Report on a Complaint by Mr John Dallat MLA Against Mr Ian Paisley Junior MLA (htm)

Together with the Minutes of Proceedings of the Committee relating to the Report

Ordered by The Committee on Standards and Privileges to be printed 11 June 2008
Report: 37/07/08R (Committee on Standards and Privileges)

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Committee Powers and Membership

1. The Committee on Standards and Privileges is a Standing Committee of the Northern Ireland Assembly established in accordance with paragraph 10 of Strand One of the Belfast Agreement and under Assembly Standing Order Nos. 48 and 52.

2. The Committee has power:

• to consider specific matters relating to privilege referred to it by the Assembly;
• to oversee the work of the Assembly Clerk of Standards;
• to examine the arrangement for the compilation, maintenance and accessibility of the Register of Members’ Interests and any other registers of interest established by the Assembly, and to review from time to time the form and content of those registers;
• to consider any specific complaints made in relation to the registering or declaring of interests referred to it;
• to consider any matter relating to the conduct of Members, including specific complaints in relation to alleged breaches of any code of conduct to which the Assembly has agreed and which have been drawn to the Committee’s attention;
• to recommend any modifications to any Assembly code of conduct as may from time to time appear to be necessary.

3. The Committee is appointed at the start of every Assembly, and has power to send for persons, papers and records that are relevant to its enquiries.

4. The membership of the Committee is as follows:

Mrs Carmel Hanna, Chairperson
Mr Willie Clarke, Deputy Chairperson[1]
Mr Allan Bresland
Mr Francie Brolly
Rev Dr Robert Coulter
Mr Alex Easton
Mr David Hilditch
Mr Paul Maskey[2] [3]
Mr Alastair Ross[4]
Mr George Savage
Mr Brian Wilson

5. The Report and evidence of the Committee are published by the Stationery Office by order of the Committee. All publications of the Committee are posted on the Assembly’s website: (archive.niassembly.gov.uk.)

6. All correspondence should be addressed to the Clerk to the Committee on Standards and Privileges, Committee Office, Northern Ireland Assembly, Room 284, Parliament Buildings, Stormont, Belfast BT4 3XX. Tel: 02890 520333; Fax: 02890 525917; e-mail: mailto:committee.standards%26privileges@niassembly.gov.uk

[1] Mr Willie Clarke replaced Mr Gerry McHugh as Deputy Chairperson with effect from 21 January 2008.

[2] Mrs Claire McGill replaced Mr Gerry McHugh with effect from 28 January 2008.

[3] Mr Paul Maskey replaced Mrs Claire McGill with effect from 20 May 2008.

[4] Mr Alastair Ross replaced Mr Adrian McQuillan with effect from 29 May 2007.

Table of Contents

Report

Appendix 1: Report by the Interim Assembly Commissioner for Standards

Appendix 2: Letter of Complaint by Mr John Dallat

Appendix 3: Proceedings of the Committee Relating to the Report

Third Report

The Committee on Standards and Privileges has agreed to the following Report:

Complaint Against 
Mr Ian Paisley Junior MLA

1. The Committee on Standards and Privileges has considered a report by the Interim Assembly Commissioner for Standards on a complaint by Mr John Dallat MLA against Mr Ian Paisley Jnr MLA. The Report of the Interim Assembly Commissioner for Standards is appended to this report.

2. The complaint, and subsequent investigation, focussed on whether Mr Paisley Jnr had received the benefit of a home which was being provided by a constituent but which was not listed in the Assembly’s Register of Members’ Interests.

3. The Interim Commissioner conducted a long and detailed investigation into this matter to determine whether any benefit had been received and, if so, whether there had been a breach of the Assembly’s Code of Conduct as a result of its non-registration in the Assembly’s Register of Members’ Interests.

4. The Interim Commissioner’s report identifies a number of flaws in the standard administration processes associated with the purchase and transfer of ownership of a property.

5. The Committee recognises that one of these flaws in particular – the omission of registration with the Land Registry to establish Mr Paisley’s legal title – may have contributed to the perception that a benefit had been received.

6. Indeed, the report refers to the Registrar’s observation that 3 years to complete and lodge the necessary documents with the Land Registry ‘is unusual’.

7. However, notwithstanding the fact that this omission meant that Mr Paisley did not have legal title to the property, he and his wife had assumed the responsibility of repaying the loan to the bank.

8. The Committee agrees with the Interim Commissioner’s assertion that it was reasonable for Mr Paisley to believe he had completed the purchase of the house.

9. Therefore, after consideration of the report the Committee accepts that the substance of the complaint – that a benefit had been received but not registered in the Assembly’s Register of Members’ Interests – cannot be substantiated. The complaint therefore is not upheld.

Appendix 1

Report by the 
Interim Assembly Commissioner for Standards

Appendix 2

Letter of Complaint 
by Mr John Dallat

Appendix 3

Proceedings of the Committee Relating 
to the Report

Wednesday, 11th June 2008
Room 135, Parliament Buildings

Present: Mrs Carmel Hanna (Chairperson)
Mr Willie Clarke (deputy Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Rev. Robert Coulter
Mr Alex Easton
David Hilditch
Mr Alastair Ross
Mr George Savage
Mr Brian Wilson

In Attendance: Dr Kevin Pelan (Assembly Clerk)
Miss Eleanor Murphy (Assistant Clerk)
Miss Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apologies: Mr Paul Maskey

The meeting opened at 1.05pm in closed session.

Report by the Interim Commissioner on a complaint against Ian Paisley Junior MLA

The Chairperson referred members to the Interim Commissioner’s report and emphasised the need for Members to keep focussed on those aspects of the report that related to the substance of the complaint.

Mr Wilson joined the meeting at 1.06pm.

Dr Frawley and Mr MacQuarrie joined the meeting at 1.07pm

The Chairperson invited the Interim Commissioner for Standards Dr Tom Frawley, who was accompanied by Mr John MacQuarrie, to make a presentation on the report.

Mr Hilditch joined the meeting at 1:11pm.

Mr Savage joined the meeting at 1.17pm.

Dr Frawley and Mr MacQuarrie left the meeting at 1.36pm.

A discussion of the report followed the presentation by the Interim Commission.

Agreed: The Committee unanimously agreed that the complaint could not be substantiated on the basis of the evidence presented and, therefore, that Mr Paisley Junior had not breached the Code of Conduct.

Mr Brolly joined the meeting at 1:46pm.

Consideration of Draft Report on the Complaint Against Mr Ian Paisley Jnr.

Members considered the draft report on the complaint against Mr Ian Paisley Jnr.

Front Cover – Read and Agreed.

Committee Powers and Membership – Read and Agreed.

Paragraphs 1-9 – Read and Agreed.

The Clerk advised Members that the minutes of proceedings of the meeting would need to be agreed for inclusion in the report.

Agreed: Members agreed that the Clerk would circulate the minutes of proceedings for agreement.

Agreed: Members ordered the report to be printed.

Press Release.

Members considered the draft press release relating to the report.

Agreed: Members agreed the draft press release subject to one amendment.

The Chairperson adjourned the meeting at 1.51pm.

Mrs Carmel Hanna

Chairperson, Committee on Standards and Privileges.
12th June 2008.