Articles

Canadian and German elections put contrasting voting systems in the spotlight

Upgrade Holyrood’s Richard Wood has written a new article for Politics.co.uk (published 9 September 2021), highlighting the upcoming German and Canadian elections and the need for Proportional Representation in the UK.

The full article can be read here: Canadian and German elections put contrasting voting systems in the spotlight.

Two leading democracies go to the polls later this month, both facing far from certain outcomes. The end of the Merkel era places Germany at a crossroads with a diverse range of multi-party coalitions on the table. Meanwhile, Canada’s election is Justin Trudeau’s gamble to turn his minority government into a majority one, despite polls suggesting this could backfire and hand power to the country’s Conservatives.

Held within a week of each other, these elections are two very different interpretations of democracy due to their contrasting electoral systems. They show how the UK has two possible futures ahead. The Canadian route, based around First Past the Post (FPTP), typifies just a semi-representative democracy. And the German route, based around Proportional Representation (PR),which ensures an accurate link between votes cast and seats won.

Richard Wood (2021)

The Scottish Parliament should introduce a recall system for MSPs

When it comes to democratic processes, there’s a lot that Westminster can learn from Holyrood but there’s one really obvious improvement Holyrood can make by learning from Westminster.

Despite being stuck in the past, with its unrepresentative voting system, the undemocratic House of Lords and much more, the introduction of a recall process at Westminster was a welcome innovation that has made British democracy more accountable.

Westminster’s recall system was introduced in 2015 by the coalition government. The Recall of MPs Act (2015) provides three circumstances where a recall petition can come into force. If any MP recieves a custodial prison sentence, is suspended from the House or is convicted for providing false or misleading expenses claims, then a recall petition is triggered.

If this happens to an MP, their constituents will be able to sign a petition and if 10% of constituents sign in the set time period, then a by-election will be triggered.

There is no similar provision for MSPs in Scotland despite calls for a recall mechanism during the last parliament.

Only two parties called for the introduction of a recall process during the last election – the Lib Dems and the Conservatives. Here’s what they said:

Scottish Liberal Democrats“Continue to call for the introduction of a recall system for elected
representatives.”

Scottish Conservatives “At Westminster, there are clear rules around recall, allowing a by-election to take place in certain circumstances, but no such rules exist for MSPs. We will introduce Mackay’s Law, allowing the
public to recall MSPs who have broken the law, grossly undermined trust or cailed to contribute to Parliament for more than six months. This will mean that Scotland will never again face the scandal of a disgraced former minister remaining an MSP, earning over £100,000 and failing to represent his constituents.”

READ MORE: Tory MSP calls for better Proportional Representation at Holyrood

That there have been six years since the introduction of the recall process at Westminster gives an opportunity to learn from the legislation in London – as well as from elsewhere.

The House of Commons system ensures that constituents can’t just recall politicans for any reason. There are clearly defined routes to recall – sensibly setting boundaries although there is room for expansion – that can be adapted for the Scottish Parliament.

The case for a recall system is as simple as it is obvious. MSPs who bring the Scottish Parliament into disrepute have no place in the chamber. The exact reasons that would lead to a recall petition (and potential by- election) would need defined but those outlined for MPs at Westminster, as well as the detailed reasons offered in the Scottish Conservative manifesto clearly highlight the need for a such a system. The fact that MSPs can break the law or not turn up to work and keep their job is a democratic outrage. The Scottish Parliament needs to learn from Westminster and adopt a recall process.

Scottish democracy needs an upgrade and the introduction of a recall system would help do just that.

READ MORE: 5 reasons to ban dual mandates

However, there is one practical stumbling block to the introduction of a recall rule. It is worth considering the two different types of MSP at Holyrood (although Upgrade Holyrood supports switching from AMS to a more representative electoral system). Recall would ultimately lead to a by-election for any MSP elected in a single seat constituency, however, the route to recall would be more complex for a regional MSP.

There are some solutions but the answer is far from obvious:

A region-wide by-election (a fascinating prospect but one that throws up questions about the very nature of the Holyrood voting system).

A decision taken by the party that the MSP belongs to over whether to remove the MSP and let the next candidate in the list taking up the post (however, this would give a significant amount of power to parties and take away the electorate’s option to have their say).

A parliamentary vote of confidence. If the MSP loses then they would be expelled from parliament. The next candidate on that party’s list would then take their seat. This might be the most sensible option but there would need to be significant checks to ensure that it wouldn’t be abused.

The correct answer to this is unclear (and there would be similar questions if Scotland adopts the Single Transferable Vote of an Open List PR system with levelling seats), however, introducing a recall mechanism would ultimately improve Scottish democracy.

It’s time to introduce a recall rule. Let’s learn from Westminster and adopt a recall system to improve Scottish democracy.

READ MORE: 12 reasons why the UK needs Proportional Representation

READ MORE: 8 Scottish Liberal Democrat 2021 manifesto pledges to improve democracy

The MSPs who hold dual mandates following the 2021 election

By Richard Wood

UPDATE JUNE 2024: All MSP-councillors resigned their local authority roles either at the 2022 local elections in 17 cases or within weeks of election to the Scottish Parliament in the case of Karen Adam MSP. Due to the 2024 UK General Election, Douglas Ross is no longer an MP although he is seeking re-election to Westminster on 4 July. Katy Clark is on a leave of absence from the House of Lords.

The term dual mandate refers to the situation where a politician holds two elected positions. For example, this can include an MP that is also an MSP or an MSP who is also a councillor. Although unelected, members of the House of Lords with additional mandates are also included in this categorisation.

Dual mandates are ultimately unfair on constituents. Citizens in a democracy deserve full-time representatives not part-timers. The practice has been banned for Members of the European Parliament, as well as for Members of the Welsh Parliament and for the Northern Ireland Assembly.

Upgrade Holyrood has outlined the main reasons against dual mandates here.

Dual mandate holders have existed in every Scottish Parliament. The SNP, Conservatives, Labour and the Lib Dems have all been guilty of this practice, and while parties have moved away from supporting it at a parliamentary level (that is to say dual mandate MSP-MPs), the current Scottish Conservative leader Douglas Ross currently holds both roles having gone into the 2021 election with the explicit intention of holding a dual mandate.

READ MORE: Patterns of dual mandates in the Scottish Parliament since 1999

After the 6 May election, there were at least 16 dual mandate holders. A full list of these MSPs is included below although the information may be incomplete.

The vast majority of dual mandates holders elected on 6 May 2021 are MSP-councillors with the exception being Douglas Ross (also and MSP) and Katy Clark (a member of the House of Lords, who has since suspended her membership of Westminster’s upper chamber).

As discussed elsewhere on this site, with council elections one year away and councillors only part-time positions, there is less of a case for abolishing dual mandates than there is for MSP-MPs. However, they are still somewhat problematic and should be addressed in some form. It appears that only one MSP-Councillor has resigned from their council role since the 2021 election.

All the dual mandate holders are newly elected MSPs who gained their dual mandate status upon election to the Scottish Parliament in May.

READ MORE: Polling suggests most Scots oppose dual mandates and second jobs for politicians

Dual mandate holders since the 2021 Scottish Parliamentary election

Karen Adam (SNP) – newly elected MSP for Banffshire and Buchan coast. Upon election as an MSP she was a councillor for the Mid-Formartine ward for Aberdeenshire Council. At the end of May 2021, she announced her resignation as Councillor. A by-election will be held on 19 August. Adam appears to be the only MSP to have resigned her council role.

Siobhian Brown (SNP) – newly elected MSP for Ayr. Elected in 2017 as a Councillor for Ayr West (South Ayrshire Council). She is still listed on the council website as a councillor and there has been no news about a resignation (as at 9 August 2021)

Stephanie Callaghan (SNP) – MSP for Uddingston and Bellshill and councillor for Hamilton North and East ward on South Lanarkshire Council. Currently holds a dual mandate (as at 9 August 2021).

Katy Clarke (Lab) – MSP for West Scotland and member of the House of Lords. Clarke declared that she would stand down from the House of Lords if elected as an MSP. She is still listed as a life peer on the official Parliment website. This implies that she remains a peer but won’t be attending any meetings of the House of Lords.

Update (2 February 2022): Katy Clark has taken a leave of absence from the House of Lords, meaning while she was elected as an MSP with a dual mandate she no longer technically holds one.

