Northern Ireland Assembly Flax Flower Logo
Session 2007/2008
Second Report

COMMITTEE ON STANDARDS AND PRIVILEGES

Consultation on Proposed Amendments to the Northern Ireland Assembly Code of Conduct and the Guide to the Rules Relating to the Conduct of Members

TOGETHER WITH THE MINUTES OF PROCEEDINGS RELATING TO THE REPORT

Ordered by Committee on Standards and Privileges to be printed 12 May 2008
Report: 32/07/08R (Committee on Standards and Privileges)

This document is available in a range of alternative formats.
For more information please contact the
Northern Ireland Assembly, Printed Paper Office,
Parliament Buildings, Stormont, Belfast, BT4 3XX
Tel: 028 9052 1078

Committee Powers and Membership

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. 48 and 52.

2. The Committee has power:

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 Alex Easton
Mr David Hilditch
Mrs Claire McGill 2
Mr Alastair Ross 3
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

Table of Contents

Report
Background and Issues Considered by the Committee
Structure
Volume 1: Personal Conduct
Volume 2: The Code of Conduct
Volume 3: The Guide to the Rules Relating to the Conduct of Members

Introduction

Registration of Members’ Interests

The Categories of Registrable Interest

Declaration of Members’ Interests

The Rule Banning Lobbying for Reward or Consideration

Volume 4: Complaints Procedure

Appendices

Appendix 1
Minutes of Proceedings of the Committee Relating to the Report

Appendix 2
Proposed Revisions to the Code of Conduct and the Guide to the Rules Relating to the Conduct of Members

Second Report

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

Consultation on Proposed Amendments to the Northern Ireland Assembly “Code of Conduct and the Guide to the Rules Relating to the Conduct of Members”

Background

1. The Northern Ireland Assembly Committee on Standards and Privileges is responsible for:

2. The Northern Ireland Assembly approved “The Code of Conduct” and “The Guide to the Rules Relating to the Conduct of Members” on 14 December 1999 and was subsequently amended on 15 October 2001.

3. Although the previous Assembly Committee on Standards and Privileges conducted a review of “The Code of Conduct” and “The Guide to the Rules Relating to the Conduct of Members” in 2002, amendments proposed by that Committee were not implemented due to suspension of the Assembly.

4. The current Committee on Standards and Privileges agreed on 5th September 2007 that it should conduct a comprehensive review of “The Code of Conduct” and “The Guide to the Rules Relating to the Conduct of Members”. The Committee subsequently agreed that it would be appropriate to consult widely on any changes that the Committee might propose to the Code and Guide.

Issues Considered by the Committee

5. In this review the Committee considered a range of issues with a view to expanding the Code and Guide where necessary and proposed a series of amendments to ensure greater transparency in respect of registration of interests. These include expanding on the principles of public life that underpin adherence to the Code and significant changes to the categories of registrable interest including a new category on employment of MLAs’ family members.

6. The Committee would welcome the views of Members and others on the proposals contained in this Consultation Report. Following any representations that may be made, the Committee will review the proposals and will make a further Report to the Assembly. Any comments should be submitted to the Committee Clerk not later than noon on the 4th August 2008.

7. The existing “Code of Conduct together with The Guide to the Rules Relating to the Conduct of Members” is reproduced at Appendix 2. This version indicates where the changes have been proposed by the Committee.

8. To inform the Committee and to assist in their deliberations research has been undertaken to identify codes of ethical standards and conduct in public life. Members particularly noted the codes approved by the House of Commons, the Scottish Parliament, the National Assembly for Wales and Dáil Éireann.

Structure

9. The Committee considered proposals to restructure the Code. One of the main issues for discussion in respect of this was the difficulty for complainants to delineate between the Code proper and the principles that underpin it. The proposed changes therefore restructure the Code into four distinct volumes.

Volume 1: Introduction and
Principles of Conduct

The Committee proposed that Volume 1 should be comprised solely of a section on Personal Conduct. The seven principles of conduct in public life which were annunciated by the Nolan Committee on Standards in Public Life in 1995 (“the Nolan Principles”) were discussed at length and the Commitee concluded that these should be expanded to include Public Duty, Respect, Equality, Working Relationships and Promoting Community Relationships.

Volume 1
Personal Conduct

Members shall observe the following principles of conduct which are based upon the general principles of conduct identified by the Committee on Standards in Public Life as applying to holders of public office:

Public Duty

Members have a duty to uphold the law and to act on all occasions in accordance with the public trust placed in them.

Members have a general duty to act in the interests of the community as a whole.

Members have a special duty to their constituents and are responsible to the electorate who are the final arbiter of their conduct as public representatives.

Selflessness

Members should take decisions solely in terms of the public interest. They should not act in order to gain financial or other material benefits for themselves, their family, their friends or associates.

Integrity

Members should not place themselves under any financial or other obligation to outside individuals or organisations which might reasonably be thought by others to influence them in the performance of their duties as a Member of the Northern Ireland Assembly.

Objectivity

In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, Members of the Northern Ireland Assembly should make choices on merit.

Accountability

Members are accountable for their decisions and actions to the people of Northern Ireland and must submit themselves to whatever scrutiny is appropriate to their office.

Openness

Members should be as open as possible about the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.

Honesty

Members should act honestly. They have a duty to declare any private interests relating to their public duties. Members should take steps to resolve any conflicts between their private interests and public duties at once and in a way that protects the public interest.

Leadership

Members should promote and support these principles by leadership and example in order to establish and maintain the trust and confidence of the people of Northern Ireland, and to ensure the integrity of the Northern Ireland Assembly and its Members in conducting business.

Respect

It is acknowledged that the exchange of ideas, and opinions on policies may be robust but this should be kept in context and not extend to individuals being subjected to unreasonable and excessive personal attack. Members should keep in mind that rude and offensive behaviour may lower the public’s regard for, and confidence in, Members and the Assembly itself. Members should therefore show respect and consideration for others at all times.

Equality

Members should promote equality of opportunity and not discriminate against any person by treating people with respect regardless of race, age, religion, gender, sexual orientation, disability, political opinion, marital status and whether or not a person has dependents.

Working Relationships

Members should work responsibly with other Members of the Assembly for the benefit of the whole community. Members must treat other Members and the staff of other Members with courtesy and respect. Members must abide by the Assembly Standing Orders and should promote an effective working environment within the Assembly.

The relationship between Members and Assembly staff must at all times be professional, courteous and based on mutual respect. This also applies to contract staff at the Assembly.

Promoting Good Relations

Members will act in a way that is conducive to promoting good relations by providing a positive example for the wider community to follow by acting justly and promoting a culture of respect for the law.

Q1: The Committee has expanded upon the Nolan Principles to include Respect, Equality, Working Relationships and Promoting Good Relations. Do these, and the original seven principles, encapsulate the general principles of conduct to be expected of elected public representatives?

Q2: In the paragraph on ‘Public Duty’ do the three points sufficiently reflect the fundamental elements which constitute ‘Public Duty’?

Q3: Is there a need to refer specifically to legislation in the paragraph on ‘Equality’ e.g. Section 75?

Volume 2: The Code of Conduct for
Members of the Northern Ireland Assembly

The Committee also gave consideration to the content of Volume 2 and concluded that this should provide guidance on the Code proper and include the Purpose of the Code, Scope of the Code, reemphasis on Public Duty, the Rules of the Code of Conduct, and Duties in respect of the Interim Assembly Commissioner for Standards.

Volume 2
The Code of Conduct for Members of the Northern Ireland Assembly

Purpose of the Code

The purpose of the Code of Conduct of the Northern Ireland Assembly (‘the Code’) is to assist Members in the discharge of their obligations to the Assembly, their constituents and the public at large.

The Code aims to:

Scope

It is important to note that this Code aims to cover the conduct of all Members with respect to their duties as an elected Member of the Northern Ireland Assembly. However, it does not cover the conduct or activities of Members in any other capacity, for example:

It is also important to understand that the obligations of Members detailed in this Code are complementary to those that apply to all Members by virtue of the procedural and other rules of the Assembly including the rulings of the Speaker.

Public Duty

Members have a duty to uphold the law and to act on all occasions in accordance with the public trust placed in them.

Members have a general duty to act in the interests of the community as a whole.

Members have a special duty to their constituents and are responsible to the electorate who are the final arbiter of their conduct as public representatives.

Rules of the Code of Conduct

Members should base their conduct on a consideration of the public interest, avoid conflict between personal interest and the public interest and resolve any conflict between the two, at once, and in favour of the public interest.

Members should at all times conduct themselves in a manner which will tend to maintain and strengthen the public’s trust and confidence in the integrity of the Assembly and never undertake any action which would bring the Northern Ireland Assembly into disrepute.

The acceptance by a Member of a bribe to influence his or her conduct as a Member, including any fee, compensation or reward in connection with the promotion of, or opposition to, any Bill, Motion, or other matter submitted, or intended to be submitted to the Assembly, or to any Committee of the Assembly, is contrary to law. Any Member who is offered a bribe as described above should refer the matter to the appropriate authority and to the Committee on Standards and Privileges.

Members should fulfil conscientiously the requirements of the Assembly in respect of the registration of interests in the Register of Members’ Interests and shall always draw attention to any relevant interest in any proceeding of the Assembly or its Committees, or in any communications with Ministers, Government Departments or Executive Agencies.

In any activities with, or on behalf of, an organisation with which a Member has a financial relationship, including activities which may not be a matter of public record such as informal meetings and functions, he or she must always bear in mind the need to be open and frank with Ministers, Members and officials.

No Member shall act as a paid advocate in any proceeding of the Assembly.

No improper use shall be made of any payment or allowance made to Members for public purposes and the administrative rules applying to such payments, allowances and resources must be strictly observed.

Members shall at all times observe and comply with any guidance or instructions of any kind approved by the Assembly, or issued by the Assembly Commission or Assembly Directorates on its behalf or with its authority.

Members must bear in mind that information which they receive in confidence in the course of their Assembly duties should be used only in connection with those duties, and that such information must never be used for the purpose of financial gain.

Duties in respect of the Interim Assembly Commissioner for Standards and the Committee on Standards and Privileges

The application of this Code shall be a matter for the Assembly, and for the Committee on Standards and Privileges and the Interim Assembly Commissioner for Standards.

Members shall co-operate at all times with any investigation into their conduct by or under the authority of the Assembly. Any substantiated allegation of non-compliance with an investigation will constitute a breach of the Code of Conduct. A Member found to have not complied with an investigation will be subject to the appropriate sanction outlined in paragraph 29 of the complaints procedure.

No Member shall lobby a member of the Committee on Standards and Privileges, or the Interim Assembly Commissioner for Standards in a manner calculated or intended to influence their consideration of a complaint alleging a breach of this Code.

Q4: Is the Purpose of the Code clear?

Q5: Is the ‘Scope’ of the Code clear? Do the ‘duties’ referred to in the first line need to be defined?

Q6: Should ‘Public Duty’ form part of this volume given it is proposed as one of the principles of the Code?

Q7: Are these rules comprehensive, given the role of an MLA?

Q8: Are the ‘Rules of the Code’ sufficiently unambiguous to allow a Member to make an informed judgment in respect of his/her conduct?

Q9: Is more guidance required to indicate what would be considered an acceptable level of compliance by a Member with the Interim Commissioner’s investigation? For example, do response times for correspondence with the Interim Commissioner need to be established?

Volume 3: The Guide to the Rules
Relating to the Conduct of Members

The Committee agreed that the Guide to the Rules Relating to the Conduct of Members should constitute Volume 3 of the Code and be comprised of an Introduction, Registration of Members’ Interests, the Categories of Registrable Interests, Declaration of Members’ Interests, and the Rule Banning Lobbying for Reward or Consideration.

Volume 3
The Guide to the Rules relating to the Conduct of Members

Introduction

1. The purpose of this Guide is to assist Members in discharging the duties placed upon them by the Code of Conduct agreed by the Assembly. It replaces the Guide approved by a Resolution of the Northern Ireland Assembly on the 14 December 1999 and amended on 15 October 2001. The rules within this Guide derive their authority from a Resolution of the Northern Ireland Assembly and are therefore enforceable by the Northern Ireland Assembly.

