Dual mandates are back in the spotlight again with two sitting SNP MPs, Stephen Flynn and Stephen Gethins, preparing possible bids for joining the Scottish Parliament as MSPs.
Both Douglas Ross (Conservative) and Katy Clark (Labour) have held dual mandates in this parliamentary session at Holyrood.
Double jobbing is bad for representative democracy as the roles of MSP and MP are full-time jobs in and of themselves. Constituents ultimately deserve full-time representatives not part-timers.
Momentum is shifting on the issue with the Scottish Parliament’s Standards, Procedures and Appointments Committee discussing the matter only last week in relation to the Scottish Elections (Representation and Reform) Bill: Stage 2. The Modernisation Committee in Westminster also has scope for discussing the issue in its remit on outside employment.
Being a councillor and an MP or MSP seems reasonable over a temporary transition period. However, we are concerned that given the limitations in the capacity of MSPs, ‘double jobbing’ adds an extra strain. Therefore we would like to see the legislation here brought into line with The Senedd where the rules are that when a member is elected and holds a dual mandate they either have eight days to resign as a sitting MP, or they have to take a leave of absence from a seat they hold in the Lords, or if a Regional Councillor they can remain in post provided the expected day of the next Regional Election is within 372 days.
Having a full-time paid job in the Lords, Commons or Holyrood should be mutually exclusive, and we would advise against MSPs being allowed to hold a dual mandate. There are no clear advantages to voters or to the operation of democratic institutions and one big disadvantage – the capacity of an individual to fulfil the responsibilities of both roles. Such an allowance seems to be in the interests of politicians rather than those they represent.
The Electoral Reform Society is right to support abolishing dual mandates. It also recognises the need for a short grace period for MPs or MSPs to pick where they wish to represent their constituents before being removed from the parliament they reject.
Westminster leader Stephen Flynn plans to stand to become an MSP at the 2026 Holyrood elections. Flynn intends to remain an MP, if he wins the Scottish Parliament seat of Aberdeenshire South and North Kincardine, implying he would hold a dual mandate by representing seats in both Holyrood and Westminster until 2029.
Dual mandates – no matter which party holds them, and Scotland’s four main party’s have held them at one time or another – are bad for representative democracy.
Being an MSP or and MP is a full-time job. Constituents deserve representatives working full-time for them, not juggling multiple mandates and travelling across the country all the time. No matter which party they come from, whether it is the Conservatives’ Douglas Ross, the SNP’s Stephen Flynn or any of the former Labour and Lib Dem dual mandates holders at Holyrood.
Westminster has rightly banned MPs from holding elected office in the Northern Irish Assembly. And there is an effective ban of MP-MSs for Wales with exceptions in the case of an impending Senedd election.
More widely, dual mandates are banned in many democracies across the world. Even France, long known for its representatives holding dual mandates – and even triple mandates – has clamped down on the practice in recent years.
Members of the European Parliament are also forbidden from holding roles in their national parliament alongside their MEP roles.
Stephen Flynn MP has every right to stand for the Scottish Parliament. But it’s surprising he’s made the decision to do so while explicitly saying he’s remain an MP if he were to be elected.
Westminster’s Modernisation Committee has an opportunity here to recommend preventing MPs from holding seats in the Scottish Parliament concurrently.
In the meantime, Stephen Flynn MP should reconsider his intentions to hold his Westminster seat if elected to Holyrood.
The newly formed Modernisation Committee in the House of Commons should consider recommending banning MSP-MP dual mandates as part of its remit concerning MPs’ outside employment.
Labour formed the government on the back of a manifesto pledge to clamp down on paid advisory and consultancy roles. However, the new committee has an opportunity to take those proposals further and tighten restrictions on second jobs more broadly.
Dual mandates, where an individual holds two full-time parliamentary positions at the same time, are bad for representative democracies. This includes MSP-MPs and MSPs-Lords. The phenomenon results in representatives not fully dedicated to their constituents in one clear capacity.
