Minutes of Proceedings

Session: 2007/2008

Date: 27 February 2008

Venue: Room 135, Parliament Buildings

The meeting opened at 2.05pm in public session.

Chairperson’s Introduction

The Chairperson welcomed Members to the twenty first meeting of the Committee.

Agreed: Members agreed to hold the meeting in public session.

1. Apologies.

Apologies are detailed above.

2. Declaration of Interests.

The Chairperson reminded Members of their obligation to declare any relevant pecuniary or other interests before and during each Committee meeting.

3. Draft minutes of the meeting held on 13th and 18th February 2008.

Agreed: The Committee agreed the minutes of the meeting of the 13 th and 18 th February 2008.

Mr Easton joined the meeting at 2.06pm.

4. Matters Arising.

There were no matters arising.

5. Review of the Code and Guide: The Register of Members’ Interests - Procedures for Making Amendments to the Register.

Members noted a paper on the procedures in other jurisdictions for making amendments to the Register of Members’ Interests.

Members discussed the potential benefits of the Scottish Parliament procedures for deleting interests no longer held by a Member.

Agreed: Members agreed to the adoption of the Scottish Parliament’s procedures for the deletion of ceased interests from the Register of Members’ Interests and that this should be included in the draft consultation document.

6. Review of the Code and Guide: MLAs’ Employment of Family Members.

The Chairperson reminded Members that the Committee had agreed to defer this matter until the Committee could consider how this issue was being addressed in other jurisdictions.

Members noted the press notice from the House of Commons Committee on Standards and Privileges which stated that the Committee believed that by the 1 st April 2008 the House of Commons should have in place within the framework of the existing Registers, a system for compulsory registration of Members who employ family members. Members further noted how the Scottish Parliament and the National Assembly for Wales were approaching this issue.

Agreed: Members agreed to the adoption of mandatory registration for the employment of family members of MLAs and that this should be included in the draft consultation document.

Members discussed the level of detail Members would be required to register in respect of this new category.

Agreed: Members agreed to defer a decision on this matter until the Clerk could provide an options paper on the level of detail which would be required for registration purposes.

7. Review of the Code and Guide: Public Disclosure of Complaints.

Members discussed the difficulties experienced by the Committee and the Interim Commissioner when details a complaint is disclosed to the media by either the complainant or by the Member who is the subject of the complaint.

Members noted that the House of Commons Committee on Standards and Privileges considers the release of evidence or correspondence while an inquiry is in progress to anyone other than the Committee or Commissioner, without the Committee’s agreement, as contempt of the House.

Agreed: Members agreed that it should be stated in the “complaints procedure” of the draft consultation document that any Member who makes a statement or releases evidence about a complaint to the press while that complaint is being investigated or considered by the Committee will be in contempt of the House.

Review of the Code and Guide: Category 4 (Sponsorships).

Members noted a paper from the Electoral Commission on Category 4 (Sponsorships).

Mr Ross left the meeting at 3:16pm.
Mr Ross rejoined the meeting at 3.18pm.

Agreed: Members agreed to take forward the consideration of Category 4 on the basis of comparison with other legislatures.

Agreed: Members agreed that the Clerk will continue to liaise with the Electoral Commission in order to bring the Categories, where possible, into line with PPERA legislation.

Agreed: Members agreed that in order to facilitate subsequent amendments to the Code after it is published, the Code should include a reference to the Committee making adjustments to the Code as and when necessary by bringing amendments to the House.

Mr Clarke left the meeting at 3.21pm.
Mr Clarke rejoined the meeting at 3.26pm.
The meeting moved into closed session at 3.27pm.

8. Any Other Business
Complaints

Members agreed to defer consideration of matters relating to a complaint until legal advice was available.

The meeting moved into public session at 3.40pm.

Interim Commissioner for Standards

The Chairperson advised Members that the Interim Commissioner has received a number of media requests for interviews relating to standards issues.

Agreed: Members agreed that the Interim Commissioner be permitted to give interviews regarding his role and remit and Interim Commissioner.

Forward Work Programme

A copy of the Committee’s draft forward work programme from February to June was circulated for consideration.

Agreed: Members agreed the forward work programme and agreed that it be published on the Committee’s webpage.

Mr Hilditch left the meeting at 3.45pm.

Correspondence

Members noted the Department for Enterprise, Trade and Investment’s draft Better Regulation Annual Report 2006/07, a copy of which was circulated to all committees.

A copy of an email from a member of the public was circulated.

Agreed: Members agreed that the Clerk respond to the comments in the email in hard copy if an address for correspondence was provided.

The Chairperson advised Members that the Clerk had received correspondence in relation to two further complaints which have been forwarded, in accordance to agreed procedure, to the Interim Commissioner for Standards.

Mr Hilditch rejoined the meeting at 3.46pm.

9. Date, time and place of next meeting.

The next meeting will be held on Wednesday 12th March at 2:00pm in Room 135.

The Chairperson adjourned the meeting at 3.50pm.

MRS CARMEL HANNA
Chairperson, Committee on Standards and Privileges.
12th March 2008.

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