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Presiding Officer of the Scottish Parliament

(Redirected from Deputy Presiding Officer of the Scottish Parliament)

The presiding officer of the Scottish Parliament (Scottish Gaelic: Oifigear-Riaghlaidh, Scots: Preses[3]) is the presiding officer and speaker of the Scottish Parliament. The office of presiding officer was established by the Scotland Act 1998, and the elected presiding officer is a member of the Scottish Parliament who is elected by the Scottish Parliament by means of an exhaustive ballot, and is ex officio the head of the Scottish Parliamentary Corporate Body. The presiding officer is considered a figurehead of the Scottish Parliament and has an office in Queensberry House.

Presiding Officer
of the Scottish Parliament
Scottish Gaelic: Oifigear Riaghlaidh Pàrlamaid na h-Alba
Scots: Preses o the Scots Pairlament
Logo used to represent the
Scottish Parliament
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 £67,662 MSP salary)
WebsitePresiding Officer of the Scottish Parliament

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

The current presiding officer is Alison Johnstone, who was elected on 13 May 2021, following the 2021 Scottish Parliament election. A member of the Scottish Greens, she was sworn in as presiding officer at the opening of the 6th session of the Scottish Parliament and is the second woman to hold the office and the first former member of the Scottish Greens to do so.

Responsibilities of office

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Parliamentary responsibilities

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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 the Speaker 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 the Heraldic & 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]

Governmental responsibilities

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As well as being the presiding officer and speaker of the Scottish Parliament, the Presiding Officer represents Scotland and the Scottish Government and parliament 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]

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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 the Scotland 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]

General

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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]

Details of provision

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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]

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 Officer Alison Johnstone presides over the first speech to the Scottish Parliament by King 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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The Scottish National Party proposes that in the event of independence, the presiding officer's post be replaced with that of chancellor 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 a governor-general in the other Commonwealth realms.[16]

Office holders

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List of Presiding Officers

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No. Portrait Name

(birth and death)

Constituency/Region

Term of office Former party
1   Sir David Steel[a]

(1938–)

MSP for Lothian

12 May 1999 7 May 2003 Scottish Liberal Democrats
2   George Reid

(1939–)

MSP for Ochil

7 May 2003 14 May 2007 Scottish National Party
3   Alex Fergusson

(1949–2018)

MSP for Galloway and Upper Nithsdale

14 May 2007 11 May 2011 Scottish Conservatives
4   Tricia Marwick

(1953–)

MSP for Mid Fife and Glenrothes

11 May 2011 12 May 2016 Scottish National Party
5   Ken Macintosh

(1962–)

MSP for West Scotland

12 May 2016 13 May 2021 Scottish Labour
6   Alison Johnstone

(1965–)

MSP for Lothian

13 May 2021 Incumbent Scottish Greens
  1. ^ Officially styled as The Lord Steel of Aikwood, but he was known as Sir David Steel in the Scottish Parliament.

List of deputy presiding officers

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Name Party Constituency / Region Name Party Constituency / Region
Patricia Ferguson 12 May 1999 – 27 November 2001 Scottish Labour Glasgow Maryhill George Reid
12 May 1999 – 7 May 2003 		Scottish National Party Mid Scotland and Fife
Murray Tosh 29 November 2001 – 2 April 2007 Scottish Conservatives South of Scotland (1999–2003)
West of Scotland (2003–2007)
Trish Godman
7 May 2003 – 22 March 2011 		Scottish Labour West Renfrewshire
Alasdair Morgan 10 May 2007 – 22 March 2011 Scottish National Party South of Scotland
John Scott 11 May 2011 – 12 May 2016 Scottish Conservatives Ayr Elaine Smith 11 May 2011 – 12 May 2016 Coatbridge and Chryston
Linda Fabiani 12 May 2016 – 12 May 2021 Scottish National Party East Kilbride Christine Grahame 12 May 2016 – 12 May 2021 Scottish National Party Midlothian South, Tweeddale and Lauderdale
Lewis Macdonald (Interim) 1 April 2020 – 12 May 2021 Scottish Labour North East Scotland
Annabelle Ewing[1] 14 May 2021 - Scottish National Party Cowdenbeath Liam McArthur[1] 14 May 2021 - Scottish Liberal Democrats Orkney

Current presiding officer and deputy presiding officer

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Position Current holder Term started Party Constituency / Region
Presiding Officer of the Scottish Parliament Alison Johnstone   13 May 2021 Scottish Greens
(Suspended during term as Presiding Officer) 		Lothian
Deputy Presiding Officer of the Scottish Parliament Annabelle Ewing   14 May 2021 Scottish National Party Cowdenbeath
Deputy Presiding Officer of the Scottish Parliament Liam McArthur   14 May 2021 Scottish Liberal Democrats Orkney

List of elections

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Presiding Officer elections Votes received
Parliamentary term Date Candidates 1st Round 2nd Round 3rd Round
1st Parliament 31 May 1999 Sir David Steel 82
George Reid 44
2nd Parliament 7 May 2003 [17] George Reid 113
3rd Parliament 14 May 2007 Alex Fergusson 108
Margo MacDonald 20
4th Parliament 11 May 2011[18] Tricia Marwick 49 73
Hugh Henry 45 56
Christine Grahame 32 ELIMINATED
5th Parliament 12 May 2016[19] Ken Macintosh 58 60 71
Murdo Fraser 23 26 31
Johann Lamont 23 26 26
John Scott 17 15 ELIMINATED
Elaine Smith 7 ELIMINATED
6th Parliament 13 May 2021[20] Alison Johnstone 97

See also

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References

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  1. ^ a b c Davidson, Jenni (14 May 2021). "Scottish Parliament's deputy presiding officers elected after five-hour voting session". Holyrood. Edinburgh. Archived from the original on 17 May 2021. Retrieved 17 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 from the 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. Retrieved 17 January 2015.
  5. ^ "Former Scottish Parliament Presiding Officers on the devolution years". Holyrood. 13 July 2016. Archived from the original on 10 June 2021. Retrieved 10 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. Retrieved 12 May 2017.
  7. ^ "International Connections". Scottish Parliament. Retrieved 16 September 2023.
  8. ^ "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  9. ^ "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  10. ^ "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  11. ^ "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  12. ^ "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  13. ^ "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  14. ^ "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  15. ^ "Scotland Act 1998 Explanatory Notes : Section 19 PRESIDING OFFICER". Legislation.gov.uk. UK Government. Retrieved 16 September 2023.
  16. ^ Principles of the Constitution Archived 4 March 2016 at the Wayback Machine, at constitutionalcommission.org (.pdf file)
  17. ^ "Reid wins presiding officer role". 7 May 2003. Retrieved 7 April 2023.
  18. ^ "SNP MSP Tricia Marwick elected presiding officer". BBC News. 11 May 2011. Retrieved 7 April 2023.
  19. ^ "Ken Macintosh chosen as Holyrood presiding officer". BBC News. 12 May 2016. Retrieved 7 April 2023.
  20. ^ News, S. T. V. (13 May 2021). "Scottish Greens MSP elected as new Presiding Officer". STV News. Retrieved 7 April 2023. {{cite web}}: |last= has generic name (help)
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