Dual mandates in the Scottish parliament: consultation

5. Consultation questions

When responding to questions 1 and 6, please note that Ministers are required to lay draft regulations before the Scottish Parliament on both of these matters regardless on the views expressed in this consultation. The views expressed in response to these questions will instead help inform the Scottish Parliament before they vote on the draft regulations.

5.1 MSP and MP dual mandates

The following questions relate to disqualifying Members of the House of Commons (MPs) from being Members of the Scottish Parliament (MSPs). Later questions will ask about dual mandates in relation to Members of the House of Lords and for local government councillors.

Question 1

Do you agree or disagree that Members of the House of Commons (MPs) should be disqualified from being Members of the Scottish Parliament (MSPs) at the same time?

Question 2

When answering question 2, you may wish to be aware that it is not possible for an MP to directly resign. Further information on the process is available online.

What grace period, if any, do you think there should be for sitting MPs to vacate their role once elected as an MSP?

Question 3

Please provide any views you have on limiting salaries of an MSP holding a dual mandate as an MP, for the duration of any grace period.

Question 4

Please provide any views you have on participation in parliamentary proceedings when an MSP holds a dual mandate as an MP, for the duration of any grace period.

Question 5

Please provide any views on the withdrawal of rights and privileges or any other technical aspects relating to an MSP holding a dual mandate as an MP, for the duration of any grace period.

5.2 MSP and Peer dual mandates

The following questions relate to disqualifying Members of the House of Lords from being Members of the Scottish Parliament (MSPs). Later questions will ask about dual mandates in relation to local government councillors.

Question 6

Do you agree or disagree that sitting Members of the House of Lords should be disqualified from being Members of the Scottish Parliament (MSPs) at the same time?

Question 7

A member of the House of Lords is appointed for their entire life. However, it is possible to take a leave of absence from the House of Lords if a member has another role. A member on a leave of absence cannot participate in any of the work of the House of Lords during their leave of absence. At the end of their leave of absence they may return to their seat in the House of Lords and participate in the normal way.

Should a member of the House of Lords who is on a leave of absence be permitted to be an MSP?

Question 8

What grace period, if any, do you think there should be for Members of the House of Lords to request a leave of absence or resign from the House of Lords once elected as an MSP?

Question 9

Please provide any views you have on limiting salaries of an MSP holding a dual mandate as a Peer, for the duration of any grace period.

Question 10

Please provide any views you have on participation in parliamentary proceedings when an MSP holds a dual mandate as a Peer, for the duration of any grace period.

Question 11

Please provide any views on the withdrawal of rights and privileges or any other technical aspects relating to an MSP holding a dual mandate as a Peer, for the duration of any grace period.

5.3 MSP and Councillor dual mandates

Question 12

Should the law be changed to prohibit an MSP from being a Councillor at the same time?

Question 13

What grace period, if any, do you think there should be for sitting Councillors to vacate their role once elected as an MSP?

Under question 13, we would welcome views on whether you believe any grace period should take account of any scheduled local government election which is due to take place around 12 months after the Scottish Parliament election in which the individual was returned as an MSP, as is the case in Wales until 2026.

Question 14

Please provide any views you have on limiting salaries of an MSP holding a dual mandate as a Councillor, for the duration of any grace period.

Question 15

Please provide any views you have on participation in parliamentary proceedings when an MSP holds a dual mandate as a Councillor, for the duration of any grace period.

Question 16

Please provide any views on the withdrawal of rights and privileges or any other technical aspects relating to an MSP holding a dual mandate as a Councillor, for the duration of any grace period.

5.4 General

Question 17

Are you currently or have you ever been an elected representative?

Question 18

If you have any further views on the topics covered in this consultation, which are not already covered by your responses to previous questions, please provide them here.