Committee on Standards and Privileges

END OF MANDATE LEGACY REPORT

8TH MAY 2007 - 24TH MARCH 2011

1. Committee remit, current membership and powers

Remit:

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 No. 57.

Current Membership:

Mr Declan O’Loan (Chairperson)
Mr Willie Clarke (Deputy Chairperson)
Mr Sydney Anderson
Mr Billy Armstrong
Mr Mickey Brady
Rev Dr Robert Coulter
Mr Paul Frew
Mr Paul Maskey
Mr Ian McCrea
Mr Alastair Ross
Mr Brian Wilson

Powers:

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.

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.

2. Achievements of the Committee over the period of the Mandate

During this mandate the Committee on Standards and Privileges has made significant improvements to the standards framework for Members of the Assembly. Further detail is set out below.

(i) New Code of Conduct together with the Guide to the Rules Relating to the Conduct of Members

Following the restoration of devolution in 2007, the Committee on Standards and Privileges agreed that a full review of the Code and Guide should be carried out.

This review led to the Committee agreeing a new Code of Conduct. The new Code, which was debated and approved by the Assembly on 23 rd June, 2009, provides a more transparent system to ensure that Members put public interest ahead of their private interests. It establishes openness and accountability as key elements of the Code and maintains the integrity of the Assembly by holding Members to the high ethical standards expected of them by everyone in Northern Ireland.

(ii) The Register of Members’ Interests

Following the review of the Code of Conduct, the Committee published a new edition of the Register of Members’ Interests in order to reflect the new, more extensive registration requirements. The new Register requires Members to register all outside earnings and the time they spend on these activities. It also requires Members to register family members who benefit in any way from any Members’ Allowance. The format and presentation of the Register has been amended in order to make it more accessible.

(iii) Committee Inquiry on enforcing the Code of Conduct and Guide to the Rules Relating to the Conduct of Members and the Appointment of an Assembly Commissioner for Standards

The aim of the Inquiry was to establish the most appropriate means of maintaining the Assembly’s Code of Conduct and handling alleged breaches of it.

The inquiry concluded that the Assembly should have its own Commissioner for Standards whose role would be to carry out independent objective investigations into complaints against Members and to present his or her findings to the Committee on Standards and Privileges. It also concluded that the role and powers of the Assembly Commissioner for Standards should be set out on a statutory basis and that among these powers should be the power to initiate investigations when no complaint has been made. Other conclusions were that, broadly speaking, the principles of the existing system whereby the Northern Ireland Assembly regulates its own affairs and ultimately takes decisions on complaints that have been made against Members of the Assembly is an appropriate, reasonable and workable system.

The Committee Report on the Inquiry with debated and approved by the Assembly on 1 st June, 2010.

(iv) Assembly Members (Independent Financial Review and Standards) Bill

Following the conclusion of the Committee Inquiry, the Committee in conjunction with the Assembly Commission produced the Assembly Members (Independent Financial Review and Standards) Bill. Part 2 of the Bill provides for a Northern Ireland Assembly Commissioner for Standards. The Bill was introduced to the Assembly on Monday 15 November, with its second stage debated on Tuesday 23 November. An Ad Hoc Committee was established to carry out detailed investigation of the Bill and report to the Assembly. Following Consideration Stage, Further Consideration Stage and Final Stage on 1 st March 2011, Royal Assent is due to be granted at the end of March 2011.

(v) Review of the Rules on All-Party Groups

The Committee carried out a review of the Rules on All-Party Groups which had not been reviewed since their introduction in February 1999. The Report on the Review of the Rules on All-Party Groups was approved by the Committee on Standards and Privileges on 16 June 2010.

The most significant change to the Rules was that there will no longer be two different types of groups (All-Party Groups and All-Party Assembly Groups). The groups will now be known as All-Party Groups and only MLAs will be allowed to be members of the groups.

(vi) Complaints against Members

During the course of the Mandate the Committee published eleven Reports on complaints against Members. In a number of instances the Committee’s findings and recommendations led the Assembly to alter its rules on how Members can use their allowances.

