Scottish Elections (Representation and Reform) Bill: Ministerial statement

Presiding Officer, I am very pleased to open the Stage One debate of the Scottish Elections (Representation and Reform) Bill.

I would first of all like to thank those who engaged in the public consultation ahead of developing this Bill. That is always an important part of our process and I’m grateful to those who did so.

I am also very grateful to the Committees involved in scrutinising the Bill, in particular the Standards, Procedures and Public Appointments Committee. I am very pleased that its Stage One Report supports the Bill’s principles and I look forward to hearing from the Committee convener in a few moments and working closely with others as it continues its passage through Parliament.

I would also like to thank my predecessor, my friend, George Adam, who developed the Bill’s proposals.

The effort he undertook in engaging with a range of people and organisations, and the Parliament, in developing and informing the proposals within the Bill is something I am very grateful for and I can assure you and other members, an approach I am committed to continuing.

Presiding Officer, as we mark a quarter century of the Parliament’s first elections, the Scottish Elections Bill is an example of the positive changes that this Parliament has made in how elections are run – always seeking to put people first.

I do believe that this is Parliament’s Bill and I hope it will command support of all colleagues here.

The Bill covers a range of issues reforming Scottish Parliament and local government elections. It carries forward Government commitments to extending candidacy rights and improving accessibility for voters. It reforms our key electoral organisations, and it also addresses issues arising from the UK Elections Act 2022 - especially on campaign finance - and builds on experience from the pandemic.

The Bill extends candidacy rights at Scottish Parliament and local government elections to foreign nationals with limited leave to remain. It seems right that those who can vote in our elections should also be able to stand for election, unless there are strong reasons otherwise.

Presiding Officer, I would highlight the powerful evidence provided to the Committee on the impact of changes already made by this Parliament on voting rights for foreign nationals. Ahlam Hamoud Al-Bashiri of the Scottish Refugee Council, told the Committee, and I quote:

“I am so happy that, in 2020, the right to vote in Scotland was given to refugees and that I, as a refugee, can vote in national and local elections here. In 2021, when I went to cast my vote for the first time, it was one of the most beautiful moments of my life. I am so glad that I chose to make Scotland my country”.

That’s a sentiment that will strike for many of us who may have taken for granted our right to vote, may have underestimated or not appreciated it. They are powerful words that bring home the real impact of what changes to voting rights bring people and how it can involve them in this vital tenet of democratic elections.

I was therefore pleased to see that the Stage One report welcomed the proposed extension of candidacy rights.

All of us here have been candidates for election, often many times. And - for many of us - for more than just this Parliament. Some of us have had varying degrees of success in doing so at different points, but we’ve all gone through the process of being a candidate. We are aware of the risks faced by those standing for public office. It is crucial that campaigners, candidates, and those running elections who face the risk of abuse in what should be a safe environment, feel secure and that action is taken if they do not.

That is why the Bill builds on the UK Elections Act to allow a court to bar from becoming MSPs and councillors those found guilty of offences involving intimidation of campaigners, candidates and elected representatives. It also goes further than the UK Act by allowing those found guilty of offences involving the intimidation of electoral workers to be disqualified. I hope that this sends a very strong and very clear message to those who administer our elections that any intimidation or abuse against them is unacceptable and should not be tolerated.

The Bill makes a further change on disqualification so future changes to House of Commons eligibility rules no longer automatically apply to MSPs. Further changes on

disqualification are also planned for Stage Two. We have sought views ahead of bringing amendments to disqualify sex offenders from being MSPs and councillors.

As I mentioned a few moments ago, we are aware of Mr Simpson’s proposed Removal from Office and Recall Members Bill. I have been very grateful to him to have a chance to constructive discussions around that legislation, which has three elements. One is a system of recall similar to the process introduced for MPs, on which there was a motion with substantial cross-party support just a few weeks ago in this Parliament.

Another is about removal from office due to a lack of participation, and a third on the threshold for a criminal conviction to disqualify people from elected office. I have been discussing the detail of these matters with Mr Simpson, and intend to continue this work over the coming period ahead of Stage Two to assess

Presiding Officer, on campaigning in general, the Bill broadly mirrors the UK Elections Act on spending during election campaigns, redefining notional expenditure, limiting overseas spending, and modifying third-party campaigning costs. These changes would simplify the law and have been broadly welcomed.

On digital imprints, the actions of the UK Government have left us with little choice but to repeal the existing Scottish rules, which were the first in the UK and have operated successfully. The UK Government chose to pursue a broad reading of the internet services reservation that we continue to think incorrect. The Bill responds to that unilateral change. We have however retained one aspect in discussion with the Electoral Commission, so that an imprint is required on unpaid for material posted not just by a regulated campaigner, but all organisations. We see this as addressing an important gap. The Committee’s Stage One report highlights concerns about the enforcement and oversight of these measures, and I intend to engage closely with stakeholders to ensure concerns are addressed.

The Bill also builds on lessons learned during the pandemic on the emergency re-scheduling of elections. We have been clear these proposals are only for situations where a delay is essential, such as a public health emergency.

The Standards Committee called for those making postponement decisions, for example the Presiding Officer and Convener of the Electoral Management Board, to provide a written statement of reasons for that decision. I will bring forward an amendment to that effect. I have also noted the proposal from electoral administrators that the maximum period for a delay to council elections should be four weeks rather than two, and intend to bring forward an amendment at Stage Two to reflect this. 

Presiding Officer, we all want the highest possible participation and registration for elections, and for Scotland’s citizens to be actively involved in our democracy. To that end, the Bill makes provision on electoral innovation pilots.

At present, only councils can propose pilots. The Bill will allow schemes to be proposed by the Electoral Management Board, Electoral Registration Officers and Ministers. Piloting allows us to test whether potential changes and innovations will work in practice. The current election campaign has again highlighted the need to help people with sight loss to vote independently. Pilots should also be able to help people register to vote and I intend to bring forward an amendment to clarify that changes to the registration system can be piloted.

Presiding Officer, there is much else the Bill seeks to do. I didn’t have time in the opening part to speak to all of this, but I’ll speak to more as I hear further contributions of members.

But let me close by citing the evidence provided by the Electoral Reform Society to the Committee,

“It is also important not to focus only on elections, but to think about the opportunities to strengthen our democracy in the periods between elections, too”.

This Bill is designed to help that effort and as such I move the motion in my name.