Standards, Procedures and Public Appointments Committee, 11 Dec 2007

Meeting date: Tuesday, December 11, 2007

Official Report 131KB pdf

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Scottish Parliamentary Corporate Body

Item 2 is on the elections to the Scottish Parliamentary Corporate Body. It relates to a possible change to rule 3.7 of the standing orders to provide for a longer period for elections to the SCPB following a general election in order to avoid difficulties when the elections might precede the election of the First Minister. The experience following previous general elections demonstrated that the current timeframe for SPCB elections—10 sitting days following the general election—can be problematic when there is a delay in the formation of a Government because a period of up to 28 days is allowed for the nomination of a First Minister. That could have resulted in the SPCB election preceding the election of the First Minister, which could have caused parties difficulties in establishing their ministerial and shadow ministerial teams.

Although the situation was addressed, in the past, by closing the office of the clerk in order to ensure that the 10-sitting-day period continued beyond the nomination of a First Minister, the committee felt that it might be possible for a simple rule change to address the issue and written evidence was sought on the practical implications of such a change. Three responses to the committee's request for written evidence have been received, and those are attached to the paper that has been circulated to committee members. The responses indicate general support for the introduction of measures to allow greater flexibility in the timing of the SPCB elections.

Before we agree what we will do, do members have any questions on the paper?

I ask for some clarification. Is a calendar day one of any seven days, rather than another sort of day, or does it take public holidays and things into consideration?

I think that calendar days follow regardless of what the day is, but I will check that with the clerk.

That is right, as I understand it.

And the First Minister must be elected within 28 calendar days of an election. Is there any reason why calendar days are used for that rule but working days are used for SPCB elections? That seems rather odd.

It is unlikely that there is any particular reason for that. It is just that some statutes cite calendar days and some cite working days, which they then give a definition of. The draftsman might use either, depending on the drafting convention.

Would 20 working days be enough to cover the 28-calendar-day rule?

Yes—a period of 20 sitting days is longer than a period of 28 calendar days. The issue becomes complicated in election law, in which the term "dies non" or "non days"—in other words, days that are not counted—is used. Such matters are quite arcane.

I just think that it is rather odd that calendar days have been used for one election and working days have been used for another. I wondered whether there was a reason for that.

None that we can gather.

At this stage, are members happy to agree to recommend extending the timescale for SPCB elections? In addition, do you agree to consider a draft report on the recommendation at the committee's next meeting?

Members indicated agreement.

Can I just clarify that a period of 20 working days has been agreed to?

Yes, as recommended in the paper, we have agreed to extend the relevant period to 20 working days.

Twenty sitting days.

Are sitting days just Wednesdays and Thursdays?

No—Mondays to Fridays, but not bank holidays.

Those are sitting days?

Those are not sitting days.

Under standing orders, the Parliament could sit on any day from Monday to Friday, if it chose to do so. The period of 20 sitting days will comprise Mondays to Fridays, unless there is a Monday or a Friday holiday, because holidays are excluded.

The important point is that 20 sitting days—the period that we have agreed to recommend—will stretch beyond 28 calendar days.