SPPA/S3/07/2/A
STANDARDS, PROCEDURES AND PUBLIC APPOINTMENTS COMMITTEE
AGENDA
2nd Meeting, 2007 (Session 3)
Tuesday 30 October 2007
The Committee will meet at 2.15 pm in Committee Room 5.
1. Declaration of interests: Jamie McGrigor MSP will be invited to declare any relevant interests.
2. Cross-Party Groups (Standards): The Committee will consider applications for recognition from five proposed Cross-Party Groups.
3. Elections to the Scottish Parliamentary Corporate Body (Procedures): The Committee will consider its approach to a possible change to Rule 3.7.
4. Points of order (Procedures): The Committee will consider its approach to possible changes to Rule 8.17.
5. Review of Volume 2, Section 8 of the Code of Conduct (Standards): The Committee will consider its approach to a review to Volume 2, Section 8 of the Code of Conduct.
6. Guidance on Cross-Party Groups (Standards): The Committee will consider guidance to be issued to the Conveners of all Cross-Party Groups.
7. Decision on taking business in private: The Committee will consider whether to consider the following items in private: item 8 on its work programme, and at its next meeting, legal advice on report CPA/2007/02 by the Commissioner for Public Appointments in Scotland.
8. Work programme: The Committee will consider a note from the Clerk in relation to its work programme.
Jennifer Smart Clerk to the Standards, Procedures and Public Appointments Committee Room TG.01 Ext 85239 [email protected]
SPPA/S3/07/2/A
The papers for this meeting are as follows:
Agenda Item 2
Note from the Clerk on Cross-Party Group Applications SPPA/S3/07/2/1
Agenda Item 3
Note from the Clerk on Scottish Parliamentary Corporate Body SPPA/S3/07/2/2 Elections
Agenda Item 4
Note from the Clerk on Points of Order SPPA/S3/07/2/3
Agenda Item 5
Note from the Clerk on Section 8 of the Code of Conduct SPPA/S3/07/2/4
Agenda Item 6
Note from the Clerk on Guidance for Cross-Party Group SPPA/S3/07/2/5 Conveners
Agenda Item 8
Note from the Clerk on the Work Programme (Private Paper) SPPA/S3/07/2/6
SPPA/S3/07/2/1
STANDARDS, PROCEDURES AND PUBLIC APPOINTMENTS COMMITTEE
2nd Meeting, Session 3
Tuesday 30 October 2007
Cross-Party Group Applications
Note by the Clerk
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.
Proposed CPG on Alzheimer’s Disease 2. This proposed CPG is a new Group and there are a number of elements of the registration that the Committee may wish to consider. The registration form submitted by the proposed CPG is attached as annexe A to this note.
3. The Rules referred to below are set out in section 6.3 of the Code of Conduct for MSPs (‘the Code’).
Purpose 4. Rule 1 states that a Cross-Party Group “must be Parliamentary in character, and its purpose must be of genuine public interest”. The purpose of the proposed CPG is as follows: “According to Alzheimer Scotland, there are currently more than 60, 000 people living in Scotland who have been diagnosed with Alzheimer’s disease. This figure is projected to increase to between 102, 000 and 114, 000 by 2031. In order that Scotland can prepare for this increase, and in light of our ageing population, the Cross-Party Group wants to act now to ensure that better support, services and treatment are in place to assist this vulnerable group and their carers to manage this condition.”
Membership and Office Bearers 5. Rule 2 requires that a minimum of 5 MSP members of a CPG and that of these at least one member must be from each of the parties or groups represented on the Parliamentary Bureau.
6. The MSP membership (by party) of the proposed CPG is as follows: • 1 Scottish Conservative and Unionist Party • 3 Scottish Labour Party • 1 Scottish Liberal Democrat • 2 Scottish National Party
• 1 Scottish Green Party.
7. The Group meets the requirement of Rule 2 in relation to office bearers. Irene Oldfather MSP is Convener and Margaret Smith MSP is Vice-Convener.
Subscription and Financial Benefits 8. The registration form indicates that the proposed CPG does not charge a subscription for members and that the group is not in receipt of any other financial benefits.
Proposed CPG on Coeliac Disease and DH 9. This proposed CPG is also a new Group and there are a number of elements of the registration that the Committee may wish to consider. The registration form submitted by the proposed CPG is attached as annexe B to this note.
