Session 2008/2009

Third Report

Committee on Standards and Privileges

Report on a Complaint by
Mr Lyle Cubitt against
Mr Ian Paisley Jnr 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 26 February 2009

Report: 32/08/09R (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;
• to consider any matter relating to the conduct of Members, including specific complaints in relation to alleged breaches of any code of conduct to which the Assembly has agreed and which have been drawn to the Committee’s attention;
• to recommend any modifications to any Assembly code of conduct as may from time to time appear to be necessary.

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

4. The membership of the Committee is as follows:

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

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

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

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

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

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

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

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

Table of Contents

Report

Appendix 1:

Report by the Interim Assembly Commissioner for Standards

Appendix 2:

Letter of Complaint by Mr Lyle Cubitt

Appendix 3:

Proceedings of the Committee Relating to the Report

Third Report

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

Complaint Against Mr Ian Paisley Jnr MLA

1. The Committee on Standards and Privileges has considered a report by the Interim Assembly Commissioner for Standards into a complaint by Mr Lyle Cubitt against Mr Ian Paisley Jnr MLA. The report of the Interim Assembly Commissioner for Standards and the complaint by Mr Cubitt are appended to this report.

2. Mr Cubitt’s complaint was premised on the fact that Land Registry records show that on 20 October 2004 Mr Paisley Jnr and his wife purchased a property (Unit 1) for £3,000 less than another property (Unit 3), which was purchased on the same day in the same development. This was despite the fact that Mr and Mrs Paisley’s property was larger and more valuable. Mr Cubitt suggested that the lower price paid by Mr and Mrs Paisley seemed like a ‘partial gift’ from the developer (S and C Sweeney) and therefore should have been disclosed by Mr Paisley Jnr. Mr Cubitt also states that Mr Paisley Jnr has canvassed various matters for the developer over a number of years.

3. The Code of Conduct together with the Guide to the Rules relating to the Conduct for Members sets out the duties of Members in respect of registration and declaration of interests. Where such interests exist Members must also apply the rule prohibiting paid advocacy. Specifically, as far as Mr Cubitt’s complaint is concerned, Members are obliged to register (and declare where relevant) any gift to the Member or the Member’s partner of greater value than £125 or any material benefit of a value greater than 0.5% of the Member’s Assembly salary from any company, organisation or person within the UK which in any way relates to membership of the Assembly.

4. More generally, a Member should register or declare any pecuniary interest if it might reasonably be thought by others to influence his or her actions as a Member of the Northern Ireland Assembly.

5. The Interim Commissioner considered this complaint and, after having spoken to the estate agent involved in the handling of the marketing of this development, and after having reviewed a previous correspondence file in relation to Mr Paisley’s property (Northern Ireland Assembly Report 37/08/09R refers), he established a number of further facts relevant to the consideration of this case.

6. The date referred to in the complainant’s letter (20 October 2004) relates to the date of completion of the sale of the two respective properties, as recorded in Land Registry records. However, while this date of completion is recorded as being the same for the two properties, the date on which the two prices were agreed is different. Correspondence provided by Mr Paisley Jnr’s solicitor dated 14 May 2004 confirms that Mr Paisley Jnr had agreed the price for his property by this date. The estate agent involved in the marketing of the development also confirmed that Mr Paisley Jnr’s property was agreed to be sold before he (the estate agent) was instructed to begin actively marketing the other units for sale in May 2004.

7. The price for Unit 3, (the property referred to by the complainant), however, was not agreed until after the properties had been actively marketed in May 2004 and the estate agent advised that he did not receive his fee for the sale of this property until 1 November 2004.

8. The estate agent also pointed out that Units 2 and 4 in the same development were sold for £10,000 less that Unit 3. This was despite the fact that each of these properties are of a similar size and share the same capital value. However, significantly, Unit 3 was sold at a later date.

9. A further point made by the estate agent was that he considered the price paid by Mr Paisley Jnr represented a fair price for the property in May 2004.

10. The Committee noted that the estate agent considered the price paid by Mr Paisley Jnr represented a fair price for the property in May 2004. The Committee is satisfied that Mr Paisley had agreed the price for his property by 14 May 2004. The Committee also believes that it is reasonable to conclude that in 2004 property prices at this development would have increased with the passage of time.

11. Having gathered the further information and evaluated the complaint, the Interim Commissioner concluded that on the basis of the information available to him Mr Paisley Jnr did not have a registrable interest in respect of the purchase of this property. The Committee agrees with this conclusion and the complaint is therefore not upheld.

Report by the Interim Assembly Commissioner
for Standards

Covering Letter from Interim Commissioner

Appendix 2

Letter of Complaint

(Site Map was submitted with complaint)

Appendix 3

Proceedings of the Committee Relating to the Report

Wednesday, 25th February 2009
Room 135, Parliament Buildings

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

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

Apology: Mr Paul Maskey

The meeting commenced at 2.37pm in open session.

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

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

The Chairperson welcomed Dr Tom Frawley, Interim Assembly Commissioner for Standards, and invited him to make a short presentation to the Committee. After the presentation Dr Frawley answered a number of questions from the Committee.

Agreed: After Dr Frawley left the meeting, the Committee discussed the report and agreed with its conclusions.

Agreed: Members agreed that the Committee should meet on Thursday 26th February 2009 in order to agree its Report on this complaint.

The Chairperson adjourned the meeting at 3.50pm.

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Thursday 26th February 2009
Room 135, Parliament Buildings

Present: Mrs Carmel Hanna (Chairperson)
Mr Jonathan Craig
Mr David Hilditch
Mr Paul Maskey
Mr Alastair Ross

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

Apologies: Mr Allan Bresland
Mr Francie Brolly
Mr Willie Clarke
Rev Robert Coulter
Mr George Savage
Mr Brian Wilson

The meeting commenced at 1.05pm in closed session.

5. Committee Report on a complaint against a Member

Agreed: Following consideration the Committee agreed its Report for printing.

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