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Scottish Parliament (Recall and Removal of Members) Bill

Introduced: the Bill and its documents

Overview

The Bill as introduced sets out that an MSP could be recalled:

  • if they receive a sanction excluding them from Parliament for a certain period of time
  • if they receive a prison sentence of less than 6 months. 

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:

  • they receive a prison sentence of 6 months to 1 year (at the moment an MSP is only removed if they receive a prison sentence of more than 1 year)
  • they do not attend Parliament in person for 6 months and do not have a good reason for their non-attendance.

Why the Bill was created

Graham Simpson MSP believes that the current circumstances where an MSP can be removed from office are too limited.

Accompanying Documents

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

Accompanying Documents (print versions)

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

Additional member in charge

Maurice Golden MSP is the additional member in charge for the Scottish Parliament (Recall and Removal of Members) Bill.

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on the Scottish Parliament (Recall and Removal of Members) Bill

The Bill was introduced on 17 December 2024

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.

Timetable for Stage 1

Stage 1 Deadline

On 14 May 2025, Parliament agreed motion S6M-17532, that consideration of the Scottish Parliament (Recall and Removal of Members) Bill at Stage 1 be completed by 7 November 2025.

On 30 October 2025, Parliament agreed motion S6M-19442, that consideration of the Scottish Parliament (Recall and Removal of Members) Bill at Stage 1 be extended to 14 November 2025.

Lead committee examines the Bill

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

Call for views (closed)

The Standards, Procedures and Public Appointments Committee ran a call for views to help its examination of the Bill.

The Bill proposes measures for the recall and removal of Members of the Scottish Parliament (MSPs) from that office.

The call for views closed on 4 April 2025.

View responses

Meetings of the lead committee

Correspondence: lead committee

Scottish Parliament Recall and Removal of Members Bill 12 November 2025

Letter from the Minister for Parliamentary Business and Veterans 12 November 2025

Scottish Parliament Recall and Removal of Members Bill 5 November 2025

Letter from Graham Simpson MSP, Member in Charge dated 5 November 2025

Scottish Parliament Recall and Removal of Members Bill 18 June 2025

Letter from Engender dated 18 June 2025

Scottish Parliament Recall and Removal of Members Bill 16 June 2025

Letter from the Minister for Parliamentary Business dated 16 June 2025

Scottish Parliament Recall and Removal of Members Bill 15 May 2025

Letter from Malcolm Burr, Convener of the Electoral Management Board

See a full list of Stage 1 correspondence for this committee

Stage 1 report by the lead committee

The Standards, Procedures and Public Appointments Committee published its Stage 1 Report on 5 November 2025.

Stage 1 Report on the Scottish Parliament (Recall and Removal of Members) Bill

Work by other committees

Delegated Powers and Law Reform Committee

Meetings

Report

The Delegated Powers and Law Reform Committee published its report on 10 June 2025.

Read the report


Finance and Public Administration Committee


Stage 1 Debate and decision

A Stage 1 debate took place on 13 November 2025 to consider and decide on the general principles of the Bill.

  • Motion title: Scottish Parliament (Recall and Removal of Members) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Scottish Parliament (Recall and Removal of Members) Bill.
  • Submitted by: Graham Simpson
  • Date lodged: Wednesday, 05 November 2025
  • Motion reference: S6M-19565
  • Current status: Taken in the Chamber on Thursday, 13 November 2025

Result 81 for, 0 against, 35 abstained, 13 did not vote Agreed

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 13 November 2025

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. 

Financial Resolution

At Introduction, the Presiding Officer decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill. 

Parliament agreed a Financial Resolution at its meeting on 8 January 2026.

Read the minutes of proceedings (179KB, pdf) posted 08 January 2026

  • Motion title: Scottish Parliament (Recall and Removal of Members) Bill: Financial Resolution
  • Text of motion: That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Scottish Parliament (Recall and Removal of Members) Bill, agrees to any expenditure of a kind referred to in Rule 9.12.3A of the Parliament’s Standing Orders arising in consequence of the Act.
  • Submitted by: Shona Robison
  • Date lodged: Monday, 05 January 2026
  • Motion reference: S6M-20291
  • Current status: Taken in the Chamber on Thursday, 08 January 2026

See further details of the motion


Daily lists of amendments

MSPs can currently submit amendments ("changes") to the Bill. A daily list of amendments will be published each day that amendments are lodged or withdrawn by MSPs. Following the deadline for amendments, the Marshalled List and Groupings of Amendments will be published to replace the daily lists.

The deadline for MSPs to submit amendments is 12 noon on Friday 23 January.

Meeting on amendments

Documents with the amendments to be considered and debated at the meeting held on 29 January 2026.

Marshalled List of Amendments for Stage 2 will be published before the meeting.

Groupings of Amendments for Stage 2 will be published before the meeting.

Bill as amended at Stage 2

The Bill as amended will be published following Stage 2 proceedings.