10. The Rules referred to below are set out in section 6.3 of the Code of Conduct for MSPs (‘the Code’).
Purpose 11. Rule 1 states that a Cross-Party Group “must be Parliamentary in character, and its purpose must be of genuine public interest”. The purpose of the proposed CPG is as follows: “The main purposes of the group are: • To raise awareness, and to improve the diagnosis and treatment of Coeliac Disease and Dermatitis Herpetiformis • To improve the quality of life of people living with the condition.”
Membership and Office Bearers 12. Rule 2 requires that a minimum of 5 MSP members of a CPG and that of these at least one member must be from each of the parties or groups represented on the Parliamentary Bureau.
13. The MSP membership (by party) of the proposed CPG is as follows: • 1 Scottish Conservative and Unionist Party • 3 Scottish Labour Party • 1 Scottish Liberal Democrat • 1 Scottish National Party • 1 Independent.
14. The Group meets the requirement of Rule 2 in relation to office bearers; Jim Tolson MSP is Convener and Margo MacDonald MSP is Vice-Convener.
Subscription and Financial Benefits 15. The registration form indicates that the proposed CPG does not charge a subscription for members and that the group is not in receipt of any other financial benefits.
Proposed CPGs on Diabetes, International Development and Sports 16. These proposed CPGs were active in Session 2 but re-registration documentation was not received within the 90 day re-registration set out in Rule 16 of section 6.3. The proposed Groups comply with the MSP membership requirements set out in the Code of Conduct and there are no significant changes to the purposes of the Groups since they were accorded recognition by the previous Committee.
17. The registration forms submitted by these Groups are attached to this paper as annexes C to E.
Recommendation 18. The Committee is invited to consider: • whether to accord recognition to the following proposed Cross-Party Groups in the Scottish Parliament: o Alzheimer’s Disease o Coeliac Disease and DH o Diabetes o International Development o Sports.
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 Alzheimer’s Disease
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.
According to Alzheimer Scotland, there are currently more than 60,000 people living in Scotland who have been diagnosed with Alzheimer’s disease. This figure is projected to increase to between 102,000 and 114,000 by 2031. In order that Scotland can prepare for this increase, and in light of our ageing population, the proposed Cross Party Group wants to act now to ensure that better support, services and treatment are in place to assist this vulnerable group and their carers to manage the condition.
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
Irene Oldfather Kate Fearnley, Alzheimer Scotland Marilyn Livingstone Jim Jackson, Alzheimer Scotland James Kelly Karen Addie, The Royal College of Margaret Smith Psychiatrists Michael Matheson Dr. Gillian McLean, The Royal College of Roseanna Cunninghame Psychiatrists Mary Scanlon Professor June Andrews, Dementia Robin Harper Services Development Centre, Stirling University Liz Norton, Care Commission Susan Brimelow, Care Commission Donny Lyons, Mental Welfare Commission
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 Irene Oldfather MSP
Vice-Convener Margaret Smith MSP
Secretary Kate Fearnley
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
N/A
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 N/A
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 N/A
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 Irene Oldfather MSP
Parliamentary address Room M3.19
Telephone number 0131 348 5769
Constituency Office telephone number 01294 313078
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 Coeliac Disease and DH
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.
The main purposes of the group are • To raise awareness, and to improve the diagnosis and treatments of Coeliac Disease and Dermatitis Herpetiformis • To improve the quality of life of people living with the condition
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
Jim Tolson Yvonne Murray MBE Margo MacDonald Senior Account Executive Nanette Milne The Newton Consultancy Ltd David Whitton Christine Grahame Dr Peter Gillet Richard Baker Consultant Paediatric Gastroenterologist Patricia Fergusson Royal Hospital for Sick Children in Edinburgh
Dr Alan Shand Consultant Gastroenterologist Western General Hospital, Edinburgh
Dr El-Nujumi Consultant Gastroenterologist Wishaw General Hospital
Gordon Banks MP Secretary of APPG on Coeliac Disease in Westminster
Frances Jones Coeliac UK Glasgow Support Group Organiser
Wilma Fraser Coeliac UK Edinburgh Support Group Organiser
Sarah Sleet Chief Executive Coeliac UK
Alison Tolson Researcher/Assistant to Jim Tolson MSP Organisations
N/A
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 Jim Tolson MSP
Vice-Convener Margo MacDonald MSP
Secretary Alison Tolson
Treasurer Yvonne Murray
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
N/A
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 N/A
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 N/A
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 Jim Tolson MSP
Parliamentary address Room M3.14
Telephone number 0131 348 6338
Constituency Office telephone number 01383 841700
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 Diabetes
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 platform for parliamentarians to discuss all issues relating to diabetes; to liaise with those affected by the condition, organisations representing their interests and health workers dealing with diabetes; and to promote good practice and raise specific issues of concern.
