Papers for Meeting 4 March 2021
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SPPA/S5/21/6/A STANDARDS, PROCEDURES AND PUBLIC APPOINTMENTS COMMITTEE AGENDA 6th Meeting, 2021 (Session 5) Thursday 4 March 2021 The Committee will meet at 9.00 am in a virtual meeting. 1. Decision on taking business in private: The Committee will decide whether to take item 6 in private. 2. Subordinate legislation: The Committee will take evidence on the Scottish Parliament (Elections etc.) Amendment (Coronavirus) Order 2021 [draft] and the Scottish Parliament General Election from— Graeme Dey, Minister for Parliamentary Business and Veterans; Iain Hockenhull, Elections Policy Adviser, Roddy Angus, Elections Policy Advisor, and Colin Brown, Senior Principal Legal Officer, Scottish Government. 3. Subordinate legislation: Graeme Dey (Minister for Parliamentary Business and Veterans) to move—S5M-24190—That the Standards, Procedures and Public Appointments Committee recommends that the Scottish Parliament (Elections etc.) Amendment (Coronavirus) Order 2021 [draft] be approved. 4. Scottish Parliament practices and procedures: The Committee will take evidence on the Scottish Parliament practices and procedures in relation to its business in session 5 from— Graeme Dey, Minister for Parliamentary Business and Veterans; Steven Macgregor, Head of Parliament and Legislation Unit, and Al Gibson, Policy Adviser, Scottish Government. 5. Annual report: The Committee will consider a draft annual report for the parliamentary year from 12 May 2020 to 24 March 2021 6. Scottish Parliament practices and procedures: The Committee will consider the evidence heard earlier in the meeting. SPPA/S5/21/6/A 7. Standing Order Rule Changes (in private): The Committee will consider a draft report and draft Standing Order Rule Changes to Private and Hybrid Bill procedures. 8. Standing Order Rule Changes (in private): The Committee will consider a draft report and draft Standing Order Rule Changes in relation to the Public Petitions system. 9. Standing Order Rule Changes (in private): The Committee will consider a draft report and a draft Standing Order Rule Change in relation to SPCB urgent questions. 10. Code of Conduct Rule changes (in private): The Committee will consider a draft report and draft Code of Conduct Rule changes in relation to the Register of Interests. Katy Orr Clerk to the Standards, Procedures and Public Appointments Committee Room Tower T3.40 The Scottish Parliament Edinburgh Tel: 0131 348 5239 Email: [email protected] ********************************************** The papers for this meeting are as follows— Agenda item 2 PRIVATE PAPER SPPA/S5/21/6/1 (P) SSI cover note SPPA/S5/21/6/2 Agenda item 4 PRIVATE PAPER SPPA/S5/21/6/3 (P) Agenda item 5 Annual Report SPPA/S5/21/6/4 Agenda item 7 PRIVATE PAPER SPPA/S5/21/6/5 (P) SPPA/S5/21/6/A Agenda item 8 PRIVATE PAPER SPPA/S5/21/6/6 (P) Agenda item 9 PRIVATE PAPER SPPA/S5/21/6/7 (P) Agenda item 10 PRIVATE PAPER SPPA/S5/21/6/8 (P) SSPA/S5/21/6/2 Standards, Procedures and Public Appointments Committee 6th Meeting 2021 (Session 5), Thursday 4 March 2021 SSI 2021/draft The Scottish Parliament (Elections etc.) Amendment (Coronavirus) Order 2021 Type of Instrument: Draft Affirmative Laid Date: 17 February 2021 Meeting Date: 4 March 2021 Minister to attend meeting: Yes Motion for annulment lodged: No Drawn to the Parliament’s attention by the Delegated Powers and Law Reform Committee?: No Reporting deadline: 28 March 2021 Committee consideration 1. The Committee will take evidence from Graeme Dey MSP, Minister for Parliamentary Business and Veterans, and then formally consider this instrument today. Purpose 2. This Order amends the Scottish Parliament (Elections etc.) Order 2015 (“the 2015 Order”) to provide for an elector, who has already appointed a proxy to vote for them, to change their proxy if the original proxy would not now be able to vote in person because they are following Scottish Government or medical advice by shielding or self-isolating due to coronavirus. 3. The Order widens the interpretation of “disability” in relation to emergency proxies. 4. The Order also corrects a minor cross-referencing error in the 2015 Order. 5. A copy of the Scottish Government’s Policy Note is included in Annexe A. Delegated Powers and Law Reform Committee (DPLRC) 6. The DPLRC considered this instrument at its meeting on 23 February 2021 and reported that it had no comments to make. Procedure for Affirmative Instruments 7. The draft Order was laid on 17 February 2021 and referred to the Standards, Procedures and Public Appointments Committee. The instrument is subject to affirmative procedure (Rule 10.6). It is for the Standards, Procedures and Public Appointments Committee to recommend to the Parliament whether the Order should be approved. The Minister has, by motion S5M-24190 (set out in the agenda), proposed that the Committee recommends the approval of the Order. 