Scottish Parliament Approves New Law to Strengthen Democracy and Ban Dual Mandates for MSPs and MPs
Scotland's democratic processes are set to be significantly enhanced following the Scottish Parliament’s unanimous approval of the Scottish Elections (Representation and Reform) Bill. The new legislation introduces several important reforms aimed at safeguarding the integrity of the electoral system, improving candidate safety, and addressing potential conflicts of interest among elected officials.
Among the most notable changes is a ban on dual mandates, meaning that individuals will no longer be allowed to simultaneously serve as a Member of the Scottish Parliament (MSP) and as a Member of Parliament (MP) or a Peer in the House of Lords. This move has been widely welcomed as a step towards strengthening the focus and accountability of public officeholders.
The decision comes against the backdrop of the controversy surrounding SNP Westminster leader Stephen Flynn, who faced criticism after initially indicating his desire to run for a Scottish Parliament seat while remaining an MP. His subsequent U-turn on the issue has placed the spotlight on the need for clear rules to prevent dual mandates.
The Scottish Elections (Representation and Reform) Bill is a comprehensive reform package that includes several important updates to modernise the electoral process.
Ban on Dual Mandates: This regulation will prevent an individual from serving as both an MSP and an MP or a Peer. New rules for dual mandates will be formalised by 2025, ensuring they are in place for the 2026 Scottish elections.
Disqualification of Candidates Convicted of Sexual Offences: Any person convicted of a sexual offence or subject to a sexual offence order will be barred from becoming an MSP. This measure has been introduced to uphold the integrity of elected positions and protect public trust.
Improved Candidate Safety: Measures will be put in place to enhance the safety of candidates and campaigners during elections.
Fairness, Transparency, and Foreign Spending Controls: The Bill seeks to improve campaign rules to prevent undue foreign influence in Scottish elections.
Public Consultation on Dual Mandates: A public consultation on the rules regarding dual mandates will be published in January 2025. Final regulations are expected in the autumn of 2025, giving MSPs the opportunity to scrutinise and vote on the new rules before the 2026 elections.
The ban on dual mandates has been widely viewed as a positive step for democracy. Holding both an MSP and MP role simultaneously raises serious questions about divided loyalties and the capacity of one person to fully represent two different constituencies at the same time. Critics argue that it risks reducing the effectiveness of representatives, as both Westminster and Holyrood roles demand significant time and attention.
The controversy surrounding Stephen Flynn, SNP Westminster leader and MP for Aberdeen South, brought this issue into sharp focus. Flynn's original plan was to hold both roles simultaneously, arguing that he would not draw two salaries and that it was intended as a cost-saving measure. However, this approach faced criticism from within his own party and from opposition parties alike, who branded it a "humiliating U-turn".
The Scottish Conservatives were particularly vocal, with deputy leader Rachael Hamilton describing Flynn's initial approach as "arrogant" and "hypocritical." Hamilton stated that the move reflected a sense of entitlement within the SNP leadership, suggesting that politicians were willing to "play by their own rules."
This sentiment was echoed by other political figures and commentators, who argued that the very existence of dual mandates creates the perception that politicians are “double-jobbing”, picking up two paychecks while only being able to dedicate part of their attention to each role.
The SNP's National Executive Committee (NEC) has faced pressure to clarify its own rules on dual mandates, which were tightened ahead of the 2021 election to prevent MPs from running as MSPs unless they first resigned from their Westminster seat. Flynn's attempt to circumvent this rule highlighted the need for clearer, more enforceable standards, and the new Bill is a direct response to that call.
Analysis: The Pros and Cons of the New Reforms
The Pros
Improved Accountability: By banning dual mandates, the Bill ensures that MSPs are fully focused on their role in Holyrood, rather than juggling two different sets of responsibilities.
Restored Public Confidence: The public often views "double-jobbing" as opportunistic, especially when politicians are perceived as using one role as a "fallback" plan in case they lose the other. Clear rules banning dual mandates send a strong message that public officials are dedicated to serving one role at a time.
Safeguards Against Sexual Offenders in Politics: The introduction of rules to prevent those convicted of sexual offences from becoming MSPs is a welcome development. This measure aligns with growing public demand for greater accountability and ethical standards among elected representatives.
Increased Candidate Safety: New rules to protect candidate safety during election campaigns are timely, given the rise in harassment of public officials. Ensuring candidates can campaign safely is essential to upholding Scotland’s democratic principles.
Clarity for Political Parties: Political parties like the SNP now have a clearer legal framework to work within. The party's NEC will no longer have to issue its own guidance on dual mandates, as the new law will settle the matter once and for all.
The Cons
Loss of Flexibility for Smaller Parties: For smaller political parties with limited candidate pools, a ban on dual mandates could reduce flexibility. They may have fewer experienced politicians available to contest seats, especially if their key figures are already MPs.
Timing and Implementation: While the Bill introduces robust reforms, many of the changes, especially the regulations on dual mandates, will not come into force until 2026. Some critics argue that these rules should be in place sooner to prevent potential loopholes.
The Scottish Elections (Representation and Reform) Bill represents a step towards greater integrity, transparency, and public trust in Scotland's electoral system. By banning dual mandates, Parliament is ensuring that elected officials dedicate their full attention to the role they were elected to perform.
Stephen Flynn’s attempt to hold a dual mandate put the issue under the spotlight, and his eventual U-turn only reinforced the importance of having clear, enforceable rules. While Flynn initially justified his dual-role ambitions as a cost-saving measure, the backlash from both his party and the wider public exposed the flaws in the approach.
By formalising the rules on dual mandates, the Bill ensures that no future politician will be able to hold both MSP and MP roles at the same time. This move strengthens public trust, reinforces democratic accountability, and removes any perception of political opportunism.
As Scotland looks ahead to the 2026 Holyrood election, candidates will no longer be able to hedge their bets with dual roles, a move that has been seen by many as long overdue. Combined with additional measures to disqualify those with convictions for sexual offences from standing for election, the Bill is a clear signal that Scotland is serious about raising ethical standards in its democracy.
