Report on a referral to the Commissioner for Standards for investigation of an alleged leak of confidential information
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Ordered by the Committee on Standards and Privileges to be published on 20 November 2024.
This report is embargoed until noon on Friday 22 November 2024
Report: NIA 55/22-27 Committee on Standards and Privileges
Contents
- Powers and Membership
- List of Abbreviations and Acronyms used in this Report
- Introduction
- Background
- The Commissioner’s key findings
- The Committee’s follow-up action
Powers and Membership
Powers
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. 51 and 57. Further provisions on the Committee’s functions are also included in Standing Orders 69, 69A, 69B, 69C and 70.
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 arrangements for the compilation, maintenance and accessibility of the Register of Members’ Interests and any other register of interests 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 of declaring of interests referred to it;
- To consider any matter relating to the conduct of Members; and
- To recommend any modifications to any Assembly code of conduct as may from time to time appear to be necessary.
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 enquires.
Membership
The Committee has 9 members, including a Chairperson and Deputy Chairperson, and a quorum of five members. The membership of the Committee is as follows:
- Ms Carál ní Chuilín MLA (Chairperson)
- Ms Connie Egan MLA[1] (Deputy Chairperson)
- Mr Stewart Dickson MLA
- Miss Jemma Dolan MLA
- Mr Paul Frew MLA
- Mr Harry Harvey MLA
- Mr Brian Kingston MLA[2]
- Mrs Cathy Mason MLA
- Mr Colin McGrath MLA
List of Abbreviations and Acronyms used in this Report
MLA: Member of Legislative Assembly
The Commissioner: Assembly Commissioner for Standards
The Committee: Committee on Standards and Privileges
Introduction
1. The Committee on Standards and Privileges (“the Committee”) has considered a report from the Assembly Commissioner for Standards (“the Commissioner”) on her investigation into the self-referral by the Committee regarding an alleged leak to the media of confidential information relating to a live complaint case.
2. A link to the Commissioner’s investigation report is included in Appendix 1 (a limited amount of information has been redacted from the Commissioner’s report to accord with legal obligations).
3. A link to the applicable minutes of proceedings of the Committee is included at Appendix 2.
Background
4. At its meeting on 29 May 2024, the Committee noted correspondence which the Chairperson (and the Commissioner) had received from the respondent to a then live complaint, in which issues were raised regarding the confidentiality of the complaint (the correspondence, dated 25 May 2024, is included at Annex A to the Commissioner’s investigation report). In particular, the respondent cited an enquiry they received from a BBC reporter and alleged that information relating to the case was leaked from the Committee to the media.
5. The allegation related to email correspondence to the Commissioner, dated 22 April 2024, which the Commissioner forwarded to the Committee on 29 April 2024 and which was first considered by the Committee, in closed session, at its meeting on 1 May 2024.
6. This was the second occasion in which concerns had been raised regarding potential unauthorised disclosure of confidential information on the case. At its meeting on 1 May 2024, the Committee noted correspondence from an MLA expressing concerns around recent media reporting of the resignation of the respondent as an MLA and asking that Committee members be reminded of the requirements of Rules of Conduct 12 and 17 regarding maintaining the confidentiality of live complaints. In response to those concerns, Committee members were reminded of the requirements of the applicable rules and procedures on maintaining the confidentiality of live complaint cases.
7. At the meeting on 29 May 2024, the Committee agreed to further consider the issues raised in the respondent’s correspondence at the meeting on 12 June 2024, including how any potential unauthorised disclosure of information might be pursued. In the meantime, the Commissioner also wrote to the Committee to raise her concerns in relation to the latest disclosure of confidential information(the Commissioner’s correspondence, dated 29 May 2024, is included at Annex A to the Commissioner’s investigation report).
8. In light of the above, the Committee decided at its meeting on 29 May 2024 to make a referral to the Commissioner (under Standing Order 69A(5)(a)(i)) to investigate whether any confidential information relating to the then live complaint against the respondent was leaked from the Committee to the media.
