Session 2008/2009
Seventh Report
COMMITTEE ON STANDARDS AND PRIVILEGES
Report on a Complaint by
Mr Daithí McKay MLA against Mr William Irwin MLA
Together with the Report of the Interim Commissioner for Standards,
Letter of Complaint and Minutes of Proceedings of the Committee relating to the Report
Ordered by The Committee on Standards and Privileges to be printed on 1 July 2009
Report: 44/08/09R (Committee on Standards and Privileges)
This document is available in a range of alternative formats.
For more information please contact the
Northern Ireland Assembly, Printed Paper Office,
Parliament Buildings, Stormont, Belfast, BT4 3XX
Tel: 028 9052 1078
Committee Powers and Membership
1. The Committee on Standards and Privileges is a Standing Committee of the Northern Ireland Assembly established in accordance with paragraph 10 of Strand One of the Belfast Agreement and under Assembly Standing Order Nos. 50 and 57.
2. The Committee has power:
- to consider specific matters relating to privilege referred to it by the Assembly;
- to oversee the work of the Assembly Clerk of Standards;
- to examine the arrangement for the compilation, maintenance and accessibility of the Register of Members’ Interests and any other registers of interest established by the Assembly, and to review from time to time the form and content of those registers;
- to consider any specific complaints made in relation to the registering or declaring of interests referred to it;
- to consider any matter relating to the conduct of Members, including specific complaints in relation to alleged breaches of any code of conduct to which the Assembly has agreed and which have been drawn to the Committee’s attention;
- to recommend any modifications to any Assembly code of conduct as may from time to time appear to be necessary.
3. The Committee is appointed at the start of every Assembly, and has power to send for persons, papers and records that are relevant to its enquiries.
4. The membership of the Committee is as follows:
Mrs Carmel Hanna, Chairperson
Mr Willie Clarke, Deputy Chairperson[1]
Mr Allan Bresland Mr Francie Brolly
Rev Dr Robert Coulter Mr Jonathan Craig
Mr David Hilditch[2] Mr Paul Maskey[3][4]
Mr Alastair Ross[5] Mr George Savage
Mr Brian Wilson
5. The Report and evidence of the Committee are published by the Stationery Office by order of the Committee. All publications of the Committee are posted on the Assembly’s website: (archive.niassembly.gov.uk.)
6. All correspondence should be addressed to the Clerk to the Committee on Standards and Privileges, Committee Office, Northern Ireland Assembly, Room 284, Parliament Buildings, Stormont, Belfast BT4 3XX. Tel: 02890 520333; Fax: 02890 525917; e-mail: committee.standards&privileges@niassembly.gov.uk
[1] Mr Clarke replaced Mr McHugh as Deputy Chairperson with effect from 21st January 2008.
[2] Mr Jonathan Craig replaced Mr Alex Easton as a Member of the Committee with effect from 15 September 2008.
[3] Mrs McGill replaced Mr McHugh as a Member of the Committee with effect from 28th January 2008.
[4] Mr Maskey replaced Mrs McGill as a Member of the Committee with effect from 20 May 2008.
[5] Mr Ross replaced Mr Adrian McQuillan as a Member of the Committee with effect from 29th May 2007.
Table of Contents
Report 1
Appendix 1
Report by the Interim Assembly Commissioner for Standards 5
Appendix 2
Letter of Complaint by Mr Daithí McKay MLA against Mr William Irwin MLA 23
Appendix 3
Proceedings of the Committee Relating to the Report 27
Seventh Report
The Committee on Standards and Privileges has agreed to the following Report:
Complaint against Mr William Irwin MLA
1. The Committee on Standards and Privileges has considered a report by the Interim Assembly Commissioner for Standards on a complaint by Mr Daithí McKay MLA against Mr William Irwin MLA.
2. The complaint relates to a pollution incident in February 2008 when there was an unauthorised discharge of effluent into a watercourse. The discharge was traced by the Northern Ireland Environment Agency to Mr Irwin’s farm.
3. Mr McKay has argued in his letter of complaint that Mr Irwin has failed in his duty to uphold the law by being responsible for this pollution incident. A Member’s duty to uphold the law is set out in the ‘Public Duty’ section of the Northern Ireland Assembly’s current Code of Conduct.
