Session 2008/2009

Second Report

Committee on Standards and Privileges

Report on a Complaint by
Mr Thomas Buchanan MLA against Mr Barry McElduff MLA

Together with the Report of the Interim Commissioner for Standards,
Letter of Complaint and Minutes of Proceedings of the
Committee relating to the Report

Ordered by The Committee on Standards and Privileges to be printed 2 February 2009
Report: 30/08/09R (Committee on Standards and Privileges)

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Northern Ireland Assembly, Printed Paper Office,
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Membership and Powers

1. 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 Nos. 51 and 57.

2. 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.

3. 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.

4. The membership of the Committee is as follows:

Mrs Carmel Hanna, Chairperson
Mr Willie Clarke, Deputy Chairperson[1]
Mr Allan Bresland
Mr Francie Brolly
Rev Dr Robert Coulter
Mr Jonathan Craig[2]
Mr David Hilditch
Mr Paul Maskey[3] [4]
Mr Alastair Ross[5]
Mr George Savage
Mr Brian Wilson

5. The Report and evidence of the Committee are published by the Stationery Office by order of the Committee. All publications of the Committee are posted on the Assembly’s website: (archive.niassembly.gov.uk.)

6. All correspondence should be addressed to the Clerk to the Committee on Standards and Privileges, Committee Office, Northern Ireland Assembly, Room 284, Parliament Buildings, Stormont, Belfast BT4 3XX. Tel: 02890 520333; Fax: 02890 525917; e-mail: committee.standards&privileges@niassembly.gov.uk

[1] Mr Clarke replaced Mr McHugh as Deputy Chairperson with effect from 21st January 2008.

[2] Mr Jonathan Craig replaced Mr Alex Easton as a Member of the Committee with effect from 15 September 2008.

[3] Mrs McGill replaced Mr McHugh as a Member of the Committee with effect from 28th January 2008.

[4] Mr Maskey replaced Mrs McGill as a Member of the Committee with effect from 20 May 2008.

[5] Mr Ross replaced Mr Adrian McQuillan as a Member of the Committee with effect from 29th May 2007.

Table of Contents

Report

Appendix 1:

Report by the Interim Assembly Commissioner for Standards

Appendix 2:

Letter of Complaint by Mr Thomas Buchanan MLA

Appendix 3:

Proceedings of the Committee Relating to the Report

Second Report

The Committee on Standards and Privileges has agreed to the following Report:

Complaint Against
Mr Barry Mcelduff MLA

1. The Committee on Standards and Privileges has considered a report by the Interim Assembly Commissioner for Standards into a complaint by Mr Thomas Buchanan MLA against Mr Barry McElduff MLA. The report of the Interim Assembly Commissioner for Standards and the complaint by Mr Buchanan are appended to this report.

2. The complaint referred to an article in the Strabane Chronicle on 28 August 2008 which stated that a number of post boxes in the Strabane area had been painted green as part of a campaign by Ógra Shinn Féin. In the article Mr McElduff gave his reaction to what had happened and was quoted as commending those who were involved in the campaign.

3. Mr Buchanan claimed that Mr McElduff’s comments in the newspaper article broke the Public Duty for Members as set out in ‘The Code of Conduct for Members of the Northern Ireland Assembly’. The Public Duty states that “Members have a duty to uphold the law and to act on all occasions in accordance with the public trust placed in them”.

4. The Interim Commissioner for Standards considered this complaint and advised that the deliberate defacement of property constituted vandalism. The Interim Commissioner therefore concluded that Mr McElduff’s comments were not consistent with the responsibility of Public Duty as set out in the Code.

5. The Committee agrees with the Interim Commissioner’s conclusions. The complaint is upheld and the Committee finds that Mr McElduff has failed to comply with the Code of Conduct.

6. Mr McElduff was invited to appear before the Committee and when he did so he accepted the Interim Commissioner’s report. The Committee welcomed this and Mr McElduff’s assertion to the Interim Commissioner that he does not condone vandalism.

7. The Committee recommends that Mr McElduff apologises for breaching the Code by means of a personal statement to the Assembly.

8. The Committee takes this opportunity to remind all Members about their responsibility under ‘Public Duty’ in the Assembly’s Code of Conduct.

Appendix 1

Report by the
Interim Assembly Commissioner for Standards

Appendix 2

Letter of Complaint by
Mr Thomas Buchanan MLA

Appendix 3

Proceedings of the Committee Relating
to the Report

Wednesday, 28th January 2009
Room 135, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Francie Brolly
Mr Willie Clarke
Rev Robert Coulter
Mr Jonathan Craig
Mr David Hilditch
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)

Apologies:
Mr Allan Bresland
Mr George Savage
Mr Paul Maskey

The meeting commenced at 2.00pm in public session.

2.02pm The Committee moved into closed session

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 Assembly Commissioner for Standards on a complaint against a Member.

The Chairperson welcomed Mr Tom Frawley, Interim Assembly Commissioner for Standards, and Mr John MacQuarrie, Director for Standards and Special Projects, and invited them to make a short presentation to the Committee.

After Mr Frawley and Mr MacQuarrie had left, the Committee discussed the report and agreed with its conclusions.

Two questions on the way forward were then put to the Committee. However neither proposal secured sufficient support.

3.08pm The Chairperson adjourned the meeting.

3.10pm The Committee resumed in closed session.

Agreed: Following further discussion, the Committee agreed that the Member who was the subject of the complaint be invited to come before the Committee at the next meeting.

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Wednesday, 2nd February 2009
Room 135, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Mr Willie Clarke
Rev Robert Coulter
Mr Jonathan Craig
Mr David Hilditch
Mr Paul Maskey
Mr Alastair Ross
Mr George Savage

In Attendance:
Mr Paul Gill (Assembly Clerk)
Ms Hilary Bogle (Assistant Clerk)
Miss Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apology:
Mr Brian Wilson

The meeting commenced at 10.04am in closed session.

5. Report by the Interim Commissioner for Standards on a complaint against a Member

10.10am Mr Brolly and the Reverend Coulter joined the Committee.

The Member who was the subject of the Report appeared before the Committee.

Following discussion Mr Ross, seconded by Reverend Coulter, put the proposal that the Member should make an apology to the Assembly in the Chamber.

The Chairperson put the question: that the Member should make an apology to the Assembly in the Chamber.

The Committee divided –

AYES ABSTENTIONS

Mrs Hanna Mr Francie Brolly

Mr Bresland Mr Willie Clarke

Reverend Coulter Mr Paul Maskey

Mr Craig

Mr Hilditch

Mr Ross

Mr Savage

The motion was carried.

Mr Maskey, Mr Clarke and Mr Brolly abstained as they believed a decision should be deferred until clarification was sought as to whether the Interim Assembly Commissioner for Standards had sought legal advice on matters within his report.

Agreed: The Committee agreed its Report for publication. Members further agreed that the Complainant and the Member who was the subject of the complaint should be given an advance copy of the Report.

Mr Maskey, Mr Clarke and Mr Brolly did not agree to the Report as they believed that further clarification was needed as to whether the Interim Assembly Commissioner for Standards had sought legal advice.

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