Scottish Parliament (Disqualification of Members of the House of Lords) Regulations 2025: equality impact assessment

Background

Dual mandates is the term used to describe the scenario of Members of the Scottish Parliament (MSPs) also holding a seat in the House of Commons (MPs), House of Lords (Peers) or representing a ward in their local council (Councillors), in addition to their seat in the Scottish Parliament.

In December 2024, the Scottish Parliament unanimously passed the Scottish Elections (Representation and Reform) Act 2025 (the Act). Part 2 of the Act requires Scottish Ministers to create regulations prohibiting MSPs from holding dual mandates as MPs and Peers. Ministers also have the discretion to extend these prohibitions to local Councillors.

The Scottish Government conducted a public consultation seeking views on the principles and practical issues of ending dual mandates in the Scottish Parliament. The Scottish Parliament (Disqualification of Members of the House of Lords) Regulations 2025 follows the Scottish Government’s consideration of the responses to that consultation, as well as further engagement with stakeholders (see below). It makes provision:

• to disqualify MSPs who are also a Member of the House of Lords if they do not resolve their dual mandate within 14 days (2 weeks) of being returned as an MSP or taking the oath of office applicable to Lords, whichever comes second.

In addition to considering the written responses from individuals and organisations to the consultation paper, during the policy development process roundtable discussions were held with political parties and stakeholders who have a delivery or practical focus to discuss the SG’s approach to dual mandates legislation including the Electoral Commission, the EMB, IPSA and a Clerk to the House of Lords. The Scottish Government will continue to work with stakeholders and organisations with an interest to ensure full account is taken of equality issues arising after the SSI is implemented.

The Scope of the EQIA

The EqIA has assessed the potential impact of the SSI by considering whether the equality evidence indicates potential differential impacts on persons with protected characteristics or provides an opportunity to improve equality in an area. In line with the requirements of the general equality duty, it considers the need to:

• eliminate discrimination, harassment and victimisation and any other conduct that is prohibited by or under the act;
• advance equality of opportunity between persons who share a relevant protected characteristic and those who do not; and
• foster good relations between persons who share a relevant protected characteristic and those who do not.

The measures outlined in the SSI (as summarised in the section above) are narrow in nature, and the Scottish Government does not consider these to have an equality impact as the cohort of individuals directly affected is small.

The following protected characteristics have been considered in the EqIA:

• age
• disability
• gender reassignment
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation