Chamber and committees

The Scottish Elections (Representation and Reform) Bill was passed unanimously on 17 December 2024 by the Scottish Parliament. It places a duty on Scottish Ministers to bring forward regulations which:

• must have the effect of prohibiting Members of the Scottish Parliament (MSPs) from holding dual mandates in the House of Commons or the House of Lords.
• may make provision prohibiting MSPs from holding dual mandates as Councillors.
  

The Scottish Government conducted a public consultation between 20 January 2025 and 23 March 2025, seeking views on the principles and practical issues of ending dual mandates. The consultation received 77 responses, including 68 from individuals and nine from organisations.

I am pleased to confirm that the consultation analysis report and consultation responses have today been published and are available at https://www.gov.scot/isbn/9781836918127 and https://consult.gov.scot/communications-and-ministerial-support/dual-mandates-in-the-scottish-parliament.

The responses are now being used to inform Regulations. My intention is to lay regulations in autumn 2025 to ensure the practice of dual mandates for MSPs who are also MPs or Peers can be ended in time for the next scheduled Scottish Parliament election in May 2026, should Parliament agree to approve the regulations.

The Scottish Government announced on 17 December 2024, that the use of WhatsApp and similar mobile messaging applications in Scottish Government would end.

I am pleased to confirm the new Policy and Guidance on Mobile Messaging Applications will be introduced as of 20 June 2025.

The Policy and Guidance now reflects that the use of Mobile Messaging Applications such as WhatsApp is not permitted.

The guidance sets out the approved corporate channels of communication and the scenarios that they are to be used in. The guidance also sets out the responsibilities and actions to be taken in exceptional circumstances when corporate devices and services become unavailable.

A time bound and limited transition period until the end of 2025 has been requested to allow a small number of agencies and parts of the organisation to continue to use mobile messaging. These areas currently have no practical alternative that can be used immediately to provide communication in existing or emergent circumstances such as:

• For the purpose of multi-agency communication to work with others effectively in situations like responding to wildfires
• For communicating with media in the transfer of high-quality large audio or video files
• For overseas operational tasks with local contacts and stakeholders who use mobile messaging as standard or where connectivity may be impacted
• Matters of overseas staff safety and security.

The number of staff identified to have a transition phase has been carefully scrutinised. The agencies are as follows: Forestry and Land Scotland, Science Advice for Scottish Agriculture, Animal and Plant Health Agency, Food Standards Scotland. In Scottish Government, the areas are Rural Payments and Inspection Directorate, Communication staff (News staff only) for communications purposes, Culture and External Affairs Directorate, EU Directorate and the Directorate of International Trade and Investment.

Special Advisers are appointed in accordance with Part 1 of the Constitutional Reform and Governance Act 2010 by the First Minister as a Special Adviser for the purpose of providing assistance to the Scottish Ministers.

Due to the appointment of a new First Minister in May 2024, there were a number of departures, re-appointments and new appointments to the Special Adviser team during 2024-25. This is reflected in the numbers presented in the two following tables which show the configuration of the Special Adviser team before and after 7 May 2024. The maximum number of Special Advisers in post at any one time was 19.

The total cost of Special Advisers employed during the financial year 2024-25 was £1,745,042 which is a reduction from the 2023-24 total cost of £1,906,963.

Total cost includes all salary costs, employer NI, and employer pension contributions. The level of employer NI, and civil service pension contribution is reserved and is not a matter for the Scottish Government.

The cost of Special Advisers during 2024-25 was based on the following Pay Bands and Pay Ranges:

Breakdown of Special Advisers in post prior to 7 May 2024:

The Scottish Government continues to make progress in delivering its legislative programme in this parliamentary session with 38 Government Bills already passed since 2021. I have set out below the 14 Government Bills which parliament is currently scrutinising and we will set out the Bills which will be included in our Year 5 programme as part of the next Programme for Government. There are two Scottish Government Bills from the Year 4 programme which will be introduced before summer recess which are the Building Safety Levy Bill and the Crofting and Scottish Land Court Bill.

In addition, the Government remains committed to taking action in a number of policy areas but will not be in a position to bring forward three Bills in this parliamentary session. The reasons for that are set out below.

