Dual mandates in the Scottish parliament: consultation

4. Scottish Government proposal

The Scottish Elections (Representation and Reform) Bill (which was passed by the Scottish Parliament on 17 December 2024) requires the Scottish Government to lay draft regulations in relation to dual mandates. These regulations must include provision which would have the effect of prohibiting dual mandates between the Scottish Parliament and the House of Commons, and between the Scottish Parliament and the House of Lords. The Bill also gives Scottish Ministers the power to lay draft regulations including provision prohibiting dual mandates between the Scottish Parliament and local authorities. This power is optional and whether Ministers choose to use it will depend on the outcome of this consultation.

It is Scottish Government policy not to make any changes to electoral law in the 6 months leading up to an election in which that new law would apply^[5], to ensure any new provisions in relation to elections are in place in good time. To apply this policy, the Scottish Government intends to lay the proposed regulations on dual mandates in autumn 2025, informed by the responses to this consultation. The regulations will be scrutinised by the Scottish Parliament under the affirmative procedure and will only come into effect if the Scottish Parliament approves them.

There are a number of practical and technical aspects relating to dual mandates which need to be considered to help inform the final policy. These issues include –

4.1 Grace periods

Consideration must be given to the length of any grace period which should be afforded to each category of person (MP, Peer and Councillor) to allow them time to consider their options and make arrangements to leave their existing role once elected as an MSP. Different grace periods may be considered appropriate for each category to take account of the different roles and differing routes to step away from each, noting particularly with MPs, employed staff may require notice.

The following issue relating to grace periods was highlighted at Stage 2 of the Scottish Elections (Representation and Reform) Bill. Scottish local government elections are scheduled to occur a year after each Scottish Parliament Election, both on five year cycles. Requiring any newly elected MSPs (e.g. elected on 7 May 2026) to resign immediately as councillors could potentially require multiple by-elections to occur less than a year before the next local government election (e.g. 6 May 2027). This would leave each councillor role vacant for around 3 months before it is filled via a by-election, with a new councillor elected for only 9 months until the local government election takes place. The Financial Memorandum to the Bill estimated the cost of a local government by-election at between £50K and £80K.

In addition, the Single Transferable Voting system used for local government elections can be argued to favour larger parties in a by-election, given that it is usually only a single councillor position in the ward that is up for contest and historically larger parties usually prevail in such contests.

Legislation in Wales permits individuals to remain councillors and resign at the next local election if elected to the Senedd within 372 days of the next local elections. This is due to change from 2026, with Welsh local elections no longer due to occur in future one year after Senedd elections^[6].

4.2 Salary limitations

We also must consider whether and what sort of salary limitations should be put in place, if any, for the duration of the grace period for each category. At present, an individual serving as an MSP and MP has their MSP salary reduced to one-third of an MSP salary. Members of the House of Lords do not receive a salary for their parliamentary duties but are eligible to receive allowances and, within certain limits, the travel expenses they incur in fulfilling their parliamentary duties. Those who have taken a leave of absence from the House of Lords cannot claim allowances or expenses during their leave of absence.

Consideration needs to be given to whether any salary limitations should apply to any grace period permitted after the practice of dual mandates is ended.

4.3 Participation and removal of rights and privileges

Whether there should be any limitations to any individual’s ability to participate in parliamentary proceedings for the duration of their grace period and whether such limitations would have a detrimental impact on the usual business of parliament progressing must also be considered.

Similarly, consideration must be given to the possibility of rights and privileges of an MSP being withdrawn by Parliament for the duration of their grace period and whether this would be considered necessary or appropriate in any circumstances. For example, this could cover the removal of all or part of the member’s allowances while an individual’s dual mandate is still to be resolved.

Alongside responses to this consultation, the Scottish Government also intends to closely consider the position in Wales to review the detail of their existing policy on dual mandates and consider what lessons can be learned as the Scottish Government’s draft regulations are developed.