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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 21 November 2025
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Displaying 911 contributions

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Standards, Procedures and Public Appointments Committee

Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill: Stage 1

Meeting date: 3 March 2022

George Adam

I used to have a colleague called Jim Mitchell, who was a Scottish National Party councillor in Renfrewshire for 35 years, and he used to say that something like 3 per cent of the population actually become involved in politics and then we spend the rest of the time falling out and shouting at each other. He used to ask, “Why?”

Standards, Procedures and Public Appointments Committee

Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill: Stage 1

Meeting date: 3 March 2022

George Adam

Thank you, and good morning. I am grateful for the opportunity to discuss the bill. It seeks to ensure compliance with treaties that the United Kingdom Government has agreed to in relation to voting and candidacy rights in local government elections. Treaties have been agreed with Portugal, Luxembourg, Spain and Poland.

At present, all foreign nationals with any form of leave to remain in the United Kingdom can vote in Scottish local government elections, but candidacy rights are limited to people with indefinite leave to remain or pre-settled status. We anticipate that most European Union nationals who are currently resident in Scotland already have candidacy rights.

The bill is tightly focused on the treaties that I mentioned. Although our law on voting rights already complies with the treaties, the bill is needed to ensure compliance in relation to candidacy rights. It will do that by extending candidacy rights to any nationals of Portugal, Luxembourg, Spain and Poland who have a limited form of leave to remain in the United Kingdom.

Last autumn, the Government’s shared policy programme undertook to develop legislation on electoral reform to enable more people to stand as candidates in Scottish Parliament and local government elections. I have previously outlined to the committee my intention to consult later this year on a number of electoral reform proposals. I expect that consultation to consider issues surrounding a wider expansion of candidacy rights—for example, to all foreign nationals with limited leave to remain or to 16 and 17-year-olds.

I look forward to discussing the bill with the committee, and I am completely happy to answer any questions that members may have.

Standards, Procedures and Public Appointments Committee

Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill: Stage 1

Meeting date: 3 March 2022

George Adam

I might have misunderstood your question. I was saying that I will send you a copy of the letter, and I will do that timeously. Are you asking me about the issue that the deputy convener brought up?

Standards, Procedures and Public Appointments Committee

Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill: Stage 1

Meeting date: 3 March 2022

George Adam

Again, it is a question of balance. As we should remember with everything related to the bill, a limited number of people are involved. Iain Hockenhull can answer your question on the data.

Standards, Procedures and Public Appointments Committee

Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill: Stage 1

Meeting date: 3 March 2022

George Adam

As I will probably say in many of my answers, that would be a problem and situation for the UK Government to deal with. There are always concerns that there might be a situation in which someone does not have the right to put themselves forward as a candidate, but the important thing to remember is that, if the UK Government changes the treaty, the bill will give us the ability to use a statutory instrument to ensure that we can follow suit. There might be a chance of some people having difficulty in being a candidate in the future, but it will be only a small percentage. If we look at the number of people who put their names forward for elected office as a percentage of the general population and then at the number of people whom the bill will affect, we see that it is a small minority. I am not saying that it would not happen, but it is unlikely. It would be an extreme case.

Standards, Procedures and Public Appointments Committee

Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill: Stage 1

Meeting date: 3 March 2022

George Adam

It is concerning but, again, that is down to the UK Government and what an individual’s rights are and their place in the country at that stage. It is outwith my scope and is more to do with colleagues in the UK Government.

Standards, Procedures and Public Appointments Committee

Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill: Stage 1

Meeting date: 3 March 2022

George Adam

For example, someone might come into the country via Glasgow and then get a job in Aberdeen, say, or go to university elsewhere. Getting the data is kind of difficult, because we are talking about what happens in normal life.

Standards, Procedures and Public Appointments Committee

Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill: Stage 1

Meeting date: 3 March 2022

George Adam

No matter how keen I or other ministers might be for that to remain the case, it would be difficult for us to do that in the bill. After all, it is up to the UK Government to sign the treaties. It would be impossible for us to extend those rights to a country that the UK Government had decided not to have a treaty with any more.

Standards, Procedures and Public Appointments Committee

Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill: Stage 1

Meeting date: 3 March 2022

George Adam

My answers will be brief. Yes, and yes.

Standards, Procedures and Public Appointments Committee

Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill: Stage 1

Meeting date: 3 March 2022

George Adam

I hope that I have picked up Bob Doris’s question correctly. If the UK Government extended the list of countries, we would, as I have mentioned, have the opportunity through a statutory instrument to change the list and include any new treaties that had been signed.