Hansard

I thank the Standards, Procedures and Public Appointments Committee for its scrutiny of the bill and its stage 1 report. I also thank the Local Government and Communities Committee for its valuable contribution to the consideration of the issues that we are about to debate.

Having heard evidence from a wide range of stakeholders, both committees have welcomed the proposals in the bill, although they have rightly sought to explore further some of its aspects. This afternoon’s debate—brief as it will be—affords us a chance to do just that.

With the Scotland Act 2016 having transferred responsibility for Scottish elections to this Parliament, we have an opportunity to make meaningful and appropriate improvements to how we conduct elections.

I will address some of the bill’s key components. On term lengths, we consulted extensively on whether the current four-year terms for Parliament and local government remain the most appropriate approach. We propose moving both to five-year terms, which will allow for greater stability in our electoral cycle. Last year, I wrote to all members, seeking their thoughts. I hope that today’s debate will help us to reach a settled view on the issue.

As a result of clashes with United Kingdom general elections, our previous two Parliaments have been five-year terms. We need to decide what works best in Scotland. Having weighed the options, my preference is for five-year terms, and I welcome the support for that from the two committees.

Changed term lengths is one of several reforms in the bill that will affect the Local Government Boundary Commission for Scotland. As members will be aware, the commission’s remit now includes boundaries for Scottish Parliament elections as well as for local government areas and wards. That change is reflected in a new name: boundaries Scotland. Under the bill, boundaries Scotland will have powers to recommend two and five-member local government wards where that fits local circumstances and communities.

The bill also allows for rolling boundary reviews, which 71 per cent of respondents to our consultation supported. The bill’s current deadline for reviews—12 years—reflects a four-year term. In response to the stage 1 report, I have agreed that the local government review deadlines will be increased to 15 years if five-year terms are adopted.

The bill proposes that approval for local government boundary changes will no longer reside with ministers and will now require secondary legislation under the affirmative procedure in Parliament.

The role of Parliament is further expanded through provisions that make the Electoral Commission more directly accountable. The commission will be funded by, and accountable to, the Scottish Parliamentary Corporate Body for the work that it carries out in relation to devolved elections. The commission will also be given powers to create codes of practice covering observers, third parties, candidate expenditure and donation controls. I am pleased that the Electoral Commission welcomes those reforms and the principles behind the bill, and I am grateful to it for its on-going engagement.

The bill recognises the importance of other key stakeholders in Scottish elections, and expanding the Electoral Management Board for Scotland’s remit to include Scottish Parliament elections reflects that. Since 2008, the Electoral Management Board has been an invaluable element of elections in Scotland, ensuring that they are delivered to a high standard. It is a vital resource that is regarded with envy by other nations of the UK. The board assists local authorities in co-ordinating elections and referendums, and it promotes best practice through training and information for electoral professionals. That vital work strengthens our system and reinforces voter confidence, so I am pleased that the board will now provide direction for parliamentary elections.

Turning to other provisions, the bill will simplify registration of 14-year-olds. Those approaching legal voting age can already apply to be added to the electoral register as attainers, but the current system is needlessly complex and unclear. Our proposals mean that anyone eligible in Scotland who is aged 14 will be able to register as an attainer. That is a small change, but it will make a big difference to young people’s participation, and it has been welcomed by both the SPPA Committee and our colleagues in the Scottish Youth Parliament.

The bill updates existing legislation to enable electronic voting solutions in the future. The initial aim is to use technology to support voters with sight loss to vote independently and in secret. After engagement with stakeholders, we are undertaking a limited field trial of electronic ballot delivery to assist those with sight loss. Like the committee, I do not think the time is right for internet voting, but it is important to allow Parliament to explore its options once technology is more established. To be clear, any pilots of electronic voting solutions that are proposed by the Scottish ministers will be considered by Parliament.

The bill creates an offence of voting more than once at local government elections, aligning their rules with the rules for Scottish Parliament and UK elections.

The bill also ensures that the Presiding Officer’s existing power to postpone Scottish Parliament elections operates if Parliament has already been dissolved. That is important in minimising risk to the public during emergencies or unexpected events, and it addresses a present gap in the powers of the postholder.

I appreciate that the committees have highlighted that there are opportunities for further reforms, and I agree. However, the bill is a significant step forward in many important areas, although, as I said, it is by no means the end of the journey.

There is an important point about proper consultation and care when considering reforms. Like the SPPA Committee, I am sympathetic to members wishing to tackle the alphabetical bias of the list-order effect, but I agree that options must be carefully researched to avoid disadvantaging voters. We must, for example, respect the needs of those with disabilities and the neurodiversity of the electorate. As the committee’s report states,

“There is no point simply replacing one set of problems with another”.

That echoes my own comments at the committee’s evidence session, at which I said:

“we should not change it simply for change’s sake”.—[Official Report, Standards, Procedures and Public Appointments Committee, 5 December 2019; c 20.]

However, that is not a signal for inaction. We need to find a better way forward that does not have obvious drawbacks.

I appreciate that much of the bill’s content is highly technical. Boundary changes and powers of the Electoral Commission sound quite dry in isolation. However, we should value rigorous independent oversight of our system, and the bill enhances that. The reform bill brings in changes to support stakeholders and reassure the public, building on strong foundations of partnership working and our proposals to widen the franchise.

I will finish as I started, by thanking the committees for their engagement. I look forward to the debate.

I move,

That the Parliament agrees to the general principles of the Scottish Elections (Reform) Bill.