Petitions Committee responds to Scottish Parliament voting reform petition

By Richard Wood

The Scottish Parliament’s Petitions Committee have written to the Electoral Commission and the Electoral Reform Society about reforming the voting system used to elect Members of the Scottish Parliament.

The action is a direct result of my petition (submitted 12 October 2021) calling on electoral reform at Holyrood, ideally by introducing a more proportional system where voters have a significant amount of power over candidates within parties, such as the Single Transferable Vote.

The petition called on the Scottish Parliament to urge the Scottish Government to replace the broadly proportional Additional Member System (AMS) used for electing MSPs with a more proportional alternative. It highlighted that while AMS is broadly proportional, and significantly better than First Past the Post (FPTP) used at Westminster, it has a number of significant flaws.

Meeting on 17 November 2021, the cross-party Committee discussed the consequences of any change and agreed to write to both the UK’s Electoral Commission and the Electoral Reform Society Scotland.

The action came from the suggestion of committee member David Torrance MSP (SNP, Kirkcaldy) who said:

“I do not know whether there is any appetite from any of the political parties or the Government to change the voting system, but I think that we should write to the key stakeholders—the Electoral Reform Society Scotland and the Electoral Commission—to seek their views on what the petitioner is asking for.”

David Torrance MSP (17 November 2021)

Electoral Commission response

The Electoral Commission responded on 2 December with the following:

The Electoral Commission holds no view on which voting system is preferable for any election. These matters are rightly for elected representatives to decide. However, where a new voting system is introduced then we would provide advice to the relevant parliaments and governments on any implications for voters and electoral administrators to ensure that voters were able to cast their votes and have them counted in the way they intended. This would include details of any voter information campaigns which the Electoral Commission would run to raise awareness of the new voting system.

I note that in the Committee’s meeting on 17 November members raised concerns about the ‘list order effect’ on STV ballot papers. It may be helpful to note that in 2019, at the request of the Scottish Government, the Electoral Commission carried out research to assess the impact on voters of any changes to the ordering of candidates on ballot papers for Scottish council elections.

Electoral Commission response to letter from Petitions Committee (2 December 2021)

The response is unsurprising. As the Commission notes, they have no view on which electoral system should be used. In the Scottish Parliament’s case that is up to MSPs who would need a two-thirds majority to enact any electoral system change.

There is one positive at the end though that is worth pointing out – the research highlighted by the Electoral Commission addresses concerns about list ordering in Single Transferable Vote elections. It suggests that “in the testing we undertook, the order of the candidates had no impact on voters’ ability to find and vote for their preferred candidates on the ballot paper”, which indicates that this argument against STV has very little to no merit.

READ MORE: Scotland’s STV council elections show England a better way of doing local democracy

Scottish Government evidence submission

In response to the petition, the Scottish Government submitted a response on 19 October 2021. The submission contained the following:

The practical effect of the proposal in the petition would be to change the method used to elect the membership of the Scottish Parliament.

As the Committee will be aware, the system used for electing members to the Scottish Parliament was set out in the Scotland Act 1998, the act of the United Kingdom Parliament which makes provision for a Scottish Parliament.

Until the passing of the Scotland Act 2016, elections for the membership of the Scottish Parliament were a reserved matter for the UK Parliament. It was only with the commencement of the relevant provisions of that Act on 18 May 2017 (The Scotland Act 2016 (Commencement No. 6) Regulations 2017) that it became within the competence of the Scottish Parliament to consider changes to the method of electing its membership.

As you are aware, the current system is the Additional Member System which does have an element of proportional representation through the use of two ballot papers, one of which elects additional members from a list. I would advise that the Scottish Government does not currently have any plans to propose changes to the voting system by which MSPs are elected to the Scottish Parliament.

Scottish Government submission (19 October 2021)

Again, the Scottish Government’s submission is unsurprising. It lays out the fact that until the Scotland Act (2016), the electoral system at Holyrood was determined by Westminster but the Scottish Parliament now has the power to make changes.

