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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 6 May 2025
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Displaying 1487 contributions

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Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 5 September 2024

Martin Whitfield

Agenda item 2 is the Scottish Elections (Representation and Reform) Bill. We are joined by Jamie Hepburn MSP, who is the Minister for Parliamentary Business, and by Scottish Government officials Iain Hockenhull, who is the elections bill team leader, Chris Nicholson, who is a solicitor and head of branch for constitutional reform and external affairs, and Lorraine Walkinshaw, who is a lawyer in the legal directorate. I welcome you all to the meeting and invite the minister to make some opening remarks.

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 5 September 2024

Martin Whitfield

Therefore, you do not have a timescale for that at the moment.

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 5 September 2024

Martin Whitfield

I have no intention of polling committee members now on their individual views. As a committee, we, too, would need to take evidence on that. However, in practical terms, how do you intend to take that evidence from members of the Scottish Parliament? I very much echo the attitude of the Scottish Government that this bill belongs, and election bills generally belong, in essence, to Parliament, to be facilitated by the Scottish Government. On such issues, it would be useful to know how you intend to conduct that consultation.

10:30  

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 5 September 2024

Martin Whitfield

Absolutely, and I welcome the comments in a number of formats about seeking the views of this committee. I find that both reassuring and helpful. Of course, the committee’s views have to be based, in some way, on evidence that we hear, and that is an opportunity for people outside of the Parliament at various levels to participate.

Minister, I thank you and your officials for attending today—it is always illuminating—and we will be in touch with you through correspondence.

10:32 Meeting continued in private until 11:06.  

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 5 September 2024

Martin Whitfield

Are you talking about automatic or assisted registration, minister? After all, there is a very subtle difference between the two: with an automatic registration pilot, either you do it or you do not, but with assisted registration, a data challenge exists for various other reasons, such as the quality of data that is held and so on. Are you talking about automatic registration—that is, people being automatically registered when it becomes apparent that they should be on the register—or assisted registration, when there is some form of positive outreach and people are told, “You can now be registered, and this is all that you need to do”?

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 5 September 2024

Martin Whitfield

That is excellent. Thank you.

I am sorry, Joe—do you want to come in?

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 5 September 2024

Martin Whitfield

I was just going to say that, if you want to say more about where the Government is with that, it might be beneficial.

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 5 September 2024

Martin Whitfield

With regard to disqualification, at the minute, when someone puts their name forward for election, they go through a short period of time when there can be notices saying that they cannot stand for election for reasons X, Y and Z. The difference in this case is that, even if that does not happen, the person could still never stand for election. The point is the stage at which that becomes apparent and what the challenges are. It is clear from your evidence this morning, for which I thank you, that there is real complexity in this matter, with the potential for an extension to, in effect, a non-criminal order. The challenge lies in the detail.

You mentioned the Venice commission. Is it the Scottish Government’s view that elected individuals at local authority level and here in Parliament should be held to the same standards, rather than there being the nuance that you hinted at with regard to the Venice commission?

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 5 September 2024

Martin Whitfield

Therefore, in relation to the human rights element and whether, in effect, a never-ending order would lead to a never-ending disqualification from standing for elected office, the Scottish Government’s confidence to assert that the proposal is reasonable has been developed more through discussion among yourselves—I understand that the Welsh Government has tackled the same issues—rather than in discussion with people elsewhere.

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 5 September 2024

Martin Whitfield

Are you sure?