MSPs and their Work
• How are MSPs elected and what do they do?
This leaflet describes the system that is used to elect Members of the Scottish Parliament (MSPs) and
outlines the sort of work they do. It also explains how to find out what your representatives are doing
in the Parliament and how to contact them.
The Scottish Parliament is the legislature – or
law-making body – for devolved matters in
Scotland. Devolved matters include many issues
that affect people’s day-to-day lives, such as
education, health, law and order, housing and the
environment. MSPs are elected representatives
chosen by the people of Scotland to work on their
behalf and make decisions on devolved matters.
MSPs have responsibilities in three main areas:
• the Parliament
• their constituency or region
• their political party (unless independent).
Some MSPs may also be members of the
government for devolved matters, which is
known as the Scottish Government (formerly the
Scottish Executive). These MSPs will have
additional responsibilities which relate to their
ministerial duties.
Who can be an MSP?
Anyone can be an MSP, as long as they are 18 or
over on the day they are nominated as a candidate
and are either:
• a United Kingdom (UK), Commonwealth or
Republic of Ireland citizen, or
• a European Union (EU) citizen resident in the
United Kingdom.
and are not:
• an undischarged bankrupt
• in a post that is paid by the Crown (such as a
civil servant or a police officer)
• a prisoner serving a sentence of over one year
in prison
• a person found guilty of certain electoral
offences.
Information about standing as a candidate in a
Scottish Parliament election is available from the
Electoral Commission.
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How are MSPs chosen?
Elections
MSPs are chosen to sit in the Scottish Parliament
through general elections, which are normally
held every four years.
Who can vote in Scottish Parliament elections?
Anyone who is on the register of local government
electors can vote. To be included on this register
you must be:
• aged 18 or over on the day of the election
• A UK, Commonwealth, Republic of Ireland
or EU citizen
• resident at an address in Scotland.
People who are normally resident at an address
in Scotland but who are serving overseas with the
British armed forces can also be included on the
register. Homeless people can register to vote by
using a declaration of local intention.
If you would like to be added to the register of
local government electors, you should contact
your council and ask for the Electoral Registration
Officer.
It is possible to vote in Scottish Parliament
elections by post. Your council will be able to
provide further information about postal voting.
At a Scottish Parliament election, each voter has
two votes. With one vote, voters choose between
candidates standing in their constituency. There
are 73 constituencies for Scottish Parliament
elections. The candidates elected to represent
constituencies are known as constituency MSPs.
The other vote is for a political party, or for a
candidate standing as an independent, within a
larger electoral area known as a region. There are
eight Scottish Parliament regions and each region
has seven additional seats in the Parliament.
The candidates elected to these 56 additional
seats are known as regional MSPs.
Each Scottish resident is therefore represented
by eight MSPs: one constituency MSP and seven
regional MSPs. This makes the Scottish
Parliament different from the UK Parliament,
where each person is represented by only one
elected member.
2
The Additional Member System
The voting system used in Scottish Parliament
general elections is known as the Additional
Member System (AMS). AMS is a type of
proportional representation. This means that the
share of seats each party receives broadly reflects
its level of support among voters.
The MSPs for the constituency seats are elected
using the first-past-the-post system. This means
that the candidate who gets the largest number
of votes in the constituency ballot wins the seat.
Regional seats are calculated using a formula
called the d’Hondt formula. Within each region,
this formula takes into account the number of
regional votes that a party has received and the
number of constituency seats it has already won.
The calculations work as follows:
First round
The number of regional votes for each party is
divided by the number of constituency seats it has
won in that region plus one (the divisor). The party
with the highest total at the end of this set of
calculations gains the first additional seat.
Second round to seventh round
The procedure for the first round is repeated with
the number of regional seats won in preceding
rounds added to the divisor each time.
Seats are allocated in accordance with party lists.
(That is why MSPs elected by the regional vote are
sometimes referred to as list MSPs). Before the
election, a party must draw up a list of regional
candidates and submit it to the relevant returning
officer. The order of candidates on this list is
important as seats are allocated by starting at the
top of the list and working down. This means that
if a party wins three regional seats, the first three
people named on the list will become MSPs.
