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Presiding Officer of the Scottish Parliament

From Wikipedia, the free encyclopedia
For the speaker of the formerParliament of Scotland, seeLord Chancellor of Scotland.
Speaker of the Scottish Parliament

Presiding Officer
of the Scottish Parliament
Scottish Gaelic:Oifigear Riaghlaidh Pàrlamaid na h-Alba
Scots:Preses o the Scots Pairlament
since 13 May 2021
Scottish Parliamentary Corporate Body
Scottish Parliament
Style
Member ofScottish Parliamentary Corporate Body
Scottish Parliament
Privy Council
SeatQueensberry House,Edinburgh
NominatorScottish Parliament
(through secret exhaustive ballot voting)
AppointerScottish Parliament
(elected by)
Term lengthElected by the Scottish Parliament at the start of each session, and upon a vacancy
Inaugural holderDavid Steel
Formation1999
DeputyAnnabelle Ewing and
Liam McArthur[1]
Salary£118,511 per annum(2023)[2]
(including £67,662MSP salary)
WebsitePresiding Officer of the Scottish Parliament
This article is part ofa series within the
Politics of the United Kingdom on the
Politics of Scotland

Thepresiding officer of the Scottish Parliament (Scottish Gaelic:Oifigear-Riaghlaidh,Scots:Preses[3]) is thespeaker of theScottish Parliament. The incumbent holder of the office isAlison Johnstone, who was elected on 13 May 2021, following the2021 Scottish Parliament election. A member of theScottish Greens, she was sworn in as presiding officer at the opening of the6th session of Parliament and is the second woman to hold the office, and first former member of the Scottish Greens.

The office of presiding officer was established by theScotland Act 1998, and the elected presiding officer is amember of the Scottish Parliament who is elected by the Scottish Parliament by means of anexhaustive ballot, and isex officio the head of theScottish Parliamentary Corporate Body. The presiding officer is considered a figurehead of the Scottish Parliament and has an office inQueensberry House.

Appointments to thePrivy Council are made by themonarch, although in practice they are made only on the advice of theUK government. To date all presiding officers have been appointedmembers of the Privy Council, and therefore entitled to use the style 'Right Honourable'.

Responsibilities

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Parliamentary

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The presiding officer presides over the Parliament's debates, determining which members may speak, and maintains order during debate.[4] The presiding officer is expected to be strictly non-partisan, with some similarities in this respect to the tradition of theSpeaker of the House of Commons. For this reason, they renounce all affiliation with their former political party for the duration of their term.[5] They do not take part in debate, or vote except to break ties. Even then, the convention is that when the presiding officer uses their tie-breaking vote, they do so in favour of advancing debate, but on final ballots, retaining the status quo. The presiding officer is also assisted in their duties by 2 deputies. They have the same powers as the presiding officer; they keep their party affiliation but remain impartial when presiding.

In 2006 the St Andrews Fund for Scots Heraldry commemorated the hosting of theHeraldic & Genealogical Congress in Scotland by commissioning a ceremonial robe for the presiding officer to wear, however as of May 2017, it appears no presiding officer has worn the robe.[6]

Representation

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As well as being the presiding officer and speaker of the Scottish Parliament, the Presiding Officer represents Scotland, the Scottish Government and the Scottish Parliament both within Scotland and during international visits. The Presiding Officer welcomes dignitaries from other national parliaments to study policy issues of the Scottish Government, share information on ways of working as well as exchanging ideas and knowledge. The Presiding Officer, along with other members of the Scottish Parliament, may visit other national parliaments in order to improve understanding on shared interests and developing and strengthening good working relationships.[7]

Legal

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The overall responsibilities and functions of the office of the Presiding Officer of the Scottish Parliament were detailed in the passing of theScotland Act 1998. The act set out the responsibilities of the office in four areas; Purpose and Effect, General, Parliamentary Consideration and Details of Provisions.[8]

Purpose and effect

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The purpose and effect section under Section 19 of the Scotland Act 1998 provides for the election of a Presiding Officer to the Scottish Parliament and requires two deputies to preside over the parliament. It outlines the details for the term of office of the Presiding Officer and deputies; the exercise of the Presiding Officer's functions by a deputy if the Presiding Officer is unable to act or the office of Presiding Officer is vacant, the delegation of the Presiding Officer’s functions to a deputy and participation of the Presiding Officer and deputies in proceedings of the Parliament.[9]

Duties under Scotland Act 1998

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The General section of Section 19 of the Scotland Act 1998 highlight the general functions and responsibilities of the office of Presiding Officer. The Scotland Act 1998 highlights the general responsibilities of the Presiding Officer as being:[10]

