Government will not reconsider candidacy rights of foreign nationals – John Swinney

John Swinney has refused to consider changing the law to prevent foreign nationals with limited leave to remain standing for election – despite MSPs’ calls to do so.

Holyrood’s standards committee published a report this week concluding it does not “accept the premise that there should be a general right” for the group to stand.

This is despite the parliament passing a law at the end of 2024 to make the change.

It allowed Scottish Greens MSP Q Manivannan to be elected earlier this year, despite being an Indian national in the UK on a student visa.

The committee urged ministers to reconsider its position, pointing to public opinion generally opposing it.

Asked whether he would do so, the first minister said: “We don't intend to do so, no. The parliament voted unanimously for the provision for foreign nationals to be able to stand for election in certain circumstances.”

He added his government would “press forward” with the current bill before parliament which seeks to correct a drafting error made in the previous legislation.

MSPs have been examining the Scottish Local Government Elections (Candidacy Rights of Commonwealth Citizens) Bill. The law as it currently stands allows foreign non-Commonwealth citizens to stand for local government, but not Commonwealth citizens.

The committee concluded it was a “logical” step to correct this but refused to back the general principles on the basis that it was no longer convinced that those with limited leave to remain in the country should be eligible to stand for either Holyrood or councils.

The Greens earlier this month confirmed Manivannan’s application for a graduate visa had been processed, allowing the MSP to continue living and working in the UK for a further three years.

This is still two years short of the full parliamentary term, though it is understood Manivannan intends to apply for a global talent visa which would last for up to five years.

The Scottish Greens, who are not represented on the committee, said changing these rights now would be a “backward step”.