If a party has done well in the regional vote it can
win a number of representatives in the Parliament
– even if it did not win any constituency seats
outright. However, if a party has done well in the
constituency vote, and has won enough seats to
reflect its overall share of the vote, it may not win
any regional seats at all.
A candidate can stand in only one constituency, but
it is possible for the same individual to stand as a
constituency candidate and appear on a regional
list. If they win a constituency seat, however, their
name will be discounted when allocating regional
seats to their party. It is up to the parties to decide
whether to put forward candidates for both
constituency and regional ballots.
Independent candidates
It is possible to stand for election without being
linked to a political party. People who stand for
election without party affiliation are known as
independent candidates. An independent
candidate standing in a constituency can gain a
seat in the Scottish Parliament if he or she
receives more votes than any other candidate.
An independent candidate standing in a region
– who is effectively a list of one – can gain a seat
if he or she wins a sufficient number of votes.
Committee Business
Much of the Scottish Parliament’s work is done
through its committees. The Parliament usually
has around fifteen committees, and most MSPs
are members of at least one committee. Each
committee is generally made up of between five
and fifteen MSPs, with one MSP chosen to be a
chairperson, known as a convener. Another MSP
is usually chosen to be a deputy convener. MSPs
who are members of the Scottish Government do
not sit on parliamentary committees.
As members of parliamentary committees, MSPs
hold the Scottish Government to account by
conducting inquiries into matters that are within
their remit and producing reports that may be
debated at a meeting of the Parliament. They also
scrutinise the Government’s proposals for new
laws and regulations in the form of bills and
subordinate legislation. The MSPs who sit on
committees consider the potential impact of bills
and have the power to alter them. Changes to
bills are known as amendments. Committees can
also put forward their own proposals for new
legislation in the form of committee bills.
What do MSPs do?
Broadly speaking, MSPs divide their time between
the areas they represent as a constituency or
regional MSP, and the Scottish Parliament at
Holyrood in Edinburgh. As the work of an MSP is
wide-ranging, and no two MSPs work in exactly
the same way, it is not easy to describe the
typical workload of an MSP. However, it is
possible to make a distinction between the kind
of work MSPs do in Parliament and their work
outside Parliament.
Work in the Parliament
The usual sitting days of the Parliament are
Tuesdays, Wednesdays and Thursdays. It is normal
practice for parliamentary committees to meet on
Tuesdays and on Wednesday mornings and for
meetings of the full Parliament, which are known
as plenary sessions, to take place on Wednesday
afternoons and all day on Thursdays. However,
these days and times can be varied according to
the business needs of the Parliament.
In the course of their inquiries, committee
members consider evidence submitted by a wide
range of organisations and individuals and they
may also appoint external advisers, commission
research or undertake fact-finding visits. In some
cases, a committee may appoint one of its
members as a reporter to investigate issues on
behalf of the committee and report back to it.
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Chamber Business
A variety of business takes place in the Chamber.
Debates are discussions between MSPs in the
Parliament. They are normally based on motions.
Motions
MSPs raise issues, initiate debates and propose
courses of action by using motions. A motion is a
proposition, usually in the form of a short
paragraph. MSPs lodge motions by submitting
them in writing to the Parliament’s Chamber Desk.
Motions are then printed in the Business Bulletin
(the document that outlines the current and future
business of the Parliament), and other MSPs are
able to indicate their support by requesting that
their names be added after the text. Some motions
may end up being discussed in a Parliament
meeting. However, MSPs do not always intend the
motions they lodge to be debated. For example,
they may lodge a motion to offer congratulations to
an organisation or to highlight an event or issue.
There is also a type of motion, known as a business
motion, that allows the Parliament to approve its
programme of future business.
First Minister’s Question Time is when MSPs ask
questions of the head of the Scottish Government.
Questions for First Minister’s Question Time are
lodged in advance by MSPs and six are selected by
the Presiding Officer. The first three questions are
usually allocated to the leaders of the main
opposition parties. There is also the opportunity
for MSPs to ask supplementary questions at the
discretion of the Presiding Officer.
Question Time is when MSPs ask questions of
Cabinet Secretaries and Ministers. There is one
period of time set aside for general questions and
another set aside for questions on specified
themes such as health and well-being or justice.
The themes vary each week.
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Decision Time is the time when MSPs vote on the
motions that have been discussed that day.