9. At its meeting on 12 June 2024, the Committee agreed terms of reference for the referral, which required the Commissioner to investigate the conduct of all members of the Committee during the Committee’s investigation of the complaint to establish:
- whether any member/s of the Committee communicated, directly or indirectly, with any media outlet regarding email correspondence to the Commissioner, dated 22 April 2024, which related to the respondent’s conduct in relation to the complaint case (and which was considered at the Committee meeting on 1 May 2024);
- whether any disclosure of confidential information on the complaint may have been from a source other than a Committee member – e.g. Committee officials or other third parties;
- the nature, means and purpose of any communication between any Committee member/s and journalists relating to the live complaint;
- whether any communication by any Committee member/s was, in the view of the Commissioner, in breach of any of the rules of conduct and/or inconsistent with any of the principles of conduct as contained in the Code of Conduct for Assembly Members; and
- to identify any applicable lessons from the investigation and make recommendations to the Committee on related improvements to the applicable rules of conduct and to the Committee’s complaint-handling procedures and practices.
10. As part of her investigation, the Commissioner interviewed a range of witnesses, including the members of the Committee and secretariat staff.
11. The Commissioner briefed the Committee on her investigation report at the Committee’s meeting on 23 October 2024. Whilst the detail of the Commissioner’s investigation is set out in her report (Appendix 1), the key findings are outline below.
The Commissioner’s key findings
12. The Committee notes, in particular, that:
- The Commissioner found that there was an unauthorised disclosure of confidential information relating to the live complaint.
- The Commissioner was unable to establish the source of the leak. However, based on the evidence obtained from her investigation, she considers the disclosure was likely verbal.
- The Committee members and staff are well aware of their duties and obligations in relation to keeping confidential the often highly sensitive and protectively marked information regularly received and considered by the Committee.
- There is also an awareness that the unauthorised disclosure of confidential information has implications for the fairness and natural justice of live investigations, damages trust and working relationships and undermines the important work and reputation of the Committee and the wider Assembly.
- The Commissioner considers that the Committee has robust procedures in place for handling protectively marked documents.
- The Commissioner considers that there are no procedural steps that can be taken to fully eliminate the risk of unauthorised disclosure of confidential or sensitive information, bar one - “Members fully committing to working in accordance with the Code of Conduct and Seven Principles of Public Life in order to build and maintain trust between each other and the public we serve.”
- The Commissioner recommended that “the Committee should consider whether confidential documents should be withheld from online attendees and be made available in-person only in reading rooms prior to the meeting or on the day of the meeting and whether the work of the Committee would be unduly obstructed should such documents be unavailable to remote attendees.”
The Committee’s follow-up action
13. Following consideration of the Commissioner’s findings, at its meeting on 24 October 2024, the Committee agreed the following actions aimed at further strengthening its procedures for safeguarding the confidentiality of live complaint cases:
- To develop a protocol for remote attendance at Committee meetings which, for example, will include a rule that remote attendees must have their camera on for the duration of the meeting and which will set out the extent to which restricted documents are shared on-screen for remote attendees;
- The reading room facility, for viewing restricted meeting papers in advance of Committee meetings, will be limited to in-person attendance only and a hard-copy of the restricted meeting pack will be available during the reading room viewing; and
- When restricted meeting packs are substantial, there will be the option for members to take time immediately before the Committee meeting commences as a further opportunity to read the hard-copy papers.
14. The Committee is firmly of the view that the leaking of confidential or protectively marked information relating to a live compliant investigation, either in hard-copy form or verbally, is both dishonourable and dishonest (as well as being in breach of Rules of Conduct 12 and 17). The unauthorised disclosure of such information serves no public interest and causes significant damage to the reputation of the Committee.
15. In light of this case, the Committee reiterates to all MLAs the importance of maintaining confidentiality during the complaints process. In order to safeguard the fairness and integrity of the process and avoid any unnecessary reputational damage to any of the parties involved, it is imperative that the confidentiality of complaints is upheld until the consideration and, where applicable, the investigation and adjudication of complaints has concluded.
Links to Appendices
Appendix 1: The Commissioner for Standards Report on a self-referral from the Committee on Standards and Privileges
Appendix 2: Minutes of Proceedings
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This Report can be made available in a range of formats including large print, Braille etc. For more information please contact:
Committee on Standards and Privileges
Shane McAteer, Committee Clerk
Northern Ireland Assembly
Parliament Buildings
Ballymiscaw
Stormont
Belfast BT4 3XX
Telephone: 028 90 521843
Email: committee.standardsprivileges@niassembly.gov.uk