COMMITTEE ON STANDARDS AND PRIVILEGES
MINUTES OF PROCEEDINGS
WEDNESDAY, 5th NOVEMBER 2008
ROOM 135, PARLIAMENT BUILDINGS
Present:
Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Rev Robert Coulter
Mr Willie Clarke
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)
Miss Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)
Apology:
Mr Francie Brolly
Mr George Savage
The meeting commenced at 2.02pm in public session.
Chairperson’s Introduction
The Chairperson welcomed Members to the meeting.
1. Apologies
Apologies are detailed above.
2. Declaration of Interests
The Chairperson reminded Members of their obligation to declare any relevant pecuniary or other interests before and during each Committee meeting.
3. Draft minutes of the meeting held on 15 th October 2008
The draft minutes of the meeting held on 15 th October 2008 were approved by the Committee.
Proposed: Mr Willie Clarke
Seconded: Mr Allan Bresland
4. Matters arising
The Clerk provided an update on the position of voting with an undeclared interest and the provision of legal advice. Members noted that this would be discussed in detail at the next meeting.
The Committee moved into closed session at 2.05pm.
2.05pm Mr MacQuarrie joined the meeting
5. Report by the Interim Commissioner for Standards on a complaint against a Member
Members noted the contents of the Report received from the Interim Commissioner for Standards on a complaint against a Member.
The Chairperson welcomed Mr MacQuarrie, Deputy Ombudsman and invited him to make a short presentation to the Committee.
2.16pm Reverend Coulter joined the meeting
2.16pm Mr Maskey left the meeting
2.17pm Mr Maskey returned to the meeting
The Chairperson thanked Mr MacQuarrie.
2.21pm Mr MacQuarrie left the meeting.
Agreed: Members agreed that the Clerk should write to the Member concerned and the complainant to advise them that the Interim Commissioner has considered this matter and does not believe it should be accepted for detailed investigation. Furthermore, that the Committee on Standards and Privileges has considered the Interim Commissioner’s advice and agrees that the complaint does not warrant any further investigation.
Agreed: Following discussion, Members agreed that the current practice of having Reports from the Interim Commissioner for Standards on complaints against Members available immediately before Committee meetings should continue.
The Committee moved into public session at 2.21pm.
6. Review of the Code of Conduct
Members noted the background paper prepared by the Clerk on Category 4, Volume 3 of the Code of Conduct – ‘Electoral Support and Political Donations’.
Agreed: Members agreed that the title ‘Electoral Support and Political Donations’ be agreed for this section of the Register.
Agreed: Members agreed that the guidance is clear on what a Member needs to register but that a specific reference needs to be made to the issue of loans.
2.25pm Mr Maskey left the meeting
Agreed: Members agreed that the levels of financial and material support required for registration are set at an appropriate level.
2.27pm Mr Maskey returned to the meeting
Agreed: Members agreed that an additional sentence should be added to this category stating that Members should not accept the use of council premises which would amount to a donation in kind of more than £200 per booking.
Agreed: Members agreed that a single point for the registration of interests is unachievable at present.
Agreed : Members agreed that donations made to Members of the Assembly in relation to leadership contests within their own parties should be registered.
Agreed: Members agreed that the wording in relation to the scope of political donations to be registered should be ‘any financial or material benefit’ received by a Member ‘in support of his or her role as a Member of the Northern Ireland Assembly’.
Members noted the background paper prepared by the Clerk on Categories 5 - 7, Volume 3 of the Code of Conduct - registration of gifts, benefits and hospitality; overseas visits; and overseas benefits and gifts.
Agreed: Members agreed that gifts/benefits/hospitality above 0.5% of a Member’s current salary should be registered, and that this should also be expressed as a figure (currently £216) within the Code.
Agreed: Members agreed that the exemptions set out in the paper at a, b and c are reasonable.
Agreed: Members agreed that the exemptions for overseas benefits are reasonable.
Agreed: Members agreed that the value below which overseas visits should be exempt should be consistent with the value below which gifts are exempt.
Agreed: Members agreed that the value below which overseas benefits and gifts should be exempt should be consistent with the categories on UK gifts and overseas visits.
Agreed: Members agreed that overseas benefits and gifts to dependent children should be registered.
Members noted the background paper prepared by the Clerk on Categories 8 – 10, Volume 3 of the Code of Conduct - Land and Property, Shareholdings and Unremunerated Interests.
Agreed: Members agreed that the wording of this category should have included the words ‘which is of a substantial value’.
Agreed: Members agreed that any land or property owned by a Member jointly with a third party (e.g. with his/her partner) which is of a substantial value or which contributes to a substantial income should have to be registered.
Agreed: Members agreed that the definitions of ‘substantial value’ and ‘substantial income’ are reasonable.
Agreed: Members agreed that identifiable shareholdings of a registrable value which are held within a trust or personal pension plan should also be registered.
Agreed: Members agreed category 10 ‘Unremunerated and Miscellaneous Interests’ as set out in the consultation document.
Members noted the background paper prepared by the Clerk on Category 11, Volume 3 of the Code of Conduct – ‘Employment of Family Members’.
Agreed: Members agreed that it is reasonable to require the registration of employment of a family member, e.g. spouse, when that relationship ends but the employment continues.
Agreed: Members agreed that a reasonable level above which payment to a family member employed on a casual basis or employed for work experience should be registered is if it is more than 1% of a Member’s salary (currently £435).
Agreed: Members agreed that it is reasonable to expect that Members should have to state if they employ family members of other MLAs.
Agreed: Members agreed that there should be a requirement for Members to register family members who are paid through the Office Cost Allowance for the rental of office accommodation.
Agreed: Members agreed that it should be made clearer in the Register of Members’ Interests that Category 11 on family members does not relate to interests in the sense of a financial or other material benefit that a Member receives which might reasonably be thought by others to influence his or her actions as an MLA.
7. Committee visit to Westminster
Agreed: Members noted and agreed the draft Programme for the visit.
8. Input to the Assembly Commission’s Annual Report
Agreed: Members noted and agreed the Committee’s input to the Assembly Commission’s Annual Report.
9. Any other business
There was no other business.
10. Date, time and place of next meeting
The next meeting will be held on Wednesday, 12th November 2008 at 2.00pm in Room 135 Parliament Buildings.
The Chairperson adjourned the meeting at 2.55pm.