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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 5 May 2021
  6. Current session: 12 May 2021 to 10 June 2025
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Displaying 3582 contributions

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Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 November 2022

Jackson Carlaw

I want to follow up on one point with Dr Neal. You referred—as did Nicola Murray in her evidence—to the fact that Scotland stands alone in this regard, and that there is a far higher level of protection in law, or at least an offence that can be pursued in law, elsewhere in the United Kingdom. What impact has that had on the way in which such matters are pursued or on their incidence elsewhere in the UK? Let us establish and agree that such matters sit apart and that there is a separate offence that can, therefore, be pursued in that way. What has been the impact of that legislation in those jurisdictions?

09:30  

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 November 2022

Jackson Carlaw

This is a general question, but would you say that that has led to a different kind of sentencing?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 November 2022

Jackson Carlaw

Thank you, Monica. You said that the report is 900 pages long—that is almost as big as the number of days on the waiting list. It occurred to me that Parliament will potentially have dissolved before some people are at the top of that waiting list. It is getting close to 2026 before people will be seen, which is an indication of the scale of the issue.

Before we close, does Karen McKeown want to say anything in conclusion?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 November 2022

Jackson Carlaw

Thank you. That has been helpful. We have covered quite a lot of ground, and we understand where you would like to see us move in relation to that. Monica, would you like to contribute?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 November 2022

Jackson Carlaw

Have charges led to successful convictions in Northern Ireland and England under the specific provisions of those acts?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 November 2022

Jackson Carlaw

Paul Sweeney, who is online, will ask a couple of questions.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 November 2022

Jackson Carlaw

I will let you respond in a moment, Dr Neal, but I should also say that a members’ bill is often the catalyst that leads to the Government adopting a proposal. It is difficult to quantify the success of members’ bill because, on quite a few occasions, the objective has been achieved because the bill has led to the Government understanding and adopting the issue rather than because the bill itself has passed into law.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 9 November 2022

Jackson Carlaw

Item 3 is consideration of new petitions. The first is PE1949, which was lodged by Alexander James Dickson. The petition calls on the Scottish Parliament to urge the Scottish Government to review the rules regarding dual mandate MSPs and to legislate to bring those rules in line with the Senedd and Stormont by preventing MSPs from holding a dual mandate in time for the next Scottish Parliament elections in 2026.

The petitioner has reminded us that, since the formation of the Scottish Parliament, MSPs have been allowed to take their place at Holyrood, while retaining a role or having a dual mandate in other local or national levels of Government. He notes that members of the Northern Ireland Assembly are not permitted to have a dual mandate and members of the Welsh Parliament have a grace period of eight days to resign if they also hold a seat as an MP. He also states that Welsh Parliament members who are peers would have to take a leave of absence from the House of Lords and that those who hold a role as a regional councillor can remain in post so long as the expected day of the next regional election is within 372 days.

As we do with all new petitions, the committee requested an initial view from the Scottish Government. In responding to the request, it stated:

“the Parliament is responsible for all matters relevant to its internal operation, including the terms for seeking its membership.”

Therefore, the issue is not a matter for the Scottish Government per se.

Are colleagues content for the committee to write to the Welsh Parliament and the Northern Ireland Assembly to inquire about the deliberative processes that led to the introduction of the legislation that prevents dual mandates in those legislatures, and to ask about any issues that they have encountered in the implementation of that legislation? Are members also content to write to the Electoral Reform Society to seek more information about the issues that have been raised by the petition?

Once we have considered those responses, we would be able to progress the petition to the relevant committee in the Scottish Parliament that is charged with responsibility for those issues, given that the Scottish Government has said that it is not.

As there are no other suggestions, are members content with that approach?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 November 2022

Jackson Carlaw

As a committee, we might be ready to agree that we will keep the petition open until, at the very least, we have a preferred route identified and some understanding of the timetable and financial underpinning of the recommended solution. Are members content to do that, and to follow up on Mr Stewart’s suggestion?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 November 2022

Jackson Carlaw

I thank the petitioner for raising the issue. I am only sorry that I do not know whether, ultimately, we got the satisfaction that he might have hoped to get. However, we have NatureScot’s assurances on record. Obviously, it is open to individuals who feel that the provisions are not being honoured to lodge another petition in future.