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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 14 September 2025
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Displaying 772 contributions

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Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Emma Roddick

At the moment, the process for filling a vacancy on the regional list is very different. Both the party and the person who was next on the list would have to produce a certificate to say that they were happy that that person was the candidate. Is it clear whether the bill as drafted completely circumvents the need for a nominating officer certificate? Could we be in a position in which a region-wide ballot is held and the recalled MSP supported but the party does not produce a certificate and that person is not re-elected?

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Emma Roddick

That is interesting. Thank you. We had some discussion with the previous panel of witnesses comparing what happens currently with vacancies on a regional list with what would happen in the case of a recall. Normally, a written statement would be needed from the candidate to say that they wished to take up the seat, along with the party’s certificate of nomination. Malcolm Burr suggested that the way to simplify that process would be to require by provision that a party must produce that certificate if a recalled MSP was supported in a regional poll. What is your view on that?

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Emma Roddick

They might not be a member of the party.

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Emma Roddick

Fair enough.

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Emma Roddick

Finally, from an education perspective, I wonder how easy it would be for people to understand what they were looking at in a regional poll. In a constituency recall election, the recalled MSP could well be standing as an independent or for a different party from their original party. However, with a regional ballot, where the choice would be between that candidate and somebody else who was unnamed, it would all become very party specific. Do you think that people would understand that, if a Conservative regional member was involved, they would not be voting against the Conservatives but would be voting for that person or for someone else?

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Emma Roddick

We can see that, in the case of somebody being recalled, it is very likely that there would be questions about whether they have fallen out with certain people or whether the party really wants them to be a representative. Given that the electorate would have made what Malcolm Burr called a “positive choice”, it seems that requiring the party to certify the person is the right way to go, but would that bring the party’s rights into question?

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Emma Roddick

Thank you.

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Emma Roddick

Sarah, can you go into more detail on the concerns that you raise in your written submission with regard to regional polls?

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Emma Roddick

Of course. It is unclear at the moment whether a party could still refuse to give a certificate of party candidate nomination to a recalled regional MSP if they were supported in a regional poll. Malcolm Burr suggested that the party should be required to do that.

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Emma Roddick

Essentially, it would be really difficult to design a recall system that worked for both first past the post and a proportional representation system at the same time. Given that that is the voting system that we have in Scotland, is there some other way of doing it? We keep talking about parity between regional and constituency MSPs, but the fact is that we are here for different reasons, so should the recall look different for the two kinds of MSP?