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Article 4: The Parliamentary System, Selection, Voting.

Description

The nature and organisation of the unicameral Parliament; the number of members and constituencies; the electoral system of proportional representation; the Council of Ministers and administration of government within the terms of the constitution; eligibility, training and qualifications, life experience and restrictions to be an MP, remuneration and expenses; the election and duties of the Presiding Officer, the appointment of bodies to manage the fabric and effective administration of Parliament.

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Section 4.1. Subject to the rights of the People, the supreme legislative power is entrusted to a unicameral Parliament.

35 comments · 16 Aug 2020
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Section 4.2. Parliament consists of one hundred and eighty-eight Members of Parliament, elected from sixty Mainland constituencies and four Island constituencies – namely the Outer Hebrides (Na h-Eileanan Siar), the Inner Hebrides, the Orkney Isles and the Shetland Isles.

15 comments · 16 Aug 2020
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Section 4.3. There will be an executive Council of Ministers, comprising Cabinet Secretaries, Ministers and Law Officers, hereafter termed the Scottish Government (ref. section 7.5).

7 comments · 16 Aug 2020
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Section 4.4. Parliament will sit for a statutory period of five years and will be supported by a Civil Service.

3 comments · 16 Aug 2020
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Section 4.5. Representatives to the Scottish Parliament are elected through free elections and secret ballot and the seats are distributed on the principle of proportional representation in accordance with the law.

3 comments · 16 Aug 2020
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Section 4.6. Each Mainland constituency is represented by three Members of Parliament and each of the four Island constituencies is represented by two Members of Parliament.

11 comments · 16 Aug 2020
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Section 4.7. Parliamentary Constituency boundaries are determined by law, on the recommendation of the Boundary Commission, having due regard for population, geographical area, regional, cultural and historical ties, economic expediency and the requirements of regional planning.

2 comments · 16 Aug 2020
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Section 4.8. The general elections take place during the first week in May with the rules for campaign expenditure for parliamentary candidates being set by law.

6 comments · 16 Aug 2020
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Section 4.9. All Scottish citizens will be automatically entered onto the electoral register on attaining the Age of Legal Capacity and will retain registration for life. All registered Scottish citizens are entitled to vote in the Parliamentary elections and National referendums.

12 comments · 16 Aug 2020
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Section 4.10. All persons, with a minimum of five years’ work experience outwith the political field and eligible to vote in elections for the Scottish Parliament, are eligible to stand for election to Parliament. No person who holds executive, administrative, military, diplomatic or judicial public office (other than Ministerial office) may be elected to Parliament unless they resign from the incompatible office. All candidates for election will be selected at constituency level.

19 comments · 16 Aug 2020
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Section 4.11. Vacancies in Parliament arising from the death, resignation or removal of a member will be filled within three months. Unless a general election is due in that time, vacancies will be filled through a by- election.

1 comment · 16 Aug 2020
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Section 4.12. Parliament will elect from amongst its members a Presiding Officer and Deputy Presiding Officers to convene its sessions and enforce its rules of procedure. These Officers will be drawn from separate political groups. These officers are elected as the first item of business after each general election, by a secret ballot and by a simple majority vote. The Presiding Officer and the Deputy Presiding Officers when in the chair must perform their duties in a strictly non-partisan manner.

6 comments · 16 Aug 2020
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Section 4.13. Parliament will continue in office for a fixed statutory term of five years; and the Head of State, acting on the instruction of the Presiding Officer, will dissolve each Parliament on the fifth anniversary of the preceding dissolution, and issue writs for a general election to be held within the next thirty days.

2 comments · 16 Aug 2020
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Section 4.14. If Parliament has failed to appoint a new First Minister within the period of thirty days as specified in Section 7.3 of Article 7, then the Presiding Officer, after consulting the various parliamentary groups, will dissolve Parliament. Writs will thereupon be issued for a new general election to be held within the next thirty days.

4 comments · 16 Aug 2020
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Section 4.15. If Parliament, by a two-thirds majority vote of its members, passes a resolution calling for its own dissolution, in order to resolve an impasse or to seek a fresh mandate from the people, the Presiding Officer will dissolve parliament. Writs will therefore be issued for a general election to be held within a thirty day period.

3 comments · 16 Aug 2020
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Section 4.16. Parliament will have the power, in time of war or national public emergency, to extend its term of office for a period not exceeding twelve months, by means of a resolution passed by a two-thirds majority of its members.

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Section 4.17. Parliament will determine its own sessions and adjournments providing that it assembles within seven days after each general election, and it must assemble each year for the regular sessions as provided by law. The Presiding Officer will summon extraordinary sessions, whenever she/he deems it necessary, or if required by the Scottish Government, or by one-third of the members of Parliament.

6 comments · 16 Aug 2020
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Section 4.18. The Presiding Officer shall convene a Parliamentary Bureau consisting of Members of Parliament representing a cross-section of members. The Parliamentary Bureau will prepare Parliament’s agenda and order of business. The Bureau will propose the rules of procedure.

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Section 4.19. There will be a Parliamentary Corporate Body, consisting of Members of Parliament elected by proportional representation at the initial session of each Parliament. The Corporate Body will manage Parliament’s staff, buildings, facilities, security and budget.

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Section 4.20. All Members of Parliament will be allowed Freedom of speech and debate in Parliament, subject only to Parliament’s own rules of procedure (Standing Orders).

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Section 4.21. All Members of Parliament will be allowed freedom to vote free from intimidation from others. It is the responsibility of the Elected Members to ensure that the majority view of their constituents is prioritised over all other personal or political party considerations.

8 comments · 16 Aug 2020
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Section 4.22. All Members of Parliament (MPs) will be remunerated with a salary, and permitted allowances, to attract responsible candidates of the highest integrity, loyalty and work ethic. Within their first session of appointment, all MPs will be required to undertake training in accordance with section 13.3. While in office, MPs are not permitted to undertake any other employment, whether paid or unpaid except where required for the maintenance of professional qualifications.

14 comments · 16 Aug 2020

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