This blog provides a brief overview of the context to the introduction of the Scottish Elections (Representation and Reform) Bill and the proposed changes to electoral law set out in the Bill.
Background to the Scottish Elections (Representation and Reform) Bill
A Bill on reform of the devolved aspects of Scottish elections has been anticipated since 1 September 2021 when the Scottish Government and Scottish Green Party published their Shared Policy Programme. This Shared Policy Programme made commitments to:
- promote legislation on electoral reform that enables more people to stand as candidates at Scottish Parliament and local government elections and to improve the accessibility of elections, with a particular focus on people with sight loss.
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- work to increase voter registration and active participation in elections by under-represented groups, including non-UK citizens and young people.
Around the same time, the UK Parliament was beginning its consideration of the UK Elections Bill (now the UK Elections Act 2022). The UK Elections Bill proposed changes to electoral law across the UK that would also apply to devolved Scottish elections. On 1 February 2022, the Parliament agreed motion S6M-03009 which states:
That the Parliament agrees not to consent to the UK Elections Bill, as it is for the Scottish Parliament to legislate on electoral law in relation to Scottish Parliament and local government elections; notes that the Scottish Government intends to consult on a number of electoral reforms later in 2022 with a view to bringing forward legislation.
Following the legislative consent motion, the UK Government tabled amendments to remove the provisions in areas of devolved responsibility. In line with the timetable set out in the legislative consent motion, the Scottish Government launched its consultation on electoral reform in December 2022 and subsequently published its response to the consultation in October 2023.
Contents of the Bill
The Scottish Elections (Representation and Reform) Bill (“the Bill”) was then introduced on 23 January 2024 by the Deputy First Minister, Shona Robison MSP. The Minister in charge of the Bill is Minister for Parliamentary Business, George Adam MSP. The purpose of the Bill, as stated in the Policy Memorandum to the Bill, is:
to make a number of improvements to the law affecting Scottish Parliament and Scottish local government elections.
This blog summarises the proposed changes to electoral law under the following broad headings:
- Who can stand at election
- Campaign finance
- Running elections
- Election governance.
A SPICe briefing, covering the policy context and the provisions of the Bill in detail, is published on the Scottish Parliament Digital Hub.
Who can stand at election
As mentioned previously, the Scottish Government and Scottish Green Party Shared Policy Programme made a commitment to “promote” legislation that enables more people to stand as candidates in Scottish devolved elections (i.e., Scottish Parliament elections and local elections). The Bill proposes extending candidacy rights to foreign nationals with limited leave to remain (i.e., those individuals with permission to stay in the UK for a specified amount of time). This proposal was opposed by 77% of individuals responding to the Scottish Government consultation and favoured by 88% of organisations. The Policy Memorandum to the Bill acknowledges the opposition to the proposal and states:
In principle, the Scottish Government considers that all those able to vote in Scottish Parliament and local government elections should also be able to stand as candidates. It therefore considers that voters with limited leave to remain in the UK should be empowered to hold elected office, although it is acknowledged that this was not a favoured course of action amongst consultees.
Other proposed changes in the Bill pertain to who is disqualified from standing as a candidate in Scottish devolved elections. The Bill proposes extending the Elections Act 2022 disqualification order to prevent individuals who have committed certain offences and received such an order from being able to stand for election to the Scottish Parliament and Scottish local authorities. The Bill also proposes the creation of a new Scottish disqualification order which can apply to individuals found guilty of intimidating electoral workers.
Campaign finance
The Bill proposes changes to campaign finance law for devolved Scottish elections which mirror the provisions of the UK Elections Act 2022 in the following areas:
- Notional campaign expenditure (i.e., financial returns declaring the full value of goods or services given to candidates for free or at a discount)
- Third party campaigners (i.e., non-party individuals or organisations who campaign at elections but do not stand as candidates or political parties)
- Spending by overseas campaigners.
The Bill also proposes new provisions which would require a “digital imprint” on unpaid for electronic campaigning material stating the third party who has produced and promoted the material.
Running elections
The Bill proposes changes to the measures allowing for re-scheduling of Scottish elections in emergency situations. The Policy Memorandum to the Bill notes the changes are being proposed following the experience of running the 2021 Scottish Parliament elections during the Covid-19 pandemic. The proposals are to allow the Presiding Officer to propose an alternative date for a Scottish Parliament election or Scottish Parliament by-election in emergency circumstances. The Bill also contains proposals for the Convener of the Electoral Management Board for Scotland (the statutory committee with responsibility for coordinating local government elections) to postpone the date for an ordinary local election. Returning officers are also proposed to have similar powers to delay local elections or local by-elections in their respective local authority areas.
The Scottish Government and Scottish Green Party Shared Policy Programme also stated that it would work to increase voter registration and democratic engagement in devolved Scottish elections. The Bill proposes to do this by allowing the Electoral Management Board for Scotland, Electoral Registration Officers, and Scottish Ministers, as well as local authorities, to propose electoral pilots. Such pilots could test electoral innovations such as digital polling cards or accessible voting aids in small-scale schemes which, if successful, could then be implemented on a permanent basis by secondary legislation. The Bill also proposes giving Scottish Ministers a power to provide funding for activities intended to increase democratic engagement.
Election governance
The remaining parts of the Bill propose changes related to bodies involved in election governance and administration. These changes include a revision to the date by which Boundaries Scotland (an advisory non-departmental public body) must submit its review of local authority areas, wards, and numbers of councillors. The Bill also proposes changes relating to parliamentary scrutiny of the Electoral Commission’s activities in relation to Scottish devolved elections. Finally, the Bill proposes that the Electoral Management Board for Scotland becomes a body corporate and establishes a deputy convener post to support the convener.
What’s coming up in Stage 1?
The Standards, Procedures and Public Appointments (SPPA) Committee is lead committee for the Bill. In its first evidence session on 21 March 2024, the SPPA Committee heard electoral administrators’ views on the proposals relating to candidacy rights, the disqualification of candidates, election pilots, and the proposed change in legal status to the Electoral Management Board. The session is available on Scottish Parliament TV.
Evidence sessions are set to resume on the 28 March 2024 with SPPA Committee taking evidence on the Bill from the Electoral Commission and Boundaries Scotland.
Courtney Aitken, SPICe Research