Ayr by-election 2000

'The electoral system for the Scottish Parliament is a hybrid which evolved out of the negotiations between Labour and the Lib Dems in the Scottish Constitutional Convention. The Lib Dems quite rightly refused to yeild on the principle of PR but Labour was and still is split on the issue. The result was a compromise which was cobbled up in such a way to minimise the number of additional list members in order to maximise Labour's share of seats. The compromise produced only a limited degree of proportionality, with Labour having 43.4 % of the seats but only 33.6 % of the regional list votes.' Dennis Canavan MP MSP in the Herald, 10 th January 2000.

A challenge to the rules

By Murray Ritchie Scottish Political Editor in the Herald

Some Labour strategists believe that the Tories should not be entitled to an extra seat in Holyrood even if they snatch Ayr from Labour in March.

Much depends on the decision of Phil Gallie, the former Westminster MP for Ayr, who missed winning the constituency in the Holyrood elections by only 25 votes in Scotland's closest constituency contest in May. The seat was won for Labour by Mr Ian Welsh, chief executive of Kilmarnock FC and a former leader of South Ayrshire Council. Mr Welsh surprised colleagues last week by announcing his resignation so that he could spend more time with his family including a son with special needs.

But his departure left Labour vulnerable in a contest it did not want and which is widely seen as a three-way contest involving the SNP.

Given his high profile locally, Mr Gallie appears the obvious Tory choice of candidate. But to become the constituency MSP he would first have to resign his current seat which he won through the party list in the proportional representation element of the new Additional Member System of voting.

Until now it had been assumed that if Mr Gallie resigned his list seat and was returned to Holyrood via the constituency, his list seat would simply pass immediately to the next on the Tories' party list, Mr Alasdair Hutton, the former South of Scotland MEP.

But now Labour is seeking to invoke the proportionality principle. One senior party insider said: "There could be more to this than meets the eye which is why were are taking the matter up. There is now much talk that the principle of proportionality would be breached if the Tories won Ayr and then awarded themselves another list MSP. That would disturb the party balance which reflects the results of the Scottish elections.

"The whole point of the AMS system is that it should provide proportionality. Allowing the Tories a new list seat if they won a constituency seat would change current proportionality. We are curious, to say the least."

It is understood Labour will raise the subject with Sir David Steel, Presiding Officer, in the hope of a ruling when the Parliament reconvenes in early January.

Legal sources in Edinburgh described Labour's views as "a nice try"and pointed to the terms of the Scotland Act.

One said: "It seems the Parliament would just have to live with the effect of proportionality being disturbed, but only slightly, if Mr Gallie won and the Tories took their list seat - but it should be remembered that by-elections of this sort are not expected to happen too often."

Two names are in the frame for the Labour nomination - Donnie Munro, the former Runrig singer, who has unsuccessfully fought elections for Holyrood and Westminster; and John Baillie, who succeeded Mr Welsh as leader of South Ayrshire Council.

- Dec 24 1999