Summary

  • Holyrood passes the Scottish Elections (Franchise and Representation) Bill, which will give some prisoners the vote

  • 92 MSPs vote to pass the bill reaching the required super majority, with 27 MSPs voting against it

  • It will extend the right to vote in local and Scottish elections to prisoners serving a sentence of less than 12 months

  • The bill will also enfranchise those legally resident in Scotland, including refugees but not asylum seekers

  • Justice Secretary Humza Yousaf gives evidence on the police budget

  • Nicola Sturgeon and Jackson Carlaw clash over cash for Police Scotland during FMQs

  1. UK law in prisoner voting 'inadequate' says ministerpublished at 15:40 Greenwich Mean Time 20 February 2020

    Mike Russell

    Mike Russell says the approach of the UK government is "inadequate" because it does not allow those in custody to vote.

    Tory MSP Adam Tomkins insists UK law complies with international human rights law.

    Mr Russell replies this differs from whether it could survive a challenge and many believe UK law would not.

    The 12 month threshold is the position the Scottish government reached after consultation and it received the most support, he explains.

    I remain convinced that 12 months is the best choice and he urges Mr Ruskell not to press his amendment seeking 48 months.

    On Liam McArthur's amendment, the minister confirms his party will support 32 if it is successfully amended.

  2. Labour reject Green proposal but back governmentpublished at 15:37 Greenwich Mean Time 20 February 2020

    Labour MSP James KellyImage source, bbc
    Image caption,

    Labour MSP James Kelly

    James Kelly supports the enfranchisement of prisoners serving up to one year but does not back the proposal to make that up to four years.

    The Labour MSP rejects the amendments from Jamie Halcro Johnston arguing the position the Scottish government has arrived at is the correct one.

    He backs the amendments from Liam McArthur.

  3. Blanket ban on prison voting 'not legal, fair or proportionate'published at 15:35 Greenwich Mean Time 20 February 2020

    Lib Dem MSP Liam McArthur

    Lib Dem MSP Liam McArthur says it has been clear for some time that stopping all prisoners from voting is not legal, fair or proportionate.

    He confirms his party will support the Green amendment, adding that while it is unlikely to pass this afternoon is seems likely the parliament will have to return to it in the future.

    He says court rulings on prisoner voting have generally considered the type of offence, explaining his own amendment seeks to introduce this in Scotland.

    There is no credible reason to reduce the scope of prison voting as proposed by Jamie Halcro Johnston he concludes.

  4. Call to extend prisoner voting to those serving four years or lesspublished at 15:32 Greenwich Mean Time 20 February 2020

    Green MSP Mark RuskellImage source, bbc
    Image caption,

    Green MSP Mark Ruskell

    Green MSP Mark Ruskell seeks to extend prisoner voting to those serving four years or less.

    Mr Ruskell calls for a more progressive extension of the franchise that is in line with judgments from the European Court of Human Rights.

    He says to the Tories this might sound like a "horribly radical step", but it was the norm most prisoners had the vote before 1969, "so perhaps this is more of a return to traditional values".

    Adam Tomkins responds to this saying the proposal is just "horrible" and asks if Mr Ruskell carried out a consultation with victims of crime.

    Mr Ruskell says Sacro back his proposal and says removing the rights of prisoners to vote does not protect the public and weakens rehabilitation efforts.

  5. Postpublished at 15:28 Greenwich Mean Time 20 February 2020

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  6. Tories seek to stop prisoner votingpublished at 15:25 Greenwich Mean Time 20 February 2020

    Tory MSP Jamie Halcro Johnston

    Tory MSP Jamie Halcro Johnston explains his amendments seek to remove the prisoner voting provisions from the bill and instead replace it with what is required as a minimum under human rights law.

    He warns a Green amendment to go further than the government's plan would lead to more serious offenders being able to vote.

  7. Background: MSPs support ending ban on prisoners votingpublished at 15:16 Greenwich Mean Time 20 February 2020

    Prisoners serving shorter sentences would get the right to vote

    Prisoners serving custodial sentences should be given the right to vote, a committee of MSPs has said.

    A majority of Holyrood's Equalities and Human Rights Committee said the current ban should be lifted.

    Its report said not being able to vote might impact negatively on an individual's rehabilitation.

    The two Conservatives on the committee opposed the move and the Scottish government said it had no plans to allow prisoners the vote.

    Read more

  8. Green amendments rejectedpublished at 15:12 Greenwich Mean Time 20 February 2020

    Lib Dem MSP Liam McArthur confirms his party will back the government's amendments in this group, but points to complications and difficulties in relation to the Green amendments.

    He says voters deserve clarity that the person they vote for has a right to take up the position to which they are elected and are able to stay for a full term.

    Labour MSP James Kelly agrees, confirming Labour will back Mr Russell but not Mr Ruskell.

    The Green amendments are duly rejected.

  9. Postpublished at 15:08 Greenwich Mean Time 20 February 2020

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  10. Green MSP calls for candidacy rights to extend beyond EU citizenspublished at 15:07 Greenwich Mean Time 20 February 2020

    Green MSP Mark Ruskell says having reflected on Mr Russell's comments he will not move amendments 20A-C.

