Committee on Standards and Privileges

Report on a Complaint
Against
Mr Sammy Wilson MP MLA by
Ms Jennifer McCann MLA on behalf of the All Party Group on Ethnic Minority Communities

Together with the Report of the Interim Assembly 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 24th March 2010
Report: NIA 45/09/10R (Committee on Standards and Privileges)

Session 2009/2010

Second Report

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 No. 57.

2. The Committee has power:

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

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

4. The membership of the Committee is as follows:

• Mr Declan O’Loan, Chairperson[1]
• Mr Willie Clarke, Deputy Chairperson[2]
• Mr Allan Bresland
• Mr Thomas Buchanan[3]
• Mr Trevor Clarke[4], [5]
• Rev Dr Robert Coulter
• Mr Billy Leonard[6]
• Mr Paul Maskey[7], [8]
• Mr Alastair Ross[9]
• 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 of Standards, 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 Declan O’Loan replaced Mrs Carmel Hanna with effect from 3 July 2009

[2] Mr Willie Clarke replaced Mr Gerry McHugh as Deputy Chairperson with effect from 21 January 2008

[3] Mr Thomas Buchanan replaced Mr David Hilditch with effect from 14 September 2009

[4] Mr Jonathan Craig replaced Mr Alex Easton with effect from 15 September 2008

[5] Mr Trevor Clarke replaced Mr Jonathan Craig with effect from 14 September 2009

[6] Mr Billy Leonard replaced Mr Francie Brolly with effect from 11 January 2010

[7] Mrs Claire McGill replaced Mr Gerry McHugh with effect from 28 January 2008

[8] Mr Paul Maskey replaced Ms Claire McGill with effect from 20 May 2008

[9] Mr Alastair Ross replaced Mr Adrian McQuillan with effect from 29 May 2007

Table of Contents

Report

Appendix 1:

Report from the Interim Assembly Commissioner for Standards

Appendix 2:

Letter of complaint by Ms Jennifer McCann MLA on behalf of the All Party Group on Ethnic Minority Communities

Appendix 3:

Proceedings of the Committee Relating to the Report

Report

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

Complaint Against Mr Sammy Wilson MP MLA

1. The Committee on Standards and Privileges has considered a report by the Interim Assembly Commissioner for Standards on a complaint from Ms Jennifer McCann MLA (on behalf of the All Party Assembly Group on Ethnic Minority Communities) against Mr Sammy Wilson MP MLA. The report of the Interim Assembly Commissioner and the complaint by Ms McCann are appended to this report.

2. Ms McCann’s complaint referred to comments made by Mr Wilson on the BBC Politics Show of 25 January 2009. She quoted Mr Wilson as having said:

“However, when it comes to a downturn, I think if jobs are becoming vacant and you’ve got people with equal skills, and can do the job, etc., then I think preference should be given to people from Northern Ireland".

3. Ms McCann alleged that Mr Wilson’s comments on this programme breached the Northern Ireland Assembly’s Code of Conduct. Under the ‘Public Duty’ section of the Code, Members of the Assembly have a duty to uphold the law and to act on all occasions in accordance with the public trust placed in them.

4. The European Commission’s position is that any European Union citizen has the right to take up an activity in another Member State under the same conditions as apply to its own nationals. The recruitment of Community nationals may not be restricted in number or percentage nor depend on criteria which are discriminatory by comparison with those applied to nationals. Consequently, employers have particular legal duties not to discriminate. Ms McCann contended that Mr Wilson’s comments could ‘be construed as implicitly instructing employers and employees to discriminate against EU migrants based on their nationality’.

5. Ms McCann also suggested that Mr Wilson’s comments might lead to incitement of racial hatred and that reported incidents of racist graffiti may have been the consequence of Mr Wilson’s remarks.

6. In advance of carrying out his investigation the Interim Assembly Commissioner had raised the question of the capacity in which Mr Wilson was acting when he made the comments which led to the complaint. In addition to being an MLA, Mr Wilson was at that time also the Environment Minister, an MP and a Councillor. The Committee considered this question and was satisfied that the complaint fell within the scope of the Assembly’s Code of Conduct. The new Code of Conduct has clarified the circumstances in which the Assembly’s Code continues to apply to Ministers. The Committee agreed that this clarified position should inform the handling of any existing complaints against Ministers. Furthermore, the Assembly Code continues to apply to those Members who hold other mandates except in circumstances where the Member is unequivocally acting exclusively in the capacity of that other mandate. That was not the case in this instance.

7. As part of his investigation the Interim Assembly Commissioner sought and was provided with an unedited transcript of the full interview that Mr Wilson had given. The Interim Assembly Commissioner also met with Mr Wilson in order to obtain some further detail about the circumstances of the interview. Both the unedited transcript of the full interview and the note of the Interim Assembly Commissioner’s meeting with Mr Wilson are included in the Interim Assembly Commissioner’s report.

8. The Committee has considered Mr Wilson’s broadcasted comments, the transcript of the full interview and the note of the Interim Assembly Commissioner’s meeting with Mr Wilson. The Committee is satisfied that in the interview that he gave Mr Wilson was not seeking to instruct anyone to act unlawfully. Rather, it is the Committee’s view that Mr Wilson was simply expressing his views and opinions.

9. Mr Wilson’s views and comments on the issue of employing migrant workers may appear to some to conflict with the European Commission’s position on the employment rights of EU citizens and with employers’ legal duties in respect of discrimination. However, whether or not this is the case is immaterial in respect of the Committee’s consideration of this complaint. The Committee has previously stated its belief that it is fundamental within a democracy that elected representatives should be free, within the law, to express any political opinion that they may hold and that the Assembly should not seek to prevent or limit any political opinion being expressed legally. To do so would suppress a Member’s right to free speech and would be inconsistent with the principles of a democratic society.

10. The Assembly recognised this when it clarified the position on free speech of Members in its updated Code of Code. While Members have a duty in respect of the manner in which they express their opinions, the Code states that Members are entitled to legally express any political opinion that they may hold.

11. Mr Wilson’s comments and Ms McCann’s complaint predate the revised Code of Conduct. However, the revised Code of Code simply made explicit an existing fundamental principle. It is not the purpose of the Assembly’s Code of Conduct to prevent Members from legally expressing their opinions. The complaint is therefore not upheld.

Appendix 1

Report from the Interim Assembly Commissioner
for Standards

Appendix 2

Letter of complaint by
Ms Jennifer McCann MLA on behalf of the All Party Group on Ethnic Minority Communities

Mr. Paul Gill
Committee Clerk
Committee of Standards and Privileges
Rm. 284 Parliament Buildings
Stormont
Belfast
BT4 3XX

10 February 2009

Dear Mr. Gill

Re: The Recent remarks made by Mr. Sammy Wilson, MLA on the BBC Politics Show

The All Party Assembly Group on Ethnic Minority Communities is greatly concerned with regard to the recent remarks made by Mr. Sammy Wilson, MLA on the BBC Politics Show on Sunday, 25th January 2009. During the interview, Mr Wilson stated:

“……However, when it comes to a downturn, I think if jobs are becoming vacant and you’ve got people with equal skills, and can do the job, etc., then I think preference should be given to people from Northern Ireland." He said it made sense to give preference to people “with roots here." He further said, “A lot of people moved in because of opportunities that there were."

(The full transcript can be accessed via the following website:
http://www.youtube.com/watch?v=jsRlajKMB4I)

We strongly feel that the remarks were in breach of the Code of Conduct for Members of the Northern Ireland Assembly, particularly under the heading of Public Duty, in reference to the section which states that all members are to “ uphold the law and to act on all occasions in accordance with the public trust placed in them."

The remarks of Mr. Wilson can be construed as implicitly instructing employers and employees to discriminate against EU migrants based on their nationality. It is unlawful under the equality law in Great Britain, as well as in Northern Ireland. It also infringes the EU law regarding Free Movement of Persons. This piece of legislation is one of the cornerstones in the creation of the European Community and now the European Union. It guards against national protectionism within the Community.

Such comments might also lead to incitement of racial hatred. The recent graffiti “British jobs for British People" alongside other graffiti stating “Poles out!" in the Village area (at Donegal Road) and similar graffiti in Ballymena could be the consequences of Mr Wilson’s remarks.

We would like to ask the Committee to investigate the above complaint. We anticipate a prompt and comprehensive response.

Yours sincerely

Jennifer McCann

Chair

On behalf of the
All Party Assembly Group on Ethnic Minorities Communities

Appendix 3

Proceedings of the Committee Relating to the Report

Wednesday, 10th March, 2010
Room 144, Parliament Buildings

Present: Mr Declan O’Loan (Chairperson)
Mr Willie Clarke (Deputy Chairperson)
Mr Allan Bresland
Mr Billy Leonard
Mr Paul Maskey
Mr George Savage

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

Apologies: Mr Thomas Buchanan
Rev Dr Robert Coulter
Mr Brian Wilson

1.16pm The meeting commenced in open session.

8. Interim Assembly Commissioner’s Report on a Complaint against a Member

The Chairperson having declared an interest in this item withdrew from the meeting and the Deputy Chairperson took the chair.

Mr Leonard declared an interest in that he had just become a member of the All Party Group that had made the complaint. Mr Leonard confirmed that he had not been a member of the group at the time the complaint was made and therefore had no prior knowledge of the complaint.

Members noted the report from the Interim Assembly Commissioner for Standards on a complaint against a Member together with the original letter of complaint.

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 Dr Frawley to brief the Committee on his report.

The Committee noted further correspondence that had been received by the Interim Assembly Commissioner for Standards in respect of the evidence he had acquired during his investigation.

Following discussion the Chairperson thanked Dr Frawley and Mr MacQuarrie for attending the meeting.

3.28pm The Committee adjourned.

3.39pm The Committee reconvened.

Agreed: The Committee agreed that the Member in question had not breached the Code of Conduct. However Members raised concerns in respect of some matters in the Interim Commissioner’s report.

Agreed: The Committee also agreed to seek legal advice on an issue raised before agreeing its report on the complaint.

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Wednesday, 24th March, 2010
Room 144, Parliament Buildings

Present: Mr Declan O’Loan (Chairperson)
Mr Willie Clarke (Deputy Chairperson)
Mr Allan Bresland
Mr Trevor Clarke
Rev Dr Robert Coulter
Mr Billy Leonard
Mr Alastair Ross
Mr George Savage
Mr Brian Wilson

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

Apologies: Mr Thomas Buchanan
Mr Paul Maskey

1.15pm The meeting commenced in closed session.

7. Interim Assembly Commissioner’s Report on a Complaint against a Member

The Committee considered legal advice on the issue raised in the correspondence previously tabled by the Interim Assembly Commissioner for Standards.

Agreed: The Committee agreed to publish the full report of the Interim Assembly Commissioner for Standards including appendices.

Agreed: The Committee agreed the draft Report as amended.

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