Presiding Officer of the Scottish Parliament

Last updated

Presiding Officer
of the Scottish Parliament
Scottish Gaelic: Oifigear Riaghlaidh Pàrlamaid na h-Alba
Scots: Preses o the Scots Pairlament
Scottish Parliament logo purple vertical.png
Logo used to represent the Scottish Parliament
Alison Johnstone MSP 2021.jpg
Incumbent
Alison Johnstone
since 13 May 2021
Scottish Parliamentary Corporate Body
Scottish Parliament
Style
Member of Scottish Parliamentary Corporate Body
Scottish Parliament
Privy Council
Seat Queensberry House, Edinburgh
NominatorScottish Parliament
(through secret exhaustive ballot voting)
AppointerScottish Parliament
(elected by)
Term length Elected by the Scottish Parliament at the start of each session, and upon a vacancy
Inaugural holder David Steel
Formation1999
Deputy Annabelle Ewing and
Liam McArthur [1]
Salary£118,511 per annum (2023) [2]
(including £67,662 MSP salary)
Website Presiding Officer of the Scottish Parliament

The presiding officer of the Scottish Parliament (Scottish Gaelic : Oifigear-Riaghlaidh, Scots : Preses [3] ) is the presiding officer and speaker of the Scottish Parliament. The office of presiding officer was established by the Scotland Act 1998, and the elected presiding officer is a member of the Scottish Parliament who is elected by the Scottish Parliament by means of an exhaustive ballot, and is ex officio the head of the Scottish Parliamentary Corporate Body. The presiding officer is considered a figurehead of the Scottish Parliament and has an office in Queensberry House.

Contents

Appointments to the Privy Council are made by the monarch, although in practice they are made only on the advice of the UK government. To date all presiding officers have been appointed members of the Privy Council, and therefore entitled to use the style 'Right Honourable'.

The current presiding officer is Alison Johnstone, who was elected on 13 May 2021, following the 2021 Scottish Parliament election. A member of the Scottish Greens, she was sworn in as presiding officer at the opening of the 6th session of the Scottish Parliament and is the second woman to hold the office and the first former member of the Scottish Greens to do so.

Responsibilities of office

Parliamentary responsibilities

The presiding officer presides over the Parliament's debates, determining which members may speak, and maintains order during debate. [4] The presiding officer is expected to be strictly non-partisan, with some similarities in this respect to the tradition of the Speaker of the House of Commons. For this reason, they renounce all affiliation with their former political party for the duration of their term. [5] They do not take part in debate, or vote except to break ties. Even then, the convention is that when the presiding officer uses their tie-breaking vote, they do so in favour of advancing debate, but on final ballots, retaining the status quo. The presiding officer is also assisted in their duties by 2 deputies. They have the same powers as the presiding officer; they keep their party affiliation but remain impartial when presiding.

In 2006 the St Andrews Fund for Scots Heraldry commemorated the hosting of the Heraldic & Genealogical Congress in Scotland by commissioning a ceremonial robe for the presiding officer to wear, however as of May 2017, it appears no presiding officer has worn the robe. [6]

Governmental responsibilities

As well as being the presiding officer and speaker of the Scottish Parliament, the Presiding Officer represents Scotland and the Scottish Government and parliament within Scotland and during international visits. The Presiding Officer welcomes dignitaries from other national parliaments to study policy issues of the Scottish Government, share information on ways of working as well as exchanging ideas and knowledge. The Presiding Officer, along with other members of the Scottish Parliament, may visit other national parliaments in order to improve understanding on shared interests and developing and strengthening good working relationships. [7]

The overall responsibilities and functions of the office of the Presiding Officer of the Scottish Parliament were detailed in the passing of the Scotland Act 1998. The act set out the responsibilities of the office in four areas; Purpose and Effect, General, Parliamentary Consideration and Details of Provisions. [8]

Purpose and effect

The purpose and effect section under Section 19 of the Scotland Act 1998 provides for the election of a Presiding Officer to the Scottish Parliament and requires two deputies to preside over the parliament. It outlines the details for the term of office of the Presiding Officer and deputies; the exercise of the Presiding Officer's functions by a deputy if the Presiding Officer is unable to act or the office of Presiding Officer is vacant, the delegation of the Presiding Officer’s functions to a deputy and participation of the Presiding Officer and deputies in proceedings of the Parliament. [9]

General

The General section of Section 19 of the Scotland Act 1998 highlight the general functions and responsibilities of the office of Presiding Officer. The Scotland Act 1998 highlights the general responsibilities of the Presiding Officer as being: [10]

The Presiding Officer presides over the monarch's speech at the opening of each session of the Scottish Parliament The Queen at the Scottish Parliament (15242890237).jpg
The Presiding Officer presides over the monarch's speech at the opening of each session of the Scottish Parliament
  • Sections 2, 3 and 9 - recommending to the monarch the date for holding general elections and fixing the dates of by-elections;
  • Sections 10 and 14 - receiving notification of a member’s resignation and of the filling of a vacancy in a regional seat;
  • Section 21 - membership of the Scottish Parliamentary Corporate Body;
  • Section 26 - administering oaths to witnesses before the Parliament;
  • Sections 31 to 35 - scrutiny of Bills and submission of Bills for Royal Assent; and
  • Sections 45 and 46 - recommending to the monarch the Parliament's choice of First Minister and the appointment of another member to exercise the First Minister's functions in certain circumstances.
  • The Standing Orders of the Parliament also provide that the Presiding Officer shall have such other functions as may be conferred upon him or her by the Parliament or by the Standing Orders. [11]

Details of provision

Subsection (1) of Section 19 of the Scotland Act 1998 requires the Parliament following its first meeting after a general election to the Scottish Parliament has taken place, to elect from amongst its membership a Presiding Officer and two deputies. The elections have to take place after members take their oath of allegiance due to the fact that the members cannot take part in any proceedings until they have done so under section 84(2) of the Scotland Act 1998. [12]

Subsection (2) of the Section 19 of the Scotland Act 1998 provides for the office holder of either the Presiding Officer or Deputy Presiding Officer to hold office until:

  • a new Presiding Officer is elected;
  • the Presiding Officer resigns;
  • the Presiding Officer ceases to be a member otherwise than by virtue of a dissolution; or
  • the incumbent Presiding Officer is removed from office by resolution of the Parliament.

In Law, the Presiding Officer and the deputies will not cease to hold the office of Presiding Officer merely because of the dissolution of the Parliament before a general election. The incumbent office holders will continue to serve office until such time as the new Parliament elects a Presiding Officer (and the deputies) under subsection (1). [13]

Presiding Officer Alison Johnstone presides over the first speech to the Scottish Parliament by King Charles III King Charles III addresses Scottish Parliament Sep 2022.jpg
Presiding Officer Alison Johnstone presides over the first speech to the Scottish Parliament by King Charles III

Subsection (3) requires members of the Scottish Parliament to elect a replacement for the Presiding Officer or a deputy who ceases to hold office for any reason before dissolution of the Parliament that may result in the Presiding Officer or a deputy leaving or being removed from the office. Subsection (4) highlights that the Presiding Officer’s functions may be exercised by a deputy if the office is vacant for whatever reason, or alternatively if the Presiding Officer is for any reason unable to act and fulfil the duties of office. Subsection (5) empowers the Presiding Officer, subject to standing orders, to authorise any deputy to exercise functions on their behalf. [14]

Subsection (6) gives the presiding officer the power through standing orders to regulate the participation of the Presiding Officer and deputies in proceedings of the Parliament. They may cover any constraints on the way in which the Presiding Officer and deputies may vote in proceedings which they chair. Subsection (7) provides that the validity of any act of the Presiding Officer or a deputy is not affected by any defect in the election. [15]

Future of the role

The Scottish National Party proposes that in the event of independence, the presiding officer's post be replaced with that of chancellor of Scotland. In addition to presiding over the Scottish Parliament, the chancellor would possess additional constitutional powers during the absence of the monarch from Scotland; chiefly, the chancellor should act in a role similar to a governor-general in the other Commonwealth realms. [16]

Office holders

List of Presiding Officers

No.PortraitName

(birth and death)

Constituency/Region

Term of officeFormer party
1 Sir David Steel MSP.jpg Sir David Steel [lower-alpha 1]

(1938–)

MSP for Lothian

12 May 19997 May 2003 Scottish Liberal Democrats
2 George Reid MSP.jpg George Reid

(1939–)

MSP for Ochil

7 May 200314 May 2007 Scottish National Party
3 Alex Fergusson 2007.jpg Alex Fergusson

(1949–2018)

MSP for Galloway and Upper Nithsdale

14 May 200711 May 2011 Scottish Conservatives
4 Official Portrait of Tricia Marwick, 2011.jpg Tricia Marwick

(1953–)

MSP for Mid Fife and Glenrothes

11 May 201112 May 2016 Scottish National Party
5 Ken Macintosh 2021.jpg Ken Macintosh

(1962–)

MSP for West Scotland

12 May 201613 May 2021 Scottish Labour
6 Alison Johnstone MSP 2021.jpg Alison Johnstone

(1965–)

MSP for Lothian

13 May 2021 Incumbent Scottish Greens
  1. Officially styled as The Lord Steel of Aikwood, but he was known as Sir David Steel in the Scottish Parliament.

