2.1 This section deals with the detailed arrangements for lodging a motion. These arrangements also apply to lodging an amendment to a motion (further guidance on amendments is given in sections 5 and 6). This guidance applies both to motions taken in meetings of the Parliament and in committees. Therefore, where there is a reference to the Presiding Officer, this should also be read as a reference to a convener when dealing with a motion or an amendment to a motion that is being considered in committee.

Where Motions are Lodged

2.2 Motions are lodged with the Chamber Desk and should contain the text of the motion, a title and the name of the Member giving notice of it. Clerks ensure that all motions conform to the admissibility criteria set out in Rule 8.2.2 of Standing Orders. This will also ensure that any restrictions that apply to particular motions, for example motions that may be moved only by Members of a particular committee or by the Member in charge of a Bill, are complied with.

Role of Chamber Desk

2.3 Members may seek advice from clerks about whether a motion complies with Standing Orders and with this guidance before lodging it. Any advice given to Members by clerks prior to a motion being admitted is strictly confidential as are all discussions or correspondence on motions prior to them being lodged. Clerks may make minor alterations to motions, e.g. to format, grammar or spelling, but will not make any alteration that materially alters the sense of a motion without first consulting the Member. If a motion requires such an alteration in order to be admissible, the clerk may give appropriate advice but it is for the Member to make and/or agree the necessary changes.

2.4 If a motion has been admitted and has appeared in the Business Bulletin but requires further minor editorial adjustment, the clerks will amend it and notify the adjustment to Members in the Business Bulletin by means of an asterisk (*) (which identifies new or altered motions) in the text to show the extent of the alterations made. An asterisk before a motion number denotes a motion that is new or has been altered. In the event of substantial adjustment being required, the Member will be encouraged to withdraw the motion and submit a new one. If, however, deadlines are tight, for example because the motion is to be debated that day, then the new, or altered, motion may either be moved without notice with the permission of the Presiding Officer (see paragraph 2.27) or taken at short notice (see paragraph 2.28).

Who can Lodge Motions

2.5 The Member in whose name the motion is to appear may lodge the motion themselves or confer authority on someone else, e.g. a research assistant, to lodge a motion on his or her behalf. Members who agree to allow someone else to lodge a motion on their behalf must provide the Chamber Desk in advance with a signed copy of the authorisation form contained in Annex A. Copies of this form are available from the Chamber Desk. Members can authorise more than one person to lodge motions on their behalf. Without this authorisation, the clerks will not accept a motion from anyone other than the Member. The authorisation applies for the whole parliamentary session unless the Member alters or revokes it. All alterations or revocations must be notified in writing to the Chamber Desk by the Member personally (not another authorised person).

How a Motion is Lodged

2.6 Standing Orders allow for a motion to be lodged in person or by email. A Member wishing to lodge a motion by email must, before doing so, advise the clerk that he or she intends to lodge documents in this way. This is done by completing the appropriate notification form (see Annex B). Copies are available from the Chamber Desk. Lodging electronically will speed up the whole process and reduce the risk of errors if the motion requires to be retyped. However, if a Member is in any doubt about the format of his or her motion, he or she may find it helpful to discuss the wording with clerks before lodging it. Motions will not be accepted orally, by telephone or by fax. Nonetheless, motions written in any form will be accepted if they meet the criteria for admissibility.

2.7 Members may lodge motions from their parliamentary office, constituency office or home email addresses, providing they have completed the necessary authorisation form stating the full email addresses to be authorised. Emailed motions will be accepted only from these addresses. The mailbox name need not contain the Member’s name but must be an address which the Member has notified the Chamber Desk to be their authorised email address. Specific arrangements for the Scottish Executive are set out in Rule 17.4.2.

Admissibility Criteria

2.8 Rule 8.2.2 contains the criteria for admissibility of a motion—

• the first criterion is that a motion should be in English. Where a Member wishes a motion to be printed in the Business Bulletin in a language other than English, for example Scots Gaelic or Scots, then he or she must provide the appropriate translation. The translation will be printed in addition to, and directly after, the version in English. Clerks will, where practicable, arrange for the translation to be checked before it is accepted as accurate. Responsibility for the accuracy of the translation, however, remains with the Member.
• the second criterion is that a motion must not contain offensive language. This precludes not just obvious obscenities, but also language that is intemperate, inflammatory, sarcastic or provocative or to which other Members might reasonably take offence. There is no requirement that a motion should avoid obvious political content. It is quite permissible, for example, to be openly critical of the stance adopted by another party or the Scottish Executive.
• the third criterion is that a motion must not breach any enactment or rule of law and is not contrary to the public interest. This means, for example, that the terms of a motion should not disclose any information that is protected by an interdict or court order (e.g. the identities of children in custody disputes) or that is commercially sensitive, confidential or the publication of which may cause personal distress or loss. Particular care should be taken over any motion that gives the names of individuals since they may be the names of people whose identity needs to be protected in their own interests (e.g. victims of sexual harassment). In addition, a motion on a matter that is sub judice (Rule 7.5) may only be lodged to the extent permitted by the Presiding Officer. It is generally inappropriate to identify Parliament or MSPs’ staff or Executive officials by name in a motion as they have no means by which to respond. References to job titles are acceptable. Where clerks are in any doubt about the application of this criterion they will seek legal advice from the Parliament’s legal advisers.

2.9 There will be instances where discussion with the Member does not result in a motion that the clerk considers admissible, or where the Member is not available to resolve the issue, or where the matter is not clear-cut and the clerk requires guidance. In these circumstances the clerk will refer the matter to the Chamber Desk Clerk Team Leader and at this stage the Parliament’s legal advisers may be consulted for guidance. If agreement cannot be reached, the matter will be raised with the Head of the Chamber Office and if the Member remains dissatisfied, the matter can be raised with the Director of Clerking and Reporting who may consult the Clerk/Chief Executive of the Parliament where appropriate. If the matter cannot be resolved, the final decision on the motion’s admissibility rests with the Presiding Officer.

2.10 The criteria described in paragraph 2.8 above also apply to motions without notice when clerks are advising the Presiding Officer on whether the criteria have been met and the motion is admissible. If there is any doubt, the meeting at which the motion is to be, or is being, considered may be suspended or the Presiding Officer may decide to take the motion at the end of the meeting so that, for example, legal advice can be sought. A motion without notice, unless the Standing Orders specifically provide for it, may only be moved at the Presiding Officer’s discretion.

Declaration of Registrable Interest

2.11 Members with a registrable interest in a motion are required to declare their interest when lodging it (this also applies to amendments and indications of support for motions). Detailed guidance on the declaration of registrable interests in relation to motions can be found in the Code of Conduct for Members of the Scottish Parliament, and, in particular, sections 3.10 - 3.13 http://www.scottish.parliament.uk/msp/conduct/index.htm. If an interest is declared the clerk will ensure that an “R” is placed at the end of the motion when it appears in the Business Bulletin. The Business Bulletin will draw attention only to the existence of a declared registrable interest and will not identify the particular interest that is being referred to. It is for the Member to decide whether a registrable interest is relevant to a particular motion. The clerks to the Standards, Procedures and Public Appointments Committee are always happy to advise Members. If a Member has made a declaration, and his or her motion is selected for debate, then he or she must make an oral declaration of the interest prior to moving the motion. Anyone wishing to examine Members’ interests should consult the Register of Interests, which is available at http://www.scottish.parliament.uk/msp/membersPages/index.htm.

Style and Layout

2.12 Motions should be clearly worded and avoid any ambiguity. The following paragraphs set out the normal style that should be adopted for lodging motions.

2.13 When framing a motion, the form “That the Parliament ….” should always be used followed by an appropriate verb to reflect what it is that the Member wishes the Parliament to do. For example—

“That the Parliament agrees…”
“That the Parliament approves…”
“That the Parliament notes…”
“That the Parliament calls on...”
“That the Parliament recognises...”
“That the Parliament acknowledges...”

2.14 A motion should be constructed within one sentence and appropriately punctuated to indicate different ideas. For example—

“That the Parliament notes A; recognises B; agrees C, and calls on D to... .”

2.15 Where it is appropriate to break up a motion into numbered paragraphs, these should be separated (a), (b), (c) and so on, followed by (i), (ii), (iii) and so on and (A), (B), (C) and so on. For example—

“That the Parliament acknowledges the importance of X and calls on the Scottish Executive to consult (a) all interested parties with a view to introducing legislation to (i) ensure that… and (ii) promote measures to (A) end… and (B) begin…, and (b) local authorities to allocate funding in (i) 2003-04 and (ii) 2004-05… .”

2.16 A motion should have a brief title that summarises its subject matter. Members should ensure that an appropriate title is supplied when lodging the motion.

Members’ Business

2.17 Members’ Business debates normally follow the conclusion of Decision Time each day and last for up to 45 minutes. They take place on a motion, but the motion is not moved at the beginning of the debate. The Member whose motion is being debated is normally allocated seven minutes to speak to the motion at the start of the debate, as is the Minister responding at the end of the debate. As with other debates, the Presiding Officer selects Members to speak and allocates time for speeches. Members’ Business debates are concluded without any question being put.

2.18 The Parliamentary Bureau selects motions to be debated as Members’ Business using the following criteria:

a. Motions will (a) have an explicit local or regional dimension; or (b) raise issues of national policy in a local or regional context and have cross-party support¹; or (c) raise issue-commemorating anniversaries or marking national “weeks” or special events and have cross-party support; and

b. As Members’ Business debates provide an opportunity for particular issues to be raised without a decision being taken, motions will not “call on” anybody to undertake specific actions or to take or reverse particular decisions.

2.19 The Chamber Desk advises on compliance with the above at the time of lodging. Those motions which require cross-party support (b and c in the first criterion above) are given a hash symbol (#) once they have attained the requisite support and are initially published in the Business Bulletin with a diamond symbol (♦). Only those motions with a hash symbol will be eligible for selection for Members’ Business debates. The Parliamentary Bureau will be the final arbiter in any unresolved dispute.

2.20 The Bureau may exceptionally select for debate a motion which falls outwith the above criteria, should it have cross-party support and should a majority of Members of the Bureau support its selection.