2. No written guidance can provide for all circumstances and the examples provided do not therefore constitute an exhaustive list. When in doubt Members should seek the advice of the Clerk of Standards who, if necessary, will seek adjudication from the Committee on Standards and Privileges.

3. The Guide is divided into four Sections dealing with (1) Registration of Interests (paragraphs 7 to 17); (2) the Categories of Registrable Interests (paragraph 18 to 63); (3) Declaration of Interests (paragraphs 64 to 76); (4) the Rule Banning Lobbying for Reward or Consideration (paragraphs 77 to 88).

4. The Code of Conduct provides a framework within which acceptable conduct should be judged and to assist Members in the discharge of their obligations to the Assembly, their constituents and the public at large. This Guide contains guidelines (paragraphs 77 to 88) to assist Members in applying the rule banning lobbying for reward or consideration. Paragraph 88 deals with the conflict of interest that may arise when a Member holding a relevant financial interest takes part in a delegation involving the source of that interest

5. The Assembly has two distinct but related methods for the disclosure of the personal financial interests of its Members: registration of interests in a Register which is open for public inspection; and declaration of interest in the course of making a speech or asking questions in the Assembly chamber or in Committee, or participation in any other proceedings of the Assembly.

The main purpose of the Register is to give public notification on a continuous basis of those financial interests held by Members which might be thought to influence their conduct in carrying out their Assembly duties.

The main purpose of declaration of interest is to ensure fellow Members of the Assembly and the public are made aware, at the appropriate time when a Member is making a speech or asking questions, written or oral, in the Assembly chamber or in Committee or participating in any other proceedings of the Assembly, of any past, present or expected future financial interest, direct or indirect, which might reasonably be thought to be relevant to those proceedings.

6. Northern Ireland Ministers and junior Ministers are subject to the rules of registration, declaration and lobbying in the same way as other Members. Ministers are also subject to the Ministerial Code in order to ensure that no conflict arises, nor appears to arise, between their private interests and their public duties. These requirements will not be enforced by the Assembly. Queries in respect of the Ministerial Code should be directed to the Office of the First and deputy First Minister.

Registration of Members’ Interests

7. The rules within this Guide derive their authority from a Resolution of the Northern Ireland Assembly {date of Resolution} and are therefore enforceable by the Northern Ireland Assembly. It replaces the Guide approved by a Resolution of the Northern Ireland Assembly on the 14 December 1999 and amended on 15 October 2001. Under this Resolution of {date of Resolution} Members are required to register their financial interests in a Register of Members’ Interests. The duty of compiling the Register rests with the Clerk of Standards.

Definition of the Register’s Purpose

8. The main purpose of the Register of Members’ Interests is to provide information of any financial interests or other material benefit which a Member receives which might reasonably be thought by others to influence his or her actions, speeches or votes in the Assembly, or actions taken in his or her capacity as a Member of the Northern Ireland Assembly. Provision is also made for the registration of non-financial interests and other such information as the Assembly may from time to time require to be included. The registration form specifies eleven categories of registrable interests which are described below. Apart from the specific rules, there is a more general obligation upon Members to keep the overall definition of the Register’s purpose in mind when registering their interests.

Duties of Members in Respect of Registration

9. After an election of the Assembly, Members are required to complete a registration form and submit it to the Clerk of Standards within three months of taking their seats in accordance with Standing Orders. For Members returned at a by-election the time limit is also three months from the date on which they take their seats. Members taking their seats in accordance with section 35 of the Northern Ireland Act 1998 must also complete a registration form within three months of taking their seats. After the initial publication of the Register, (or, in the case of Members returned at by-elections or in accordance with section 35 of the Northern Ireland Act 1998, after their initial registration) it is the responsibility of Members to notify changes in their registrable interests within four weeks of each change occurring in accordance with Standing Orders.

10. Any Member having a registrable interest which has not at the time been registered, shall not undertake any action, speech or proceeding of the Assembly to which the registration would be relevant until notification has been given to the Clerk of Standards of that interest. Members should also consider whether it is appropriate to vote in such circumstances.

11. The sole responsibility for complying with the duties placed upon them by this Guide rests with Members. Members may at any time seek the advice and guidance on the registration and declaration of interests.

12. Failure to register an interest is a breach of section 43 of the Northern Ireland Act 1998. Should a complaint be received in respect of failure to register an interest, and this is not subject to amendment in accordance with the Rectification Procedure, and this is confirmed by the Interim Commissioner following investigation, it will be referred to the PPS by the Committee on Standards and Privileges.

Q10: In paragraph 10 the Committee proposed that a Member ‘should also consider whether it is appropriate to vote in such circumstances’. Is it reasonable to give the Member this discretion?
Publication and Public Inspection

13. The Register is published soon after the beginning of a new Assembly, under the authority of the Committee on Standards and Privileges. The Register will be published in electronic format on the Assembly’s website. Hard copies will be retained by the Clerk of Standards and the Assembly Library. The Register is available for public inspection in the Office of the Clerk of Standards. Hard copies will be made available upon request.

14. At the discretion of the Clerk, copies of individual entries in the Register may be supplied on request. However, the employment agreements deposited with the Clerk which relate to registered interests (paragraph 26) are available for personal inspection only.

Adding and Deleting Interests

15. A Member may request in writing that his/her entry in the Register of Interests is amended.

16. Where this involves adding an interest the Member must lodge a written notice with the Clerk of Standards. The Member must indicate the nature of the interest, the category under which it should be registered, and the date at which the interest was acquired.

17. Where a Member wishes to have a ceased interest removed from the Register the Member must lodge a written notice with the Clerk of Standards identifying the ceased interest and giving the date that it became a ceased interest. The Clerk of Standards will amend the Member’s entry to record the relevant interest as a ceased interest, the date it became a ceased interest and the date on which the amendment was made in the Register. Not less than 12 months after the notice is lodged the Clerk of Standards will further amend the Register by deleting the interest and sending a copy of the amended entry to the Member.

The Categories of Registrable Interest

Category 1

Directorships: Remunerated directorships in public and private companies including directorships which are individually remunerated, but where remuneration is paid through another company in the same group.

18. In this Category, and in others, “remuneration” includes not only salaries and fees, but also the receipt of any taxable expenses, allowances, or benefits, such as the provision of a company car. It is necessary to register the name of the company in which the directorship is held and to give a broad indication of the companies business, where that is not self-evident from its name. In addition to any remunerated directorships, a Member is also required to register any directorships he or she holds which are themselves unremunerated but where the companies in question are associated with, or subsidiaries of, a company in which he or she holds a remunerated directorship. Otherwise, Members are not required to register unremunerated directorships (see Category 10).

19. Companies which have not begun to trade or which have ceased trading need not be registered, either under this Category or under Category 9 (shareholdings). “Not trading” should, however, be interpreted in a strict sense; if a company is engaged in any transaction additional to those required by law to keep it in being, then a remunerated directorship in that company should be registered. If a Member wishes to register a directorship in a company which is not trading the Member should make the position clear by adding the words “not trading” after the name of the company.

20. Any provision to clients of services which depend essentially upon, or arise out of, the Member’s position as a Member of the Northern Ireland Assembly should be registered under this Category.

21. All clients to which personal services are provided should be listed together with the nature of the client’s business in each case. Where a Member receives remuneration from a company or partnership engaged in consultancy business which itself has clients, the Member should list any of those clients to whom personal services or advice is provided, either directly or indirectly.

22. The types of services which are intended to be covered here include those connected with any Assembly proceeding, or other services relating to membership. A Member who has clients in a non-Assembly professional capacity (for example as a doctor, solicitor or accountant) is not required to register those clients, provided it is clear beyond doubt that the services which are being provided do not arise out of or relate in any manner to membership of the Assembly.

Category 2

Remunerated Employment, Office, Profession, etc: Employment, office, trade, profession or vocation which is remunerated or in which the Member has any pecuniary interest.

23. All employment outside the Assembly and any sources of remuneration which do not fall clearly within any other Category should be registered here. When registering employment, Members should not simply state the employer company and the nature of its business, but should also indicate the nature of the post which they hold in the company or the services for which the company remunerates them. Members who have paid posts as consultants or advisers should indicate the nature of the consultancy, for example “management consultant”, “legal adviser”, “public affairs consultant”.

24. Members who have previously practised a profession may wish to register that profession under this Category with a bracketed remark such as “[non-practising]” after the entry. This is particularly desirable in cases of sleeping partnerships and where it is likely that the Member will resume the profession at a later stage.

25. Where the remunerated employment involves any provision to clients of services which depend essentially upon, or arise out of, the Member’s position as a Member of the Northern Ireland Assembly but is not as a result of a remunerated Directorship (Category 1) it should be registered under this Category. If this is the case, the requirements under paragraphs 21 and 22 also apply to this category.

Q11. The provisions of Category 3 have been incorporated into Categories 1 and 2. Is this an appropriate amalgamation or should a separate category on Clients be maintained?
Employment Agreements

26. Members should deposit certain employment agreements with the Clerk of Standards. Any Member who has an existing agreement or proposes to enter into an agreement which involves the provision of services in his or her capacity as a Member of the Northern Ireland Assembly should:

a) ensure, that the agreement does not breach the rule banning lobbying for reward or consideration (see paragraphs 77 - 88);

b) put any such agreement in written form;

c) deposit a full copy of the agreement with the Clerk of Standards. The agreement should indicate the nature of the services to be provided and specify the fees or benefits the Member is to receive in bands of (1) up to £1,000; (2) £1,001 to £5,000; (3) £5,001 to £10,000 (and thereafter in bands of £5,000).

d) make the appropriate entry in the Register of Members’ Interests; and

e) declare the interest when it is appropriate to do so (see paragraphs 64 - 76).

Deposited agreements may be inspected in the Office of the Clerk of Standards. The terms of the Resolution of the Assembly do not permit the taking of copies.

27. The requirement for employment agreements to be put in writing will apply principally to any arrangement whereby a Member may offer advice about Assembly matters. It should also include frequent, as opposed to merely occasional, commitments outside the Northern Ireland Assembly which arise directly from membership of the Assembly. For example, a regular, paid newspaper column or television programme would have to be the subject of a written agreement, but ad hoc current affairs or news interviews or intermittent panel appearances would not.

28. A regular paid newspaper column, or regular contribution to a radio or television programme, need not be the subject of a written agreement if its subject is wholly unrelated to Assembly or public affairs (e.g. a sports column).

29. Disclosing remuneration for Assembly services separately from remuneration for other services would be justified only in exceptional circumstances; e.g. where the Assembly services are separately identifiable and form only a small proportion of the services as a whole. In any such case the entry in the Register should make it clear that the remuneration is for Assembly services as part of a wider agreement.

The Committee discussed the requirement for MLAs to be more transparent in relation to all the elected or public offices that they hold. The Committee acknowledged that while such interests could be registered under category 10 (Miscellaneous) it was agreed that Members required clearer guidance and, in the interests of transparency, a separate category should be established.

Category 3

Elected/Public Office: Members are required to register their membership of all elected and public offices whether it is remunerated or not, or if expenses only are payable.

30. Membership of all public offices, including Membership of the United Kingdom Parliament, Dáil, Seanad Eireann, the European Parliament or ministerial office must be declared. The only office that is not necessary to register is Membership of the Northern Ireland Assembly.

31. Membership of all public bodies, including acting in a voluntary capacity or in a public body, e.g. city, district or borough councils, education and library boards, health and social services board or health trusts, boards of governors of schools, other non departmental public bodies, etc must be registered.

Q12: Is it reasonable to expect that all public offices held by a Member, other than membership of the Northern Ireland Assembly, should be registered?

Category 4

The Committee considered the renaming of Category 4 (Sponsorships) in light of the potential confusion regarding the definition of ‘sponsorship’ in the Political Parties, Elections and Referendums Act 2000 where it refers to paying for conferences, events or publications. It does not extend to all benefits received. The Committee therefore proposed renaming this category “Election Support and Political Donations”.