1 SSPA/S5/21/6/2 Decision 8. The Committee must decide whether or not to agree to the motion, and then report to Parliament accordingly, by 28 March 2021. 9. Should the Committee agree to the motion, it is invited to delegate the final approval of a short, factual report on the instrument to the Convener. Joanna Hardy Senior Assistant Clerk Standards Procedures and Public Appointments Committee March 2021 2 SSPA/S5/21/6/2 Annexe A POLICY NOTE The Scottish Parliament (Elections etc.) Amendment (Coronavirus) Order 2021 SSI 2021/XXX 1. The above instrument was made in exercise of the powers conferred by sections 12(1) and 113(2), (4) and (5) of the Scotland Act 1998 (“the 1998 Act”) and all other powers enabling the Scottish Ministers to do so. The instrument is subject to affirmative procedure. SUMMARY BOX This Order provides for an elector, who has already appointed a proxy to vote for them, to change their proxy if the original proxy would not now be able to vote in person because they are following Scottish Government or medical advice by shielding or self-isolating due to coronavirus. In addition this opportunity is also being taken to correct a minor error which was identified during the drafting of this Order and to widen the interpretation of “disability” in relation to emergency proxies. POLICY OBJECTIVES 2. The purpose of this instrument is to amend the Scottish Parliament (Elections etc.) Order 2015 (“the 2015 Order”, SSI 2015/425), which was recently amended by the Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (“the 2020 Order”, SSI 2020/426). The 2015 Order provides the rules governing the conduct of elections of members of the Scottish Parliament. 3. In terms of section 2(2) of the 1998 Act (as amended by the Scottish Elections (Reform) Act 2020), the next ordinary general election to the Scottish Parliament is scheduled to take place on 6 May 2021. 4. If approved, this Order will apply to any election for which the date of the poll is on or after 5 April 2021, the same coming into force date as for the 2020 Order. The same date has been chosen as this Order amends some of the provisions contained in the 2020 Order and it is therefore sensible to have both orders coming into force at the same time. 5. The changes set out in these regulations are as follows: 3 SSPA/S5/21/6/2 CORRECTION OF CROSS REFERENCE (ARTICLE 2(2)) 6. During the drafting process for this Order, an error in a cross-reference was picked up. Article 2(2) corrects this error. The reference to paragraph 7 of schedule 3 should refer to paragraph 8, the general proxy requirements. EMERGENCY APPOINTMENT OF PROXY – DISABILITY (ARTICLE 2(3)) 7. The 2020 Order included a new provision which allows for an “emergency” proxy appointment to be made in a situation where even though an elector’s disability happened before the deadline for a “normal” proxy appointment the elector was unable to apply before that deadline. If such a situation were now to arise, the individual can apply but they must provide an explanation of why they were unable to apply before the normal deadline. 8. Subsequent to the making of the 2020 Order, the Electoral Commission alerted the Scottish Government to the risk that the definition of “disability” contained in the amending provision in the 2020 Order may limit the effect of the new provision in a way which was not intended. This opportunity is therefore being taken to delete that definition. The effect of deleting this definition is that the general definition of “disability” in article 2 of the 2015 Order will apply, as it does to other uses of “disability” in schedule 3. This will allow “disability” to take its “natural” meaning, and pick up short-term incapacitating events that otherwise may inadvertently have been excluded. EMERGENCY CHANGE OF PROXY: CORONAVIRUS (ARTICLE 2(4) AND 2(5)) 9. The Electoral Commission has expressed concerns that an elector who has already appointed a proxy to vote on their behalf may be denied their vote if their proxy has to subsequently shield or self-isolate due to coronavirus restrictions and therefore cannot attend the polling place. The 2020 Order allowed for an elector who has to shield or self isolate to appoint a proxy, but it did not cover the situation of the appointed proxy having to self-isolate. 10. Therefore provision is being made for an elector to appoint a replacement person as their proxy, should their original proxy be unable to vote due to the need to follow either Scottish Government or medical advice in relation to coronavirus. An elector will be able to appoint a new proxy up until 5pm on the day of the poll, in line with the existing deadline for the appointment of emergency proxies.