Meeting of the Parliament 24 February 2026 [Draft]
Although the Scottish Greens were uncomfortable with the implementation of the bill as drafted at stage 1, we abstained at that point in order to give the member in charge of the bill the opportunity to review and correct some of its problems. However, even with the substantial changes that have been made, we do not feel that the core issues in the drafting have been resolved.
The recalling of MSPs is something for which there should be robust and transparent processes that do not discriminate against MSPs who have health conditions, disabilities or caring responsibilities. We note Engender’s repeated and on-going concerns about the impacts that the bill, as written, could have on already underrepresented groups, particularly in relation to privacy.
It should be relatively difficult to remove duly elected members from office before their time of service is completed, in order to limit the possibility that such removals could be instigated by party politics or by prejudice. We are elected by the public and we are accountable to them.
I have concerns that, under the United Kingdom Police, Crime, Sentencing and Courts Act 2022, which criminalises peaceful protest, members could acquire criminal records and significant jail time for things such as peacefully protesting against nuclear weapons or war, or peacefully protesting for the environment, Palestine or trans rights. This UK law raises the potential for ugly political misuse if members could, for example, get criminal records for peacefully protesting in favour of Scottish independence. It would be a horrendous repression of democratic expression if a poorly drafted recall bill prevented members from participating in peaceful protests for causes that they wish to support, including Scottish independence, if it meant risking their seats.
We have seen from recent history that we cannot draft legislation in the hope that no future Government will abuse it for political gain or to remove dissent. Crossing our fingers that all future people in power are good old chaps with good intentions is dangerous. Famously, Boris Johnson illegally prorogued the UK Parliament with the intention of gaining political advantage, so we know that the UK Government is as much at risk of abusing process as any regime.
This bill, as drafted, does not give us comfort in this matter. The Scottish Greens would like the Scottish Parliament, led by the Standards, Procedures and Public Appointments Committee, to develop a robust and well-thought-through recall bill for MSPs. We will not support this bill today, but we would like the project to be taken up as early as possible in the next session of Parliament, with the aim of creating a bill that all parties in the Scottish Parliament can come together and support, in order to create a transparent and fair process for the recall of MSPs.