Dual mandates in the Scottish parliament: consultation

2. Introduction

During the second stage of the Scottish Elections (Representation and Reform) Bill in autumn 2024, the issue of whether dual mandates in the Scottish Parliament should be allowed was raised. Dual mandates is the term used to describe the scenario of MSPs also holding a seat in the House of Commons (MPs), House of Lords (Peers^[1]) or representing a ward in their local council (Councillors), in addition to their seat in the Scottish Parliament.

There are varying views as to whether dual mandates should be permitted. On one hand, some believe that dual mandates can strengthen links between different legislatures or allow a stronger connection to be built between local constituents and their representative. On the other hand, dual mandates have also been described by some as unfair on constituents, who may not receive full time representation from an elected representative undertaking dual roles.

The Committee on Standards in Public Life’s 2009 report on “MPs’ Expenses and Allowances: Supporting Parliament, safeguarding the taxpayer”, examined the issue of dual mandates and recommended that the practice of holding dual mandates in both the House of Commons and the devolved legislatures should be brought to an end as soon as possible. Ideally that would happen by the time of the scheduled elections to the three devolved legislatures in May 2011, or failing that by 2015 at the very latest^[2]”.

At present, there is no legislation which prohibits an MSP from also undertaking another role as an MP, Peer or Councillor. There are currently no MSPs also sitting as an MP or Councillor. In the current Scottish Parliament, one Peer is sitting as an MSP, Katy Clark MSP, but Ms Clark has taken a leave of absence^[3] from the House of Lords so is not performing both roles at the same time. Despite the current position, dual mandates have occurred at various times in the Scottish Parliament’s history^[4].

A number of amendments were debated at Stage 2 of the Bill on this issue. The Scottish Government’s position was that, because the issue had not been subject to consultation or evidence-taking, its preference was for a public consultation to be carried out before any legislative change was made. That approach was accepted by the Parliament at Stage 2 and further amendments were made to the Bill at Stage 3 requiring the Scottish Government to bring forward regulations on dual mandates for certain categories at a later date. The Scottish Government has now committed to laying regulations in autumn 2025 to prohibit dual mandates for MSPs who are also MPs or Peers in time for the next scheduled Scottish Parliament election in May 2026.

This position allows for a consultation to be carried out before Parliament is invited to agree to prohibit dual mandates for MSPs who are also MPs or Peers, and to consider whether provision should also be made in respect of MSPs who are also Councillors.

This consultation therefore seeks views on ending the practice of dual mandates in the Scottish Parliament, particularly on the technical aspects which should be considered, such as appropriate grace periods before an automatic disqualification occurs.