Session 2008/2009

Fifth Report

Committee on Standards and Privileges

Report on a Complaint by
Mr Declan O’Loan MLA against Dr Ian Paisley MP MLA

Together with the Report of the Interim Commissioner for Standards,

Letter of Complaint and Minutes of Proceedings of the Committee relating to the Report

Ordered by The Committee on Standards and Privileges to be printed 6 May 2009

Report: 37/08/09R (Committee on Standards and Privileges)

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Membership and Powers

1. The Committee on Standards and Privileges is a Standing Committee of the Northern Ireland Assembly established in accordance with paragraph 10 of Strand One of the Belfast Agreement and under Assembly Standing Order Nos. 51 and 57.

2. The Committee has power:

• to consider specific matters relating to privilege referred to it by the Assembly;
• to oversee the work of the Assembly Clerk of Standards;
• to examine the arrangement for the compilation, maintenance and accessibility of the Register of Members’ Interests and any other registers of interest established by the Assembly, and to review from time to time the form and content of those registers;
• to consider any specific complaints made in relation to the registering or declaring of interests referred to it;
• consider any matter relating to the conduct of Members, including specific complaints in relation to alleged breaches of any code of conduct to which the Assembly has agreed and which have been drawn to the Committee’s attention;
• to recommend any modifications to any Assembly code of conduct as may from time to time appear to be necessary.

3. The Committee is appointed at the start of every Assembly, and has power to send for persons, papers and records that are relevant to its enquiries.

4. The membership of the Committee is as follows:

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

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

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

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

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

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

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

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

Table of Contents

Report 1

Appendix 1:

Report by the Interim Assembly Commissioner for Standards

Appendix 2:

Letter of Complaint by Mr Declan O’Loan MLA

Appendix 3:

Proceedings of the Committee Relating to the Report

Fifth Report

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

Complaint Against Dr Ian Paisley MP MLA

1. The Committee on Standards and Privileges has considered a report by the Interim Assembly Commissioner for Standards (the Interim Commissioner) on a complaint by Mr Declan O’Loan MLA against Dr Ian Paisley MP MLA. The report of the Interim Commissioner and the complaint by Mr O’Loan are appended to this report.

2. The issues raised in this report are substantially the same as some of the issues considered by the Committee in its report 36/08/09R (Report on a Complaint by Mr Declan O’Loan MLA against Mr Ian Paisley Jnr MLA). However, as the circumstances of the complaint are different in relation to Dr Paisley, the Interim Commissioner has presented his findings to the Committee as a separate investigation.

3. There were two issues raised by Mr O’Loan in respect of Dr Paisley’s conduct. Firstly, Mr O’Loan questioned the amount of rent claimed by Dr Paisley for the constituency office at 9/11 Church Street Ballymena; and secondly, he said that Dr Paisley should have registered the fact that his son’s father in law, Mr James Currie, had become the sole Director of Sarcon 250 Ltd (Sarcon 250), the company to which Dr Paisley paid the rent in respect of this office.

4. The allegation in respect of the amount of rent is the same issue as that considered by the Committee in its report 36/08/09R. That report sets out in detail the investigation that the Interim Commissioner carried out into the amount of rent paid. It also sets out the Committee’s consideration of the issue. The Committee concluded in that case, and agrees again in respect of the allegation against Dr Paisley, that the amount claimed for rent is significantly in excess of what might be regarded as a normal market rent. However, as the Interim Commissioner has advised that there is no limit to the level of rent that can be claimed within the overall total for Office Cost Allowance, and that Dr Paisley has therefore not broken any rules, the Committee considers that Dr Paisley has not breached the Code of Conduct. The Committee also noted that the Commissioner for Valuation had advised that the rental arrangement which obtains is understandable in commercial terms as the landlord needed a return on this element of his capital investment. This aspect to the complaint is therefore not upheld.

5. In his previous investigation the Interim Commissioner also considered Mr Currie’s role in relation to Sarcon 250. Mr Currie is Mr Paisley Jnr’s father in law. While the Committee agreed with the Interim Commissioner’s conclusion that Mr Paisley Jnr should have registered the fact that Mr Currie was the beneficial shareholder of Sarcon 250, the Committee also agrees with the Interim Commissioner that the requirements for registration do not extend to registering interests at the level of a son’s father in law. This part of Mr O’Loan’s complaint, in respect of Dr Paisley, is therefore not upheld.

6. The Interim Commissioner also pointed out that, from Dr Paisley’s point of view, in light of the protection from speculation which registration would provide it might be prudent to register such circumstances. This is a matter for Dr Paisley.

7. The Interim Commissioner had already identified a number of issues in respect of Office Cost Allowance which had arisen out of his investigation of Mr O’Loan’s complaint against Mr Paisley Jnr. The Committee agreed with the Interim Commissioner’s concerns and has written to the Assembly Commission to urge that the rules governing the use of Office Cost Allowance should be reviewed urgently to take account of these issues. The Interim Commissioner has now raised a further issue about circumstances where Members share offices. The Interim Commissioner has advised that his understanding of the Westminster practice is that where more than one Member shares rented accommodation, all Members using the accommodation should be signatories to the lease. The Committee has agreed to bring this issue to the attention of the Assembly Commission for consideration.

Report by the Interim Assembly Commissioner
for Standards

Covering Letter from Interim Commissioner

Appendix 2

Letter of Complaint by

Mr Declan O’Loan MLA

Appendix 3

Proceedings of the Committee Relating
to the Report

Wednesday, 6th May 2009
Room 135, Parliament Buildings

Present: Mr Willie Clarke (Deputy Chairperson)
Mr Allan Bresland
Mr David Hilditch
Mr Paul Maskey
Mr Alastair Ross
Mr George Savage
Mr Brian Wilson

In Attendance: Mr Paul Gill (Assembly Clerk)
Ms Hilary Bogle (Assistant Clerk)
Mr Gerard Rosato (Clerical Supervisor)
Mr Christopher McNickle (Clerical Officer)

Apologies: Mrs Carmel Hanna (Chairperson)
Mr Francie Brolly
Rev Robert Coulter
Mr Jonathan Craig

The meeting commenced at 2.03pm in closed session.

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

Members noted the contents of a Report received from the Interim Assembly Commissioner for Standards on a complaint against a Member.

2.07pm The Chairperson welcomed Dr Tom Frawley, Interim Assembly Commissioner for Standards and Mr John MacQuarrie, Director for Standards and Special Projects, Ombudsman’s Office and invited them to make a presentation to the Committee. After the presentation Dr Frawley and Mr MacQuarrie answered a number of questions from the Committee.

2.22pm Dr Frawley and Mr MacQuarrie left the meeting.

2.25pm Mr Maskey left the meeting.

2.27pm Mr Maskey returned to the meeting.

2.29pm Mr Maskey left the meeting.

2.31pm Mr Maskey returned to the meeting.

Agreed: The Committee agreed with the conclusions in the Interim Commissioner’s Report.

Agreed: Following discussion the Committee agreed the draft Report.

Agreed: The Committee agreed to write to the Commission about an issue identified by the Interim Commissioner.

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