Hansard

No, I am sorry but I do not have time. I must get on.

We also recognise that there is limited confidentiality available for any prisoner dealing with the range of parliamentary and representative issues.

We have, however, recognised that there is a possibility that, despite the restrictions that would apply, a member, through limited personal contact with his or her office, could direct motions or parliamentary questions to be lodged. Some limited constituency correspondence might also be undertaken, but all of that would be subject to the regulations of the prison and, of course, subject to data protection requirements.

Therefore, based on our assessment, we propose that a member’s salary be reduced by 90 per cent for the duration of the term of imprisonment. To be clear, this restriction would apply to any person entitled to a salary under the scheme—members, office-holders and members of the Scottish Government. Again, we consider the reduction to be proportionate to the availability of a member to carry out his or her parliamentary role in the circumstances.

In moving the motion, the SPCB recognises that there may be some consequential impact on pensions. As I am sure all members appreciate, pensions are a highly complex area. Our intention is that any change to the salary provision should have a similarly balanced and proportionate impact on pensions. We have, therefore, asked officials, should the motion be passed by the Parliament, to consider this further, involving the pension trustees, and to bring proposals to us in due course. If such a change is required to the pension rules, we will, of course, as we are required to do, consult with all members of the scheme affected by the proposal.

We also believe that, in considering the issue, we have acted with due regard to the principles of fairness and proportionality. I emphasise to members once more that the motion before the Parliament is founded on our view that the salaries scheme should reflect the fact that any member in prison would not be able to fulfil the full range of their parliamentary duties.

I invite members to support the motion, and I move,

That the Parliament, in exercise of the powers conferred by sections 81(1), 81(5)(b) and 83(5) of the Scotland Act 1998, determines that with effect from the day after the date of this resolution the Scottish Parliament Salaries Scheme approved by resolution of the Parliament on 21 March 2002 is amended as follows:

(a) after paragraph 7 insert-

8. (1) For any period during which a member of the Parliament is imprisoned, the salary payable to that member by virtue of paragraph 2(1) shall be reduced by 90%.

(2) For any period during which a member of the Parliament holding the office of Presiding Officer or Deputy Presiding Officer is imprisoned, the salary payable by virtue of paragraph 3(1) shall be reduced by 90%.

(3) For any period during which the holder of an office to whom a salary is payable by virtue of paragraph 4(1) is imprisoned, that salary shall be reduced by 90%.”;

(b) in paragraph 2(1), after “sub-paragraph (2)” insert “and paragraph 8”; and

(c) at the beginning of paragraphs 3(1) and 4(1) insert “Subject to paragraph 8,”.