A previous SPICe blog considered motions of no confidence and what happens when a First Minister of Scotland resigns. That blog also set out a timeline of the events in Scotland since the announcement on 25 April 2024 that the formal cooperation agreement between the Scottish Government and the Scottish Green Party was to end.
This blog details what happened in the Parliament when it selected a nominee for First Minister on 7 May 2024 and looks at the new Scottish Government led by First Minister, John Swinney MSP.
Selection of a nominee for First Minister
There were four MSPs nominated as candidates for First Minister – all leaders of their respective parties: Alex Cole-Hamilton MSP (Scottish Liberal Democrats), Douglas Ross MSP (Scottish Conservatives), Anas Sarwar MSP (Scottish Labour) and John Swinney MSP (Scottish National Party).
Neither co-leader of the Scottish Greens (Patrick Harvie MSP and Lorna Slater MSP) stood as a candidate.
As explained in more detail in a previous SPICe blog, each MSP is able to vote once in each vote and, as such, votes for their preferred candidate. MSPs who wish to abstain are then able to register their abstention from the vote.
The result of the Parliament’s vote to select a candidate for nomination as First Minister was:
MSP nominated | Votes |
Alex Cole-Hamilton | 4 |
Douglas Ross | 31 |
Anas Sarwar | 22 |
John Swinney | 64 |
Ash Regan MSP who is the only member of the Parliament for the Alba party voted for John Swinney. The MSPs in the Scottish Green Party abstained from the vote.
Given John Swinney MSP received an overall majority of the vote, he was selected as the Parliament’s nominee as First Minister.
Once the Parliament has selected a nominee as First Minister, the Presiding Officer makes a recommendation to His Majesty the King that the candidate be appointed as First Minister. The First Minister is appointed by Royal Warrant.
On Wednesday 8 May 2024, John Swinney MSP was sworn in as First Minister at the Court of Session in Edinburgh. This means that John Swinney is now officially the First Minister of Scotland and the Keeper of the Scottish Seal. The Lord President of the Court of Session, Lord Carloway, presided over the oath taking.
John Swinney MSP is the seventh First Minister of Scotland.
Appointment of a new Scottish Government
The Parliament agreed to motion S6M-13118 on Tuesday 7 May 2024, which put forward a revised business programme which allocated time on the afternoon of Thursday 9 May 2024 for the appointment of Scottish Ministers and junior Ministers.
Section 44 of the Scotland Act 1998 provides that the Scottish Government consists of the First Minister and other Scottish Ministers (now known as Cabinet Secretaries). The Law Officers – the Lord Advocate and the Solicitor General for Scotland are also members of the Scottish Government.
The First Minister is able to appoint Scottish Ministers, subject to the agreement of Parliament and approval by the King. This is provided for in section 47 (Scottish Ministers) and section 49 (Junior Scottish Ministers) of the Scotland Act 1998.
The Parliament approves any Ministerial appointment as set out in Standing Orders Rule 4.6 and Rule 4.7 for Junior Ministers (which applies Rule 4.6 allowing for “such modifications as are appropriate”). Rule 4.6.4 of the Standing Orders states that the result is only valid if:
the number of members who voted is more than one quarter of the total number of seats for members. In calculating the number of members who have voted for this purpose, account shall be taken not only of those voting for or against the motion but also of those voting to abstain.
The new Scottish Government
On Wednesday 8 May, it was announced that Shona Robison MSP had tendered her resignation as Deputy First Minister to the First Minister, but would stay in the Cabinet. Kates Forbes MSP was appointed as Deputy First Minister.
There had been speculation that the First Minister may reduce the size of the Cabinet and number of junior Ministers. Under First Minister Humza Yousaf there were 9 Cabinet Secretaries, 16 junior Ministers (there had been 18 junior Ministers, including two from the Scottish Green party, when the Bute House cooperation agreement was in place), and the two Law Officers.
The new Scottish Government led by First Minister, John Swinney, has 10 Cabinet Secretaries. The only addition to the previous Cabinet being Kate Forbes MSP as Deputy First Minister and Cabinet Secretary for the Economy with responsibility for Gaelic. The Economy portfolio previously sat with the Cabinet Secretary for Wellbeing Economy, Net Zero and Energy, Màiri McAllan MSP. Ms McAllan remains in the Cabinet with responsibility for Net Zero and Energy.
Former Deputy First Minister, Shona Robison MSP remains in Cabinet keeping on responsibility for finance with the addition of local government.
Neil Gray MSP remains on the Health brief with a change to his role from Cabinet Secretary NHS Recovery, Health and Social Care to Cabinet Secretary for Health and Social Care.
The Parliament will be asked to approve the Ministerial positions on Thursday 9 May 2024.
The infographic below sets out the Cabinet Secretaries who will serve in the Scottish Government led by First Minister John Swinney. The infographic also indicates the previous office holder.
The Cabinet will also be supported by 14 junior Ministers, including Ivan McKee MSP who is the only new Minister (Mr McKee has previously held Ministerial office). George Adam MSP, Joe FitzPatrick MSP and Emma Roddick MSP have all stepped down.
The infographic below shows the Cabinet and Ministerial team and how they are aligned.
Sarah McKay, SPICe research