provision and consultation requirements. Amendment 16, in the name of Sandesh Gulhane, is grouped with amendments 3, 4, 19 to 22, 31 and 32. Sandesh Gulhane: Amendment 16 is required because, at stage 1, there was a great deal of concern from businesses about the impact that new regulations would have on them and about how they would make the transition to the new regulatory scheme.”
“For Balfour, Jeremy (Lothian) (Ind) Cole-Hamilton, Alex (Edinburgh Western) (LD) Greene, Jamie (West Scotland) (LD) Regan, Ash (Edinburgh Eastern) (Ind) Rennie, Willie (North East Fife) (LD) 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) Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (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) 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) 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) 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) Grant, Rhoda (Highlands and Islands) (Lab) Greer, Ross (West Scotland) (Green) Griffin, Mark (Central Scotland) (Lab) Gulhane, Sandesh (Glasgow) (Con) Halcro Johnston, Jamie (Highlands and Islands) (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) 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) Maguire, Ruth (Cunninghame South) (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) 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) Mountain, Edward (Highlands and Islands) (Con) Mundell, Oliver (Dumfriesshire) (Con) Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP) O’Kane, Paul (West Scotland) (Lab) 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) 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) 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) Yousaf, Humza (Glasgow Pollok) (SNP) The Deputy Presiding Officer: The result of the division is: For 6, Against 106, Abstentions 0.”
“Amendment 14 disagreed to. After section 4 Amendment 15 moved—[Ash Regan]. The Deputy Presiding Officer: The question is, that amendment 15 be agreed to. Are we agreed? Members: No. The Deputy Presiding Officer: There will be a division.”
“For Balfour, Jeremy (Lothian) (Ind) Cole-Hamilton, Alex (Edinburgh Western) (LD) Greene, Jamie (West Scotland) (LD) Regan, Ash (Edinburgh Eastern) (Ind) Rennie, Willie (North East Fife) (LD) 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) Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (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) 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) 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) 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) Grant, Rhoda (Highlands and Islands) (Lab) Greer, Ross (West Scotland) (Green) Griffin, Mark (Central Scotland) (Lab) Gulhane, Sandesh (Glasgow) (Con) Halcro Johnston, Jamie (Highlands and Islands) (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) Johnson, Daniel (Edinburgh Southern) (Lab) Kerr, Liam (North East Scotland) (Con) Kidd, Bill (Glasgow Anniesland) (SNP) 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) Maguire, Ruth (Cunninghame South) (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) 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) Minto, Jenni (Argyll and Bute) (SNP) Mochan, Carol (South Scotland) (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) 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) 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) Sweeney, Paul (Glasgow) (Lab) 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) Yousaf, Humza (Glasgow Pollok) (SNP) Abstentions Choudhury, Foysol (Lothian) (Ind) The Deputy Presiding Officer: The result of the division is: For 6, Against 103, Abstentions 1.”
“Amendment 13 disagreed to. Amendment 14 moved—[Ash Regan]. The Deputy Presiding Officer: The question is, that amendment 14 be agreed to. Are we agreed? Members: No. The Deputy Presiding Officer: There will be a division.”
“For Balfour, Jeremy (Lothian) (Ind) Cole-Hamilton, Alex (Edinburgh Western) (LD) Greene, Jamie (West Scotland) (LD) Rennie, Willie (North East Fife) (LD) 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) Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (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) 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) 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) 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) Grant, Rhoda (Highlands and Islands) (Lab) Greer, Ross (West Scotland) (Green) Griffin, Mark (Central Scotland) (Lab) Gulhane, Sandesh (Glasgow) (Con) Halcro Johnston, Jamie (Highlands and Islands) (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) 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) Maguire, Ruth (Cunninghame South) (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) 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) Minto, Jenni (Argyll and Bute) (SNP) Mochan, Carol (South Scotland) (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) 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) 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) 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) Yousaf, Humza (Glasgow Pollok) (SNP) Abstentions Choudhury, Foysol (Lothian) (Ind) The Deputy Presiding Officer: The result of the division is: For 5, Against 106, Abstentions 1.”
“Amendment 12 disagreed to. Amendment 13 moved—[Ash Regan]. The Deputy Presiding Officer: The question is, that amendment 13 be agreed to. Are we agreed? Members: No. The Deputy Presiding Officer: There will be a division.”
