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Standards, Procedures and Public Appointments Committee 05 March 2026 [Draft]

05 Mar 2026 · S6 · Standards, Procedures and Public Appointments Committee

Item of business

Subordinate Legislation

Representation of the People Act 1983 Remedial (Scotland) Order 2025(SSI 2025/353)

Dey, Graeme SNP Angus South Watch on SPTV

Good morning. The order that is before us today responds to a European convention on human rights compliance issue that has been identified in relation to voting rights for Scottish Parliament elections.Section 3A(3) of the Representation of the People Act 1983 prohibits some people who have been detained on mental health grounds related to criminal justice from voting in elections in the United Kingdom. This is a blanket ban that is similar to the one that used to be in place for prisoner voting. The Scottish Government considers that the changes made by this order are required for convention compliance ahead of the election on 7 May 2026.The order makes minor changes to maintain consistency with the exceptions made for prisoner voting in 2020. A person who has been detained on a mental health ground but sentenced to 12 months or less will be able to vote. A person who has been charged or convicted of criminal conduct but has received a mental health detention rather than a prison sentence will be able to vote only if the maximum sentence or sentences possible would have amounted to 12 months or less.A further category that has been granted voting rights is that of persons who are subject to a temporary compulsion order. For these people, there has not yet been any finding of fact as to the alleged conduct in their case. They are therefore in a similar situation to remand prisoners, who are currently able to vote in all UK elections. Similarly, persons who are subject to guardianship orders retain the right to vote, as these orders do not permit detention.The order came into force on 19 November last year but applies only to elections between 7 May 2026 and 28 February 2030. This is intended to ensure that affected people can vote in the Scottish Parliament election and subsequent by-elections, and also that a full consultation can be held on the matter, with the next Parliament considering a permanent change to the law.Although I will not be returning as Minister for Parliamentary Business and Veterans after the election, members will recall that I wrote to the committee on 30 January, highlighting a number of proposed topics for a public consultation on electoral reform ahead of future possible legislation.In summary, the order makes limited changes that are considered necessary for ECHR compliance ahead of May’s election. It is subject to a sunset clause, as it is considered that the next Parliament should reach a settled view on the law in this area.I am happy to take any questions.

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Standards, Procedures and Public Appointments Committee 05 March 2026 [Draft]

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