COMMITTEE ON STANDARDS AND PRIVILEGES
MINUTES OF PROCEEDINGS
WEDNESDAY, 12th NOVEMBER 2008
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 George Savage
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)
Apologies: Mr Willie Clarke
The meeting commenced at 2.05pm in public session.
Chairperson’s Introduction
The Chairperson welcomed Members to the meeting.
1. Apologies
Apology 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 5th November 2008
The draft minutes of the meeting held on 5th November 2008 were approved by the Committee.
Proposed: Rev Robert Coulter
Seconded: Mr Alastair Ross
2.06pm Mr Bresland joined the meeting.
4. Matters arising
There were no matters arising.
The Committee moved into closed session at 2.07pm.
2.07pm Mr Hugh Widdis, Director of Legal Services and Ms Kiera Duddy, Assistant Legal Adviser joined the meeting.
5. Legal advice on the issue of police enquiries into complaints against Members
Members received legal advice from the Director of Legal Services and the Assistant Legal Adviser on the issue of police enquiries into complaints against Members.
2.12pm Mr Maskey joined the meeting.
2.24pm Mr Brolly joined the meeting.
Agreed: The Committee agreed to defer further consideration of this issue until after their visit next week to the Committee for Standards and Privileges at Westminster, which would afford them the opportunity to look at how this issue is dealt with by the Westminster Committee.
A Member raised the issue of how complaints against Members would be dealt with during suspension.
Agreed: The Committee agreed that the Director of Legal Services should give consideration to this issue and provide the Committee with further advice..
The Chairperson thanked Mr Widdis and Ms Duddy.
The Committee moved into public session at 2.27pm.
6. Review of the Code of Conduct
Members noted the background paper prepared by the Clerk on Volume 3 of the Code of Conduct – ‘Declaration of Interests’.
2.43pm Mr Wilson joined the meeting.
Agreed: Members agreed that further consideration of this issue should be deferred until after the Committee’s visit to the Committee for Standards and Privileges at Westminster next week, when Members will be able to look at how they deal with this issue.
2.50pm Mr Maskey left the meeting.
2.52pm Mr Maskey returned to the meeting.
Members noted the background paper prepared by the Clerk on Advocacy in Volume 3 of the Code of Conduct.
Agreed: Members agreed that the revised wording of the rule on advocacy is not needed.
Agreed: Members agreed that an amendment should be included that would allow non-financial interests such as ‘material benefit’ to a Member to come under the parameters of this Code, including this rule.
Agreed: Members agreed that no further changes are needed to this section.
Members noted the background paper prepared by the Clerk on Volume 4 of the Code of Conduct ‘The Complaints Procedure’.
Agreed: Members agreed that the ‘complaints procedure’ should continue to form a distinct yet integral part of the Code.
Agreed: Members agreed that the admissibility criteria for complaints are sufficiently clear and reasonable.
Agreed: Members agreed that it was not necessary to consider an appeals procedure.
Agreed: Members agreed that there does not need to be an ultimate sanction of being declared unfit to serve.
Agreed: Member agreed that the Interim Commissioner should not share a draft report with the Member complained of prior to it being provided to the Committee.
Agreed: Members agreed to defer consideration of the issue of anonymity until after the Committee’s visit to the Committee for Standards and Privileges at Westminster next week. This will afford the Committee to look at how this issue is dealt with at Westminster.
Agreed: Members agreed that the Committee should be in the position to put forward a motion for the Assembly to adopt our new Code before the Christmas recess.
7. Committee visit to Westminster
Members noted the contents of the booklet which had been prepared for the visit to Westminster on 18th – 19th November 2008.
8. Correspondence
Members noted correspondence received from the Commissioner for Public Appointments.
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, 26th November 2008 at 2.00pm in Room 135 Parliament Buildings.
The Chairperson adjourned the meeting at 3.04pm.
Mrs Carmel Hanna MLA
Chairperson, Committee on Standards and Privileges.
Wednesday 26th November 2008