SPPA/S3/09/6/A

STANDARDS, PROCEDURES AND PUBLIC APPOINTMENTS COMMITTEE

AGENDA

6th Meeting, 2009 (Session 3)

Tuesday 28 April 2009

The Committee will meet at 2.15 pm in Committee Room 6.

1. Decision on taking business in private: The Committee will decide whether to take item 5 in private and to consider a draft report on its Hybrid Bills inquiry in private at future meetings.

2. Cross-Party Groups: The Committee will consider applications for recognition from three proposed Cross-Party Groups.

3. Annual report: The Committee will consider a draft annual report for the Parliament year from 9 May 2008 to 8 May 2009.

4. Review of Section 2 of the Code of Conduct (in private): The Committee will receive a briefing.

5. Hybrid Bills inquiry: The Committee will consider written evidence received.

6. Accuracy of contributions in parliamentary proceedings (in private): The Committee will consider a draft report.

Gillian Baxendine/Alison Walker Clerks to the Standards, Procedures and Public Appointments Committee Room TG.01 The Tel: 0131 348 5239 Email: [email protected] SPPA/S3/09/6/A

The papers for this meeting are as follows—

Agenda item 2

Note by the Clerk SPPA/S3/09/6/1

Agenda item 3

Draft annual report SPPA/S3/09/6/2 (P) Agenda item 5

Written evidence SPPA/S3/09/6/3 (P) Note by the Clerk SPPA/S3/09/6/4 (P) Agenda item 6

Draft report SPPA/S3/09/6/5 (P)

SPPA/S3/09/6/1

Standards, Procedures and Public Appointments Committee

6th Meeting, 2009 (Session 3)

Tuesday 28 April 2009

Cross-Party Group applications

Introduction

1. In accordance with the provisions on Cross-Party Groups set out in Section 6 of the Code of Conduct, proposals for the establishment of Cross- Party Groups (CPGs) in the Scottish Parliament must be submitted to the Standards, Procedures and Public Appointments Committee for its approval.

2. The applications due for the Committee’s consideration were submitted prior to the Parliament’s recent approval of a revision to section 6 of the Code of Conduct. Therefore, the Rules referred to in the registration forms relate to the previous version of section 6.

3. The effect and requirements of the Rules are not affected by the recent update. This paper sets out the Rules as they currently stand in section 6.4, as required by section 6.3.1.

4. There are three proposed groups for the Committee’s consideration. None have been active in previous sessions.

Proposed CPG on Scottish Universities

5. The registration form submitted by the proposed Group is attached as Annexe A.

Purpose 6. Rule 1 states that a group “must be Parliamentary in character, and its purpose must be of genuine public interest”. The purpose of this proposed Group is described as—

“To consider and discuss the future of Scottish Universities.”

Membership 7. Rule 2 requires group membership to include at least five MSPs, with each of the parties or groups represented in the Parliamentary Bureau.

8. The MSP membership (by party) of the proposed CPG on Scottish Universities is:

• 2 Scottish Conservative and Unionist Party • 1 Scottish Green Party • 7 Party • 1 Scottish Liberal Democrats • 1

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SPPA/S3/09/6/1

9. Rule 3 entitles groups to contain members from outwith the Parliament, although the overall membership profile should remain Parliamentary in character. To guarantee and maintain the Parliamentary nature of group meetings, Rule 8 requires at least two MSPs (who are registered members of the group) to be present at any meetings.

10. Rule 6 states that only registered group members may vote at any meeting. Clarification on the voting rights of external group members is provided in Volume 3, Section 6.1.3: “Each member is entitled to vote at group meetings, for example, an individual member has the right to vote; an organisation or group has only one vote but is able to send a different representative of the organisation or group to meetings and that person may vote on behalf of that body.”

11. The Committee may wish to note that the proposed group has listed a number of individual external members, with some of those individuals being members of the same organisation. The Committee may wish to seek clarification on whether the individuals listed will attend group meetings in an individual or representational capacity: in the event of more than one individual being present from the same organisation, the Committee may also wish to seek clarification on how the proposed group will conduct any votes.

Office Bearers 12. Rule 4 requires at least two office bearers within a proposed group to be MSPs. This proposed group has identified the following as Co-Conveners:

• Murdo Fraser MSP • MSP • Christopher Harvie MSP • Margaret Smith MSP • Robin Harper MSP

Subscription and Financial Benefits 13. Rule 9 sets out the terms on any subscription charges. The registration form indicates that the proposed group does not charge a subscription for members.

