Meeting of the Parliament 22 September 2015
A debate on a draft Scottish Parliament (disqualification) order is an established item of business in advance of each Scottish parliamentary election. However, the draft order for which I seek approval today is the first such order following the changes that have been brought in by the Scotland Act 2012, which give the Scottish ministers competence for that task. Obviously, that is a welcome and sensible reform, and members will be aware that we anticipate the Parliament receiving full competence over all disqualification matters.
Section 15 of the Scotland Act 1998 sets out the circumstances in which a person is disqualified automatically from membership of the Parliament—for example, by virtue of being a judge, a civil servant or a member of the armed forces. In addition, section 15 provides an order-making power to disqualify specific office-holders from membership of the Parliament, thereby ensuring separation between the Parliament and the holders of various public offices to help to reinforce their independence from each other. The previous order that was made under that power took effect in advance of the 2011 elections. It is therefore appropriate in advance of the next election that we update the 2010 order.
The policy objective is to remove, update or add entries to reflect relevant appointments that have been abolished, renamed or created since the making of the 2010 order. The opportunity was also taken to update the Scottish order in respect of relevant office-holders in England, Wales and Northern Ireland. I put on record my thanks to Scotland Office officials who worked closely with my officials in co-ordinating input from across United Kingdom Government departments.
Following the laying of the draft order, I wrote, on 25 June, to the Presiding Officer, the chairman of the Electoral Commission and the leaders of the main political parties to draw their attention to the Government’s laying of it and, in particular, to its effect and scope.
The criteria for disqualification are: offices of profit in the gift of the Crown or ministers; positions of control in companies in receipt of Government grants and funds; offices imposing duties that would prevent their holders from fulfilling parliamentary duties satisfactorily; and offices whose holders are required to be, and to be seen to be, politically impartial.
I hope that colleagues will join me in approving the draft Scottish Parliament (Disqualification) Order 2015 with a view to bringing it into force well in advance of the election on 5 May next year.
I move,
That the Parliament agrees that the Scottish Parliament (Disqualification) Order 2015 [draft] be approved.