Report

Appendix: Report submitted by the Assembly Ombudsman for Northern Ireland

Appendix 1: Letter of Complaint from Mr I Paisley Jnr. MLA

Appendix 2: Guidance issued by Assembly Director of Finance and Personnel -
                   Use of Assembly Resources During the General Election Campaign

Proceedings of the Committee Relating to the Report

1. We have considered a Report by the Northern Ireland Assembly Ombudsman relating to the complaint by Mr Ian Paisley Jnr., MLA North Antrim, against senior members of the Social Democratic and Labour Party. The Ombudsman's Report is appended to this Report.

2.The Assembly Ombudsman recommended that the Committee refer the matter formally to the Assembly Commission for consideration.

3.We agree with the Assembly Ombudsman's Report. We draw the particular attention of the Assembly to paragraphs 8.2 of the Ombudsman's Report, in which he points out that "The guidance, which Mr Paisley alleges was breached, was not issued by the Committee on Standards and Privileges but by the Assembly Commission. I consider it is therefore not appropriate for the Committee to deal with alleged breaches of guidance issued by another Assembly authority. I consider rather that alleged breaches of this guidance would be appropriately dealt with by the Assembly Commission who developed this guidance and under whose authority it was issued."

4. In paragraph 8.3 of the Report the Assembly Ombudsman considered ".. that Mr Paisley adopted the appropriate course of action in his initial attempts to raise the matter through the Director of Finance and Personnel ..".

5.We have referred the complaint and the Assembly Ombudsman's Report to the Assembly Commission.

1.Mr Ian Paisley Jnr MLA lodged a formal complaint with the Committee on Standards and Privileges (the Committee) against senior members of the SDLP alleging a breach of an instruction issued on behalf of the Assembly Commission by its Director of Finance and Personnel regarding the use of Assembly resources during the General Election campaign (see Appendix 1). Mr Paisley had initially raised the complaint with the Director of Finance and Personnel of the Commission who he believed had made a number of unsuccessful attempts to obtain an explanation for him from the SDLP representative on the Assembly Commission. In the absence of any explanation Mr Paisley had referred the complaint formally to the Committee. In accordance with the agreed procedure the principal Clerk of Standards forwarded the complaint to me for consideration.

2.In considering this complaint I sought comment from Mr I Paisley MLA, Mrs B Rodgers MLA, Mr S Mallon MLA (who were named in the complaint) and the Clerk to the Assembly. I examined copies of circulars issued to Members of the Assembly by the Director of Finance and Personnel on the 2 February 2001, 12 March 2001 and 9 May 2001. I also viewed a video of the broadcast to which Mr Paisley had referred in his complaint.

3.The Clerk to the Assembly informed me that under the terms of the Northern Ireland Act 1998 the Assembly Commission is charged with providing the Assembly with property, staff and services. It followed he said that the Commission could regulate the use of any property under its control. He explained that the issue of the use of constituency offices during a general election was common to Westminster and the devolved institutions. The Commission had discussed what arrangements might be possible, based on Westminster and Scottish practice, and agreed the broad principles reflected in the guidance (see Appendix 2). He confirmed that the detailed guidance issued by the Assembly's Director of Finance and Personnel had been approved by the Speaker, acting in his capacity as Chairman of the Commission.

4.1Mr Mallon responded to my enquiry indicating that he did not have a video copy of the broadcast involved. In addition, he told me he has been informed that arrangements had been made with the relevant authority for the short interview in which he had taken part.

4.2Mrs Rodgers was able to arrange for the SDLP Party Headquarters to provide a copy of the election broadcast in a video format to me.

5.Mr Paisley submitted a copy of a newspaper cutting in which his complaint was reported and he pointed out that the report included a response from an SDLP representative in which that individual was quoted as indicating that a room within Parliament Buildings had been used in the election broadcast but that it had not been identified as being part of Stormont. However against this submission I also noted paragraph 66 of the Guide to the Rules relating to the Conduct of Members (the Guide) that complaints founded upon no more than a newspaper story or television report would not normally be regarded as a substantiated allegation.

6.In examining the guidance issued by the Director of Finance and Personnel I noted in the notices dated 2 February 2001 and 12 March 2001 under a heading "Meeting Rooms in Parliament Buildings" that, "as at other times, meeting rooms in the Assembly must not be used for the purpose of election campaigning or any party activity related to elections". The guidance dated 12 March 2001 further indicated that such rooms could not be used for the raising of funds.

7.The video broadcast was very clearly commissioned on behalf of a political party. In addition to a number of sequences apparently taken in a room within Parliament Buildings, it contained footage of news recordings of SDLP members within other parts of the building and also some footage filmed within the grounds of Parliament Buildings.