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
Karen Whitefield Alan McGinley (Diabetes UK Scotland) David Stewart Audrey Birt (Diabetes UK Scotland) Margaret Mitchell Stephen Fyfe (Diabetes UK Scotland) Cathy Peattie Dr Lubna Kerr (Diabetes UK Scotland) Cathie Craigie Steve Graham (Diabetes UK Scotland) Christine Grahame Jina Nowak (NUS Scotland) Nanette Milne Moira Howie (Lilly) Margaret Smith Joanne Jervis (Roche) Elaine Bailey (Lifescan)
Organisations
Diabetes UK
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 Karen Whitefield MSP Vice-Convener Christine Grahame MSP
Secretary Nanette Milne MSP
Treasurer Alan McGinley
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
N/A
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 N/A
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 N/A
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 Karen Whitefield
Parliamentary address Room M1.08
Telephone number 0131 348 5833
Constituency Office telephone number 01501 822200
ANNEXE D
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 International 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.
Aims: • to ensure liaison between MSP and organisations working in Scotland on international aid and development issues • to raise awareness in Scotland of these issues and to provide a Scottish forum for discussion • to promote stronger links between Scotland and international aid and development agencies Objectives: • to promote development education in Scotland • to provide a forum for engagement with southern countries and those in economic transition on debt relief and the causes and consequences of poverty • to support Scottish organisations working in international aid and development programmes • to facilitate regular visits to Scotland by representatives of the international humanitarian agencies • to engage with minority residents in Scotland and to encourage their involvement in the work of the group
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
Bill Butler Adriano Timossi Patricia Ferguson Alan Rees Iain Gray Alastair Greig Hugh Henry Alex Orr Ken Macintosh Alina Armstrong Jack McConnell Ann Wigglesworth
Des McNulty Bill Donaldson David Stewart Chris Wigglesworth Aileen Campbell Damien Thuau Jamie McGrigor David Stevenson Tavish Scott Eva Christie Patrick Harvie Finlay Moir Francoise Robertson Gerda Siann John Blair-Fish Neil Robertson Otis Orteseh Stuart Hawthorne Susana Lorenzo
Organisations
British Red Council British Red Cross Challenges Worldwide Christian Blind Mission Church of Scotland, Board of World Mission Connections for Development Edinburgh Peace and Justice Resource Centre Executive 21 Global Concerns Trust Interminds Jubilee Scotland L’Arche Mercy Corps NIDOS Oxfam Rotary Save the Children SCIAF UNA Edinburgh UNA Scotland
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 David Stewart MSP
Vice-Convener Aileen Campbell MSP
Vice-Convener Patrick Harvie MSP
Treasurer Des McNulty 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
N/A
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 £5
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 N/A
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 David Stewart MSP
Parliamentary address Room M1.05
Telephone number 0131 348 5766
Constituency Office telephone number 01463 716299
ANNEXE E
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 Sport
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.
1. To encourage the development of sport and sporting opportunities for the people of Scotland 2. To ensure that sport has a high profile in the Scottish Parliament 3. To influence Scottish Government policy 4. To liaise with SportScotland, the governing bodies and other sports organisations in Scotland so that such organisations will be able to keep MSPs informed on matters affecting Scottish sport.
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
Margo MacDonald John Duncan (SportScotland) Michael Matheson Ernie Turpie (SALSCs) Hugh Henry Andrew Watson Frank McAveety Ron Sutherland Jackson Carlaw Alastair Ross (McGrigors Public Policy) Mike Pringle Jonathan Garrat (Scottish Racing) Neil Park (SSA) Graham Watson (Scottish Institute of Sport) Morag Venner (Scottish School Swimming Association) Graeme Downie (Scottish Rugby) Colin Rennie (Fields in Trust)
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 Margo MacDonald MSP
Vice-Convener Michael Matheson MSP
Secretary/Treasurer Peter Warren
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
97/98 c. £1500 Hospitality for CPG meetings
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 N/A
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 N/A
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 Margo MacDonald MSP
Parliamentary address Room M3.21
Telephone number 0131 348 5714
Constituency Office telephone number
SPPA/S3/07/2/2
STANDARDS, PROCEDURES AND PUBLIC APPOINTMENTS COMMITTEE
2nd Meeting, Session 3
Tuesday 30 October 2007
Elections to the Scottish Parliamentary Corporate Body
Note by the Clerk
Introduction 1. This paper: • outlines the procedural issues which were encountered earlier this year following the general election, where provisions had to be made to allow the election of the First Minister to precede the elections to the Scottish Parliamentary Corporate Body (SPCB), as a result of the delay in the formation of a government; and • suggests the possibility of a Rule change to allow greater flexibility in the Rules to accommodate this issue should it occur again in the future.
