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Chamber

Meeting of the Parliament 28 November 2019

28 Nov 2019 · S5 · Meeting of the Parliament
Item of business
Scottish Elections (Franchise and Representation) Bill: Stage 1

At the outset, members might like to know that this is the first stage 1 debate on a bill that will require a supermajority to pass at its final stage. That means that two thirds of all members will have to support the bill when that moment comes next year. We are off to a good start, given that the Standards, Procedures and Public Appointments Committee has recommended support for the general principles after its scrutiny of the bill, although one party was against much of it. I am grateful to the committee for its thoughtful consideration of the bill, and I hope to persuade even that one party to back it when it comes to its final stage next year.

As members will be aware, new powers over elections and the franchise were devolved by the Scotland Act 2016. This Parliament can now take decisions about key Scottish electoral issues although, regrettably, there are still franchise matters being dealt with outside Scotland, with Westminster’s continued refusal to give the vote to 16 and 17-year-olds, which will be obvious again in two weeks’ time.

The bill has two main aims: to extend voting and candidacy rights to foreign nationals, and to ensure that we are compliant with the European convention on human rights in relation to prisoner voting. The bill’s provisions on foreign nationals will, I hope, contribute to the building of an open, outward-looking, inclusive Scotland. The provisions on prisoner voting rectify a legal problem and are also progressive.

I start with the provisions on foreign nationals. We have got used to having European Union nationals and Commonwealth citizens in our franchise. Had our franchise been used for the whole of the United Kingdom in the EU referendum, the result might well have been different. There is a beneficial effect in ensuring that all citizens who have a stake in the future of the country are empowered to exercise their choice about that future. If people have chosen to build a life here, they should have the right to vote in our elections.

EU and Commonwealth citizens are not the only people who shape Scottish society through deciding to come here to live, to study, to work and to raise families as our friends and neighbours, so it is time that we recognised that anomaly and enfranchised all those citizens from around the world who live and work among us. Migration is central to the development of Scotland as an inclusive, prosperous and innovative country that is ready and willing to embrace the future. While control over migration policy is reserved, it is right that we use the powers that we have now not just to send a strong message about what Scotland wants to be—an open country, an inclusive community and a nation that values everyone who makes their home here—but to ensure that we benefit from the contribution that such citizens wish to make.

In the same item of business

The Deputy Presiding Officer (Christine Grahame) SNP
The next item of business is a debate on motion S5M-20049, in the name of Michael Russell, on the Scottish Elections (Franchise and Representation) Bill at s...
The Cabinet Secretary for Government Business and Constitutional Relations (Michael Russell) SNP
At the outset, members might like to know that this is the first stage 1 debate on a bill that will require a supermajority to pass at its final stage. That ...
Adam Tomkins (Glasgow) (Con) Con
I understand that the cabinet secretary wishes to equate the franchise in Scotland with residency. He will equally understand that there is a tradition that ...
Michael Russell SNP
I will not go into a dissertation on citizenship here. What I am talking about is whether, if someone is a member of a society and is resident in that societ...
Mark Ruskell (Mid Scotland and Fife) (Green) Green
Will the cabinet secretary take an intervention?
Michael Russell SNP
I will make my point first. As I said, I have considerable sympathy for the benefit of extending rights to people who have come to our country in the most ...
Mark Ruskell Green
Has the cabinet secretary, or have his officials, considered whether asylum registration cards, which are a form of photo ID, could provide an adequate form ...
Michael Russell SNP
As I have indicated to Mr Ruskell before—I do so again now—I am always open to ideas on the matter. One possibility might be to effect a change at a later da...
Neil Findlay (Lothian) (Lab) Lab
Does the cabinet secretary accept that, given the very small number of people that we would expect to be involved, it is a bit of a stretch to suggest that t...
Michael Russell SNP
With respect, I think that it is different. In those circumstances, we would be giving the right to stand to someone who could in no sense be confident that ...
Adam Tomkins Con
Will the cabinet secretary give way?
Michael Russell SNP
I ask the member to allow me to make some progress. There were, of course, other views. Some people proposed a different sentence threshold or the complete ...
Adam Tomkins Con
I do not disagree with the cabinet secretary at all when he says that the proposals in the bill are likely to fall within the margin of appreciation that is ...
Michael Russell SNP
The UK Government has taken a much smaller step, but that step has not yet been challenged. As Adam Tomkins will know, as he is more experienced than I am in...
Bill Kidd (Glasgow Anniesland) (SNP) SNP
As convener of the Standards, Procedures and Public Appointments Committee, it is my pleasure to speak on behalf of the committee. I thank all those who pro...
Liam Kerr (North East Scotland) (Con) Con
Would the member concede that the ECHR does not contain a specific right to vote?
Bill Kidd SNP
I thank the member for that question. The bill seeks to comply with the ECHR by proposing that those serving sentences of 12 months or less should have the r...
Jamie Halcro Johnston (Highlands and Islands) (Con) Con
I echo the convener’s comments—although we did not always agree, we had a very constructive discussion. First, as a member of the Standards, Procedures and...
Michael Russell SNP
Will the member give way?
Jamie Halcro Johnston Con
I would like to make a bit of progress. The wider point is that citizenship is a legal relationship that binds an individual with the state. It is not about...
Neil Findlay Lab
I have to say that, given the policy agenda of Mr Cameron, he makes many people physically sick.
The Presiding Officer (Ken Macintosh) NPA
Can we have a bit more respect for members?
Jamie Halcro Johnston Con
I thank the member for that extraordinarily helpful, positive and productive comment, which I will gloss over. Admittedly, a lifting of all restrictions is ...
Michael Russell SNP
If the member wishes to talk about inconsistency, will he look at the decision in the rest of the UK, which means that any prisoner who is on temporary relea...
Jamie Halcro Johnston Con
The point is that those people are not in prison, whereas the people who are to be given the vote under the bill are in prison. On the nature of offences, t...
Alex Rowley (Mid Scotland and Fife) (Lab) Lab
I am pleased to open the debate on behalf of the Labour Party. We commend the committee for its stage 1 report on the Scottish Elections (Franchise and Repre...
Adam Tomkins Con
I will ask Alex Rowley the same question that I asked the cabinet secretary. I completely understand the argument that the franchise should be connected to r...
Alex Rowley Lab
Neil Findlay has just said to me, “No taxation without representation.” People are paying their taxes and contributing while living in this country. The cabi...
Liam Kerr Con
Is there any evidence from the countries that the member mentioned as having no such ban that there is an improvement in rehabilitation outcomes?
Alex Rowley Lab
I do not know—that is the point that I am making. Those countries have that policy in place and we need to look at the evidence. I have not yet looked at tha...