The Presiding Officer presides over the monarch's speech at the opening of each session of the Scottish Parliament
  • Sections 2, 3 and 9 - recommending to the monarch the date for holding general elections and fixing the dates of by-elections;
  • Sections 10 and 14 - receiving notification of a member’s resignation and of the filling of a vacancy in a regional seat;
  • Section 21 - membership of the Scottish Parliamentary Corporate Body;
  • Section 26 - administering oaths to witnesses before the Parliament;
  • Sections 31 to 35 - scrutiny of Bills and submission of Bills for Royal Assent; and
  • Sections 45 and 46 - recommending to the monarch the Parliament's choice of First Minister and the appointment of another member to exercise the First Minister's functions in certain circumstances.
  • The Standing Orders of the Parliament also provide that the Presiding Officer shall have such other functions as may be conferred upon him or her by the Parliament or by the Standing Orders.[11]

Subsection (1) of Section 19 of the Scotland Act 1998 requires the Parliament following its first meeting after a general election to the Scottish Parliament has taken place, to elect from amongst its membership a Presiding Officer and two deputies. The elections have to take place after members take their oath of allegiance due to the fact that the members cannot take part in any proceedings until they have done so under section 84(2) of the Scotland Act 1998.[12]

Duration of office

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Subsection (2) of the Section 19 of the Scotland Act 1998 provides for the office holder of either the Presiding Officer or Deputy Presiding Officer to hold office until:

  • a new Presiding Officer is elected;
  • the Presiding Officer resigns;
  • the Presiding Officer ceases to be a member otherwise than by virtue of a dissolution; or
  • the incumbent Presiding Officer is removed from office by resolution of the Parliament.

In Law, the Presiding Officer and the deputies will not cease to hold the office of Presiding Officer merely because of the dissolution of the Parliament before a general election. The incumbent office holders will continue to serve office until such time as the new Parliament elects a Presiding Officer (and the deputies) under subsection (1).[13]

Presiding OfficerAlison Johnstone presides over the first speech to the Scottish Parliament byKing Charles III

Subsection (3) requires members of the Scottish Parliament to elect a replacement for the Presiding Officer or a deputy who ceases to hold office for any reason before dissolution of the Parliament that may result in the Presiding Officer or a deputy leaving or being removed from the office. Subsection (4) highlights that the Presiding Officer’s functions may be exercised by a deputy if the office is vacant for whatever reason, or alternatively if the Presiding Officer is for any reason unable to act and fulfil the duties of office. Subsection (5) empowers the Presiding Officer, subject to standing orders, to authorise any deputy to exercise functions on their behalf.[14]

Subsection (6) gives the presiding officer the power through standing orders to regulate the participation of the Presiding Officer and deputies in proceedings of the Parliament. They may cover any constraints on the way in which the Presiding Officer and deputies may vote in proceedings which they chair. Subsection (7) provides that the validity of any act of the Presiding Officer or a deputy is not affected by any defect in the election.[15]

Future of the role

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TheScottish National Party proposes that in the event ofindependence, the presiding officer's post be replaced with that ofchancellor of Scotland. In addition to presiding over the Scottish Parliament, the chancellor would possess additional constitutional powers during the absence of the monarch from Scotland; chiefly, the chancellor should act in a role similar to agovernor-general in the otherCommonwealth realms.[16]

Office holders

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List of Presiding Officers

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No.PortraitName
(birth and death)
Constituency/Region
Start of officeLeft officeFormer party
1The Lord Steel of Aikwood[a]

(1938–)
Member of theHouse of Lords
MSP forLothian

12 May 19997 May 2003Scottish Liberal Democrats
2George Reid

(1939–2025)

MSP forOchil

7 May 200314 May 2007Scottish National Party
3Alex Fergusson

(1949–2018)

MSP forGalloway and Upper Nithsdale

14 May 200711 May 2011Scottish Conservatives
4Tricia Marwick

(1953–)

MSPforMid Fife and Glenrothes

11 May 201112 May 2016Scottish National Party
5Ken Macintosh

(1962–)

MSP forWest Scotland

12 May 201613 May 2021Scottish Labour
6Alison Johnstone

(1965–)