Decision Time generally takes place from 17.00 on
Wednesday and Thursday.
Members’ Business is a debate proposed by an
MSP who is not a member of the Scottish
Government. Generally the topic discussed is of
local concern or of particular interest to the MSP.
Members’ Business normally takes place after
Decision Time. The Government will respond to
the motion put forward, but no vote is taken.
All MSPs have the opportunity to take part in
Chamber business. However, MSPs are not
obliged to attend every meeting of Parliament,
and it is up to individual MSPs to decide
how to divide their time between their various
responsibilities.
Other work in the Parliament
Written Questions
As well as asking oral questions at Question Time
and First Minister’s Question Time, MSPs can
submit written questions. Written questions
enable MSPs to ask Cabinet Secretaries and
Ministers for detailed information on any devolved
matter. This is one important way in which the
Scottish Parliament holds the Scottish
Government to account. The text of written
questions appears in the Business Bulletin and
the responses are published in the Written
Answers Report. Both the Business Bulletin and
the Written Answers Report can be accessed on
the Scottish Parliament website.
Members’ Bills
Any MSP who is not part of the Scottish
Government can introduce a member’s bill. In
order to do so, the MSP must first produce a draft
proposal, which is usually followed by a
consultation exercise to enable the MSP to gather
comments and views. The next stage is the lodging
of a final proposal. If this attracts the necessary
cross-party support, and the Scottish Government
indicates that it does not intend to bring forward
its own legislation on the same topic, the MSP can
then introduce a bill to give effect to the proposal
at any time during the four-year parliamentary
session. Each MSP can introduce up to two
members' bills in a single session.
Work outside the Parliament
It is common for MSPs to hold surgeries in the
evening or at weekends. These may be held at
MSPs' constituency or regional offices. Surgeries
can also be held at other locations within the local
area such as libraries, community centres or
shopping centres. Surgeries provide an opportunity
for members of the public to meet with their MSPs
and raise any issues or concerns they may have.
Correspondence
MSPs receive a great deal of correspondence,
both at the Parliament and in their constituency
or regional offices. It is therefore common for
MSPs to set aside some time each day for dealing
with the letters, emails, phone calls and faxes
they have received.
Monitoring the media and Parliament business
As it is important for MSPs to keep up with the
news both at home and abroad, it is common for
them to spend some time each day reading
newspapers and journals. They may also check
the Official Report (the written record of what has
been said in parliamentary meetings) to find out
what has been happening in committees and the
Chamber, and check the Parliament’s Business
Bulletin for information on current motions,
legislation being considered by the Parliament
and forthcoming business.
Work at Holyrood outside normal sitting hours
The work that MSPs do in the Scottish Parliament
building is not restricted to when the Parliament
is sitting. When the Parliament is not sitting – for
example, on Mondays and Fridays, during
evenings or recess periods – MSPs can engage in
other work at Holyrood, such as organising and
attending events, leading tours of the Parliament
building and meeting with constituents, lobbyists
and interest groups.
In addition, it is common for Cross-Party Groups
(CPGs) to hold their meetings on weekday
evenings. CPGs provide an opportunity for MSPs,
members of the public and outside organisations
to meet and discuss a particular subject, such as
animal welfare, crofting or mental health. CPGs
are not classed as official business of the Scottish
Parliament. However, they may be seen to gain
some influence within the Parliament, so they
operate within good practice guidelines.
MSPs can also get involved in local issues within
their constituencies or regions. This can involve:
• meeting with local people, campaign or interest
groups
• speaking at meetings
• visiting local factories, schools and other
organisations
• opening fêtes or other local events
• attending local gatherings.
MSPs also act as intermediaries between
constituents and public agencies such as housing
authorities or the police.
Where they are members of a party, MSPs will
attend and speak at party meetings and
conferences, take part in developing party policy
and represent their party at various events. MSPs
can also represent Scotland at international events
such as the Tartan Week celebrations held annually
in New York.
Official positions
In addition to their duties as constituency or
regional MSPs, some MSPs hold official positions.
Some of these official positions are listed below.
The Presiding Officer is elected by the MSPs at the
first meeting after a general election and is
responsible for chairing meetings of the
Parliament. The Presiding Officer also acts as the
official representative of the Scottish Parliament,
both within the UK and abroad.
