Chamber
Plenary, 24 Jan 2007
24 Jan 2007 · S2 · Plenary
Item of business
Scottish Parliament (Disqualification) Order 2007 (Draft)
I begin by highlighting the unusual nature of this item of business, which relates to a wholly reserved matter that must, under the Scotland Act 1998, be considered by Parliament at 5 o'clock tonight. Members may have noted that the draft order is a statutory instrument, which means that a minister of the Crown will advise Her Majesty on the making of the order.
However, by virtue of schedule 7 to the Scotland Act 1998, it falls to me to invite Parliament to approve the draft order before it is made by Her Majesty in council. As members may be aware, the act sets out the circumstances in which a person is disqualified from becoming a member of this Parliament. Certain categories of people are disqualified automatically, including judges, civil servants, members of the armed forces and members of foreign legislatures.
In addition, section 15 provides an order-making power to disqualify specified office-holders from membership of the Scottish Parliament. The most recent order that was made under that power took effect in advance of the 2003 elections. That order is in need of updating to take account of developments since then, in particular the creation of new bodies and the abolition of existing ones. The order that is before us today will ensure that proper account is taken of those developments.
I turn to the policy intention of the order, which is clear. If a person holds an office that
"would take up too much time or otherwise prevent an MSP from attending Parliament",
they should not stand for election. I wrote to the leaders of the main political parties about the policy intentions of the order prior to Christmas. I received no responses to those letters, which I take to indicate a positive consensus in Parliament on the issue. Cross-party support is welcome.
However, by virtue of schedule 7 to the Scotland Act 1998, it falls to me to invite Parliament to approve the draft order before it is made by Her Majesty in council. As members may be aware, the act sets out the circumstances in which a person is disqualified from becoming a member of this Parliament. Certain categories of people are disqualified automatically, including judges, civil servants, members of the armed forces and members of foreign legislatures.
In addition, section 15 provides an order-making power to disqualify specified office-holders from membership of the Scottish Parliament. The most recent order that was made under that power took effect in advance of the 2003 elections. That order is in need of updating to take account of developments since then, in particular the creation of new bodies and the abolition of existing ones. The order that is before us today will ensure that proper account is taken of those developments.
I turn to the policy intention of the order, which is clear. If a person holds an office that
"would take up too much time or otherwise prevent an MSP from attending Parliament",
they should not stand for election. I wrote to the leaders of the main political parties about the policy intentions of the order prior to Christmas. I received no responses to those letters, which I take to indicate a positive consensus in Parliament on the issue. Cross-party support is welcome.
In the same item of business
The Deputy Presiding Officer (Trish Godman):
Lab
The next item of business is a debate on motion S2M-5442, in the name of George Lyon, on the draft Scottish Parliament (Disqualification) Order 2007.
The Deputy Minister for Finance, Public Service Reform and Parliamentary Business (George Lyon):
LD
I begin by highlighting the unusual nature of this item of business, which relates to a wholly reserved matter that must, under the Scotland Act 1998, be con...
Alasdair Morgan (South of Scotland) (SNP):
SNP
Will Mr Lyon give way?
George Lyon:
LD
I will make a little headway first. I know that the deputy leader of the Scottish National Party agrees with me, as she has repeatedly stated on the record t...
Alasdair Morgan:
SNP
As Mr Lyon is speaking in his capacity as a Government minister, I hope that he will confirm that the powers under the Scotland Act 1998 from which the order...
George Lyon:
LD
I can confirm that that is correct. I am talking about the general principles behind the order.It is clear that someone who is expected to work in London unt...
Alasdair Morgan (South of Scotland) (SNP):
SNP
I suppose the best that we could say about that speech is that it was well read. I shall take no lessons on general principles from members of the Liberal De...
Nora Radcliffe (Gordon) (LD) rose—
LD
Alasdair Morgan:
SNP
I am not giving way.Is this the same Liberal party that thought that Donald Gorrie and Jim Wallace—and Andrew Arbuckle—could do two jobs at the same time? I ...
George Lyon rose—
LD
Alasdair Morgan:
SNP
No, no. We heard more than enough from Mr Lyon during his allocated time.In his challenge, Mr Bruce says that"the new law would ban MSPs from holding two job...
Alex Johnstone (North East Scotland) (Con):
Con
When I was nominated to speak in the debate, the first thing I did was look up the debate from four years ago so that I could see what it was all about. Havi...
George Lyon:
LD
This has certainly been an interesting debate. Usually, my good colleague and friend, Mr Morgan, is a calm, collected and level-headed gentleman in debates. ...
The Deputy Presiding Officer:
Lab
Order.
George Lyon:
LD
Those people should have someone who is willing to offer their full attention, full time for the full term.I ask members to lend their support by approving t...