14. Rule 10 requires groups to register any financial or material benefit received by the group from a single source, where the total of that benefit exceeds £500 in any one calendar year. At the time of registration the tariff was £250. The registration form indicates that the proposed group has received no financial or other material benefit.

Proposed CPG on Credit Unions

15. The registration form submitted by the proposed Group is attached as Annexe B.

Purpose 16. The purpose, as required under Rule 1, of this proposed Group is—

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SPPA/S3/09/6/1

“To provide a forum to discuss issues, which involve credit unions in . The CPG will also create a foundation for policy development relating to credit unions and help to form a network of good practice between credit unions and parliamentarians. The CPG may also promote the positive role of credit unions as social enterprises in Scotland.”

Membership 17. MSP membership (by party) of the proposed CPG on Credit Unions, as required under Rule 2 is:

• 2 Scottish Conservative and Unionist Party • 6 Scottish Labour Party • 1 Scottish Liberal Democrats • 2 Scottish National Party

18. The proposed Group has registered five individual external members. Two of these are members of the same organisation (Capital Credit Union).

19. In line with the guidance on voting rights as set out in Volume 3, Section 6.1.3, the Committee may wish to seek clarification on how the proposed Group may conduct any votes at meetings at which the two individuals from the same organisation are present.

Office Bearers 20. Rule 4 requires at least two office bearers within a proposed group to be MSPs. The proposed CPG on Credit Unions has Frank McAveety MSP as its Convener, with three Vice-Conveners: John Wilson MSP; Mary Scanlon MSP and Robert Brown MSP.

Subscription and Financial Benefits 21. Rule 9 sets out the terms on any subscription charges. The registration form indicates that the proposed group does not charge a subscription for members.

22. Rule 10 requires groups to register any financial or material benefit received by the group from a single source, where the total of that benefit exceeds £500 in any one calendar year. At the time of registration the tariff was £250. The registration form indicates that the proposed group has received no financial or other material benefit.

Proposed CPG on Town and City Centre Development

23. The registration form submitted by the proposed Group is attached as Annexe C.

Purpose 24. The full text of the proposed Group’s purpose, as required under Rule 1, is contained within Annexe C. The Committee may wish to consider whether it would be more accessible if the purpose was limited to the final sentence within the proposed Group’s registration form—

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“The aim of the group is to ensure that Scotland’s traditional town/city centres are suitably placed within the economic growth agenda, and are fit for purpose in the future for people to live, work, invest and play in.”

Membership 25. MSP membership (by party) of the proposed CPG on Town and City Centre Development, as required under Rule 2 is:

• 3 Scottish Conservative and Unionist Party • 1 Scottish Green Party • 11 Scottish Labour Party • 3 Scottish Liberal Democrats • 2 Scottish National Party

Office Bearers 26. Rule 4 requires at least two office bearers within a proposed group to be MSPs. The proposed CPG on Town and City Centre Development has MSP as its Convener, with MSP as Vice- Convener.

27. The proposed Group has listed a number of external organisations within its membership. Two of these organisations will provide the secretary and treasurer posts.

Subscription and Financial Benefits 28. Rule 9 sets out the terms on any subscription charges. The registration form indicates that the proposed group has agreed a maximum subscription of £50 per group member per year.

29. The proposed group has not registered any financial or other material benefit at this stage.

Recommendation

30. The Committee is invited to consider whether to accord recognition to the following proposed Cross-Party Groups:

• Scottish Universities • Credit Unions • Town and City Centre Development

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Annexe A

CROSS-PARTY GROUPS IN THE SCOTTISH PARLIAMENT REGISTRATION FORM

1. GROUP NAME Code of Conduct 6.2.2 Groups that have undertaken to comply with the rules on Cross-Party Groups may use the words Cross-Party Group in the Scottish Parliament in their title.

Cross-Party Group in the Scottish Parliament on Scottish Universities

2. GROUP PURPOSE Code of Conduct 6.2.4 and 6.3, Rule 1 A brief statement of the main purpose of the group. Groups are reminded that the Standards Committee will look very carefully at the proposed purpose of a group to satisfy itself that its purpose is Parliamentary in nature and of genuine public interest.

To consider and discuss the future of Scottish Universities

3. GROUP MEMBERS Code of Conduct 6.3, Rules 2, 3, 8, 9 & 10 When listing members, who are MSPs, only the MSP’s name need be given. For members from outwith the Parliament, the name of the member and any employer they represent must be given.