Baroness Clark of Kilwinning’s full title is The Baroness Clark of Kilwinning. Her name is Katy Clark, and she is currently on leave of absence from the House of Lords.

House of Lords – Source

Natalie Don (SNP) – MSP for Renfrewshire North and a councillor for Renfrewshire (Bishopton Bridge of Weir and Langbank). Don remains a councillor according to the council’s website.

Jackie Dunbar (SNP) – MSP for Aberdeen Donside and Aberdeen City councillor. Dunbar remains a councillor and has said she will donate her councillor salary to charity.

Meghan Gallacher (Con) – MSP for Central Scotland and North Lanarkshire councillor. She remains a councillor according to the council website and her Twitter page.

Craig Hoy (Con) – MSP for South Scotland and Cllr for Haddington and Lammermuir Ward. He remains a councillor according to his Twitter and the council website.

Douglas Lumsden (Con) – MSP for North East Region and Councillor for Aberdeen City Council (Airyhall, Broomhill and Garthdee). He has said he will remain a councillor to avoid the cost of a by-election and that he will donate his council salary to charity.

Michael Marra (Lab) – MSP for North East and Dundee City councillor for Lochee ward. He remains a councillor according to the council website and his Twitter page.

Paul McLennan (SNP) – MSP for East Lothian and Councillor for the Dunbar and East Linton ward (East Lothian council). McLennan remains a councillor according to the council website.

Audrey Nicoll (SNP) – MSP for Aberdeen South and North Kincardine and Aberdeen City Councillor for the Torry/Ferryhill ward. She won her council seat in a 2019 by-election and remains a councillor.

Paul O’Kane (Labour) – MSP for West Scotland and Councillor for Newton Mearns North & Neilston (East Renfrewshire). Currently holds a dual mandate.

Emma Roddick (SNP) – MSP for Highlands and Islands and Inverness Central councillor (Highland Council). Roddick won her council seat and remains a councillor.

Douglas Ross (Conservative) – MSP for the Highland region and MP for Moray. Ross currently holds both roles and is the only MSP-MP dual mandate holder.

Colette Stevenson (SNP) – MSP for East Kilbride and South Lanarkshire councillor. Stevenson remains a councillor.

READ MORE: 5 REASONS TO BAN DUAL MANDATES

Elected mayors in Scotland: is now the time for Aberdeen’s Andy Burnham?

By Richard Wood

The elections of May 2021 were dubbed as “super Thursday” due to the sheer number of votes that took place across the UK. In addition to the 129 MSPs elected in Scotland, Wales voted for a new Welsh parliament, London got a new assembly and thousands of local councillors were elected right across England. Voters in England also voted for new Police and Crime Commissioners as well as directly elected executive mayors.

Compared to the messy English system of local government (with mayors, unitary authorities, parish councils and more), Scotland’s local government is slick and easy to understand. Next year Scottish voters will be going to the polls to vote for councillors in 32 local authorities using the Single Transferable Vote. There’s a lot wrong with Scottish local governance but complexity isn’t it.

Upgrade Holyrood supports more powers for local authorities and has welcomed proposals to improve the system. Ballot Box Scotland’s blueprint is a fascinating and coherent suggestion to revitalise local democracy and empower communities in all corners of Scotland. But what about the possibility of introducing directly elected executive mayors (DEEMs) like in the England? Could the introduction of mayors invigorate Scottish local government?

It’s an intriguing prospect. Andy Burnham, a possible future Labour leader, has filled his boots as Mayor of Greater Manchester and has become a clear, local champion for the area. A directly elected mayor in Aberdeen or Dundee could play a similar role, pulling the political gravity away from the dominant central belt. The ability to give a face to a local political force, as well as the creation of one clear accountable individual for local issues, would be the main advantage of any reform.

But a directly elected executive mayor would fundamentally alter the nature of local democracy in Scotland.

Upgrade Holyrood strongly supports better representative democracy hence the support of Proportional Representation for Westminster elections, as well as better PR for Holyrood elections.

READ MORE: 12 Reasons to support Proportional Representation

Directly elected executive mayors would somewhat clash with these principles. Current council executives are derived from agreements made by parties who together make up a majority of seats. The executive is usually multi-party thanks to the Single Transferable Vote.