“For Balfour, Jeremy (Lothian) (Ind) Cole-Hamilton, Alex (Edinburgh Western) (LD) Greene, Jamie (West Scotland) (LD) Regan, Ash (Edinburgh Eastern) (Ind) Rennie, Willie (North East Fife) (LD) 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) Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (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) 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) 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) 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) Grant, Rhoda (Highlands and Islands) (Lab) Greer, Ross (West Scotland) (Green) Griffin, Mark (Central Scotland) (Lab) Gulhane, Sandesh (Glasgow) (Con) Halcro Johnston, Jamie (Highlands and Islands) (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) 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) Maguire, Ruth (Cunninghame South) (SNP) Martin, Gillian (Aberdeenshire East) (SNP) Mason, John (Glasgow Shettleston) (Ind) Matheson, Michael (Falkirk West) (SNP) McAllan, Màiri (Clydesdale) (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) Minto, Jenni (Argyll and Bute) (SNP) Mochan, Carol (South Scotland) (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) 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) 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) Sweeney, Paul (Glasgow) (Lab) 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) Yousaf, Humza (Glasgow Pollok) (SNP) Abstentions Choudhury, Foysol (Lothian) (Ind) Marra, Michael (North East Scotland) (Lab) The Deputy Presiding Officer: The result of the division is: For 6, Against 104, Abstentions 2.”
“Amendment 11 disagreed to. Amendment 12 moved—[Ash Regan]. The Deputy Presiding Officer: The question is, that amendment 12 be agreed to. Are we agreed? Members: No. The Deputy Presiding Officer: There will be a division.”
“On a point of order, Presiding Officer. I would have voted no. The Deputy Presiding Officer: Thank you, Mr Mundell. We will ensure that that vote is recorded. For Balfour, Jeremy (Lothian) (Ind) Cole-Hamilton, Alex (Edinburgh Western) (LD) Greene, Jamie (West Scotland) (LD) Regan, Ash (Edinburgh Eastern) (Ind) Rennie, Willie (North East Fife) (LD) 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) Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (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) 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) 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) 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) Grant, Rhoda (Highlands and Islands) (Lab) Greer, Ross (West Scotland) (Green) Griffin, Mark (Central Scotland) (Lab) Gulhane, Sandesh (Glasgow) (Con) Halcro Johnston, Jamie (Highlands and Islands) (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) Kerr, Stephen (Central Scotland) (Con) Kidd, Bill (Glasgow Anniesland) (SNP) 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) Maguire, Ruth (Cunninghame South) (SNP) Martin, Gillian (Aberdeenshire East) (SNP) Mason, John (Glasgow Shettleston) (Ind) Matheson, Michael (Falkirk West) (SNP) McAllan, Màiri (Clydesdale) (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) Minto, Jenni (Argyll and Bute) (SNP) Mochan, Carol (South Scotland) (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) 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) 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) Sweeney, Paul (Glasgow) (Lab) 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) Yousaf, Humza (Glasgow Pollok) (SNP) Abstentions Choudhury, Foysol (Lothian) (Ind) Marra, Michael (North East Scotland) (Lab) The Deputy Presiding Officer: The result of the division is: For 6, Against 102, Abstentions 2.”
“As those at home and around the world, including in our Parliament, raise a dram this week to the continued social, economic and cultural importance of Robert Burns, the campaign to save the home of “Auld Lang Syne”, Ellisland—the Dumfriesshire farm that the poet built and called home—is building momentum. Ellisland is where Burns wrote many of his most famous works. Given that the project to restore that nationally significant site is so important to local residents in Dumfriesshire and Burns fans, will the First Minister reaffirm his Government’s full support for it, and will he agree to visit Ellisland to join Scots and visitors from around the world in experiencing for himself what Burns called “sweet poetic ground”?”
“Good intentions will not deliver the Promise, and they do not alone make for good legislation. If they did, we would not be looking at the bill before us. Time is short, but there is still some time to get those issues right, although we must be much more ambitious and much more open to confronting the challenges that the bill presents. That does not mean that no parts of the bill are good or that there are no good provisions in it, but we cannot accept second best. We have made a promise and we must keep it. It is depressing and shameful that we end this parliamentary session not with the clarity and ambition that are needed to keep the Promise alive, but with blame, deflection and future assurances that take us no closer to doing what we said we would do. 16:37”
“We should not be at this stage; these are not unknown questions. Troubling for me is the unconvincing cost. We all know what that means—after 10 years in the Parliament, I certainly know what that means. All too often, it means underresourcing. We need to strengthen children’s rights now. We should not hide behind legal complexities and duplication. If we are serious about the UNCRC, we should not, as one stakeholder described it, be “hollowing out” its protections. We should get on with it and accept that there will need to be a consolidation bill and a decluttering. We should deal with that later and think more about the message that we are sending to young people when we leave them without any enforceability of their rights. That is a poor show. Also, where is the clarity on aftercare eligibility? I could go on.”
