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STANDARDS AND PUBLIC APPOINTMENTS COMMITTEE

AGENDA

5th Meeting, 2006 (Session 2)

Tuesday 23 May 2006

The Committee will meet at 11.00 am in Committee Room 5.

1. Cross-Party Group on Renewable Energy: The Committee will consider a request from the Cross-Party Group in the Scottish Parliament on Renewable Energy to revise its title and remit.

2. Petition 951: The Committee will consider a petition by Walter Dean calling on the Scottish Parliament to ensure higher parliamentary standards by (a) amending the Scottish Parliamentary Standards Commissioner Act 2002 to put in place an appeal mechanism for complainants whose complaints to the Commissioner have been rejected; (b) providing adequate resources for the Standards Commissioner to carry out these functions properly; and (c) amending the Freedom of Information (Scotland) Act 2002 to ensure that the Standards Commissioner is subject to its provisions.

3. Review of the Code of Conduct for MSPs: The Committee will consider discussion papers on section 8 and Annexe 6 of the Code of Conduct for MSPs.

Jennifer Smart Clerk to the Committee Room TG.01 Ext: 85239 email: [email protected]

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The following papers are attached for this meeting:

Agenda item 1 - Cross-Party Group on Renewable Energy

Note by the clerks ST/S2/06/5/1 Letter from Robin Harper MSP ST/S2/06/5/1a Registration Form – June 2003 ST/S2/06/5/1b

Agenda item 2 - Petition 951

Note by the clerks (includes the petition and electronic signatures) ST/S2/06/5/2

Agenda item 3 - Review of the Code of Conduct for MSPs

Section 8: Note by the clerks ST/S2/06/5/3 Extract from the Code of Conduct for MSPs – section 8 ST/S2/06/5/3a Alphabetical list of cross-party groups in the Scottish Parliament ST/S2/06/5/3b

Annexe 6: Note by the clerks ST/S2/06/5/3c Extract from the Code of Conduct for MSPs – Annexe 6 ST/S2/06/5/3d

The following papers are attached for information:

Minutes of the last meeting ST/S2/06/4/M

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STANDARDS AND PUBLIC APPOINTMENTS COMMITTEE

CROSS-PARTY GROUP – AMENDMENT TO REMIT

1. A copy of a letter from Robin Harper MSP, Convener of the Cross-Party Group on Renewable Energy, is attached.

2. Mr Harper wishes to extend the remit of the Cross-Party Group (CPG) to include energy efficiency.

3. Also attached is the Group’s registration form which was submitted to the clerks on 17 June 2003 to re-register the CPG in Session 2. The original registration form for approval by the Standards Committee was considered at its meeting on 5 April 2000 when the Committee agreed to accord recognition.

4. Members will note that in accordance with section 8 of the Code of Conduct (Regulation of Cross-Party Groups), proposals to establish Cross-Party Groups must be submitted to the Standards and Public Appointments Committee. Whilst the rules are silent on the amendment of a Group’s title and purpose, Members may consider it appropriate for the Committee to approve changes to a Group’s original purpose.

5. When a proposed CPG applies for recognition, the Standards and Public Appointments Committee pays “particular attention to the information provided about the group’s purpose” (paragraph 8.2.5, Code of Conduct for Members of the Scottish Parliament). This purpose (or remit) provides part of the basis for the Committee's approval or rejection of a proposed CPG. Therefore changes made without the agreement of the Committee mean that the CPG is not the same as that to which the Committee agreed to accord recognition.

6. Members are invited to consider Mr Harper’s request to amend the purpose of the Cross-Party Group on Renewable Energy.

STANDARDS CLERKS MAY 2006

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STANDARDS AND PUBLIC APPOINTMENTS COMMITTEE

CROSS-PARTY GROUP – AMENDMENT TO REMIT: LETTER FROM ROBIN HARPER MSP

Clerk to the Standards Committee Scottish Parliament Edinburgh EH99 1SP

Dear Clerk to the Standards Committee

Cross Party Group on Renewable Energy (SPREG)

At the annual general meeting on 7 February 2006, the cross party group on renewable energy (Scottish Parliament Renewable Energy Group – SPREG) considered a proposal to amend its purpose so that subject of energy efficiency is included.

Introduction The Scottish Parliament Cross Party Group on Renewable Energy - or SPREG as it is more commonly known - has existed since 2000 to promote debate and discussion on renewable energy in Scotland.

Across this time it has been an active group with a wide-ranging membership. The membership is now over 300 and includes 16 MSPs, as well as a large number of other parliamentary staff.

In its time SPREG has debated and discussed a wide range of topics relating to renewables and wider energy matters. A key driver for SPREG is how renewable energy can support action on climate change, while also contributing to Scotland’s economy.

An issue often discussed alongside renewable energy is that of energy efficiency. This often crops up within debates. While renewable energy and energy efficiency might be seen as two sides of the same coin, focus within the group has therefore tended to focus on the energy generation side.

However, there is not currently a Cross Party Group on energy efficiency, despite its importance and despite the large interest amongst MSPs in the benefits of energy efficiency and problems linked with energy inefficiency such as fuel poverty.

Proposal To ensure that the Scottish Parliament has sufficient opportunity to discuss energy efficiency outside of parliamentary debates and outside of Committee work, it was proposed that SPREG change its objectives to include renewable and energy efficiency. ST/S2/06/5/1a

Such a change would mirror the work of the Cross Party Groups at Westminster and the National Assembly of Wales where there are groups that look at sustainable energy – i.e. renewable energy and energy efficiency combined.

In future, a meeting schedule would be put together to ensure a regular programme of discussion sessions on key energy efficiency and renewable energy topics, with the intention that a minimum of three meetings on each issue be held in each parliamentary year.

Revising the Purpose of SPREG

The current purpose of the Group is to:

“To bring together Members of the Scottish Parliament and others with an interest in renewable energy in Scotland. The group will meet to ensure an exchange of information between Members of the Parliament, industry, NGOs and other interested parties. This may take place through presentations, debates, newsletters and production of reports.”

It was proposed that this be amended as follows:

“To bring together Members of the Scottish Parliament and others with an interest in renewable energy and energy efficiency in Scotland. The group will meet to ensure an exchange of information between Members of the Parliament, industry, NGOs and other interested parties. This may take place through presentations, debates, newsletters and production of reports.”

The annual general meeting on 7 February agreed the proposals as outlined above.

Revising the Group Name It was agreed that the current name of the “Scottish Parliament Cross Party Group on Renewable Energy” be renamed the “Scottish Parliament Cross Party Group on Renewable Energy and Energy Efficiency”.

It was agreed that the name SPREG, which is the less formal name of the group (Scottish Parliament Renewable Energy Group), be retained, but that in future it be a reference to the Scottish Parliament Renewable energy & Energy efficiency Group.

Elected members of the group Previously SPREG had an elected vice-convenor and four co-convenors from the MSP members. In addition it also has had an elected Secretary and elected Treasurer: both these posts can be filled from the wider membership.

There were no changes made to the role of MSPs as vice convener and co- conveners. It was agreed that the elected post of Secretary be revised to ST/S2/06/5/1a elect two Secretaries, one to work on administering meetings on renewable energy and one to administer meetings on energy efficiency.

I have attached a declaration relating to the revised nature of the cross party group and request that the Standards Committee consider this revision at its earliest convenience.

Yours sincerely

Robin Harper MSP Vice-Convener, Scottish Parliament Renewable Energy & Energy Efficiency Group May 2006

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Declaration on revision of a Cross-Party Group

I declare that Cross-Party Group in the Scottish Parliament on Renewable Energy & Energy Efficiency is constituted in accordance with the Rules on Cross-Party Groups in the Scottish Parliament set out below, and that in its operation the group will comply with the Rules:

The group must be Parliamentary in character, and its purpose must be of genuine public interest.

The group’s membership must be open to all Members of the Parliament and must include at least 5 MSPs of which at least one Member must be from each of the parties or groups represented in the Parliamentary Bureau. In circumstances where the Standards Committee considers it is merited in relation to a particular group, this rule may be modified or waived.

The group may contain members from outwith the Parliament, but the overall membership profile of the group must remain clearly Parliamentary in character, with attendance at group meetings compliant with rule 10 below.

The group must elect its officers within 30 days of its first meeting and every 12 months subsequently. At least two of the elected officers, one of whom must be the convener, must be Members of the Parliament. Elections for office bearers must be announced at least ten days in advance in the Cross-Party Group Bulletin (for information on using the Bulletin, contact the office of the Webmaster). The announcement must be made and the elections must take place when the Parliament is sitting.

The group must comply with the requirements on the registration of Cross-Party Groups detailed below.

The group must submit a declaration on compliance with the rules as detailed below.

Where members are charged a subscription e.g. to cover administrative costs, the cost to all members must be the same and must be reasonable.

Any Member of the Parliament may attend and speak at any meeting (including the Annual General Meeting) of a group, but only registered members may vote at any meeting. Where a group has registered members from outwith the Parliament, those members may attend, speak and vote at any meeting. But where members are charged a subscription, a group may decide that voting rights may be restricted to those members (MSPs or others) who are paid-up members of the group.

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Cross-Party Group meetings must be held in public. Meetings of the group must be announced in the Cross-Party Group Bulletin at least one calendar week before the meeting takes place. Members of the public, who are not registered members of the group, may be invited to speak but may not vote at any meeting.

To maintain and guarantee the Parliamentary nature of the occasion, at least two Members of the Parliament, both members of the group, should be present at every meeting.

Cross-Party Groups may use, subject to availability, the meeting rooms of the Parliament and any members from outwith the Parliament may use, in connection with Cross-Party Group meetings, the restaurant and other facilities normally available to visitors as guests of an MSP and under the same conditions. Groups must observe the rules for the booking of rooms (for information about booking of rooms, please contact the Facilities Helpdesk).