Directly elected executive mayors would put an incredible amount of power in the hands of one person (and party). Such mayors are very much in the tradition of majoritarian democracy which limits their ability to fairly represent all in government. Diversity of opinion is important and while an elected mayor could listen to other parties their input would be limited.

These are largely the same arguments against a directly elected executive president. Such roles are ultimately one-seat constituencies that consolidate power in far too concentrated a place.

That said, while there are significant risks with introducing such mayors, they could still be an effective democratic tool in Scottish local government.

Crucially, if such proposals were to be seriously considered by any future Scottish government, there are three principles that they should adhere to in order to retain good representative democracy and weaken risks associated with majoritarian structures of government.

READ MORE: How do Scotland’s political parties view the monarchy and the prospect of a republic?

The first is the principle of consent. Any proposals for directly elected executive mayors in say Edinburgh or Glasgow should be ratified by the people that the decision would affect. In practical terms this would amount to local referenda. As an aside there would be an intriguing dynamic if say Edinburgh voted for a directly executive elected mayor while Glasgow rejected such a proposal.

The second is the principle of ensuring widespread support for any successful mayor. In order to be as representative as possible, the most effective way to elect a single-member seat for a single-member institution (such as a local mayor or national president) is one that ensures the winner has majority support. While this does not ensure that every voice is represented in the executive role (which can only be done in multi-member positions), it does maximise representation and strengthens the legitimacy of any elected mayor.

What this means is that the voting system used to elect directly elected mayors should not be First Past the Post. The Home Secretary’s proposals to replace the Supplementary Vote with FPTP for mayoral elections is an absolute travesty that should be fiercely opposed. Elected mayors should have broad support – First Past the Post very clearly does not provide this. However, the Supplementary Vote is not much better. It ensures broader support than FPTP but tactical voting and speculation are embedded into it.

Any elections for DEEMs in Scotland should use a better system. One option would be a two-round system. Voters back their favourite candidate with an ‘X’ and if no candidate wins 50%+1 of the vote then all but the top two candidates advance to a second round. Voters then return to the polls at a second date to select their mayor. This system is used for French presidential elections, as well as for non-executive presidential elections around Europe. It ensures broad support, however, it has numerous problems. The first is that it’s time consuming and turnout can vary in different rounds – local government turnout is so low any way, this is probably not the best approach. The second fault of this system is that when multiple candidates do well enough in the first round, say 8 candidates each get around 10% of the vote. The top two could be ideologically very similar and both advance to the next round. This is a problem if the other six candidates have completely different views.

The best approach to electing any directly executive mayors is therefore an instant run-off system, which would be the Alternative Vote or STV with a district magnitude of one. Under this system, mayors will achieve broad support as voters rank candidates in order of preference.

The third principle is that local councils should not end up as glorified, sentient rubber stamps. That is to say that while DEEMs would render local councils solely legislative bodies, separating the executive from the legislature, they should be able to actively input into the mayor’s agenda and provide high levels of scrutiny. How this would work in practice is not my area of expertise but there are lessons to be learnt from countries around the world where executives are separately elected from the legislature.

Introducing directly elected executive mayors into Scottish democracy would drastically alter the nature of representative democracy in Scotland, which has trended away from majoritarianism. The broadly proportional Scottish Parliament and the 2007 switch to STV for local councils demonstrates this. That said, the suggestion is an intriguing one and could potentially enhance Scottish local democracy – but only with strict controls to ensure representative democracy and multiparty input.

Directly elected executive mayors are not actively supported by Ugrade Holyrood but the prospect is one to examine further.

READ MORE: About Upgrade Holyood

Scottish Tory Murdo Fraser supports electoral reform at Holyrood

By Richard Wood

Scottish Conservative MSP Murdo Fraser has voiced his support for electoral reform of the Scottish Parliament in an article for the Scotsman (published 2 June 2021).

Conservative support for a switch from First Past the Post to PR at Westminster is generally limited – as is Conservative support for a more proportional system at Holyrood. Murdo Fraser’s support for change is welcome although it is worth noting he has not clarified if he supports PR at Westminster. But based on his opposition to distorted electoral outcomes, he should really be consistent in his thinking and support PR at all levels.

Fraser’s arguments for reform at Holyrood are broadly in-keeping with the arguments for reform made by Upgrade Holyrood – albeit in much more party politically-charged language (not to mention the constitutional question).