“For me, the alarm bells rang when we heard Fraser McKinlay of The Promise Scotland say that he felt that the bill was “locked down”, and we heard key stakeholders such as Jim Savege highlight—as Douglas Ross referenced—the unusual position that there was no joint working or collaboration on the development of the bill. That seems a truly odd approach in this instance, where there is so much consensus. The only explanation that I can reach is that the Scottish Government knew that, by opening up the conversation, it would be raising difficult and unanswerable questions. It gets worse, because when we look at what is included in the bill, along with its associated documents, we see that it is not satisfactory. We are left in a position where we are supporting a bill that is less than it should be.”
“Legislation in itself will be ineffective if we cannot bring about the necessary mindset shift, and too much time has already been wasted. It will be for others in the next parliamentary session to address many of the concerns that have been raised and to confront the reality that is fast coming down the track, which is that we are running out of time. Due to slow progress, the task that we will be leaving behind is now herculean, and I am not sure that the bill captures the scale of what is truly required. There will, of course, be opportunities at stage 2 to strengthen the bill, but the real question is why more was not attempted up front.”
“I doubt that the former First Minister will thank me for saying this, and I know that my remarks do not neatly fit with what she has just said, but what Willie Rennie said earlier is right—the absence of Nicola Sturgeon in this area has been felt. The current minister has a personal interest in the subject, and I do not doubt her conviction, but it is manifest that there has been a step change in the level of priority and care around the issue at the highest levels of Government. The sense of urgency and the pace have just not been there, and the level of ambition has dropped. Beyond the purely legislative dimension—which is only one part of the story, as other members have referenced—it does not feel as if, across the Scottish Government, its agencies and the public sector as a whole, the will is there to make the Promise a reality.”
“Of course, the argument can be made that the bill is better than nothing and that it takes some important steps forward, but, when put to the test, the promise that was made has been broken because, ultimately, the bill falls short of what it could have been. Far too often, when it comes to care- experienced young people, we are able to justify poor delivery or outcomes on the basis that it is better to be doing something than nothing, or, to use the minister’s words, it is the best that it can be. In our heart of hearts, we must be willing to acknowledge that the bill is an incomplete shadow of what it could have been, and that it has been pushed into the final stages of this session, despite its importance and necessity being known.”
“When we make a promise, we are telling somebody that we are definitely going to do something and that it will definitely happen. It is not an ordinary political pledge, a policy or a statement of ambition. It is, by its very nature, different. It says that nobody and nothing will get in the way. It is a personal guarantee that the commitment will not ebb and flow and that it will not be watered down. In making the promise that all of Scotland’s children and young people would grow up loved, safe and respected, so that they can realise their full potential, this Parliament collectively made a commitment of that character. However, I am deeply concerned that, in taking forward the bill, we will, in effect, be breaking that promise and putting the 2030 deadline at risk. That is not politics; it is the reality.”
“I say this with the greatest of respect: is the point about complexity really an answer to the children who cannot enforce their rights under the UNCRC? Natalie Don-Innes: I have spoken about the review of the legislative landscape that Professor Norrie will carry out, which will complement the work that we are talking about. Mr Whitfield is aware of the on-going work with the United Kingdom Government relating to the children’s rights scheme. If we see no progress in that respect, we will take action by November 2026. I hope that Mr Whitfield will give his full support regarding those negotiations with the UK Government. Ultimately, the Scottish Government wants all key legislation that impacts on children and young people to be within the 2024 act’s scope.”
“Given that the two new sets of provisions will require to interact with part 2 of the 1995 act, it would not be helpful to have one part of the law within the 2024 act’s scope and one part outwith it. Piecemeal change would add to the very clutter that we have discussed as an issue and it would make it harder, not easier, for those who will benefit from the bill’s provisions—people who are entitled to aftercare, foster carers and children in foster care—to navigate the law. Martin Whitfield: I am grateful for the minister’s patience. On the specific point about the UNCRC, the Scottish National Party Government has consistently said that it intends to introduce legislation so that children can enforce their rights under the UNCRC. However, here we are again with an opportunity being missed.”
“I understand the frustration among some people that the bill does not seek to re-enact relevant provisions of pre-devolution laws relating to children, such as the Children (Scotland) Act 1995, to bring them within the scope of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024. We are not seeking to create fresh law within the 2024 act’s scope in relation to how we provide for aftercare and a national register of foster carers. Instead, we are seeking to amend the 1995 act. I have considered carefully how best to proceed. Put simply, there is no right or wrong way to do this and, sadly, there is no clear-cut or simple way to do it, either.”
“Would the time to do the review not have been before the legislation was introduced? We have known from the plan that such a review has been needed for a while. It feels as though the minister’s announcement has come after the event. Natalie Don-Innes: I do not believe so. I believe that the focus over a number of years has been on enacting the transformation that is required to enable the Promise to be delivered. I appreciate that we have known that we have a cluttered legislative landscape, but a number of aspects have led to the timing of the review.”
“On the engagement of communities and flood protection measures, the 2009 act lays out clear statutory obligations for local authorities. However, our communities need to be adaptive, and we need to listen to the ideas of the residents of those communities about how things can be managed better.”
“Just before Christmas, Willie Rennie, Alex Rowley and I had a discussion about adaptation. I hope that Willie Rennie will be pleased to hear that, today, I had a comprehensive discussion with the chief scientific adviser for environment, natural resources and agriculture, who is working on creating formal partnership working groups between agencies such as SEPA, the Scottish Government and the farming community on a range of watercourses. I am very excited about that work. We also have river partnerships, one of which is being piloted in the Dee, which is near my constituency—it is largely in Alexander Burnett’s constituency. It is important that river trusts, land managers, farmers and agencies work together, almost as a project team, because everyone has expertise and knowledge about their own areas and we must harness that.”
“However, it is important that, as far as possible, ministers do not involve themselves in local decision making. I agree with Emma Harper’s general point that we elect councillors to make those decisions. It is up to councillors to listen to and consult the local community to determine what is best. Sarah Boyack: SEPA estimates that the cost of flooding in Scotland is £500 million every year. What more can the Scottish Government do to support local authorities to make sure that lessons are learned and that we have the skills and expertise in every community across Scotland, so that the action that our constituents need can be taken? Gillian Martin: There are a number of things to note in that regard, including the measures in the Flood Risk Management (Scotland) Act 2009, which laid out statutory obligations for local authorities.”
“We were told that that was a once-in-100-years event, but we are seeing flooding events of that nature in Scotland practically every year. We have allocated £570 million to local authorities for flood protection schemes and flood resilience. Throughout the country, 21 flood protection schemes have been delivered so far. Also, since 2022, local authorities have received an additional £11.7 million to support coastal change adaptation, because flooding does not happen solely as a result of rainfall; it can be caused by the impact of coastal erosion. I think that Maggie Chapman mentioned Stonehaven, which has had its coastal resilience upgraded in the past few years. I have listened to all the concerns that have been expressed today, and I will continue to listen.”
“Again, for most of the year, it is a beautiful community garden and a space for people to enjoy recreation, but it also serves to take floodwater from Edinburgh in the event of flooding. There are various other flood protection schemes. Tess White mentioned Brechin, which has a flood protection scheme that was funded with £13 million of Scottish Government investment. However, it was not able to withstand storm Babet, during which the floodwater overtopped and breached the flood prevention infrastructure. That demonstrates that we always have to have an adaptive process with regard to flooding and must build for circumstances that might be beyond what is seen as a once-in-100- years event. I remember the damage that storm Frank did in my constituency, which Maggie Chapman alluded to when she talked about what happened in Inverurie.”
“Gillian Martin: I will not talk about any scheme in particular, but I note that a number of members made similar points to the one that Finlay Carson made when he said that hard engineering projects alone will not solve flooding. That is correct: there must be a range of interventions, and they must have a cumulative and complementary effect. Willie Rennie mentioned natural flood prevention and the use of green space for a double purpose. I have visited the sites of a couple of such interventions that have been made around the country, including, a few years ago, one in Inverness—I think that I was with Finlay Carson on that visit—where I saw a site that was used as a football pitch for most of the year but, during floods, became a reservoir for floodwater. Inverleith park is another fantastic example of that approach.”
“Oliver Mundell: I am not trying to draw the cabinet secretary into a discussion of individual schemes. However, given the points that Willie Rennie and others have made about changing weather patterns and the need for wider systems thinking about whole-river catchments, is the cabinet secretary not concerned about the fact that the various schemes that have existed for a long time and have been kicked about through various processes have not themselves adapted to the change in the weather patterns and the change in thinking and are not looking at the broader picture? Money will be spent on those schemes and they might not be effective.”
