Dr J A T Dyer

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• Dr J A T Dyer
• http//www.spsc.co.uk

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Scottish Parliament related Public Office
Holders

• Auditor General for Scotland
• Scottish Public Services Ombudsman
• Scottish Information Commissioner
• Scottish Parliamentary Standards Commissioner
• Commissioner for Children and Young People
• Commissioner for Public Appointments in Scotland

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Scottish Parliament

• Recommenced 1999
• One chamber
• 129 Members (MSPs)
• 73 constituency
• 56 list or regional (7 from each of 8 regions)
• elected by proportional representation

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There is nothing more important in public life
than integrity. Democracy cannot function
without respect for politicianswhich is based on
their good reputation. Allan Massie Sunday Times
22/2/04
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Created by legislation

• Committee Bill became
• Act of Scottish Parliament
• passed June 2002

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Standards Commissioner Role

• An independent investigator of complaints that
  an MSP has breached the Code of Conduct,
  Interests of Members of Scottish Parliament Act
  (2006) etc.

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(No Transcript)
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Commissioner does not

• Decide on sanctions (Parliament does)
• Give advice on standards issues (Standards
  Committee clerks do)
• Deal with complaints re Parliament staff or MSP
  staff
• Deal with complaints about Ministerial action

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Commissioner does not (contd.)

• Deal with complaints about conduct in the chamber
  or committee, or about Cross-Party Groups
• Deal with complaints about use of allowances
• Deal with complaints about relationship between
  list and constituency MSPs
• Deal with complaints about misuse of
  Parliamentary facilities and services

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Code of Conduct

• Gives guidance to MSPs on
• how to carry out their
• Parliamentary duties
• Respecting privacy
• Registering and declaring interests
• Paid advocacy
• Lobbying and preferential access
• Code incorporates Interests of Members of the
  Scottish Parliament Act 2006

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Interests of Members of the Scottish Parliament
Act 2006

• An Act of the Scottish Parliament as required
  by Section 39 of the Scotland Act 1998
• Registration of interests
• Declaration of interests
• Advocacy
• Allows restriction or prevention of participation
  in parliamentary proceedings and creates offences
  for breaches

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Registration of Interests

• REGISTRABLE INTERESTS those that must be
  registered
• Remuneration and related undertakings
• Election expenses
• Sponsorship to value over 1 of Members salary
• Gifts over 1 of Members salary
• Overseas visits
• Heritable property (other than residence)
• Interest in shares
• Subject to prejudice test

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Prejudice test

• An interest meets the prejudice test if, after
  taking into account all the circumstances, that
  interest is reasonably considered to prejudice,
  or to give the appearance of prejudicing, the
  ability of the member to participate in a
  disinterested manner in any proceedings of the
  Parliament.

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Declaration of interests

• A declarable financial interest exists where
• a registrable interest exists, and
• it has been registered.
• Such an interest must be declared orally (in a
  meeting of the Parliament or a Committee, unless
  attending and voting only) or in writing (if
  undertaking any other activity) before the member
  takes part in any Parliamentary proceedings
  relating to that matter.

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Paid Advocacy

• A member must not, by any means, in
  consideration of any payment or benefit in kind
  (which might be considered to benefit the member,
  and, if received by the spouse or partner, to be
  provided in connection with the Parliamentary
  duties of the member)
• Advocate any cause on behalf of any person
• Or urge any other member to do so

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Lobbying

• This dealt with in the Code of Conduct rather
  the 2006 Act.
• Members must not give preferential access to
  those using commercial lobbyists.
• Members should not undertake any paid work which
  would involve them lobbying on behalf of any
  person or organisation.

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Cf. Westminster

• Westminster system not on statutory footing -
  SPSC decisions open to Judicial Review
• SPSC has independent powers to compel witness
  attendance and production of documents
• SPSC does not give advice on standards issues or
  maintain register or deal with allowances issues
• Westminster Code more brief.

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Complaints Process

• Stage 1 is the complaint admissible?
• Relevant
• About conduct of an MSP
• Not excluded complaint
• Must involve potential breach of Code (so must
  relate to conduct of Parliamentary duties)
• Procedurally correct
• e.g. name MSP, identify complainer, not more than
  one year from identifying problem etc.

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Complaints Process

• Stage 1 (continued)
• Of enough substance as to warrant further
  investigation
• N.B. No appeal on decision re admissibility
• only judicial review

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Complaints Process

• Stage 2 did the MSP carry out the conduct
  complained of, and did this mean that the code
  was breached?
• Investigation in private
• Formal powers to compel witnesses and require
  production of documents
• Interviews tape recorded
• Standards Commissioner reports to Standards and
  Public Appointments Committee (Member sees, and
  may comment on, draft of report first)

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Complaints Process

• Stage 3
• Standards and Public Appointments Committee
  consider report
• Not bound by findings
• May recommend sanctions to Parliament (from this
  stage on, process is public)

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Complaints Process

• Stage 4
• Parliament decides on sanctions
• Member can be prevented or restricted from taking
  part in proceedings for a time
• In some circumstances, may be excluded
• Rights and privileges may be withdrawn
• Some breaches are criminal offences fines up to
  5000 (by Courts)

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Complaints data3 Years, April 2003 March 2006

• Complaints received 74
• Admissibility considered 68
• Admissible 16 (24)
• Complainers 65
• MSP complainers 4

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Complaints data3 Years, April 2003 March 2005

• TYPE OF COMPLAINT
• Level and quality of service 37
• Registration/advocacy issues 17
• Confidentiality 14

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Examples of publicised complaint investigations
2004-06

• Jack McConnell complaint of failure to register
  gift and overseas trip in relation to foreign
  holiday (not upheld)
• David McLetchie complaint of paid advocacy (not
  upheld)
• Ken Macintosh complaint of failure to register
  gift (upheld)
• Mike Pringle complaint of leak of committee
  information to media (upheld)