The Scottish Government plans to introduce legislation to ensure that all migrants with limited leave to remain in the UK can stand as councillors in local authority elections. This move follows the identification of a gap in existing law that inadvertently excludes Commonwealth citizens with limited leave to remain from this right.
The Scottish Elections (Representation and Reform) Bill, passed unanimously on December 17, 2024, was intended to allow foreign nationals with limited leave to remain to stand for election as councillors. However, Parliament Business Minister Jamie Hepburn stated that a gap was discovered, which meant this provision did not extend to Commonwealth citizens.
Ministers intend to introduce a short bill in September, after the parliamentary summer recess, to rectify the situation in time for the local government elections scheduled for May 6, 2027. Hepburn explained that the government wishes to ensure Parliament has the opportunity to correct this anomaly and fulfill the original intent of the legislation. He noted that the current situation could lead to an inconsistency where, for example, a US citizen with limited leave to remain could stand for election, while a Canadian citizen could not.
The current gap is specific to local government elections and does not affect the eligibility of Commonwealth citizens with limited leave to remain to stand as Members of the Scottish Parliament (MSPs). The Scottish Government has indicated it has received no information suggesting that any Commonwealth national with limited leave to remain has already been elected as a councillor.
This legislative adjustment comes after controversy surrounding Green MSP Qasim Manivannan, who became the first migrant without permanent leave to remain in the UK to be elected to Holyrood. Critics have expressed concern that the updated legislation could result in elected councillors being unable to serve full terms, potentially leading to by-elections and costs for taxpayers, or even serving from abroad. They questioned whether allowing more individuals with limited leave to remain to stand for election should be a top priority.