It then notes that, “the Scottish Government does not currently have any plans to propose changes to the voting system by which MSPs are elected to the Scottish Parliament.”

READ MORE: The route to electoral system change for the Scottish Parliament

Electoral Reform Society Scotland

The Petitions Committee also wrote to the Electoral Reform Society Scotland.

As of 6 February 2022, there has yet to be a response.

Petition timeline and key documents

READ ALSO: How proportional was Portugal’s election? Some lessons for the UK’s broken democracy

A second chamber rooted in deliberative democracy will improve Scotland’s politics

By Will Stringer

Imagine a future for Scotland’s democracy where the 99% of us who are usually locked out of political decision making are hardwired in. A future where there are multiple, local, national and international entry points for you to get involved, hear from experts, share your ideas and make change. This change isn’t just a ‘nice to have’, it’s what’s required to meet the multiple complex and profound challenges that are facing us globally today. Challenges such as the climate crisis, technological change and forced migration. For too long, democracy has been eroded by vested interests with the money to keep power in the hands of the few. That needs to change. 

This is a future that Scotland has the opportunity to lead the way on, breaking new ground on how citizens are involved in decision making. 

So, what does that look like? 

Democratic innovations take multiple forms, from deliberative mini-publics through to participatory budgeting. In this article, we’ll be focusing on two related forms of deliberative democracy; one that you may be familiar with, citizens’ assemblies, and the second, a House of Citizen for Scotland.

Deliberative democracy

First, let’s get to grips with the jargon. Deliberative democracy is where people come together to hear from multiple points of view. People are enabled to discuss issues and to find common ground to produce outcomes e.g., proposals/recommendations. There are many ways of doing deliberative democracy, and methods and tools are being developed all the time. One of the most notable examples that we have are citizens’ assemblies.

Citizens’ assemblies

Broadly speaking, citizens’ assemblies bring together a representative bunch of people, selected by lottery, to decide how we should live together. In Scotland we have had two national assemblies, the Citizens’ Assembly on the future of Scotland and the Climate Assembly. In both cases, around 100 people representing the diversity of Scotland were brought together to hear from experts, discuss amongst themselves, and draw up recommendations for the Scottish parliament. Citizens’ assemblies are powerful for many reasons, one of the most notable is their ability to reduce the powerful vested interests that often exert undue influence on policy outcomes. This was recognised by the citizens’ assembly on the future of Scotland, where one of their key recommendations was to create a citizen-led second chamber in Scotland – a House of Citizens.

In Scotland we currently have a commitment from the SNP for an annualised citizens’ assembly, with a range of issues already identified as contenders for discussion over the coming years. This is a welcome step in the right direction, national citizens’ assemblies can break political deadlocks and allow citizens to listen to expertise and create solutions. If that’s the case you may be wondering why the citizens’ assembly on the future of Scotland called for a House of Citizens, and why is it of such value?

A House of Citizens

A House of Citizens would have four key characteristics: 

  1. Like a citizens’ assembly, members would represent the diversity from across Scotland. Hardwiring in the 99% of us usually locked out of political decision making
  1. The members would serve 1-2 year terms. This prevents creating ‘just another political elite’, and reduces the influence of lobbying. 
  1. The people who understand the challenges faced by ordinary people are ordinary people. That’s why ordinary citizens as members of the House of Citizens would decide on topics for citizens’ assemblies across the country; this decentralises power and ensures local democracy is a cornerstone of the House of Citizens.
  1. Members would select legislation to be scrutinised, so as to improve the quality of legislation that comes from Scottish parliament. Politicians can’t continue to mark their own homework, we need to improve the decisions that Scottish parliament takes that affects all of our lives.