Background 2. Standing Orders (Rule 3.7.1) currently provide that the elections for the members of the SPCB shall be held no later than 10 sitting days1 after a general election. In terms of the Scotland Act 1998 (section 46), a period of 28 days is allowed for the nomination of a First Minister by the Parliament.
3. Following previous general elections, these timeframes proved to be problematic, as the formation of a government, which tends to take precedence over SPCB elections and usually takes longer than 10 sitting days, meant that the SPCB election might have preceded the selection of the First Minister. This may have caused parties difficulties in establishing their ministerial and shadow ministerial teams. Given that this was considered to be undesirable, the office of the Clerk was closed on a number of what should have been sitting days, and thus were not included in the 10 day period calculation. The most obvious effect of closing the office of the Clerk is that questions and motions cannot be lodged.
4. At its meeting on 2 October 2007, the Standards, Procedures and Public Appointments Committee agreed that its work programme should include consideration of this issue to ascertain whether there could be additional flexibility incorporated into the Rules to allow this situation to be addressed should it occur in the future.
Present position 5. The responsibility for the appointment of sitting days in the period immediately following a general election sits with the Presiding Officer. Following the general election in May 2007, the Presiding Officer appointed the days from 9 – 31 May
1 A sitting day is defined as: “any day when the office of the Clerk is open, but not when the Parliament is in recess or dissolved”. (Rule 2.1.3)
(excluding weekends) as sitting days. To allow the election of the First Minister to be held before the SPCB election, Fridays 11, 18 and 25 May and Mondays 14, 21 and 28 May 2007 were also excluded from the calculation of sitting days by the Presiding Officer.
6. Members may wish to note that to enable the continued operation of the Parliament the members of the SPCB at the time of dissolution prior to a general election remain members until new SPCB elections are held.
Previous consideration 7. The period of time allowed for SPCB elections was considered by the Procedures Committee in Session 1 as part of an inquiry into the process used for SPCB elections. That Committee concluded at that time that no change should be made to the period allowed for the SPCB elections as it was “important to appoint new members to the SPCB without delay to ensure that the SPCB is made up of currently elected Members as quickly as possible.”2
Options for consideration 8. The Committee is invited to consider: • the possibility of a simple Rule change to extend the number of days provided for the election of the SPCB under Rule 3.7; and • in the first instance, seeking views from the Presiding Officer, the Minister for Parliamentary Business, Business Managers and the Chief Executive to inform the Committee on the practicalities of this proposed change.
2 2nd Report 2003 (Session 1), paragraphs 5 – 7
SPPA/S3/07/2/3
STANDARDS, PROCEDURES AND PUBLIC APPOINTMENTS COMMITTEE
2nd Meeting, Session 3
Tuesday 30 October 2007
Points of Order
Note by the Clerk
Background 1. At its awayday on 4 September 2007, the previous Procedures Committee discussed issues for inclusion in its future work programme. One area which was considered was the question of the need for a Rule change to prevent the misuse of Rule 8.17 which provides that members may question whether proper procedures have been followed. It was felt that there may be occasions where the Rule was used to make points for which it was not intended, and there might be merit in considering whether mechanisms could be introduced to prevent such abuse.
2. The Convener subsequently wrote to the Presiding Officer seeking his preliminary views on the matter. In his response (attached at Annexe A), the Presiding Officer indicated that, while supporting the right of any member at any time to query the procedures followed in relation to proceedings, there were concerns that bogus points of order are sometimes used to make debating points that have no relation to Standing Orders.
3. At its meeting on 2 October 2007, the Standards, Procedures and Public Appointments Committee agreed that its work programme should include consideration of this issue, as an early priority. This paper provides an outline of the areas members may wish to take forward in the course of the inquiry.