The Committee was aware of the potential implications of the Political Parties, Elections and Referendums Act 2000 on the Code and Guide and has been working with the Electoral Commission to ensure convergence where possible between the Assembly’s Register of Interests and the Electoral Commission’s Register. Currently there is a dual obligation to register certain interests in not only the Assembly’s Register of Interests but also with the Electoral Commission. The Committee and the Commission recognise the potential to establish a single point of registration for Members to reduce bureaucracy and streamline the registration of interests.

However, while the Assembly’s Register is a public document the Commission’s register is not and the information it contains is confidential. Therefore, instead of a focus on transparency, the Commission’s register is concerned with ensuring that political donations come from permissible donors. While discussions are proceeding with the Electoral Commission on how to best achieve a single point of registration, the Committee thought it best not to delay the wider consultation process on the revised Code.

The Committee therefore proposed that the Category should read as follows:

Category 4

Electoral Support and Political Donations: Members are required to register under this category:

a) any donations received by a Member’s constituency party or association, or relevant grouping of associations, which is linked either to candidacy at an election or to membership of the Northern Ireland Assembly; and

b) any other form of financial or material support as a Member of the Assembly amounting to more than £1000 from a single source, whether as a single donation or as multiple donations of more than £200 during the course of the calendar year.

However, donations made directly to a constituency party as an expression of general political support, not linked to the Member’s candidacy or membership of the Assembly, should not be registered.

32. This Category deals with financial donations or other forms of support from a ‘single source’ which in this context means from a company, trade union, professional body, trade association, other organisation or individual. Subsection (b) relates to other forms of support, which is interpreted to cover any regular or continuing support from companies, organisations or individuals from which the Member receives any financial or material benefit in support of his or her role as a Member of the Northern Ireland Assembly. Members should register any specific forms of support which they receive irrespective of whether this includes personal payment. If a company is a donor the nature of its business should be indicated.

33. Political donations which Members are required to report to the Electoral Commission should be entered under this Category unless -

a) it would be more appropriate to enter them under another Category, such as Category 5 (Gifts, Benefits and Hospitality (UK) or Category 6 (Overseas Visits);

or

b) they are exempt from registration.

Such donations would not fall within the exemption to disclosure recommended by the Committee on Standards in Public Life [4] Blind Trusts may not be used as a means for avoiding disclosure of individual donations.[5]

34. Members should register non-cash donations. These are defined as goods or services given to a holder of elective office without charge or at a discount of more than 10% of the normal commercial value. This might for example include the provision of services of a research assistant or secretary whose salary, in whole or in part, is met by an external organization or individual.

35. The provision of free or subsidised accommodation for the Member’s use, other than accommodation provided solely by the constituency party, should be registered, as appropriate, either in this section or under Category 5 “Gifts, benefits and hospitality”; except that accommodation provided by a local authority at no cost, or at a subsidised cost, to a Member for the sole purpose of holding constituency surgeries is exempt from registration.

In relation to this last point the Committee acknowledged that a local council is not a permissible donor under PPERA and therefore MLAs should not accept any benefits in kind from councils in connection with their political activities. However, recognising that the use of council maintained rooms for surgeries is common practice and not wishing to discourage elected representatives from having contact with their constituents the Committee will explore with the Electoral Commission what the best way is to preserve this practice within the constraints of the existing legislation.

Q13: Does this title adequately reflect the registration requirements of the category?
Q14: Does the guidance provide clarity on what the Member needs to register?
Q15: Are the levels of financial and material support required for registration set at an appropriate level? If not what level would be appropriate and why?
Q16: Should a Member have to register the use of council maintained rooms for scheduled constituency surgeries?
Q17: Should there be a single point for the registration of interests rather than the current need for dual reporting?
Q18: Donations to individuals taking part in party leadership contests at a national level have come under public scrutiny. Should donations made to Members of the Assembly in relation to leadership contests within their political parties be registered?

The Committee also seeks comment on the following:

Within the PPERA legislation the definition of reportable donations is tied in with the idea of ‘political activities’. The Electoral Commission has generally interpreted this phrase broadly to encompass party political as well as governmental and legislative activity. The Committee seek comment on whether the requirement to report donations received by an MLA ‘in support of his or her role’ as an MLA is analogous to the PPERA definition of ‘political activities’.

Category 5

Gifts, benefits and hospitality (UK): Any gift to the Member or the Member’s partner, or any material benefit of a value greater than [% of Member’s current Assembly salary or set value] from any company, organisation or person within the UK which in any way relates to membership of the Assembly.

36. The specified financial value above which tangible gifts (such as money, jewellery, glassware etc.) and other benefits (such as hospitality, tickets to sporting or cultural events, relief from indebtedness, loan concessions, provision of services etc.) must be registered is [% of Member’s current Assembly salary or set value].

37. Gifts or benefits from a single source, over the course of a calendar year, whose cumulative value is over [% of Member’s current Assembly salary or set value] should also be registered.

38. Benefits, such as tickets to sporting or cultural events, received by another person together with or on behalf of a Member should be registered as if they have been received by the Member. Gifts, or other benefits, received from another Member of the Assembly are registrable in the same way as those from anyone else.

39. Any gifts, hospitality, material benefits received by the Member or, to the Member’s knowledge, the Member’s partner or any dependent child of the Member, from any company, organisation or person which arise out of, or are related in any manner to, membership of the Assembly.

40. The rule means that any gift, or other benefit, which in any way relates to membership of the Assembly and which is given gratis, or at a cost below that generally available to members of the public, should be registered whenever the value of the gift or benefit is greater than the amount specified in paragraph 36. Any similar gift or benefit which is received by any company or organisation in which the Member, or the Member and the Member’s partner jointly, have a controlling interest should also be registered.

41. There are three important exceptions to this rule:

(a) gifts and benefits known to be available to all Members of the Northern Ireland Assembly need not be registered;

(b) a Member need not register attendance at a conference or a site visit within the United Kingdom or the Republic of Ireland where the organiser meets reasonable travel costs and subsistence only; and

(c) hospitality provided by the UK Government, any of the devolved institutions in the UK, the government of the Republic of Ireland, the Member’s local council or Non-Departmental Public Bodies is exempt from Registration.

42. Gifts and material benefits in this Category (and other Categories) are exempt from registration if they do not relate in any way to membership of the Assembly. The extent to which this exemption applies in any particular case is necessarily a matter of judgement. Both the possible motive of the giver and the use to which the gift is put have to be considered: if it is clear on both counts that the gift or benefit is entirely unrelated to membership of the Assembly, or would not reasonably be thought by others to be so related, it need not be registered. If there is any doubt it should be registered.

43. Where a gift is registered the Member is required to provide the nature of the gift and the date it was received.

In a number of categories the Committee sought to bring consistency to the level of benefit, financial or otherwise, above which a Member should have to register such interests. In doing so it considered set levels in corresponding categories in other administrations. A value of 1% of a Member’s salary for similar categories emerged as a possible benchmark above which such benefits must be registered. However, the Committee was mindful of the review of MLAs’ salaries which might potentially increase the value of a gift a member could receive without having to register it. After discussion the Committee agreed that a value between 0.5 and 1% may be reasonable but decided to seek views rather that advocate a specific percentage or set value.

Q19: What is a reasonable level above which a gift/benefit/hospitality to a Member should be registered?
Q20: Are the exemptions referred to in (a) – (c) reasonable?
Category 6

Overseas visits: With certain specified exceptions, overseas visits made by the Member or the Member’s partner, or dependent children, relating to or in any way arising out of membership of the Northern Ireland Assembly where the cost of the visit was not wholly borne by the Member, or by United Kingdom or Northern Ireland public funds.

44. The Member should enter in the Register the date, destination and purpose of the visit and the name of the Government, organisation, company or individual which met the cost. Where only part of the cost was borne by an outside source (for example the cost of accommodation but not the cost of travel), those details should be stated briefly. When an overseas visit was arranged by a registered All-Party or Assembly group or by a party backbench group, it is not sufficient to name the group as the sponsor of the visit; the Government, organisation, company or person ultimately meeting the cost should be specified.

45. The following categories of visit, which are mainly paid for from Northern Ireland public funds or which involve reciprocity with other Governments or Parliaments, together with any hospitality associated with such a visit and available to all participants, are exempt from registration:

(a) Visits which are paid for by, or which are undertaken on behalf of, the Northern Ireland Executive or which are made on behalf of an international organisation to which the Northern Ireland Assembly belongs;

(b) Visits abroad with, or on behalf of, a Committee of the Assembly or the Assembly Commission;

(c) Visits undertaken under the auspices of the Commonwealth Parliamentary Association, the Inter-Parliamentary Union (or the British-Irish Parliamentary Body) or the Westminster Foundation for Democracy;

(d) Visits arranged and paid for wholly by a Member’s own political party;

(e) Visits paid for wholly by an institution of the European Union or by a political group of the European Parliament;

(f) Visits as part of an Industry and Parliament Trust fellowship or the NI Assembly Business Trust.

46. Visits which are entirely unconnected with membership of the Assembly or whose cost does not exceed [% of Member’s current Assembly salary or set value] are also exempt from registration.

Q21: Are the exemptions reasonable? Should any other category of visit be included on this list?
Q22: In relation to the last paragraph of this category what is a reasonable value above which visits may be considered exempt i.e. in terms of % of Member’s current Assembly salary or set value?
Category 7

Overseas benefits and gifts: Any gift to the Member or the Member’s partner or dependent children or any material benefit of a value greater than [% of Member’s current Assembly salary or set value] from any company, organisation or person outside of the UK which in any way relates to membership of the Assembly.

47. The financial limits and guidelines which apply to the previous Category also apply here. Members should enter a cross-reference under this Category where an interest already entered in Categories 1, 2 or 3 entails the receipt of payments abroad.

Q23: What is a reasonable level above which a benefit or gift should be register red i.e. in terms of % of Member’s current Assembly salary or set value?
Q24: The Committee has proposed that gifts given to dependent children should be registered if the gift relates to the parent’s membership of the NI Assembly. Is this reasonable?
Category 8

Land and Property: Any land or property either within or outside of Northern Ireland, other than any home used for personal residential purposes of the Member, or the Member’s partner or any dependent child of the Member from which a substantial income is derived must be registered. The nature of the property should be indicated.

48. For the purposes of this category:

49. A farm on which the Member has a residence should be registered because it has a substantial value aside from the residential use. Entries should be reasonably specific as to the nature of the property and its general location, for example:

50. A Member must register any property which he/she holds as a trustee only when the Member has a beneficial interest in the income or assets of the relevant trust.

51. A Member does not have to register his/her home if it is used solely for residential purposes. However, it will have to be registered if it provides rental income that contributes to the Member’s income from his/her total property portfolio being substantial. All other properties that contribute to this total income will also have to be registered.

52. Members who own second homes but who do not receive an income from them may also register them under this category.

Q25: Should any land or property owned by a Member’s partner or dependent children, or jointly with his/her partner which is of a substantial value or which contributes to a substantial income have to be registered?
Q26: Are the definitions of “substantial value” and “substantial income” reasonable? If not, what would be reasonable?
Category 9 – Shareholdings

Shareholdings: Shareholdings held by the Member, either personally, or with or on behalf of the Member’s partner or dependent children, in any public or private company or other body where either:

(a) the nominal value of the shares at the relevant date is, or was, greater than 1 % of the total nominal value of the issued share capital [6]of the company or other body; or

(b) the market value of the shares at the relevant date exceeds, or exceeded, 50% of a member’s salary on that date (rounded down to the nearest £10).

53. For each registrable shareholding, the entry should state the name of the company or body, briefly indicate the nature of its business, and make clear which of the criteria for registration is applicable.

54. The value of a shareholding is determined by the market price of the share on the preceding 5th April; but if the market price cannot be ascertained (e.g. because the company is unquoted and there is no market in the shares), the nominal value of the shareholding should be taken instead. The Member must then obtain a new valuation on each subsequent 5th April. If the value continues to exceed the relevant proportion of salary, then the shares should be continued to be registered. If they fall under that value then the Member may have the interest removed from the Register.