Beyond the value already described, a House of Citizens hardwires deliberation into Scotland’s parliament and strengthens the civic muscle of Scotland. Imagine being able to go to your local pub, and be served by someone who had experience in the House of Citizens?

Of course, the House of Citizens doesn’t act in isolation – and reform of democracy needs to happen at a local, national and international level if we are to address the democratic crisis. But a House of Citizens is something that can begin to be put into action now, shaping the future of Scotland’s democracy as a global leader in citizen participation.

The full proposals for a Scottish House of Citizens – by the Sortition Foundation, Electoral Reform Society Scotland, Common Weal and RSA – can be read here.

About the author

This is a guest post by Will Stringer, Campaign Coordinator for the Sortition Foundation, which advocates for deliberative democracy. Opinions expressed in guest posts do not necessarily reflect the views of Upgrade Holyrood.

What do Scotland’s parties say about Holyrood’s voting system? The route to electoral reform

By Richard Wood

Members of the Scottish Parliament are currently elected using the Additional Member System, which leads to broadly proportional results. This means that the proportion of seats won by each party roughly reflects the share of votes cast for that party.

This relationship is far superior to the distorted relationship between seats and votes in Westminster’s First Past the Post voting system.

However, AMS does has its flaws. The system is only proportional at the regional level and does not address the problems that follow when parties win more constituency seats than they should be entitled to as per the regional vote in a particular region. This skews overall proportionality. Further, party lists are closed, limiting voter choice, and there are always two types of MSP in practice – list and constituency. Lastly there are opportunities for parties to game the system such as Alba and All for Unity in 2021, which I wrote about ahead of the 2021 election for Politics.co.uk.

There are three main alternatives to AMS that would improve Scotland’s representation:

  1. A moderated AMS where additional seats are added to address overhangs and to ensure seats match list votes overall (such as in Germany) alongside open lists (as seen in Bavaria.
  2. The Single Transferable Vote (STV) which would strengthen voter power and improve proportionality if designed effectively.
  3. Open List PR which would empower voters and improve proportionality.

More about these different systems can be read here.

Sign the petition to improve Scotland’s voting system here.

Scottish Liberal Democrats

The Liberal Democrats have long argued for Proportional Representation. The party explicitly favours the Single Transferable Voting system, which splits the country into multi-member constituencies (probably between five and seven members with some exceptions). Voters then rank candidates by order of preference. Candidates that reach the quota if first preferences are elected and surplus votes are transfered until all places are filled. This empowers voters and leads to proportional results – in can be modified like in Malta to ensure even more accurate proportionality.

The Scottish Liberal Democrats have long supported STV. While in government with Scottish Labour, they changed the local authority electoral system from First Past the Post. The party continues to argue for STV to replace AMS at Holyrood. The pledge was included in their 2021 manifesto – making them the only party to include a voting reform pledge in their most recent platform to the electorate.

READ MORE: These 5 reforms would improve Scotland’s democracy

Scottish National Party (SNP)

The SNP support the general principle of Proportional Representation.

The party also tends to favour the Single Transferable Vote. They have called for a switch to STV PR in various manifestos over the years in line with this position, most recently in their 2019 General Election manifesto.

READ MORE: Douglas Ross MSP MP – 5 reasons to ban dual mandates

Scottish Greens

The Scottish Greens, pledged to replace AMS with STV, most recently in their 2016 Scottish Parliament election manifesto.

However, the party now favours an Open List PR system, as reported by the New Statesman.

Both STV and Open List PR would be improvements on AMS as they improve proportionality and empower voters (if designed effectively).

READ MORE: The Scottish Parliament should introduce a recall rule for MSPs

Scottish Conservatives

The Conservative party favours First Past the Post and is resistant to any moves away from this at the UK level. Seemingly just one Conservative MP goes against against party line by supporting PR – Derek Thomas, Member of Parliament for St. Ives.

In Scotland, the party does not have an official position on the voting system used at Holyrood although it is always worth highlighting that without it, they would have very limited representation at Holyrood without PR.

