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Scottish Parliamentary Standards (Sexual Harassment and Complaints Process) Bill

The Bill implements recommendations made by a joint working group on sexual harassment and sexist behaviour in the Scottish Parliament.

This is a Committee bill

The Bill became an Act on 21 April 2021

Introduced: the Bill and its documents

Overview

The Bill:

  • allows the Commissioner for Ethical Standards in Public Life in Scotland to investigate complaints that an MSP’s staff member was (before 7 January 2020) sexually harassed by that MSP
  • removes a time-limit, so that the Commissioner can investigate historic complaints about MSPs’ conduct without having to be directed by the Parliament to do so
  • removes the need for complaints (and notices withdrawing complaints) to be signed

Why the Bill was created

The Bill was created by the Standards, Procedures and Public Appointments Committee. It implements recommendations made by a joint working group on sexual harassment and sexist behaviour in the Scottish Parliament.

Accompanying Documents

Explanatory Notes (128KB, pdf) posted 13 November 2020

Policy Memorandum (167KB, pdf) posted 13 November 2020

Financial Memorandum (210KB, pdf) posted 13 November 2020

Statements on legislative competence (88KB, pdf) posted 13 November 2020

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.

The Bill was introduced on 13 November 2020

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Standards, Procedures and Public Appointments Committee. The lead committee considers and reports on the Bill.

Stage 1 Debate and decision

A Stage 1 debate took place on 16 December 2020 to consider and decide on the general principles of the Bill.

Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 16 December 2020

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

First meeting on amendments

No amendments were lodged at Stage 2 of the Bill.

The Bill ended Stage 2 on 27 January 2021

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: Scottish Parliamentary Standards (Sexual Harassment and Complaints Process) Bill
  • Text of motion: That the Parliament agrees that the Scottish Parliamentary Standards (Sexual Harassment and Complaints Process) Bill be passed.
  • Submitted by: Bill Kidd
  • Date lodged: Tuesday, 02 February 2021
  • Motion reference: S5M-24038
  • Current status: Taken in the Chamber on Thursday, 04 March 2021

Result 119 for, 0 against, 0 abstained, 10 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

The Bill ended Stage 3 on 4 March 2021

Bill becomes an Act

If the Bill is passed, it can receive Royal Assent and become an Act.