Labour MSP Mary Fee suggests the bill is currently a one-size-fits-all piece of legislation.

Mr Russell says there needs to be discussion on what it should look like instead and adds this can be altered at stage 2.

Parliament would be involved at all levels of scrutiny he insists.

Ms Fee wonders if the minister would consider a statutory consultation requirement.

Mr Russell says this can be considered based on the topic of the referendum.

The Electoral Commission would want to assess the wording of the question for a new Scottish independence vote even if it was the same one used in 2014.

A Scottish government official has suggested this would be unnecessary as the question is already "tested".

But the election watchdog said it would want to review the question in the light of possible new evidence.

The Scottish government said the 2014 vote provided a clear precedent for a simple, straightforward question.

Read more.

Mr Russell says the government will be flexible on all matters around any referendum.

Mr Simpson asks if subordinate legislation is always used, is there not a risk any government could force through or rush through substantial plans for a referendum.

There is nothing in this that says the government can just say it and do it, replies the Brexit secretary, adding scrutiny and debate will always be possible.

Mr Russell insists the introduction of a framework for referendums has been broadly welcomed.

We should consider whether we can allow for different levels of scrutiny for different topics he suggests.

The Brexit secretary agrees one requiring a section 30 order should be subject to more scrutiny than others, say on bin collections, as suggested by the committee convener.

Mr Simpson suggests this could be included in the bill and the cabinet secretary replies this is something he would be happy to discuss.

The question, date and campaign period for a future independence referendum would be set by ministers through secondary legislation if the Referendums (Scotland) Bill passes in its current form.

However, academics have warned this is a "retrograde step" and would be an "extraordinary power to confer to ministers".

Dr Alan Renwick from the Constitution Unit at University College London told the constitution committee last week that any referendum should be subject to the highest scrutiny in advance of it being called.

He expressed concern that secondary legislation tends top undergo less scrutiny than primary legislation, while also noting secondary legislation is not amendable.

Image source, bbc

Mr Russell says the Electoral Commission is quite right to continually review the legislation around elections and he details the bills before Holyrood relating to this topic: the Referendums Bill, a franchise bill and a broader bill on all elections

Mr Simpson says the Law Society of Scotland has reservations about the use of subordinate legislation as such issues require full and proper scrutiny which this legislation does not provide.

The committee convener quotes Dr Alan Renwick who last week told MSPs he had concerns about ministers having blanket powers to call referendums through secondary legislation.

Convener Graham Simpson asks why the government has chosen to go down the route of subordinate legislation being used to set the question and date of a referendum.

Mr Russell explains the bill is simply a framework for any future referendum, with the details of specific referendums to use this as its basis.

"We are trying to make sure there is a standing set of arrangements."

Image source, bbc

Mr Russell insists the bill reflects best practice and puts the interests of the voter first.

The Brexit secretary says the government was careful to get the balance right between primary legislation and delegated powers, and to ensure parliament can carry out informed scrutiny.

He says: "We're not precious about the details."

Image source, Getty Images

Legislation which could pave the way for a new Scottish independence referendum has been tabled at Holyrood.

The Scottish government wants to put the question of independence to a new public vote in the second half of 2020.

However, the Referendums (Scotland) Bill does not set a date or question, with ministers seeking agreement with the UK government.

First Minister Nicola Sturgeon said "now more than ever it is essential that we keep Scotland's options open".

Read more.

Giving evidence for this session is:

• Brexit Secretary Michael Russell
• Penny Curtis from the Scottish government
• Rebecca Whyte from the Scottish government
• Graham Fisher from the Scottish government

How many prisoners were actually effected by this, asks Mr Simpson.

Mr Russell says he is unable to say but the estimate was that up to five individuals could have been eligible.

"We don't know if they have voted."

That ends this session.

Mr Simpson asks again if Mr Russell needed to go as far as he did.

The government business secretary replies the committee of minister's view would not be compatible with the ECHR view.

He reiterates his decision was the right and safest way to do this.

Mr Russell points out something had to be done for the Shetland by-election.

Image source, bbc

SNP MSP Stuart McMillian asks if there is another by-election, would Mr Russell bring forward another remedial order.

The minister replies that would depend on whether it was in the recess again and he goes on to insist the government welcomes scrutiny.

The timing was not helpful for scrutiny for anyone says Mr McMillan.

Convener Graham Simpson highlights the UK government is to allow the following groups to vote:

• prisoners on remand
• those in prison for contempt of court
• those in prison due to defaulting on fines
• some prisoners on a temporary license
• and prisoners released on home detention curfew.

The Scottish government appears to have gone beyond that, he says, asking why.

The decision of the UK government has not yet been tested, Mr Russell replies.

My view is that this will inevitably result in challenges, he adds.

Mr Simpson asks if this was the only course of action the government could have taken.

The government business minister says there were three options:

1. do nothing, which was "completely unacceptable"
2. emergency legislation requiring the recall of parliament
3. find secondary legislation via the convention method, which the government felt was the right way to proceed

Image source, bbc

Mr Russell posits that MSPs might not have welcomed the recall of parliament during the summer.

"You may well be right," concurs Mr Simpson

Image source, Getty Images

Prisoners in Scotland were temporarily be given the right to vote in the recent Shetland by-election.

Michael Russell issued a remedial order to bring voting rights for the by-election into line with the European Convention on Human Rights ruling.

It will allow prisoners who meet the wider franchise criteria, and who are serving sentences of 12 months or less, to register for a vote in the by-election.

Mr Russell said it will then be repealed before a full parliamentary debate on legislation for a "long term solution" on prisoner voting rights.

Read more.

Mr Russell apologises for being unable to give advance notice about the order which allowed some prisoners to vote in the Shetland by-election.

He explains there was only a limited period available to take action, given the election notice was published in 15 July and the deadline for voter registration was 13 August.

The blanket ban on prisoner voting is not fit for purpose and is not compatible with the European Convention of Human Rights, he states.

Image source, bbc

The committee is discussing the decision to allow prisoners to vote in the recent Shetland by-election.

The change was made using a remedial order during summer recess, meaning no Holyrood committee was able to scrutinise it.

The committee wrote to the Scottish government on the matter and received this response, external.

The committee convener welcomes:

• Constitutional Relations Secretary Michael Russell
• Penny Curtis from the Scottish government
• Iain Hockenhull from the Scottish government
• Ewan McCaig from the Scottish government

Image source, Getty Images

Constitutional Relations Secretary Mike Russell will today appear before MSPs to discuss the decision to allow prisoners to vote in the Shetland by-election, as well as the indyref2 framework bill.

Read the committee papers here., external

Ahead of this, the committee will briefly consider its usual raft of secondary legislation:

• Management of Extractive Waste (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations
• Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Amendment Regulations
• Environmental Protection (Cotton Buds) (Scotland) Regulations