List of deputy presiding officers

NamePartyConstituency / RegionNamePartyConstituency / Region
Patricia Ferguson 12 May 1999 – 27 November 2001 Scottish Labour Glasgow Maryhill George Reid
12 May 1999 – 7 May 2003
Scottish National Party Mid Scotland and Fife
Murray Tosh 29 November 2001 – 2 April 2007 Scottish Conservatives South of Scotland (1999–2003)
West of Scotland (2003–2007)
Trish Godman
7 May 2003 – 22 March 2011
Scottish Labour West Renfrewshire
Alasdair Morgan 10 May 2007 – 22 March 2011 Scottish National Party South of Scotland
John Scott 11 May 2011 – 12 May 2016 Scottish Conservatives Ayr Elaine Smith 11 May 2011 – 12 May 2016 Coatbridge and Chryston
Linda Fabiani 12 May 2016 – 12 May 2021 Scottish National Party East Kilbride Christine Grahame 12 May 2016 – 12 May 2021 Scottish National Party Midlothian South, Tweeddale and Lauderdale
Lewis Macdonald (Interim) 1 April 2020 – 12 May 2021 Scottish Labour North East Scotland
Annabelle Ewing [1] 14 May 2021 - Scottish National Party Cowdenbeath Liam McArthur [1] 14 May 2021 - Scottish Liberal Democrats Orkney

Current presiding officer and deputy presiding officer

PositionCurrent holderTerm startedPartyConstituency / Region
Presiding Officer of the Scottish Parliament Alison Johnstone Official Portrait of Alison Johnstone MSP.jpg 13 May 2021 Scottish Greens
(Suspended during term as Presiding Officer)
Lothian
Deputy Presiding Officer of the Scottish Parliament Annabelle Ewing Annabelle Ewing MSP.jpg 14 May 2021 Scottish National Party Cowdenbeath
Deputy Presiding Officer of the Scottish Parliament Liam McArthur Official Portrait of Liam McArthur MSP.jpg 14 May 2021 Scottish Liberal Democrats Orkney

List of elections

Presiding Officer electionsVotes received
Parliamentary termDateCandidates1st Round2nd Round3rd Round
1st Parliament 31 May 1999 Sir David Steel 82
George Reid 44
2nd Parliament 7 May 2003 [17] George Reid 113
3rd Parliament 14 May 2007 Alex Fergusson 108
Margo MacDonald 20
4th Parliament 11 May 2011 [18] Tricia Marwick 4973
Hugh Henry 4556
Christine Grahame 32ELIMINATED
5th Parliament 12 May 2016 [19] Ken Macintosh 586071
Murdo Fraser 232631
Johann Lamont 232626
John Scott 1715ELIMINATED
Elaine Smith 7ELIMINATED
6th Parliament 13 May 2021 [20] Alison Johnstone 97

See also

Related Research Articles

<span class="mw-page-title-main">House of Lords</span> Upper house of the Parliament of the United Kingdom

The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century.

<span class="mw-page-title-main">Scottish Parliament</span> Devolved parliament of Scotland

The Scottish Parliament is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyrood. The Parliament is a democratically elected body comprising 129 members known as Members of the Scottish Parliament (MSPs), elected for five-year terms under the regionalised form of additional member system (MMP): 73 MSPs represent individual geographical constituencies elected by the plurality (first-past-the-post) system, while a further 56 are returned as list members from eight additional member regions. Each region elects seven party-list MSPs. Each region elects 15 to 17 MSPs in total. The most recent general election to the Parliament was held on 6 May 2021, with the Scottish National Party winning a plurality.

<span class="mw-page-title-main">Legislative consent motion</span> Consent to UK law affecting devolved matter

A legislative consent motion is a motion passed by either the Scottish Parliament, Senedd, or Northern Ireland Assembly, in which it consents that the Parliament of the United Kingdom may pass legislation on a devolved issue over which the devolved government has regular legislative authority.