That said, there is some support for PR within Scottish Conservative ranks and even some support for reform to an even fairer system.

In June 2021, Scottish Conservative MSP Murdo Fraser called for reform of Holyrood’s voting system. He has yet to address any hypocrisy if he still supports FPTP at Westminster, and while his support for reform of the Scottish Parliament is rooted in unionist/nationalist arguments, this is a positive sign.

He suggested the opening of AMS’ regional list component, like in Bavaria, but has also said that replacing the whole thing with STV would be another option.

The Scottish Conservatives as a whole are unlikely to support reform – due to awkward questions about their lack of support for PR at Westminster – but Murdo Fraser may have some sway when it comes to bringing a handful of Conservatives on board.

READ MORE: Scottish Conservative MSP Murdo Fraser supports electoral reform at Holyrood

Scottish Labour

Labour set up the Scottish Parliament and came to an agreement for adopting the Additional Member System with other parties and stakeholders as part of the Scottish Constitutional Convention. This was in the late 90s when it is worth remembering that Labour went into the general election promising a referendum on Proportional Representation (which never materialised despite the Jenkins report that followed New Labour’s ascent to power).

The party seems to have no formal position on Holyrood’s voting system, but again there is a hypocrisy if they are happy with AMS at Holyrood while favouring FPTP at Westminster. Not to mention, like with the Conservatives, if the Scottish Parliament didn’t have a form of PR they would have next to no representation.

While the party is unlikely to formally support a change in voting system, at least while UK Labour remains favourable to First Past the Post, it is worth remembering that the party did implement AMS for the Scottish Parliament (and other devolved administrations) and were willing to compromise on the issue of council elections by agreeing to implement STV as part of their coalition with the Lib Dems.

While Scottish Labour has no position, there is definitely a softness towards reform within the party.

READ MORE: Why I’m standing to join the Electoral Reform Society Council – Richard Wood

The route to electoral reform at Holyrood

The magic number to change the voting system at Holyrood is 86. The Scotland Act sets out that any electoral system change requires a two-thirds majority, making this more challenging than a simple majority. The case for this high threshold makes sense: to change the rules of the game, there should be a broad consensus in favour of that change rather than just a basic majority.

Looking at where current support for different systems lies, the most likely new alternative system would be STV due to SNP and Lib Dem support, as well as former Green support. That said, there may also be support for minor reforms such as opening the list element, but any changes to AMS rather than switching to STV or Open List PR would likely be a sticking-plaster, leaving many questions unanswered.

However, in the current 2016 – 2021 parliament, the SNP, Liberal Democrats and Greens still fall short of that crucial two-thirds majority. Even with Conservative Murdo Fraser added in, the numbers don’t add up.

That said, all is not lost. If there was a real drive for reform, Scottish Labour would probably want to be part of that conversation. They pioneered the Scottish Parliament and have shown willingness to work towards fair voting such as with local authorities while in government with the Lib Dems. Scottish Labour are definitely part of the road to reform.

Overall, the issue of electoral reform at Holyrood is less vital than switching to Proportional Representation at Westminser. That members of the UK Parliament and still elected by FPTP is unacceptable. Nonetheless, after 22 years of devolution we should be reviewing how it’s worked so far and crucially assess the voting system. AMS works reasonably well but improvements still can be made. There is not an immediate burning drive to replace AMS but those conversations are necessary. Just because Holyrood delivers better representation than Westminster, doesn’t mean we should not strive for better.

There is a route to reform and that is something we must build towards, especially as Holyrood approaches its 25th birthday.

Scottish democracy can be better. Let’s seize the opportunity ahead of 2026.

READ MORE: Petitions Committee responds to Scottish Parliament voting reform petition

Sign the petition to replace the Scottish Parliament’s voting system with a more proportional alternative

By Richard Wood

Upgrade Holyrood strongly supports improving Scotland’s broadly proportional but flawed Additional Member System (AMS), currently used to elect Members of the Scottish Parliament.