4. The focus of the Interim Commissioner’s investigation and the Committee’s consideration has not been on whether the incident occurred or whether Mr Irwin was responsible: the case has already been before the Magistrates’ court where Mr Irwin pleaded guilty and was fined £750.
5. Rather, the focus for the Interim Commissioner and the Committee has been whether Mr Irwin’s actions, in addition to being an offence, also constitute a breach of the Code of Conduct.
6. The Interim Commissioner recognised that while there could be cases in which a Member would be held to have breached the Code of Conduct by virtue of actions which had resulted in a prosecution and conviction, it would not be appropriate for every infringement of the law by Members to be considered to be a breach of the Code. In the case of this particular complaint against Mr Irwin, however, the Interim Commissioner considered the specific circumstances and concluded that Mr Irwin’s actions were not consistent with the responsibility described under ‘Public Duty’ within the Code of Conduct.
7. The Committee has given careful consideration to this issue. It is the Committee’s position that the purpose of the Code of Conduct is to provide Members with duties in respect of their role as elected representatives, not with regard to their private and family life. While this is spelt out more clearly in the new Code of Conduct which the Assembly has agreed will come into force on 12 October 2009, it is nonetheless a principle underpinning the existing Code.
8. The Committee would therefore not usually consider complaints which relate to the conduct of a Member with respect to their private life outside the Assembly, unless the circumstances of a specific case were particularly serious, impacted upon the ability of a Member to carry out his or her duties, or in some other way brought the Assembly into disrepute.
9. Further to this approach and having considered the points raised by the Interim Commissioner, the Committee does not believe that in this case Mr Irwin has breached the Code of Conduct. The complaint is therefore not upheld.
10. The Interim Commissioner also suggested that the relevant authorities within the Assembly should consider developing a policy to provide guidance to Members about their responsibilities to notify a specified Office or Officer in the Assembly should they be found guilty of any offence in a Court of law. The Committee intends to give further consideration to this suggestion.
Report by the Interim Assembly Commissioner
for Standards
APPENDIX I
Appendix 2
Letter of Complaint by
Mr Daithí McKay MLA
Appendix 3
Proceedings of the Committee Relating to the Report
Thursday, 25th June 2009
Senate Chamber, Parliament Buildings
Present: Mrs Carmel Hanna (Chairperson)
Mr Francie Brolly
Mr Alastair Ross
Mr George Savage
Mr Brian Wilson
In Attendance: Mr Paul Gill (Assembly Clerk)
Ms Hilary Bogle (Assistant Clerk)
Mr Gerard Rosato (Clerical Supervisor)
Mr Christopher McNickle (Clerical Officer)
Apologies: Mr Allan Bresland
Mr Willie Clarke
Rev Robert Coulter
Mr Jonathan Craig
Mr David Hilditch
Mr Paul Maskey
The meeting commenced at 11.35am in closed session.
Report from the Interim Assembly Commissioner for Standards on a complaint against a Member
Members noted the contents of a Report received from the Interim Assembly Commissioner for Standards on a complaint against a Member.
The Chairperson welcomed Dr Tom Frawley, Interim Assembly Commissioner for Standards and Mr John MacQuarrie, Director for Standards and Special Projects, Ombudsman’s Office and invited them to make a presentation to the Committee. After the presentation Dr Frawley and Mr MacQuarrie answered a number of questions from the Committee.
Dr Frawley and Mr MacQuarrie left the meeting.
Mr Savage declared an interest as he is a farmer.
Agreed: Following discussion the Committee agreed that the conduct complained of did not represent a breach of the Code and that a draft Committee Report on the complaint should be prepared by the Clerk for consideration by the Committee at the next meeting.
[EXTRACT]
Wednesday, 1st July 2009
Room 135, Parliament Buildings
Present: Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Rev Robert Coulter
Mr Jonathan Craig
Mr David Hilditch
Mr Paul Maskey
Mr Alastair Ross
Mr Brian Wilson
In Attendance: Mr Paul Gill (Assembly Clerk)
Ms Hilary Bogle (Assistant Clerk)
Mr Gerard Rosato (Clerical Supervisor)
Mr Christopher McNickle (Clerical Officer)
Apologies: Mr Willie Clarke
The meeting commenced at 2.08pm in closed session.
5. Committee Report on a complaint against a Member
Agreed: Members discussed and agreed the draft Report.
[EXTRACT]