Graham Simpson MSP introduced this Member’s Bill. It will introduce new processes for removing MSPs from office.
This is a Member's bill
The Bill was introduced on 17 December 2024 and is at Stage 1
This Bill is at Stage 1 of the process to decide if it should become an Act.
The Bill as introduced sets out that an MSP could be recalled:
When an MSP is recalled, people in the constituency or region that the MSP represents will be able to sign a petition calling for the MSP to lose their seat. If the petition is successful, the MSP will lose their seat.
The Bill also establishes that an MSP could be removed if:
Graham Simpson MSP believes that the current circumstances where an MSP can be removed from office are too limited.
Scottish Parliament (Recall and Removal of Members) Bill as introduced (1MB, pdf) posted 17 December 2024
Explanatory Notes (169KB, pdf) posted 17 December 2024
Policy Memorandum (421KB, pdf) posted 17 December 2024
Financial Memorandum (323KB, pdf) posted 17 December 2024
Delegated Powers Memorandum (234KB, pdf) posted 17 December 2024
Statements on legislative competence (109KB, pdf) posted 17 December 2024
Explanatory Notes (260KB, pdf) posted 17 December 2024
Policy Memorandum (488KB, pdf) posted 17 December 2024
Financial Memorandum (377KB, pdf) posted 17 December 2024
Delegated Powers Memorandum (275KB, pdf) posted 17 December 2024
Statements on legislative competence (160KB, pdf) posted 17 December 2024
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
Maurice Golden MSP is the additional member in charge for the Scottish Parliament (Recall and Removal of Members) Bill.
The Member who introduces the Bill is also, in the first instance, the ‘Member in charge’ of it. They may choose to name an ‘additional Member in charge’. This gives the Member in charge an assurance that any necessary procedural steps can still be taken if they are unavailable for a period or on a particular occasion.
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
A research briefing will be published in due course.
The Bill was introduced on 17 December 2024
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.
The lead committee for this Bill is the Standards, Procedures and Public Appointments Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.