Committee on Standards and Privileges

Inquiry on the appointment of an Assembly Commissioner for Standards, on maintaining the Northern Ireland Assembly’s Code of Conduct and Guide to the Rules Relating to the Conduct of Members (The Code of Conduct), and on handling alleged breaches of the Code of Conduct

ISSUES PAPER

The Northern Ireland Assembly Committee on Standards and Privileges has agreed to carry out an Inquiry on the appointment of an Assembly Commissioner for Standards, on maintaining the Code of Conduct and on handling alleged breaches in relation to it.

Terms of Reference

The Aim of the Inquiry is to establish the most appropriate means of maintaining the Code of Conduct and handling alleged breaches in relation to it.

In doing so the Committee will consider:

• What the role, responsibilities and powers of an Assembly Commissioner for Standards should be;
• whether the position of an Assembly Commissioner for Standards should be placed on a statutory basis;
• how an Assembly Commissioner for Standards should be appointed;
• what the terms and conditions of any appointment might be;
• what the role of the Committee on Standards and Privileges should be in dealing with alleged breaches of the Code of Conduct; and
• what the role of the Assembly should be in dealing with alleged breaches of the Code of Conduct.

Current Position

The Northern Ireland Assembly’s new Code of Conduct came into effect on 12 October 2009 see http://archive.niassembly.gov.uk/reports/nia24-01.htm . As per the existing arrangements, the new Code of Conduct was consulted upon and drafted by the Committee on Standards and Privileges before having been put to and agreed by the Assembly. The new Code of Conduct sets out, inter alia, the process which allows for the Interim Commissioner for Standards to investigate complaints, the Committee on Standards and Privileges to determine whether breaches have occurred and, where they have, for the Assembly to impose sanctions. The role of Interim Commissioner for Standards is fulfilled by the Northern Ireland Ombudsman, Mr Tom Frawley CBE.

The Committee now needs to formalise its arrangements in relation to a Commissioner for Standards but believes that in doing so it should also give consideration to the respective roles that the Commissioner, Committee and Assembly should fulfil, both in terms of maintaining the Code of Conduct and in terms of handling alleged breaches of it.

The respective roles of the Commissioner, Committee and Assembly are set on in detail in the Assembly’s Standing Orders 57 and 69 to 69C (enclosed) and the Code of Conduct. However, broadly speaking, the respective roles in relation to maintaining the Code of Conduct and handling alleged breaches of it are as set out below:

The Commissioner for Standards has responsibility for:

• Receiving complaints;
• Investigating admissible complaints;
• Recommending to the Committee on Standards and Privileges that complaints are inadmissible;
• Making reports to the Committee on Standards and Privileges on admissible complaints with a recommendation on whether or not the conduct complained represents a breach of the Code of Conduct; and
• Recommending the use of the rectification procedure (where appropriate)

The Committee on Standards and Privileges has responsibility for:

• Recommending modifications to the Code of Conduct;
• Dismissing complaints brought to its attention by the Commissioner which it considers to be inadmissible;
• Considering reports on admissible complaints from the Assembly Commissioner for Standards and, further to this, determining whether breaches of the Code of Conduct have occurred;
• Recommending to the Assembly that specific sanctions be imposed upon Members who have breached the Code of Conduct; and
• Allowing for the use of the rectification procedure (where appropriate).

The Northern Ireland Assembly has responsibility for:

• Agreeing modifications to the Code of Conduct (further to recommendations from the Committee on Standards and Privileges); and
• Imposing sanctions upon Members who have breached the Code of Conduct (further to reports from the Committee on Standards and Privileges).

Issues for Consideration

The Committee would welcome any comments or opinions from interested parties in respect of the terms of reference. Particular issues that respondents may wish to comment on include the following:

In terms of modifying and maintaining the Code of Conduct:

• Are the current respective roles and duties of the Committee on Standards and Privileges and the Assembly appropriate?
• Should there be any formal role for others in terms of maintaining and modifying the Code of Conduct?

In terms of handling alleged breaches of the Code of Conduct:

• Are the current respective roles and duties of the Commissioner for Standards, the Committee on Standards and Privileges and the Assembly appropriate?
• Should there be any formal role for others in terms of handling alleged breaches of the Code of Conduct?
• Should consideration be given to introducing any sort of appeals procedure in relation to decisions reached by the Committee?

In terms of appointing an Assembly Commissioner for Standards

• What should the role, responsibilities and powers of an Assembly Commissioner for Standards be?
• Existing Standing Orders state that the Commissioner shall not, in the exercise of any function, be subject to the direction or control of the Assembly. Is this appropriate?
• Existing Standing Orders say that the Commissioner shall not be dismissed unless – (a) the Assembly so resolves; and (b) the resolution is passed with the support of a number of members which equals or exceeds two-thirds of the total number of seats in the Assembly. Is this appropriate?
• Should the position of an Assembly Commissioner for Standards be placed on a statutory basis?
• Should an Assembly Commissioner for Standards have statutory powers?
• How should an Assembly Commissioner for Standards be appointed?
• What should be the eligibility criteria of any such appointment?
• What should be the terms and conditions of any appointment?
• Are there any other relevant issues which should be brought to the Committee’s attention in relation to the aim of the inquiry and its terms of reference?

Submission of Evidence

Ideally submissions should be submitted in MS word format by e-mail to committee.standards&privileges@niassembly.gov.uk with a single additional hard copy in the post addressed to the Clerk of Standards, at the address overleaf:

The Clerk of Standards
Room 284
Parliament Buildings
Stormont
Belfast
BT4 3XX

Responses should be submitted by Friday 18 December 2009.

Responses will be published in a report of the Committee at a later date. Written responses to the Committee should be kept confidential until published by the Committee . Further to the submission of written responses, the Committee may invite respondents to appear before it to discuss responses in further detail.

Ideally evidence should be constructed to reflect the points raised in this Issues Paper.

Please feel free to pass this on to other individuals or organisations that may have an interest in the subject.

Any further enquiries can be made to the Committee Clerk on 028 9052 0333. Information regarding the Committee can be obtained from its website

http://archive.niassembly.gov.uk/standards/2007mandate/standards.htm.

NORTHERN IRELAND ASSEMBLY’S STANDING ORDERS 57 and 69 to 69C

57. COMMITTEE ON STANDARDS AND PRIVILEGES

(1) There shall be a standing committee of the Assembly to be known as the Committee on Standards and Privileges –

(a) to consider specific matters relating to privilege referred to it by the Assembly;

(b) to oversee the work of the Clerk of Standards; to examine the arrangements for the compilation, maintenance and accessibility of the Register of Members’ Interests and any other registers of interests established by the Assembly; and to review from time to time the form and content of those registers;

(c) to consider any matter relating to the conduct of members, including specific complaints in relation to alleged breaches of the Code of Conduct which have been drawn to the committee’s attention;

(d) to recommend any modifications to the Code of Conduct;

(e) to consider any reports of the Assembly Commissioner for Standards;

(f) to perform the functions described in Standing Orders 69B and 69C;

(g) to make reports (including reports to the Assembly) on the exercise of any of its functions or any other matter listed above.

(2) The committee shall be appointed at the commencement of every Assembly and may exercise the power in section 44(1) of the Northern Ireland Act 1998.

69. MEMBERS’ INTERESTS

(1) A Register of Members’ Interests, which shall list the categories of registrable interest, shall be established, published and made available for public inspection.

(2) The Clerk of Standards shall compile, maintain and from time to time publish, the Register of Members’ Interests.

(3) Every member shall inform the Clerk of Standards of such particulars of their registrable interests as shall be required, and of any alterations to such interests within 28 days of each alteration occurring.

(4) Before taking part in any debate or proceeding of the Assembly or its committees, a member shall declare any interest, financial or otherwise, which is relevant to that debate or proceeding, where such interest is held by the member or an immediate relative.

(5) No member shall, in any proceeding of the Assembly –

(a) advocate or initiate any cause or matter on behalf of any outside body or individual; or

(b) urge any other member to do so;

in return for any payment or benefit specified in this context in the Code of Conduct.

(6) In this order –

“financial interest” means any registrable interest other than one falling within category 3 which is not remunerated, category 11 or category 12 of the Code of Conduct;

“registrable interest” means any category of registrable interest defined as such in the Code of Conduct.

69A. ASSEMBLY COMMISSIONER FOR STANDARDS

(1) There shall be an officer of the Assembly, to be known as the Assembly Commissioner for Standards, who shall upon referral –

(a) from any person of a specific complaint, in relation to alleged contravention of the Code of Conduct; and

(b) from the Clerk of Standards, in relation to any matter falling within paragraph (2);

carry out an investigation and make a report thereon to the Committee on Standards and Privileges.

(2) Those matters are –

(a) matters relating to members and Assembly privilege, including alleged breach of privilege;

(b) specific complaints about members made in relation to the registering or declaring of interests; and

(c) matters relating to the conduct of members, including specific complaints in relation to alleged contravention of the Code of Conduct.

(3) A report made under paragraph (1) shall not include any recommendation for any sanction to be imposed upon any member, other than a recommendation for rectification under Standing Order 69C.

(4) The Commissioner shall not, in the exercise of any function, be subject to the direction or control of the Assembly.

(5) The Commissioner shall not be dismissed unless –

(a) the Assembly so resolves; and

(b) the resolution is passed with the support of a number of members which equals or exceeds two-thirds of the total number of seats in the Assembly.

69B. SANCTIONS

(1) Where it appears to the Committee on Standards and Privileges that a member has failed to comply with any provision of the Code of Conduct or Standing Orders 69 to 69C, the committee may make a report to the Assembly. The report may include a recommendation that a sanction be imposed upon the member.

(2) In consideration of such a report, the Assembly may impose a sanction upon a member who has failed to comply with any of those provisions.

(3) Sanctions may include, but are not limited to –

(a) a requirement that the member apologise to the Assembly;

(b) censure of the member by the Assembly;

(c) exclusion of the member from proceedings of the Assembly for a specified period;

(d) withdrawal of any of the member’s rights and privileges as a member for that period;

and for the avoidance of doubt, the rights and privileges withdrawn under sub-paragraph (d) may include the rights to salary and allowances.

69C. RECTIFICATION

(1) Rectification under this order means –

(a) rectification of the Register of Members’ Interests, in the case of a complaint following failure by a member to register an interest in the Register;

(b) reporting and apologising to the Assembly in respect of a failure of a member to declare an interest, in the case of a complaint following that failure.

(2) The Committee on Standards and Privileges may allow rectification under this order if –

(a) the Assembly Commissioner for Standards recommends it;

(b) the failure was minor or inadvertent; and

(c) the member acknowledges the failure and either undertakes to apologise for it or has apologised for it.