That said, this is a welcome move from Fraser who is only in his position thanks to the proportional element of Scotland’s voting system.

The Additional Member System used for Holyrood elections is far more representative than FPTP used at Westminster. Under AMS, seats broadly reflect votes but it isn’t perfect.

READ MORE: 12 reasons to support Proportional Representation

AMS has a number of flaws, many of which Murdo Fraser rightly highlights. These include the opportunity for parties to “game the list” (ultimately distorting overall representation), the ratio between constituency MSPs and regional MSPs, two classes of MSPs, limited voter choice and the lack of national proportionality.

There is an opportunity to build a coalition for change at Holyrood. But the question is what system would be best?

One alternative would be a moderate change: making AMS more closely resemble the system used in Germany by having levelling seats so that overall seats reflect regional vote shares. This could also incorporate an open-list element like in Bavaria.

Murdo Fraser posits this option:

“The issue of patronage could be resolved by the introduction of “open lists”, whereby it would be the voters in a particular region who would determine which party list candidates were elected, rather than the individual party machines. This reform would be beneficial in allowing more independently-minded MSPs to be elected, rather that those who simply slavishly follow the party line.”

Murdo Fraser MSP (2021)

However, this would merely be a sticking-plaster approach and could bring problems of its own like an overpopulated legislature as seen in Germany’s Bundestag.

Adopting the Single Transferable Vote or a full PR system (with multiple constituencies, levelling seats and open lists) would be better alternatives. Murdo Fraser even goes as far as saying there should be a fundamental review of the current arrangement, clearly highlighting the Single Transferable Vote as an alternative to AMS.

An alternative approach would be to replace the AMS system entirely by introducing single-transferable vote (STV) for Holyrood with multi-member constituencies returning five to seven MSPs.

This would deliver a high degree of proportionality, reduce party patronage, end the two-tier system of parliamentary representation, and still retain the local link for those elected.

Murdo Fraser (2021)

Murdo Fraser’s intervention shows that there is an opportunity to upgrade the electoral system at Holyrood. Only the Scottish Lib Dems supported electoral reform (STV) in their 2021 manifesto although the SNP do favour the system in general. The Greens have backed the system in the past but are now more in favour of Open List PR.

There would be a major political challenge for the Scottish Conservatives if they backed STV at Holyrood (if they continue to defend FPTP at Westminster) but the movement for reform at Holyrood is growing.

READ MORE: Upgrade Holyrood joins Make Votes Matter’s Proportional Representation Alliance

Murdo Fraser will in time have to respond on his views about Westminster if he continues to push the line for change at Holyrood. If he comes out in favour of PR that’s great news for campaigners and if he doesn’t then it exposes a major hypocrisy that can be easily challenged.

Upgrading Scotland’s electoral system ahead of the 2026 election is a strong possibility. But the campaign for reform must begin now.

You can read more about the flaws of AMS and the alternatives here.

READ MORE: 5 reasons to support the Removal from Office and Recall Bill

How proportional was the 2021 Scottish Parliament election?

The final Scottish Parliament results came in on Saturday night after a roller-coaster two-day count (please let’s never have that again!). The Scottish Parliament was created with a broadly proportional voting system to ensure that seats match votes but how proportional was the election?

The Additional Member System (AMS) ensures that the link between seats and votes is far more representative than Westminster’s First Past the Post (FPTP).

A good voting system should have a strong link between votes and seats. That a party can win a majority on 43% of the vote (2019) – let alone 35% of the vote (2005) – is a clear sign that First Past the Post fails to facilitate proper representative democracy. There are a number of ways to measure how representative an electoral system is but the most widely-known method is the Gallagher Index. There is no need to go in the maths behind it here but a low Gallagher Index score shows good proportionality while a higher one indicates bad proportionality.

The Gallagher Index scores for the previous Scottish elections, according to Electoral Reform Society calculations, are shown below.

1999: 8.5, 2003: 8.2, 2007: 9.1, 2011: 8.6, 2016: 6.2

On their own the Gallagher index scores do not how much but compared to UK election scores we can see that the Scottish Parliament is far fairer than First Past the Post used at Westminster. Take the 2015 election for example, which had the Conservatives win a majority on 37% of the vote and UKIP winning 13% of the vote but only one seat. The Gallagher score on that occasion was 15, with all other elections since 1974 having Gallagher indices with double digits.