Current practice 4. Rule 8.17 covers points of order in the Chamber:
“1. A member may in any proceedings question whether proper procedures have been or are being followed by making a point of order.
2. In making a point of order, a member may not speak for more than 3 minutes and may not speak on the question under consideration. Points of order shall take precedence over the question under consideration, the discussion of which shall be suspended while they are being considered.
3. The Presiding Officer shall normally take an immediate decision on any point of order in accordance with these Rules but may exceptionally defer taking a decision. He or she shall announce his or her ruling.”
5. Points of order take precedence over other items of business. The only restrictions, set out in other Rules, are that members may not speak when the Presiding Officer is speaking (Rule 7.3) and that points of order concerning the
validity of a division may be raised only after the voting period has ended (Rule 11.6.4).
6. Members may speak for up to 3 minutes. However, the Rules require that they should not speak on the question under consideration and provide that the point of order must raise the question as to whether proper procedures have been followed.
7. The Presiding Officer is normally expected to give an immediate ruling, but may defer taking a decision and announce the ruling at a later time.
8. Members may wish to note that the Procedures Committee in Session 1 considered the matter - in particular, the possibility of a reduction in time permitted for individual points of order, and agreed that a change to Standing Orders was not appropriate at that time. (Procedures Committee, minute of meeting of 23 October 2001)
Next steps 9. The Committee is invited to consider the following suggestions for further action: • an exercise in comparative research with other Parliaments to inform the Committee further on how points of order are dealt with in other legislatures; • analysis of a sample of separate instances of points of order to assess the proportion of points which actually questioned whether proper procedures had been followed, and the amount of time taken up by them; • inviting the Presiding Officer, Minister for Parliamentary Business, Business Managers and Head of the Chamber Office to provide views to the Committee once the Committee has further information on the analysis of points of order raised; • in due course, to consider whether further action in relation to possible Rule changes is required.
LETTER FROM THE CONVENER TO THE PRESIDING OFFICER
Points of order in the Chamber
At a recent awayday, members of the Procedures Committee considered issues which might be possible topics for Committee inquiries. During discussion, the matter of points of order in the Chamber was raised.
Rule 8.17 provides that a member may question whether proper procedures have been followed. Committee members felt that there might be occasions when this Rule is used to make points for which it is not intended and that there might be merit in considering whether mechanisms might be introduced to prevent this from happening.
Before considering this issue further, I would appreciate your views and experience as to whether this would warrant further action by the Procedures Committee.
Keith Brown MSP, Convener 12 September 2007
RESPONSE FROM THE PRESIDING OFFICER TO THE CONVENER
Thank you for your letter of 12 September. I have discussed the issue of points of order with the Deputy Presiding Officers and this reply reflects our collective views.
I should firstly confirm that we support absolutely the right of any member at any time to query the procedures followed in proceedings of parliament. When used appropriately, this right ensures that Rules are properly applied and enables the Presiding Officers, or Conveners, to provide advice and guidance where doubt exists. However, we do have concern that bogus points of order are sometimes used to make debating points that have no relation to Standing Orders.
It is the intention of the Presiding Officers to continue the practice of our predecessors to limit the potential disruption caused by points of order by requesting that any raised during First Minister’s Question Time are delayed until that business is finished. Members will also be challenged if it seems that their point does not relate to the Rules.
In addition, paragraph 8.17.2 forbids mention of the question under consideration, thereby ruling out of order debating points. We will re-inforce that message when responding to points of order that fall foul of that Rule.
My colleagues and I would of course be happy to assist your committee should it choose to inquire into this issue. One possible area for review could be the time limit allowed for speaking to points of order.
Alex Fergusson MSP Presiding Officer 25 September 2007
SPPA/S3/07/2/4
STANDARDS, PROCEDURES AND PUBLIC APPOINTMENTS COMMITTEE
2nd Meeting, Session 3
Tuesday 30 October 2007
Approach and remit of Section 8 of the Code of Conduct Review
Note by the Senior Assistant Clerk
Purpose
1. This paper invites the Committee to consider a range of issues in relation to the approach and remit of its review of Volume 2, Section 8 (Relationships between MSPs) and the accompanying guidance (Volume 3) of the Code of Conduct.
Background
2. At its meeting on 2 October 2007, the Committee agreed that it wished to conduct a review of Section 8 of the Code of Conduct. The review of Section 8 had been suggested as a potential inquiry by the previous Standards and Public Appointments Committee. In addition concerns have been expressed by members regarding its interpretation.
