Scottish Government to Support Ban on Dual Mandates for MSPs

The Scottish government intends to support a proposal to prevent Members of the Scottish Parliament (MSPs) from simultaneously serving as Members of Parliament (MPs) or members of the House of Lords, prior to the 2026 Holyrood election. Discussions surrounding these ‘dual mandates’ intensified following an announcement by Stephen Flynn, the SNP’s Westminster leader, of his desire to hold seats in both parliaments. Next week, MSPs are scheduled to review amendments to an election reform bill, prompted by demands for legislative change. The government has stated its intention to endorse the disqualification of MSPs from also holding seats in the Commons or Lords, but first plans to conduct a public consultation. Jamie Hepburn, the Parliamentary Business Minister, indicated his goal to implement regulations in 2025, in advance of the Holyrood election the subsequent year. A public consultation regarding these proposed changes is expected to be released by the government in January. Minister Hepburn stated that the government has “been clear that it is supportive of ending the practice of dual mandates where MSPs are also able to be MPs or peers”. He also mentioned his close collaboration with Conservative MSP Graham Simpson, who has been a prominent advocate for this prohibition. Hepburn further commented: “I hope that parliament will support these amendments as a good solution to ensure the issue of dual mandates can be considered properly and regulations informed fully, whilst ensuring the changes can take place ahead of the 2026 election.” Ross Greer, a Greens MSP who backed Simpson’s amendment, remarked: “It is impossible to be an MSP in Edinburgh and an MP in London at the same time and to do a good job in both of those roles. “Serving Scotland is a privilege and a challenge. It requires elected representatives who are completely dedicated to serving their constituents, not their personal career ambitions.” Simpson has also put forward an additional amendment that could lead to councillors being disqualified from simultaneously serving as MSPs. Stephen Flynn retracted his earlier intention to seek a dual mandate, having initially announced plans to contest the 2026 Holyrood election for the SNP while retaining his Westminster seat until the subsequent general election. He stated that he had pursued a dual mandate “for the right reasons” but acknowledged he had “got the call wrong”. Numerous MSPs have previously held dual mandates, serving either as members of the House of Lords, the House of Commons, or as councillors; this includes 20 individuals in the current term. The amendments proposing to prohibit dual mandates were drafted by a Conservative MSP, in collaboration with an SNP minister, and officially seconded by a Green MSP. Consequently, it appears highly probable that these amendments will receive substantial parliamentary support. The concept of dual mandates has not consistently generated controversy at Holyrood. For instance, John Swinney held positions as both an MSP and an MP simultaneously, mirroring several politicians who transitioned from Westminster to Edinburgh in 1999. Later, Alex Salmond successfully managed to hold roles in both parliaments alongside a third at Bute House, continuing as an MP during his initial three years as Scotland’s first minister. However, public and political sentiment has become more stringent as Holyrood and its growing authority have become more established within the political system. This shift culminated when Stephen Flynn declared his intention to pursue a dual mandate merely weeks after his re-election as an MP. Nonetheless, the implications of this initiative for individuals aspiring to be MSPs while holding seats in other parliaments remain uncertain. The proposed amendments would “disqualify” members of the Commons or Lords from serving in the Scottish Parliament, but the precise operational details are to be defined through subsequent regulations. Consequently, it might ultimately be left to political parties to determine whether MPs must resign and prompt a by-election immediately upon securing a Holyrood seat, or if – consistent with the SNP’s 2021 stipulation – they are required to relinquish their “other” seat beforehand and conduct a high-stakes campaign without a fallback option. This particular aspect could prove crucial in the decision-making process for MPs such as Stephen Flynn.