MSP forLothian

13 May 2021IncumbentScottish Greens
  1. ^he was known as Sir David Steel in the Scottish Parliament.

List of deputy presiding officers

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Name
Term of office
PartyConstituency / RegionName
Term of office
PartyConstituency / Region
Patricia Ferguson
12 May 1999 – 27 November 2001
Scottish LabourGlasgow MaryhillGeorge Reid
12 May 1999 – 7 May 2003
Scottish National PartyMid Scotland and Fife
Murray Tosh
29 November 2001 – 2 April 2007
Scottish ConservativesSouth of Scotland(1999–2003)
West of Scotland(2003–2007)
Trish Godman
7 May 2003 – 22 March 2011
Scottish LabourWest Renfrewshire
Alasdair Morgan
10 May 2007 – 22 March 2011
Scottish National PartySouth of Scotland
John Scott
11 May 2011 – 12 May 2016
Scottish ConservativesAyrElaine Smith
11 May 2011 – 12 May 2016
Coatbridge and Chryston
Linda Fabiani
12 May 2016 – 12 May 2021
Scottish National PartyEast KilbrideChristine Grahame
12 May 2016 – 12 May 2021
Scottish National PartyMidlothian South, Tweeddale
and Lauderdale
Lewis Macdonald
(Interim) 1 April 2020 – 12 May 2021
Scottish LabourNorth East Scotland
Annabelle Ewing[1]
14 May 2021 -
Scottish National PartyCowdenbeathLiam McArthur[1]
14 May 2021 -
Scottish Liberal DemocratsOrkney

Incumbent holders

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PositionCurrent holderTerm startedPartyConstituency / Region
Presiding Officer of the Scottish ParliamentAlison Johnstone13 May 2021Scottish Greens
(Suspended during term as Presiding Officer)
Lothian
Deputy Presiding Officer of the Scottish ParliamentAnnabelle Ewing14 May 2021Scottish National PartyCowdenbeath
Deputy Presiding Officer of the Scottish ParliamentLiam McArthur14 May 2021Scottish Liberal DemocratsOrkney

List of elections

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Presiding Officer electionsVotes received
Parliamentary termDateCandidates1st Round2nd Round3rd Round
1st Parliament31 May 1999Lord Steel82
George Reid44
2nd Parliament7 May 2003[17]George Reid113
3rd Parliament14 May 2007Alex Fergusson108
Margo MacDonald20
4th Parliament11 May 2011[18]Tricia Marwick4973
Hugh Henry4556
Christine Grahame32ELIMINATED
5th Parliament12 May 2016[19]Ken Macintosh586071
Murdo Fraser232631
Johann Lamont232626
John Scott1715ELIMINATED
Elaine Smith7ELIMINATED
6th Parliament13 May 2021[20]Alison Johnstone97

See also

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References

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  1. ^abcDavidson, Jenni (14 May 2021)."Scottish Parliament's deputy presiding officers elected after five-hour voting session".Holyrood. Edinburgh. Archived fromthe original on 17 May 2021. Retrieved17 May 2021.
  2. ^"MSP salaries".parliament.scot.The Scottish Parliament. 5 April 2023.
  3. ^"Your Scots Pairlament"(PDF).www.parliament.scot (in Scots).Scottish Parliament. p. 9. Archived fromthe original(PDF) on 12 November 2020.
  4. ^Black, Andrew (14 May 2007)."Q&A: Holyrood presiding officer".BBC News.BBC.Archived from the original on 26 August 2007. Retrieved17 January 2015.
  5. ^"Former Scottish Parliament Presiding Officers on the devolution years".Holyrood. 13 July 2016.Archived from the original on 10 June 2021. Retrieved10 June 2021.
  6. ^Cusack, Andrew (3 June 2010)."The Presiding Officer's Gown | andrewcusack.com".www.andrewcusack.com.Archived from the original on 8 July 2017. Retrieved12 May 2017.
  7. ^"International Connections". Scottish Parliament. Retrieved16 September 2023.
  8. ^"Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER".Legislation.gov.uk. UK Government. Retrieved16 September 2023.
  9. ^"Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER".Legislation.gov.uk. UK Government. Retrieved16 September 2023.
  10. ^"Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER".Legislation.gov.uk. UK Government. Retrieved16 September 2023.
  11. ^"Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER".Legislation.gov.uk. UK Government. Retrieved16 September 2023.
  12. ^"Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER".Legislation.gov.uk. UK Government. Retrieved16 September 2023.
  13. ^"Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER".Legislation.gov.uk. UK Government. Retrieved16 September 2023.
  14. ^"Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER".Legislation.gov.uk. UK Government. Retrieved16 September 2023.
  15. ^"Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER".Legislation.gov.uk. UK Government. Retrieved16 September 2023.
  16. ^Principles of the ConstitutionArchived 4 March 2016 at theWayback Machine, at constitutionalcommission.org (.pdf file)
  17. ^"Reid wins presiding officer role". 7 May 2003. Retrieved7 April 2023.
  18. ^"SNP MSP Tricia Marwick elected presiding officer".BBC News. 11 May 2011. Retrieved7 April 2023.
  19. ^"Ken Macintosh chosen as Holyrood presiding officer".BBC News. 12 May 2016. Retrieved7 April 2023.
  20. ^News, S. T. V. (13 May 2021)."Scottish Greens MSP elected as new Presiding Officer".STV News. Retrieved7 April 2023.{{cite web}}:|last= has generic name (help)

External links

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