55. In considering whether to register any shareholdings falling outside (a) and (b) Members should have regard to the definition of the main purpose of the Register: “to provide information of any financial interest or other material benefit which a Member receives which might reasonably be thought by others to influence his or her actions, speeches or votes in the Assembly, or actions taken in his or her capacity as a Member of the Northern Ireland Assembly”. If a Member considers that any shareholding which he or she holds falls within this definition, the Member should register the shareholding either in this Category or under Category 10.

Q27: Are the levels suggested in (a) and (b) reasonable? If not, what levels would be and why?

The Committee also considered the current guidance on the registration of trusts. Overseas trusts were originally singled out in the Commons Register in Session 1997-1998 because at that time it was thought that they had certain tax advantages. This is not now believed to be the case.

The Committee seeks comment on the following:

Q28: Should the rules be amended to remove the existing references to overseas trusts so that all trusts are regulated under the same basis?
Q29: Should trusts, or any specific types of trusts, be registrable? If so should the rules be amended to specify that:
a) A Member who benefits from a trust should register it under this category if the total holdings of the trust are worth more than the current Assembly Salary; or
b) A Member who benefits from a trust which brings in an income of more than 1% of the current Assembly salary should register it under this Category;
c) A Member who has placed his or her assets in a ‘blind trust’ so that he or she is not aware of and has no control over the assets should not be under any obligation to register?

Pensions are not currently registrable, although in certain circumstances they may be declarable. However, in some cases registration might be considered appropriate. These include self-investment personal pensions (SIPPS) where the person who creates the scheme knows and controls the investments which are, therefore, virtually indistinguishable in this respect from personal shareholdings.

Q30: Should the rules require the registration of identifiable holdings of registrable value which are held within Members’ personal pension plans?

Category 10

Unremunerated and Miscellaneous Interests: Any relevant financial or non-financial interest not falling clearly within one of the above categories.

56. This category has two main functions:

57. Members are required to register unremunerated directorships, e.g. directorships of charitable trusts, professional bodies, learned societies or sporting or artistic organisations, where such a body might directly benefit from public funds or from a decision taken by the Northern Ireland Assembly. Where a Member considers that an unremunerated interest, other than a directorship, which the Member holds might be thought by others to influence his or her actions in a similar manner to a remunerated interest, such an interest should be registered here.

The Committee considered the introduction of a new category specifying ‘Membership of societies’ but after some discussion it agreed that such interests should be combined in a wider category to encompass both financial and non-financial interests that do not readily fit into preceding categories. The Committee therefore agreed to the new category 10.

Category 11

Family members employed and remunerated through the Office Cost Allowance

58. For the purposes of this Category the Member should register family members remunerated through the Office Cost Allowance where the Member knows of, or might reasonably be expected to know of, any relationship, past or present:

59. In order to strike a balance between the conflicting considerations of transparency and privacy where a relationship and other relevant information needs to be registered, then the Member should state the nature of the relationship and the position in which the person is employed. For example,

“I employ my wife as a Researcher and my daughter as my Office Manager”.

60. Members must also register their employment of former spouses, civil partners and their children.

61. In cases where the relevant relationship ends but the employment continues then the requirement to register will continue to apply for a period of one year.

62. Where a Member employs a family Member of another MLA then this must also be registered. For example,

“I employ the granddaughter of [MLA’s name] as my Research Assistant”.

63. In the case where a family member is employed either for work experience or on a casual basis then this is exempt from registration if the total annual payments from the Office Cost Allowance to the individual concerned do not exceed [% of Member’s current Assembly salary or set value], consistent with similar thresholds applied elsewhere in the Register.

Details of standard job descriptions and salary bands which are provided for guidance can be found on the Assembly website at [insert web link].

The Committee discussed the issue of MLAs employing family members and paying them from the Office Cost Allowance. There was unanimous agreement that there should be a mandatory requirement on MLAs to register their employment of family members. There was some debate as to the information required to be registered but the Committee was unanimous in proposing the content of Category 11.

Q31: Is this category sufficiently transparent to indicate the relationship, role and salary of family members employed by Members of the Assembly?
Q32: Is it reasonable to require registration of employment of a family member e.g. spouse, when that relationship ends but the employment continues?
Q33: What is a reasonable level above which payment to a family member employed on a casual basis or employed for work experience should be registered i.e. in terms of % of Member’s current Assembly salary or set value?
Q34: Is it reasonable to expect Members to state if they employ family members of other MLAs?

Declaration of Members’ Interests

Rules of the Assembly

64. Members should declare any relevant financial interest or benefit of whatever nature, whether direct or indirect, in debate, or other proceedings. The same rule places a duty on Members to disclose to Ministers, or servants of the Crown, all relevant interests. The term ‘servants of the Crown’ should be interpreted as applying to the staff of executive agencies as well as to all staff employed in government departments.

Past and potential interests

65. The rule relating to declaration of interest is broader in scope than the rules relating to the registration of interests in two important respects. As well as current interests, Members are required to declare both relevant past interests and relevant interests which they may be expecting to have. In practice only interests held in the recent past, i.e. those contained in the current printed edition of the Register, need normally be considered for declaration. Expected future interests, on the other hand, may be more significant. Where, for example, a Member is debating legislation or making representations to a Minister on a matter from which he or she has a reasonable expectation of personal financial advantage, openness is essential. In deciding when a possible future benefit is sufficiently tangible to necessitate declaration, the key word in the rule which the Member must bear in mind is “expecting”. Where a Member’s plans or degree of involvement in a project have passed beyond vague hopes and aspirations and reached the stage where there is a reasonable expectation that a financial benefit will accrue, then a declaration explaining the situation should be made.

Relevance

66. It is the responsibility of the Member, having regard to the rules of the Assembly, to judge whether a financial interest is sufficiently relevant to a particular debate, proceeding, meeting or other activity to require a declaration. The basic test of relevance should be the same for declaration as it is for registration of an interest; namely, that a financial interest should be declared if it might reasonably be thought by others to influence the speech, representation or communication in question. A declaration should be brief but should make specific reference to the nature of the Members’ interest.

67. No difficulty should arise in any proceeding of the Assembly or its Committees in which the Member has an opportunity to speak. Such proceedings, in addition to debates in the Assembly, include debates in Committees, the presentation of a Public Petition, and meetings of Committees at which evidence is heard. On all such occasions the Member will declare the interest at the beginning of his or her remarks and it will be a matter of judgement, if the interest is already recorded in the Register, whether he or she simply draws attention to this or makes a rather fuller disclosure. Any declaration should be sufficiently informative to enable a listener to understand the nature of the Member’s financial interest.

68. In a debate in the Assembly the Member should declare an interest briefly, usually at the beginning of his or her speech. If the Assembly is dealing with a Committee stage of a Bill it will normally be sufficient for the Member to declare a relevant interest when speaking for the first time. It will not be necessary for a declaration to be repeated at subsequent sittings except when the Member speaks on an Amendment to which the interest is particularly relevant. When giving notice of an Amendment or a Motion, giving notice of the presentation of a Bill or adding a name to an Amendment or Motion, Members should declare any relevant interest in the appropriate manner (see paragraphs 69-72 below).

Declaration of an interest in respect of written notices

69. Declaration of relevant interest is required on Forthcoming Business or the Order Paper when tabling any written notice, i.e.:

(a) Questions (for oral or written answer, including Private Notice Questions);

(b) A notice for the presentation of a Bill;

(c) Any other Motions, Amendments, or names added in support of them;

(d) Amendment to Bills (whether to be considered in the Assembly or in a Committee) and any names added in support of them.

70. Whenever such an interest is declared, the symbol “[R]” is printed after the Member’s name on the Forthcoming Business or Order Paper. The Office accepting the written notice (including any written notice of a Member adding his or her name to a Motion or Amendment) assumes that no interest is declarable unless the notice clearly indicates a declaration; this should be done by inserting “[R]” after the Member’s name on the Motion or Amendment, or adjournment debate topic as the case may be, or filling in the appropriate box which appears on the form for Assembly Questions.

71. “Relevant interests” which should be declared include any interest which the Member is required to register in the Register of Members’ Interests, or which the Member should declare in debate. It will therefore usually be the case that the interest to which the Member is drawing the attention of the Assembly will already be entered in the Register. Provided it is readily apparent which of the Member’s registered interests are applicable, the Member need take no further action. If this is not the case, or if the interest is a new interest which is not yet available for inspection in the Register, then the Member when giving notice should attach to that notice a brief written description of the interest which is being declared. This will then be available for inspection by Members in the Office where the notice was given i.e. the Business Office or the Bills Office. In the case of Private Notice Questions which are allowed, a Member with a relevant interest should declare that interest when the Question is formally asked in the Assembly.

72. All Members need to exercise particular care when invited to add their names to any Motions or Amendments and to ensure that they have considered whether they have a relevant declarable interest. Given the informal way in which support for Motions and Amendments is often sought, the need for declaration may not be foremost in Members’ minds, but great care needs to be exercised by Members in these circumstances.

Declaration of interest in Committees

73. Members of Committees on any matter or Bill must adhere to the following rules:

(a) before the first meeting of a Committee, all Members nominated to serve upon a Committee are required to send to the Clerk of the Committee details of any financial or other interests for circulation to the Committee;

(b) when a member of a Committee, particularly the Chairman, has a financial or other interest which is directly affected by a particular inquiry or when he or she considers that a personal interest may reflect upon the work of the Committee or its subsequent Report, the Member should consider whether he/she should stand aside from the Committee proceeding relating to it;

(c) before proceeding to business, the Chair of the Committee should invite all members of the Committee to declare any interests they may have which relate to the terms of reference of that Committee, or which are likely to be relevant to a substantial part of the work which the Committee may be expected to undertake;

(d) a Member should make a declaration of interest at an early stage in any inquiry to which that interest particularly relates. If the interest is especially relevant to one witness or a group of witnesses appearing before the Committee, the interest should be declared again at the appropriate session of evidence;

(e) a Member is required to declare an interest when asking any questions which relate directly, or which might reasonably be thought by others to relate directly, to the financial or other interest he or she holds. Such a declaration must be made irrespective of any declaration having been made at an earlier meeting of the Committee. One such declaration is sufficient for any questions asked of the same witness during one evidence session;

(f) although the main purpose of declaration of interest is to inform colleagues, it is right that witnesses and the public, if the Committee is meeting in public, should also be informed. When a Committee meets in public, declaration of interest should be in public session. When a Committee meets in private and regularly takes oral evidence, declaration should be made when witnesses are present;

(g) in making any declaration a Member should clearly identify the nature of the financial interest. The form in which a declaration of interest is made, and its extent, must be primarily for the individual Member. A casual reference is not sufficient. A Member should make a declaration in clear terms and should ensure that such a declaration is entered in the Minutes of Proceedings of the Committee;

(h) it is perfectly acceptable for a Member, when declaring an interest which is registered in the Register of Members’ Interests to refer to his or her entry in the Register;

(i) it is important to declare any interest at the beginning or during each Committee meeting. It is not intended to create a situation where the proceedings of Committees are frequently interrupted by declarations. The interests that a Member is required to register may not be at all relevant to his or her work on the Committee and consequently may never need to be declared during its proceedings.

74. Where the subject matter of an inquiry of a Committee is of direct concern to an outside body in which a Member has a financial interest, the Member must consider whether on grounds of conflict of interest it is proper to take part in the inquiry. The Member must also consider whether the relationship of his or her interest to the subject of the inquiry is so close that it is not possible to participate effectively in the inquiry without crossing the borderline into advocacy.

Other occasions when declaration of interest should be considered

75. The requirement to declare a relevant interest at the appropriate time covers almost every aspect of a Member’s Assembly duties extending to correspondence and meetings with Ministers and public officials. Frankness with colleagues is also important. It should be a matter of honour that a financial interest is declared not only, as at present, in debate in the Assembly and its Committees but also whenever a Member is attempting to influence his or her fellow Members, whether in unofficial committees and gatherings or at any kind of sponsored occasion, with or without entertainment, or simply in correspondence or conversation. Above all it should be disclosed when a Member is dealing with Ministers or civil servants, and this obligation becomes of paramount importance when another government is involved either directly or indirectly.

