Conservative MSP, Graham Simpson, has today launched the consultation period on a Bill that would enable the removal of MSPs who fail to carry out their duties.
The Removal from Office and Recall Bill - being put forward by the Central Scotland MSP – allows for the dismissal from office of a member if they don’t take part in parliamentary proceedings for more than six months without a valid reason.
This would bring the Scottish Parliament in line with local authorities who already have this rule in place for councillors.
This issue was highlighted most recently when Derek Mackay resigned from his role as Finance Secretary in February 2020 but stayed on as an MSP until the May 2021 election. During that time, he continued to collect a salary, despite not attending meetings or votes in parliament.
It was widely felt that Mr Mackay’s position as an MSP was untenable but, without the appropriate levers in place, there was no method to remove him from office.
The Bill would also ensure the automatic removal from office of any MSP sentenced to a prison term regardless of the length of sentence.
Current legislation states that jail terms need to be longer than a year for an MSP to be unseated. That means that, had he not resigned, former Dunfermline MSP, Bill Walker could have carried on despite having been convicted of 23 charges of assault and a breach of the peace in 2013.
In addition, the Bill would also consider establishing a system of recall for MSPs, allowing voters to trigger a special election to remove an MSP who has been sanctioned for breaching rules.
The responses to the consultation can be submitted to www.parliament.scot/MSP-removal-from-office, with the consultation closing on 13 April 2022.
Scottish Conservative MSP for Central Scotland, Graham Simpson, said: “I am delighted to launch the consultation for this Bill which will address anomalies within our Scottish Parliament.
“The vast majority of MSPs enter politics to serve their constituents to the best of their ability – but in all parties there may be members who have abused their position or failed to meet the high standards expected of them. This Bill will provide the levers to remove them from office.
“The taxpayer should not be paying for an empty seat in the parliament debating chamber, nor should constituents be left unrepresented if their MSP is serving jail time.
“This Bill is common sense and would reassure the public that MSPs will be held to account for their misconduct, rather than being able to claim a salary while hiding away and running down the clock on their term. I urge fellow MSPs of all parties to back it.”
Notes
- The Removal and Recall Bill would allow for the automatic removal of MSPs who fail to fulfil key parts of their parliamentary duties or receive a prison sentence, and looks to empower constituents to recall MSPs.
- Former finance secretary Derek Mackay continued to sit as an MSP despite not attending a meeting of parliament for 15 months. Mackay quit as finance secretary in February 2020 amid reports that he sent a 16-year-old boy inappropriate messages on social media, and quit the SNP a month later. He continued to sit an independent MSP until the next election in May 2021. During that time he did not attend any meeting of the Scottish Parliament (BBC, 06 February 2020, link); (BBC, 20 March 2020, link).
- Despite repeated calls for his resignation Mackay continued to receive a salary and claim expenses while leaving his constituents of Renfrewshire North and West without representation in the parliament. Mackay collected the full £64,470 salary, received an automatic severance payment of £11,945, and claimed a total of £14,192 while an absentee MSP. (The Herald, 05 February 2021, link); (The Daily Record, 08 October 2021, link).
- At present Councillors in Scotland are bound by a law which means that if they fail to attend council meeting for six consecutive months they can lose their job. The exception is if there is a valid reason such as illness, maternity leave, or serving as a member of the armed forces during war or an emergency. There is no such mechanism for MSPs. (Local Government (Scotland) Act 1973, link).
- MSPs are disqualified from their position if they are sentenced to prison for more than one year under the current legislation. This requirement is in effect applied to members of the Scottish Parliament via Section 15 of the Scotland Act 1998. The Scotland Act 2016 gives the Scottish Parliament the power to amend the Act in the area of regulating Parliament’s own affairs.
- These provisions came into focus when Bill Walker MSP received a prison sentence in 2013. Walker was convicted of 23 charges of assault and one charge of breach of the peace and sentenced to one year in prison. Walker chose to resign as an MSP, but under the current provisions he could have kept his seat for the duration of his sentence, with no means by which his constituents or other MSPs could have removed him from office.
- MPs can be recalled from office by their constituents if certain criteria are met. Under the Recall of MPs Act 2015, a by-election will be triggered if 10% of the voters in a constituency sign a recall petition within six weeks of it being lodged. (House of Commons Library, Recall Elections, 09 November 2021, link).
- There is no equivalent mechanism for constituents to recall MSPs.