3. The Presiding Officer has also written to the Committee on this issue and a copy of this correspondence is attached in Annexe A for members’ information.
4. The Committee agreed to conduct an inquiry into Section 8. This paper sets out proposals for the possible conduct of the inquiry.
Remit
5. It is suggested that the remit of the inquiry should address the following:
a) Does the content of Section 8 require to be changed? If so, why?
This question should allow the Committee to explore the effectiveness of Section 8.
b) If changes are required, what aspects of Section 8 require to be changed and how?
This question should allow the Committee to explore whether particular aspects of Section 8 require changing as well as enabling the Committee to identify how changes could be made to provide better clarity for the users of this Section.
6. Members are invited to consider whether to agree this remit.
Methods of evidence gathering
Section 8 Review 7. Section 8 covers a wide range of aspects of members conduct. Should the Committee agree to seek written evidence from interested parties then there may be merit in focussing responses on key aspects of this Section where members are aware that issues have arisen.
8. Annexe B therefore contains suggested questions which the Committee may wish to consider and agree to include in any invitations to provide written responses.
9. The questions are divided into two groups – the first group of questions relate to those aspects of Section 8 which members of the public consider when determining whether to complain about the level of service or performance of MSPs. Questions in the second group relate to those aspects of Section 8 which determine the way in which MSPs work with each other and Ministers when in their constituencies.
10. Given Section 8 of the Code of Conduct relates to the conduct of members of the Scottish Parliament and some aspects of Ministerial work the Committee may wish to consider seeking responses to the questions contained in Annexe B from: • The Presiding Officer • The Minister for Parliamentary Business • Business Managers • Members
Level of service and/or performance of MSPs 11. The Committee is invited to consider whether there is merit in seeking written evidence via an open call for evidence on all aspects of the review of Section 8.
12. The Committee may consider that there is some benefit in focussing any open call for evidence on those aspects of Section 8 which are of direct relevance to members of the public when they are considering submitting a complaint. Annexe C to this paper therefore contains a proposed open call for evidence which seeks responses on the first group of questions.
13. The Committee is invited to consider the draft open call for evidence contained in Annexe C and agree its content.
14. There are a number of interest groups or organisations whose work relates to aspects of public confidence in the democratic process which the Committee may wish to approach directly for written responses to the first group of questions. These groups or organisations are: • The Electoral Commission; • The Institute of Governance, University of Edinburgh;
• Transparency International (UK) • Institute for Global Ethics UK Trust • Hansard Society • The Power Commission
15. In addition given their role in considering complaints from the public the Committee may agree that there is also merit in seeking written responses to the first group of questions from: • The Scottish Parliamentary Standards Commissioner; • The Scottish Public Services Ombudsman.
16. The Committee may wish to consider whether to request a briefing paper from SPICe on the use, or otherwise of ethical standards and/ grounds for complaint in relation to the service level or performance of elected members in UK and international devolved Assemblies or Parliaments.
Timetable
Section 8 Review 17. In relation to written evidence on all aspects of Section 8 members may consider agreeing a shorter timescale than that for seeking the views of the public and various interest groups. Based on a launch date of 31 October 2007, it is proposed that the following timescales for response be considered. Also indicated in the table below is the Committee meeting date at which it is anticipated that the Committee would consider any received written evidence.
18. These timescales would then also enable the Committee to consider and agree (at meetings on 15 January 2008 and in February 2008) which witnesses it wishes to invite to give oral evidence at Committee meetings in March 2008.
Table 1: Written evidence submission deadlines and Committee consideration dates
Response from Inquiry Deadline for Committee meeting date Questions written for considering written evidence responses receipt SPCe Briefing paper Group 1 28 November 11 December 2007 The Presiding Officer Group 1 12 December 15 January 2008 The Minister for and 2 (6 weeks) Parliamentary Business Business Managers Members Open Call for evidence Group 1 9 January February 2007 2007 (10 weeks)
Table 1 cont… Response from Inquiry Deadline for Committee meeting date Questions written for considering written evidence responses receipt The Electoral Commission; Group 1 9 January February 2007 The Institute of 2007 (10 Governance, University of weeks) Edinburgh; Transparency International (UK) Institute for Global Ethics UK Trust Hansard Society The Power Commission The Scottish Parliamentary Standards Commissioner; The Scottish Public Services Ombudsman.
19. It is anticipated that all written and oral evidence gathering will have been completed by the end of March enabling the Committee to consider its draft report after the April recess.
Conclusion
20. The Committee is invited to— a) agree the remit of its Section 8, Code of Conduct review (paragraph 5); b) agree the questions to be issued for response (Annexe B); c) consider whether there are any other key stakeholders to target for written evidence for the Section 8 Review (paragraphs 10, 14 and 15); d) agree to issue a call for written evidence (Annexe C) e) agree to seek a briefing paper from SPICe (paragraph 16); f) agree the deadlines proposed for seeking written responses (Table 1).
Annexe A
LETTER FROM THE PRESIDING OFFICER TO THE CONVENER
I am writing to you in your capacity as Convener of the Standards and Public Appointments Committee.
Section 8, Volume 2 of the new edition of the Code of Conduct provides guidance on relationships between MSPs founded on five key principles contained in Annex 5 of the previous Code. The Session 2 Standards Committee intended that this section should also provide for complaints from constituents about the level and/or quality of representation they receive from constituency or regional MSPs and that such complaints should be referred to the Presiding Officer for consideration in the first instance1. If the complaint cannot be resolved informally through contact with the member involved, it would seem that under paragraph 8.12.1 the next course of action would be for me to refer it to the Standards Committee.
I understand that your committee is due to consider this issue and I look forward to the outcome of your deliberations. In the meantime, I would expect that most complaints of this nature will arrive at your committee’s door in the event of informal approaches failing to achieve a resolution.
Alex Fergusson MSP, Presiding Officer 12 September 2007
1 Official report Column 649, 27 February 2007, Standards and Public Appointments Committee
Annexe B
Standards, Procedures and Public Appointments Committee – Review of Section 8 of the Code of Conduct (titled ‘Relationships between MSPs’).
Group 1: Members and the Public
1. Should constituents be able to complain about the level of service or performance of their MSP? and if so, why?
2. What aspects of Members constituency work should the public be able to complain about?
3. What, if any, standards should apply to the level of service provided by MSPs?
4. Whose wishes should take precedence in relation to case work – the wishes of the constituent or the MSP and why?
5. What information must be provided by complainants before the Presiding Officer can consider a complaint (e.g. name and address, be made in writing, set out the facts relevant to the conduct being complained about)?
Group 2: Relationships between MSPs and Ministers
6. When approached to take on a case, what communication, if any, should take place between constituency and regional members?
7. On what basis should a member of the public be considered a member’s constituent (e.g. permanent resident, temporary resident such as prisoner?)
8. How, if at all, should the activities of regional member be assessed as being regional in nature?
9. Should Ministers notify local members when visiting constituencies or regional areas?
ANNEXE C
Standards, Procedures and Public Appointments Committee
Review of Section 8 of the Code of Conduct – Members and the Public
Introduction
The Standards, Procedures and Public Appointments (SPPA) Committee is to undertake a review of Section 8 of the Code of Conduct and has agreed that it wishes to seek written responses from interested parties in relation to its remit for the inquiry.
Key questions to be considered by the Committee are:
• Should constituents be able to complain about the level of service or performance of their MSP? and if so, why?
• What aspects of Members constituency work should the public be able to complain about?
• What, if any, standards should apply to the level of service provided by MSPs?
• Whose wishes should take precedence in relation to case work – the wishes of the constituent or the MSP and why?
• What information must be provided by complainants before the Presiding Officer can consider a complaint (e.g name and address, be made in writing, set out the facts relevant to the conduct being complained about)?
Once written evidence has been gathered and considered the Committee will consider and agree oral evidence witnesses. It is anticipated that oral evidence will be taken at Committee meetings in March 2008.
The Committee intends to conclude matters with the publication of it’s report no later than June 2008.
How to submit written evidence
Please use the specific questions as the basis for your submission. You may wish to respond to any or all of the specific questions. Evidence should be reasonably brief and typewritten (normally no more than 4 sides of A4 in total).
The deadline for receipt of written submissions is Wednesday 9 January 2007. Owing to the timescale required for the processing and analysis of evidence, late submissions will only be accepted with the advance agreement of the Convener.
The Committee prefers to receive written submissions electronically. These should be sent to:
You may also make hard copy written submissions to:
Standards, Procedures and Public Appointments Committee Room TG.01 Scottish Parliament Holyrood Edinburgh EH99 1SP
Before you submit evidence, please ensure that you have read our policy for handling information received in response to calls for evidence (pdf 15kb). All evidence received may be published by the Parliament and will be treated as a public document unless indicated. All submissions will be made available to the Committee.
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Contact: For specific information on the inquiry, please contact Catherine Fergusson, Assistant Clerk to the Committee, on 0131 348 5179 or email [email protected]
SPPA/S3/07/2/5
STANDARDS, PROCEDURES AND PUBLIC APPOINTMENTS COMMITTEE
2nd Meeting, Session 3
Tuesday 30 October 2007
Cross-Party Group Guidance
Note by the Clerk
Introduction 1. At its meeting on 2 October 2007, the Committee agreed to consider guidance to be issued to the Conveners of all Cross-Party Groups (CPGs) highlighting key aspects of the operation of CPGs.
2. This purpose of this note is to set out the areas of guidance which the Committee may wish to draw to the attention of CPG Conveners in relation to the responsibilities of the role.
3. Additionally, the paper will also set out the services that are provided to CPGs by the clerks to the Standards, Procedures and Public Appointments Committee.
Key rules to note 4. The following sets out some of the key points that the Committee may wish to draw to the attention of CPG Conveners. Points of reference are provided for information and would also be included in the guidance when it is issued.
Group Officer Bearers
• CPGs must elect office bearers every 12 months. At least 2 of the office bearers must be MSPs and one of the MSPs must be the Convener (section 6.3, rule 4). • Elections (whether held electronically or at a CPG meeting) must be notified, via the Cross-Party Bulletin at least 10 calendar days in advance of being held (section 6.3, rule 4).
Meetings
• Meetings must be notified at least 7 calendar days in advance of the meeting (section 6.3, rule 9). • Meetings must be open to the public (section 6.3, rule 9). • At least 2 MSP members must be in attendance at a formal CPG meeting (section 6.3, rule 10)
Registration
• Any changes to membership of the CPG must be notified by an MSP who is an elected officer of the Group (section 6.4.4).
Compliance with Code
• An MSP who is an elected officer of a CPG must sign a declaration to confirm that the CPG is constituted and will operate in compliance with the rules on Cross-Party Groups (section 6.5.1). • Although all MSP members of a CPG have a responsibility to ensure that the CPG is working in compliance with the rules, the primary responsibility rests with the signatory of the declaration (section 6.5.2) • Failure to comply with the rules on CPGs could result in withdrawal of recognition or sanctions being imposed on an individual member (section 6.6.1).
Titles and Status of CPGs
5. Rule 6.2.2 of the Code of Conduct states that only groups accorded recognition by the Committee are allowed to use the title Cross-Party Group in the Scottish Parliament. The Committee may wish to consider whether to advise CPG Conveners that CPGs should use only this form of words in their title to help ensure that no confusion arises for stakeholders and the public about the nature and status of CPGs.
6. The Committee may also wish to include in the guidance references to paragraphs 6.1 and 6.2 of volume 3 of the Code of Conduct. These paragraphs set out information about the status of CPGs, for example, that CPGs are discussion groups formed by MSPs for MSPs and that the views and decisions of CPGs are not binding on or endorsed by the Parliament.
Registrable Interests and Lobbying 7. The Committee may also wish to remind CPG Conveners of other sections of the Code of Conduct that should be considered by MSPs undertaking CPG activities, particularly regarding the registration of interests and section 5 of the Code of Conduct in relation to lobbying.
Services provided to CPGs 8. Rule 12 of the Code of Conduct provides that CPGs may not draw on the resources of Parliamentary Clerks to service meetings, other than to meet the requirements of the Code of Conduct or where expressly permitted by the rules on CPGs. In relation to the Clerks to the Standards, Procedures and Public Appointments Committee, the services to be provided to MSPs are: • Guidance on general issues relating to the regulation of Cross-Party Groups • Maintenance of the Register of Cross-Party Groups (in hard copy and on the website) • Updating individual CPG pages with meeting information, including minutes and agendas (but no other papers), and publish links to external webpages, if requested by CPG Convener.
Recommendations 9. The Committee is invited to consider issuing guidance to CPG conveners under the following headings: • Office Bearers • Meetings • Registration • Compliance • CPG Titles • Registrable Interests and Lobbying
10. The Committee is also invited to consider whether to draw the attention of CPG Conveners to the guidance on the use of the Scottish Parliament logo.
11. Finally, the Committee is asked to consider whether approval of the letter and guidance to be issued should be delegated to the Convener.