Divisions

76. A Member should seek to ensure that prior to a vote taking place any relevant interest is registered. However, there may be occasions, whether or not a relevant interest has been registered, when the Member has such a direct interest in a particular topic or issue that it would be inappropriate for the Member to vote on such a topic or issue. On such occasions Members should exercise judgement on whether or not they should take part in a division or vote. Members are free at any time to seek the advice and guidance of the Clerk of Standards on the registering and declaring of interests.

The changes to the section on the declaration of interests are largely minor but the Committee would welcome any comments or suggested amendments to this section.

The Rule Banning Lobbying for Reward or Consideration (‘The Rule’)

Paid advocacy is not permitted.

77. If a financial interest or material benefit is required to be registered in the Register of Members’ Interests, or declared in debate, it falls within the scope of the rule. The following guidelines will assist Members in applying the rule.

Initiating an Assembly proceeding

78. When a Member has received, is receiving or expects to receive a financial or material benefit from a body (or individual) outside the Northern Ireland Assembly, the Member may not initiate any Assembly proceeding which relates specifically and directly to the affairs and interests of that body (or individual); any registrable client of such a body (or individual); any group, sector, category or organisation whose affairs and interests are substantially the same as those of the outside body (or individual).

[Note: “Initiating an Assembly proceeding” includes:

79. The Committee on Standards and Privileges would regard it as a very serious breach of the rule if a Member fails to register or declare an interest which was relevant to the proceeding he/she initiated.

Participating in Proceedings of the Assembly

80. When making a speech or participating in any other Assembly proceeding, lobbying is prohibited which seeks to confer benefit exclusively upon a body (or individual) outside the Northern Ireland Assembly, from which the Member has received, is receiving, or expects to receive a financial or material benefit, or upon any registrable client of such a body (or individual). Otherwise a Member may speak freely on matters which specifically and directly relate to the affairs and interests of a body (or individual) from which he or she receives a financial or material benefit, provided the benefit is properly registered and declared.

[Note “Participation in a debate etc” includes:

Constituency issues

81. Irrespective of any relevant interest which the Member is required to register or declare, he or she may pursue any constituency interest in any proceeding of the Assembly, except that:

(a) where the Member has a financial relationship with a company in the Member’s constituency the guidelines above relating to “initiating” and “participation” shall apply;

(b) where the Member is an adviser to a trade association, or to a professional (or other representative) body, the Member should avoid using a constituency interest as the means by which to raise a matter which relates primarily to the wider industrial, professional or other interest and which the Member would otherwise be unable to pursue.

82. Paragraphs 78-81 above reflect the considerations of the Select Committee on Standards in Public Life. The Committee’s opinion was that “any Member who is a paid Assembly adviser, or who receives any form of remuneration from any outside body, should not initiate proceedings…if they relate specifically and directly to the affairs and interests of that body”. It is also recommended that a Committee on Standards and Privileges, should, when considering any complaint, “have regard to both the nature and directness of the interest giving rise to any remuneration, and how far the relevant Assembly activity could be regarded as conferring, or seeking to confer, a particular benefit on the interest in question”.

83. No limitations on Members’ freedom of action interferes with Members’ ability to inform themselves on matters of public concern or with the performance of their paramount duty to represent the interests of their constituents and those of the public generally. Consequently, while the rule on lobbying for reward or consideration restricts a Member’s ability to initiate proceedings, there are fewer restrictions placed upon participation in debate. “There can be few cases where any damage to the public interest can result from a Member who has declared an interest speaking in the Assembly, even in a Second Reading debate on a relevant Bill or in a Committee of the whole Assembly”.

84. The Assembly expects the Committee on Standards and Privileges to consider any individual speech against the criterion of whether it might bring particular benefit to the organisation or individual from which the Member received financial or material benefit. This expectation is best met if the scope for participation in debate is governed by the term “exclusive benefit” and this is the definition used in the guidelines.

Parameters to the operation of the rule banning lobbying for reward or consideration

85. The following parameters to the operation of the rule exist:

(a) Registrable interests: The rule applies with equal effect to any registrable or declarable financial or material benefit irrespective of the source of that benefit (i.e. no distinction is drawn between financial or material benefits received from a company, a representative organisation, a charity, a foreign government or any other source). Similarly, no distinction should be drawn in the application of the rule to different categories of registrable or declarable benefit (except for the provision below relating to Private Members’ Bills, to overseas visits, and to membership of other elected bodies). Non-financial interests registered by Members do not fall within the scope of the Resolution agreed by the Assembly on 14 December 1999 and the rule on lobbying for reward or consideration does not apply to them.

Q35: Non-financial interests registered by Members do not fall within the scope of the Resolution agreed by the Assembly on 14 December 1999 and the rule on lobbying for reward or consideration does not currently apply to them. The Committee believed it important to propose an amendment to this which would allow non-financial interests such as ‘material benefit’ to a Member to come under the parameters of this Code including this rule. Is this a reasonable approach?

(b) Past, present, and future benefits: Unlike the Register, which lists current benefits, or benefits received in the immediate past, the Resolution of 14 December 1999 also refers, as does the rule on declaration, to past and expected future benefits. It is difficult to contemplate circumstances where any benefit received some time in the past, particularly an interest which is not in the current printed Register, could be sufficiently relevant to be taken into account under the rule (see (d) below). Expected future interests, on the other hand, may be more significant. For example, Members expecting to derive direct financial benefit from particular legislation should, as well as declaring the interest in debate as appropriate, not seek to move Amendments relevant to the expected future interest. The same consideration applies to other proceedings.

(c) Continuing benefits: Continuing benefits, i.e. directorships, other employment, and sponsorship, can be divested to release a Member with immediate effect from the restrictions imposed by the rule banning lobbying for reward or consideration, provided that the benefit is disposed of and there is no expectation of renewal.

(d) “One-off” benefits: From the publication of the first edition of the Register, which will include the date of registration, the rule will apply to “one-off” registrable benefits, both visits and gifts, from the day upon which the interest was acquired until one year after it is registered.

(e) Family benefits: The rule includes relevant payments or benefits in kind to a Member’s family, including a civil partner or cohabitant, but any payment to a member of the family of any Member which arises out of the family member’s own occupation is not regarded as a benefit for the purposes of the rule.

(f) Private Members’ Bills: Members who seek to introduce and proceed with a Private Members’ Bill are not prevented from doing so by reason of the fact that they receive free or subsidised assistance from an organisation connected with the purpose of the Bill provided the Member had no pre-existing financial relationship with the organisation which is registered, or is required to be registered.

(g) Overseas Visits: Although, except as set out in paragraph 45, overseas visits must be registered and declared, such visits shall not be taken into account when applying the rule.

(h) Membership of other elected bodies: Membership of the House of Commons and local authorities in the UK shall not be taken into account when applying the rule.

(i) Ministers: The restrictions imposed by the rule do not apply to Ministers when acting in the Assembly as Ministers.

86. The financial interests of Members are extremely varied, as the Register demonstrates. Each Member will need to apply the rule banning lobbying for reward or consideration and the guidelines to his or her particular circumstances. When in doubt, Members will be able to seek advice of the Clerk, or the Committee on Standards and Privileges. However, some illustrative examples of the application of the guidelines may be of value:

(a) A Member who is director of a company may not seek particular preference for that company (e.g. tax relief, subsidies, restriction of competition) in any proceeding of the Assembly.

(b) In the case of trade associations, staff associations, professional bodies, charities (or any similar representative organisation):

(i). Membership alone of any representative organisation does not entail any restrictions under the rule.

(ii). A Member who is, for example, a remunerated adviser:

(c) When a Member has a problem involving a company within his or her constituency the Member may take any Assembly action to resolve that problem, even though he or she may hold a remunerated position with a body representing the relevant sector of the industry regionally or nationally, or with another company outside the constituency in the same industrial sector. Similarly a Member who has a remunerated interest with a representative association is not restricted in any way in taking up the case of a constituent who is a member of that association, or is employed by a member of that association. The only circumstances when the Member’s actions are restricted are when the Member has a registrable interest with the company concerned when the guidelines provide that the Member forfeits the special position he or she has as a constituency Member.

(d) Members are reminded that when accepting foreign visits they should be mindful of the reputation of the Assembly. However, the knowledge obtained by Members on such visits can often be of value to the Assembly as a whole. While it is desirable that Members should be able to use that knowledge in debate in the Assembly there is a point at which promoting the interests, of e.g. a foreign Government from which hospitality has been received, crosses the line between informed comment and lobbying for reward or consideration. Members may not, for example, either initiate or advocate in debate increased United Kingdom financial assistance to a Government from which they have recently received hospitality. Nor may the Member advocate any other measure in the NI Assembly which seeks to bring exclusive benefit to the host Government. Subject to this constraint Members could, having declared their interest, raise matters relating to their experiences in the country either in a speech or by initiating any other proceeding. Similarly they could raise matters relating to the problems of the country generally, or make use of any local insight they have obtained into regional problems (e.g. the situation in the Middle East or in South East Asia, economic or social problems or an external threat) or information they have obtained on local developments or initiatives).

(e) A Member whose visit was funded by a non-governmental organisation (NGO) or other agency would not be inhibited in initiating proceedings relating to its work unless the Member sought to raise matters which relate specifically and directly to the affairs and interests of the NGO or agency itself, rather than the problems it was dealing with. In debate the Member could go even wider – only a matter which was for the exclusive benefit of the NGO or agency e.g. a request for a grant-in-aid to the particular organisation – could not be pursued.

(f) Under the rule banning lobbying for reward or consideration, a Member who is receiving free office accommodation provided by a local authority should not advocate measures for the exclusive benefit of the local authority itself (as distinct from the interests of those whom the local authority represents). In practice, since Members also have a paramount duty to represent their constituents there will be few occasions when the application of the rule will place a limit on a Member’s Assembly actions. In any event, accommodation provided solely for the purpose of holding constituency surgeries is exempt from registration and therefore from the application of the rule banning lobbying for reward or consideration.

Responsibility of the Member

87. In common with the rules of the Assembly relating to registration and declaration of interests the main responsibility for observation of the rule banning lobbying for reward or consideration lies with the individual Member. The Select Committee on Standards in Public Life stated in its Second Report that “it is important to make clear that it will not be the function of the Chair to enforce the ban on paid advocacy during speeches, either by interrupting a Member thought to be contravening it, or by declining to call him. Complaints will be a matter for the Commissioner to investigate in the first instance”. The Speaker should decline to receive points of order relating to registration or lobbying for reward or consideration.

Delegations

88. The Resolution agreed by the Assembly on 14 December 1999 restricts the extent to which any Member with a paid interest may participate in, or accompany, a delegation to Ministers or public officials relating to that interest. A Member should not initiate, or participate in, or attend any such delegation where the problem to be addressed affects only the body with which the Member has a relevant interest, except when that problem relates primarily to a constituency matter.

The Committee proposed including the receipt of ‘material benefit’ in this section, in addition to financial interest, to enhance the requirement for transparency and to ensure consistency throughout the document. The Committee would welcome any suggestions to further address transparency in relation to lobbying and suggestions on any additional information required to ensure the guidance for Members is clear.

Volume 4: The Complaints Procedure

The Committee proposed substantial changes to the complaints procedure to provide detail on every possible aspect of dealing with a complaint. However, the Committee welcomes comment or suggestions to further enhance the understanding and openness of the procedure.

Volume 4
Complaints Procedure [7]

Receipt of complaint

1. Complaints against Members of the Northern Ireland Assembly should be made to the Committee on Standards and Privileges via the Clerk to the Committee. The Committee Secretariat logs the complaint and forwards:

Consideration of Admissibility

2. The IC will consider the complaint and supporting information to determine whether it is admissible under The Code.

Admissibility criteria

3. The Committee on Standards and Privileges will not consider issues that relate to:

4. In addition, the Committee will not accept an unsubstantiated allegation as constituting an acceptable complaint and will expect the complainant to assemble supporting evidence. A report founded upon no more than a newspaper story, television or radio report will not normally be regarded as a substantiated allegation.