This is why I have started an official Scottish Parliament petition to replace AMS with a more representative alternative.

The petition is officially entitled PE1901: Replace the voting system for the Scottish Parliament with a more proportional alternativeand can be signed here.

Sign the petition to upgrade Scotland’s voting system now.

Calling on the Scottish Parliament to urge the Scottish Government to replace the broadly proportional, but flawed, Additional Member System (AMS) used for electing MSPs with a more proportional alternative.

AMS results in more representative parliaments than FPTP used in Westminster but it is not fully proportional. It also results in two classes of MSPs, limits voter choice and can be exploited by decoy parties.

Alternatives such as the Single Transferable Vote (STV) or Open List PR, would empower voters and lead to more representative parliaments.

PE1901

Reasoning behind the petition

The Additional Member System has done well to ensure broadly proportional parliaments but it does have some serious flaws, the full details of which can be read below.

READ MORE: The flaws of AMS and the need for better PR at Holyrood

This petition makes the case for an alternative system to replace AMS. I recognise that different individuals and parties back different alternatives, which is why I have kept the proposed alternative open and reasonably vague to help build a broad coalition for voting reform in Scotland.

For example, the Scottish Lib Dems and SNP favour the Single Transferable Vote (used for local authority elections in Scotland, as well as national elections in Ireland and Malta) while the Scottish Greens now support an Open List PR system (like those used in Denmark and Iceland) but have supported STV in the past.

Earlier this year, Scottish Conservative Murdo Fraser MSP broke party ranks and called for reform, highlighting STV as a possible alternative.

In terms of non-party support, the Electoral Reform Society has long supported the Single Transferable Vote while Ballot Box Scotland, who does an incredible job of covering and analysing Scottish electoral politics, favours and Open List PR system with levelling seats.

READ MORE: Scottish Conservative MSP calls for electoral reform at Holyrood

The route to electoral reform in Scotland

Changing the voting system at Holyrood requires a two-thirds majority rather than a simple 50%+1 majority as with most votes.

The Scottish Lib Dems were the only party in the parliament to propose changing the voting system in their 2021 manifesto but with the SNP and Scottish Greens in favour of a change in principle, as well as at least one Scottish Conservative MSP behind the idea, there is a possible route to reform.

The two-thirds rule would therefore mean that 86 MSPs would be required for supporting any reform. Together, the SNP (64 seats), the Scottish Greens (7 seats) and the Scottish Lib Dems (4 seats) fall short of that number with a combined total of 75 seats. Even with Murdo Fraser there would be just 76 MSPs in favour of reform.

The Scottish Conservatives are unlikely to back any reform overall due to their long-standing opposition to reform at Westminster. Any moves to supporting reform would lead to calls of hypocrisy if they continued to favour the archaic First Past the Post voting system at Westminster.

The best hope is getting additional support from Scottish Labour who have no position on changing the voting system. That said, there is certainly a route to reform through Scottish Labour who could definitely be persuaded to back reform if the idea gained momentum.

Other hurdles include the the fact that electoral reform is not high on the political agenda and there are different schools of thought on what to replace AMS with as previously mentioned.

Nonetheless, it is important to shift the conversation on this issue, which is why I have lodged the petition.

Please consider adding your name to begin an active conversation about the flaws of AMS and a real discussion on alternatives that provide for better representation.

The petition can be signed here.

READ MORE: 12 reasons the UK needs Proportional Representation now

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

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

Scottish election manifestos: democratic reform pledges compared

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

Scottish Liberal Democrats

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
Douglas Ross MP (by David Woolfall • CC BY 3.0)

Scottish Labour

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

Analysis

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.

Patterns of dual mandates in the Scottish Parliament from 1999 – 2021

By Richard Wood

When an individual holds two political offices simultaneously they are exercising a dual mandate. The likes of Donald Dewar (Labour), Alex Salmond (SNP) and Jim Wallace (Liberal Democrat) have all held dual mandates in the Scottish Parliament and the House of Commons but the phenomenon has been limited in recent years.

Dual mandates are unfair on constituents, not to mention impractical, and should be banned.

This article outlines the patterns of dual mandates across the first five Scottish Parliaments.

READ MORE: 5 reasons to ban dual mandates

The total number of dual mandates held by MSPs in each parliamentary session tells a story that largely reflects the changing political winds of the time. In raw numerical terms, dual mandates are not a dominating feature of Scottish politics but just because they aren’t on the political radar doesn’t mean they should not be addressed. MSPs with dual mandates have fluctuated since 1999 as illustrated in the below figures.

All data in this post is based on information compiled by the Scottish Parliament (2021) and covers MSPs with dual mandates.

Figure 1: MSP dual mandates per Scottish Parliamentary session since 1999
Source: Scottish Parliament

Session 1 (1999 – 2003)

The story of dual mandates at the parliament’s inception was determined by the significant number of MPs elected in 1997 seeking election to the Scottish Parliament at its first election in 1999. Of the 14 newly elected MSPs, most of whom were Labour or SNP, 11 fully committed to the Scottish Parliament by not standing for the UK Parliament in 2001. The other three were Labour’s Donald Dewar, Scotland’s initial first minister who died tragically in 2000, the SNP’s Alex Salmond MSP, who resigned as SNP leader and an MSP in 2001 (before rejoining the parliament in 2007), and Sam Galbraith, a Labour politician who resigned in 2001 for health reasons.

In addition to MSPs with additional House of Commons mandates, three members of the House of Lords were elected to Holyrood in 1999, one from each of the three main UK-wide parties. James Douglas-Hamilton (Conservative), David Steel (Liberal Democrats) and Mike Watson (Labour) all held both roles throughout their time in the Scottish Parliament.

Figure 2: Session One (1999 -2003) dual mandates by political party
Source: Scottish Parliament

Session 2 (2003 – 2007)

Just five MSPs held dual mandates between 2003 and 2007. The drop largely reflects the settled nature of the chamber, with a limited number of seats changing hands in 2003 meaning that new MSPs were less likely to have existing roles. Two of the MSPs in this session were members of the House of Lords (James Douglas-Hamilton and Mike Watson), who also had dual mandates in session 1.

The other three were existing councillors who either resigned at a local level following election to Holyrood in 2003 (Mike Pringle of the Liberal Democrats) or became MSPs halfway through the Holyrood term in 2005 (Labour’s Charlie Gordon and the Liberal Democrats’ Andrew Arbuckle). Both Charlie Gordon MSP and Andrew Arbuckle MSP stayed as councillors until the 2007 local elections, which were held the same day as the next Scottish General Election.

Figure 3: Session Two (2003 -2007) dual mandates by political party
Source: Scottish Parliament

Session 3 (2007 – 2011)

Five of the six MSPs who were also councillors in this session were SNP members, first elected to Holyrood at the 2007 election, as part of the party’s success at the time. Two resigned as councillors in 2009, one resigned as a councillor in August 2007 and one, Stefan Tymkewycz, stepped down as an MSP just three months into the job to concentrate on his role as an Edinburgh councillor. The other two councillors (the SNP’s Willie Coffey and the Lib Dem’s Jim Hume) held both positions throughout the session. There were also thee MSPs who were MPs, one being Alex Salmond who returned to Holyrood at the 2007 election and became first minister, and two Labour MPs (Margaret Curran and Cathy Jamieson) who won Westminster seats in 2010 and did not stand for re-election in 2011.

In addition, three MSPs (Labour’s George Foulkes and former First Minister Jack McConnell and the Lib Dem’s Nicol Stephen) were appointed to the House of Lords in Session 3. All three stepped down from Holyrood at the 2011 election.

Figure 4: Session Three (2007 – 2011) dual mandates by political party
Source: Scottish Parliament

Session 4 (2011 – 2016)

The high number of MSPs who were also councillors in Session 4 is largely down to the SNP’s success at the 2011 election where they secured an overall majority. All of these members either did not stand for re-election to council in 2012 or resigned before then. Three Labour councillors (Cara Hilton, Lesley Brennan and Jayne Baxter) were not initially elected in 2011 but moved up the list to replace colleagues who resigned in Session 4 and become MSPs themselves.

In addition, former leader of the Scottish Conservatives Annabel Goldie MSP was appointed to the House of Lords in Session 4 and Alex Salmond MSP became an MP once again at the 2015 election. Both held dual mandates throughout the rest of the fourth Scottish Parliamentary term.

Figure 5: Session Four (2011 – 2016) dual mandates by political party
Source: Scottish Parliament

Session 5 (2016 – 2021)

Dual mandates in session 5 were largely the result of the influx of new Conservative MSP’s when the party led by Ruth Davidson leapfrogged Labour to become the official opposition at Holyrood. This was the case for seven of the sixteen MSPs who were all councillors, all of whom stepped down from their local councils for the 2017 local elections. This also was the case for two Labour MSPs (Colin Smyth and Monica Lennon).

A further three SNP councillors were elected to Holyrood in 2016 but stood down as councillors throughout 2016. Two more, (the then Conservative’s Michelle Ballantyne and the Liberal Democrats’ Beatrice Wishart) stepped down as councillors soon after they joined Holyrood in the middle of the session via ascension on the list system and a constituency by-election respectively. In contrast, Tom Mason was a Conservative councillor throughout the session having joined the parliament in 2017 following Ross Thomson’s resignation.

Lastly, there were two MSPs who also held MP mandates. Ross Thomson and Douglas Ross were first elected to Holyrood in 2016 but were subsequently elected to Westminster in 2017 following which they quit as MSPs. Thomson’s departure led the appointment of Councillor Tom Mason as an MSP for the North East region. Mason remained MSP and Councillor despite criticism about his dual mandate role.

In July 2020, Douglas Ross declared his intention to stand for Holyrood ahead of his Scottish Conservative leadership launch with the commitment to holding a dual mandate for both parliaments. In the same week, former Scottish Conservative leader Ruth Davidson was given a seat in the House of Lords, however, she said she would not take her place until the end of her mandate at Holyrood.

Figure 6: Session Five (2016 – 2021) dual mandates by political party
Source: Scottish Parliament

Summary

Overall, dual mandate patterns are largely representative of changing political winds such as the influx of Labour and SNP MSPs at the parliament’s inception, the surge in support for the SNP in 2007 and 2011 and the jump in representation of Scottish Conservatives in 2016.

Dual mandates in the 1999 – 2003 session are largely the result of Labour and SNP MPs taking up the new opportunity of the Scottish Parliament while the 2003 election says little due to limited change. However, dual mandates in subsequent sessions are largely symptomatic of the Scottish (and British) political career ladder. Local government is often viewed as a stepping-stone to Holyrood or Westminster hence the significant rise in MSP-councillors. There are also hints of a pattern of this with MPs becoming MSPs and vice versa; the career-ladder will depend on an individual’s position on the union, that is to say whether they view Holyrood or Westminster as the main point in Scottish politics.

Dual mandates are not a major issue and are often resolved within a year or two when new MSPs step down as councillors at subsequent local elections. This situation more closely resembles the German pattern of “transitory” dual mandates discussed previously rather than the French situation where the accumulation of mandates has been a widespread phenomenon (Navarro 2009).

However, despite not being a massive issue, discussed dual mandates are problematic as they divide the attention of elected representatives.

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

READ MORE: Ending dual mandates