Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)

Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

Question reference: S6W-43149

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Friday, 16 January 2026
Current Status: Answered by Shona Robison on 29 January 2026

To ask the Scottish Government what its position is on whether national guidance is required regarding the position of councillors who are subject to criminal proceedings holding ceremonial or civic positions.

The Scottish Government recognises that councillors are elected representatives and that local authorities are independent, statutory bodies with their own powers and responsibilities, separate from the Scottish Government.

In line with the Verity House Agreement, the Scottish Government has committed to respecting local government’s democratic mandate and autonomy. Decisions about whether a councillor should hold or continue to hold ceremonial or civic roles, including in circumstances where they are subject to criminal proceedings, are therefore matters for individual councils to determine.

As stated in answer to S6W-43148 on 29 January 2026 the Scottish Government is considering consulting on amending legislation to mean councillors that are subject to criminal proceedings should be suspended from office or subject to temporary restrictions during the period in which any charges are being investigated or prosecuted. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

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Question reference: S6W-43149

Answer