<span class="mw-page-title-main">Politics of Scotland</span> Overview of the politics of Scotland

The politics of Scotland operate within the constitution of the United Kingdom, of which Scotland is a country. Scotland is a democracy, being represented in both the Scottish Parliament and the Parliament of the United Kingdom since the Scotland Act 1998. Most executive power is exercised by the Scottish Government, led by the First Minister of Scotland, the head of government in a multi-party system. The judiciary of Scotland, dealing with Scots law, is independent of the legislature and the Scottish Government. Scots law is primarily determined by the Scottish Parliament. The Scottish Government shares some executive powers with the Government of the United Kingdom's Scotland Office, a British government department led by the Secretary of State for Scotland.

<span class="mw-page-title-main">Scottish Government</span> Devolved government of Scotland

The Scottish Government is the devolved government of Scotland. It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution. It has the responsibility for the economy of Scotland, the educational system in Scotland, health care, justice, Scots law, rural affairs, housing, environment, equal opportunities, the transportation network and tax, amongst others.

<span class="mw-page-title-main">First Minister of Scotland</span> Leader of the Scottish Government

The first minister of Scotland is the head of the Scottish Government and is the keeper of the Great Seal of Scotland. The first minister chairs the Scottish Cabinet and is primarily responsible for the formulation, development and presentation of Scottish Government policy. Additional functions of the first minister include promoting and representing Scotland in an official capacity, at home and abroad.

<span class="mw-page-title-main">High Court of Justiciary</span> Supreme criminal court in Scotland

The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi.

The Law Officers are the senior legal advisors to His Majesty's Government of the United Kingdom and devolved governments of Northern Ireland, Scotland and Wales. They are variously referred to as the Attorney General, Solicitor General, Lord Advocate, or Advocate General depending on seniority and geography - though other terms are also in use, such as the Counsel General for Wales. Law Officers in these roles are distinguished by being political appointees, while also being bound by the duties of independence, justice and confidentiality among the other typical professional commitments of lawyers. These roles do not have any direct oversight of prosecutions nor do they directly lead or influence criminal investigations. This is a distinguishing factor between Law Officers and the State Attorneys General of the United States or US Attorney General.

<span class="mw-page-title-main">Advocate General for Scotland</span> One of the Law Officers of the Crown

His Majesty's Advocate General for Scotland is one of the Law Officers of the Crown, whose duty it is to advise the Crown and His Majesty's Government on Scots law. The Office of the Advocate General for Scotland is a ministerial department of His Majesty's Government. The position is currently held by Lord Stewart of Dirleton.

<span class="mw-page-title-main">United Kingdom constituencies</span> Various types of electoral area in the UK

In the United Kingdom (UK), each of the electoral areas or divisions called constituencies elects one member to the House of Commons.

<span class="mw-page-title-main">Joe FitzPatrick</span> Scottish Local Government Empowerment & Planning Minister

Joseph Martin FitzPatrick is a Scottish politician who has served as Minister for Local Government Empowerment and Planning since March 2023. A member of the Scottish National Party (SNP), he has been the Member of the Scottish Parliament (MSP) for Dundee City West since the 2007. Prior to his Ministerial appointment, he was Convener of the Scottish Parliament's Equalities, Human Rights and Civil Justice Committee. He served as Minister for Public Health, Sport and Wellbeing from 2018 to until his resignation in 2020. He also served as Minister for Parliamentary Business from 2012 to 2018.

<span class="mw-page-title-main">Scottish devolution</span> Since 1707 Acts of Union to present day

Devolution is the process in which the central British parliament grants administrative powers to the devolved Scottish Parliament. Prior to the advent of devolution, some had argued for a Scottish Parliament within the United Kingdom – while others have since advocated for complete independence. The people of Scotland first got the opportunity to vote in a referendum on proposals for devolution in 1979 and, although a majority of those voting voted 'Yes', the referendum legislation also required 40% of the electorate to vote 'Yes' for the plans to be enacted and this was not achieved. A second referendum opportunity in 1997, this time on a strong proposal, resulted in an overwhelming 'Yes' victory, leading to the Scotland Act 1998 being passed and the Scottish Parliament being established in 1999.

<span class="mw-page-title-main">2021 Scottish Parliament election</span> General election in Scotland

The 2021 Scottish Parliament election took place on 6 May 2021, under the provisions of the Scotland Act 1998. All 129 Members of the Scottish Parliament were elected in the sixth election since the parliament was re-established in 1999. The election was held alongside the Senedd election, English local elections, London Assembly and mayoral election and the Hartlepool by-election.

