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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 28 December 2025
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Displaying 2087 contributions

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Standards, Procedures and Public Appointments Committee

Scottish Parliament (Recall and Removal of Members) Bill: Stage 1

Meeting date: 12 June 2025

Martin Whitfield

In previous evidence sessions, we have discussed the matter of it falling to a local authority to fund a by-election. Is your view that it should be the same for this process? Arguably, funding for a constituency by-election could fall to a local authority, but a regional one is a much bigger problem. Has the Government thought about who would take on financial responsibility for any additional costs that may occur?

Standards, Procedures and Public Appointments Committee

Scottish Parliament (Recall and Removal of Members) Bill: Stage 1

Meeting date: 12 June 2025

Martin Whitfield

Absolutely.

The strong advice is that we should have an agreed battlefield at least six months before an election. That takes us back to delegated legislation. We have talked about the financial issues that need to be considered. One issue that has been picked up is the potential necessity for criminal consequences if things are mishandled in respect of petitions or subsequent events. At the minute, because the bill has not been passed, the legislation is silent on that.

Your memorandum suggests that that situation can be dealt with as these things normally are, in secondary legislation or other ways. Is the Government confident that you can cross those thresholds in time for May next year? I am talking about identifying criminal responsibility. We have heard about the finance, so I am happy to put that to one side, but is the Government confident that it can address the other, more practical—should criminal things ever be practical?—aspects that need to be covered in secondary legislation?

Standards, Procedures and Public Appointments Committee

Scottish Parliament (Recall and Removal of Members) Bill: Stage 1

Meeting date: 12 June 2025

Martin Whitfield

I am loth to push you further than that.

Graham Simpson, our time is ever so slightly tight, but it is there anything that you would like to pick up with the minister before I conclude this part of the evidence session?

Standards, Procedures and Public Appointments Committee

Scottish Parliament (Recall and Removal of Members) Bill: Stage 1

Meeting date: 12 June 2025

Martin Whitfield

On that positive comment, I thank the witnesses, and particularly the minister, for their evidence. I understand that the minister is staying with us for another exciting session. I suspend the meeting to allow a change in officials.

10:13 Meeting suspended.  

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Standards, Procedures and Public Appointments Committee

Dual Mandates

Meeting date: 12 June 2025

Martin Whitfield

Welcome back. Agenda item 3 is to take evidence from the Minister for Parliamentary Business and officials on dual mandates, although the session may turn out to be more of a discussion than one that follows a traditional evidence-taking format—we will see.

Members have been provided with information about the consultation that the Scottish Government undertook, for which I thank the minister. I note the expectation that subordinate legislation on dual mandates will be referred to the committee in the future. Today’s discussions will not pre-empt our scrutiny—formal and otherwise—of future regulations.

I welcome again the minister and his supporting Scottish Government officials: Iain Hockenhull, elections bill team leader; Ailsa Kemp, Parliament and legislation unit team leader; and Jordan McGrory, solicitor. Minister, would you like to make opening remarks and take us through your consultation?

Standards, Procedures and Public Appointments Committee

Dual Mandates

Meeting date: 12 June 2025

Martin Whitfield

On the top-level question about whether it should be possible to hold a dual mandate, a substantial number of respondents said no to MPs and councillors holding such a mandate. The top-level responses about members of the House of Lords were interesting. The suggestion was that, instead of having a grace period, there could be the opportunity to take a leave of absence. What is your view on the fact that 21 respondents said that a dual mandate could be held with a leave of absence, while 48 said that it could not?

Standards, Procedures and Public Appointments Committee

Dual Mandates

Meeting date: 12 June 2025

Martin Whitfield

As you grapple with the issue, do you want to tell us what you are inclining towards? Are you following the view from the consultation responses?

Standards, Procedures and Public Appointments Committee

Dual Mandates

Meeting date: 12 June 2025

Martin Whitfield

I am content, because I know that the specifics have not yet been published. Once we see responses that extend beyond the commentary, will the committee get more insight that might help us to understand why the responses have come out in the way they have?

Standards, Procedures and Public Appointments Committee

Dual Mandates

Meeting date: 12 June 2025

Martin Whitfield

Absolutely. I invite you to speak about one of the most challenging elements, which is grace periods, as you have mentioned. People come with different views that depend on their experience, oversight and knowledge of the subject. Is the Scottish Government developing a view on what the appropriate grace period should be? Maybe the periods would differ, depending on who had the dual mandate.

Standards, Procedures and Public Appointments Committee

Dual Mandates

Meeting date: 12 June 2025

Martin Whitfield

Is it also the case that the salary is, in essence, the reward for being an MSP, whereas the rights and privileges allow ³ÉÈË¿ìÊÖ to represent the constituents who have chosen to send them here? That level of versatility allows the Parliament to develop, while urging an individual to do the right thing.