Inadmissible Complaint

5. If the IC determines that a complaint is not admissible he will write to the Clerk of Standards detailing his reasons for reaching this conclusion. The Clerk will then bring these before the Committee.

6. The Committee will consider the complaint and the IC’s advice on not proceeding with an investigation and determine whether it is in agreement with the IC’s conclusions.

7. If the Committee is in agreement the Clerk will write to the IC and inform him of its decision. The Clerk will also write to the Member and the complainant outlining the Committee’s reasons for supporting the IC’s decision not to proceed with an investigation, and enclosing a copy of the IC’s letter.

8. If the Committee does not agree with the IC’s initial assessment of admissibility then it will instruct the IC to proceed with an investigation in accordance with established procedures.

Admissible Complaint

9. If the IC considers the complaint admissible but trivial or vexatious or related to a complaint that has been substantially considered on a previous occasion, he may advise that no further action should be taken and report this to the Committee.

10. Should the Committee agree with this assessment the Clerk will write to all parties involved informing them of the Committee’s decision not to proceed with further investigation.

11. Should the Committee disagree with the IC’s assessment it will write to him detailing why it disagrees and instruct him to proceed with an investigation.

12. Otherwise, having determined a complaint admissible, the IC will:

Formal Investigation Stage

13. The IC will investigate an admissible complaint with the objective of:

14. The Committee on Standards and Privileges deprecates the making of statements to the press by complainants while an inquiry is in progress. Publication or disclosure of evidence or correspondence to anyone other than the Interim Commissioner or Committee without the Committee’s agreement would be a contempt of the House. A Member who engages is such activity is therefore liable to sanctions.

15. The IC will conduct a full and thorough investigation into the alleged breach of The Code. This may involve interviewing the complainant, the Member complained of, and other witnesses as the IC may judge necessary to establish the full facts of the case.

16. When the investigation is complete the IC will make a full report to the Committee on Standards and Privileges detailing his findings. The report will include the original complaint, details of the investigation including evidence considered in interview, and conclusions as to whether the Member breached any aspect of The Code falling within Standing Order 52(4) a-c.

17. The report will not include recommendations as to the sanctions that should be imposed on a Member found to have breached The Code.

18. At any point in his investigation should the IC have concerns that a criminal offence may have taken place he will immediately notify the Clerk to the Committee. Upon notification, a meeting of the Committee will be convened to hear the IC’s reasons for submitting the case to the PPS.

19. This meeting will be for information only as it will be expected that the IC’s recommendation to refer such matters to the PPS will be agreed by the Committee.

20. The IC will reconsider the case following the outcome of any subsequent investigation.

21. In the absence of a rectification procedure should the Interim Commissioner, in the course of an investigation into a complaint, discover that a breach of the Code has taken place as outlined in section 43 of the NI Act 1998 then he will notify the Clerk to the Committee. Upon notification, a meeting of the Committee will be convened to hear the IC’s reasons for submitting the case to the PPS.

22. This meeting will be for information only as it will be expected that the IC’s recommendation to refer such matters to the PPS will be agreed by the Committee.

23. Communications between a Member of the Assembly and the Clerk of Standards and between a member of the public and the Clerk of Standards are not covered by Assembly privilege under section 50 of the Northern Ireland Act 1998 nor are they privileged at law. However, should the IC decide to investigate a complaint, that investigation is privileged. Once the IC reports his findings to the Committee, the proceedings of the Committee in relation to the report are privileged. The privilege attaching to an investigation by the Commissioner and the related proceedings of the Committee do not extend to include allegations made in the original complaint.

Committee Consideration of IC’s Formal Report

24. The Committee will meet in closed session to consider the IC’s report.

There are three possible outcomes following Committee consideration. The Committee may agree with the IC to:

OR

The Committee may disagree with the IC to:

OR

The Committee may ask the IC to investigate further.

25. As part of its deliberations on the findings of the IC’s report the Committee may decide to invite the Member and/or complainant to submit additional written evidence or appear before the Committee and give additional oral evidence.

26. In the event that the IC has determined that a complaint should be upheld the Committee may offer the Member the opportunity to read the IC’s report in the presence of the Clerk of Standards and to make notes prior to appearing before the Committee or submitting additional written evidence to the Committee.

27. After consideration of the IC’s report and any additional submissions that the Committee may have sought from the complainant and/or Member complained of, the Committee:

28. Where the Committee agrees with the IC to uphold a complaint the Committee may decide:

Sanctions

29. The sanctions that the Committee might recommend include:

(a) issuing an apology to the House

(b) that the Member is “censured” by the House

(c) suspension from proceedings of the Assembly for a specified period

(d) have his/her rights and privileges as a Member withdrawn for that period

(e) suspension from proceedings of the Assembly without pay for a specified period

30. The decision of the House will be final and there will be no right of appeal.

31. Where the Committee does not agree with the IC in relation to upholding a complaint it shall indicate the reasons for this in its report.

32. Where the Committee does not agree with the IC that a complaint should be dismissed the Committee shall detail the reasons for its decision in its report and consider the range of options open to it as per paragraph 27.

33. The Committee may agree with only some of the IC’s findings i.e. parts of a complaint may be upheld. Again, the Committee will detail the reasons for this in its report and consider the range of options open to it as per paragraph 27.

Q36: Should the ‘complaints procedure’ form part of the Code or be a distinct procedural guidance document?
Q37: The Committee has proposed the inclusion of admissibility criteria to provide greater clarity for potential complainants. Are these criteria sufficiently clear? Are they reasonable?
Rectification Procedure

The Committee agreed the following rectification procedure to deal with the failure to register interests where the interests are minor or the failure to register is inadvertent.

The Rectification Procedure states that: In the case where Member admits that he/she ha failed to register or declare interests where, normally, the interest involved is minor or the failure to register or declare was inadvertent, the Interim Commissioner for Standards may recommend to the Committee on Standards and Privileges that the Member be allowed to rectify the matter.

In the case of non-registration, of one or more interests, rectification requires a belated entry in the current Register of Members’ Interests. In the case of non-declaration of any interest during a debate or other proceedings of the Assembly in plenary, Members are required to report this and apologise to the Assembly.

34. There are two possible scenarios how this may come to the attention of the IC:

35. Any Member wishing to make use of this rectification procedure should, in the first instance, write to the Clerk of Standards outlining the relevant details and circumstances. The Clerk will forward this to the IC for his consideration. Where the Interim Commissioner for Standards finds that a Member has committed a minor breach of the Code he may recommend to the Committee that the Member be allowed to rectify the error.

36. Where a minor breach of the Code is brought to the attention of the Interim Commissioner for Standards by a complainant and the Interim Commissioner has recommended the use of the Rectification Procedure, he will report this to the Committee. The Clerk will subsequently inform the complainant of the outcome.

37. There are two caveats to the application of the Rectification Procedure, firstly that the Member acknowledges that they are in breach of the Code, and secondly they are willing to apologise for it.

38. A late entry in the Register will be printed in bold italics and asterisked to a footnote. The footnote will read: entry added or amended on (insert date), under the Rectification Procedure.

Appendix 1

Minutes of Proceedings of the Committee Relating to the Report

Wednesday 30th May 2007
Room 135, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Gerry McHugh (Deputy Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Rev Robert Coulter
Mr Alex Easton
Mr David Hilditch
Mr Alastair Ross
Mr George Savage
Mr Brian Wilson

In Attendance:

Mr John Torney (Principal Clerk)
Dr Kevin Pelan (Clerk to the Committee)
Ms Eleanor Murphy (Assistant Assembly Clerk)
Ms Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Mr Willie Clarke

The meeting opened at 2:03pm in closed session.

Review of the Code of Conduct

The Clerk informed Members that a consultation on the “Code of Conduct and The Guide to the Rules Relating to the Conduct of Members” had taken place in June 2002 and that amendments were proposed but not implemented due to suspension.

The Chairperson advised Members that there was a need to re-visit the consultation on the Code of Conduct.

Agreed: The Committee agreed that the Clerk would produce a summary paper of the consultation, highlighting the proposed amendments and present the paper at a future meeting.

Agreed: The Committee agreed that, in order to aid deliberations, the Clerk would prepare a paper on issues that necessitated changes to the “Codes” in other jurisdictions.

[EXTRACT]

Wednesday 26th September 2007
Room 135, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Gerry McHugh (Deputy Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Rev Robert Coulter
Mr Alex Easton
Mr David Hilditch
Mr Alastair Ross
Mr George Savage
Mr Brian Wilson

In Attendance:
Dr Kevin Pelan (Clerk to the Committee)
Ms Eleanor Murphy (Assistant Assembly Clerk)
Ms Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Mr Willie Clarke
Rev Robert Coulter

The meeting opened at 2:00pm in public session.

Committee Review of “The Code of Conduct” and “The Guide to the Rules Relating to the Conduct of Members”.

The Chairperson reminded Members that the Committee had agreed at its last meeting to undertake a Review of the Members’ “Code of Conduct” and the “Guide to the Rules Relating to the Conduct of Members” as a matter of priority.

The Chairperson drew Members’ attention to the methodology paper in their packs and invited the Clerk to brief Members on this.

Agreed: The Committee agreed to the methodology proposed in the paper.

Timetable for the Review of the Code of Conduct.

Members considered a proposed timetable for the work programme to accompany the Review.

Agreed: The Committee agreed the proposed timetable for the Review.

Agreed: The Committee agreed that the timetable be published on the Assembly internet/intranet.

Press Release.

Members considered the content of a draft press release announcing the commencement of the Review.

[EXTRACT]

Wednesday 10th October 2007
Room 135, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Mr Willie Clarke
Mr Alex Easton
Mr David Hilditch
Mr Alastair Ross
Mr George Savage

In Attendance:
Dr Kevin Pelan (Clerk to the Committee)
Ms Eleanor Murphy (Assistant Assembly Clerk)
Ms Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Rev Robert Coulter
Mr Gerry McHugh
Mr Brian Wilson

The meeting opened at 2:09pm in public session.

Committee Review of the “Code of Conduct”.

The Committee considered a paper which provided a comparison of the Northern Ireland Assembly Code of Conduct with Codes of Conduct in other legislatures.

The Committee discussed the “Purpose of the Code” and the “Personal Conduct” sections of the Northern Ireland Assembly “Code of Conduct”. The Committee instructed the Clerk to prepare revised drafts of these sections for possible inclusion in the draft consultation document taking into account the Committee’s deliberations.

[EXTRACT]

Wednesday 17th October 2007
Room 21, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Gerry McHugh
Mr Allan Bresland
Mr Alex Easton
Mr David Hilditch
Mr Alastair Ross
Mr George Savage

In Attendance:
Dr Kevin Pelan (Clerk to the Committee)
Ms Eleanor Murphy (Assistant Assembly Clerk)
Ms Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Mr Willie Clarke
Rev Robert Coulter
Mr Francie Brolly
Mr Brian Wilson

The meeting opened at 1:06pm in public session.

Draft Revision of the “Purpose of the Code” and “Public Duty” Sections.

The Committee noted a paper prepared by the Clerk on options for the revision of the “Purpose of the Code” and “Public Duty” sections of the Northern Ireland Assembly Code of Conduct.

Comparative Paper on the Northern Ireland Assembly Code of Conduct and Codes of Conduct in other Jurisdictions: Review of “Personal Conduct” Section.

The Committee discussed the “Personal Conduct” section of the Northern Ireland Assembly Code of Conduct and considered a paper prepared by the Clerk on similar sections in other jurisdictions. It also considered amendments proposed by the previous Committee on Standards and Privileges during their review of the Code.

Agreed: The Committee agreed that the Clerk prepare a draft revision of the “Personal Conduct” section, reflecting the Committee’s deliberations, for possible inclusion in the draft consultation document.

[EXTRACT]

Wednesday 7th November 2007
Room 135, Parliament Buildings

Present:
M rs Carmel Hanna (Chairperson)
Mr Gerry McHugh
Mr Allan Bresland
Mr Francie Brolly
Mr Willie Clarke
Rev Robert Coulter
Mr Alex Easton
Mr David Hilditch
Mr Alastair Ross
Mr Brian Wilson

In Attendance:
Dr Kevin Pelan (Clerk to the Committee)
Ms Eleanor Murphy (Assistant Assembly Clerk)
Ms Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Mr George Savage

The meeting opened at 2:04pm in closed session.

