
By Richard Wood
The appointment of David Cameron to UK foreign secretary via appointment to the House of Lords raises an interesting question about the relationship between the executive and the legislature. Primarily at Westminster but also at Holyrood.
The big issue in Westminster is the absurdity of the (by convention) only route for people to become ministers who aren’t MPs is through being appointed to the House of Lords. For life. There’s then the issue that these ministers can’t appear before MPs to be held to account. The situation is frankly absurd and in need of reform. Rishi Sunak’s appointment puts a spotlight on this bizarre route to government. If we are to allow people who aren’t legislators to join the executive – and there’s a strong case to allow that to be the case in line with plenty of other democrscies around the world – then we need to fix this bizarre Westminster process.
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So, what’s the situation in Scotland? Currently, only MSPs can become cabinet secretaries in the Scottish Government. It’s right that most ministers come from the elected Scottish Parliament but with just 129 MSPs, there is a good case for enabling cabinet secretaries to be appointed from outside the legislature. Such a rule would strengthen the diversity of talent within the Scottish Government. But any rule should have democratic accountability.
Crucially, if we are to go down this road then MSPs appointed to cabinet should be approved by the Scottish Parliament. This would be a similar nominations and vote process to that of the Cabinet of the United States and other democracies, ensuring that such cabinet secretaries are accountable to parliament.
Furthermore, that accountability should be strengthened by enabling such cabinet secretaries to make statements and answer questions in parliament. MSPs should be able to directly question any and all cabinet secretaries, including those chosen from outside parliament.
There could even be a limit on the number of people non-MSP cabinet secretaries appointed to ensure that the majority of cabinet members come from the legislature, if that’s a concern.
This is hardly the most pressing reform that could improve Scottish democracy – Holyrood needs better Proportional Representation, fixed four-year terms and restrictions on second jobs and dual mandates – but reform in this area is worth considering in light of former Prime Minister David Cameron’s appointment to the role of UK Foreign Secretary.
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