First Minister John Swinney has been warned that foreign states could interfere in Scottish politics if current election laws, which allow foreign nationals without permanent residency rights to stand for election, are not reversed. These concerns about the potential for "espionage" were voiced as Swinney defended the existing rules, which permit individuals with temporary leave to remain in the UK to run for election to the Scottish Parliament or local councils.
Scottish Conservative leader Russell Findlay argued that if the Scottish National Party does not support a Tory bill to amend these rules, hostile foreign powers might try to install their representatives in the Scottish Parliament. Findlay cited routine warnings from security services about espionage in various sectors, including politics, and noted that an SNP-led Holyrood committee has highlighted the risk of foreign meddling in Scotland's democracy. He questioned why Swinney was willing to accept such a risk.
Swinney stated that while the government would consider any bill brought forward on the matter, he did not consider it the most significant issue facing the country at present. He also expressed satisfaction with the current rules regarding election eligibility. The Scottish Elections (Representation and Reform) Act 2025, passed in December 2024, introduced the changes to candidacy rights for Holyrood and local government elections.
The Scottish Tories, led by chief whip Tim Eagle, are proposing a 'Right to Stand Bill' that would reinstate previous requirements. This would necessitate foreign nationals needing indefinite leave to remain or pre-settled status under the EU Settlement Scheme to stand for election or hold office in Scotland.
Jenni Minto, convener of the standards, procedures and public appointments committee, reiterated her call for a review of the rules, urging a reflection on decisions that may be incorrect. Minto noted that her committee's report highlighted the risk of continued meddling by hostile states and the potential for their people to enter the Scottish Parliament if the proposed Tory bill is not supported. She suggested that Swinney appeared out of touch with public sentiment on the issue.
During a parliamentary debate, Minto emphasized that her committee's plea for the Scottish Government to reconsider its position on allowing foreign nationals with limited leave to remain to stand in elections should be taken seriously. She acknowledged having voted in favor of the changes previously but stressed the importance of parliamentary humility and reflection.
The controversy follows the election of Scottish Greens candidate Q Manivannan, who was elected while holding only a temporary student visa. Manivannan, originally from India, has since obtained a graduate visa and is pursuing permanent residency. A Scottish Greens MSP noted during the debate that foreign nationals on limited leave to remain undergo rigorous criminal record checks.
A spokesperson for the Scottish Government confirmed that a review of the current candidacy rules is not planned, but Parliament will consider the Tory bill once it is published.