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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 14 January 2026
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Displaying 2089 contributions

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Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

So, you are seeking the authority through the SSI to amend or redefine the statement in the 1998 act that there needs to be “provision for the payment”?

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

Sorry, I realise that it will not change the mechanism. What I am concerned about is the ambiguity in wording. One provision places a duty to pay and the other is, in effect, placing a duty not to pay, by deduction.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

So, the Scottish Government is confident that the authority to make provision for payments will prevent an accusation against the corporate body that it is failing to meet the 1998 act because it is not making such provision.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

Did you consider the challenge that, although ennoblement occurs when it occurs in the House of Lords, the individual will be aware that ennoblement is coming, and, funnily enough, they actually have a huge amount of control over when it happens? Did that form any part of your concerns or, to go back to the policy behind the measure, are you satisfied that it is existing members of the House of Lords that you are talking about when it comes to dual mandates, rather than someone who is anticipating becoming a member?

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

That is very helpful. It goes back to the policy decision that being an MSP is a full-time job and the public expectation is that the member has a full-time commitment to it and nothing else to detract from it. That underlies the practical decisions that are having to be taken in the SSIs.

Thank you for your patience, Graham.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

Excellent. Thank you.

Our next agenda items are the debates on the three pieces of subordinate legislation that are before us. The first is on motion S6M-18743.

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 Parliament (Disqualification of Members of the House of Commons) Regulations 2025 be approved.—[Graeme Dey]

Motion agreed to.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

The next item is a discussion of motion S6M-18744. I invite the minister to move the motion.

Motion moved,

That the Standards, Procedures and Public Appointments Committee recommends that the Scottish Parliament (Disqualification of Members of the House of Lords) Regulations 2025 be approved.—[Graeme Dey]

Motion agreed to.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

The next item is a debate on motion S6M-18745. I invite the minister to move the motion.

Motion moved,

That the Standards, Procedures and Public Appointments Committee recommends that the Scottish Parliament (Disqualification of Councillors) Regulations 2025 be approved.—[Graeme Dey]

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

Again, for the purpose of clarification, given that the Scottish Parliament rightly and understandably has no control over the salaries of members of Parliament, it was decided to take the same approach with the three statutory instruments, which relate to two elected roles and one unelected role, because it is easier and more pragmatic to make the deduction from the MSP salary. Control over that can be provided, and the practicalities of implementing that can then be dealt with. Is that right?

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 2 October 2025

Martin Whitfield

The one outstanding period of time relates to councillors. The longer exception in that regard is a response to an understandable concern about multiple by-elections occurring following a Holyrood election. However, 372 days is a considerable period of overlap. Did that form any part in the consideration of whether there should be a dual salary for a period? If not quite two full-time jobs, there is one plus an almost full-time job to take account of, so someone is effectively being required to hold down two jobs, but with a penalty to their salary. Was that part of the consideration in either coming up with the 372 days or just saying that the burden of multiple by-elections outweighs the benefit of looking at anything less than that?