The Bill proposes changes to who is allowed to vote and who can stand for election for Scottish Parliament and local council elections.
This is a Government bill
The Bill became an Act on 1 April 2020
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill proposes changes to who is allowed to vote and who can stand for election for Scottish Parliament and local council elections.
Currently, to vote you must:
If this Bill is passed, it will also allow anyone who has a legal right to live in Scotland to vote - for example, people who have been granted refugee status or the right to asylum.
It would allow prisoners serving sentences of 12 months or less to vote.
The Bill would allow all foreign nationals with permanent residency (indefinite leave to remain) to stand for election. Currently only British, Commonwealth and EU Citizens can stand as candidates.
The Scotland Act 2016 gave the Scottish Parliament further powers over elections, for example who can vote.
Using these powers, the Scottish Government is proposing to extend who has the right to vote and the right to stand in elections.
It wants people with a legal right to stay in the country to be able to vote and people with permanent residency (indefinite leave to remain) to be able to stand in elections.
It also wants to bring Scotland in line with human rights law for prisoner voting.
Scottish Elections (Franchise and Representation) Bill as Introduced (249KB, pdf) posted 06 August 2019
Explanatory Notes (119KB, pdf) posted 06 August 2019
Policy Memorandum (313KB, pdf) posted 06 August 2019
Financial Memorandum (187KB, pdf) posted 06 August 2019
Delegated Powers Memorandum (137KB, pdf) posted 06 August 2019
Statements on legislative competence (85KB, pdf) posted 06 August 2019
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.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Scottish Elections (Franchise and Representation) Bill SPICe briefing
The Bill was introduced on 20 June 2019
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 considers and reports on the Bill.
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.
The deadline for sharing your views on this Bill has passed.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 28 November 2019 to consider and decide on the general principles of the Bill.
Result 63 for, 18 against, 0 abstained, 48 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 1 on 28 November 2019
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.
Documents with the amendments considered at the meeting held on 16 January 2020:
First Marshalled List of Amendments for Stage 2 (284KB, pdf) posted 13 January 2020
Revised Groupings of Amendments for Stage 2 (192KB, pdf) posted 15 January 2020
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Revised Explanatory Notes (231KB, pdf) posted 14 February 2020
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 16 January 2020
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.
Documents with the amendments considered at the meeting on 20 February 2020:
First Marshalled List of Amendments for Stage 3 (208KB, pdf) posted 13 February 2020
First Groupings of Amendments for Stage 3 (240KB, pdf) posted 13 February 2020
Timed Groupings of Amendments for Stage 3 (287KB, pdf) posted 19 February 2020
Supplementary Marshalled List of Amendments for Stage 3 (130KB, pdf) posted 20 February 2020
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Under section 31(2A) of the Scotland Act 1998, the Presiding Officer decided that the Bill needed a super-majority to pass. This is because the Bill relates to a protected subject-matter. This is “the persons entitled to vote as electors at an election for membership of the Parliament”. A super-majority means that the number of members voting for a Bill must be at least two-thirds of the total number of seats for members of the Parliament (86 votes). The Bill passed, after reaching the required super-majority.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
See further details of the motion
The Bill ended Stage 3 on 20 February 2020
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts become law straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act become law on different dates.