The 2016 election was therefore the most proportional since the advent of devolution in 1999 but what about the most recent 2021 election? Upgrade Holyrood’s own 2021 Gallagher index calculations gets a figure of 7.8, making the 2021 election the second most proportional election since 1999. (Update: Ballot Box Scotland has a figure of 7.3 so I will need to revisit my calculations but either way we’re in the same rough area).

This can be seen from the performances of each party: SNP (regional vote share 40.3%, seat share 49.6%), Scottish Conservatives (23.5%, 24%), Scottish Labour (18%, 17.1%), Scottish Greens (8.1%, 6.2%) and the Scottish Lib Dems (5.1%, 3.1%). Overall, this is broadly proportional although the SNP outperform due to their constituency dominance.

As mentioned, the Additional Member System, despite being far more representative in terms of proportionality than First Past the Post, has its flaws. Alba’s plan to game the system, by explicitly calling on voters to vote SNP in constituencies and Alba on the list, shows one clear fault: the risk of so-called satellite parties standing in the regions with an explicit intention of artificially exaggerating the support of one party. Had a supermajority materialised, the Gallagher index would likely have rivalled UK election scores. The same goes with All for Unity which had a similar strategy for unionist voters.

READ MORE: Salmond’s Alba venture exposes Scotland’s voting system flaws

The system may not have been successfully gamed by Alba on this occasion but the party has certainly exposed a key flaw of the system, highlighting the need for reform.

This is compounded by the fact that AMS is far from perfect in other aspects. The ratio of constituency to regional seats creates a constituency bias – a party could win a majority on constituency seats alone on less than half the vote (the SNP were three away from doing so in 2021). The version of AMS in Wales is even worse in this respect with 40 constituency seats and 20 regional ones. Mark Drakeford’s Welsh Labour won 30 seats but on less than 40% of the vote.

Furthermore, there is no direct mechanism to ensure national proportionality. Measures to ensure regional proportionality accumulate to deliver broadly nationally proportional results, however, they stop short of explicitly doing so.

In addition to that, another problem of AMS is the continued existence of FPTP seats which encourages tactical voting. Tactical voting will always happen in any system to some degree, but as many people as possible should be able to vote for their first choice, not their least favourite option.

Lastly, voters have limited choice over candidates within different parties – the list component of AMS ensures better overall representation but the fact that it is closed means that voters get what parties present. There are other flaws too which can be read about here.

It cannot be said enough that AMS is an improvement on FPTP. The UK needs proroportional representation. AMS results are broadly proportional and constituents are represented by a diverse range of parties but that doesn’t mean there are not better alternatives.

A sticking plaster approach to improving on AMS would be to retain the current system and add levelling seats like in Germany to ensure that seats overall match the regional vote. This would improve proportionality but voters are unlikely to support more politicians. An open-list element could be added to the regional list which would ensure voter choice like on Bavaria. In theory this would be an excellent improvement but adding a potential third ballot risks complicating things.

A better alternative would be the Single Transferable Vote, which would involve multi-member constituencies where voters rank candidates by order of preference. STV would deliver proportional outcomes while give voters a significant amount of power over candidates and parties. It is currently supported by the SNP, Lib Dems and Greens, as well as leading reform groups such as the Electoral Reform Society.

There is also the less talked about system of open-list PR with levelling seats, which is used in the likes of Denmark, Iceland and Sweden, and is advocated by Ballot Box Scotland (who has been an invaluable resource during the 2021 election it must be said!). Under such a system there would be multi-member systems where voters choose one party but get to vote for candidates within that party. Once seats are distributed there would then be a mechanism to allocate additional seats to ensure proportional outcomes overall.

Overall, the 2021 Scottish election delivered a broadly proportional outcome, which should be commended. the fact that Westminster still uses First Past the Post is a travesty, putting us at odds with most democracies. That said we should learn still from the flaws exposed from the likes of Alba and All for Unity and reform Scotland’s voting system for the better.

‘Ending dual mandates’ paper released

Upgrade Holyrood’s paper on ending dual mandates in Scotland was published on 30 April 2021. The full report can be downloaded below.

The term “dual mandates” refers to the situation where one individual simultaneously holds two (usually elected) political roles. Since the advent of devolution in 1999 (and before that with local authority representatives), dual mandates have been a consequence of Scotland’s multi-layered government. A dual mandate holder in Scotland is anyone who simultaneously holds mandates for the Scottish Parliament, the House of Commons, the House of Lords or local councils.

While the number of dual mandate holders has been limited since the 2016 Scottish Parliament election, the commitment by Scottish Conservative leader Douglas Ross to hold a dual MSP-MP mandate if elected at the 2021 election puts the issue into the spotlight. Similarly, the intentions of Alba MPs Kenny MacAskill and Neale Hanvey to do the same have further brought the issue into mainstream political discourse. Many countries and pan-national organisations around the world have in recent years have addressed dual mandates with restrictions in various reforms.

Restrictions in Wales and Northern Ireland make Scotland the only devolved nation where MPs can also hold a second mandate in a devolved administration. The European Parliament banned dual mandates in 2002 and even France, which has a widespread culture of dual mandates, has introduced recent restrictions to address the issue.

The central problem with dual mandates is one of two connected parts. Firstly, an individual elected in one role to one legislative body with a specific set of responsibilities should give all their time and energy to that position. To do otherwise is unfair on constituents and may create conflicts of interest, and even opportunities for corruption.

Secondly, there are related practical considerations. In the case of MSPs, MPs and often Lords, these are full-time (not to mention well-paid) positions. Constituents deserve full-time representatives. It is impossible to expect an MSP-MP to commit the same amount of time and energy to each role that they would do for just one of the positions. Not to mention the challenges of being in Holyrood, Westminster, and one’s constituency. Dual mandates present an insurmountable logistical challenge.

READ MORE: 5 reasons to ban MSP-MP dual mandates

To ensure fair and efficient representation, dual mandates should be restricted in Scotland. Scotland could follow Wales and Northern Ireland (by banning dual mandates with some practical exceptions) or else introduce a ban on candidacy for existing representatives (like in Canada).

A simple ban on representatives taking their seats in a different legislative body while holding another mandate (like in the European Parliament) offers another approach. A model based on the approach taken in Northern Ireland would likely be the best approach for Scotland, but the decision will ultimately be up to legislators after hearing from stakeholders at all levels of governance in Scotland as well as empirical evidence and analyses from experts.

Whatever form they take, restrictions on dual mandates are necessary to build a fairer, efficient, and ultimately more representative Scottish democracy.

READ MORE: Patterns of dual mandates in Scotland since 1999

Polling suggests most Scots oppose dual mandates and second jobs for politicians

A new Panelbase poll suggests that most Scots oppose dual mandates, the practice where politicians hold more than one elected position.

Dual mandate holders have been minimal in recent years but Douglas Ross’ intention to remain an MP if he becomes an MSP in May has put the issue into the spotlight.

The findings come from a Panelbase poll commissioned by Scot Goes Pop conducted between 21 and 26 April.

The poll asked voters for their views on Scottish Conservative leader Douglas Ross’ intentions if he wins a seat at Holyrood. It found that 67% of Scots think the MP for Moray should give up at least one of his numerous positions if elected to the Scottish Parliament on 6 May.

Ross has explicitly committeed to holding a dual mandate as have former SNP now Alba MPs Neale Hanvey and Kenny MacAskill who are standing for seats in Holyrood.

The Panelbase poll specifically asked about Ross but the findings therefore indicate that most Scots would favour banning the practice of dual mandates as well as restrictions on jobs in addition to being employed as an MP or MSP.

READ MORE: Patterns of dual mandates in the Scottish Parliament since 1999

Dual mandates were banned for Wales and Northern Ireland in 2014.

The practice is also banned in the European Parliament and other countries such as Canada. Even France, which has had a strong culture of dual mandates, has restricted the practice in recent years.

The case against dual mandates is strong as they are ultimately unfair on constituents who deserve full-time representatives. This is backed up by academic evidence which suggests that dual mandate holders are less productive than full-time committed representatives. Considering that MPs work more than a standard working week, this should not come as a surprise.

Dual mandates should be banned in the name of fair and efficient representation.

READ MORE: 5 reasons to ban dual mandates for MSPs and MPs

8 Liberal Democrat manifesto pledges to improve Scottish democracy

By Richard Wood

Willie Rennie’s Scottish Liberal Democrats launched their manifesto on Friday 16 April with a key campaign pledge of putting the recovery first.

The party served in coalition government with Scottish Labour after the first two Holyrood elections. Their second stint in coalition led to local government reform in the shape of the Single Transferable Vote replacing First Past the Post voting system for council elections. This was a big win for democracy campaigners that would not have been possible without the party.

In 2007 the Lib Dems stayed out of government as the SNP took charge and in 2011 they dropped to just five MSPs due to backlash against the Westminster coalition. Five years later, the party kept steady with five MSPs and are going into the election with the hope of building on that total.

READ MORE: Scottish Labour MSP “sympathetic” to Holyrood electoral reform

Manifesto pledges

The party’s manifesto is brimming with policies designed to improve Scottish democracy. The party has pledged to:

  1. Introduce a new fiscal framework to improve council funding, as well as more powers for local councils including the ability to set domestic and business taxation areas
  2. Create a New Contempt of Parliament rule so minority governments cannot ignore the Scottish Parliament as a whole
  3. Replace the Additional Member System with the Single Transferable Vote for Scottish Parliament elections
  4. Return to four-year parliamentary terms
  5. Work with other parties to further a culture of respect and use the pandemic experience go make Holyrood more flexible and family friendly
  6. Introduce a recall system for MSPs
  7. Strengthen and expand the public’s right to information and introduce a new duty to record so the public can access information on important ministerial meetings
  8. Increase usage of Citizens’ Assemblies

Analysis

The party’s manifesto commits the Scottish Lib Dems to a number of pledges that chime with the main focuses of Upgrade Holyrood.

Replacing the Additional Member System with a fairer alternative is a welcome pledge as is a return to four-year parliamentary terms. The Scottish Lib Dems are the only main party with these pledges but the SNP support STV in principle so electoral reform in that shape could be on the table. Although it is worth noting that such a change would require a two-thirds majority.

Using lessons learnt from the pandemic to make Holyrood more flexible is also welcome as it hints at the continuance of a hybrid parliament even when we return for normality. The Scottish Conservatives have also hinted at this in their manifesto. Such a change would be beneficial for constituents as well as the MSPs representing them.

Further citizens’ asemblies and a recall rule for MSPs are also welcome as they would empower citizens and improve accountability of the legislature.

The Scottish Liberal Democrat 2021 election manifesto can be viewed here.

READ MORE: These 5 reforms will improve Scottish democracy

6 Scottish Labour manifesto pledges on improving democracy

By Richard Wood

Scottish Labour were the last of the main five parties in Scotland to launch their manifesto ahead of the election on 6 May 2021.

Here’s what they have pledge to support in the next parliament.

Party overview

Anas Sarwar’s party unveiled his party’s policy priorities on Thursday 23 April and are hoping to take second place from the Scottish Conservatives on 6 May.

The party has lost seats at every single Scottish election since 1999 so reversing this trend would be a positive step for the party, which went from being Scotland’s dominant party in the 2007 Scottish General Election (and the 2010 UK election) to battling it out with the Conservatives for second place in 2016 and 2021.

The party is now on its tenth permanent leader since devolution but polls suggest Anas Sarwar is cutting through. A significant win for Scottish Labour would be to take second place from Douglas Ross’ Scottish Conservatives.

READ MORE: Scottish Labour MSP says he’s “sympathetic” to electoral reform at Holyrood

Manifesto pledges on Scottish democracy

The party’s main proposals on Scottish democracy in 2021 are to:

  • Devolve further powers to Holyrood (borrowing and employment rights)
  • Introduce a Clean Up Holyrood Commission
  • Elect Holyrood committee conveners via the whole Scottish Parliament
  • Give Holyrood committees more powers
  • Further devolve powers to local government
  • Introduce a “Right to Space” to ensure communities have places to meet and funding to build the capacity to participate as active citizens

Manifesto

The full Scottish Labour manifesto for the 2021 Scottish Parliament election can be accessed here.

READ MORE: A comparison of the five main parties’ 2021 manifestos

Scottish Labour and electoral reform manifesto commitments in 2016