MSPs Non-MSP Individuals Murdo Fraser Dr Brian Lang Rhona Brankin Prof. Robert Cormack, Principal UHI Christopher Harvie Prof. Bernard King, Principal, University of Margaret Smith Abertay Dundee Robin Harper Gill Troup, Deputy Principal of University George Foulkes of the West of Scotland Richard Simpson Prof. Grant Jarvie, Deputy Principal, University of Stirling Claire Baker Prof. Anthony Cohen, Principal, QMU Colin Mackay, Chair, UHI Michael McMahon Ian Percy, Chair, Queen Margaret Elizabeth Smith University Dr Fraser Livingston, Chair, University of Strathclyde University Alistair Mair, Chair, University of Aberdeen Ewan Brown, Chair, University of St Andrews , Parliamentary Liaison, Royal Society of Edinburgh & Royal Society of Chemistry David Caldwell, Director, Universities Scotland Susannah Lane, Universities Scotland David Bleman, Assistant General Secretary, UCU Dr Tony Axon, Policy Officer, UCU SPPA/S3/09/6/1

Simon Jennings, Head of Public Policy and Deputy Director of Planning, University of Edinburgh Stefan Buettner, Scottish Parliament Erin Elvin, NUS Ruth Bush, Heriot-Watt University Students Association David MacLeod, Dundee University Students Association Duncan McKay, Aberdeen University Students Association Mike Wade, The Times Andrew Denholm, The Herald Fiona Macleod, Scotsman Seonag MacKinnon, BBC Russell Gunson, Researcher to Claire Baker MSP Alexandra McCallum, Scottish Conservative PRU researcher Organisations

4. GROUP OFFICERS Code of Conduct 6.3, Rule 4 Please amend titles as necessary e.g. to indicate joint office holders, or preferred titles.

Convener It has been agreed that there should be 5 co-conveners:

Murdo Fraser MSP Rhona Brankin MSP Christopher Harvie MSP Margaret Smith MSP Robin Harper MSP Vice-Convener N/A

Secretary Simon Jennings

Treasurer N/A

SPPA/S3/09/6/1

5. FINANCIAL OR OTHER BENEFITS RECEIVED Code of Conduct 6.4.6 The group must register any financial or other material benefit received by the group from whatever source, where the value of the financial sum or benefit from any single source exceeds £250 in any one calendar year. This includes donations, sponsorship, subscriptions, hospitality, gifts, visits, provision of services or accommodation or staff assistance. The value of use of Parliamentary facilities need not be registered. The details requiring to be registered include a brief description of the benefit, the approximate monetary value, the date on which it was received and the source from which it came. Where a consultancy organisation provides benefits, the client on whose behalf these are provided should be named.

Date Amount Description

6. GROUP SUBSCRIPTION Code of Conduct 6.3, Rule 7 Where a group charges or proposes to charge a subscription, this must be reasonable and the same for all members. The amount of the subscription should be registered and the purposes for which it is intended to use the subscription.

Amount per group member per year

7. GROUP STAFF AS PARLIAMENTARY PASS HOLDERS If a group makes use of staff issued with a Parliamentary pass, any paid activity undertaken by those staff where the employer benefits from the pass holder’s access to the Parliament must be registered. There is no need to state the amount of remuneration. The requirement relates both to staff employed directly by the group and to staff employed by an outside organisation to provide assistance to the group.

Staff name

Title of post

Name and address of employer organisation

Type of employer organisation

8. GROUP CONTACT Code of Conduct 6.4.4 and 6.5.1 – 6.5.5 Please give the full details of an elected official of the group who is an MSP who will be the contact for registration matters for the group. Initially this must be the Member who signs the declaration on compliance with the rules on behalf of the group. If a group subsequently changes the designated contact, the office of the Standards Clerk must be informed within 7 days of the change.

Name Murdo Fraser MSP

SPPA/S3/09/6/1

Parliamentary address Room M2.17

Telephone number 0131 348 5293

Constituency Office telephone number 01738 553990

Annexe B

CROSS-PARTY GROUPS IN THE SCOTTISH PARLIAMENT REGISTRATION FORM

1. GROUP NAME Code of Conduct 6.2.2 Groups that have undertaken to comply with the rules on Cross-Party Groups may use the words Cross-Party Group in the Scottish Parliament in their title.

Cross-Party Group in the Scottish Parliament on Credit Unions

2. GROUP PURPOSE Code of Conduct 6.2.4 and 6.3, Rule 1 A brief statement of the main purpose of the group. Groups are reminded that the Standards Committee will look very carefully at the proposed purpose of a group to satisfy itself that its purpose is Parliamentary in nature and of genuine public interest.

To provide a forum to discuss issues, which involve credit unions in Scotland. The CPG will also create a foundation for policy development relating to credit unions and help to form a network of good practice between credit unions and parliamentarians. The CPG may also promote the positive role of credit unions as social enterprises in Scotland.

