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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 13 July 2025
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Displaying 1811 contributions

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Standards, Procedures and Public Appointments Committee

Decision on Taking Business in Private

Meeting date: 19 September 2024

Martin Whitfield

Good morning. Welcome all to the 21st meeting in 2024 of the Standards, Procedures and Public Appointments Committee. I have received apologies from Annie Wells this morning.

Agenda item 1 is to decide whether to take items 2, 3 and 4 in private. Item 2 is consideration of correspondence on the Scottish Elections (Representation and Reform) Bill from the Minister for Parliamentary Business; item 3 is consideration of correspondence on strengthening net zero scrutiny arrangements; and item 4 is consideration of an update on a meeting with the Scottish Parliamentary Corporate Body. Are members happy to take those items in private?

Members indicated agreement.

Standards, Procedures and Public Appointments Committee

Decision on Taking Business in Private

Meeting date: 19 September 2024

Martin Whitfield

Excellent.

09:30 Meeting continued in private until 10:22.  

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 5 September 2024

Martin Whitfield

That is helpful. To echo what the committee has already said, we are in agreement with the basic principle, but the second that we delve into it, we are confronted with more questions than answers. Given the importance of the matter for individual voters’ trust in democracy, it is an important issue to consider.

As there are no further questions on that point, I will turn to the matter of the Electoral Management Board for Scotland. Thank you for your comprehensive coverage of that in your letters. I would like to pick up on a couple of areas in those letters, the first of which relates to the proposed constitution. You have set out the areas that the constitution would need to cover. Is there anything further that would assist the committee with regard to this matter?

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?

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 5 September 2024

Martin Whitfield

Right. Oliver Mundell has a question.

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 5 September 2024

Martin Whitfield

Minister, if you are happy for us to do so, the committee will write to you with a couple of questions about the associated secondary legislation. In the meantime, what is the Government’s position on anonymous voter registration and the extension to domestic abuse protection orders, given the proposed changes in other parts of the country that might affect people there? If someone moved to Scotland, would they be able to apply for anonymous registration because of the physical and/or psychological harm that they are at risk of? I understand that we still need to make changes.

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 5 September 2024

Martin Whitfield

Yes, and I specifically chose the issue of overnight counts because, interestingly, that is the one area on which you pointed out in your correspondence an intention to consult the Scottish Parliament. There is a difference between your open-door policy, which I absolutely endorse and have used on occasions, and a consultation in which members and other consultees are actively approached in order to seek their views. There is a different emphasis there. If you draw a conclusion from that consultation, it is helpful to know how it happened.

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 5 September 2024

Martin Whitfield

As always, Iain Hockenhull anticipates my very final question. Do you have a meeting date for the panel to discuss the matter?