Meeting of the Parliament

Meeting date: Wednesday, September 29, 2010

Official Report 715KB pdf

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Scottish Parliament (Disqualification) Order 2010 (Draft)

The next item of business is consideration of motion S3M-6987, in the name of Bruce Crawford, on the draft Scottish Parliament (Disqualification) Order 2010. I call Bruce Crawford to speak to and move the motion. Three and a half minutes will be fine, Mr Crawford.

16:55

It falls to me to inform members of the draft Scottish Parliament (Disqualification) Order 2010. As members might recall, the purpose of disqualification orders is to list the office-holders who are disqualified from membership of the Parliament. This draft order seeks to update the list in advance of next year’s Scottish Parliament election. It is being brought to the chamber much earlier than in previous sessions because of the need to meet the terms of the Gould report, which, of course, recommended that all changes in the law governing the conduct of elections must come into force at least six months before the date of those elections.

We should note the unusual nature of this item of business, as it relates to a wholly reserved matter that the Scotland Act 1998 nevertheless requires to be considered and approved solely by this chamber. The draft order is not subject to procedure at Westminster but is required to be considered formally by the Privy Council, which will make the order.

As members might be aware, the 1998 act sets out the circumstances in which a person is disqualified from becoming a member of this Parliament. Certain categories of people—probably not enough, as far as others out there are concerned—including judges, civil servants and members of the armed forces are automatically disqualified. In addition, section 15 of the 1998 act provides an order-making power to disqualify specific office-holders from membership of the Scottish Parliament. The last order made under that power came into force in advance of the 2007 election. The purpose of this order is essentially to update the 2007 order to ensure that it contains all office-holders who satisfy the relevant criteria for disqualification. In particular, it takes account of new offices that have been established since 2007 and removes offices that have been abolished.

On 9 September, I wrote to the Presiding Officer, the chairman of the Electoral Commission and the leaders of the main political parties at Holyrood to draw their attention to the Government’s laying of the draft order and, in particular, its effect and scope. In those letters, I made it clear that the promotion of the draft order did not represent any wish to change the criteria against which office-holders are assessed in terms of disqualification from membership of the Scottish Parliament. In short, the same criteria apply as applied previously.

Perhaps I should say a little more about those criteria.

Members: Yes!

I am glad that there is such demand in the chamber to hear more about this order. The updated list is prepared by the Scotland Office on the basis of returns from United Kingdom Government departments and the devolved Administrations identifying office-holders who appear to meet the relevant policy criteria.

Read the list!

If the Presiding Officer wishes me to read the list, I will read the list.

You can do what you like, minister, as long as you speak for another minute.

Clearly, with regard to the process, there is scope for anomalies or ambiguities to arise. However, in conclusion, Presiding Officer—

Members: More! More!

The draft Scottish Parliament (Disqualification) Order 2010 has been made in the interests of good housekeeping, and I hope that colleagues will join me today in approving it, with a view to it coming into force well in advance of the Scottish Parliament election on 6 May next year. I am sure that the man who produced the Gould report will be delighted that, as a result of some of the complications that arose from the last Scottish Parliament election, we are introducing the disqualification order earlier in the process than has been the case in the past. We all know what that report recommended, so I am delighted to commend this draft order to members.

I move,

That the Parliament agrees that the Scottish Parliament (Disqualification) Order 2010 be approved.