Review of the Code of Conduct: Draft Revised Complaints Procedure.

The Committee explored at length a draft paper on a revised procedure for dealing with complaints against Assembly Members. Members suggested a number of changes to the proposed revised procedure.

Agreed: The Committee agreed that the Clerk prepare a revised paper taking account of the Committee’s deliberations and that this should be presented at the next meeting.

Background Paper on Complaints Procedures in other Jurisdictions.

Members noted a background paper detailing the complaints procedures in the Scottish Parliament, the House of Commons, the National Assembly for Wales and Dáil Éireann.

[EXTRACT]

Wednesday 14th November 2007
Room 21, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Mr Willie Clarke
Rev Robert Coulter
Mr Alex Easton
Mr David Hilditch
Mr Alastair Ross
Mr George Savage
Mr Brian Wilson

In Attendance:
Dr Kevin Pelan (Clerk to the Committee)
Miss Eleanor Murphy (Assistant Assembly Clerk)
Miss Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Mr Gerry McHugh

The meeting opened at 1:05pm in public session.

Draft Code of Conduct – amendments to date

The Committee considered a paper which provided an overview of Members’ suggested amendments to each of the sections of the draft “Code of Conduct”.

Agreed: Members agreed that the Clerk liaise with the Clerk of the Committee on Procedures in relation to Standing Order 65.

Agreed: Members agreed that the Clerk liaise with the Speaker’s Office to clarify a number of issues relating to sanctions.

Agreed: Members agreed to invite the Interim Assembly Commissioner for Standards to a future meeting to discuss procedural options for reporting alleged criminal matters to the police.

Agreed: Members agreed that the Clerk discuss with Legal Services procedures for reporting suspected criminal offences that may emerge during the course of an investigation by the Interim Assembly Commissioner for Standards.

[EXTRACT]

Wednesday 21st November 2007
Room 135, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Gerry McHugh
Mr Allan Bresland
Mr Willie Clarke
Rev Robert Coulter
Mr Alex Easton
Mr David Hilditch
Mr Alastair Ross
Mr Brian Wilson

In Attendance:
Dr Kevin Pelan (Clerk to the Committee)
Miss Eleanor Murphy (Assistant Assembly Clerk)
Miss Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)
Mr Brian Devlin (Assembly Information Systems Office)
Mr Michael Cochrane (Assembly Information Systems Office)

Apologies:
Mr Francie Brolly
Mr George Savage

The meeting opened at 2.04pm in public session.

Review of the ‘Guide to the Rules Relating to the Conduct of Members’.

Members considered a paper on revisions to the ‘Introduction’ and opening paragraphs of the ‘Registration of Members’ Interests” sections of the Guide.

Agreed: Members agreed the proposed revisions to these sections for inclusion in the draft consultation document.

[EXTRACT]

Wednesday 28th November 2007
Room 21, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Gerry McHugh
Mr Willie Clarke
Rev Robert Coulter
Mr Alex Easton
Mr David Hilditch
Mr Alastair Ross
Mr George Savage
Mr Brian Wilson

In Attendance:
Dr Kevin Pelan (Clerk to the Committee)
Miss Eleanor Murphy (Assistant Assembly Clerk)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Mr Allan Bresland
Mr Francie Brolly

The meeting opened at 1.07pm in closed session.

Review of the ‘Guide to the Rules Relating to the Conduct of Members’: Categories of Registrable Interests 1-3

Members considered a paper on Categories 1-3 of the ‘Categories of Registrable Interests’ section of the Guide.

Agreed: Members agreed that aspects of Category 3 (Clients) should be incorporated into Categories 1 and 2 but that the remainder of these categories remain unaltered.

Agreed: Members agreed that paragraph 19 of Category 3 should be considered when the ‘Advocacy’ section of the code is reviewed after Christmas recess.

Agreed: Members agreed that a new Category on “Elected/Public Office’ should be created.

[EXTRACT]

Wednesday 5th December 2007
Room 135, Parliament Buildings

Present:
Rev Dr Robert Coulter (In the Chair)
Mr Allan Bresland
Mr Alex Easton
Mr David Hilditch
Mr Alastair Ross
Mr Brian Wilson

In Attendance:
Dr Kevin Pelan (Clerk to the Committee)
Miss Eleanor Murphy (Assistant Assembly Clerk)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Mrs Carmel Hanna
Mr Gerry McHugh
Mr Francie Brolly
Mr Willie Clarke
Mr George Savage

The meeting opened at 2:06pm in public session.

New Regulations on the Registration of Political Donations.

The Chairperson informed Members that Mr Séamus Magee and Dr Róisin McLaughlin from the Electoral Commission would make a presentation to Committee on the new regulations for registering donations to political parties. The Chairperson advised Members that the purpose of this information session was to aid the Committee’s deliberations on the review of the Categories of Registrable Interests.

Mr Magee and Dr McLaughlin joined the meeting at 2:12pm.

Dr McLaughlin made a presentation on the new regulations on donations to political parties in Northern Ireland and discussed with the Committee the implications of the new requirements on both Members and Parties.

Mr Magee and Dr McLaughlin left the meeting at 2:55pm.

The Chair advised Members that the new regulations could potentially impact upon several of the Categories of Registrable Interests.

Agreed: Members agreed that the Clerk explore with the Electoral Commission the need for developing a memorandum of understanding/agreement in regards to dual reporting arrangements.

Review of the ‘Guide to the Rules Relating to the Conduct of Members’: Categories of Registrable Interests 5-7

Members considered a paper on Categories 5-7 of the ‘Categories of Registrable Interests’ section of the Guide.

Agreed: Members agreed a number of options for Registrable Interests Categories 5-7 for inclusion in the draft consultation document.

Agreed: Members agreed that the Clerk should liaise with the Electoral Commission in regards to the impact of the new regulations for registering donations to political parties on the Categories of Registrable Interests, and that the Committee would review any Categories affected by the new regulations.

[EXTRACT]

Wednesday 12th December 2007
Room 21, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Mr Willie Clarke
Rev Robert Coulter
Mr Alex Easton
Mr David Hilditch
Mr Alastair Ross

In Attendance:
Dr Kevin Pelan (Clerk to the Committee)
Miss Eleanor Murphy (Assistant Clerk)
Miss Carla Campbell (Clerical Supervisor)

Apologies:
Mr Gerry McHugh
Mr George Savage
Mr Brian Wilson

The meeting opened at 1:09pm in public session.

Review of the ‘Guide to the Rules Relating to the Conduct of Members’: Categories of Registrable Interests 8, 10 and 11.

Members considered a paper on Categories 8, 10 and 11 of the ‘Categories of Registrable Interests’ section of the Guide.

Agreed: Members agreed a number of proposed amendments to Registrable Interest Category 8 (Land and Property) for inclusion in the consultation document.

Agreed: Members agreed that Category 11 (Unremunerated Interests) should be removed and that these interests could be incorporated into Category 10 (Miscellaneous).

Agreed: Members agreed that an additional category encompassing memberships of societies etc. was not required, and that such information could be incorporated into Category 10.

[EXTRACT]

Wednesday 9th January 2008
Room 21, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Mr Willie Clarke
Mr Alex Easton
Mr David Hilditch
Mr Gerry McHugh
Mr Alastair Ross
Mr George Savage
Mr Brian Wilson

In Attendance:
Dr Kevin Pelan (Clerk to the Committee)
Miss Eleanor Murphy (Assistant Assembly Clerk)
Miss Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Rev Robert Coulter
Francie Brolly

The meeting opened at 1:05pm in closed session.

Review of the ‘Guide to the Rules Relating to the Conduct of Members’: Declaration of Members’ Interests’.

Members considered a paper on the ‘Declaration of Members’ Interests’ section of the Guide.

Agreed: Members agreed to adopt the suggested amendments and that these be included in the consultation document.

[EXTRACT]

Wednesday 16th January 2008
Room 21, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Mr Alex Easton
Mr David Hilditch
Mr Alastair Ross
Rev Robert Coulter
Mr Francie Brolly

In Attendance:
Dr Kevin Pelan (Clerk to the Committee)
Miss Eleanor Murphy (Assistant Assembly Clerk)
Miss Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Mr George Savage
Mr Brian Wilson
Mr Willie Clarke
Mr Gerry McHugh

The meeting opened at 2.08pm in public session.

Review of the ‘Guide to the Rules Relating to the Conduct of Members’: “Advocacy”.

Members considered a paper on the ‘Advocacy’ section of the Guide.

Mr Ross joined the meeting at 2.13pm.

Agreed: Members agreed to adopt the suggested amendments and that these be included in the draft consultation document.

[EXTRACT]

Wednesday 30th January 2008
Room 21, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Mr Alex Easton
Mr Alastair Ross
Mr Willie Clarke
Mr Brian Wilson

In Attendance:
Dr Kevin Pelan (Clerk to the Committee)
Miss Eleanor Murphy (Assistant Assembly Clerk)
Miss Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Mr Francie Brolly
Mr George Savage
Rev Robert Coulter
Mr David Hilditch
Mrs Claire McGill

The meeting opened at 2.05pm in closed session.

Review of the ‘Guide to the Rules Relating to the Conduct of Members’: The Rectification Procedure.

The Committee considered a paper on the Rectification Procedure. Members discussed what role, if any, the Interim Assembly Commissioner for Standards should have in respect of the rectification procedure.

Agreed: Members agreed to propose in the draft consultation document, the adoption of a rectification procedure for minor or inadvertent failures to declare or register interests.

Agreed: Members agreed to propose that minor or inadvertent failures to register or declare interests should be referred to the Interim Commissioner to assess whether the rectification procedure should be applied but that the Committee would make the final decision based on the Interim Commissioner’s deliberations.

Agreed: The Committee agreed for purposes of the draft, at this stage, that the rectification procedure would only apply to the registration and declaration of interests and would not apply to misuse of Assembly stationery and postage.

Agreed: Members agreed that the Clerk investigate options for the handling complaints on the misuse of stationery and postage.

Review of the Guide to the Rules Relating to the Conduct of Members: Category 4 (Sponsorships).

The Clerk advised Members that a paper from the Electoral Commission on the impact of the new political donations regulations on the categories of registrable interests was not yet available.

Agreed: Members agreed to defer consideration on Category 4 until the paper from the Electoral Commission was available.

[EXTRACT]

Wednesday 13th February 2008
Room 21, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Mr Willie Clarke
Rev Robert Coulter
Mr Alex Easton
Mr David Hilditch
Mrs Claire McGill
Mr Alastair Ross
Mr George Savage
Mr Brian Wilson

In Attendance:
Dr Kevin Pelan (Assembly Clerk)
Mrs Christine Darrah (Assembly Clerk) (in attendance for Item 7).
Miss Eleanor Murphy (Assistant Assembly Clerk)
Miss Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

The meeting opened at 2.04pm in public session.

Review of the ‘Guide to the Rules Relating to the Conduct of Members’: MLAs’ employment of family members – options for registration.

The Chairperson, Rev Coulter, Mr Hilditch and Mr Savage each declared an interest.

Members noted a paper outlining possible options for registering the employment of family members. This was discussed in the context of the Committee’s review of the ‘Code of Conduct’ and the ‘Guide to the Rules Relating to the Conduct of Members’.

Rev Coulter stated that he wished to make it clear that the fault in relation to this matter was not in employing family members, but rather it was in employing family members to do nothing.

Mr Ross stated that the Committee was perhaps somewhat premature in discussing this issue and recommended that the Committee postpone discussions until the outcome of the Westminster authorities’ examination of this issue including their consideration of any legal implications.

Mr Clarke and Mr Brolly stressed the importance of openness, accountability and the public’s confidence in Members.

Mr Savage stated that Members were going through a transitory phase after a period of suspension and that trust was an issue for members in the recruitment of staff.

Some Members stressed the importance of those employed by MLAs being required to meet professional standards, have the necessary qualifications and meet the competencies of the specific post.

