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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 20 October 2025
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Displaying 1891 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

I would say—tongue in cheek—that it is because there has been a lack of clarification that the question arose in the first place. You have put it on record that the Government is confident that the provision will stand the test, perhaps even a judicial test, and that you have advice that supports that view.

Does any other committee member have any other questions before I turn to a colleague who is joining us today?

Just for the record, I note that the 14-day period in respect of being a member of the House of Lords is a period of time that has been chosen, in essence, so that someone in such a position can resign. Is the Scottish Government confident that there are no circumstances that may exist where it would be impossible for an individual to resign within 14 days, for example if the House of Lords is not sitting between a general election and the King’s speech?

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

Excellent.

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

The deadline for reporting is 27 October. As we have nothing further to do in public, I bring the public part of the meeting to an end.

10:19 Meeting continued in private until 10:34.  

Standards, Procedures and Public Appointments Committee [Draft]

Decision on Taking Business in Private

Meeting date: 2 October 2025

Martin Whitfield

Good morning, and welcome to the 17th meeting in 2025 of the Standards, Procedures and Public Appointments Committee. I have received apologies from Annie Wells, and we are joined by Edward Mountain as her substitute—good morning, Edward.

Under agenda item 1, does the committee agree to take in private item 6, which is on guidance on legislative consent?

Members indicated agreement.

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

Again, for the purpose of clarification, given that the Scottish Parliament rightly and understandably has no control over the salaries of members of Parliament, it was decided to take the same approach with the three statutory instruments, which relate to two elected roles and one unelected role, because it is easier and more pragmatic to make the deduction from the MSP salary. Control over that can be provided, and the practicalities of implementing that can then be dealt with. Is that right?

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

The one outstanding period of time relates to councillors. The longer exception in that regard is a response to an understandable concern about multiple by-elections occurring following a Holyrood election. However, 372 days is a considerable period of overlap. Did that form any part in the consideration of whether there should be a dual salary for a period? If not quite two full-time jobs, there is one plus an almost full-time job to take account of, so someone is effectively being required to hold down two jobs, but with a penalty to their salary. Was that part of the consideration in either coming up with the 372 days or just saying that the burden of multiple by-elections outweighs the benefit of looking at anything less than that?

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

My other question is about what mechanisms will exist to monitor that. Councillors could resign their councillorship much earlier than that, so this is a sort of long stop. What will prevent multiple by-elections from occurring in around September of the year of a Holyrood election?

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

What concerns me is that, in the public responses to the consultation, there is a very strong view that members should not hold two positions. There will be enormous pressure on new MSPs to immediately resign their council seats in order to give a full-time commitment to this job, and undertakings to do so will probably be extracted from them during the election period.

I understand why the SSIs have been articulated as an environment in which this change can happen. However, that has perhaps ignored a reality—I think more with councillors than with MPs, because that would be resolved and understood before the election—that multiple council by-elections could happen only months before the start of the campaign for the new council elections in 2027.

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

Absolutely.

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

Emma, do you want to come back? I am not sure that that actually answers your question.