Election rules for foreign nationals should be reconsidered, MSPs say

A law allowing foreign nationals with temporary permission to stay in the UK to stand in Scottish elections should be reconsidered, a Holyrood committee has said.

It follows the election in May of Green MSP Q Manivannan, whose visa was due to expire at the end of the year.

The Standards, Procedures and Public Appointments Committee said the "rationale" for allowing people with limited leave to remain and stand for election to councils and Holyrood was "simply not clear".

The Greens said reversing the law change would be a "regrettable backwards step" for Scotland.

MSPs voted to extend candidacy rights for foreign nationals in 2024 as part of wide-ranging reforms, though some have since acknowledged that they did not consider the full implications of the changes.

Critics have argued that the Greens should not have selected a candidate who did not have indefinite leave to remain - an immigration status allowing a successful applicant to live and work in the UK in perpetuity.

Manivannan, who is originally from India and identifies as non-binary, was elected to Holyrood on the Edinburgh and Lothians East regional list.

At the time, the Green politician was on a student visa.

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

"This is my home and I'm not going anywhere," Manivannan said.

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

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

Committee convener Jenni Minto MSP warned that the new bill risked "entrenching a policy that instead needs looked at again".

She said: "The changes that allowed people with limited leave to remain to stand for election should be reconsidered.

"They appear to have run ahead of what the public want and the rationale for making the change is simply not clear."

MSPs across the chamber voted to reform Scotland's electoral system in 2024, passing the Scottish Elections (Representation and Reform) Bill.

This included new rules on who could stand, how parties are financed and how votes are run.

Crucially, it included permission for foreign nationals without indefinite leave to remain to run for council and Holyrood elections.

Many of the MSPs who voted for the bill, including Minto, have since voiced concerns about that rule.

Another, Conservative MSP Thomas Kerr, said earlier this year that he "took on board" arguments that he and other MSPs had not properly considered the implications of the legislation they passed.

However, he insisted he had particular concerns about Manivannan because the Green was elected while on a visa that is due to expire by the end of the year.

A spokesman for the Scottish Greens said: "There are thousands of people with limited leave to remain who live and work in Scotland and have made a home here, including Commonwealth citizens.

"They should be able to stand for our parliament and councils."

He added: "MSPs backed this change unanimously at the time, including the convener and co-convener of the committee.

"It would be a regrettable backwards step for representation and democracy if Scotland was to roll back on this commitment."