MINUTES OF PROCEEDINGS OF THE SECOND MEETING
OF THE COMMITTEE ON STANDARDS AND PRIVILEGES
IN ROOM 135 PARLIAMENT BUILDINGS
ON TUESDAY 6 JUNE 2000

1.Declaration of Interests
2. Minutes of Meeting of 11 February 2000
3. Matters Arising
4. Sixth Report of the Committee on Standards in Public Life
5. Standards and Privileges Committee; Powers and Sanctions
6. Other Issues
7. Date and Times for Future Meetings
8. Date of Next Meeting
9. Any Other Business

Present:Mr D McClelland (Chairman)
Mr R Beggs Jnr (Deputy Chairman)
Dr I Adamson
Mr A Doherty
Sir J Gorman
Mr K McCarthy
Mr P McNamee
Mr D O'Connor
Dr D O'Hagan
Mr E Poots
Mr J Wells

In Attendance:Mr J TorneyMrs S Murphy
Mrs C DarrahMrs D Williams

The Committee met at 4.35 pm in private session.

1.Declaration of Interests

The Chairman reminded members of their obligation to ensure that any relevant pecuniary or other interests were declared before and during every Committee meeting as appropriate.

2.Minutes of Meeting of 11 February 2000

(i)The minutes were proposed by Mr D O'Connor and seconded by Mr R Beggs Jnr as an accurate record of the last meeting of the Committee.

(ii)The Chairman advised members that, on the instruction of the Clerk of Committees to Committee Clerks, minutes of meetings should record the start and finish times of meetings and the times at which members leave and return to meetings.

Dr D O'Hagan joined the meeting at 4.40 pm.

(iii)Following a short discussion the Chairman reminded members of the sensitive nature of the issues referred to the Committee and the need for confidentiality.

3.Matters Arising

(i)The Chairman informed members that the press notice agreed at the first meeting of the Committee had been issued.

The Committee resolved that a press release would only issue when it wished to draw public attention to a substantive matter or issue being considered.

(ii)The Chairman informed members that the Register of Members' Interests continued to be updated by the Clerk on the basis of notification from members that their existing entries needed to be amended. He reminded Committee members that the Register was available for public inspection in the Clerk's Office and it could also be accessed on the Assembly website. Members could also inspect a copy of the Register in the Members' Library.

4.Sixth Report of the Committee on Standards in Public Life

(i)The Chairman informed members that a summary of chapters 3, 5 and 7 of the Sixth Report of the Committee on Standards in Public Life "Reinforcing Standards" had been circulated.

(ii)The Chairman advised Committee members that the Office of the First Minister and Deputy First Minister had responsibility for the Nolan Standards in Public Life. He also informed them that the Committee of the Centre was remitted to examine and report on a number of the functions of the Office of the First Minister and Deputy First Minister including Nolan Standards.

(iii)The Chairman noted that Chapter 3 of the Report which related to disciplinary procedures in the House of Commons and guidelines on the ban on paid advocacy was of particular interest to members. It was noted that in 1995, the House of Commons established the Office of Parliamentary Commissioner for Standards. This is responsible for advising members on, and playing an independent role in the enforcement of the rules in respect of the conduct of members. Following a lengthy discussion the Committee resolved the following:

(a)The Committee will conduct a formal enquiry into the possible appointment of an Assembly Commissioner for Standards after the summer recess.

(b)The Clerk should begin work on terms of reference, the identification of witnesses and other procedural matters relating to the enquiry.

(c)The procedures in place in Westminster, Edinburgh, Cardiff and Dublin should be considered as well as further afield if appropriate.

(iv)The Chairman advised members that the Report recommended a new procedure in the case of serious contested cases. This new procedure involved an investigative tribunal consisting of an independent lawyer of substantial seniority as Chairman sitting with 2 or 4 experienced MP's with a right of appeal. The Committee resolved that it would defer consideration of the investigative tribunal process until after the enquiry into the appointment of a Commissioner for Standards.

(v)The Committee noted that the Report recommended that the ban on paid advocacy should be retained, but that the Guide to the Rules relating to the Conduct of Members should be amended to make it possible for an MP who has a personal interest to initiate proceedings which relate in a general way to that interest, subject to several safeguards. The Committee resolved that consideration of this should be deferred to see if the existing Guide to the Rules relating to the Conduct of Members operates satisfactorily.

(vi)As regards Chapter 7 of the Report which dealt with Lobbying and All-Party Groups, the Chairman advised members that it was recommended that there should not be a formal register of lobbyists and that regulation of lobbying should be through regulation of "the lobbied" rather than "the lobbyists". Regarding All-Party Groups the Report showed that the Committee had received no evidence to suggest that the organisation and funding arrangements for All-Party Groups was a cause for concern. The Chairman informed members that no All-Party Groups had registered to date but they are obliged to do so in accordance with a resolution of the Assembly on 22 February 1999. The Committee resolved that no further action on the registration of All-Party Groups was required.

(vii)The Committee noted that Chapter 5 of the Report recommended the provision of a statutory framework to regulate the Civil Service. It proposed that a timetable for the implementation of the Government's commitment to a Civil Service Act should be produced as soon as possible. The Chairman advised members that this issue was not the responsibility of this Committee; it was a matter for the Office of the First and Deputy First Ministers and the Committee of the Centre to consider. The Committee resolved that the Clerk should refer this issue and the Report to the Clerk of the Committee of the Centre.

5.Standards and Privileges Committee: Powers and Sanctions

(i)The Chairman informed members that a short paper had been circulated detailing the power and sanctions of the relevant Standards and Privileges Committees in Westminster, Scotland, Wales and the Republic of Ireland.

(ii)The Committee resolved that the Chairman and Deputy Chairman should meet with the Speaker and/or his Special Adviser to discuss what powers this Committee has and whether the powers should be enhanced.

6.Other Issues

A detailed discussion took place on six other issues referred to the Committee for consideration. Appropriate action to be taken on each was agreed by the Committee.

Mr D O'Connor left the meeting at 6.17 pm.

7.Dates and Times for Future Meetings

Following a discussion it was agreed that the Committee would meet on Tuesdays in Room 135 after the House rises.

Mr D O'Connor rejoined the meeting at 6.30 pm.

8.Date of Next Meeting

The Committee will meet on Tuesday 13 June 2000 in Room 135, Parliament Buildings. The meeting will be closed. The meeting will take place at 2.00 pm in the event of the plenary session concluding in the morning. If plenary business extends into the afternoon the meeting will take place immediately after the Houses rises.

9.Any Other Business

(i)The Committee agreed that members should be required to reply to correspondence from the Committee within 8 working days.

(ii)The Chairman informed members that Mrs S Murphy was leaving the Committee Office to take up a new post in the Department of Regional Development. On behalf of the members he thanked her for all her hard work and wished her well in her new job.

The meeting concluded at 6.33 pm.