Agreed: Members agreed that this issue should be deferred until the Committee could consider how the issue was being dealt with in other jurisdictions including awaiting the outcome of deliberations at Westminster.

[EXTRACT]

Wednesday 27th February 2008
Room 21, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Francie Brolly
Mr Willie Clarke
Mr Alex Easton
Mr David Hilditch
Mrs Claire McGill
Mr Alastair Ross
Mr Brian Wilson

In Attendance:
Dr Kevin Pelan (Assembly Clerk)
Miss Eleanor Murphy (Assistant Assembly Clerk)
Miss Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Mr Allan Bresland
Rev Robert Coulter
Mr George Savage

The meeting opened at 2.05pm in public session.

Review of the Code and Guide: The Register of Members’ Interests - Procedures for Making Amendments to the Register.

Members noted a paper on the procedures in other jurisdictions for making amendments to the Register of Members’ Interests.

Members discussed the potential benefits of the Scottish Parliament procedures for deleting interests no longer held by a Member.

Agreed: Members agreed to the adoption of the Scottish Parliament’s procedures for the deletion of ceased interests from the Register of Members’ Interests and that this should be included in the draft consultation document.

Review of the Code and Guide: MLAs’ Employment of Family Members.

The Chairperson reminded Members that the Committee had agreed to defer this matter until the Committee could consider how this issue was being addressed in other jurisdictions.

Members noted the press notice from the House of Commons Committee on Standards and Privileges which stated that the Committee believed that by the 1st April 2008 the House of Commons should have in place within the framework of the existing Registers, a system for compulsory registration of Members who employ family members. Members further noted how the Scottish Parliament and the National Assembly for Wales were approaching this issue.

Agreed: Members agreed to the adoption of mandatory registration for the employment of family members of MLAs and that this should be included in the draft consultation document.

Members discussed the level of detail Members would be required to register in respect of this new category.

Agreed: Members agreed to defer a decision on this matter until the Clerk could provide an options paper on the level of detail which would be required for registration purposes.

Review of the Code and Guide: Public Disclosure of Complaints.

Members discussed the difficulties experienced by the Committee and the Interim Commissioner when details a complaint is disclosed to the media by either the complainant or by the Member who is the subject of the complaint.

Members noted that the House of Commons Committee on Standards and Privileges considers the release of evidence or correspondence while an inquiry is in progress to anyone other than the Committee or Commissioner, without the Committee’s agreement, as contempt of the House.

Agreed: Members agreed that it should be stated in the “complaints procedure” of the draft consultation document that any Member who makes a statement or releases evidence about a complaint to the press while that complaint is being investigated or considered by the Committee will be in contempt of the House.

Review of the Code and Guide: Category 4 (Sponsorships).

Members noted a paper from the Electoral Commission on Category 4 (Sponsorships).

Mr Ross left the meeting at 3:16pm.

Mr Ross rejoined the meeting at 3.18pm.

Agreed: Members agreed to take forward the consideration of Category 4 on the basis of comparison with other legislatures.

Agreed: Members agreed that the Clerk will continue to liaise with the Electoral Commission in order to bring the Categories, where possible, into line with PPERA legislation.

Agreed: Members agreed that in order to facilitate subsequent amendments to the Code after it is published, the Code should include a reference to the Committee making adjustments to the Code as and when necessary by bringing amendments to the House.

Mr Clarke left the meeting at 3.21pm.
Mr Clarke rejoined the meeting at 3.26pm.

[EXTRACT]

Wednesday 12th March 2008
Room 21, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Mr Willie Clarke (Deputy Chairperson)
Rev Robert Coulter
Mr Alex Easton
Mr David Hilditch
Mrs Claire McGill
Mr Alastair Ross
Mr George Savage

In Attendance:
Dr Kevin Pelan (Assembly Clerk)
Miss Eleanor Murphy (Assistant Clerk)
Miss Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Mr Brian Wilson

The meeting opened at 2.00pm in public session.

Review of the Code and Guide: MLAs’ Employment of Family Members – options for registration.

The Chairperson reminded Members that the Committee had agreed at its previous meeting to propose mandatory registration for the employment of family members.

Members discussed a paper outlining options on the level of detail which would be required for registration.

Agreed: Members agreed to propose mandatory registration under a new Category specifically designed for that purpose in the Register of Members’ Interests.

Agreed: Members agreed that the Clerk reword the description of the proposed new category to reflect that it would cover immediate and wider family relationships.

Agreed: Members agreed to propose an amendment to the purpose of the Register of Members’ Interests.

Agreed: Members agreed to propose that MLAs be required to register their relationship to the family member employed and a brief job description.

Agreed: Members agreed that it would not be necessary to provide examples of the various family relationships which should be registered.

Agreed: Members agreed to propose that MLAs be required to register their employment of other MLA’s family members.

Agreed: Members agreed to propose that the employment of former spouses/partners/civil partners be registered for one financial year.

Agreed: Members agreed that there should be a link in the Register of Interests to guidance on appropriate salary bands for posts filled by family members of an MLA, short but informative job descriptions, and the skills and experience required for the job should be highlighted.

Agreed: Members agreed work experience and brief periods of casual employment should not be registered if the total annual payments to the individual concerned do not exceed 1% of the Members’ annual salary.

Review of the Code and Guide: Category 4 (Sponsorships).

Members agreed to defer consideration of this issue until the next meeting.

Review of the Code and Guide: Category 9 (Shareholdings).

Members agreed to defer consideration of this issue until the next meeting.

The meeting moved into closed session at 3.16pm.

[EXTRACT]

Wednesday 9th April 2008
Room 135, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Mr Willie Clarke (Deputy Chairperson)
Mr Alex Easton
Mr David Hilditch
Mrs Claire McGill
Mr Alastair Ross
Mr Brian Wilson

In Attendance:
Dr Kevin Pelan (Assembly Clerk)
Miss Eleanor Murphy (Assistant Clerk)
iss Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Rev Robert Coulter
Mr George Savage

The meeting opened at 2.00pm in public session.

Review of the Code and Guide: Category 4 (Sponsorships).

Members examined a paper outlining the current guidance on sponsorships and deliberated upon a range of options for amendment to this category.

Mr Clark joined the meeting at 2.16pm
Mr Ross left the meeting at 2.21pm
Mr Ross rejoined the meeting at 2.24pm

Agreed: Members noted the options for inclusion in the draft consultation document and agreed that the Clerk would revise the category for final consideration by the Committee during its read-through of the completed draft consultation document.

Review of the Code and Guide: Category 9 (Shareholdings).

Members examined a paper outlining the current guidance on shareholdings and deliberated upon a range of options for amendment to this category.

Agreed: Members agreed to adopt the thresholds applied by the Scottish Parliament for the registration of shareholdings.

Agreed: Members also agreed to the inclusion of proposals in the draft consultation document to seek comment from consultees on trusts and pensions.

Review of the Code and Guide: MLAs’ employment of family members.

Members examined a draft paper outlining the wording of the proposed new category and considered a report from House of Commons Committee on Standards and Privileges on their agreed position.

Agreed: Members agreed to adopt the revised category heading proposed by the House of Commons Committee on Standards and Privileges.

Agreed: Members agreed to adopt the revised description of registrable relationships proposed by the House of Commons Committee on Standards and Privileges.

Agreed: Members agreed to propose that former partners employed through Office Cost Allowance should remain on the register for one calendar year following the breakdown of a relationship should the employment continue.

Agreed: That the proposed new category should contain a web link signposting readers to pages on the Assembly website containing guidance on salaries and job descriptions for MLAs’ support staff.

[EXTRACT]

Wednesday 23rd April 2008
Room 135, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Mr Willie Clarke (Deputy Chairperson)
Rev Robert Coulter
Mr Alex Easton
Mr David Hilditch
Mrs Claire McGill
Mr Alastair Ross
Mr Brian Wilson

In Attendance:
Dr Kevin Pelan (Assembly Clerk)
Miss Eleanor Murphy (Assistant Clerk)
Miss Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Mr George Savage

The meeting opened at 2.04pm in public session.

Review of the Code and Guide: Draft Consultation Document.

Members considered the Draft Consultation Document

The Committee read and agreed the Cover Page

The Committee read and agreed Committee Powers and Membership subject to amendment

The Committee deferred agreeing the Table of Contents until it had agreed the entire content of the document.

The Committee read and agreed the Background.

The Committee read and agreed Issues Considered by the Committee.

The Committee considered the revised structure of the Code and Guide and agreed that the guiding principles of the Code should be contained in the introductory Volume I.

The Committee read and agreed Volume I subject to proposed amendment.

The Committee read and agreed Volume II subject to proposed amendment.

The Committee read and agreed Volume III subject to proposed amendment.

The Committee read and agreed Category 1 (Directorships).

The Committee read and agreed Category 2 (Remunerated Employment, Office, Profession etc.)

The Committee read and agreed Category 3 (Elected/Public Office) subject to proposed amendment.

The Committee read and agreed Category 4 (Election Support and Political Donations) subject to amendment.

[EXTRACT]

Wednesday 30th April 2008
The Senate Chamber, Parliament Buildings

Present:
Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Mr Willie Clarke (Deputy Chairperson)
Rev Robert Coulter
Mr Alex Easton
Mrs Claire McGill
Mr Alastair Ross
Mr Brian Wilson

In Attendance:
Dr Kevin Pelan (Assembly Clerk)
Miss Eleanor Murphy (Assistant Clerk)
Miss Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)

Apologies:
Mr David Hilditch
Mr George Savage

The meeting opened at 12.45pm in public session.

Review of the Code and Guide: Draft Consultation Document.

Members considered the Draft Consultation Document

The Committee agreed to place the section on Employment Agreements at the end of Category 2.

Rev Coulter joined the meeting at 1.00pm

The Committee read and agreed Category 5, subject to proposed amendment.

The Committee read and agreed Category 6, subject to proposed amendment.

The Committee read and agreed Category 7, subject to proposed amendment.

The Committee read and agreed Category 8, subject to proposed amendment.

The Committee read and agreed Category 9, subject to proposed amendment.

Mr Wilson joined the meeting at 2.07pm

Mr Brolly left the meeting at 2.25pm

The Committee read and agreed Category 10, subject to proposed amendment.

Mr Brolly rejoined the meeting at 2.30pm

The Committee read and agreed Category 11, subject to proposed amendment.

Mr Clarke left the meeting at 2.32pm

The Committee read and agreed Declaration of Members’ Interests.

Mrs McGill left the meeting at 2.45pm

The Committee read and agreed Rule Banning Lobbying for Reward or Consideration.

The Committee read and agreed The Complaints Procedure.

The Committee read and agreed to inclusion of the proposed Rectification Procedure.

Mr Clarke rejoined the meeting at 2.59pm

Agreed: That a note is included in the consultation document indicating that the Committee is seeking clarification on a mechanism for considering complaints against MLAs in the event that the Assembly is suspended.

Agreed: That the proposed amendments are made by the Clerk and the publishing of the consultation document to proceed as scheduled.

Agreed: That the Press Release announcing the release of the consultation document and Public Notice for the Newspaper be released along with the consultation document.

[EXTRACT]

Appendix 2

1 Mr Clarke replaced Mr McHugh as Deputy Chairperson with effect from 21st January 2008.
2 Mrs McGill replaced Mr McHugh as a Member of the Committee with effect from 28th January 2008.
3 Mr Ross replaced Mr Adrian McQuillan as a Member of the Committee with effect from 29th May 2007.

[4] Committee on Standards in Public Life, Fifth Report, Cm 4057-I, paragraph 4.69.

[5] paragraph 4.72.

[6] The total value of the shares issued by the company and made available to the public for purchase i.e. number of issued shares multiplied by nominal value of shares.

[7] The Committee discussed whether there was a mechanism for dealing with complaints in the event of the Assembly being suspended. While this is investigated the Committee decided that the consultation should not be delayed, but that it would return to this issue at a later date.

[8] Complainant will first be contacted to ensure name can be released to the Member.

[9] There is a presumption that the name of the complainant will be released to the Member complained of. Only in exceptional circumstances, and on a case by case basis, will the Committee withhold the name of a complainant from the Member.