COMMITTEE ON STANDARDS AND PRIVILEGES
MINUTES OF PROCEEDINGS
WEDNESDAY 4 NOVEMBER 2009
ROOM 144, PARLIAMENT BUILDINGS
Present:
Mr Declan O’Loan (Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Mr Trevor Clarke
Rev Robert Coulter
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 George Savage
The meeting commenced at 1.17pm in closed session.
Chairperson’s Introduction
The Chairperson welcomed Members to the meeting.
Agreed: The Committee agreed that the meeting should be held in closed session.
1. Apologies
Apologies as above.
2. Declaration of Interests
The Chairperson reminded Members of their obligation to declare any relevant financial or other interests before and during each Committee meeting.
The Chairperson declared an interest in the second item of correspondence to be considered under Item 8.
3. Draft minutes of the meeting held on 14 th October 2009
The draft minutes of the meeting held on 14 th October 2009 were approved by the Committee.
Proposed: Mr Alastair Ross
Seconded: Rev Robert Coulter
4. Matters arising
It was agreed at the last meeting that the Clerk should write to a complainant who had made a complaint against a Member. The Clerk confirmed that having received further advice from the Interim Assembly Commissioner for Standards he had not issued this correspondence.
5. Update on the introduction of the new Code of Conduct
Agreed: The Committee agreed that the Clerk should write to the Executive Secretariat in the Office of the First Minister and deputy First Minister, highlighting the new registration requirements in respect of Ministers and requesting that the new requirements be brought to the attention of Ministers.
Agreed: The Committee agreed that membership of the Assembly as stated in the Code of Conduct extends to offices held within the Assembly – e.g. Committee Chairperson or membership of the Assembly Commission and there was therefore no requirement for Members to register these offices in the Register of Members’ Interests.
Agreed: The Committee agreed that the Clerk should liaise with the Electoral Commission to organise a presentation to Assembly Members and party staff on their legal requirements in respect of registration with the Electoral Commission.
Agreed: The Committee agreed the steps to be put in place for outstanding Members’ Interests Registration Forms as detailed in the Clerk’s Paper.
Agreed: The Committee noted that, as a result of the Advocacy Rule in the new Code being drawn to their attention, certain Members are giving consideration to the extent to which they can participate in particular proceedings.
1.25pm Mr Brolly joined the meeting.
Agreed: The Committee agreed the suggested handling arrangements for correspondence received by the Interim Assembly Commissioner for Standards (Commissioner), as set out in the Clerk’s Paper. The Committee further agreed that the Clerk should write to the Commissioner detailing the handling arrangements.
Agreed: The Committee agreed that the Clerk should seek clarification from the Electoral Commission on a further issue in relation to the requirement to register election support and political donations.
Agreed: The Committee agreed that those Members who are also councillors or MPs, or indeed who hold any other public office, should not have to register overseas visits which are taken in this capacity and which are paid for wholly from public funds by the body in which they hold that office.
Agreed: The Committee agreed that while Members must register services (above the threshold) provided by family members or anyone else without charge or at a discount of more than 10% of the normal commercial value, there is no requirement to do this where there is no realistic expectation that such services might otherwise be provided commercially.
Agreed: The Committee agreed that Members registering elected or public offices under category 3 should only have to register the amount of hours where the elected or public office is remunerated.
1.47pm Mr Maskey left the meeting
1.48pm Mr Clarke left the meeting.
6. Correspondence
Members noted correspondence from the Speaker acknowledging the Chairperson’s letter re: the need for a Member to satisfy him/herself that all necessary statutory approvals are in place before entering into a lease for premises to be used as a constituency office.
Agreed: Members noted correspondence from the Northern Ireland Ombudsman to the Chair inviting him to attend the celebrations of the 40 th Anniversary of the creation of the Northern Ireland Ombudsman’s Office and agreed that the Chairperson should attend the celebrations.
Members noted correspondence from the British Medical Association re BMA Policy Document.
7. Any other business
There was no other business.
8. Correspondence from the Interim Assembly Commissioner for Standards
Members noted the contents of the Clerk’s Paper.
2.00pm Mr Buchanan joined the meeting.
2.01pm Mr Frawley and Mr MacQuarrie joined the meeting.
The Chairperson welcomed Mr Tom Frawley, Interim Assembly Commissioner for Standards and Mr John MacQuarrie, Director for Standards and Special Projects, Ombudsman’s Office. The Chairperson invited Mr Frawley to address the Committee on the correspondence received from him in respect of the complaints made against the first Member.
2.06pm Mr Maskey returned to the Committee
2.23pm Mr Brolly left the meeting.
The Chairperson thanked Mr Frawley and Mr MacQuarrie.
2.37pm Mr Frawley and Mr MacQuarrie left the meeting.
Agreed: The Committee agreed to seek legal advice on the issue.
2.56pm The Chairperson left the meeting as he had expressed an interest in the second piece of correspondence from the Commissioner and Mr Willie Clarke, Deputy Chairperson took the Chair.
2.58pm Mr Frawley and Mr MacQuarrie re-joined the meeting.
The Deputy Chairperson welcome Mr Frawley and Mr MacQuarrie back to the meeting and asked Mr Frawley to address the Committee on the correspondence received from him in respect of the second complaint against a Member.
3.10pm Mr Frawley and Mr MacQuarrie left the meeting.
Agreed: The Committee agreed that the complaint should be forwarded to the Commissioner for investigation.
9. Time, date and place of next meeting
The next meeting will take place at 1.15pm on Wednesday 18 th November 2009 in room 144, Parliament Buildings. Lunch will be available from 1.00pm.
The Temporary Chairperson adjourned the meeting at 3.22pm.