Session 2009/2010
First Report
Committee on Standards and Privileges
Report on a Complaint Against
Mr Martin McGuinness MP MLA by Mr Lyle Cubitt
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 23 September 2009
Report: NIA 7/09/10R (Committee on Standards and Privileges)
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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. 50 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:
Mr Declan O'Loan, Chairperson[1]
Mr Willie Clarke, Deputy Chairperson[2]
Mr Allan Bresland Mr Francie Brolly
Rev Dr Robert Coulter Mr Trevor Clarke[3] [4]
Mr Thomas Buchanan[5] Mr Paul Maskey[6] [7]
Mr Alastair Ross[8] 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 Declan O'Loan replaced Mrs Carmel Hanna as Chairperson with effect from 3 July 2009.
[2] Mr Clarke replaced Mr McHugh as Deputy Chairperson with effect from 21st January 2008.
[3] Mr Jonathan Craig replaced Mr Alex Easton as a Member of the Committee with effect from 15 September 2008.
[4] Mr Trevor Clarke replaced Mr Jonathan Craig with effect from 14 September 2009.
[5] Mr Thomas Buchanan replaced Mr David Hilditch with effect from 14 September 2009.
[6] Mrs McGill replaced Mr McHugh as a Member of the Committee with effect from 28th January 2008.
[7] Mr Maskey replaced Mrs McGill as a Member of the Committee with effect from 20 May 2008.
[8] 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 from 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
First Report
The Committee on Standards and Privileges has agreed to the following Report:
Complaint Against
Mr Martin McGuinness MP MLA
1. The Committee on Standards and Privileges has considered a report by the Interim Assembly Commissioner for Standards on a complaint by Mr Lyle Cubitt against Mr Martin McGuinness MP MLA. The report of the Interim Commissioner and the complaint by Mr Cubitt are appended to this report.
2. Mr Cubitt's complaint referred to a former lease of the premises at 7 – 9 The Square, Coalisland, which is used by Mr McGuinness as a constituency office. Mr Cubitt pointed out that the lease in question stated that the premises should be occupied only as a private dwelling house. Furthermore, Mr Cubitt alleged that he had been informed by the relevant planning office that no permission had been granted or indeed applied for in respect of the change of use from a dwelling.
3. Mr McGuinness has acknowledged that the former lease did state that the property was to be used only as a private dwelling. However, Mr McGuinness has also explained that his landlord always knew that the property was to be used as an office and that this was not reflected in the lease because of an innocent mistake on the landlord's behalf. It is Mr McGuinness's understanding that the landlord had simply copied the terms of the lease from other residential leases without making the necessary amendments.
4. The Interim Commissioner has advised that this inaccuracy in the lease “did not … mislead any of the parties involved in the transaction as to the intended use of the property". The Committee agrees with this view and accepts Mr McGuinness's explanation for the inaccuracy in the lease. The Committee also notes that Mr McGuinness has provided the current lease for the premises, dated 1 April 2007, which specifically states that the property is to be used as an office.
5. In respect of Mr Cubitt's allegation that planning permission had been neither granted nor applied for to change the use of the premises from a dwelling, Mr McGuinness has provided planning permission granted in relation to the property from 1991. In addition, the Chief Executive of the Planning Service has provided the background to planning history insofar as records are available. While there are gaps in relation to the records held by Planning Service, the Chief Executive has advised that planning permission granted in 1991 would include the use of the first floor premises as a constituency office. The Chief Executive is also satisfied that from the information available there is no evidence to show that the use of the ground floor as a constituency office is a breach of planning control.
6. The Interim Commissioner has concluded in light of the information available to him that Mr McGuinness has not breached the Northern Ireland Assembly's Code of Conduct. The Committee agrees with this conclusion and the complaint is therefore not upheld.
7. The Interim Commissioner referred in his report to the need for Members to be vigilant in respect of the administrative arrangements underpinning the accommodation they use for constituency purposes. In this particular case Mr McGuinness has accepted that he made an error in not checking the lease. The Committee would point out to all Members the importance of ensuring that leases for premises to be used as constituency offices are both accurate and appropriate.
8. The Interim Commissioner went on to say that he would regard it as particularly important that a Member should satisfy him or herself that all necessary statutory approvals are in place before entering into a lease for premises to be used as a constituency office. The Committee is aware that the Assembly Commission is currently reviewing the Members' Financial Services Handbook and believes that as part of this review consideration should be given to the extent to which Members should have a responsibility for ensuring that statutory approvals are in place before entering into a lease for premises to be used as a constituency office.
Report from the
Interim Assembly Commissioner for Standards
Extract from
Mr McGuinness's current lease
Committee Reproduction of
Extract from Planning Permission:
Planning Permission
Planning (Northern Ireland) Order 1991
APPLICATION NO: M/91/0409
Date of Application: 27th August 1991
Site of proposed
development:7 – 9 The Square, Coalisland
Description of
Proposal: Alterations and improvements to property including change of use of 1st floor from residential to commercial space.
Appendix 2
Letter of complaint by
Mr Lyle Cubitt
Appendix 3
Proceedings of the Committee Relating
to the Report
Wednesday, 23rd September 2009
Room 135, Parliament Buildings
Present: Mr Declan O'Loan (Chairperson)
Mr Willie Clarke (Deputy Chairperson)
Mr Allan Bresland
Mr Thomas Buchanan
Mr Trevor Clarke
Mr Francie Brolly
Rev Robert Coulter
Mr Paul Maskey
Mr Alastair Ross
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)
The meeting commenced at 2.05pm in closed session.
2. Declaration of Interests
Reverend Coulter declared that the complainant in the Report from the Interim Assembly Commissioner for Standards on a complaint against a Member was his solicitor.
5. Report from the Interim Assembly Commissioner for Standards
Members noted the contents of a Report, distributed to Members in advance of today's meeting, which was received from the Interim Assembly Commissioner for Standards on a complaint against a Member.
2.08pm Mr Brolly joined the meeting.
2.08pm 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.
Agreed: Following discussion Mr Willie Clarke put the proposal that the Committee accept the Report and recommendations of the Interim Assembly Commissioner for Standards.
The Chairperson put the question: that that the Committee accept the Report and recommendations of the Interim Assembly Commissioner for Standards.
The Committee divided:-
AYES |
NOES |
ABSTENTION |
|---|---|---|
| Mr Francie Brolly Mr Willie Clarke Mr Paul Maskey Mr Declan O'Loan Mr Brian Wilson |
Mr Allan Bresland Mr Thomas Buchanan Mr Trevor Clarke |
Reverend Coulter |
The motion was carried.
Agreed: Members agreed the draft Committee report.
2.55pm Mr Ross joined the meeting.
[EXTRACT]