Holyrood ‘at risk of espionage’ due to foreign MSP rules

The Tories are tabling legislation to ban those with limited leave to remain from becoming MSPs

Holyrood is at risk of espionage due to rules allowing foreign nationals to stand for election, the Scottish Conservatives have warned.

The party said it will put forward legislation to ban those with limited leave to remain from becoming MSPs.

Scottish Tory leader Russell Findlay said people who are in the country on a temporary basis should not make its laws.

Russell Findlayplaceholder image
Russell Findlay | PA

But First Minister John Swinney said he was “perfectly satisfied” with the current rules.

He accused the Tories of being part of a "cosy consensus" with Reform UK, which also raised the issue at First Minister’s Questions on Thursday.

"It absolutely disgusts me that that's where the Conservative Party has reached,” Mr Swinney said.

It comes after Holyrood’s standards committee called on the Scottish government to reconsider its position.

It warned allowing non-UK nationals with limited leave to remain the right to stand in elections could “undermine trust in the democratic process”.

The rules are being re-examined by MSPs on Thursday after ministers tabled the Scottish Local Government Elections (Candidacy Rights of Commonwealth Citizens) Bill.

It will aim to correct an error in earlier legislation that accidentally excluded Commonwealth citizens from extended election candidacy rights.

Mr Findlay said he was pushing to change the law following the election in May of Green MSP Q Manivannan, who is originally from India. At the time, the politician was on a student visa.

The MSP confirmed last month they had been granted a three-year graduate visa, however they are yet to secure leave to remain for the duration of the Holyrood term, due to end in 2031.

MSPs from all parties voted to extend the rights of foreign nationals in 2024 as part of a series of reforms.

But Mr Findlay said this was a “mistake” and the Tories now want to “fix it with a Right to Stand Bill”.

He added: "Only British citizens, like myself and [John] Swinney, should have the right to stand for elected office, along with permanent residents."

Responding, the First Minister said: "I understand that the Conservatives have announced a Right to Stand Bill and parliament will of course give due consideration to this issue, and the government will consider its terms when it is published."

Mr Findlay said: "This Bill is needed because of the election of Q Manivannan, who played by the rules but the rules are wrong.

"Anyone coming to a foreign country on a temporary basis should not make the laws of that country."

He added: "If John Swinney's SNP won't back our Bill, hostile foreign states could attempt to place their people in our parliament.

"The security services routinely warn about espionage in our universities, in businesses and in politics.

"And the SNP-led [standards] committee highlights the risks of foreign meddling in our democracy here in Scotland."

Earlier, Malcolm Offord, the leader of Reform UK in Scotland, said the current rules were waved through by Holyrood’s “cosy consensus” and the public are opposed to extending candidacy rights to foreign nationals.

He added: “The First Minister might choose to ignore a parliamentary committee, but does he intend to ignore the strong opposition of the people?”

Mr Swinney accused Reform of attempting to “spread division”.

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