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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 2 February 2026
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Displaying 2599 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill: Stage 2

Meeting date: 29 January 2026

Graham Simpson

As is set out in paragraph 43 of the delegated powers memorandum on the bill, it was my view that the power to make regulations as originally drafted in the bill would have permitted regulations to be made on campaign expenditure. However, I followed the stage 1 evidence on the issue, including the concerns that the bill made no reference to campaigning or expenditure.

I therefore support amendments 69 and 75. The amendments will put it beyond doubt that the powers to make regulations under section 21 include the power to make specific provision on campaigning matters in promotion of the outcome of a recall process, which includes expenditure incurred in relation to that campaigning.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill: Stage 2

Meeting date: 29 January 2026

Graham Simpson

I will just quickly say that I support amendment 76.

Amendment 76 agreed to.

Section 21, as amended, agreed to.

After section 21

Amendment 77 moved—[Graeme Dey]—and agreed to.

Section 22 agreed to.

Section 23—Meaning of expressions relevant to the criminal-offence ground

Amendment 78 moved—[Graham Simpson]—and agreed to.

Amendment 121 not moved.

Section 23, as amended, agreed to.

Section 24—General interpretative rules

Amendment 122 not moved.

Amendments 79 to 83 moved—[Graham Simpson]—and agreed to.

Section 24, as amended, agreed to.

Section 25—Removal if imprisoned or detained for period from 6 months to one year

Amendments 98 to 100, 123 and 101 not moved.

Amendment 84 moved—[Mark Griffin].

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill: Stage 2

Meeting date: 29 January 2026

Graham Simpson

I thank Alex Cole-Hamilton for giving me some of his time yesterday to discuss the issue. As he mentioned, I raised the issue of staff, and I think that that got him thinking. He is really on to something—he has raised a really important issue that should be tackled. I am pleased to hear that the Government will consult on this and on other matters.

I do not think—and I think that Alex Cole-Hamilton accepts this—that we can deal with the issue in any great detail in the bill, but I look forward to seeing something at stage 3. I therefore urge him not to press his amendment.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill: Stage 2

Meeting date: 29 January 2026

Graham Simpson

No. Mine is a one-step process, which I will go on to explain. It is much simpler than the original proposal, which had two stages and which was complicated, difficult to understand and expensive. The new proposal is one step, which I will explain as we go on. As I said, it mirrors what the Senedd, or Welsh Government, bill is doing. That reflects the committee’s concerns.

The MSP would be replaced. The seat would remain vacant if there was no one left on the list or if the individual was elected as an independent.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill: Stage 2

Meeting date: 29 January 2026

Graham Simpson

Yes. We would move away from the two-step process. The new model would begin in the same way as was originally envisaged, with one of the recall conditions being met. The Presiding Officer would then issue a recall poll initiating notice so that arrangements could be made for a regional recall poll.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill: Stage 2

Meeting date: 29 January 2026

Graham Simpson

That is true.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill: Stage 2

Meeting date: 29 January 2026

Graham Simpson

Yes.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill: Stage 2

Meeting date: 29 January 2026

Graham Simpson

Through this suite of amendments, I am trying to simplify the regional element, which was a big sticking point for the committee—and rightly so. The purpose of these amendments is to address that point, and that is what I have endeavoured to do. The fact that we have the electoral system that we have makes all of this tricky, but we have to come up with something. It is never going to be perfect, but that is why I have gone down this route.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill: Stage 2

Meeting date: 29 January 2026

Graham Simpson

The Scottish Government’s position suggests that various parts of the poll process could be added to the bill, but the bill would immediately need to qualify those by stating that they are subject to conditions and constraints in regulations. A similar approach, which I have taken, is to state that the process will be set out in regulations while stating—as I have done in the bill—that there are key features of the process that the regulations must specify.

I am open to including more detail in the bill at stage 3 if members—particularly the minister—will specify what those details should be. I suggest that amendment 65 be agreed to, on the understanding that further changes to the section will be made at stage 3. Given the minister’s general support for the bill, I would welcome an agreement at this stage to work with me on wording for amendment 65 that the Government would be satisfied with and that it would support at stage 3. We need to reach general agreement on the bill.

The minister can intervene if he wants to, but, if he does not wish to do so, we can have a chat after the meeting. However, given the Government’s commitment at stage 1 to support the general principles of the proposed recall process, it would help to inform parliamentarians if we had an assurance before stage 3 that the Government is content with the drafting and the policy that would lie behind such drafting.

If amendments 64 to 66 are not agreed to at stage 2, I am concerned that parliamentarians will come to the amended bill at stage 3 with a key element of the process missing. That could lead to confusion, whereas I hope that the focus at stage 3 will be on finalising the details of the bill.

I can ramble on for a bit, to allow the minister to intervene.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill: Stage 2

Meeting date: 29 January 2026

Graham Simpson

I agree with every word that the minister has said. We cannot remove someone from being an MSP when they are not guilty or when they have not been convicted of something. That would be the effect of these amendments. I will leave it there, convener. I agree with the minister.