3. Committee’s approach to undertaking its work

During the course of the Committee’s Review of the Code of Conduct the Committee commissioned an Assembly Research Paper; produced a Consultation Document; examined Codes of Conduct of other legislatures in the United Kingdom and the Republic of Ireland; carried out fact-finding visits to the House of Commons and the Scottish Parliament; heard oral evidence; and received written evidence.

When carrying out the Committee Inquiry, the Committee issued a Public Notice, drafted an Issues Paper and wrote to the relevant stakeholders, including each of the political parties at the Assembly, inviting written submissions. The Committee also took oral evidence and visited the House of the Oireachtas where it met with the Committee on Members’ Interests and the Standards in Public Office Commission.

During the production of the Committee Bill the Committee commissioned an Assembly Research Paper and Legal Advice. The Committee was briefed by Assembly Research and at different stages throughout the development of the Bill by Assembly Legal Services. The Committee was also briefed by the Director General on behalf of the Assembly Commission with regard to Part 1 of the Bill.

4. Issues and matters that the incoming committee may wish to consider

(i) Provide for the Attorney General to have the same duties as Members in respect of the requirement to register interests and declare interests, and to be prohibited in the same way as Members from advocating any matter on behalf of anyone else for a payment or benefit.

(ii) The appointment of an Assembly Commissioner for Standards;

(iii) To agree directions as to the general procedure to be followed by the Commissioner in the exercise of his functions;

(iv) To carry out a further Review of the Code of Conduct together with the Guide to the Rules relating to the Conduct of Members.

(v) The issue of having lay members on the Committee.

APPENDIX 1

COMMITTEE ON STANDARDS AND PRIVILEGES

Change in membership throughout the mandate

Membership (11):

Democratic Unionist Party - Mr Sydney Anderson 13
Mr Paul Frew ^{8 14}
Mr Ian McCrea ^{5 7 15}
Mr Alastair Ross ¹  

Green Party - Mr Brian Wilson

Sinn Fein - Mr Mickey Brady ^{9 10}
Mr Willie Clarke (Deputy Chairperson) ²
Mr Paul Maskey ^{3 4}

Social Democratic and Unionist Party - Mr Declan O'Loan (Chairperson) ^{6 11 12}

Ulster Unionist Party - Mr Billy Armstrong ¹⁶
Rev Dr Robert Coulter

1 Mr Alastair Ross replaced Mr Adrian McQuillan with effect from 29 May 2007
2 With effect from 21 January 2008 Mr Willie Clarke replaced Mr Gerry McHugh as Deputy Chairperson
3 With effect from 28 January 2008 Mrs Claire McGill replaced Mr Gerry McHugh
4 With effect from 20 May Mr Paul Maskey replaced Ms Claire McGill
5 With effect from 15 September 2008 Mr Jonathan Craig replaced Mr Alex Easton
6 With effect from 3 July 2009 Mr Declan O'Loan replaced Mrs Carmel Hanna as Chairperson
7With effect from 14 September 2009 Mr Trevor Clarke replaced Mr Jonathan Craig
8With effect from 14 September 2009 Mr Thomas Buchanan replaced Mr David Hilditch
9With effect from 11 January 2010 Mr Billy Leonard replaced Mr Francie Brolly
10 On 19 April 2010 Mr Mickey Brady replaced Mr Billy Leonard as a Member of the Committee
11 From 28 May 2010 Mr Pat Ramsey replaced Mr Declan O'Loan as Chairperson of the Committee for Standards and Privileges
12 With Effect from 25th June 2010 Mr Declan O'Loan replaced Mr Pat Ramsey as Chairperson 
13 With effect from 13th September 2010 Mr Sydney Anderson replaced Mr Allan Bresland as a member of the Committee
14 With effect from 13th September 2010 Mr Paul Frew replaced Mr Thomas Buchanan as a member of the Committee
15 With effect from 13th September 2010 Mr Ian McCrea replaced Mr Trevor Clarke as a member of the Committee
16 With effect from 1st November 2010 Mr Billy Armstrong replaced Mr George

APPENDIX 2

COMMITTEE ON STANDARDS AND PRIVILEGES

Committee meetings and visits

Committee Inquiries

Committee Reports (excluding Bill and Inquiry reports)