Portfolio questions: Communities and local governmentpublished at 13:59 Greenwich Mean Time 27 November 2019
MSPs quiz communities and local government ministers.
MSPs agree primary legislation will be required to hold another independence referendum, as the constitution committee amends the Referendums Bill
The constitution secretary sees his indyref2 question testing amendment agreed to
A Tory amendment calling for the Electoral Commission to test all referendum questions is rejected
Craig Hutchison and Emma Gordon
MSPs quiz communities and local government ministers.
Here's what we're covering in the chamber this afternoon:
2 pm Portfolio Questions:Communities and Local Government; Social Security and Older People
2.40-5.pm: Scottish Liberal Democrat Debate: Mental Health
5.05 pm: Members’ Business:Rona Mackay – 16 Days of Activism Against Gender-based Violence
The constitution committee has agreed a compromise on the Referendums (Scotland) Bill which would allow the 2014 independence referendum question to be used again if Parliament agrees to it.
There had been calls for the electoral commission to be consulted about the wording of the question.
The phrasing will remain valid for up to two Parliamentary sessions, provided MSPs vote for it, after Constitution Secretary Mike Russell's amendments were agreed to.
Tory MSP Adam Tomkins argued there should be independent scrutiny of every question, even if it had already been used. His amendment was rejected.
Earlier MSPs agreed primary legislation will be required to hold another independence referendum.
We move to the final grouping of amendments to be considered today.
This relates to the reimbursement of the Electoral Commission's costs.
So the committee will be back next Wednesday to look at the groupings below:
The Finance and Constitution Committee are considering Stage 2 amendments to the Referendums (Scotland) Bill, external.
The committee has debated and voted on the amendments in the 'Duty to follow Electoral Commission advice' and the 'Report on conduct of referendum'.
It earlier completed its scrutiny of the amendments in the 'Investigatory powers of Electoral Commission' and the 'Information for voters and encouragement to participate' groupings.
To follow this session you'll need the following:
MSPs now move to amendments relating to donations and transaction reports.
Constitution Secretary Mike Russell says he respects Mr Harvie's amendment, saying every democracy needs to consider the issue.
He says all campaign material must be labelled, and says the Scottish government has been working with the Electoral Commission on this.
Mr Russell points to the system in Canada, where individual comment or opinion would not have to add an imprint, but official campaign material which is re-posted should have an imprint.
A line should be drawn between individuals and influencers, he tells the committee.
More clarity will be issued by the government in due course, he adds, and he'd like to continue the conversation with Patrick Harvie in the future.
Mr Harvie's amendments are rejected, while the cabinet secretary sees his amendments agreed to.
Time for another short break.
Patrick Harvie moves on to the section about social media.
The Scottish Green Party co-convener argues our current arrangements are not adequate for the digital age we live in and social media campaigning.
He says the requirements for transparency in this area still exist and he says his amendment calls for an additional category relating to social media accounts controlled by campaigners and those connected with campaigns.
Regardless of what happens to these amendments Mr Harvie hopes MSPs will continue debating, refining and improving campaigning in the social media space.
Tory MSP Adam Tomkins calls for the purdah period to be extended to the whole of the referendum period of ten weeks.
The term 'purdah' describes the period of time immediately before elections or referendums when specific restrictions on communications activity from government are in place.
Mr Russell argues the 28 day period is understood and extending purdah to ten weeks would restrict the government.
MSPs reject the amendment from Mr Tomkins.
Turning to election expenses fraud, Constitution Secretary Mike Russell calls for support to change the law in this matter.
He backs the Electoral Commission which would like a possible jury trial for such offences, and which would see larger fines and possible jail time.
Green co-convenor Patrick Harvie backs the call calling the current set-up inadequate.
"We've all seen the misbehaviour that took place during the EU referendum campaign. If that had been an election, it would have been declared void"
Tory MSP Murdo Fraser states he isn't sure this will be a deterrent, as high penalties might not be affordable by campaign groups that have wound up.
Mr Russell dismisses that objection outright.
MSPs consider a series of amendments relating to offences, penalties and publications and restrictions.
