The Scottish Parliamentary Standards (Sexual Harassment and Complaints Process) Bill was introduced on 13 November 2020 by Bill Kidd on behalf of the Standards, Procedures and Public Appointments Committee.

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.

As set out in the Financial Memorandum, the Bill extends the remit of the Commissioner for Ethical Standards in Public Life in Scotland (the Commissioner) to include complaints against an MSP alleging sexual harassment of a member of that MSP’s staff occurring prior to 7 January 2020.

The Financial Memorandum explains that additional costs attributable to the Bill will result predominantly from any new complaints which are made to the Commissioner alleging sexual harassment by an MSP of a member of their own staff, where the alleged harassment took place prior to a revision of the Code of Conduct for MSPs made on 7 January 2020.

It is anticipated that the costs on the Scottish Parliament associated with additional work for MSPs and Parliament staff will be absorbed within the Parliament’s normal running costs. The additional cost on the Commissioner for Ethical Standards in Public Life in Scotland have been estimated in the table below.

The Finance and Constitution Committee issued a call for views on the Financial Memorandum which closed on 14 December 2020. The Committee received no responses to this call for views.

At Stage 1, a Committee Bill is not referred to a lead committee for a report on its general principles. The Finance and Constitution Committee will consider and report on the Financial Memorandum and the DPLR Committee must report on any provisions conferring power to make subordinate legislation, or conferring power on the Scottish Ministers to issue any directions, guidance or code of practice.