By-elections for defecting MSPs: does Wales offer a solution?

By Richard Wood

Edinburgh Eastern MSP Ash Regan defected from the SNP to Alex Salmond’s Alba party on Saturday 24 October 2023. This immediately prompted an age-old question, one that was also asked following the surprise defection of Lisa Cameron MP to the Conservatives earlier in the month. How do we solve a problem like defecting parliamentarians?

An obvious solution is a by-election – one that’s often called for by the party that an MSP or MP has left. How dare these representatives defect from the party banner that they were elected under? – so the argument goes. That’s one answer but it quite quickly conflicts with reality: an MSP wanting to leave their party but keep their position as an elected politician (which let’s be honest they’d be unlikely to want to give up) results in them being trapped in a party machine they oppose, creating an inherent conflict of interest. Maybe our politicians should have stronger principles in general and under such a system do the right thing and resign, but realpolitik suggests that’s not the case. What’s more, politicians are human – like voters they are allowed to change their minds.

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The immediate triggering of a by-election is one possible answer for constituency MSPs (and MPs) but what about list MSPs? By-elections are impossible in this case, so the answer is they would just have to resign and let the next person on the list move up. Again we hit the same problem of political ambition and MSPs. Of course, Holyrood’s voting system needs replaced but until then this problem remains.

So what’s the answer? It’s not perfect, but Wales offers a solution.

The compromise position is a mechanism that allows MSPs to show dissatisfaction with their party but doesn’t insult the voters that elected them (to an extend at least).

One of the measures likely to be adopted by the Welsh Senedd, according to the BBC, is a possible answer. Cardiff is introducing a ban on MSs defecting from one party to another. However, they will be allowed to leave and sit as independents.

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Had these rules been in place in the Scottish Parliament, Ash Regan would have been allowed to leave the SNP but she would have to sit as an independent not an Alba MSP. Of course, there’d be nothing stopping her declaring allegiance to Alba and attending their conference committed to championing their values in parliament. But it might be the best solution to a perennial problem.

While there’s no right answer that squares every circle, this solution strikes a fair balance between party and individual interests and would maintain some credibility with voters. The Scottish Parliament is overdue reform. When reform happens, this should be considered.

IMAGE SOURCE: Scottish Government (2021) (CC 2.0 generic license)