Earlier in the debate, Justice Secretary Kenny MacAskill called on Holyrood to back the legislation.
Justice Secretary Kenny MacAskill's amendment fell, with 48 MSPs backing it and with 74 against.
Justice Secretary Kenny MacAskill has said prisons should not be "routinely used for short-term prisoners".
BBC: Prison overcrowding 'needs to be fixed', MacAskill says
The move was announced by Justice Secretary Kenny MacAskill during a visit to Musselburgh Rugby Club.
But Justice Secretary Kenny MacAskill intervened this week to ask the parties to consider sharing the functions.
BBC: Deal struck to end impasse over police force's functions
Justice Secretary Kenny MacAskill voted against the law which will allow the new bridge to be built.
The issue prompted Justice Secretary Kenny MacAskill to intervene and ask the parties to consider sharing the functions.
Meanwhile, MSP Kenny MacAskill has agreed to meet with representatives from Sands at the Scottish Parliament on Monday.
They heard from Justice Secretary Kenny MacAskill about the government's No Knives Better Lives initiative, designed to reduce violence.
Justice Secretary Kenny MacAskill told the SNP conference in Perth that crime should be tackled "wherever it may be".
Names touted as a possible replacement include Ms Cunningham, justice spokeswoman Nicola Sturgeon, Kenny MacAskill and former MSP Mike Russell.
Justice Secretary Kenny MacAskill said it was already "almost invariably" the case that using a knife brought a jail term.
His release by Scotland's Justice Secretary Kenny MacAskill triggered an international controversy, sparking outrage among the relatives of US victims.
Kenny MacAskill (Lothians, SNP) asked whether the FM will undertake to seek new operators following the collapse of Duo Airways.
Justice Secretary Kenny MacAskill saw his amendment, calling for a presumption against prison sentences of three months or less, passed.
Scotland's Justice Secretary Kenny MacAskill has said he believes no-one could have anticipated the "horrendous attack" at the gas plant.
Justice Secretary Kenny MacAskill has said money could "be better spent improving services and facilities at a smaller number of courts".
Ms Lamont urged Justice Secretary Kenny MacAskill to investigate how cuts to support staff have affected the roles of police officers.
Justice Secretary Kenny MacAskill voted against the law which would allow the new bridge to be built across the River Forth.
Kenny MacAskill opened a debate at Holyrood on the court's role and its impact on Scots law following an expert review.
Justice Secretary Kenny MacAskill said that, although the Scottish Government is committed to strengthening community sentences, it is building new jails.
The Libyan, who has terminal prostate cancer, was released by Scottish Justice Minister Kenny MacAskill in August last year on compassionate grounds.
Ministers from Helen Liddell, when she was Scottish secretary, to the current justice secretary, Kenny MacAskill, have highlighted Buckfast as a problem drink.
She called on Justice Secretary Kenny MacAskill to pilot the Social Impact Bond model as a new approach to prison rehabilitation and reducing reoffending.
Justice Secretary Kenny MacAskill said he planned to bring forward changes in the law this year which would address the issues raised in the judgement.
Justice Secretary Kenny MacAskill previously said the legislation put victims first.
Justice Secretary Kenny MacAskill said the figures reflected the changes in the law but more needed to be done to stop individuals falling into unmanageable debt.
Both Annabel Goldie and Willie Rennie felt that Justice Secretary Kenny Macaskill might care to mind his tongue when criticising the noble judges on the UK bench.
In Scotland, Justice Secretary Kenny MacAskill said last week that the maximum prison sentence for carrying a knife in Scotland would increase from four to five years.
Justice Secretary Kenny MacAskill, who chaired the talks, said the government has made significant changes to its proposals which are driven by the need to improve justice.
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