The First Minister is the head of the devolved
Scottish Government. The First Minister is
nominated following a vote by MSPs and is
appointed by the Queen on the recommendation of
the Presiding Officer. The need to secure a majority
of votes in the Parliament means that it is likely that
the First Minister will be a member of the party with
the most seats in the Parliament.
5
Cabinet Secretaries and Ministers are members
of the Scottish Government. They are chosen by
the First Minister, with the agreement of the
Parliament and the approval of the Queen, and
are normally members of the party (or parties)
with the most seats in the Parliament. Cabinet
Secretaries and Ministers are usually
responsible for a particular area of policy, such
as health or education.
Members of the Scottish Parliamentary
Corporate Body consider and make decisions on
a wide range of issues to do with the staff,
services and facilities at Holyrood. The four
members are elected by the MSPs at a meeting
of the Parliament.
How do MSPs deal with issues raised by
members of the public?
A constituent has the right to expect one of their
MSPs to take on a case or query. However, it is up
to the MSP to decide how best to deal with it.
An MSP’s approach to an issue will vary
depending on a number of factors, such as what
the issue is and whether the member of the
public has contacted other bodies (such as a local
council) before approaching them. MSPs may
choose to deal with an issue in a number of ways,
including:
Spokespersons may be appointed by political
parties, especially those which are not part of the
Scottish Government. These spokespersons
usually take the lead in explaining party policy on
a particular topic and speak on behalf of their
party during any relevant debates. They are
sometimes referred to as Shadow Cabinet
Secretaries or Shadow Ministers.
• contacting relevant bodies (e.g. local councils,
housing authorities, health boards)
• writing to the relevant Cabinet Secretary or
Minister
• meeting the relevant Cabinet Secretary or
Minister
• asking a Parliamentary Question
• initiating a debate
• proposing an amendment to a bill
• introducing a member's bill
• raising the profile of an issue in the media.
Members of the Parliamentary Bureau propose
the allocation of debating time for the various
political parties and the establishment and
membership of committees. Each member of the
Parliamentary Bureau represents a political party
or grouping which has five or more MSPs. The
Presiding Officer is also a member of the
Parliamentary Bureau, but has a neutral role as
its chairperson. MSPs who are members of the
Parliamentary Bureau are sometimes referred to
as Business Managers.
Whips are responsible for marshalling support
for their party’s strategy. The role of Chief Whip
may sometimes be combined with that of
Business Manager. However, this can vary from
one party to another.
6
MSPs will respect the privacy of the person who
has contacted them and any confidentiality
surrounding the issue.
Reserved matters
Certain matters are reserved to the UK
Parliament and UK Government in London.
These are mostly matters with a UK or
international impact, such as citizenship and
defence issues.
It is important to note that, as the Scottish
Parliament is a devolved parliament, MSPs can
deal only with issues that relate to devolved
matters. If you contact an MSP about an issue
such as immigration or social security, it is likely
that the MSP will refer you to your MP in the UK
Parliament at Westminster.
How can I find out what my MSPs are
doing in the Parliament?
Access information on the internet
Our website at www.scottish.parliament.uk is an
invaluable resource for anyone who wants to
follow the work of the Parliament. The following
information should be useful if you are trying to
find a particular item on the website. All the items
listed below can be accessed via the Frequently
Asked Questions page at
www.scottish.parliament.uk/vli/publicInfo/faq/
index.htm
Business Bulletin
The Business Bulletin is produced each weekday
when the Parliament is sitting. It contains
information on forthcoming meetings of the
Parliament, lists of current motions, oral and
written questions, proposals for members’ bills,
and information on the progress of legislation.
Official Report
The Official Report is the written record of what is
said in public at each meeting of the Parliament
and its committees. It includes a record of the
votes taken during Decision Time in the Debating
Chamber, and is a useful tool if you wish to see
how an MSP voted on a particular issue.
Written Answers Report
The Written Answers Report contains the text of
written questions lodged by MSPs and the
answers given by either the Scottish Government,
the Presiding Officer or the Scottish
Parliamentary Corporate Body. It also includes
the answers given to oral questions selected for
Question Time and First Minister’s Question Time
that were not reached in the Chamber. Written
answers can also be found using the Questions
& Answers Search facility on the website.