3. GROUP MEMBERS Code of Conduct 6.3, Rules 2, 3, 8, 9 & 10 When listing members, who are MSPs, only the MSP’s name need be given. For members from outwith the Parliament, the name of the member and any employer they represent must be given.

MSPs Non-MSP Individuals Frank McAveety Lynn Cunningham (Champions Initiative) Marlene Sheils (Capital Credit Union) Frank McKillop (ABCUL Scottish Policy Officer) Hugh Henry Iain Brotchie (Fleishman Hillard) James Kelly John Cormack (Capital Credit Union Chair) Robert Brown Organisations John Wilson Maureen Watt Derek Brownlee Mary Scanlon 4. GROUP OFFICERS Code of Conduct 6.3, Rule 4 Please amend titles as necessary e.g. to indicate joint office holders, or preferred titles.

Convener Frank McAveety MSP

Vice-Convener John Wilson MSP, Mary Scanlon MSP and Robert Brown MSP SPPA/S3/09/6/1

Secretary Frank McKillop

Treasurer James Kelly MSP

5. FINANCIAL OR OTHER BENEFITS RECEIVED Code of Conduct 6.4.6 The group must register any financial or other material benefit received by the group from whatever source, where the value of the financial sum or benefit from any single source exceeds £250 in any one calendar year. This includes donations, sponsorship, subscriptions, hospitality, gifts, visits, provision of services or accommodation or staff assistance. The value of use of Parliamentary facilities need not be registered. The details requiring to be registered include a brief description of the benefit, the approximate monetary value, the date on which it was received and the source from which it came. Where a consultancy organisation provides benefits, the client on whose behalf these are provided should be named.

Date Amount Description

6. GROUP SUBSCRIPTION Code of Conduct 6.3, Rule 7 Where a group charges or proposes to charge a subscription, this must be reasonable and the same for all members. The amount of the subscription should be registered and the purposes for which it is intended to use the subscription.

Amount per group member per year

7. GROUP STAFF AS PARLIAMENTARY PASS HOLDERS If a group makes use of staff issued with a Parliamentary pass, any paid activity undertaken by those staff where the employer benefits from the pass holder’s access to the Parliament must be registered. There is no need to state the amount of remuneration. The requirement relates both to staff employed directly by the group and to staff employed by an outside organisation to provide assistance to the group.

Staff name

Title of post

Name and address of employer organisation

Type of employer organisation

SPPA/S3/09/6/1

8. GROUP CONTACT Code of Conduct 6.4.4 and 6.5.1 – 6.5.5 Please give the full details of an elected official of the group who is an MSP who will be the contact for registration matters for the group. Initially this must be the Member who signs the declaration on compliance with the rules on behalf of the group. If a group subsequently changes the designated contact, the office of the Standards Clerk must be informed within 7 days of the change.

Name Frank McAveety MSP

Parliamentary address M1.10

Telephone number 0131 348 6325

Constituency Office telephone number 0141 764 0175

SPPA/S3/09/6/1

Annexe C

CROSS-PARTY GROUPS IN THE SCOTTISH PARLIAMENT REGISTRATION FORM

1. GROUP NAME Code of Conduct 6.2.2 Groups that have undertaken to comply with the rules on Cross-Party Groups may use the words Cross-Party Group in the Scottish Parliament in their title.

Cross-Party Group in the Scottish Parliament on Town and City Centre Development

2. GROUP PURPOSE Code of Conduct 6.2.4 and 6.3, Rule 1 A brief statement of the main purpose of the group. Groups are reminded that the Standards Committee will look very carefully at the proposed purpose of a group to satisfy itself that its purpose is Parliamentary in nature and of genuine public interest.

Scotland’s towns/city centres fulfil many functions and have a wide range of stakeholders covering the public and private sector businesses, residents and visitors. They are the hubs of local economic activity, and are recognised as being key to Scotland’s future economic growth within a range of policy documents. Given the significance of these key traditional central urban areas to Scotland’s economy, but with no single organisation responsible for their future success, it is vital that the opportunities and constraints for the growth and economic viability of Scotland’s towns to be given a place on the Scottish political agenda. The Cross Party Group will apply itself to examining the key challenges relating to these central urban areas such as the need: • for the Scottish Parliament to fully discuss the dynamics of Scotland’s traditional town/city centres and work with the key stakeholders to construct appropriate interventions across a range of policy areas pertaining to regeneration and economic growth. • to develop the relationship between the Scottish Parliament and traditional town/city centre stakeholders, to aid the key decision makers responsible for the allocation of public spending undertaken in these geographical hubs, through key policy areas focused on crime, safety, business development, infrastructure, licensing, transport and access etc. • to engage with the public and private sectors to generate a full benefit from Community Planning Frameworks established in Scotland and to ensure a wholly joined up approach to the delivery of actions at a local level. • to have focused education and training strategies in place to supply the growing requirements for skilled employees and long term employment opportunities for the retail, leisure and recreation sectors. • to encourage Scotland’s increasingly diverse population to fully contribute to and take part in the range of activities available within Scotland’s town centres. • to engage with Cross Party groups within other UK locations to develop, communicate and disseminate best practice. The aim of the proposed group is to ensure that Scotland’s traditional town/city centres are suitably placed within the economic growth agenda, and are fit for SPPA/S3/09/6/1 purpose in the future for people to live, work, invest and play in.

