Dual mandates in the Scottish Parliament

Overview

The Scottish Elections (Representation and Reform) Bill was passed unanimously on 17 December by the Scottish Parliament. It places a duty on Scottish Ministers to bring forward regulations which:

• must have the effect of prohibiting Members of the Scottish Parliament (MSPs) from holding dual mandates in the House of Commons or the House of Lords
• may make provision prohibiting MSPs from holding dual mandates as Councillors

This consultation seeks views on the principles and practical issues of ending dual mandates.

You will wish to note that this paper uses “Peer” here as a short-hand for member of the House of Lords. Not every person entitled to a peerage is entitled to be a member of the House of Lords. Since the coming into force of the House of Lords Act 1999 only 92 hereditary peers are permitted to be members of the House of Lords at once.

Introduction

During the second stage of the Scottish Elections (Representation and Reform) Bill in autumn 2024, the issue of whether dual mandates in the Scottish Parliament should be allowed was raised. Dual mandates is the term used to describe the scenario of MSPs also holding a seat in the House of Commons (MPs), House of Lords (Peers) or representing a ward in their local council (Councillors), in addition to their seat in the Scottish Parliament.

There are varying views as to whether dual mandates should be permitted. On one hand, some believe that dual mandates can strengthen links between different legislatures or allow a stronger connection to be built between local constituents and their representative. On the other hand, dual mandates have also been described by some as unfair on constituents, who may not receive full time representation from an elected representative undertaking dual roles.

The Committee on Standards in Public Life’s 2009 report on MPs’ Expenses and Allowances: Supporting Parliament, safeguarding the taxpayer, examined the issue of dual mandates and recommended:

that the practice of holding dual mandates in both the House of Commons and the devolved legislatures should be brought to an end as soon as possible. Ideally that would happen by the time of the scheduled elections to the three devolved legislatures in May 2011, or failing that by 2015 at the very latest. 

At present, there is no legislation which prohibits an MSP from also undertaking another role as an MP, Peer or Councillor. There are currently no MSPs also sitting as an MP or Councillor.

In the current Scottish Parliament, one Peer is sitting as an MSP, Katy Clark MSP, but Ms Clark has taken a leave of absence from the House of Lords so is not performing both roles at the same time. Despite the current position, dual mandates have occurred at various times in the Scottish Parliament’s history.

Parliamentary consideration

A number of amendments were debated at Stage 2 of the Bill on this issue. The Scottish Government’s position was that, because the issue had not been subject to consultation or evidence-taking, its preference was for a public consultation to be carried out before any legislative change was made.

That approach was accepted by the Parliament at Stage 2 and further amendments were made to the Bill at Stage 3 requiring the Scottish Government to bring forward regulations on dual mandates for certain categories at a later date.

It is Scottish Government policy not to make any changes to electoral law within 6 months of an election in which that new law would apply, to ensure any new provisions in relation to elections are in place in good time. This is one of the Gould Principles. 

To apply this policy, the Scottish Government intends to lay the proposed regulations on dual mandates in autumn 2025, informed by the responses to this consultation, in time for the next scheduled Scottish Parliament election in May 2026. The regulations will be scrutinised by the Scottish Parliament under the affirmative procedure and will only come into effect if the Scottish Parliament approves them. 

Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.

Why your views matter

The position agreed by the Scottish Parliament in 2024 allows for a consultation to be carried out before Parliament is invited to agree to prohibit dual mandates for MSPs who are also MPs or Peers, and to consider whether provision should also be made in respect of MSPs who are also Councillors.

This consultation therefore seeks views on ending the practice of dual mandates in the Scottish Parliament, particularly on the technical aspects which should be considered, such as appropriate grace periods before an automatic disqualification occurs.