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Chamber

Meeting of the Parliament (Hybrid) 23 March 2021

23 Mar 2021 · S5 · Meeting of the Parliament
Item of business
Motion of No Confidence

I am proud to have been a member of the Scottish Parliament since its inception, just like the Presiding Officer and the First Minister—a member of the class of ‘99. However, never in my 22 years here have I seen or imagined anything quite like this. The fallout between the former First Minister and the current First Minister has laid bare the deep divisions in the SNP and the blurring of lines between the party and the Government, and it has exposed the need for the Scottish Parliament—in my view—to have more powers to hold the Government to account.

I will focus my comments on the committee’s report, but I will first say that the result of the vote of no confidence is a foregone conclusion. I must question the motivation of the Tories to schedule a vote of no confidence before James Hamilton had even reported and before they had seen the outcome of the committee’s inquiry. That was deeply irresponsible.

The committee report that was published this morning details the catastrophic failings of the Scottish Government on a matter of the utmost seriousness and sensitivity. Despite the obstruction of the Scottish Government—and that obstruction was significant—the committee has managed to get beyond the veil of Government secrecy.

We must never forget the two female civil servants who complained about harassment and who have been comprehensively failed by the Scottish Government. I welcome the First Minister’s acknowledgement of that and her apology for it but, three years on, no one has taken responsibility for it. There have been no resignations and no sackings, yet we all acknowledge that the failure was catastrophic.

The harassment policy was rushed through without any specialist advice or input. The handling of complaints was fundamentally flawed, with the appointment of an investigating officer that was not independent from the process. The person who had oversight of all of that, and who was involved in every aspect of the procedure, was the permanent secretary, and she must bear much of the responsibility.

The Scottish Government still does not have a functioning harassment policy, so it is essential that the recommendations of the Laura Dunlop report are carried through urgently, and it is essential that the recommendations of the committee, the majority of which were unanimous, are carried forward, too.

The committee felt that the Scottish Government’s determination to plough on, defending its position in the Court of Session when the prospects of success were minimal, was irresponsible, and it cost the taxpayer in excess of £500,000.

A majority on the committee believed that the First Minister misled the committee about whether she offered to intervene during her meeting with Alex Salmond on 2 April 2018. I know that that has been painted as a partisan decision, but let me say this: one independent member, one Labour member, two Tories and one Lib Dem agreed after hearing the evidence—that is not partisan. However, the four SNP members who voted together were never, despite what they may have heard, going to vote to criticise the First Minister.

There remain many serious questions that need to be answered about the First Minister’s judgment and the Scottish Government’s handling of harassment complaints. Above all, we need to ensure that women who come forward to complain about harassment are not let down by the Scottish Government ever again.

15:51  

In the same item of business

The Presiding Officer (Ken Macintosh) NPA
The next item of business is a debate on motion S5M-24292, in the name of Ruth Davidson, on a motion of no confidence. Members should note that I will put th...
Ruth Davidson (Edinburgh Central) (Con) Con
We are here today because a former First Minister was accused of sexually harassing members of staff in a Government that he was there not only to lead but t...
The Presiding Officer NPA
Order.
Ruth Davidson Con
They are the members who are sitting behind the First Minister and who are now catcalling from a sedentary position. Interruption.
The Presiding Officer NPA
Order, please.
Ruth Davidson Con
Yesterday, we publicly accepted the Hamilton report. For days, others have rejected the committee’s report. We note that Hamilton was crystal clear that the ...
The First Minister (Nicola Sturgeon) SNP
Wisdom, justice, compassion and integrity—those are the values inscribed on our mace and each and every one of us has a duty to uphold them. Before I address...
Anas Sarwar (Glasgow) (Lab) Lab
Earlier today, we held a minute’s silence on the steps outside the chamber to remember all those who have lost their lives over the past year and all those g...
Willie Rennie (North East Fife) (LD) LD
Scottish politics today does not look pretty, with talk of lynching and assassination; the leaking of the private evidence of complainants; the lodging of mo...
Patrick Harvie (Glasgow) (Green) Green
This situation began with an extremely serious issue: the mishandling of an investigation into sexual harassment allegations. I honestly wish that everyone’s...
Dr Alasdair Allan (Na h-Eileanan an Iar) (SNP) SNP
James Hamilton’s independent investigation has finally reported. It has unambiguously cleared the First Minister of all charges that she breached the ministe...
Jackie Baillie (Dumbarton) (Lab) Lab
I am proud to have been a member of the Scottish Parliament since its inception, just like the Presiding Officer and the First Minister—a member of the class...
The Deputy First Minister and Cabinet Secretary for Education and Skills (John Swinney) SNP
It is my privilege to close the debate for the Government, and to encourage Parliament to reject this baseless motion from the Conservatives. At the heart of...
Liz Smith (Mid Scotland and Fife) (Con) Con
Tomorrow, every seat in the Parliament becomes vacant again. All business in the chamber comes to an end, after which we await the verdict of the voters on 6...
The Presiding Officer NPA
Order, please.
John Swinney SNP
Will the member give way?
Liz Smith Con
I will not. When political commentaries are written these days, it is often said that politicians have sunk low in people’s esteem; that there is a diminishe...
The Presiding Officer NPA
Please, Mr Swinney.
Liz Smith Con
If Mr Swinney is going to make comments, I would be grateful if he could just listen to the next point. I hope that the First Minister will reflect on the f...
The Presiding Officer NPA
That concludes the debate on a motion of no confidence, and we will go straight to the vote. The question is, that motion S5M-24292, in the name of Ruth Dav...
The Presiding Officer NPA
There will be a division. We will suspend for five minutes to allow members in both the chamber and the virtual chamber to access the voting app. 16:02 Meet...
The Presiding Officer NPA
We are back in session and we will move straight to the vote. The question is, that motion S5M-24292, in the name of Ruth Davidson, on a motion of no confid...
Gil Paterson (Clydebank and Milngavie) (SNP) SNP
On a point of order, Presiding Officer. I was unable to access the app. I would have voted no.
The Presiding Officer NPA
Thank you, Mr Paterson. Your vote will be added to the vote roll. For Balfour, Jeremy (Lothian) (Con) Ballantyne, Michelle (South Scotland) (Reform) Bowm...
The Presiding Officer NPA
The result of the division on motion S5M-24292, in the name of Ruth Davidson, on a motion of no confidence, is: For 31, Against 65, Abstentions 27. Motion d...
The Presiding Officer NPA
We will move to the next item of business. I remind all members who need to leave the chamber at this stage to follow the one-way systems, to wear their mask...