The constitution committee has agreed a compromise on the Referendums (Scotland) Bill which would allow the 2014 independence referendum question to be used again if Parliament agrees to it.
There had been calls for the electoral commission to be consulted about the wording of the question.
The phrasing will remain valid for up to two Parliamentary sessions, provided MSPs vote for it, after Constitution Secretary Mike Russell's amendments were agreed to.
Tory MSP Adam Tomkins argued there should be independent scrutiny of every question, even if it had already been used. His amendment was rejected.
Earlier MSPs agreed primary legislation will be required to hold another independence referendum.
Follow the debates and amendments with:
MSPs now consider amendments relating to funding issues in the designated organisations: number, process for application and funding section.
They then move to exceptions to referendum expenses.
To follow these amendments to the Referendums (Scotland) Bill, external you will need:
Mr Kelly says his amendments are probing and seek to increase voter turnout and that it is worth examining weekend polling, saying his amendment says Saturday but it could be Sunday.
The Labour MSP says people can have childcare issues pr work issues on a Thursday and he calls for 17 hours of polling not 15.
Labour MSP Alex Rowley points out he goes to mass on Sunday which would not stop him voting on that day.
Mr Rowley points out turnout in elections is by and large pretty poor and he argues there are general issues here.
Constitution Secretary Mike Russell says here's no evidence that voting on a Thursday is a barrier and argues Mr Kelly's amendment is not a probing amendment but a restrictive amendment.
He shares the concern about the considerable implications of Saturday voting for one community, as Friday would have for another community and for some on a Sunday.
Labour MSP James Kelly does not move his amendment relating to Saturday voting.
We move to Labour MSP James Kelly's amendment relating to a count taking place on a Saturday.
Mr Tomkins says he is certainly not agnostic about changing the polling day to Saturday
In the light of the "extraordinary intervention yesterday in the general election campaign by the chief rabbi", what consultation has Mr Kelly taken with the Jewish community in Scotlland about voting on Saturday, the Shabbat, asks the Tory MSP.
He argues this amendment is another unfortunate sign that "the rights of this community are being willfully overlooked" by one of the, or what used to be one of the major parties of the United Kingdom".
The Tory MSP points out Friday voting would provide significant complications for the Muslim community and Sunday voting complications for practicing Christians.
He would want to see substantial consultation with religions about changing the polling day from Thursday.
Tory MSP Adam Tomkins argues referendums should be stand alone events and not be held on the same day as other polls.
The amendment from Mr Tomkins says: "The day on which the poll is to be held must not be the same day as any other election or poll which is scheduled to be held throughout Scotland."
SNP MSP Tom Arthur asks about a UK government decision to hold an election on the same day, as happened with the AV referendum.
"That was an unhappy experience," Mr Tomkins says.
He accepts his amendment could not guarantee the UK government would not do this again.
The technical amendments relating to the administration of referendums are agreed to.
Earlier MSPs agreed a compromise on the Referendums (Scotland) Bill which would allow the 2014 independence referendum question to be used again if Parliament agrees to it.
The phrasing will remain valid for up to two Parliamentary sessions, provided MSPs vote for it, after Constitution Secretary Mike Russell's amendments were agreed to.
Tory MSP Adam Tomkins argued there should be independent scrutiny of every question, even if it had already been used, but his amendment was rejected.
Here's a reminder:
Constitution Secretary Mike Russell speaks to series of non-controversial referendum administration amendments.
This leads to a welcome break in the proceedings.
The cabinet secretary said he is against the citizen initiative referendum amendment, but not for the same reasons.
It would allow anyone to start a petition with the backing of 300,000 people claims Mr Russell, who notes that Boaty McBoatface got the backing of 126,000 people in a recent vote to name an arctic vessel.
Alex Rowley speaks to his Labour colleague Neil Findlay's amendment relating to a citizen initiative referendum.
This would allow voters to submit a petition to the Electoral Commission calling for a referendum and if there were 300,000 or more signatories it would be held.
"This amendment is bonkers," says Mr Tomkins.
"This would lock Scotland into an independence neverendum."