“Will the member take an intervention? Gillian Martin: I would like, first, to make some points about the general premise of the debate. SEPA’s figures reframed the issue by saying that one in eight properties in Scotland is now at risk of flooding. That is a sobering statistic, and it is something that we need to take seriously. I will go on to talk about flood resilience strategies, but SEPA’s report highlights the importance of not just the climate change plan, which is about emissions reduction and so on, but the Scottish national adaptation plan. It is important that all members know about SNAP3, because it is a vehicle that has been rolled out throughout all agencies and councils across Scotland, and it provides a blueprint for action.”
“Contracts underpin everyday life—from employment to housing to business. We still need to approach stage 2 with consideration, listen to stakeholder concerns and ensure that the reform delivers the clarity and fairness that it sets out to deliver. The Deputy Presiding Officer: I call Martin Whitfield, who has up to four minutes. 13:49”
“In closing, as we have already heard from any doubters, there will always be the opportunity for those who do not like the bill and its provisions to opt out and agree on alternatives. Those who stand to benefit most are the very individuals and small businesses that rely most on the law to establish fairness and balance. I therefore look forward to the bill moving forward to stages 2 and 3. The Deputy Presiding Officer: We move to closing speeches. 13:48 Lorna Slater: The Greens support the bill’s principles of modernisation and clarity. We must ensure that the bill works for individuals and small enterprises, not just large organisations with legal teams. That means clear drafting, robust guidance and monitoring of its impact in practice. The bill is technical, but its implications are far reaching.”
“I get that there is an attraction to maintaining traditions and distinctiveness in our legal system, but that has to be balanced and tempered by reality, both commercial and social. Predictability and accessibility in the law matter, and law does not exist in a vacuum, nor are its impacts confined exclusively within the bounds of Scotland. I think that that makes a strong case for careful and gradual codification in areas where uncertainty has emerged. It is important to recognise that that uncertainty has not emerged on purpose but through the absence, age and specific nature of case law. In a number of key areas, the bill will make processes easier and will provide, as other members have referenced, a backstop or a starting point for contract formation. That is surely a good thing.”
“As a past member of that committee, I know how well that has worked and how well the committee is supported by its clerks and the Parliament’s legal team. As we have heard, there is little question about members’ support for the bill’s general principles. The only substantive opposition and concerns appear to have come from those who retain a romanticised attachment to common law and the institutional writers of ages past. When we look at the modern world and at some of the legislation that makes it on to the statute books, it is perhaps easy to see where such views come from. However, as other members have referenced, the world has changed and, if only we still had a reliable postal service to fall back on, things might be different.”
“The fact that we have waited almost a quarter of a century in the devolved era for this legislation to come forward poses some questions about how we do our business. Today’s debate is perhaps not the place to get into that, but there is room in a new parliamentary session for new thinking about further enhancing the processes that allow such bills to come forward and for allowing committees in general to introduce legislation. Credit is due to Graeme Dey for pushing the process forward and for recognising the work of the DPLR Committee and the enthusiasm of its members, which is evident even today, just before Christmas. Credit is also due to Stuart McMillan in particular for making the time to look at the bills in such detail and with exactly the same consideration as would be given to any other legislation.”
“I am grateful for the clarification on time, Presiding Officer, because Martin Whitfield told me on the way into the chamber that he was planning to speak for 30 minutes, and it frightened me that I might not get my lunch. With that to one side, I associate myself with the kind words that have been said by many members in relation to Lady Paton. She has done an excellent job and has played a significant part in the fact that five Scottish Law Commission bills have proceeded during the parliamentary session. Although today’s debate is in the graveyard slot and there is not a lot of controversy around it, we should not allow ourselves to mistake that for saying that the bill is not important. Parliament is not just here for headlines or to provide social media clips.”
“My question to the minister is: what obligations or guidance will the Scottish Government put in place to ensure that individuals entering into contracts under the bill are not, without their full knowledge and consent, opting out of the statutory provisions that exist for their protection and wellbeing? The Deputy Presiding Officer: We move to the open debate. I call Bill Kidd, who has around four minutes. 13:41”
“I do not disagree with the general point that Lorna Slater is making, but does she recognise that there are other mechanisms to protect the type of individuals whom she is talking about? For example, there are consumer rights, so there might be other mechanisms to address the issue. Lorna Slater: I had not yet concluded my remarks, so Oliver Mundell has no idea what remedy I am proposing. I will now conclude my remarks. Corporations have clever lawyers to draft dense contracts, and consumers often do not know what their statutory rights are. They might not even be aware that they are contracting out of them.”