3. GROUP MEMBERS Code of Conduct 6.3, Rules 2, 3, 8, 9 & 10 When listing members, who are MSPs, only the MSP’s name need be given. For members from outwith the Parliament, the name of the member and any employer they represent must be given.

MSPs Non-MSP Individuals

Marilyn Livingstone Jackie Baillie Robert Brown Organisations Kenneth Gibson Association of Town Centre Management (Scotland) Patrick Harvie Scottish Retail Consortium (SRC) Paul Martin Scottish Property Federation (SPF) Christina McKelvie Scottish Licensed Trade Association (SLTA) David McLetchie British Council of Shopping Centres (BCSC) Duncan McNeil Scottish Consumers Council Nanette Milne Royal Institute of Chartered Surveyors (RICS) Margaret Mitchell Federation of Small Businesses (FSB) Scottish Chamber of Commerce Keep Scotland Beautiful Royal Town Planning Institute (RTPI) British Entertainment and Dance Association (BEDA) Jeremy Purvis Scottish Urban Regeneration Forum (SURF) Jamie Stone Scottish Association of Farmers Markets (SAFM) Scottish Tourism Forum Scottish Business Crime Centre (SBCC) Economic Development Association Scotland (EDAS) Scottish Small Towns Task Group Skillsmart Retail CoSLA BIDs Scotland Scottish Public Policy Forum 4. GROUP OFFICERS Code of Conduct 6.3, Rule 4 Please amend titles as necessary e.g. to indicate joint office holders, or preferred titles.

Convener Marilyn Livingstone MSP

Vice-Convener Jamie Stone MSP Andy Kennedy, Chair, Association of Town Centre Management (Scotland)

Secretary Sunil Varu, Kirkcaldy Town Centre Management

SPPA/S3/09/6/1

Treasurer Alastair Mitchell, Falkirk and District Town Centres Management Limited

5. FINANCIAL OR OTHER BENEFITS RECEIVED Code of Conduct 6.4.6 The group must register any financial or other material benefit received by the group from whatever source, where the value of the financial sum or benefit from any single source exceeds £250 in any one calendar year. This includes donations, sponsorship, subscriptions, hospitality, gifts, visits, provision of services or accommodation or staff assistance. The value of use of Parliamentary facilities need not be registered. The details requiring to be registered include a brief description of the benefit, the approximate monetary value, the date on which it was received and the source from which it came. Where a consultancy organisation provides benefits, the client on whose behalf these are provided should be named.

Date Amount Description

6. GROUP SUBSCRIPTION Code of Conduct 6.3, Rule 7 Where a group charges or proposes to charge a subscription, this must be reasonable and the same for all members. The amount of the subscription should be registered and the purposes for which it is intended to use the subscription.

Amount per group member per year £50 Max

7. GROUP STAFF AS PARLIAMENTARY PASS HOLDERS If a group makes use of staff issued with a Parliamentary pass, any paid activity undertaken by those staff where the employer benefits from the pass holder’s access to the Parliament must be registered. There is no need to state the amount of remuneration. The requirement relates both to staff employed directly by the group and to staff employed by an outside organisation to provide assistance to the group.

Staff name

Title of post

Name and address of employer organisation

Type of employer organisation

8. GROUP CONTACT Code of Conduct 6.4.4 and 6.5.1 – 6.5.5 Please give the full details of an elected official of the group who is an MSP who will be the contact for registration matters for the group. Initially this must be the Member who signs the declaration on compliance with the rules on behalf of the group. If a group subsequently changes the designated contact, the office of the Standards Clerk must be informed within 7 days of the change.

SPPA/S3/09/6/1

Name Marilyn Livingstone MSP

Parliamentary address Room M3.20, Scottish Parliament, Edinburgh, EH99 1SP

Telephone number 0131 348 5561

Constituency Office telephone number 01592 564 114