In Context: Removal from Office and Recall Bill

The Scottish Conservatives have launched a consultation on a bill that would enable the removal of MSPs who have failed to carry out their duties.

What is it?

Dubbed Mackay’s Law by the Scottish Conservatives, the Removal from Office and Recall Bill has been proposed by Central Scotland MSP Graham Simpson in response to the situation involving former SNP finance minister Derek Mackay.

Mackay resigned from his ministerial position in February 2020 after it was revealed that he had sent hundreds of social media messages to a 16-year-old boy, referring to him as “cute” and offering to meet with him in person.

Although First Minister Nicola Sturgeon suspended him from the party, Mackay remained an independent MSP for Renfrewshire North and West until the May 2021 election, when the seat was won by the SNP’s Natalie Don.

Between February 2020 and May 2021 Mackay continued to collect his MSP salary despite not being seen at Holyrood throughout that period and not taking part in any parliamentary meetings or votes.

Simpson said that while it was “widely felt that Mr Mackay’s position as an MSP was untenable” there were no “appropriate levers in place” to remove him from office.

What will the bill seek to do?

The main aim of the bill is to make it possible for any MSP who has not taken part in parliamentary proceedings for more than six months without giving a valid reason to be dismissed.

It would also allow for the automatic removal of any MSP sentenced to a prison term and would consider establishing a system of recall for MSPs so voters could be given the opportunity to oust anyone sanctioned for breaching the rules.

Simpson said that, if enacted, the changes would bring the Scottish Parliament into line with local authorities, where these rules already apply to councillors.

A similar system was introduced in Westminster in 2015 in the aftermath of the expenses scandal that occurred in the run up to the 2010 General Election.

Under the terms of the Recall of MPs Act, constituents can trigger a special election to have their MP removed if they have committed a crime or been involved in a scandal. A tenth of voters must be in favour of their MP being removed for the recall process to come into effect.

Most recently, the act was used to remove Tory MP Chris Davies, who was convicted of submitting false expenses claims. That led to 19 per cent of registered voters in his constituency signing a petition to have him removed.

Opposition MPs had called for Owen Paterson, the Conservative MP who was suspended from parliament over a lobbying scandal, to be recalled last year, but Paterson resigned before it could be taken forward.

What stage is the bill at?

The bill is still at the proposal stage, with a consultation launching last month. The consultation period runs until 13 April and Simpson will only be able to introduce a members’ bill if his proposal is supported by at least 18 other MSPs from across the political spectrum.

He has noted that “a number of months may be required to finalise the bill and related documentation” if that support is received.

What have people said about it?

Simpson said the bill would “address anomalies within our Scottish Parliament” and “reassure the public that MSPs will be held to account for their misconduct, rather than being able to claim a salary while hiding away and running down the clock on their term”.

Both Labour and the Liberal Democrats have voiced their support for the bill. Scottish Labour business manager Neil Bibby said that due to “the ongoing Tory scandal at Westminster and the SNP’s lack of transparency in Scotland” there is a pressing need for “the people of Scotland to be able to hold MSPs to account”.

“Public trust in elected politicians is vital to the proper functioning of our democracy, but the failings of Tory and SNP politicians has eroded it over many years,” he said.

“Scottish Labour is committed to ensuring that the people of Scotland have the power to hold MSPs to account and believe the time has come for legislative action on this matter and that of double jobbing.”

Lib Dem MSP Willie Rennie added that he had urged parliament to “introduce tough measures for punishing misconduct by parliamentarians” and was “disappointed that it has taken so long for a bill to be brought forward”.

“Scottish Liberal Democrats will scrutinise these proposals to ensure that they will be effective at keeping our house in order, while ensuring that it is not abused to inconvenience or get rid of MSPs you disagree with,” he said.