Under consideration PE1949: Review the rules concerning Dual Mandate MSPs

Background information

Since the formation of the Scottish Parliament MSPs have been allowed to take their seats at Holyrood whilst having a role in another local or national level of government. These 'Dual Mandates' consist of three categories
MSPs who are also 1) MPs 2) Members of the Lords and 3) Regional Councillors.

Dual Mandate MSPs are recorded in the Scottish Parliament’s Information Centre from Session 1 up to Session 6. In Session 1 there were 14 MSPs elected who were sitting MPs but since very few have fallen into this category. MSPs who have been elected to the House of Lords can take a leave of absence from the Lords but the rules for the Scottish Parliament do not dictate that this has to be done.

At the start of Session 6 there were 18 elected MSPs who were also Regional Councillors.

In The Senedd when a member is elected they have eight days to resign as a sitting MP. They have to take a leave of absence from a seat they may hold in the Lords, and if a Regional Councillor they can remain in post provided the expected day of the next Regional Election is within 372 days.

In The Northern Ireland Assembly members are not permitted to have any Dual Mandates.

The Committee in considering these matters should take into account the situation in the Senedd and Stormont and how our present rules are now outdated and in need of revision.

Should changes be brought forward to amend the parameters around Dual Mandates they should coincide with the election for Session 7.