The Scottish Parliament (Disqualification) Order 2020 [draft] was laid before the Scottish Parliament on 10 August 2020 and referred to the Standards, Procedures and Public Appointments Committee (SPPA Committee).
The draft Order specifies the office holders who are disqualified from being a member of the Scottish Parliament. Part 1 of the schedule specifies the office-holders who are disqualified from being a member of the Parliament. Part 2 of the schedule specifies the office-holders who are disqualified from being a member of the Parliament but only for particular constituencies or regions. The Order revokes and replaces the Scottish Parliament (Disqualification) Order 2015.
The existing 2015 Order has been updated to reflect appointments which meet certain policy criteria, including those that have been abolished, renamed or created since the making of the 2015 Order.
The Order will ensure that relevant stakeholders - notably the Electoral Commission, Returning Officers and potential candidates – can access a list of all office-holders that are disqualified by the Order.
The Policy Note states that the Order ensures that MSPs “are able to carry out their duties and responsibilities free from potential conflicts of interest, or accusations of partiality or personal gain, arising as a result of obligations incurred by reason of simultaneously holding public office outwith the Scottish Parliament.” There are four policy criteria for including office-holders in the Order:
Offices for profit in the gift of the Crown or Ministers. This includes salaried, pensionable and certain fee-paid posts, but excludes posts attracting expenses alone. To prevent trivial disqualification, offices where the remuneration is less than £10,000 per year are not normally disqualified.
Certain positions of control in companies in receipt of Government grants and funds, to which Ministers usually, though not necessarily, make appointments (for example, chairman or director).
Offices imposing duties which with regard to time and place would prevent their holders from fulfilling Parliamentary duties satisfactorily, i.e. they would take up too much time or otherwise prevent an MSP from attending Parliament.
Offices whose holders are required to be, or to be seen to be, politically impartial.
The Delegated Powers and Law Reform Committee (DPLRC) considered the draft Order on 18 August 2020. The DPLRC’s report indicates that it had no points to raise on the instrument.
Motion S5M-22418 was lodged by Graeme Dey, Minister for Parliamentary Business and Veterans, and supported by Michael Russell, Cabinet Secretary for Government Business and Constitutional Relations.
At the SPPA Committee’s thirteenth meeting on 27 August 2020, it took evidence on the the Scottish Parliament (Disqualification) Order 2020 [draft] from—
Graeme Dey, Minister for Parliamentary Business and Veterans;
Jamie Bowman, Scottish Government Legal Directorate, Al Gibson, Policy Adviser, Parliament and Legislation Unit, and Kenneth Pentland, Senior Policy Officer, Elections Team, Scottish Government.
Following the evidence session, Graeme Dey moved Motion S5M-22418 that the Standards, Procedures and Public Appointments Committee recommends that the Scottish Parliament (Disqualification) Order 2020 [draft] be approved.
The motion was agreed to without division.
The evidence taken and the debate can be found in the Official Report for the SPPA Committee meeting of 27 August 2020.
The Standards, Procedures and Public Appointments Committee recommends that the Scottish Parliament (Disqualification) Order 2020 [draft] be approved.
13th Meeting 2020 (Session 5), Thursday 27 August 2020
Subordinate legislation: The Committee took evidence on the Scottish Parliament (Disqualification) Order 2020 [draft] and on the Representation of the People (Electoral Registers Publication Date) (Coronavirus) (Scotland) Regulations 2020 [draft] from—
Graeme Dey, Minister for Parliamentary Business and Veterans;
Jamie Bowman, Scottish Government Legal Directorate, Al Gibson, Policy Adviser, Parliament and Legislation Unit, and Kenneth Pentland, Senior Policy Officer, Elections Team, Scottish Government.
Subordinate legislation: Graeme Dey moved—S5M-22418—That the Standards, Procedures and Public Appointments Committee recommends that the Scottish Parliament (Disqualification) Order 2020 [draft] be approved.
The motion was agreed to.