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

Recommendations and Conclusion

Overall, the Bill promotes equality by seeking to further align candidacy rights with voting rights, and to enable pilots and funding to improve the accessibility of elections, and to increase voter registration and participation by under-represented groups. In introducing measures to discourage intimidation of campaigners, candidates, elected representatives and electoral workers it also contributes to eliminating discrimination, harassment and victimisation, removing barriers and encouraging participation in public life for those with protected characteristics.

The EqIA has identified positive impacts for equality groups from the following provisions contained within the Bill:

• The Bill promotes equality of opportunity on the grounds of race, and encourages participation in public life, by extending candidacy rights in Scottish Parliament and local government elections to all resident foreign nationals aged 18 or older with limited leave to remain.
• The Bill contributes to advancing equality of opportunity between persons who share a relevant protected characteristic and those who do not, eliminating discrimination, harassment and victimisation of those with protected characteristics, and encouraging participation in public life by introducing measures to discourage intimidation (disproportionately likely to be directed towards women, those from ethnic and religious minorities, and LGBT people) of election campaigners, candidates, elected representatives and electoral workers.
• The EqIA notes a potential positive contribution by this Bill to eliminating discrimination and advancing equality of opportunity for disabled people participating in the democratic process, through the extension of the power to propose electoral innovation pilots to Scottish Ministers, the EMB and EROs.
• The EqIA further notes a potential positive contribution by this Bill to advancing equality for younger people and those from minority ethnic groups who are currently overall less likely to participate in the democratic process, through the introduction of a new power to enable the Scottish Government to make grants and other financial assistance to organisations for activities that are designed to increase democratic engagement.

There is a potential indirect negative impact on the grounds of age, in that the Bill does not seek to change the existing position that people aged 16 to 17 are entitled to vote in but not eligible to stand as candidates in Scottish Parliamentary and local government elections. At this stage, the Scottish Government considers this to be justified by the concerns raised in the consultation around the impact of such a change on the wellbeing of 16- to 17-year-olds and their ability to represent their constituents. Concerns raised included safeguarding, employment issues, conflict with education, risk of abuse and harassment.

Monitoring and review

The Scottish Government will draw on a range of data sources to monitor the impact of the Bill, if enacted, including:

• Continuing to work with stakeholders to explore options to improve the availability of diversity data on candidates and those in elected office at the next set of elections, following the low response rate to the voluntary Local Government Candidate Diversity Survey 2022. ^[42]
• Monitoring data on registration and turnout by different groups, including from the Electoral Commission, National Registers of Scotland and the Scottish Election Study.
• Monitoring data on attitudes to voting and government from the Scottish Social Attitudes Survey.
• Monitoring the findings from the Electoral Commission’s public attitudes survey data over time, including specifically the proportion of people who think barriers to democratic participation for disabled people are a problem at elections.
• Monitoring the findings from the Electoral Commission’s surveys of candidates, specifically in terms of the proportions of different groups reporting experiences of intimidation and harassment.
• Continuing to monitor data and research from universities and stakeholder organisations relevant to the delivery of the provisions in the Bill, as well as the findings of the Growing Up in Scotland Survey, which will soon publish longitudinal survey data on young people’s political engagement.

The Scottish Government will continue to work with the Electoral Commission, the EMB, COSLA and organisations representing those with protected characteristics, including those who have already engaged with the consultation, to support electoral innovation pilots and take an evidence-based approach to the development of the grant scheme as well as in monitoring and reviewing the impact of the Bill, if enacted.