Scottish Elections (Representation and Reform) Bill Equality Impact Assessment – Results

Background

Since 2016, when the Scotland Act 2016 increased the Scottish Parliament and Scottish Ministers autonomy in relation to the operation of Scottish Parliament and local government elections in Scotland, the Scottish Parliament has made a number of significant changes in relation to these elections.^[1] In particular, the Scottish Elections (Reform) Act 2020 made changes in relation to the roles of the Electoral Commission, the EMB, and Boundaries Scotland. The Scottish Elections (Franchise and Representation) Act 2020 allowed all resident foreign nationals with any form of leave to remain to vote in Scottish Parliament and Scottish local government elections. In relation to candidacy rights, it allowed those with indefinite leave to remain (which includes EU nationals with settled status) to stand as candidates in Scottish Parliament and Scottish local government elections. EU nationals with pre-settled status were also granted these candidacy rights. A further limited expansion of candidacy rights in local government elections in relation to foreign nationals with limited leave to remain occurred in 2022.

The Scottish Government consulted on improvements to electoral law over a 13-week period between 14 December 2022 and 15 March 2023.^[2] The consultation paper discussed whether there should be any change for those currently able to vote but not permitted to stand for election, such as 16- and 17-year-olds and foreign nationals with limited leave to remain in the UK. It discussed issues arising from the UK Elections Act 2022, in particular in relation to campaigning in elections. It highlighted a number of possible changes to assist candidates in local government elections and issues that had been identified in relation to the emergency re-scheduling of elections. It also posed questions on how to increase voter registration and how to improve accessibility in elections, to ensure all people can vote independently and in secret.

This Bill, the Scottish Elections (Representation and Reform) Bill, follows the Scottish Government’s consideration of the responses to that consultation^[3] as well as further engagement with stakeholders (see below). It makes provision on:

• extending candidacy rights at Scottish Parliament and local government elections to foreign nationals with limited leave to remain;
• barring those found guilty of offences involving intimidation of campaigners, candidates and elected representatives from being Members of the Scottish Parliament (MSPs) and councillors, and creating a new Scottish disqualification order which will apply to those guilty of offences involving intimidation of electoral workers;
• updating campaign finance, third party campaigning and digital imprint definitions and rules;
• taking forward a range of measures based on experience with Covid-19 to ensure emergency re-scheduling of elections can be more easily facilitated;
• amendments to allow electoral pilot schemes to be proposed by Scottish Ministers, the EMB and Electoral Registration Officers (EROs) in addition to local authorities (and requiring the EMB to be consulted on pilot proposals);
• creating a power to permit funding by the Scottish Ministers to increase democratic engagement;
• changing the deadline by which Boundaries Scotland is required to review local government electoral wards from 2028 to 2031, to match 5-year election cycles;
• facilitating improved scrutiny by the Scottish Parliament of the activities of the Electoral Commission in relation to Scottish Parliament and local government elections; and amending the legal status of the EMB so that it will have a legal personality in its own right, and creating a Deputy Convener post for the EMB.

In addition to considering the written responses from individuals and organisations to the consultation paper, during the policy development process roundtable discussions were held with young people and accessibility groups, and regular engagement took place with stakeholders including the Electoral Commission, the EMB, the Convention of Scottish Local Authorities (COSLA), Boundaries Scotland, and Scottish Assessors’ Association. The Scottish Parliament Political Parties Panel, UK and Welsh Government officials have also been consulted on specific points. The Scottish Government will continue to work with stakeholders and organisations with an interest in the Bill to ensure full account is taken of equality issues as the Bill progresses through Parliament.