2.21 In order for the Parliamentary Bureau to be given as much notice as possible of motions to be debated and for checks against the above criteria to be made, the Parliamentary Bureau will only select for debate from those motions that comply with this guidance and that are lodged by the Monday of the week preceding the debate.

Timing

2.22 Motions may be lodged only on days when the office of the Clerk is open. Motions received after 4.30 pm will not normally appear in the Business Bulletin for the following day. Chamber Desk clerks will record the time at which motions are received. If a motion is sent by email, the time at which it is deemed to be received is the time it is delivered to the Chamber Desk email inbox. Members should note that a motion received before 4.30 pm will not normally appear in the Business Bulletin for the following day if a decision on its admissibility cannot be made before that time.

2.23 As a matter of good practice, motions to initiate business already agreed to in the Business Programme should be lodged at least two sitting days in advance of the relevant debate and amendments should be lodged at least one day in advance of the debate. In both cases the motion and amendment should be lodged by 4.30 pm for publication in the following day’s Business Bulletin.

Publication of Motions in Business Bulletin

2.24 Once a motion has been received and checked for admissibility by the clerks in the Chamber Desk, the clerks will arrange for its publication in the next day’s Business Bulletin. All motions lodged between Monday and Friday and which are extant, reprinted in the Business Bulletin published the next Monday, which also includes all motions to be debated that week. A complete list of extant motions and amendments to motions is available in the Chamber Desk where advice on the current supporters is also available (the names of all supporters to each motion shown on the Parliament’s website are updated daily).

http://www.scottish.parliament.uk/business/motionsAndAmendments/motions.htm. The Business Bulletin shows all new indications of support for motions.

Removal of Motions by the Parliamentary Bureau

2.25 The Chamber Desk maintains and publishes from time to time a list of all admissible motions lodged and not yet taken by the Parliament. Motions remain on this list (unless withdrawn by the Member) for six weeks (excluding recess time) after which the Parliamentary Bureau has the power to remove any that have not been scheduled for debate (in the business programme) (Rule 8.2.8). The Bureau has agreed that all motions eligible for removal under this Rule should normally be removed from the list unless:

• they have the support of at least 30 other Members and these supporters come from more than two political parties;
• they have remained highly topical; or
• they have been selected for Members’ Business.

Arrangements for Indicating Support

2.26 Once a motion has been lodged, and both before and after it appears in the Business Bulletin, any Member may add his or her name in support of it. This can be done in writing or the Member may arrange for any other person to do so on his or her behalf, but only if that person has been authorised to do so by the Member and the Chamber Desk has been notified of that authorisation in writing. Email from the Member’s email address is also acceptable if the Member has notified the Chamber Desk that he or she intends lodging documents by email (see para 2.7 above). Annex C provides instructions for setting up voting buttons for supporting motions.

Different arrangements for the Scottish Executive are set out in Rule 17.4.2.

Motions Moved Without Notice

2.27 Under Rule 8.1.2 a motion may be moved without notice only as permitted by the Standing Orders or, exceptionally, as permitted by the Presiding Officer.

Motions at Short Notice

2.28 Normally, a motion for which notice is required shall not be taken until the sitting day after that on which notice was given. A Member may, however, lodge a motion to be taken at shorter notice (usually the same day) under Rule 8.2.6. In this event the Chamber Desk will refer the motion to the Presiding Officer, who may decide to allow the Member to seek the Parliament’s approval to move the motion. In that case the Member will, at the time scheduled by the Presiding Officer, move without notice that the motion should be taken at shorter notice (see section 6).

Withdrawal of a Motion

2.29 A Member may withdraw a motion in his or her name at any stage before it is moved by notifying the Chamber Desk (Rule 8.2.9). If the motion is being debated that day, the Member, or an authorised assistant, should notify the Chamber Desk in writing immediately (telephone notifications are only acceptable in cases of extreme urgency). If a motion is withdrawn, any amendments to it will automatically fall. It is the normal practice of the Chamber Desk to notify supporters of a motion, and any amendments to it, if it is withdrawn.

2.30 Normally the Chamber Desk ensures that notification of a motion’s withdrawal appears in the Business Bulletin. However, if it is too late for such notification to appear in the Business Bulletin, the Member should notify the Presiding Officer. If a Member is unable to withdraw a motion before it is called by the Presiding Officer the Member should say “not moved”. Any other Member who has indicated support for it before the end of the previous sitting day may move it instead (Rule 8.3.2). The process for withdrawing a motion after it has been moved is set out in paragraph 4.3.

Business Motions and Role of the Parliamentary Bureau

2.31 Business motions normally give an outline of proposed business in the Chamber and, in some cases, recommend lead committees for the consideration of legislation or give proposed timetables for stages of Bills. Their content is agreed by the Parliamentary Bureau and they are normally lodged in the name of the Minister for Parliamentary Business on behalf of the Parliamentary Bureau. Notice of an amendment to a business motion may be lodged by a Member with the Chamber Desk. If, when notice of an amendment to a business motion is given, it is supported by at least 10 Members, that amendment must be taken by the Parliament
(Rule 8.11.4).

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