The Scottish Government consulted between July and October 2024 on proposed changes to the Adults with Incapacity (Scotland) Act 2000, with more than 160 responses received. During that engagement, risks relating to European Convention on Human Rights non-compliance in relation to deprivation of liberty cases emerged. As a result, there is the need for a more detailed approach to be developed to ensure we can bring forward a solution consistent with ECHR legislation.

We will therefore establish an Adults with Incapacity Expert Working Group to work with government on the additional policy and operational development required. The Minister for Social Care, Mental Wellbeing and Sport will also chair an Adults with Incapacity Ministerial Oversight Group to ensure that pace and progress is maintained, with a view to bringing forward a future Bill early in the next parliamentary term. I expect invites for both groups to be issued in June 2025, with initial meetings to take place in September 2025.

The Scottish Government is committed to ensuring people are protected from misogynistic abuse and we had previously committed to the introduction of a Misogyny Bill. This is a complex area of policy and law, and it would be necessary that any Bill which brought misogyny into criminal law contained clear and unambiguous provisions in regard to the circumstances in which they apply. This would include the implications of the recent Supreme Court Judgment. Given the short time left in this parliamentary session, there is insufficient time for a Bill to be finalised and introduced in this session, therefore the Scottish Government has decided not to proceed with this Bill in this parliamentary session.

To ensure there are protections for women and girls in law, we will therefore lay an SSI by September to add the protected characteristic of sex to the Hate Crime and Public Order (Scotland) Act 2021 so that they have the same protections as other groups protected by that Act. This SSI is subject to super affirmative process and will therefore be subject to consultation.

We recognise the gendered nature of the harm caused to women and girls and will also take forward further work and engagement on the harms caused by misogyny including what more could be done to tackle the underlying attitudes that lead to misogyny and gender based abuse.

The Scottish Government is committed to ending conversion practices. We will continue to develop our draft legislation and policy towards ending these harmful practices in Scotland. Engagement will continue with the UK government for a Bill covering England, Wales and Scotland. However, if this approach cannot be agreed, then we commit to publishing our own Bill in Year 1 of the next Parliamentary session.

Scottish Government Bills currently in Parliament

• Care Reform
• Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty)
• Community Wealth Building
• Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews
• Education
• Housing
• Land Reform
• Leases (Automatic Continuation etc.)
• Natural Environment
• Regulation of Legal Services
• Scottish Languages
• Tertiary Education and Training (Funding and Governance)
• UEFA European Championship
• Victims, Witnesses, and Justice Reform

Scottish Government Bills passed this session

• Aggregates Tax and Devolved Taxes Administration
• Agricultural and Rural Communities
• Bail and Release from Custody
• Bankruptcy and Diligence
• Budget
• Budget (No.2)
• Budget (No.3)
• Budget (No.4)
• Carer’s Allowance Supplement
• Charities (Regulation and Administration)
• Children (Care and Justice)
• Circular Economy
• Climate Change (Emissions Reduction Targets)
• Coronavirus (Discretionary Compensation for Self-isolation)
• Coronavirus (Extension and Expiry)
• Coronavirus (Recovery and Reform)
• Cost of Living (Tenant Protection)
• Fireworks and Pyrotechnic Articles
• Gender Recognition Reform
• Gender Representation on Public Boards (Amendment)
• Good Food Nation
• Housing (Cladding Remediation)
• Hunting with Dogs
• Judicial Factors
• Miners' Strike (Pardons)
• Moveable Transactions
• Non-Domestic Rates (Coronavirus)
• Patient Safety Commissioner for Scotland
• Police (Ethics, Conduct and Scrutiny)
• Post Office (Horizon System) Offences
• Prisoners (Early Release)
• Scottish Elections (Representation and Reform)
• Scottish Local Government Elections (Candidacy Rights of Foreign Nationals)
• Social Security (Amendment)
• Transvaginal Mesh Removal Cost Reimbursement
• Trusts and Succession
• Visitor Levy
• Wildlife Management and Muirburn

Since 1 April 2009, Scottish Ministers have declined to accept their full salary entitlement, freezing it at 2008-09 levels.

Between the start of the pay freeze on 1 April 2009 and 31 March 2025, this has resulted Scottish Ministers making over £2.2 million available for public spending from their own pay packets.

The freeze of the Ministerial element of pay at 2008-09 levels will remain in place for 2025-26, recognising the wider economic and fiscal pressures as well as the restraints placed on public sector pay.

The Ministerial element of pay will therefore remain at 2008-09 levels as shown in the following table: