A proposed bill aimed at enhancing political accountability in Scotland has been rejected in the Scottish Parliament. The Scottish Parliament (Recall and Removal of Members) Bill, crafted by Graham Simpson, a member of the Reform UK party, failed to secure approval during its third and final stage of debate on March 15, 2024. This legislation, which took five years to develop, sought to enable voters to initiate a recall of Members of the Scottish Parliament (MSPs) if they were convicted of crimes or found to breach parliamentary standards between elections.
The intention behind the bill was to empower constituents in cases of serious complaints against their representatives. Simpson criticized the decision, stating, “MSPs have today voted to protect themselves even if they are jailed for up to a year or are barred from parliament for over 10 days for serious breaches of the rules.” He condemned the decision as a “tawdry stitch-up” orchestrated by established political parties, asserting that the vote was more about party politics than the merits of the legislation.
Originally proposed while Simpson was a member of the Scottish Conservative Party, the bill was informally known as Mackay’s Law, named after the former Finance Secretary Derek Mackay. Mackay faced significant public backlash after failing to attend Holyrood for over a year following revelations about inappropriate messages sent to a 16-year-old. The proposed legislation aimed to align Scotland’s accountability measures with those of Westminster, where constituents can remove MPs via a recall petition under similar circumstances.
The implications of this legislation became more pressing following scandals involving former lawmakers. Notably, it was highlighted during the Michael Matheson scandal, which involved misleading Parliament about personal expenses. Matheson received a record ban from Holyrood for 27 sitting days, prompting calls for stronger accountability measures that the proposed bill sought to address.
Despite the bill’s potential impact, the SNP Parliamentary Business Minister Graeme Dey expressed opposition, arguing that pushing the bill through would be unfair to future parliamentarians given the uncertainties surrounding the complaints and sanctions process. He pointed out that the burden of such severe consequences could effectively end the careers of MSPs.
Critics from the Scottish Conservatives criticized the bill for being “watered down,” asserting that it did not address the issue of absenteeism adequately. Sue Webber, a member of the Scottish Tories, remarked that the legislation would not have adequately addressed the situation of absentee MSPs like Mackay. Meanwhile, Martin Whitfield, the Scottish Labour Business Manager, accused the SNP of prioritizing party interests over public accountability, suggesting that the party’s opposition stemmed from a desire to shield its members from voter scrutiny.
The final vote count saw 30 in favor and 66 against the bill, with the Scottish Tories abstaining. The outcome of this vote has raised questions about the commitment of the current Scottish Parliament to enhance accountability among its members, with the implications likely to resonate as the next elections approach.
