A failure to pass new legislation enabling the removal of MSPs for serious misconduct would represent a failure of the Scottish Parliament, the politician behind the bill has stated.
What the Recall Bill Proposes
The Scottish Parliament (Recall and Removal of Members) Bill, proposed by Reform UK MSP Graham Simpson, successfully passed its first parliamentary stage on Thursday 13 November 2025. The vote saw 81 MSPs in favour, zero against, and 35 abstentions.
The proposed law would establish a mechanism to sack Members of the Scottish Parliament under two key conditions: if they receive a prison sentence of more than six months, or if they are barred from Holyrood for 10 sitting days or more.
Cross-Party Support and Key Concerns
While the Scottish Government supports the bill's general principles, parliamentary business minister Graeme Dey stated that support is conditional on amendments being made at stage two. These changes must address significant concerns highlighted in a recent committee report.
Holyrood’s Standards, Procedures and Public Appointments Committee had raised issues about the costs associated with recalling MSPs and the specific process for handling regional list representatives.
Mr Simpson expressed his openness to collaboration, stating he is willing to work with others to refine the legislation. However, he remained adamant that a recall process is essential. If the Parliament doesn’t get this Bill over the line this session, then Scotland will be left as the only part of the UK without a recall system, he warned during the debate.
Proposed Amendments and Process Details
To address concerns, Mr Simpson announced he will propose an amendment aligning the recall process for regional list MSPs with similar proposals from the Welsh Government.
For constituency MSPs, a recall petition would be triggered, requiring 10% of their constituents to sign for them to lose their seat. The new proposal for regional representatives would involve a poll requiring a simple majority of those voting for removal.
SNP MSP Kevin Stewart, who is not standing for re-election, successfully proposed an amendment to the motion, calling for agreement on a parliamentary complaints and sanctions process related to the legislation. His amendment passed with 66 votes in favour, 47 against, and two abstentions.
Mr Stewart emphasised his impartiality, stating he has no skin in the game but wants to see a fair system in place for MSPs of all political colours.