    Mr Ruskell welcomes the government amendments on extending candidacy rights but criticises the fact that this does not extend to those from outwith the EU.

    Tory MSP Jamie Halcro Johnston backs the government amendments, but says the same rights should be extended to those British residents in the EU with pre-settled and settled status.

  11. Who could be a candidate in Scottish elections going forward?published at 15:02 Greenwich Mean Time 20 February 2020

    Mike Russell

    The next group of amendments relate to eligibility nomination, election and holding office.

    Mike Russell says the bill as introduced sought only to extend candidacy rights to those with right to remain in the UK.

    This may seem harsh but the decision was taken in light of immigration being a reserved matter, he explains.

    He says he has written to UK counterparts to ask about enabling those who wish to stand for election having employment restrictions waived but this has gone unanswered.

    Persons with pre-settled status will be allowed to stand in elections, Mr Russell tells the chamber.

    On Mark Ruskell's amendments, he urges him not to press one set because it would place the bill outside the competence on the Scottish parliament.

    On another proposal from Mr Ruskell, the minister says he cannot see a way in which the powers would be used.

    The intention from Mr Ruskell is good but once again there are practical problems with them given powers are reserved to Westminster, Mr Russell states.

  12. Refugees will now have the right to vote...published at 14:54 Greenwich Mean Time 20 February 2020

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  13. MSPs reject asylum seeker enfranchisementpublished at 14:52 Greenwich Mean Time 20 February 2020

    MSPs reject efforts by Scottish Green MSP Mark Ruskell to enfranchise asylum seekers, despite backing from Labour and the Lib Dems.

    The Tories and the SNP voted against the amendments citing practical difficulties.

  14. Not enough votes to enfranchise asylum seekers...published at 14:51 Greenwich Mean Time 20 February 2020

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  15. Labour and Lib Dems support asylum seeker enfranchisementpublished at 14:43 Greenwich Mean Time 20 February 2020

    Tory MSP Jamie Halcro Johnston says his party won't oppose the amendments from the minister, but adds he cannot support the amendments from Mark Ruskell on asylum seekers.

    Liam McArthur, for the Lib Dems, also confirms all the government amendments will get his party's backing.

    The Lib Dems will also support the asylum seeker amendments.

    Labour also backs all the amendments in the group, confirms James Kelly.

    Mr Russell's amendments are agreed without a vote. As the vote on Mr Ruskell's amendment is the first of the afternoon, there will be a short suspension as MSPs make their way to the chamber.

  16. Voting seen as a human right says Green MSPpublished at 14:39 Greenwich Mean Time 20 February 2020

    Green MSP Mark Ruskell

    Green MSP Mark Ruskell explains the right to vote is seen as a fundamental human right to vote and giving asylum seekers that right would show them we do not consider them 'other'.

    Tory MSP Adam Tomkins says the amendments would have a series of significant impacts in terms of administrative and bureaucratic challenges.

    He accepts there are concerns but argues the difficulties around registration are not materially different from those of registering other citizens.

  17. Minister backs enfranchising refugees but 'reluctantly' rejects including asylum seekerspublished at 14:36 Greenwich Mean Time 20 February 2020

    We begin with amendments on voting in Scottish elections by qualifying foreign nationals.

    Constitution, Europe and External Affairs Secretary Mike Russell says this is another moment in parliamentary history.

    "I am pleased we are extending voting rights to foreign national residents in Scotland."

    He says his amendments are necessary post-Brexit to ensure EU nationals are put on the same basis as other foreign nationals.

    Constitution, Europe and External Affairs Secretary Mike Russell
    Image caption,

    Constitution, Europe and External Affairs Secretary Mike Russell

    Mr Russell says the bill enfranchises refugees and he pivots to the issue of whether asylum seekers should also be.

    In relation to Green MSP Mark Ruskell's amendments calling for asylum seekers to be enfranchised, he says he has sympathy with this call.

    However he points out: "There are huge practical issues which simply cannot be wished away."

    The standards committee rejected this call as a result of that and the minister reluctantly says he cannot back Mr Ruskell's amendment.

  18. Background: Right to vote could be extended to prisoners under new lawspublished at 14:32 Greenwich Mean Time 20 February 2020

    Ballot papersImage source, Getty Images

    Prisoners serving a sentence of less than 12 months could get the right to vote under new legislation.

    The new laws would also extend the right to vote to anyone legally resident in Scotland, adding 55,000 people to the electoral register.

    The change is being proposed in the wake of the Scottish government giving voting rights to 16 and 17-year-olds.

    The bill will also restate the rights of European Union citizens resident in Scotland to take part in elections.

    Read more

  19. MSPs debate and vote on amendments to the Scottish Elections Billpublished at 14:22 Greenwich Mean Time 20 February 2020

    Ballot box

    Now, MSPs debate and vote on Stage 3 amendments to the Scottish Elections (Franchise and Representation) Bill, external.

    It seeks to extend the right to vote in local and Scottish elections to prisoners serving a sentence of less than 12 months, as well as anyone legally resident in Scotland, including refugees and those granted asylum.

    This would add 55,000 people to the electoral register.

    To follow this Stage 3 amendments proceedings you'll need the following: