SP Paper 855 (Web)
Contents
Report
Introduction
Purpose of the bill
Views on the bill
Future elections
Policy Memorandum and Financial Memorandum
Conclusion
Annexe A: Extract from minutes and associated written evidence
Annexe B: Other written evidence
Remit and membership
Remit:
1. The remit of the Standards, Procedures and Public Appointments Committee is to consider and report on—
(a) the practice and procedures of the Parliament in relation to its business;
(b) whether a member’s conduct is in accordance with these Rules and any Code of Conduct for members, matters relating to members’ interests, and any other matters relating to the conduct of members in carrying out their Parliamentary duties;
(c) the adoption, amendment and application of any Code of Conduct for members; and
(d) matters relating to public appointments in Scotland.
2. Where the Committee considers it appropriate, it may by motion recommend that a member's rights and privileges be withdrawn to such extent and for such period as are specified in the motion.
(Standing Orders of the Scottish Parliament, Rule 6.4)
Membership:
Stewart Stevenson (Convener)
Mary Fee (Deputy Convener)
Cameron Buchanan
Patricia Ferguson
Fiona MacLeod
Gil Paterson
Dave Thompson
Stage 1 Report on the Scottish Elections (Dates) Bill
Report
Introduction
1. The Scottish Elections (Dates) Bill was introduced to the Scottish Parliament on 17 November 2015.
2. On 25 November 2015 the Parliament agreed to designate the Standards, Procedures and Public Appointments Committee as lead committee on the Bill at stage 1.
Purpose of the bill
3. The Scottish Elections (Dates) Bill is a short bill with just two provisions.
4. First, the Bill proposes to change the date of the Scottish Parliament election on 7 May 2020 to 6 May 2021 so that it does not clash with the UK general election.
5. Second, the Bill proposes to change the date of the Scottish local government elections due on 6 May 2021 to 5 May 2022, so they do not clash with the new date of the Scottish Parliament election. The local government elections will then revert to every 4 years after 2022.
6. The Policy Memorandum explained the reasons for making the change.
Currently, the term for the session of the Scottish Parliament following the general election in 2016 will be four years, resulting in a clash between the date of the next Scottish Parliament general election and the next UK Parliament general election on 7 May 2020.
The Scottish and UK Governments, therefore, agreed that, firstly, action should be taken to avoid the clash of date and that, secondly, electors should be aware of the terms of the Scottish Parliament to which they are electing members before they go to the polls in May 2016.
Views on the bill
7. The Committee took evidence from the Minister for Parliamentary Business at a committee meeting on 3 December 2015.
8. The Minister was asked why the Scottish Government had decided to propose a five year term following the next Scottish Parliament election, rather than a three year term. Both options would have avoided a clash with the 2020 UK general election.
9. The Minister commented that a three year term was particularly short in parliamentary terms. He also noted that a five year term would mirror the length of the current session of the Scottish Parliament. Five years is also the length of the next terms of the House of Commons, the Northern Ireland Assembly and the National Assembly for Wales.
10. The Committee wrote to all MSPs to invite views on the provisions in the Bill. One member responded. Dr Richard Simpson MSP suggested that the Scottish Parliament and local government elections should be moved permanently to the same cycle as European elections.
11. This was not something which the Minister supported. He noted that the Smith Commission recommended that the Scottish Parliament should not be able to hold its general elections on the same day as UK general elections, European Parliament elections, or local government elections in Scotland. This recommendation has been translated into a clause in the Scotland Bill. The Scotland Bill is currently being considered by the UK Parliament.
12. Apart from Dr Simpson’s submission, no other member raised any comments or concerns with the proposals in the Bill.
13. According to the Policy Memorandum, the following organisations are supportive of the Bill—
14. The Minister and his officials confirmed in evidence to the Committee that these organisations had not raised any specific concerns about the provisions in the Bill.
Future elections
15. The Committee notes that the provisions in the Bill only relate to the next set of Scottish Parliament and local government elections in 2020 and 2021, respectively. This is because the recent Order in Council under section 30(2) and (4) of the Scotland Act 1998 only gave the Scottish Parliament the power to vary the date of the 2020 Scottish Parliament election. The power to permanently change the timings of Scotland Parliament elections is included in the Scotland Bill, which is currently being considered at Westminster.
16. The Policy Memorandum says that if the Scotland Bill is enacted, the Scottish Government will “consult with relevant stakeholders” on whether to permanently change the timing of the Scottish Parliament and local government elections in order to prevent future clashes. The Minister told the Committee that it would be for the next Parliament to decide the timing and format of this consultation.
17. The Minister also told the Committee that in his view there was a strong argument in favour of a five year term for the Scottish Parliament, but this would be a matter for the next session of Parliament to decide.
Policy Memorandum and Financial Memorandum
18. The Committee is content with the Policy Memorandum on the Bill.
19. According to the Financial Memorandum, the Bill does not create any new or additional costs. The planned expenditure on the Scottish Parliament and local government elections has simply been deferred for a year.
Conclusion
20. The Scottish Elections (Dates) Bill is a short bill with the very specific objective of deferring by a year the 2020 Scottish Parliament election and, as a consequence, the 2021 Scottish local government elections.
21. There appears to be a broad consensus in favour of the Bill. The Committee is reassured that its provisions are supported by the organisations which are directly involved in the organisation and administration of elections in Scotland.
22. The Committee believes that it is desirable to avoid a clash between the 2020 Scottish Parliament election and the next UK general election. The Committee supports the approach taken in the Bill that the next Scottish Parliament term should last five years rather than three. A three year term would be unduly short, as well as being out of step with the length of parliamentary terms elsewhere in the UK.
23. The Committee also considers it appropriate that a decision on any permanent changes to the timing of Scottish Parliament elections should be taken in the next session of Parliament, once this power has been devolved to the Scottish Parliament in the Scotland Bill.
24. For these reasons, the Committee recommends that the Parliament agrees the general principles of the Scottish Elections (Dates) Bill.
Annexe A: Extract from minutes and associated written evidence
19th Meeting 2015 (Session 4), Thursday 19 November 2015
Work programme (in private): The Committee considered its work programme.
21st Meeting 2015 (Session 4), Thursday 3 December 2015
Decision on taking business in private: The Committee agreed that its consideration of its draft Stage 1 report on the Scottish Elections (Dates) Bill and its draft reports on Legislation and Hybrid Bills Standing Order Rule Changes should be taken in private at future meetings.
Scottish Elections (Dates) Bill The Committee took evidence on the Bill at Stage 1 from—
Joe FitzPatrick, Minister for Parliamentary Business, Colin Brown, Senior Principal Legal Officer, Directorate for Legal Service, and James Newman, Policy Adviser, Directorate for Strategy and Constitution, Scottish Government.
22nd Meeting 2015 (Sesion4), Thursday 10 December 2015
Scottish Elections (Dates) Bill (in private): The Committee agreed a draft Stage 1 report.
Annexe B: Other written evidence
Dr Richard Simpson MSP
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