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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 5 May 2021
  6. Current session: 12 May 2021 to 15 June 2025
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Displaying 1653 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 22 May 2025

Martin Whitfield

Does that not go back to the fundamental question of what a recall is for? The principle of a recall would appear to be to give the electorate the ability to remove an individual whose behaviour has fallen below whatever the acceptable level is. Now, however, we seem to be discussing whether the purpose of the recall is to allow a current snapshot of the electorate’s view of political parties and who governs the country. That is at the expense of the individual, but it is also at the expense of removing the process of holding an elected individual to account for their behaviour and instead providing more of what people would want by way of a general election.

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 22 May 2025

Martin Whitfield

Yes, there are other representatives in an area.

Standards, Procedures and Public Appointments Committee [Draft]

Decision on Taking Business in Private

Meeting date: 22 May 2025

Martin Whitfield

Excellent. I am grateful.

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 22 May 2025

Martin Whitfield

Our second agenda item is our continued consideration of the Scottish Parliament (Recall and Removal of Members) Bill at stage 1. We are joined by our first panel, which consists of three witnesses. I say good morning to Dr Ben Stanford, a senior lecturer in law from Liverpool John Moores University, who joins us online; Dr Nick McKerrell, a senior lecturer in law at Glasgow Caledonian University; and Professor Alistair Clark, professor of political science at Newcastle University.

We will move straight to questions. Should any witness wish to come in, I ask you to catch my attention or type an R in the chat function.

Finally, I say good morning to Graham Simpson MSP, who has sponsored the bill. I will be more than happy to allow Graham to come in to ask questions and seek clarifications when he wishes.

I hope that everyone is content with that. I will kick off the evidence session by asking about the overarching purposes of the bill, and the circumstances in which an MSP can be removed from office during a parliamentary session, including whether what we have at present is too limited. Is the bill necessary, and does it fulfil those purposes?

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 22 May 2025

Martin Whitfield

I have a follow-up question. I note that a number of other legislatures use recall. What are the highlights in that regard? What examples exist outwith Scotland and, indeed, outwith the United Kingdom, to which we should pay attention in order to learn about the more detailed aspects?

I am happy to go to Dr Stanford first, if he wants to contribute.

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 22 May 2025

Martin Whitfield

So, from a policy discussion point of view, we should keep the election period for the by-election separate from the period of electoral activity, which would be the petition.

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 22 May 2025

Martin Whitfield

But it is possibly a discussion for another time.

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 22 May 2025

Martin Whitfield

I am sorry, Emma, but Ben Stanford also wants to contribute.

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 22 May 2025

Martin Whitfield

I want to pick up Ben Stanford’s comment about whether the electorate would be concerned about not having a choice. That goes back to the question of who is being punished and what the role of recall is. Is it about an individual MSP—irrespective of how they came to the Parliament—behaving in a way that is unacceptable, or is it about punishing a political party?

Do you have any confidence that, if the process was specifically and openly about dealing with an MSP whose behavioural choices are such that they should not represent people, the challenge in respect of an electorate just wanting to punish a political party would be less of a concern? Alternatively, are those two issues just so intertwined that we cannot differentiate between them?

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 22 May 2025

Martin Whitfield

Another challenge is that, with a petition, it might be difficult to identify who is doing the advertising and the leafleting to urge people to sign it.