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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 11 December 2025
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Displaying 2081 contributions

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Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Martin Whitfield

From an administrative point of view, the mechanics suggest limiting it, but—I do not want to use the word “automation”—electronification of electoral registration may make it easier. Would it be reviewed at that stage?

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Martin Whitfield

Those provisions should apply to the petition process, the subsequent regional poll and/or a by-election. That is probably easier with regard to constituency by-elections, but the point should be made specifically in relation to regional polls and behaviour during the petition period.

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Martin Whitfield

Under the proposal in the bill, the question in the petition is, in essence, a finite one and, when the 10 per cent threshold is reached, there will be a recall. Should we simply rely on that finite question and, when it is answered, say, “There will be a recall,” or have you seen from previous examples any value in a petition staying open, given the constraint that people can say only, “Yes”?

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Martin Whitfield

The reality is that, with the deep hope that the situation will happen infrequently, the exercise has to start every time that the situation occurs.

I want to go back to the challenges with regard to registration. A lot of the evidence that has been submitted relates to the challenges that occur if another local by-election is being held at the council level. Do we need to bring together the systems in respect of whether a person is or is not on that register, to take account of that challenge? I accept that that situation is administratively challenging, but is it one that, if the right level of clarification were to be given about the cut-off dates, could be made to work administratively?

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Martin Whitfield

I think that I am pushing at the point that the petition is not an electoral event but that, for the purposes of the behaviour of those who—

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Martin Whitfield

Thank you for giving evidence to the committee. I will suspend the meeting for a short while to allow for a change of panel members.

10:09 Meeting suspended.  

10:14 On resuming—  

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Martin Whitfield

I welcome to the meeting our second panel for today’s evidence taking. We are joined by Sarah Mackie, head of the Electoral Commission in Scotland, and Jenny Brotchie, acting head of Scottish affairs at the Information Commissioner’s Office. Good morning to both of you. Graham Simpson, as the sponsoring MSP of the bill in question, is still with us, so I welcome him a second time.

If it is all right with the panel, I will move straight to questions. In the first instance, I want to look at time periods and the fact that the bill proposes a period of four weeks for the petition process rather than the six weeks that occurs in other places, particularly at Westminster, and which people are becoming used to. Is there a good reason to curtail the period to four weeks, or is it outweighed by the fact that having similar electoral periods might help people’s understanding?

Sarah, would you like to kick off?

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Martin Whitfield

In your submission, you commented not on the identification question, but on the simple fact that, when someone goes to sign a petition, you know which way they are going to go. That is the proposal that sits with us in this bill, and it is, consequently, why the 10 per cent provision has been included.

Looking at the tight time period, is there any point in extending it beyond the point at which the 10 per cent threshold is reached?

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Martin Whitfield

Yes, just on that proposal—I will come back to the other proposals. Is there any value in the petition continuing to stay open for another two or three weeks when you know what the outcome will be?

Standards, Procedures and Public Appointments Committee

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

Meeting date: 8 May 2025

Martin Whitfield

Going back to the roundabout—or the cul-de-sac—that we drifted into on the yes/no question on the petition, I note from the current proposal and the examples that we have from the UK that someone simply goes in and indicates that they want a recall. Is there any value in expanding that to give voters the opportunity to put their view forward? Do you see any complexities in that respect? What do you see as the consequences of its being just a yes or no question?