Webcasts
You can follow debates and most committee
meetings live on the internet by using our webcast
service at www.holyrood.tv
In addition, many MSPs have their own personal
websites. These sites, which can be accessed
from the MSPs section of the website, may
contain biographical information, surgery times
and details of upcoming meetings in the
constituency or region.
Contact the Public Information Service
You can contact the Public Information Service
by email, letter, phone, text message, fax and
textphone. Public Information Service staff will be
happy to assist you if you have any questions
about MSPs or their work. Full contact details can
be found at the end of this leaflet.
Voting Records
Information on how MSPs have voted can also be
obtained by using the MSP voting records request
form on the website.
Visit the Parliament
You are welcome to visit the Parliament to see
MSPs in action and to listen to debates. Our
Visitor Services team can advise on opportunities
to visit Parliament. You can contact Visitor
Services by emailing
[email protected] or by
telephoning 0131 348 5200 or 0800 092 7600.
7
You can write to individual MSPs by name at:
+
Address
The Scottish Parliament
Edinburgh
EH99 1SP
You can email or write to an MSP in any language.
The time taken to translate your letter or email and
its reply may affect the speed of response.
The Scottish Parliament
Public Information Service
The Scottish Parliament Public Information
Service provides information on the Scottish
Parliament, its membership, business and
procedures.
+
Address
)
Telephone 0131 348 5000
0800 092 7500 (public enquiries)
Each MSP has an email address. The standard format is:
@
Email
firstname.lastname.msp
@ scottish.parliament.uk
There are some exceptions to this format which you
can check on the website (under the MSPs section),
or by contacting the Public Information Service.
You can be put through to an MSP's office or given
contact details for his or her local office by calling the
Parliament's switchboard on the number below.
)
Telephone 0131 348 5000
Textphone
Some MSPs have textphones, which are aids
for people who are deaf and hearing impaired.
You can obtain textphone numbers from the
Parliament’s website or by contacting the
Public Information Service.
Further contact information for MSPs, such as local
office contact details, can be found on the website
(under the MSPs section) or by contacting the Public
Information Service.
There are a few points to consider when choosing
which MSPs to contact.
8
Fòn
Public Information Service
The Scottish Parliament
Edinburgh
EH99 1SP
0131 348 5395 (Gàidhlig)
Textphone users can contact us on
0800 092 7100. We also welcome calls using
the RNID Typetalk service.
p
@
Fax
0131 348 5601
Text
07786 209888
Email
sp.info@ scottish.parliament.uk
This leaflet is part of the series How the Scottish
Parliament Works. Other titles in the series are:
• How the Scottish Parliament Works is an
introductory guide to the Scottish Parliament,
its membership, business and procedures.
• The Official Report is a guide to the written
record of everything that is said in public
meetings of the Scottish Parliament and its
committees.
• All MSPs have equal status in the Parliament
• Although some MSPs hold an official position,
such as a Cabinet Secretary or Presiding Officer,
they are still MSPs and can be contacted in the
same way as other MSPs
• If you want to contact an MSP in his or her role as
a Cabinet Secretary or Minister, you will need to
contact the Scottish Government directly. The
Parliament and the Government are separate
organisations, with different contact details.
Parliamentary offices and local offices cannot
deal with ministerial queries and Government
offices cannot deal with constituency business.
• Who Represents Me? outlines the roles and
responsibilities of the different organisations
that represent the people of Scotland and offers
guidance on who to contact if you have an issue
you wish to raise.
All MSPs are governed by a Code of Conduct which
underpins the work they do. The Code of Conduct
can be found on our website at:
www.scottish.parliament.uk/msp/conduct/index.htm
Please contact the Public Information Service if
you would like any of these leaflets in another
format or language.
18276/09.2008/10000
• The Scottish Parliament Debating Chamber
describes what happens in the Chamber and
provides some information about its design.
• The Work of Committees in the Scottish
Parliament explains what committees are and
how they operate.
4th edition, September 2008
Printed in the UK on paper manufactured with pulp sourced from carefully managed and renewed forests, fully recyclable. Inks used are vegetable based using linseed oil.
Contacting an MSP