A ban on the practice is long overdue, with the most prominent example in recent years being Douglas Ross being an MP, and MSP and taking on further employment at the same time. That said, this is an issue something all main parties have been of guilty of, especially in the early days of the Scottish Parliament.
The Modernisation Committee should consider the issue as part of their remit.
“Labour will establish a new Modernisation Committee tasked with reforming House of Commons procedures, driving up standards, and improving working practices. The absence of rules on second jobs also means some constituents end up with MPs who spend more time on their second job, or lobbying for outside interests, than on representing them. Therefore, as an initial step,Labour will support an immediate ban on MPs from taking up paid advisory or consultancy roles. We will task the Modernisation Committee to take forward urgent work on the restrictions that need to be put in place to prevent MPs from taking up roles that stop them serving their constituents and the country.”
The Leader of the Scottish Conservative party Douglas Ross is seeking election to the constituency of Aberdeenshire North and Moray East after originally not planning to stand for Westminster. His decision came just hours before the close of nominations.
His original decision not to stand would have put an end to his dual mandate of being an MP and MSP. However, while his return to Westminster is far from certain, if he wins he will simultaneously sit in both parliament yet again.
When a politician holds two elected roles, they have a dual mandate.
These dual mandates are unfair on constituents who deserve full-time parliamentarians. Not part-timers. They are also highly impractical.
It may emerge that Ross plans on stepping down from his Holyrood role after the election but that remains to be seen. For now, it seems he is intent on maintaining his dual mandate.
Let’s not forget that we’ve been here before. A 2021 Panelbase poll even asked voters for their views on Ross’ intentions if he won seat at Holyrood (which he went on to do). 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 in 2021. This suggested most Scots oppose dual mandates, as well as second jobs.
Douglas Ross’ decision ultimately exposes the absurdity of dual mandates in Scotland. It’s time to ban them once and for all.
Next year marks 25 years of devolution following the re-establishment of the Scottish Parliament in 1999. After some bumps along the way, the Scottish Parliament is undeniably a success story. However, while its use of a broadly proportional voting system makes it more representative than the parliament in Westminster (what with FPTP in the Commons and the continued existence of the House of Lords), the Scottish Parliament needs reform. Put simply, Holyrood needs an upgrade.
Upgrade Holyrood champions better democracy in Scotland. With next year marking a quarter of a century of devolution, it will be the perfect time to reflect, assess and improve upon the democratic mechanisms of the Scottish Parliament.
First things first, Scotland’s voting system sounds great at first glance but there is significant room for improvement. The Additional Member System (AMS) ensures broad proportionality but only goes so far as having a mechanism for regional proportionality. What’s more it fails to address overhangs, retains single-member districts and leaves open the possibility for parties to “game the system” as seen with Alba’s failed attempt to win a “supermajority” for independence at the 2021 Scottish Parliament election. Furthermore, voters still have limited powers over individual candidates.
The system is significantly more proportional than First Past the Post but alternatives do exist – and those alternatives must be examined and adopted. There are three likely routes that the Scottish Parliament could take on this issue: AMS with modifications, Open List PR or the Single Transferable Vote.
Tinkering around the edges by adopting a German style mixed-member voting system to address overhangs and ensure national party proportionality would be a minor improvement but it would cause some headaches of it’s own – Germany’s Bundestag is growing with each election. The Scottish public are likely to be approving of significantly more politicians. What’s more such a system would retain single-member constituencies.
Open List PR with levelling seats – as in Denmark, Sweden or Iceland – this would improve proportionality, give voters power over individual candidates and crucially end single-member districts. This would be one option for the Scottish Parliament that’s worth considering. If we were to go down this route then we would to ensure that any lists are regional, open for voters to enhance their power and have levelling seats to ensure both regional and national proportional representation.
