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21 Oct 2025
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21 Oct 2025
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The Scottish Conservatives have launched a consultation on a Bill aimed at unseating MSPs convicted of a crime or who do not take part in their parliamentary duties.
The Removal from Office and Recall Bill has been proposed by MSP Graham Simpson, and follows the case of Derek Mackay.
The former finance secretary resigned from Government after a number of messages he had sent to a 16-year-old boy were made public.
Mr Mackay stayed in post as an MSP and claimed a parliamentary salary but failed to return to Holyrood for more than a year before standing down at last year’s election.
The Bill would allow for the dismissal of MSPs who do not take part in parliamentary proceedings for six months or more without a valid reason.
Mr Simpson said the legislation would also amend current laws to automatically remove an MSP handed a prison sentence, regardless of length.
An MSP currently has to be sentenced to a year or more in prison to be removed.
Mr Simpson said: “The vast majority of MSPs enter politics to serve their constituents to the best of their ability – but in all parties there may be members who have abused their position or failed to meet the high standards expected of them.
“This Bill will provide the levers to remove them from office.
“The taxpayer should not be paying for an empty seat in the Parliament debating chamber, nor should constituents be left unrepresented if their MSP is serving jail time.
“This Bill is common sense and would 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.
“I urge fellow MSPs of all parties to back it.”
The Bill would also potentially institute a recall system for MSPs, allowing voters to force a by-election if their representative has been sanctioned for breaking parliamentary rules.
The consultation, responses to which can be submitted at http://www.parliament.scot/MSP-removal-from-office, is open until April 13.
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