Tomkins amendment defeatedpublished at 14:40 Greenwich Mean Time 19 December 2019
Mr Tomkins sees his amendment defeated with 54 MSPs voting for it but 67 against.
Nicola Sturgeon is quizzed at first minister's questions
This morning the first minister has called for powers to hold indyref2 as Boris Johnson prepared for the Queen's Speech at Westminster
Louise Wilson and Craig Hutchison
Mr Tomkins sees his amendment defeated with 54 MSPs voting for it but 67 against.
Mike Russell says he has moved very substantially on these issues.
The constitution secretary points out he accepted further proposals from the commission.
He insists within a single parliamentary term a question can continue to be valid and he also insists there is no validity of any question currently.
The parliament will have the right to insist any referendum question be tested through legislation required to hold it, he argues.
Lib Dem MSP Mike Rumbles says his party will back the amendment from Mr Tomkins because it is "the right thing to do".
He says allowing the Electoral Commission will ensure confidence in the legitimacy of the referendum result.
This should not be a controversial bill but the Scottish government has made it a partisan issue, he argues.
Mr Rumbles insists the validity period is nonsense and designed to allow the government to fix referendums.
If this amendment is not passed, the Lib Dems will oppose the entire bill at decision time he confirms.
Scottish Green co-leader Patrick Harvie says using language such as 'rigging' is performative partisanship.
He insists we have achieved a position which meets calls made by the Electoral Commission by allowing parliament to seek its views.
"It will be for this parliament to make that determination."
Any referendum will be established by a separate bill which this parliament can vote on, he adds.
His party is backing the government's position and does not support Mr Tomkins' amendment.
Labour MSP Alex Rowley says if the SNP don't back Adam Tomkins's amendment this proposed legislation will not be seen as the gold standard, but rather the bill that has been put through in order to rig the referendum.
Mr Rowley argues the government's position is simply not acceptable.
He says his party will support the amendment from the Tory MSP.
"No political party in this chamber should be able to rig a referendum question."
This leads to a fair amount of brouhaha in the chamber.
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Adam Tomkins says it is a simple principle that the Electoral Commission must test any referendum question and accuses the cabinet secretary of seeking to rig these rules.
He says the Electoral Commission has been "robust, fearless and entirely consistent," saying it must be required to provide views and advice no any referendum question regardless of whether it has previously published views.
Mr Tomkins says the commission remains of the firm view that any indyref2 question must be tested by it.
He says only his amendment gives effect to this view and he accuses Mr Russell of being "dishonourable", saying the Electoral Commission are not satisfied.
The position at present in the bill suits the SNP and not voters, he argues.
Mr Tomkins asks if there are questions which are well understood, what does he have to fear from the Electoral Commission?
Mr Russell replies he has nothing to fear, but reiterates the Electoral Commission is satisfied with the changes already made.
Lib Dem MSP Mike Rumbles says this is not true, as the commission has said it feels it should be "required" to test the questions.
Mr Russell reiterates the commission is satisfied, adding it is a major step forward and a major concession by the government.
Turning to the next crucial set of amendments on referendum questions, Mr Russell explains his amendments make adjustments to the agreement reached at stage 2.
The parliament will be able to seek advice from the Electoral Commission, he explains.
Mr Russell says he is disappointed in Adam Tomkins' amendment.
A question may be reused if it is well understood he argues, but he accepts the parliament and commission has a right to take a position on this if testing took place in the preceding parliamentary session.
MSPs have agreed a compromise that would allow the 2014 independence referendum question to be used again in a future ballot.
There had been calls for the Electoral Commission to be consulted about the wording of the question.
However, Holyrood's constitution committee said the question would not need to be tested during the current term as long as MSPs back the move.
The electoral watchdog would also have some input during the process.
The committee was examining and voting on amendments to the Referendums (Scotland) Bill.
The legislation sets out a framework for any referendums to be held in Scotland, and could pave the way for a new ballot on independence.
Ministers have accepted that further legislation would need to be passed before a vote could be held.
Mr Tomkins fails to enshrine the Gould Principle in the indyref framework bill, with 55 MSPs backing his proposal and 66 against.
What is the Gould Principle, some of you ask?
Well let us tell you.
The Gould Principle is that electoral legislation should not be applied to any election held within six months of the new provision coming into force.
In the case of a referendum, Mr Tomkins would like to see a minimum of six months from Royal Assent being given to the legislation required for a referendum to the actual vote.
The principle is named after Ron Gould, who was appointed to conduct an independent review with specific reference to the problems that had arisen the Holyrood elections in 2007.
Constitution Secretary Mike Russell says he hopes the chamber will come together on many of the issues to be debated this afternoon.
He highlights this bill is framework for all future referendums and insists it not about any specific referendum.
Turning to the amendments at hand, he insists a wait of six months will not be suitable for every referendum and urges MSPs not to tie all future votes to this.
Mr Russell says the date of each referendum will be set in the specific piece of legislation for it.
Tory MSP Adam Tomkins begins appropriately enough with amendments one and two relating to referendums to which this bill would reply.
Mr Tomkins says his second amendment would give affect to the Gould Principle to ensure there is enough time to prepare for the referendum.
His amendment would mean a referendum could not be held earlier than six months after Royal Assent is given to the legislation for said referendum.
This proposal is backed by the Electoral Commission and he says six months is the gold standard.
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MSPs will now debate the Referendums (Scotland) Bill, external for the final time, before voting on whether to pass it at decision time.
The bill, also known as the 'indyref2 framework bill' would set the rules for a future independence referendum.
However, ministers have accepted that further legislation would need to be passed before a vote could be held.
Constitution Secretary Mike Russell's compromise amendment which would allow the 2014 independence referendum question to be used again without further testing, was passed at Stage 2, with the three unionist parties opposing it.
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The first minister says she is “enormously grateful” for emergency service workers in the sacrifice they make for making us feel safe.
She highlights these workers will get time off in lieu.
Mr Mountain agrees with Ms Sturgeon’s comments and urges people to pause over the Christmas period to think about those in the armed forces.
Ms Sturgeon says she is happy to endorse this sentiment.
She ends FMQs by wishing members and people around Scotland a very happy Christmas.
Tory MSP Edward Mountain asks what alternative holiday arrangements have been made for staff from the emergency services who will be working over the festive period.