9.1 The Government intend the minimum of legislation to establish the Scottish Parliament; and wherever possible to leave the Scottish Parliament to decide for itself what its procedures should be. This Chapter sets out the basic constitutional arrangements which the Government will put in place, within which the Scottish Parliament will operate according to its own procedures.

MSPs

9.2 Members of the Scottish Parliament will be elected for a fixed term of 4 years. The legislation will not prohibit dual mandates (i.e. an MSP being also a member of the UK or European Parliaments or a local authority councillor). This will be a matter for individual political parties.

9.3 The Government will invite the independent Senior Salaries Review Body to set the salaries of MSPs in the first instance. Thereafter the Government will expect movements to be linked to changes in the salaries received by MPs. It will be for the Scottish Parliament to determine the allowances to be paid to MSPs.

9.4 The Scottish Parliament may be dissolved before the 4 years is up with the agreement of at least two thirds of MSPs, or if the Parliament fails to agree on the appointment of a First Minister.

9.5 A Presiding Officer and two deputies will be elected from amongst Members by a vote of the full Scottish Parliament. The Presiding Officer will ensure the efficient conduct and administration of Scottish Parliamentary business and chair sessions of that Parliament.

Ministers

9.6 The First Minister will head the Scottish Executive and will be appointed by The Queen on the advice of the Presiding Officer after the Scottish Parliament has nominated a candidate, who will normally be the leader of the party able to command the majority support of the Scottish Parliament. The First Minister will (with the approval of The Queen) appoint other Ministers; and will determine portfolios.

9.7 The Scottish Law Officers will be appointed by Royal Warrant. The Scottish Law Officers need not be MSPs: if not MSPs, they will be entitled to attend and speak, but not vote, in proceedings of the Scottish Parliament and its committees.

How the Scottish Parliament will work

9.8 The Scottish Parliament will be responsible for drawing up and adopting Standing Orders. The Government intend that these Standing Orders be designed to ensure openness, responsiveness and accountability. There will be minimum requirements covering stages of Bills, Crown interests, preservation of order, Members’ pecuniary interests, reporting of proceedings, public access and committees.

9.9 The Government wish so far as possible to leave detailed decisions on how the Scottish Parliament will work to that Parliament itself. The Government expect that the Scottish Parliament will adopt modern methods of working; that it will be accessible, open and responsive to the needs of the public; that participation by organisations and individuals in decision making will be encouraged; and that views and advice from specialists will be sought as appropriate.

9.10 The Government also expect committees to play an important part in carrying out Parliamentary business and the Scottish Parliament will have power to establish such committees as it considers appropriate. It is envisaged that these committees might for example initiate legislation, scrutinise and amend the Scottish Executive’s proposals as well as having wide-ranging investigative functions. Such a role for the Scottish Parliament committees will mean that the proposals of the Scottish Executive will be appropriately scrutinised. The committees might meet from time to time at appropriate locations throughout Scotland so that people can see how their country is run.

9.11 In summary, the Government will provide a framework for the Scottish Parliament, but it will be left open to that Parliament itself to develop procedures which best meet its purposes.