MINUTES of PROCEEDINGS Parliamentary

MINUTES OF PROCEEDINGS

Parliamentary Year 5, No. 101, Session 5

Meeting of the Parliament

Thursday 25 February 2021

Note: (DT) signifies a decision taken at Decision Time.

The meeting opened at 12.30 pm.

1. First Minister’s Questions: Questions were answered by the First Minister (Nicola Sturgeon).

2. Portfolio Questions: Questions on Health and Sport were answered by a Cabinet Secretary and Ministers.

3. Budget (Scotland) (No.5) Bill: The Cabinet Secretary for Finance (Kate Forbes) moved S5M-24224—That the Parliament agrees to the general principles of the Budget (Scotland) (No.5) Bill.

Murdo Fraser moved amendment S5M-24224.1—

As an amendment to motion S5M-24224 in the name of Kate Forbes (Budget (Scotland) (No.5) Bill), insert at end “, but, in so doing, regrets that the Scottish Government’s draft Budget fails to meet the level of funding required by local authorities, as set out by COSLA, and further regrets that the Scottish Government has made no commitment in this draft Budget to fund free breakfasts and lunches for all primary school pupils.”

After debate, the amendment was disagreed to ((DT) by division: For 53, Against 62, Abstentions 10).

Jackie Baillie moved amendment S5M-24224.2—

As an amendment to motion S5M-24224 in the name of Kate Forbes (Budget (Scotland) (No.5) Bill), insert at end “, and, in so doing, notes the calls for an immediate rise in 2021-22 to £12 per hour for all social care workers followed by a review to establish steps to increase this to £15 an hour to fully recognise the value of their work.”

After debate, the amendment was disagreed to ((DT) by division: For 22, Against 60, Abstentions 41).

The motion was then agreed to ((DT) by division: For 88, Against 31, Abstentions 5).

4. Scottish Rate Resolution: The Minister for Trade, Innovation and Public Finance (Ivan McKee) moved S5M-24225—That the Parliament agrees that, for the purposes of section 11A of the Income Tax Act 2007 (which provides for income tax to be charged at Scottish rates on certain non-savings and non-dividend income of a Scottish taxpayer), the Scottish rates and limits for the tax year 2021-22 are as follows—

(a) a starter rate of 19%, charged on income up to a limit of £2,097,

(b) the Scottish basic rate is 20%, charged on income above £2,097 and up to a limit of £12,726,

(d) a higher rate of 41%, charged on income above £31,092 and up to a limit of £150,000, and

(e) a top rate of 46%, charged on income above £150,000.

After debate, the motion was agreed to (by division: For 88, Against 1, Abstentions 35).

5. Appointments to the Scottish Fiscal Commission: The Cabinet Secretary for Finance (Kate Forbes) moved S5M-24223—That the Parliament agrees with the recommendation of the Scottish Government and the Finance and Constitution Committee that Professor Alasdair Smith be reappointed to the Scottish Fiscal Commission.

The motion was agreed to (DT).

6. Stage 2 Extension and Suspension of Standing Orders: The Minister for Parliamentary Business and Veterans (Graeme Dey), on behalf of the Parliamentary Bureau, moved S5M-24236—That the Parliament agrees that—

(a) consideration of the Tied Pubs (Scotland) Bill at stage 2 be completed by 5 March 2021;

(b) under Rule 12.3.3B of Standing Orders, the Economy, Energy and Fair Work Committee can meet, if necessary, at the same time as a meeting of the Parliament, during Members’ Business on Tuesday 2 March 2021, for the purpose of considering the Tied Pubs (Scotland) Bill at stage 2;

(c) for the purposes of consideration of the Tied Pubs (Scotland) Bill at stage 2, the second sentence of Rule 9.10.2 of Standing Orders is suspended.

The motion was agreed to (DT).

7. Decision Time: The Parliament took decisions on items 3, 5 and 6 as noted above.

The meeting closed at 6.16 pm.

David McGill Clerk of the Parliament 25 February 2021

Appendix (Note: this Appendix does not form part of the Minutes)

Committee Reports

The following reports were published on 25 February 2021—

Justice Committee, 4th Report, 2021 (Session 5): Subordinate Legislation Considered by the Justice Committee on 23 February 2021 (SP Paper 956)

Justice Committee, 5th Report, 2021 (Session 5): Legislative Consent Memorandum - Financial Services Bill (SP Paper 960)

Justice Committee, 6th Report, 2021 (Session 5): Legislative Consent Memorandum - Counter-Terrorism and Sentencing Bill (SP Paper 961)

The following report will be published on 26 February 2021—

Local Government and Communities Committee, 8th Report, 2021 (Session 5): Community Empowerment: Taking Stock of Participation Requests and Asset Transfers Four Years On (SP Paper 959)

Subordinate Legislation

Made Affirmative Instruments

The following instrument was laid before the Parliament on 25 February 2021 and is subject to the made affirmative procedure—

Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing etc.) (Scotland) Amendment Regulations 2021 (SSI 2021/107) laid under section 122(6) and (7) of the Public Health etc. (Scotland) Act 2008 for approval by resolution of the Scottish Parliament within 28 days beginning with the day on which the Regulations were made, not taking into account any period of dissolution or recess for more than 4 days

Affirmative Instruments

The following instrument was laid before the Parliament on 25 February 2021 and is subject to the affirmative procedure—

Budget (Scotland) Act 2020 Amendment Regulations 2021 [draft] laid under section 7(2) of the Budget (Scotland) Act 2020

Negative Instruments

The following instrument was laid before the Parliament on 25 February 2021 and is subject to the negative procedure—

Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Amendment Regulations 2021 (SSI 2021/109) laid under paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018

Laid Only Instruments

The following instrument was laid before the Parliament on 25 February 2021 and is not subject to any parliamentary procedure—

Period Products (Free Provision) (Scotland) Act 2021 (Commencement No. 1) Regulations 2021 (SSI 2021/104 (C. 5)) laid under section 30(2) of the Interpretation and Legislative Reform (Scotland) Act 2010