Dual mandates in the Scottish parliament: consultation

3. Current provisions

As previously noted, it is currently possible for an MSP to also undertake another role as an MP, Peer or Councillor.

The position in Scotland differs from the position in other devolved nations. Legislation has been put in place which means that dual mandates are not permitted between the House of Commons and the Northern Ireland Assembly and Senedd Cymru (Welsh Parliament). Councillors in Northern Ireland who are elected as members of the Assembly are disqualified from their seat on the council. A Councillor in Wales who is elected as a member of the Senedd (MS) may currently complete their term as a Councillor if there is due to be a local election within 372 days of the day on which they were elected as an MS. From 6 April 2026 Welsh law will change to remove this exception, and a Welsh Councillor elected as an MS will have to resign from their council seat before taking their seat as an MS. Dual mandates between the Welsh Senedd and the House of Lords are also prohibited.

The Scottish Government’s long-standing position is that it is ultimately a matter for the Parliament to lead and consider matters relating to the regulation of its membership but has agreed on this occasion to lead the consultation on the issue.

The Government’s consideration of this issue does not supersede decisions which individual political parties can take when determining criteria for and expectations of candidates from their own parties. As has been seen in the past, some parties opt to introduce their own rules about who is selected to stand for election based on roles they already hold. That decision would continue to sit with political parties, regardless of the outcome of this work by the Scottish Government.