Official Report 798KB pdf
Statutory Guidance on Imprints for Non-party Campaigners at Scottish Parliamentary Elections and Council Elections in Scotland (SG 2025/215) [Draft]
Our next item is consideration of draft statutory guidance, which is subject to the negative procedure and has been referred to the committee for scrutiny on policy grounds. We considered this document at our last meeting, when Emma Roddick indicated that she intended to lodge a motion that the document not be approved. Before we move to the formal consideration of the motion, this agenda item provides the opportunity for members to make further comments before we move to the formal proceedings.
Good morning. As you know, I was disappointed and frustrated not to have more of an opportunity to feed into the process without the need to lodge such a motion. The committee would have welcomed the chance to comment further in advance and to work something out in a more collegiate way, because there are problems with the guidance. If we expect people to comply with electoral law, the guidance on how to do that must be sound. In particular, we need to keep in mind that this is guidance for non-party campaigners, and, although candidates and agents are rightly expected to be well across their legal duties, non-party campaigners need to be as clear as possible about how they can best do that.
I am grateful to the Electoral Commission for meeting me earlier this week to discuss some of the finer points, and I am reassured that there are plans to improve the non-statutory guidance, but I still feel that the statutory guidance is, in places, quite difficult to understand. Some of the logic is a bit circular, so it is worth having further conversation about how we approach these issues in the future.
I am grateful for that contribution. The minister is not giving evidence on the guidance, but, if he wishes to comment on it, I am content for him to do so. However, first, Emma, you eloquently put on the record the challenges with the guidance, and I wonder whether, irrespective of the outcome in relation to the formal procedure, the committee would be content to write to the Government and the minister to express our concerns and to seek an opportunity to ensure that this does not occur again. Is the committee content to do that?
Members indicated agreement.
Minister, I realise that you are not giving evidence in respect of this document, but I am more than happy for you to put comments on the record.
I will simply say that I will meet the Electoral Commission in due course, and I am more than happy to raise directly with it any concerns that the committee provides to me in writing.
In the context of elections, it is important that the guidance that is provided to everyone who participates in the process is clear and easy to understand. I will also reflect with the Electoral Commission on its approach to ensuring that the Parliament is fully engaged, where appropriate, and that that approach is borne in mind even when it is not immediately necessary. I can give you that undertaking if you write to me.
I am grateful for that, minister, and for your offer to act as a conduit.
We now move to the formal procedure, which is a debate on motion S6M-19488. As members will be aware, only the minister and members can speak during the debate. I invite Emma Roddick to move the motion.
Motion moved,
That the Standards, Procedures and Public Appointments Committee recommends that the Draft statutory guidance on imprints for non-party campaigners at Scottish Parliamentary elections and council elections in Scotland (SG/2025/215) should not be approved.—[Emma Roddick]
Does any member wish to contribute to the debate?
Minister, do you wish to add anything?
I ask members not to support the motion to annul, given the work that has been going on behind the scenes between the committee and the Electoral Commission and the commitment that I have provided today to act on the committee’s concerns.
As no one wishes to add anything, the question is, that motion S6M-19488 be agreed to. Are we agreed?
Members: No.
There will be a division.
Against
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Wells, Annie (Glasgow) (Con)
Whitfield, Martin (South Scotland) (Lab)
Abstentions
Roddick, Emma (Highlands and Islands) (SNP)
Webber, Sue (Lothian) (Con)
The result of the division is: For 0, Against 3, Abstentions 2.
Motion disagreed to.
The clerks will now prepare a short report on our consideration of the document. Are members content to delegate to me the responsibility for finalising the terms of our report for filing?
Members indicated agreement.