Should the Scottish Parliament be given full parliamentary privilege to protect MSPs from legal action?
ConstitutionEnded 22 Jul

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.

“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.”

YES case · PeterA48 · 1 respect

“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?”

NO case · constancia · 0 respects

56%
No
majority
44% Yes
Votes108
Skipped10
You—

% voting yes, by leaning

86% yes among H. Left voters, 7 of them
68% yes among Left voters, 22 of them
53% yes among C. Left voters, 15 of them
31% yes among Centre voters, 13 of them
43% yes among C. Right voters, 14 of them
17% yes among Right voters, 30 of them
33% yes among H. Right voters, 6 of them
H. Left
Left
C. Left
Centre
C. Right
Right
H. Right
Cite this result

refnation referendum, closed 22 July 2026: “Should the Scottish Parliament be given full parliamentary privilege to protect MSPs from legal action?” — No 56% (108 votes).

Free to quote with a link to this page — Copy includes it.

Spread the wordShare
Debate

5 Opinions

Sign in and vote to share your opinion.
PeterA48· 604
The Referendum Traditionalist
Voted yesRight lean

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 Centurion
H. Right lean

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

The Ironclad Civic Paternalist
Voted noCentre lean

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….

The Energy-Security Right
Voted noRight lean

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?

The Sovereignty Custodian
Voted yesH. Right lean

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).