The final alternative is often seen as the gold-standard voting system (if implemented properly) – the Single Transferable Vote. Already used to elect councillors in Scotland, STV would provide proportionality (depending on district sizes), give voters an enormous amount of power at elections and provide voters with multi-party representation. What’s more, the system is backed by the SNP, Lib Dems, as well as some Labour and Conservative MSPs. The Scottish Greens recently supported it before backing Open List PR.
The Scottish Parliament must therefore examine its voting system in any 25-year review of devolution.
But it’s not just the electoral system where the Scottish Parliament needs improvements.
Holyrood needs to end dual mandates – primarily for joint MSP-MPs and MSP-Lords but also place restrictions on MSP-councillors. Dual mandates are unfair on voters who deserve fully-committed representatives. On top of that, there also needs to be a restriction on second jobs for MSPs, again for similar reasons.
We also need a return to four-year parliamentary terms. It’s right that election terms are fixed – as they give a level playing field to all parties and candidates – but five-year terms are too long and are only something the Scottish Parliament slipped into during the last decade as a result of Westminster’s very brief adoption of fixed five-year terms.
What’s more, the Scottish Parliament also needs a recall rule. Holyrood is ahead of Westminster on many fronts but the lack of ability for constituents to recall MSPs is a major flaw. In practice this will be difficult to achieve due to the mixed-member system and by-election blueprint for recalls at Westminster but any review of the functioning of the Scottish Parliament should include a reform of this nature.
2024 will be a milestone year for Scotland – 25 years of devolution have undoubtedly changed the Scottish political landscape forever.
Devolution works and what’s more it works well. This should be celebrated. But with that success comes room for improvement. There will be time to take stock next year and assess a way to move forward on these reforms – hopefully with cross-party support. It’s time to upgrade Holyrood.
Improving Scotland’s democracy is central to Upgrade Holyrood’s mission. Scotland needs better Proportional Representation, a recall rule, an end to dual mandates, and other changes that will ultimately better our country’s democratic design.
Both the Scottish Conservatives and Scottish Lib Dems supported a recall rule for MSPs that bring parliament into disrepute in their 2021 manifestos. The Conservatives detailed that this would include the right for constituents to recall MSPs if they stopped turning up for six months.
Scottish Conservative leader Douglas Ross has since renewed his party’s plan, as reported by the BBC.
Speaking at the Conservative Party Conference in Manchester, Ross said:
“The ex-SNP finance secretary, Derek Mackay, resigned in disgrace and was never seen in parliament again.
“Yet Scottish taxpayers were forced to continue to pay him £100,000.
“In no other job could someone pocket a six-figure salary while hiding at home. So why would we stand for it in the Scottish Parliament?”
Douglas Ross
The so-called Mackay’s Law is a welcome proposal and something all parties can and should get behind. That former Minister Derek Mackay was able to claim a salary and not show up for work for over a year is detrimental democratic practice. Voters should be empowered and represented, not diminished and ignored.
However, it is difficult to take the Scottish Conservative leader too seriously on this matter. There is a level of hypocrisy here as Douglas Ross is often absent from his role as an MSP. This is because he is also an MP, and therefore has to be in both Westminster and Holyrood.
He is of course not absent for six months spells, but by holding two roles he is not fully effectively representing his constituents.
Dual mandates are ultimately unfair on voters who deserve full-time representatives in both Edinburgh and London. Not part-timers.
Ross’ proposal of a Mackay’s Law is sound policy that would improve our democracy but the fact he holds a dual mandate makes his position somewhat hypocritical.
Douglas Ross must resign from one of his roles to be taken seriously as someone championing better representative democracy.
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.
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.
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.
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.
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.
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.
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.
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.
Scotland’s five main political parties have unveiled their manifestos for the 2021 Scottish Parliament election. Upgrade Holyrood is committed to improving Scottish representative democracy but what have each of the main political parties pledged to do on this issue?
Scottish Greens
The Greens were the first of the five main parties to release their manifesto, launching their plan for Scotland on Wednesday 14 April. The manifesto focuses on green issues, restructuring the economy and Scottish independence. It also has a section on “Local democracy and communities” with the party pledging to:
Deliver empowered, genuinely local councils (more powers and an overall restructuring)
Oppose Ministerial vetoes over local decisions
Promote more diverse local representation
More local, democratic ownership
Additional participatory democracy with citizens assembly to be formalised at both local and national levels
The Scottish National Party (SNP)
The SNP are expected to remain the largest party at Holyrood and were second to launch their manifesto (Thursday 15 April 2021). The party is pledging to:
Create a Citizens’ Assembly for under 16s
Extend the entitlement to stand for election to all those entitled to vote
Introduce a Local Democracy Bill to further empower local communities and to ensure that decisions are most closest to those who they will impact the most
Willie Rennie’s Scottish Liberal Democrats launched their manifesto on Friday 16 April, hoping to build on the five MSPs they won in 2016. The party’s manifesto is brimming with policies designed to improve Scottish democracy. The party has pledged to:
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
Create a New Contempt of Parliament rule so minority governments cannot ignore the Scottish Parliament as a whole
Replace the Additional Member System with the Single Transferable Vote for Scottish Parliament elections
Return to four-year parliamentary terms
Work with other parties to further a culture of respect and use the pandemic experience go make Holyrood more flexible and Family friendly
Introduce a recall system for MSPs
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
Increase usage of Citizens’ Assemblies
Scottish Conservatives and Unionists
Scottish Conservatives’ launched their own manifesto on Monday 19 April. The proposal to introduce a recall rule is the most eye-catching of all. The party proposes to:
Introduce a recall rule for MSPs (Mackay’s law) – this would allow the public to re MSPs who have broken the law, grossly undermined trust or failed to contribute to parliament for over six months
Retain votes at 16 for all Scottish elections
Implement a cross-party commission on improving how the Scottish Parliament operates and to improve Scottish Government scrutiny
Explore how to modernise the working practices of the Scottish Parliament to make them more suitable for MSPs with young families
Cut the cabinet from 12 to six members and freeze MSP and ministerial pay across the next parliament
Scottish Labour were the last of the main five parties in Scotland to launch their manifesto. Anas Sarwar’s party unveiled their policy priorities on Thursday 23 April and are hoping to take second place from the Scottish Conservatives. The party’s main proposals on Scottish democracy 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
Upgrade Holyrood is committed to improving representative democracy in Scotland. This blog supports a better voting system for the Scottish Parliament, an end to dual mandates and restrictions on second jobs for MSPs, a return to four-year parliamentary terms, more local democracy and a permanent hybrid parliament even after the pandemic ends, as well as more deliberative democracy where appropriate.
Only the Scottish Liberal Democrats commit to upgrading Scotland’s Additional Member System by replacing it with the Single Transferable Vote. However, it is worth noting that the Greens and the SNP do favour STV as a fairer alternative to AMS.
The Scottish Lib Dems are also the only party committing to a return to four-year parliamentary terms in order to improve frequent democratic accountability.
No parties have pledged to abolish dual mandates although as shown by dual mandate restrictions for Wales and Northern Ireland, this was done by the House of Commons highlighting that this would be a responsibility of Westminster. Therefore such a pledge would likely be out of the scope for manifestos for the Scottish Parliament. That said, the Scottish Lib Dems oppose dual mandates and the SNP’s Alyn Smith MP has proposed a bill on banning dual mandates from Westminster.
The parties all generally pledge to give more powers to local government or reform the way local government operates, which is most welcome, however, this varies from party to party.
Other welcome commitments include recall rules for MSPs in extreme cases (as proposed by the Lib Dems and the Conservatives), as well as more deliberative democracy in the form of citizens assemblies (the Lib Dems, Greens and SNP).
Overall, there are a range of welcome policy proposals from across the parties but whether they will be delivered remains to be seen.
Upgrade Holyrood 