Cross-Party Groups must respect the limitations on the use of Parliamentary facilities:

MSPs, but not other members of Cross-Party Groups, may make reasonable use of the Parliament’s telephone, fax, e-mail system and photocopying facilities in pursuit of Cross-Party Group business or where expressly permitted by these rules e.g. use of the Cross-Party Group Bulletin. Groups may not otherwise use the Parliament’s telephone, fax, photocopying and IT facilities other than where these are available for public use.

Groups may not make use of Parliamentary stationery or free postage facilities provided by the Parliament.

Groups may not make use of the Parliament’s audio or broadcasting equipment and there is no provision for the televising or sound recording of their proceedings.

Groups may not draw on the resources of the Parliamentary Clerks or the Official Report or other Parliamentary staff to service meetings except in fulfilment of the requirements of these rules or where expressly permitted by them, e.g. in order to book meeting rooms.

MSPs who are members of a Cross-Party Group may use the services of the Parliament's Information Centre to brief themselves on matters relating to that Group, but other members of the Group may not.

Cross-Party Groups must conform with such other rules as may be laid down from time to time by the Standards Committee, the Parliament or the Scottish Parliamentary Corporate Body. Conveners of groups will be informed in advance of any amendments to the rules on Cross-Party Groups.

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Cross-Party Groups will cease to be recognised 90 days after the first meeting of the new Parliament after a General Scottish Parliamentary Election, whether ordinary or extraordinary, unless a fresh registration is made within that period.

Failure to comply with or contravention of these rules may result in a group’s loss of recognition as a Cross-Party Group and loss of access by the group to the Parliament’s facilities and any privileges generally accorded to recognised Cross- Party Groups. Such failure could also lead to penalties being imposed on a Member by the Parliament.

Signed: ……………………………………………………………………………

Name:……ROBIN HARPER MSP, Vice-Convener.…………………………

Date:………………………………………………………………………………

This declaration must be signed by an elected officer of the group who is a Member of the Parliament. This Member will be held primarily responsible for ensuring that the rules, including the rules on registration, are complied with by the group.

Office-Bearers of SPREG (2006-07)

Vice- Convener Robin Harper MSP

Co-Conveners Sarah Boyack MSP Richard Lochhead MSP Nora Radcliffe MSP John Scott MSP

Victoria Wiltshire - Secretary (Energy Efficiency) Scottish Parliament Renewable Energy & Energy Efficiency Group - www.spreg.org c/o Energy Saving Trust, 112/2 Commercial Street, Edinburgh, EH6 6DD DD: 0131 555 7905 – Swi: 0131 555 7900 – Fax: 0131 0131 555 7919 – Mob: 07801 036528 Email: [email protected]

Grant Thoms - Secretary (Renewable Energy) Scottish Parliament Renewable Energy & Energy Efficiency Group - www.spreg.org c/o SRF, Suite 46, Central Chambers, Hope Street, Glasgow, G2 6LD DD: 0141 222 7924 - Swi: 0141 222 7920 - Fax: 0141 222 7929 - Mob: 07980 223 938 Email: [email protected]

Maf Smith - Treasurer Scottish Parliament Renewable Energy & Energy Efficiency Group - www.spreg.org c/o SRF, Suite 46, Central Chambers, Hope Street, Glasgow, G2 6LD DD: 0141 222 7922 - Swi: 0141 222 7920 - Fax: 0141 222 7929 - Mob: 07818 075 600 Email: [email protected]

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CROSS-PARTY GROUPS IN THE SCOTTISH PARLIAMENT

REGISTRATION FORM – RG1

1. GROUP NAME Code of Conduct 8.5.6 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.

Renewable Energy Group

2. GROUP PURPOSE Code of Conduct 8.2.5 and 8.3, 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 bring together Members of the Scottish Parliament and others with an interest in renewable energy in Scotland. The group will meet to ensure an exchange of information between Members of the Parliament, industry, NGOs and other interested parties. This may take place through presentations, debates, newsletters and production of reports.

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3. GROUP MEMBERS Code of Conduct 8.3, 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-MSPs Individuals Shiona Baird Sarah Boyack Parliament – NON MSP members: Bruce Crawford Steve Burgess, Scottish Green Party Lord James Douglas-Hamilton MSPs Phil Gallie Stewart Campbell Robin Harper Douglas Chapman, office of Bruce Sylvia Jackson Crawford George Lyon George Coltart Maureen Macmillan Alistair Easton, Parliamentary Assistant to Nanette Milne Jim Wallace and Tavish Scott Cathy Peattie Michael Haseler Jeremy Purvis Jamie Hepburn, researcher to Alex Neil Nora Radcliffe Karen Hilton, PA to George Lyon Mark Ruskell Kevin Hutchens (Community Development John Scott Officer – Learning Disabilities) Murray Tosh Alison Johnstone, office of Robin Harper Rob Maxtone Graham Graham Moonie, office of Christine May Andy Macpherson, researcher with the Scottish Green Party Ben Murray, Policy Officer, Scottish Green Party MSPs Hugh Raven

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3. GROUP MEMBERS Code of Conduct 8.3, 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.

Individuals Individuals Alan Alexander George Lindsay Helen Ansell Susan MacKinnon Rahul Athavale Mr Colin N Maclean Mr Julian Bowman Mr Kevin Macleod Iain Bruce Stuart McAleese Laura Burnett Stuart McAleese Justin Busbridge Emma McColm Helio Bustamante Neil McDonald Dr. Isobel R. Card Mr John R. McMyn Ms Alison Chapman Kerry Millar Andrew Cochran Elaine Morrison George Coltart Emily Munn Fiona Cowan Mr. A.R. Nelson Brian Davison Ms Lynne Noble David Dunlop Ian Ody Ms Angela Falconer Stuart Oliphant Jason Farrell Bob Pass John Fuller Adrienne Patterson Lesley Gallagher Mr Gerry Peet Hugh Gordon Gordon Raitt Robert Grant Mr Martin Reid Ms Alison Grave Pete Roche Mrs Karen Gregory Ewan Ross David Griffiths Laurence Samuel Uwe H. Hansen Graham Scott Michael Haseler Neil Shankland Seamus Hegarty Mr Malcolm Slesser William Heron Alan Sparling Mr Thomas Hogg Ms Christine Stark Neil Hollow Mohamed Suliman Jim Hunter John Taylor James Hutton Mr John Taylor Annabel Iglehart William Taylor Dr David C. Ingham Brian Thomas Ms Dawn Jones Harry Valentine Francis Kiernan Stephen Kinnaird

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3. GROUP MEMBERS Code of Conduct 8.3, 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.

Organisations Organisations

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3G Energi Cadogan Consultants Aberdeen City Council Caithness Renewable Energy Forum (CREF) Aberdeen Renewable Energy Group Caledonian Renewables Aberdeenshire Council Camcal Limited Action Renewables Campbell Palmer Partnership ACTS Partnership Carbon Trust AES Ltd Carl Bro Group Air Products Castlecraig Farms Airtricity Castlemilk & Carmunnock Community AJ Telfer & Co Windfarm Alfred McAlpine Business Services CavernPower ALI Energy Christie Griffith All-Energy City of Edinburgh Council Allied Irish Banks plc Comhairle Nan Eilean Siar AMEC Community Windpower Ltd AMEC Wind Energy Compro PR Amulree and Strathbraan Wind farm Action Concerned Environmentalists Group Connecti Limited Aqua Energy Corbenic Camphill Community Aquamarine Power Craig Doogan Aquatera Crown House Technologies Ardverikie Estate Ltd CS. Design Argyll & Bute Energy Agency Cuan Consultancy Services Argyll, Lomond & the Islands Energy DataCapture Agency David Hendry Developments Aros Development Ltd Davidson Associates Artemis IP Ltd Delta Energy & Environment ArupEnergy Department of Trade & Industry Association of Electricity Producers Det Norske Veritas Atkins Power Development Trusts Association Scotland Atlantic Energy DLA Piper Rudnick Gray Cary UK LLP Avayl Engineering Consultancy Drumnoth BAE Systems Dulas Ltd Baillie Wind Farm Dundee Energy Recycling Limited Balfour Kilpatrick E.ON UK plc Barclays Bank Easy Heat Systems Barton Willmore Ecogen Projects Limited Berwickshire Housing Association Econnect Bidwells Property Consultants ecsc Biggart Baillie Electronics Scotland BMT Cordah Limited EnergieKontor Bond Pearce Energy & Utility Skills Ltd Boyds Solicitors Energy Agency - South West Scotland Braeside Communication Services Energy for Sustainable Development Ltd BRE Scotland (ESD) British Energy Renewables Energy International Systems Ltd British Geological Survey Energy Saving Trust Scotland British Hydropower Association energywatch Scotland British Red Cross Engineered Solutions British Wind Energy Association Eno & Swales Brodies LLP Entec UK Ltd BruceSpeed - Riverside Contracts Environ UK Ltd Brumac Wind Systems Ltd Environmental Dynamics Buccleuch BioEnergy Environmental Resources Management Budge PR

Burness Solicitors Burns Barter

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Environmentally Sustainable Systems Ltd Greystonelea Developments Enviros Grünhaus Project ERT Scotland Hainsford Energy European Marine Energy Centre (EMEC) Halcion Limited Eurus Energy UK Ltd Halcrow Group Ltd Everwarm Services Ltd - North Hamburg Messe und Congress Exel Hammond Suddard Edge Fairwind Orkney Ltd Harper Macleod LLP Farm Energy Ltd Heriot-Watt University Fichtner Consulting Engineers Ltd Highland Alternative Energy FiM Services Highland Light & Power Ltd. Fiona McGregor (CL) Ltd Highland Wood Energy Limited Fleishman Hillard Highlands & Islands Community Energy Force 9 Energy Company Forest Enterprise Highlands & Islands Enterprise Forestry and Timber Association Holyrood Communications Ltd Fortis Bank HOSE International Group Forward Scotland Hydro Energy Developments Ltd FreeStream Capital Partners Hydroplan UK Friends of the Earth Scotland I & H Brown Future Energy Solutions In-1 Ltd Future Energy Solutions Industrial & Power Association Gamesa Energy UK IPA Energy Consulting Garrad Hassan & Partners Ltd Islay Development Company GE Wind Energy Isle of Gigha Heritage Trust George Lane & Associates Isleburn Mackay & Macleod Geotrupes Energy Limited ITI Energy Glasgow CVS Jacobs Babtie Glen Kinglas Hydro Ltd Jane Douglas GML Engineering John Birchmore Grant Thornton Juwi International Green Energy Jobs.com Klueber Lubrication GB Ltd GreenPower Knoydart Hydro Ltd Kwikpower International Ledingham Chalmers LIFE-IC Linkserver Limited Logie Coldstone Welfare Trust Lomond Energy Longbore Limited Lothian & Edinburgh Environmental Partnership Lumis Energy Lunar Energy

Macaulay Enterprises Macaulay Institute Maclay Murray & Spens MacRoberts Solicitors

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Maritime Craft Services Quiet Energy Marta McGlynn Associates R J McLeod (Contractors) Ltd Martin Energy Ltd Raysol Photovoltaics Limited Mary Scott RDC Scotland McClure Naismith RED Group Ltd McGrigors Mercs Energytec Redfield Consulting Meridian Azimuth Renewable Devices Ltd Met Office Renewable Energy Systems (RES) Metoc plc Repower UK Mistral Invest Ltd Riomay Ltd Moray Council Robert Marshall & Associates Morrison Construction Services RPS Consultants Morton Fraser LLP RSPB Scotland Mott MacDonald Salamis Mullart Scot Waste Renewables Ltd Munro Consulting Scotrenewables Napier University Scott Wilson Scotland National Grid Scottish & Northern Plumbing Employers' National Trust for Scotland Federation Natural Power Consultants Ltd Scottish & Southern Energy Naturalay Ltd Scottish Centres NBW Wind Energy Limited Scottish Coal NEG Micon Rotors Scottish Coal Company Ltd New Lives New Landscapes Scottish Council for Development & Industry NIFES Consulting Group Scottish Courts Service NOI Scotland Scottish Development International noquickfix Scottish Enterprise Nordex Energy Scottish Environment Link North Lanarkshire Council Scottish Environmental Protection Agency Northern Energy Developments Ltd Scottish Estates Business Group Novera Energy Scottish Renewables Forum npower renewables Scottish Rural Property Business Association NSCA Scotland Scottish Solar Energy Group Nsure Renewables Scottish Tanning Industries Ocean Power Delivery Ltd Scottish Water Ofgem Scottish Wind Watch Oreada ScottishPower Orkney Energy Agency Semple Fraser WS Orkney Islands Council Sennig Resource Co. Orkney Renewable Energy Forum SEPA Paull & Williamsons SERA Scotland PennSummit Tubular SERG Pinsent Masons Sgurr Energy positivEsolutions Shawater Ltd Power Systems Project & Consultancy Shell WindEnergy Ltd Service (PCS) Ltd Shepherd+ Wedderburn PRASEG Shetland Aerogenerators Ltd PriceWaterhouseCoopers Shetland Energy Club Protect Rural Scotland Party Shetland Renewable Energy Forum Proven Energy Ltd. Siemens Power Generation Qinetiq Siemens Wind Power

ST/S2/06/5/1b siGEN Technology Ltd Sinclair Knight Mertz (Europe) Ltd Viking Energy SLP Energy Viridor Waste Management SLR Consulting Limited Vital Resources Smartest Energy Warwick Energy Smiths Gore Wavegen Software Systems Uk Ltd West Coast Energy Solar and Wind Applications Ltd WhitbyBird Solargen Solutions Ltd White Young Green Spaven Consulting Willow Energy Ltd Stephenson Halliday Wind Energy Ltd Strathclyde & Central EEACs Wind Prospect Ltd Strathclyde European Partnership Windhoist Ltd. Subsea 7 WindPower Developments (UK) Ltd Targeting Innovation Windsave Ltd Taylor & Fraser Windsearch Team IX Ltd Woodshed Technologies Pty Ltd Ted Leeming Photography Wright, Johnston & Mackenzie LLP Terence O'Rourke Ltd WWF Scotland Tetro Energy Ltd Zyggi's Rock Drilling The Clean Energy Company The Highland Council The Hydro Boys The Stornoway Trust The Welbeck Estates Co. Ltd. The Western Isles Energy Advice Centre Thirdwave Scotland Ltd Threshold3 TJC Central Heating & Plumbing Tombreck Action Group Torren Energy Ltd United Utilities Wind Ltd University of Abertay Dundee University of Birmingham University of Dundee University of Edinburgh University of Glasgow University of Strathclyde Unst Partnership URS Corporation Ltd Validation Concepts Limited Vestas - Celtic Wind

4. GROUP OFFICERS Code of Conduct 8.3, Rule 4 Please amend titles as necessary e.g. to indicate joint office holders, or preferred titles.

Co-conveners Sarah Boyack MSP Nora Radcliffe MSP John Scott MSP

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Vice-Convener Robin Harper MSP

Secretary Maf Smith (Scottish Renewables Forum)

Treasurer Robert Forrest (Scottish Renewables Forum)

5. FINANCIAL OR OTHER BENEFITS RECEIVED Code of Conduct 8.4.8 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

31/03/2000 £235.00 Provision of lunch by Enron Wind

12/06/2000 £425.00 Meeting sponsorship to cover hire and catering costs by Renewable Energy Systems

21/01/2001 £3,000.00 Event sponsorship by Scottish Enterprise

25/09/2002 £400.00 Event sponsorship by National Wind Power

29/10/2002 £1,545.94 Core sponsorship by Scottish Renewables Forum

26/01/2005 £500 £500 – sponsorhip for Community Renewables meeting to provided by Geotrupes Energy 30/01/2006

6. GROUP SUBSCRIPTION Code of Conduct 8.3, 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 None

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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 N/A

Name and address of employer N/A organisation

Type of employer organisation N/A

8. GROUP CONTACT Code of Conduct 8.4.4 and 8.5.1 – 8.5.5 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 Robin Harper MSP

Parliamentary address MG.12

Telephone number 0131 348 5926

Constituency Office telephone number 0131 447 1843

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STANDARDS AND PUBLIC APPOINTMENTS COMMITTEE

PETITION PE 951

1. The Public Petitions Committee has forwarded the attached petition by Professor Walter (Dixie) Dean to the Standards and Public Appointments Committee for consideration.

2. The petition calls on the Scottish Parliament to ensure higher parliamentary standards by—

(a) amending the Scottish Parliamentary Standards Commissioner Act 2002 to put in place an appeal mechanism for complainants whose complaints to the Commissioner have been rejected; (b) providing adequate resources for the Standards Commissioner to carry out these functions properly; and (c) amending the Freedom of Information (Scotland) Act 2002 to ensure that the Standards Commissioner is subject to its provisions.

3. The petitioner has written seeking to give evidence on this petition.

4. The Committee may wish to consider the following in relation to the petitioner’s request.

5. Is the Committee minded to re-examine the Scottish Parliamentary Standards Commissioner Act to allow complainants an appeal mechanism for complaints which have been rejected by the Commissioner?

6. The Committee does not have responsibility for providing resources for the Standards Commissioner to carry out his functions. This is a matter for the SPCB. However, the Finance Committee is currently carrying out an inquiry into accountability and governance with relation to the Commissioners and Ombudsmen. This will examine the growth in the number of independent, regulatory and investigatory bodies and the associated growth in funds allocated since devolution. In addition, it will examine the appropriateness of existing lines of accountability and how this process works in practice; and identify whether there are any potential overlaps in remits and responsibilities of independent, regulatory and investigatory bodies and any financial implications of such overlaps. Is the Committee minded to pass on the petitioner’s concerns to the Finance Committee for consideration?

7. The Freedom of Information (Scotland) Act 2002 is not within the remit of this Committee. The Public Petitions Committee has agreed to refer a copy of the petition to the Scottish Executive for inclusion in its review of the Freedom of Information (Scotland) Act 2002.

8. The Committee’s views on this petition are sought.

STANDARDS CLERKS MAY 2006

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Public Petitions Committee – a template for e-petitions

Should you wish to submit an e-petition allowing signatures to be gathered on- line on the Public Petitions Committee e-petitioner web pages please complete the template below. Before submitting your e-petition please consult the Guidance on submission of public petitions for advice on what is and is not admissible. You may also seek advice from the Clerk to the Committee whose contact details can be found at the end of this form.

Details of principal petitioner: Please enter the name of person and organisation raising the petition, including a contact address where correspondence should be sent to.

Professor Dixie Dean On Deaf Ears? Campaign 23 Queen’s Own Place Forres Moray SCOTLAND IV36 1FL Email: [email protected]

Text of petition: The petition should clearly state what action the petitioner wishes the Parliament to take in no more than 5 lines of text, e.g. The petitioner requests that the Scottish Parliament considers and debates the implications of the proposed Agenda for Change legislation for Speech and Language Therapy Services and service users within the NHS

Petition by Walter Dean calling on the Scottish Parliament to ensure higher parliamentary standards by (a) amending the Scottish Parliamentary Standards Commissioner Act 2002 to put in place an appeal mechanism for complainants whose complaints to the Commissioner have been rejected; (b) providing adequate resources for the Standards Commissioner to carry out these functions properly; and (c) amending the Freedom of Information (Scotland) Act 2002 to ensure that the Standards Commissioner is subject to its provisions.

Period for gathering signatures: Please enter the closing date for gathering signatures on your petition, which we would usually recommend is a period of between 4-6 weeks

Closing date: 6th April 2006

Additional information: Please enter any other information relating to the issues raised in your e-petition, including the reasons why the action requested is necessary. The text entered in this field should not exceed 2 pages. However, you may wish to provide further sources/links to background

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information.

There is evidence under the current system Parliamentary standards are low and protection of MSP is accorded far higher priority than protection of the public interest, which may be a significant contributor to current cynicism

It may be that this threatens to undermine democracy itself yet a single Commissioner maintains Standards working alone with no office facilities. There is no realistic channel of appeal against questionable decisions

There appear to be many cases where Commissioner decisions have disappointed the public. Parliament’s respect for its own standards, those the public wishes to see, and a more serious attempt to maintain them would, I suggest, encourage and perhaps renew public confidence

For example:

For three years a campaigning Constituent lobbied his MSP with significant questions related to the Executive's failure to deliver national mental health and asked the MSP to raise them in Parliament. The MSP did not respond to his communications, hence denied him representation

The MSP continued to ignore the Constituent’s letters for six more months. After Constituent complaint to the Commissioner the MSP abruptly asked some mental health questions – but none related to the Constituent's interests, simply requesting published information readily available. The MSP still refuses to discuss those he asks; still will not respond to his letters, hence still denies him representation

Protocols ensure the MSP’s actions inhibit other, Regional MSP from taking interest, closing the only other channel the Constituent has for access to Parliament. In effect, the Constituent has been disenfranchised.

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Action taken to resolve issues of concern before submitting an e-petition: Before submitting a petition to the Parliament, petitioners are expected to have made an attempt to resolve their issues of concern, by for example, making representations to the Scottish Executive or seeking the assistance of locally elected representatives, such as councillors, MSPs and MSPs. Details of those approached should be entered.

Approaches have been made to my local MSP, seven N.E. Region MSP, the Parliamentary Standards Commissioner and others. No one has shown interest, which generated this petition.

Comments to stimulate on-line discussion: Please provide at least one comment to set the scene for an on-line discussion on the petition, not exceeding 10 lines of text.

Many people believe standards of conduct in public institutions are unacceptably low and far from the Nolan Principles of Conduct in Public Life. Parliament is highest in the land so MSP public commitment to higher standards there would exert pressure on other institutions to do the same.

Petitioners appearing before the Committee The Convener of the Committee may invite petitioners to appear before the Public Petitions Committee to speak in support of their petition. Such an invitation will only be made if the Convener considers this would be useful in facilitating the Committee’s consideration of the petition. It should be noted that due to the large volume of petitions it has to consider, the Committee is not able to invite all petitioners to appear before the Committee to speak in support of their petition.

Please indicate below whether you request to make a brief statement before the Committee when it comes to consider your petition.

I DO request to make a brief statement before the Committee I DO NOT request to make a brief statement before the Committee

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Signature of principal petitioner: When satisfied that your petition meets all the criteria outlined in the Guidance on submission of public petitions, the principal petitioner should sign and date the form in the box below. Other signatures gathered should be appended to this form.

Signature ……………………………………………………………………………….

Date …………………………………………………………………………………….

For advice on the content and wording of your e-petition please contact:

The Clerk to the Public Petitions Committee The Scottish Parliament Edinburgh EH99 1SP Tel: 0131 348 5186 Fax: 0131 348 5088 e-mail: [email protected]

Note Completed e-petition forms should also be sent to [email protected]

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List of electronic signatures to Petition PE951

Signatures: Robert Anderson Scotland 26/03/2006 Ryan Malcolm McGuinness Scotland 24/03/2006 sean robertson Scotland 23/03/2006 Susan Crisp Scotland 22/03/2006 Shug Falconer Scotland 21/03/2006 Andrew Edward Slattery Scotland 21/03/2006 Steven McAlpine Scotland 20/03/2006 Dave Watt Scotland 20/03/2006 Douglas Nolan Scotland 20/03/2006 Rosemary Byrne Scotland 15/03/2006 paul robinson Scotland 14/03/2006 A V Smith Scotland 14/03/2006 Sara Thornton England 12/03/2006 Dai Ishimaru England 12/03/2006 Erika Dean Scotland 12/03/2006 Joanna Murray Scotland 12/03/2006 E Bolton Scotland 09/03/2006 F J Kennedy Scotland 08/03/2006 A.G. Kennedy N. Ireland 06/03/2006 Rebekah Gronowski Scotland 06/03/2006 Helen Ford Scotland 05/03/2006 frankward Scotland 05/03/2006 Fiona Sinclair Scotland 02/03/2006 alasdair gray Scotland 01/03/2006 Barbara Anne Marshall England 28/02/2006 Robert Mathers Scotland 28/02/2006 jayne stewart Scotland 28/02/2006 Doanld Fraser Scotland 28/02/2006 Eileen Shanley Scotland 27/02/2006 sandy macgillivary Scotland 26/02/2006 Steve Scotland 24/02/2006 Anne Macleod Scotland 24/02/2006 George Campbell Scotland 24/02/2006 cyndi white England 24/02/2006 R W Keddie Scotland 24/02/2006 francis ward Scotland 24/02/2006 Steve Arnott Scotland 24/02/2006 ST/S2/06/5/2

William Smith Scotland 23/02/2006 Maurice Kellett England 23/02/2006 nigel m chambers Scotland 23/02/2006 Luke Ivory Scotland 23/02/2006 miranda morland England 23/02/2006 Paul Brian Tovey England 23/02/2006 Tom Minogue Scotland 23/02/2006 david emslie (flat 9) Scotland 23/02/2006 duncan shields Scotland 23/02/2006 Pat Mackie Scotland 23/02/2006 Patricia Ann Mallaby Scotland 23/02/2006 norma anderson Scotland 23/02/2006 James A Mackie Scotland 22/02/2006 Professor Dixie Dean Scotland 22/02/2006

This petition has received 51 signatures

ST/S2/06/5/3

STANDARDS AND PUBLIC APPOINTMENTS COMMITTEE

REVIEW OF THE CODE OF CONDUCT FOR MEMBERS OF THE SCOTTISH PARLIAMENT - SECTION 8: REGULATION OF CROSS-PARTY GROUPS

1. At its 2nd Meeting 2006 (28 February 2006), the Committee agreed to consider a paper at a future meeting on section 8 (regulation of cross- party groups) of the Code of Conduct for MSPs.

2. Section 8 is attached to this paper as an annexe.

3. A list of current cross-party groups is attached as an annexe.

4. The rules to establish and regulate cross-party groups were adopted by the Parliament in February 2000. Since then, cross-party groups have become increasingly sophisticated in their operations and activities.

5. In Session 1, the Standards Committee undertook a small scale review of the cross-party group system. A consultation paper1 was issued to all MSPs and to the existing cross-party groups in July 2002. The Committee returned to the subject of cross-party groups in 2003 and commissioned external research2 on group systems in the Scottish Parliament and elsewhere. Neither the consultation exercise nor the research discovered much appetite at the time to make sweeping changes to the rules in section 8 of the Code.

6. The attached paper includes issues that have been raised in connection with cross-party group activity. It is not necessarily exhaustive or exclusive and Members of the Committee are invited to raise other matters which may need to be addressed by section 8 of the Code of Conduct.

7. The Committee is invited to discuss aspects of the operation of cross- party groups and decide whether the rules in section 8 require revision.

Members are invited to discuss the points attached and agree any action, if appropriate.

STANDARDS CLERKS MAY 2006

1 Standards Committee, 6th Report 2002 (July), Consultation on Cross-Party Groups in the Scottish Parliament. http://www.scottish.parliament.uk/business/committees/historic/standards/reports-02/str02-06- 01.htm 2 Standards Committee, 4th Report 2004 (June), Report on Research Commissioned in Session 1 on behalf of the Standards Committee of the Scottish Parliament into aspects of the Cross-Party Group System. http://www.scottish.parliament.uk/business/committees/standards/reports-04/str04-04-01.htm

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Annexe A

Cross-Party Groups – discussion points

General 1. The Committee is invited to consider:

• whether the cross-party group system should continue to exist in the Scottish Parliament?

2. If there was no regulated cross-party group system, it is arguable that ‘informal’ groups would meet and this could be less transparent than the current regulated system. On the other hand, if there was no regulated cross-party group system, there would be less confusion about the role of informal groups, their status in the Parliament and the use of Parliamentary facilities.

3. There is a balance to be struck in regulating the system but not committing parliamentary resources to the management or support of groups (bearing in mind that the idea of a cross-party group system is not supported by a proportion of the public who do not like or agree with system in general and do not agree to groups being ‘supported’ by publicly-funded resources).

Cross-party group MSP membership 4. Rule 2, Section 8.3 of the Code of Conduct, states:

“The Group’s membership must be open to all Members of the Parliament and must include at least five MSPs of which at least one Member must be from each of the parties or groups represented in the Parliamentary Bureau.”

5. As the Committee has previously noted, this rule is ambiguous as there are currently six parties or groups represented in the Parliamentary Bureau. At its meeting on 18 June 2003, the Committee agreed that the Rule should be interpreted as meaning that each Group should have:

(a) a minimum of one MSP from each of the larger parties in the Parliament (Labour – 50 MSPs, SNP – 27 MSPs, Conservative – 18 MSPs and Lib Dem – 17 MSPs);

(b) and one other MSP from any of the other parties or an independent MSP

making a membership threshold of five MSPs. (This interpretation was confirmed at the Committee’s meeting on 25 January 2005).

• Members are invited to discuss revising the wording of the MSP membership rules either to include the above interpretation in section 8 of the Code or to amend the rule.

• Members are invited to discuss whether the MSP membership should be kept to five or whether it should be increased or decreased.

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Cross-party group non-MSP membership “Cross-party groups contain members from across the parties who share an interest in a particular subject or cause and they may include people from outwith the Parliament.” (paragraph 8.1.1, the Code of Conduct).

6. Cross-party groups do not have to contain non-MSPs (see below “Nature and status of cross-party groups”), although if they do then it is arguably more transparent to have non-MSPs registered as members of the group.

7. A non-parliamentarian is usually eligible to vote at cross-party group meetings if the person is a registered member of the group (or if an organisation is the registered member, one representative from that organisation can vote).

• Should cross-party groups continue to contain non-MSP members?

• Should cross-party groups only allow MSP members to vote on issues?

Nature and status of cross-party groups “The group must be Parliamentary in character, and its purpose must be of genuine public interest.” (rule 1, section 8.3, Code of Conduct).

8. Members are invited to consider and discuss the meaning of the phrase ‘Parliamentary in character’.

9. Does the phrase “Parliamentary in character” refer to the way in which the group operates i.e. decisions are made by the membership and are on a simple majority? Does it mean that a cross-party group should operate as a parliamentary committee should operate and if so, what restrictions would that place on groups (e.g. Committee meetings must be quorate to take place - see also below: rule 10 - number of MSPs present) minutes of each meeting must be kept and published on the Parliament’s website)?

10. Does “Parliamentary in character” mean that only MSPs should be members? Should non-MSP member numbers be capped?

• The Committee is invited to consider whether the rule should be revised.

11. Two MSPs (both members of the cross-party group) must be present at a meeting of a cross-party group (Rule 10, section 8.3, Code of Conduct). However, it is understood that diary commitments can change at short notice and occasionally cross-party group meeting may not have two MSPs present. On these occasions, it is understood that the cross-party group may, for example, hold a presentation – especially if guest presenters have been invited - but would not conduct any formal business i.e. no votes may be taken on business.

• The Committee is invited to consider including such information as guidance within the Code.

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12. There is scope for confusion in the public mind between parliamentary committees and cross-party groups (e.g. recent media articles have stated incorrectly that cross-party groups have powers to summon Ministers to attend meetings).

• The Committee is invited to discuss whether the Code of Conduct clearly state that cross-party groups are not ‘core’ business of the Parliament (i.e. they are not carrying our Parliamentary business) and that views expressed by cross-party groups are not necessarily endorsed by the Parliament?

13. The Scottish Parliamentary Corporate Body (SPCB) has already responded to a letter from the Committee. SPCB stated in general terms that it wished to comment on use of parliamentary facilities and the Committee has written back requesting details. However, the Committee is invited to discuss making specific mention in the Code of Conduct that cross-party groups should not make use of parliamentary logo. The responses to the consultation paper issued in 2002 supported making clear the distinction between cross-party groups and Parliamentary committees by including in the Code a provision that cross-party groups should not make use of the Parliament’s logo (there is nothing to prevent a cross-party group adopting its own logo which does not contain elements of the Parliament logo).

• The Committee is invited to discuss making specific mention in the Code of Conduct that cross-party groups should not make use of parliamentary logo

Number of cross-party groups 14. The Committee is invited to discuss if it wishes to put a limit on the number of cross-party groups in the Scottish Parliament.

15. This raises several points for discussion, including:

• how a limit would be set; • what criteria would be applied for establishing a cross-party group; • how applications for recognition would be assessed; and • would the Committee require each cross-party group to do something active/positive to confirm ongoing existence each year e.g. would the MSPs in each cross-party group be asked to sign and return a document stating that they are content to remain a member of the group and that the cross-party group continues?

Cross-party group activity 16. Recognition is accorded to a cross-party group after the Committee assesses an application for recognition.

• The Committee is invited to discuss whether the Code of Conduct be revised to include a provision that any changes to the remit or name of a

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group after it has been accorded recognition be subject to further approval by the Committee.

17. At its meeting on 3 May 2000, the then Standards Committee agreed that, in the spirit of openness and transparency, cross-party groups should hold an Annual General Meeting and submit an Annual Return to the clerks. This Annual Return would include the following details— • a note of all membership changes in the last year; • a financial statement, including details of all donations or assistance of a value of £250; • the number of meetings held; • any additional information the group wishes to provide.

18. However, this has never been included in the rules within the Code of Conduct.

19. The Committee is invited to discuss whether this requirement should be incorporated into the Code of Conduct.

20. Similarly, at its 1st Meeting 2005 (25 January), the Standards Committee agreed that cross-party groups should be permitted to add links from the homepage of a cross-party group to external websites. However, this would only be permitted if the Convener of a Group signed a letter of agreement as set out below.

21. The Committee is invited to discuss whether this requirement should be incorporated into the Code of Conduct.

22. Some cross-party groups have established sub-groups to work on specific issues within the group’s remit. The Code of Conduct is silent on the establishment and operation of sub-groups. Advice from the Standards clerks to groups has been that sub-groups should still operate within the rules set out in section 8, with the additional proviso that decisions made by a sub-group should be ratified by a subsequent group meeting.

23. The Committee is invited to discuss whether the rules should be revised to include the establishment of sub-groups and their operations or whether this could be included separately in guidance?

24. The Code requires that a cross-party group must elect its office bearers every 12 months. Elections must be advertised at least ten days in advance on the cross-party group bulletin. The rules do not state that elections must take place at a meeting of a group – although this is usual practice - and the Standards clerks have provided advice to groups on the conduct of electronic elections. This includes publishing on the group’s page on the Parliament website a list of offices and prospective candidates, a clear notice of the date and deadline for votes to be cast (either from an email account of the group member or by post); the publication of the result and filing of the votes cast in case these require to be checked or verified.

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The Committee is invited to discuss whether the rules should be revised to include electronic elections of office bearers.

25. Advice from the Standards clerks has been sought on occasions when cross-party groups have decided to set up a bank account.

26. As there are no specific rules relating to the operation of bank accounts for groups, the following are points which a group may wish to consider: • an account could be set up in the name of the cross-party group making clear it is not a parliamentary body but more in the nature of a community group; • the account could have at least two authorised signatories (one being the MSP convener); • statements could be regularly sent by the account operator/bank to the MSP Convener; • when the Group produces its annual report, the group may wish to include a simple income and expenditure report which could be signed off by the MSP Convener and one other person.

27. The aim is to be as open and transparent as possible and to provide a ‘paper trail’ which can be followed if necessary.

28. The Committee is invited to discuss whether guidance should be incorporated into the Code of Conduct on this subject.

Ends

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SECTION 8: REGULATION OF CROSS-PARTY GROUPS

Section 8.1: Introduction

8.1.1 Members of the Parliament may wish to be involved in cross-party groups. Cross-party groups contain members from across the parties who share an interest in a particular subject or cause and they may include people from outwith the Parliament.

8.1.2 As such groups may have, or may be seen to have, some influence within the Parliament, it is important that they operate in accordance with good practice and that their activities are transparent. The procedures on the establishment, registration and operation of cross-party groups which must be applied are set out below.

Section 8.2: Application for Recognition as a Cross-Party Group

8.2.1 A group must apply to the Standards Committee for recognition as a Cross-Party Group in the Scottish Parliament. Any group wishing to apply for recognition should contact the Standards Committee clerks. The clerks should be provided with the name of an MSP to act as their contact point for the group during the initial part of the application process until the convener, or other officer, of the group signs a declaration on compliance with the rules, as explained in paragraphs 8.5.1 to 8.5.6 of the Code.

8.2.2 Only groups accorded recognition will be permitted to use the title of Cross-Party Group in the Scottish Parliament and have access to Parliamentary facilities.

8.2.3 A group will only be recognised if it complies with the Rules on Cross- Party Groups. These are set out below and include requirements to submit a statement registering certain details about the group and a declaration on compliance with the Rules. It is these documents which will be considered by ST/S2/06/5/3a

the Committee when considering an application. The procedure for completing these documents is explained below.

8.2.4 Once a group has completed these requirements the Standards Committee will consider the application at the earliest opportunity, normally at its next meeting. In most cases it is expected that recognition will be awarded with immediate effect, but the Standards Committee may refuse recognition if it considers that a group does not comply with the rules or it may defer consideration in order to seek clarification from the group about its application. The group will be informed of the Committee’s decision. A group should not meet, unless authorised to do so by the Standards Committee, between submitting its application to the Committee and being accorded recognition as a Cross-Party Group.

8.2.5 The Committee will pay particular attention to information provided about the group’s purpose. If the Committee considers that a group is being formed not on grounds of public interest, but, say, to further particular commercial interests it will not be recognised.

Section 8.3: Rules on Cross-Party Groups in the Scottish Parliament

Rule 1. The group must be Parliamentary in character, and its purpose must be of genuine public interest.

Rule 2. The group’s membership must be open to all Members of the Parliament and must include at least 5 MSPs of which at least one Member must be from each of the parties or groups represented in the Parliamentary Bureau. In circumstances where the Standards Committee considers it is merited in relation to a particular group, this rule may be modified or waived.

Rule 3. The group may contain members from outwith the Parliament, but the overall membership profile of the group must remain clearly ST/S2/06/5/3a

Parliamentary in character, with attendance at group meetings compliant with Rule 10 below.

Rule 4. The group must elect its officers within 30 calendar days of its first meeting and every 12 months subsequently. At least two of the elected officers, one of whom must be the convener, must be Members of the Parliament. Elections for office bearers must be announced at least ten calendar days in advance in the Cross- Party Group Bulletin. (For information on using the Bulletin contact the office of the Webmaster.) The announcement must be made and the elections must take place at any time other than during a Parliamentary recess.

Rule 5. The group must comply with the requirements on the registration of Cross-Party Groups detailed below.

Rule 6. The group must submit a declaration on compliance with the rules as detailed below.

Rule 7. Where members are charged a subscription e.g. to cover administrative costs, the cost to all members must be the same and must be reasonable.

Rule 8. Any Member of the Parliament may attend and speak at any meeting (including the Annual General Meeting) of a group, but only registered members may vote at any meeting. Where a group has registered members from outwith the Parliament, those members may attend, speak and vote at any meeting. But where members are charged a subscription, a group may decide that voting rights may be restricted to those members (MSPs or others) who are paid-up members of the group.

Rule 9. Cross-Party Group meetings must be held in public. Meetings of the group must be announced in the Cross-Party Group Bulletin at ST/S2/06/5/3a

least seven calendar days before the meeting takes place. Members of the public, who are not registered members of the group, may be invited to speak but may not vote at any meeting.

Rule 10. To maintain and guarantee the Parliamentary nature of the occasion, at least two Members of the Parliament, both members of the group, should be present at every meeting.

Rule 11. Cross-Party Groups may use, subject to availability, the meeting rooms of the Parliament and any members from outwith the Parliament may use, in connection with Cross Party Group meetings, the restaurant and other facilities normally available to visitors as guests of an MSP and under the same conditions. Groups must observe the rules for the booking of rooms. (For booking of rooms and information about the rules on booking of rooms, please contact the Facilities Helpdesk.)

Rule 12. Cross-Party Groups must respect the limitations on the use of Parliamentary facilities:

• MSPs, but not other members of Cross-Party Groups, may make reasonable use of the Parliament’s telephone, fax, photocopying, IT facilities and Parliamentary stationery in pursuit of Cross-Party Group business or where expressly permitted by these rules e.g. use of the Cross-Party Group Bulletin. Groups may not otherwise use the Parliament’s telephone, fax, photocopying, IT facilities and Parliamentary stationery other than where these are available for public use. • Groups may not make use of free postage facilities provided by the Parliament. • Groups may not make use of the Parliament’s audio or broadcasting equipment and there is no provision for the televising or sound recording of their proceedings. ST/S2/06/5/3a

• Groups may not draw on the resources of the Parliamentary Clerks or the Official Report or other Parliamentary staff to service meetings except in fulfilment of the requirements of these rules or where expressly permitted by them, e.g. in order to book meeting rooms. • MSPs who are members of a Cross-Party Group may use the services of the Parliament's Information Centre to brief themselves on matters relating to that Group, but other members of the Group may not.

Rule 13. Cross-Party Groups must conform with such other rules as may be laid down from time to time by the Standards Committee, the Parliament or the Scottish Parliamentary Corporate Body. Conveners of groups will be informed of any amendments to the rules on Cross-Party Groups in advance of such amendments being applied. (Where a convener is not also the signatory of the declaration on compliance with the rules on behalf of a group, the signatory will also be informed of any amendments.)

Rule 14. Cross-Party Groups will cease to be recognised 90 calendar days after the first meeting of the new Parliament after a general Scottish Parliamentary election, whether ordinary or extraordinary, unless a fresh registration is made within that period.

Section 8.4: Registration of Cross-Party Groups

8.4.1 Cross-Party Groups must register the following details about the group:

• name • purpose • elected officers • all members ST/S2/06/5/3a

• financial or other benefits exceeding £250 in any calendar year received from any single source • details of subscriptions, where charged • certain details in relation to any staff employed by the group.

8.4.2 Registration statements must be lodged with the clerk to the Standards Committee not later than 30 calendar days after a group’s first meeting on a form obtainable from the clerk’s office. The form explains in detail what must be registered under the broad headings listed above. The Standards Committee clerks must be informed of the proposed date of the first meeting of the group in advance of that meeting so that the 30-day deadline is clear.

8.4.3 Any changes to the initial registration details must be notified in writing to the Standards Committee clerk not later than 30 calendar days after the change occurring. This requirement includes notifying the clerk, not later than 30 calendar days after his or her departure from a group, of any MSP leaving the group. This is to ensure that the public are able to have a current view of MSPs’ membership of Cross-Party Groups.

8.4.4 Any MSP who is an elected officer of a group may make the initial registration or may notify a change to the initial registration, but each group must designate on the registration form an MSP who is an elected officer of the group to act as a main contact point for the group in relation to registration details. Initially this contact must be the member who signs the declaration, detailed below, on compliance with the rules on Cross-Party Groups. A group may decide to change the designated contact point thereafter, once the Group is established and approved by the Standards Committee. In this case, the office of the Standards Committee clerk must be informed in writing within 7 calendar days and the name of the new registration contact must be given. The new registration contact must also be an MSP who is an elected officer of the group.

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8.4.5 The Standards Committee clerk will enter the details registered by groups in a Register of Cross-Party Groups in the Scottish Parliament not later than 30 calendar days after a group’s application has been approved by the Standards Committee. Changes to the initial registration details will be entered into the Register by the Standards Committee clerk not later than 30 calendar days after being notified to the clerk.

8.4.6 The Register is available for public inspection in loose-leaf form in the office of the Standards Committee clerk at any time when the Office of the Clerk is open. It is also available on the Parliament’s web site.

8.4.7 Advice on the registration requirements should be sought in the first instance from the office of the Standards Committee clerks, but responsibility for compliance with the registration requirements rests with the group, and in particular with the MSP responsible for ensuring compliance with the rules (see paragraphs 8.5.2 to 8.5.4 below). The Standards Committee office will enter into the register the details provided but will not be in a position to ensure that groups’ details are compliant, nor to alert groups to deficiencies in their entries.

8.4.8 Where a Member gains personally from a benefit relating to the activity of a group, he or she should consider whether that benefit falls within the rules applicable to the registration of Members’ Interests, and should, therefore, also be included in the Register by the Member concerned, or whether it falls within the rule on paid advocacy set out in the Members’ Interests Order.

Section 8.5: Compliance with the Rules on Cross-Party Groups

8.5.1 An MSP who is an elected officer of the group must sign a declaration not later than 30 calendar days after a group’s first meeting confirming that the group is constituted in compliance with, and will comply with, the rules on the operation of Cross-Party Groups. A declaration form will be provided by the Standards Committee clerks together with the registration forms.

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8.5.2 While all MSPs who are members of a Cross-Party Group have a responsibility to ensure that the group conducts itself properly, the signatory of the declaration will be held primarily responsible for ensuring that the group complies with the rules, including those on registration. Groups may consider that the group’s convener is the best person to act as signatory as he or she is most likely to be in a position to ensure that a group’s business is managed in accordance with the rules.

8.5.3 Once the declaration has been signed, the signatory will be regarded by the Standards Committee clerks as the point of contact for the group on all matters relating to the rules on Cross-Party Groups. The signatory will also replace the MSP referred to in paragraph 8.2.1 as the contact point in relation to the group’s application for recognition.

8.5.4 The signatory’s responsibility for compliance with all the rules, including those on registration, will continue even if the group designates, after the initial period of registration, another member as the contact point for registration details. Because of this continuing responsibility, the Standards Committee clerks will copy to the signatory any correspondence with the new contact point about the group’s registration.

8.5.5 If the signatory leaves the group, the Standards Committee clerks should be informed of this within 7 days and another MSP who is an elected officer of the group should, within that same timescale, sign the declaration on compliance with the rules.

8.5.6 For the purposes of its first meeting and for the 30 days thereafter a group will be given access to Parliamentary facilities on the same basis as a recognised Cross-Party Group to allow the group to establish itself and to elect its officers. During this period the group should refer to itself as a Proposed Cross-Party Group. The rules on operation of Cross-Party Groups must be complied with, to the extent that is possible, during this period.

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Section 8.6: Failure to comply with or Contravention of the Rules on Cross-Party Groups

8.6.1 Failure to comply with, or contravention of, the rules on Cross-Party Groups could lead to withdrawal of recognition of a group or to sanctions being imposed on an individual member. Enforcement of the Rules in the Code is explained in Section 10.

ST/S2/06/5/3b

STANDARDS AND PUBLIC APPOINTMENTS COMMITTEE

Cross-Party Groups in the Scottish Parliament (in alphabetical order and as at May 2006)

Affordable Housing Animal Welfare Architecture and the Built Environment Asthma Autistic Spectrum Disorder Borders Rail Cancer Children and Young People Chronic Pain Civil Nuclear Industry Construction Crofting Cuba Culture and Media Culture of Peace in Scotland Cycling Deafness Diabetes Disability Drug and Alcohol Misuse Dyslexia Electro-Magnetic Radiation and Health Epilepsy Fertility Services Food Funerals and Bereavement Gaelic Glasgow Crossrail Golf Human Rights International Development Group Kidney Disease Learning Disability Loss of Consultant Led Services in Scotland – Solutions Lupus Malawi M.E. Men’s Violence against Women and Children Mental Health Nuclear Disarmament Oil and Gas Older People, Age and Ageing Palestine Palliative Care

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Refugees and Asylum Seekers Renewable Energy Rural Policy Scots Language Scottish Contemporary Music Industry Scottish Economy Scottish Traditional Arts Scottish Writing and Publishing Sexual Health Sport Survivors of Childhood Sexual Abuse Sustainable Forestry and Forest Products Sustainable Transport Tackling Debt Tartan Day Textiles, Clothing and Footwear Tibet Tobacco Control Visual Impairment Wastes Management Women

Total: 65 groups

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STANDARDS AND PUBLIC APPOINTMENTS COMMITTEE

REVIEW OF THE CODE OF CONDUCT FOR MEMBERS OF THE SCOTTISH PARLIAMENT – ANNEXE 6: REGISTRATION OF MEMBERS’ STAFF INTERESTS

Introduction

1. At its 2nd Meeting 2006 (28 February 2006), the Committee agreed to consider a paper at a future meeting on Annexe 6 (registration of members’ staff interests) of the Code of Conduct for MSPs.

2. Annexe 6 is attached to this paper.

Background

3. Most Members employ or make use of the services of staff to assist them in carrying out their Parliamentary duties. Such staff may be engaged in assisting MSPs with, for example, administrative, secretarial or research work. The requirements for staff who work for Members to register certain financial interests are set out in Annexe 6 to the Code.

4. Paragraph 7.3.11 of the Code of Conduct for MSPs states:

"Staff employed by MSPs are in a position to exert influence. It is right that the public have access to information about any interest which might reasonably be thought to influence such staff. A Register of Interests of MSPs' Staff has been established. Members’ responsibility in relation to the Register can be found at Annexe 6 of the Code. Members will be held responsible for ensuring that, to the best of their knowledge, any staff working for them fulfil the requirements when introduced."

5. The Register covers staff employed under the Members’ Allowances Scheme to assist the Member in carrying out his or her parliamentary duties (including staff based solely in constituency offices). This includes staff employed on a full time or part time, temporary or permanent basis, through an agency or on a contract for services. It also includes unpaid staff who carry out similar work to those paid staff employed under the Members’ Allowances Scheme to assist a Member in carrying out his or her Parliamentary duties. It does not cover staff employed or carrying out work on an unpaid basis for 20 working days or less in any calendar year. There are over 350 members of staff with entries in the register at any given time.

6. The Register is published in hard copy only and is available for inspection in the office of the Standards clerks. It is not published on the Parliament’s website. Staff registration forms are not available for inspection. Only the agreed and published entry in the Register is available.

7. Responsibilities of Members are contained in paragraph 6.2.2 of Annexe 6, it instructs Members: • to make compliance with the rules on registration of interests a condition of engagement for staff; and

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• that the model contract of employment for MSPs' staff contains a provision on compliance.

8. A breach of any of the requirements on MSPs could lead to sanctions being imposed on the MSP. The onus is on individual MSPs to fulfil the requirements.

9. A motion to establish a Register was first debated by the Parliament in March 2000. However, the Convener of the Committee withdrew the motion after taking into account several contributions which suggested that the Committee should consult Members’ staff on their concerns about the Register. As one Member commented:

I thank the staff association [of the party] for considering the report and raising some points on which it wants to consult. The publication of names and details of staff is quite acceptable, but there must be some safeguards. To some extent, those people did not invite publicity and contact—unlike us—but they took on a job. That must be considered within their terms and conditions of employment. If names and details are to be published on the internet, we must reassure members of staff that that is in their interests and in the interests of their families.

10. The Committee then invited written submissions from Members and their staff and from any staff associations and trade unions representing Members’ staff. Four responses were received with the primary concern being the format of publication of the proposed Register.

11. A second motion was subsequently debated in October 2000 and the Register (in hard copy format only) established. The decision to establish it was not unanimous (For-67; Against-2; Abstentions-7).

12. The Register of Members’ Staff Interests is inspected infrequently. Keeping the Register in hard copy format only does pose some practical problems. As the Register is only available for inspection in the office of the clerks, the Parliament has received a very small number of requests from members of the public to supply copies of either the entire Register (as the correspondent cannot reasonably travel to Edinburgh) or copies of entries for named individuals.

Reviewing the Register and its requirements

13. The information to be recorded in the Register of Members’ Staff Interests is currently linked to the requirements made in The Scotland Act 1998 (Transitory and Transitional Provisions) (Members’ Interests) Order 1999 (the MIO).

14. During its review of the MIO, the Committee received a submission relating to registration of interests of Members’ staff which requested reconsideration of the provisions of the Staff Register and perhaps even the need for such a Register.

15. The submission contained the following arguments in favour of the abolition of the Register— • Members’ staff are not elected, advice given is advisory; • only members staff are required to register interests not SPCB staff who act in a similar advisory role;

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• the threshold for ‘gifts’ is considerably lower for MSPs’ staff than for MSPs (£50 rather than £250)

16. The Committee agreed to note the position on the Members’ Staff Register of Interests and revisit the matter once the work on replacing the MIO was complete.

Policy developments

17. The registration of the interests of Members’ spouses and cohabitees in certain categories under the MIO can be seen as analogous to the requirements for Members’ staff to register their interests. There have been developments regarding the policy in connection with Members’ partners which are outlined below.

18. The MIO required Members to register where the Member or spouse or cohabitee received a gift the value of which was above £250. In addition there was a requirement on the Member to register if their spouse or cohabitee had an interest in shares, and the nominal value of the shares was greater than 1% of the issued share value of the company or greater than £25,000.

19. During the passage of the Interests of Members of the Scottish Parliament Bill, the Standards and Public Appointments Committee agreed that there should be a ‘levelling up’ of the requirements from the MIO and that the Bill should contain a similar provision regarding spouses/partners for the category of ‘Heritable Property’ as well as for ‘Gifts’ and ‘Interests in Shares’.

20. At Stage 2 the Bill was considered by the Interests of Members of the Scottish Parliament Bill Committee. Amendments were lodged which removed the requirement to register spouse, cohabitee or civil partner interests from the three categories mentioned above. After discussion the amendments were withdrawn with the intention of re-lodging similar amendments at Stage 3.

21. At Stage 3 of the Bill, amendments were lodged to remove reference to ‘spouses, civil partners and cohabitants of MSPs’ from the requirements to register financial interests. The arguments put forward in favour of removing the requirement from the three categories can be summarised as follows— • why should partners have to disclose their financial interests to the member; • why should only these relationships be singled out, other relationships may be just as influential; • Members are elected, not partners; • Members may still make voluntary registrations under the category of ‘Miscellaneous’ or place information on the record during proceedings.

22. The Parliament, at its meeting on 26 April 2006, considered the amendments and agreed (on division) to remove the requirement to register the appropriate interests of spouses, civil partners and cohabitants of MSPs from financial interests.

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23. Given the change in policy direction should the requirement for Members’ staff to register interests continue to exist in the Scottish Parliament?

Conclusion

24. Given the change in policy direction with regard to the removal of the requirements regarding registration of Members’ partners’ financial interests, should the requirement for Members’ staff to register interests continue to exist in the Scottish Parliament?

25. If the Committee is minded to retain the requirement for Members’ staff to register interests, it is recommended that Annexe 6 be reviewed to reflect the changes brought about by the Interests of Members of the Scottish Parliament Act, once it has completed Stage 3.

STANDARDS CLERKS MAY 2006

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ANNEXE 6

REGISTRATION OF MEMBERS’ STAFF INTERESTS

1: Introduction

1.1 Most Members of the Scottish Parliament employ, or make use of the services of staff, to assist them in carrying out their Parliamentary duties. Such staff may be engaged in assisting MSPs with, for example, administrative, secretarial or research work.

1.2 Persons who work either directly or indirectly for MSPs may be in a position to exert influence over members and, indirectly, over the Parliament and the conduct of its business. It is right, therefore, that appropriate information about such staff and their interests should be disclosed and made publicly available.

1.3 A Register of Members’ Staff Interests has, therefore, been established.

1.4 The Code of Conduct for MSPs, to which this document forms an annexe, explains the responsibility of MSPs for the behaviour of their staff (section 9, paragraph 9.2.6). This annexe to the Code of Conduct sets out the provisions on registration which MSPs are to apply in respect of persons who they employ under paragraphs 1 and 2 of Part B of the Members’ Allowances Scheme and to others carrying out similar work on an unpaid basis. While the Standards Committee regulates the registration provisions, it cannot directly apply those provisions to persons covered by the Register. MSPs should be aware, therefore, that it is their responsibility to apply the registration provisions as required in Section 6 below.

2: Whom Does the Register Cover?

2.1 The Register will cover staff employed under the Members’ Allowances Scheme, as agreed by the Parliament on 16 March 2000, to assist the member in carrying out his or her parliamentary duties. This includes staff employed on a full time or part time, temporary or permanent basis, through an agency or on a contract for services. It also includes unpaid staff who carry out similar work to those paid staff employed under the Members’ Allowances Scheme to assist a Member in carrying out his or her Parliamentary duties.

2.2 “Parliamentary duties” are as defined in Rule 8 of the Members’ Allowances Scheme (see Appendix A).

2.3 Members should note that in the Members’ Allowances Scheme, no distinction is made between parliamentary duties and constituency duties. Parliamentary duties is a homogeneous term for all duties which an MSP has responsibility as a consequence of his or her election. For example, Rule 8(1) of the Members’ Allowances Scheme states that: ‘All of the allowances referred to in this Scheme are to be used only for the purpose of members carrying out their Parliamentary duties’. This includes a Local Office Costs Allowance which is provided in Part B (2) of the Scheme to: ‘enable the member, within the constituency or region from which he or she was returned

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(a) to run an office; and (b) to meet with constituents either on a one to one basis or as a group.

Constituency work is, therefore, included as Parliamentary duties within the terms of the Members’ Allowances Scheme. Similarly, for the purposes of this Register constituency work will be viewed as part of a Member’s overall parliamentary duties.

2.4 The Register does not cover staff employed or carrying out work on an unpaid basis for 20 working days or less in any calendar year.

3: Information to be Registered

3.1 The following information is to be registered:

3.1.1 Name of MSP(s) for whom the member of staff works

The name of the MSP for whom the member of staff works. Where the member of staff works for more than one MSP, all those MSPs should be specified.

3.1.2 Name of Responsible MSP

Where a Member pools his or her staff allowance with another Member or other Members in order to employ staff who are shared between or amongst them, the name of the Member who is to be regarded as responsible for the member of staff in relation to the Register of Members’ Staff Interests and the requirements set out in Section 6 below is to be specified. This MSP is referred to in these provisions as the “Responsible MSP”. The Responsible MSP is that Member of whom the member of staff remains an employee as provided for in paragraph 1(6) of part B of the Members’ Allowances Scheme.

Where unpaid staff work for more than one MSP it is the responsibility of those MSPs to decide between them who will be the “Responsible MSP”.

3.1.3 Registrable Interests

The Interests which are to be registered are as laid out in the Schedule to The Scotland Act 1998 (Transitory and Transitional Provisions) (Members’ Interests) Order 1999 with the exception of the rules in relation to Gifts which are set out in paragraph 3.1.4.

3.1.4 Gifts, Benefits and Hospitality

Details are to be provided of any gift, benefit or hospitality to the MSPs’ staff of a value greater than £50 which is received from any source, (other than the Member(s) whom the member of staff assists in carrying out his or her Parliamentary duties) and which relates in any way to work carried out in assisting a Member in his or her Parliamentary duties. Where a person receives such gifts, benefits or hospitality from a single source which are individually of a value of less than £50, but which cumulatively are of a value greater than £50 in any one calendar year, details of this are to be provided.

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3.2 The exact details required under each heading are explained in the registration form at Appendix B.

4: Registration Procedure

Initial Registration

4.1 In respect of members of staff who are already in post on the date on which these provisions take effect (23 October 2000) each MSP is required to provide to the Standards Committee clerks the names and contact details of any person who works for him or her under the Members’ Allowances Scheme, unpaid staff carrying out similar work and staff for whom he or she is the Responsible MSP. The clerks will write to each MSP to request this information and the information must be lodged with the Standards Committee clerks not later than 7 days after the request is issued.

4.2 In respect of members of staff who take up post after 23 October 2000, the MSP for whom he or she works or the Responsible MSP must inform the Standards Committee clerks, not later than 7 days from the date on which a member of staff begins work, of the name and contact details of the staff member.

4.3 The Standards Committee clerks will issue to each member of staff whose details they receive a registration form to be completed and returned to the clerks not later than 20 working days after the issue of the form. In respect of members of staff who are already in post on the date on which these provisions take effect (23 October 2000), this is a voluntary requirement. In respect of staff who take up post after the date on which these provisions take effect this is a compulsory requirement.

4.4 The Standards Committee clerks will enter the information supplied in the Register of Members’ Staff Interests not later than 15 days after the completed form is lodged with them.

4.5 A copy of each member of staff’s entry in the Register will be sent to that member of staff for approval and to the relevant MSP for information before it is published in the Register.

New or Changed Interests

4.6 If any member of staff who is required to register acquires a new interest which falls within the categories of information to be registered, or if an existing interest changes so that there is a need to add to or amend information already registered, the member of staff is to inform the Standards Committee clerks not later than 30 days after the interest is acquired or changes.

4.7 The Standards Committee clerks will enter the information supplied about the new or changed interest in the Register of Members’ Staff Interests not later than 15 days after the information is lodged with them.

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4.8 A copy of the member of staff’s revised entry in the Register will be sent to him or her for approval and to the relevant MSP for information before publication in the register.

Ceased Interests

4.9 If a member of staff ceases to have an interest which is registered, the member of staff may inform the Standards Committee clerks. A note will be made in the Register that an interest has ceased not later than 15 days after the clerks are informed of an interest ceasing. Ceased interests will be removed from the Register once a year and a copy of the Register as it stood before the removal of ceased interests will be retained, available for inspection, in the Chamber Office.

4.10 A copy of each individual’s revised entry in the Register will be sent to him or her for approval and to the relevant MSP for information before publication in the Register.

Ceasing to be a Member of Staff

4.11 MSPs must inform the Standards Committee clerks not later than 30 days after a member of staff ceases to be covered by the Register, so that the Register can be amended. Details relating to members’ staff who cease to be covered by the Register will be removed from the Register not later than 15 days after the clerks are notified.

5: Form of the Register

5.1 The information on the Register is held in hard copy only and can be viewed in the Chamber Office.

5.2 The Register is regulated by the Standards Committee, and is administered on its behalf by the Standards Committee clerks

6: Responsibilities in relation to Registration

6.1. The provisions in this Annexe to the Code of Conduct on registration of the interests of staff of MSPs impose certain specific requirements on MSPs.

6.2 MSPs are required:

• 6.2.1 to ensure that any member of staff whom they employ under the Members’ Allowances Scheme, unpaid staff carrying out similar work and staff for whom they are the Responsible MSP are aware of and understand the rules on registration.

• 6.2.2 to make compliance with the rules on registration a condition of engagement of a member of staff who takes up a post after 23 October 2000. An MSP should not employ a member of staff after that date who is unwilling to comply with the rules. Where a member of staff employed after 23 October 2000 has a written contract with the MSP, the contract must specify compliance with

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the rules as a condition of employment. The model contract of employment for MSPs’ staff, as revised on 23 October 2000, contains a clause to this effect.

• 6.2.3 in respect of members of staff who are already in post on the date on which these provisions take effect, 23 October 2000, and so were employed before compliance with these provisions could be a condition of employment, to take all reasonably practicable steps to encourage persons for whom they are the Responsible MSP to comply with the rules on registration. If a new or amended contract is agreed after 23 October 2000 in relation to the member of staff’s engagement, the new or revised contract must specify compliance with the rules as a condition of employment.

• 6.2.4 to comply with the rules at paragraphs 4.1, 4.2 and 4.11 above in relation to the provision of information to the Standards Committee clerks about members of staff.

• 6.2.5 to regard failure to comply with the rules on registration by a person who must comply with them, (those engaged, or subject to a contract agreed, after 23 October 2000), as a case of misconduct. This becomes a disciplinary matter between the member and the individual. (As appropriate, failure to comply with the rules on registration could lead to the SPCB withdrawing a pass from an individual covered by the Register).

6.3 These requirements are to be regarded as requirements of the Code of Conduct for MSPs, to which this document forms an Annexe. A breach of any of the requirements on MSPs could lead to sanctions being imposed on an MSP. Enforcement of the Code of Conduct for MSPs is explained in Section 10 of the Code.

6.4 While the onus is on individual MSPs to fulfil the requirements on them, advice and information about registration may be sought by MSPs, by individuals covered by the Register or by the public from the Standards Committee clerks.

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APPENDIX A Members’ Allowances Scheme

Rule 8 Parliamentary Duties

1) All of the Allowances referred to in this Scheme are to be used only for the purpose of members carrying out their Parliamentary duties.

2) In this Scheme, “Parliamentary duties” means the undertaking of any task or function which a member could reasonably be expected to carry out in his or her capacity as a member of the Parliament including:

a) attending a meeting of the Parliament

b) attending a meeting of a committee or sub-committee of the Parliament of which the member is a member or which the member is required to attend because of being in charge of a Bill or other matter under consideration by the committee or sub-committee or any other valid reason relating to the business of the committee or sub-committee;

c) undertaking research or administrative functions which relate directly to the business of the Parliament;

d) attending meetings for the purpose of representing electors or explaining the application of policy including attending meetings for the purpose of seeing a constituent or constituents;

e) attending Parliamentary party group meetings in Edinburgh;

f) attending any ceremony or official function or national or international conference as a representative of the Parliament or with the prior approval of a committee of the Parliament or the SPCB;

but does not include a member’s activities which are wholly political in relation to the member’s role as party spokesperson or representative.

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APPENDIX B

DRAFT REGISTRATION FORM

NAME OF MEMBER OF STAFF:

NAME OF MSP(S) FOR WHOM THE MEMBER OF STAFF WORKS: The name of the MSP for whom the member of staff works. Where the member of staff works for more than one MSP, all those MSPs should be specified.

NAME OF RESPONSIBLE MSP:

The name of the MSP who is to be regarded as responsible for the member of staff in relation to the Register of Interests of Staff of MSPs and the requirements set out at Section 6 of the provisions on registration is to be specified. This MSP is referred to in these provisions as the “Responsible MSP”. In most cases this will be the MSP who employs the member of staff. Where the member of staff works or provides services for more than one MSP, the MSPs involved should agree between them who is to be identified as the Responsible MSP.

REGISTRABLE INTERESTS:

The interests which are to be registered are as laid out in Article 4 of The Scotland Act 1998 (Transitory and Transitional Provisions) (Members’ Interests) Order 1999 with the exception of the rule in relation to Gifts which are set out separately in paragraph 3.13 of the Annexe on Register of Members’ Staff Interests in the Code of Conduct.

A gift, benefit or hospitality would include, but is not limited to, any monetary or tangible gift, payment of travel or other costs, for example, to attend a conference or related to a visit, provision of benefits or hospitality involving meals, accommodation or connected to sporting or cultural events.

Please give a brief description of the gift, benefit or hospitality, 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.

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I confirm that I have registered my interests as required by the provisions agreed by the Parliament on 4 October 2000 and that I will inform the Standards Committee clerks, in accordance with the rules, of any change in my registrable interests not later than 30 days after that change occurring.

SIGNATURE:

DATE:

PLEASE RETURN THE COMPLETED FORM TO THE STANDARDS CLERKS, TOWER 4, ROOM TG.01

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