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Scottish Elections (Representation and Reform) Act 2025 (Consequential Provision) Regulations 2026 [Draft]
09:00
Our next agenda item is consideration of the Scottish Elections (Representation and Reform) Act 2025 (Consequential Provision) Regulations 2026, which are subject to the affirmative procedure.
We have an opportunity to take evidence from the minister before we consider whether to recommend to the Parliament that the Scottish statutory instrument be approved.
I welcome to the meeting Graeme Dey, Minister for Parliamentary Business and Veterans, who is joined today by Scottish Government officials Andrew Proudfoot, who is the Parliament team leader, Parliament and legislation unit, and Rebecca Reid, who is a solicitor. Good morning.
I invite the minister to make a short opening statement.
I thank the committee for inviting me to give evidence on these regs.
The SSI seeks to resolve a disconnect between the rules affecting dual mandate MSPs’ salaries and their pensions, as governed by the Scottish Parliamentary Pensions Act 2009 and the Scotland Act 1998. This stemmed from the dual mandate regulations that I brought forward, which were considered by this committee last year.
This area could be described as one where responsibility is shared between Government and Parliament. Although the Government brought forward the dual mandate regulations, the Parliament has responsibility for the 2009 act and the rules of the MSP pension scheme. It is clear that the impact of the dual mandate regulations that the Government brought forward last year left those two pieces of legislation out of step with each other. When oversights are identified, it is important that appropriate action is taken, which is what the Government has done.
The issues with the original regulations were highlighted by the Scottish parliamentary pension scheme trustees. I understand that the disconnect, if it is not resolved, could impact annual pension figures and periods of reckonable service of any dual mandate MSP/MPs or MSP/councillors if elected following the upcoming Scottish Parliament election.
Following input that we have had from the parliamentary authorities and the Scottish Parliamentary Corporate Body, I am confident that this correcting instrument will ensure that those minor and technical cross-referencing issues are addressed prior to the dual mandate regulations taking effect at midnight on 7 May. I am grateful to the Parliament for its co-operation in working to resolve the issues.
I have one question, by way of clarification. If I understand it correctly, three parties are involved: the trustees of the pension, who initially identified a potential problem; the Parliament, which is represented by the corporate body, and which takes responsibility for the payments; and the Scottish Government, which has brought forward this legislation. The committee therefore needs to know that a number of people are satisfied that the proposals will resolve a problem, which seems to have been missed until slightly late in the day.
We have received correspondence from the chief executive confirming that the corporate body is satisfied. Obviously, we also understand that the Scottish Government is satisfied. Are you able to confirm, minister, that the pension trustees are also satisfied with the proposal—or is it the case that, now that the issues have been identified and will be put right, their processes can go ahead under the changed rules after 7 May without any difficulty?
:I think that the convener’s latter point is the most accurate one.
I also want to apologise—on our part—that we find ourselves in this situation. That is for the Government and the Parliament to reflect on in relation to consultation on something of this nature. We clearly asked whether there was anything that we needed to know about, which would be captured by the work that we were taking forward, and the answer was no. How much depth we go into in relation to such things is for all of us to reflect on. It is about trying to ensure that we do not take up committee time in this way by having to fix problems that are identified further down the line.
Thank you for your response with regard to my question about the pension trustees.
The committee acknowledges the position that we are in. As is always the case, it would have been useful to have spotted the problem before it became a problem. Lessons can be learned from that.
I have no further questions, and committee members also have no further questions. I am therefore content to turn to agenda item 3 and the debate on motion S6M-20792. As members will be aware, only the minister and members can speak during any debate on the motion.
I invite the minister to move the motion.
Motion moved,
That the Standards, Procedures and Public Appointments Committee recommends that the Scottish Elections (Representation and Reform) Act 2025 (Consequential Provision) Regulations 2026 be approved. —[Graeme Dey].
Motion agreed to.
09:05
Meeting suspended.
09:08
On resuming—