<span class="mw-page-title-main">Alison Johnstone</span> Presiding Officer of the Scottish Parliament

Alison Johnstone is a Scottish politician who has served as the Presiding Officer of the Scottish Parliament since 2021. Elected as a member of the Scottish Greens, she relinquished her party affiliation on becoming Presiding Officer. She has been a Member of the Scottish Parliament (MSP) for the Lothian region since 2011.

<span class="mw-page-title-main">2016 Scottish Parliament election</span> Parliamentary election held in Scotland

The 2016 Scottish parliament election was held on Thursday, 5 May 2016 to elect 129 members to the Scottish Parliament. It was the fifth election held since the devolved parliament was established in 1999. It was the first parliamentary election in Scotland in which 16 and 17 year olds were eligible to vote, under the provisions of the Scottish Elections Act. It was also the first time the three largest parties were led by women.

<span class="mw-page-title-main">Judiciary of Scotland</span> Judicial office holders in the courts of Scotland

The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.

<span class="mw-page-title-main">5th Scottish Parliament</span> Fifth session of Scottish Parliament

This is a list of members of the Scottish Parliament (MSPs) who were returned to the fifth session of the Scottish Parliament. Of the 129 MSPs returned at the 2016 general election, 73 were returned from first past the post constituencies with a further 56 members returned from eight regions, each electing seven MSPs as a form of mixed member proportional representation.

<span class="mw-page-title-main">Next Scottish Parliament election</span> Upcoming general election to be held in Scotland

The next Scottish Parliament election is due to be held on Thursday 7 May 2026 to elect 129 members to the Scottish Parliament. It will be the seventh general election since the devolved parliament was established in 1999.

<span class="mw-page-title-main">6th Scottish Parliament</span> Members of the 6th Scottish Parliament

The 6th Scottish Parliament was elected at the 2021 Scottish Parliament election. It was opened with the Escort to the Crown of Scotland Parade and Speech from the Throne on 2 October 2021.

<span class="mw-page-title-main">Gender Recognition Reform (Scotland) Bill</span> Proposed Scottish law

The Gender Recognition Reform (Scotland) Bill is a bill passed by the Scottish Parliament. The bill seeks to amend the Gender Recognition Act 2004 of the Parliament of the United Kingdom, making it simpler for people to change their legal gender. On 17 January 2023, the United Kingdom government used section 35 of the Scotland Act 1998 to block the bill from receiving royal assent, the first time section 35 has been used.

References

  1. 1 2 3 Davidson, Jenni (14 May 2021). "Scottish Parliament's deputy presiding officers elected after five-hour voting session". Holyrood . Edinburgh. Archived from the original on 17 May 2021. Retrieved 17 May 2021.
  2. "MSP salaries". parliament.scot. The Scottish Parliament. 5 April 2023.
  3. "Your Scots Pairlament" (PDF). www.parliament.scot (in Scots). Scottish Parliament. p. 9. Archived from the original (PDF) on 12 November 2020.
  4. Black, Andrew (14 May 2007). "Q&A: Holyrood presiding officer". BBC News . BBC. Archived from the original on 26 August 2007. Retrieved 17 January 2015.
  5. "Former Scottish Parliament Presiding Officers on the devolution years". Holyrood . 13 July 2016. Archived from the original on 10 June 2021. Retrieved 10 June 2021.
  6. Cusack, Andrew (3 June 2010). "The Presiding Officer's Gown | andrewcusack.com". www.andrewcusack.com. Archived from the original on 8 July 2017. Retrieved 12 May 2017.
  7. "International Connections". Scottish Parliament. Retrieved 16 September 2023.
  8. "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  9. "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  10. "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  11. "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  12. "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  13. "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  14. "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  15. "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  16. Principles of the Constitution Archived 4 March 2016 at the Wayback Machine , at constitutionalcommission.org (.pdf file)
  17. "Reid wins presiding officer role". 7 May 2003. Retrieved 7 April 2023.
  18. "SNP MSP Tricia Marwick elected presiding officer". BBC News. 11 May 2011. Retrieved 7 April 2023.
  19. "Ken Macintosh chosen as Holyrood presiding officer". BBC News. 12 May 2016. Retrieved 7 April 2023.
  20. News, S. T. V. (13 May 2021). "Scottish Greens MSP elected as new Presiding Officer". STV News. Retrieved 7 April 2023.{{cite web}}: |last= has generic name (help)