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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 March 2026
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Displaying 2354 contributions

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Standards, Procedures and Public Appointments Committee

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

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

The Scottish Government will monitor it.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

Would it be correct to say that, if we look at the events that are going to happen next year and the year after, the 372-day period will take us just beyond the scheduled council elections but is more than the six months that would mean that there was no need for a by-election if the resignation was in that period? It captures the six months-plus to the election at Holyrood.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

Expenses were excluded from all of this—we have discussed that issue with regard to the House of Lords. We are looking specifically at salary, so the question about the implementation of expenses falls to be organised between IPSA and this Parliament’s corporate body. The question of expenses rests outside the purview of this Parliament anyway in relation to Westminster; it could be addressed only in relation to expenses in this Parliament.

Am I right to go back to the confirmation that you gave last time, that the corporate body is able to deal with this through our expenses system instead of by trying to pursue someone who is outwith our remit? Is that fair?

10:00  

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

Excellent. Ruth, is there anything else that you want to ask?

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

So, you are seeking the authority through the SSI to amend or redefine the statement in the 1998 act that there needs to be “provision for the payment”?

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

Sorry, I realise that it will not change the mechanism. What I am concerned about is the ambiguity in wording. One provision places a duty to pay and the other is, in effect, placing a duty not to pay, by deduction.

Standards, Procedures and Public Appointments Committee

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

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

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.