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Seòmar agus comataidhean

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 6 December 2025
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Displaying 2076 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

So, the Scottish Government is confident that the authority to make provision for payments will prevent an accusation against the corporate body that it is failing to meet the 1998 act because it is not making such provision.

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

Did you consider the challenge that, although ennoblement occurs when it occurs in the House of Lords, the individual will be aware that ennoblement is coming, and, funnily enough, they actually have a huge amount of control over when it happens? Did that form any part of your concerns or, to go back to the policy behind the measure, are you satisfied that it is existing members of the House of Lords that you are talking about when it comes to dual mandates, rather than someone who is anticipating becoming a member?

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

That is very helpful. It goes back to the policy decision that being an MSP is a full-time job and the public expectation is that the member has a full-time commitment to it and nothing else to detract from it. That underlies the practical decisions that are having to be taken in the SSIs.

Thank you for your patience, Graham.

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

Excellent. Thank you.

Our next agenda items are the debates on the three pieces of subordinate legislation that are before us. The first is on motion S6M-18743.

As members will be aware, only the minister and members can speak during any debate on the motion. I invite the minister to move the motion.

Motion moved,

That the Standards, Procedures and Public Appointments Committee recommends that the Scottish Parliament (Disqualification of Members of the House of Commons) Regulations 2025 be approved.—[Graeme Dey]

Motion agreed to.

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

The next item is a discussion of motion S6M-18744. I invite the minister to move the motion.

Motion moved,

That the Standards, Procedures and Public Appointments Committee recommends that the Scottish Parliament (Disqualification of Members of the House of Lords) Regulations 2025 be approved.—[Graeme Dey]

Motion agreed to.

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

The next item is a debate on motion S6M-18745. I invite the minister to move the motion.

Motion moved,

That the Standards, Procedures and Public Appointments Committee recommends that the Scottish Parliament (Disqualification of Councillors) Regulations 2025 be approved.—[Graeme Dey]

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 18 September 2025

Martin Whitfield

There is a point on which I seek clarification. There seems to be a tension between new rule 38(4A) of the Scottish Parliament election rules and the previous rule—rule 46—with regard to assistance. I understand that, historically, the rule was designed for when the candidate actually casts their vote, rather than their journey to the polling station and the process throughout. Our fellow committee raised concerns about that in correspondence with the minister.

As a representative of the Scottish Government, are you able to state, for the record, whether you are content with the manner in which it has been directed that rule 46 will work in practice, given that part of the policy intention is to allow for innovation with regard to devices and the support that can be offered in future? You have hinted that you are content with that. Is that fair?

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 18 September 2025

Martin Whitfield

For the purposes of the election in May next year, is the Scottish Government content that the interpretation is in the right place to allow support to be offered?

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 18 September 2025

Martin Whitfield

I think that the challenge and danger lies with the problem that is being encountered. If we are talking about an individual being unable to vote, the fact is that that problem will not be raised by those who provide feedback. It simply will not have happened to them. As we heard when we took evidence on the 2025 act—I should say that this is not a criticism—you use those in the electoral field, in the widest sense, to do the outreach to all of these groups; indeed, we heard on a number of occasions about that challenge, which relates not only to resources but to the practical aspects of how we speak to groups that are among our most marginalised from a democratic point of view. I take it that that is something that you will continue to consider.

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 18 September 2025

Martin Whitfield

My last question is in relation to the six-month period. Other than the regulations that will be laid on Monday, which relate to people who have already registered for a postal vote having that period extended so that there is no perceived risk of losing their vote, is any other further secondary legislation envisaged?

A number of matters that we have consulted on have not appeared in the instrument. We are getting close to the six-month period. Is there any intention of introducing any further legislation, other than what you have indicated to us, that you are aware of?