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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 4 July 2025
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Displaying 1790 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 19 June 2025

Martin Whitfield

Elections obviously have tight rules on campaign expenditure: who does it, how it is done and how it is reported. When the minister gave evidence about the recall petition, he made the point that an individual could face an unknown campaign to remove them. Would that need to be addressed in secondary legislation? Would you expect the financing in relation to the petition to be dealt with in secondary legislation, and should it be dealt with by secondary legislation for the purposes of the recall petition?

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 19 June 2025

Martin Whitfield

Let me delve into that. You talked about serious offences; there might be other offences that a group of the community would perhaps despair at. For example, the provision would be triggered if someone were in prison for more than six months for contempt of court, but people might dispute the reason for the sentencing. I am not inviting you to comment on that unless you wish to. Are you content that the trigger should be the six-month imprisonment sentence rather than the reason for which the six-month imprisonment—or, indeed, more but less than 12 months and one day—has come about?

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 19 June 2025

Martin Whitfield

Today, we conclude our oral evidence sessions on the Scottish Parliament (Recall and Removal of Members) Bill at stage 1. I welcome Graham Simpson, who is the member in charge of the bill. He is joined by Ben McKendrick, senior clerk in the Scottish Parliament’s non-Government bills unit, and Catriona Lyle, who is from the Scottish Parliament’s legal services office. Graham, before we move to questions from members, would you like to open on the purpose of the bill and the reasons for it?

Standards, Procedures and Public Appointments Committee [Draft]

Decision on Taking Business in Private

Meeting date: 19 June 2025

Martin Whitfield

Good morning. I welcome everyone to the 11th meeting in 2025 of the Standards, Procedures and Public Appointments Committee. I have received apologies from Ruth Maguire, so I welcome Rona Mackay, who is attending as a committee substitute.

Our first item of business is for the committee to agree to take in private item 4, which will be discussion of the evidence on a member’s bill that we are about to hear. Are members content to take that item in private?

Members indicated agreement.

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 19 June 2025

Martin Whitfield

I cannot imagine that.

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 19 June 2025

Martin Whitfield

The challenge is in the way that the bill is drafted. There are objective tests to be met, such as being sentenced to imprisonment, and there is no excuse for that. There are then the more subjective behavioural choices. I do not want to use the word “excuses”, because they are not excuses, but there might be explanations for those choices. I am just trying to work out which is the most important from your point of view.

An objective, simply assessed test is that you are in prison. A more subjective test is absence, and if you can give a reason, such as general data protection regulations, privacy, family support and all that, then that is all right. However, the voter from that area is going to say, “They said that that was all right, but they did not say why.”

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 19 June 2025

Martin Whitfield

Emma Roddick has a question.

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 19 June 2025

Martin Whitfield

Right. That is what I am driving at.

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 19 June 2025

Martin Whitfield

It is the act of losing one’s liberty that occasions the provision.

Standards, Procedures and Public Appointments Committee [Draft]

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

Meeting date: 19 June 2025

Martin Whitfield

Thank you very much for your opening comments, particularly those about a committee member whom we hope to see return in the very near future. Now is the moment for all those people whom you have grilled to open the popcorn and pull their chair forward.

I will kick us off. You answered my first question, on what you would say is the main purpose of recall. I would like to explore that with you a bit. In much of the documentation and, indeed, the representations that you have made today, you have talked specifically about the MSP as an individual and about their behaviour or choices falling below what their electorate could reasonably expect of them. In the bill, you lay out some simple, objective tests to determine whether an MSP has fallen short. There are, however, also subjective tests, such as providing a reasonable explanation for why something has happened. Do you find that a challenge? We would potentially put into legislation something that others—possibly this committee or its future iterations, as your bill suggests—would decide. Are there challenges in relation to giving subjective tests to future committees when the bill also contains simple objective tests in relation to sentencing and things like that? What is your thinking about those two decisions?