REFNATION
ConstitutionNationalClosed · Final

Should the Scottish Parliament be given full parliamentary privilege to protect MSPs from legal action?

Yes 44%No 56%108 votes cast

Scottish Conservative MSP Stephen Kerr argues that Holyrood lacks the parliamentary privilege held by Westminster. This prevents MSPs from freely debating matters of public interest without fear of legal action. The issue arose during the Holyrood inquiry into the Scottish Government's handling of complaints against Alex Salmond, where parliamentarians were constrained in discussing evidence.

Jump to opinions· 5

Given the chance to extend Westminster-style parliamentary privilege to Holyrood, the chamber held back, No prevailing by twelve points in a vote shadowed throughout by the Salmond inquiry that prompted the question. The result reads less as a verdict on devolution than as a statement of wariness about shielding MSPs from the ordinary consequences of what they say.

The generational split is the story: the youngest voters backed the change comfortably, while the over-65s dug in against it by roughly three to one. That gap suggests a divide less about constitutional symmetry with Westminster than about faith in the institution being protected — younger voters more willing to trust MSPs with the latitude to speak freely, older ones more inclined to see immunity as a shield for evasion rather than candour.

The argument sits squarely in the aftermath of the Salmond affair, where accusations of Scottish Government interference and constrained parliamentary scrutiny still colour how voters view Holyrood's institutional maturity. Extending privilege was framed by supporters as simple parity with Westminster; sceptics heard in it an echo of a devolved settlement still finding its footing, and worried what protection might enable rather than what it might permit.

The floor's top Yes case put it plainly: MSPs, "as in Westminster," should be able to "raise questions even if this might embarress and open up area which need more scrutiny." The most-respected No voice cut the other way, asking whether it was really a lack of privilege that silenced Holyrood or "partisan advice from their equivalent of the Attorney General," and whether new immunity would make MSPs braver or simply "consolidate the SNP code of omerta even further."

A chamber unconvinced that more legal cover would loosen tongues rather than loyalties.

LeftCentreRight
  • PNutt· 114
    The National-Shield EgalitarianLeft
    NO
  • ThisisKaj· 379
    Leader of PeopleCentre Left
    NO
  • A
    The Constitutional LoyalistHard Right
    NO
  • The Public-Service HardlinerRight
    NO
  • The Civil-Liberties DisciplinarianLeft
    YES
  • The Instinctive EgalitarianLeft
    YES
  • O
    osiris· 557
    The ContenderHard Right
    NO
  • The Status Quo UnionistRight
    NO
  • Enny· 41
    The Guarded PluralistCentre Left
    NO
  • The Undecided PragmatistLeft
    YES
  • The Green Order ConservativeRight
    NO
  • The Green Welfare-ConservativeCentre Right
    YES
  • D
    Didkdkd· 15
    Centre Right
    YES
  • evgr13· 20
    The No-Ban IdealistLeft
    YES
  • E
    Effie· 386
    The Civic Rights HardlinerRight
    NO
  • The Traditionalist EnforcerRight
    NO
  • Astobie1· 331
    The Public-Service DisciplinarianRight
    NO
  • The Renewable DoveLeft
    YES
  • The Anti-Corporate EnforcerRight
    NO
  • W
    WildRover· 139
    The Consensus Leftish PragmatistCentre
    YES
44%
Yes · 47 votes
56%
No · 61 votes
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Debate

5 Opinions

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The Ironclad Civic Paternalist
Voted noCentre

Scotland feels like it’s independent in everything but name. However they lost the vote to become independent in 2014 and remained as part of the Westminster parliament. Therefore legal process must be followed regardless of people opinions….

PeterA48· 269
The Border Mandate Enforcer
Voted yesRight

As in Westminster MSPs in Holyrood should be able to raise questions even if this might embarress and open up area which need more scrutiny.

The Constitutional Dissenter
Voted noRight

Was it the lack of privilege that closed their mouths or partisan advice from their equivalent of the Attorney General? Would privilege make them braver or would it consolidate the SNP code of omerta even further?

warmana· 469
The Constitutional Enforcer
Voted yesHard Right

I don't really support devolution. But if you have a parliament, it's imperative that views can be spoken by representatives, without fear of prosecution (and hence, censorship).

The Sovereignty Hardliner
Hard Right

The Scottish assembly has proved to be a huge mistake. Cancel it and bring the powers back to Parliament. Problem solved.