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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 23 November 2024
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Displaying 1320 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 5 September 2024

Martin Whitfield

We have a couple of questions about other bits of secondary legislation, but if you do not mind, minister, it might be easier for the committee to write to you for an update on each of the areas that you have highlighted, plus others, particularly for the benefit of members who are not on this committee. For example, a number of members are rightly concerned about and seek reassurance on the issue of tactile devices.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 5 September 2024

Martin Whitfield

With regard to disqualification, at the minute, when someone puts their name forward for election, they go through a short period of time when there can be notices saying that they cannot stand for election for reasons X, Y and Z. The difference in this case is that, even if that does not happen, the person could still never stand for election. The point is the stage at which that becomes apparent and what the challenges are. It is clear from your evidence this morning, for which I thank you, that there is real complexity in this matter, with the potential for an extension to, in effect, a non-criminal order. The challenge lies in the detail.

You mentioned the Venice commission. Is it the Scottish Government’s view that elected individuals at local authority level and here in Parliament should be held to the same standards, rather than there being the nuance that you hinted at with regard to the Venice commission?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 5 September 2024

Martin Whitfield

Therefore, in relation to the human rights element and whether, in effect, a never-ending order would lead to a never-ending disqualification from standing for elected office, the Scottish Government’s confidence to assert that the proposal is reasonable has been developed more through discussion among yourselves—I understand that the Welsh Government has tackled the same issues—rather than in discussion with people elsewhere.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 5 September 2024

Martin Whitfield

Are you sure?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 5 September 2024

Martin Whitfield

Right. Oliver Mundell has a question.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 5 September 2024

Martin Whitfield

Minister, if you are happy for us to do so, the committee will write to you with a couple of questions about the associated secondary legislation. In the meantime, what is the Government’s position on anonymous voter registration and the extension to domestic abuse protection orders, given the proposed changes in other parts of the country that might affect people there? If someone moved to Scotland, would they be able to apply for anonymous registration because of the physical and/or psychological harm that they are at risk of? I understand that we still need to make changes.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 5 September 2024

Martin Whitfield

Yes, and I specifically chose the issue of overnight counts because, interestingly, that is the one area on which you pointed out in your correspondence an intention to consult the Scottish Parliament. There is a difference between your open-door policy, which I absolutely endorse and have used on occasions, and a consultation in which members and other consultees are actively approached in order to seek their views. There is a different emphasis there. If you draw a conclusion from that consultation, it is helpful to know how it happened.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 5 September 2024

Martin Whitfield

As always, Iain Hockenhull anticipates my very final question. Do you have a meeting date for the panel to discuss the matter?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 5 September 2024

Martin Whitfield

Agenda item 2 is the Scottish Elections (Representation and Reform) Bill. We are joined by Jamie Hepburn MSP, who is the Minister for Parliamentary Business, and by Scottish Government officials Iain Hockenhull, who is the elections bill team leader, Chris Nicholson, who is a solicitor and head of branch for constitutional reform and external affairs, and Lorraine Walkinshaw, who is a lawyer in the legal directorate. I welcome you all to the meeting and invite the minister to make some opening remarks.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 5 September 2024

Martin Whitfield

Are you talking about automatic or assisted registration, minister? After all, there is a very subtle difference between the two: with an automatic registration pilot, either you do it or you do not, but with assisted registration, a data challenge exists for various other reasons, such as the quality of data that is held and so on. Are you talking about automatic registration—that is, people being automatically registered when it becomes apparent that they should be on the register—or assisted registration, when there is some form of positive outreach and people are told, “You can now be registered, and this is all that you need to do”?