8.The Code of Conduct and the Guide approved by the Northern Ireland Assembly on 14 December 1999 and amended on 15 October 2001 are designed to deal with the conduct of individual Members in the discharge of their obligations to the Assembly, their constituents and the public at large. The focus of the guidance is in respect of Members' behaviour and conduct as individuals in relation to business undertaken within and on behalf of the Assembly. Nevertheless there is a more general Code paragraph indicating that they should at all times conduct themselves in a manner which will tend to maintain and strengthen the public's trust and confidence in the integrity of the Assembly and never take any action which would bring the Northern Ireland Assembly or its members generally into disrepute. However I have difficulty in applying this guidance to the conduct of political parties.

8.1The video I have viewed is clearly a production commissioned by a political party for election purposes and as such I do not consider it is possible to attribute it to any individual Member of the Assembly.

8.2The guidance which Mr Paisley alleges was breached was not issued by the Committee on Standards and Privileges but by the Assembly Commission. I consider it is therefore not appropriate for the Committee to deal with alleged breaches of guidance issued by another Assembly authority. I consider rather that alleged breaches of this guidance would be appropriately dealt with by the Assembly Commission who developed the guidance and under whose authority it was issued.

8.3In this respect I consider that Mr Paisley adopted the appropriate course of action in his initial attempts to raise the matter through the Director of Finance and Personnel of the Assembly Commission. It is unfortunate that this approach was not developed.

T FRAWLEY
Assembly Ombudsman12th March 2002

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APPENDIX 1

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APPENDIX 2

9 May 2001

Dear MLA

1.Now that the Prime Minister has officially called for the general election for 7 June, I thought it might be worthwhile to remind you of my letters of 2 February 2001 and 12 March 2001 about use of Assembly resources during the general election campaign. I have attached them for ease of reference.

2.It is essential that Assembly resources are not used in the campaign, except under the conditions outlined in my 12 March letter. I would remind you that if you intend to use your constituency office for the campaign, in no matter how small a way - even in support of a fellow Party member - you should ensure that you have registered your intention with the Finance Office using the pro forma provided.

Yours sincerely

D A T MILLAR
Director of Finance and Personnel

APPENDIX 2 (contd)

12 March 2001

Dear MLA

1.I wrote to you on 2 February 2001 setting out rules to be followed with regard to use of Assembly resources during the general election campaign. We have since learned from Westminster that their rules in this area are to be relaxed, to allow Members of Parliament some flexibility in use of resources normally provided and paid for by the Fees Office. The Assembly Commission has decided that we should follow suit. The following rules have therefore been drawn up for guidance.

2.The existing rules on allowances still apply. No mileage or subsistence payments will be paid for expenses incurred in respect of election campaigns.

3.A Member may use his/her constituency office for campaign purposes so long as it is declared to the Finance Office. In consultation with the Member, the Finance Office will agree the percentage split between election use and constituency use. The Member will be expected to meet expenses in terms of rates, rent, electricity, heating etc for that portion of the expenditure during the period which is attributable to the election campaign. Phone bills will have to be disaggregated as well. It is expected that Members will provide their own stationery for election purposes.

4.The Personnel Office will continue to pay Members' staff as normal. However, where a member of staff is engaged in the election campaign, an appropriate reimbursement must be made by the Member in respect of the time spent on election duties. The provision about unpaid leave will be treated similarly. Any pension contribution paid by the Assembly on behalf of the Member to a staff pension scheme will be reimbursed by the Member on the same agreed basis.

5.As stated in my earlier letter, no monies from this source may be used for election purposes.

6.As before, no rooms may be used for election campaigns or raising of funds.

7.It is recognised that the rules above are not exhaustive, and that circumstances will vary from Member to Member. For example, you may wish to pay monthly rent directly rather than through OCA. If it is your intention to use your constituency office, in however small a way, for purposes of the general election, you should complete the attached pro-forma and return it to the Finance Office as soon as possible.

8.When the election is over, we will negotiate with you a final settlement, based on the actual bills received during and after the election. You will be expected to repay the final settlement within 30 days of issue from the Finance Office

Yours sincerely

D A T MILLAR
Director of Finance & Personnel

APPENDIX 2 (contd)

I, Member of the Assembly for
(constituency), declare that it is my intention to make use of my constituency office and/or my staff, currently paid from OCA, for the purposes of conducting an election campaign either on my own behalf or on behalf of my party.

It is further my intention to reimburse the Northern Ireland Assembly with the costs associated with the use of my office and staff for the campaign after it has been completed.

Signed:Party:

Date:

APPENDIX 2 (contd)

2 February 2001

Dear MLA

1.The general election to Westminster, expected to be called soon, will be the first general election to the UK Parliament since the establishment of the Assembly. During the run up to the election the business of the Assembly will continue. The Finance Office wishes to ensure that all Members and their staff are aware of the rules covering the use of Assembly resources which will continue to apply. The following guidance has therefore been prepared on the use of the Assembly's resources, facilities and staff in the run-up to polling day.

2.It is a requirement of the Members' Allowances Determination that all allowances are to be used only for the purpose of Members carrying out their Assembly duties. These duties could include:

• Attending a meeting of the Assembly.
• Attending a meeting of a committee or sub-committee of the Assembly.
• Undertaking research or administrative functions which relate directly to the business of the Assembly.
• Attending meetings for the purpose of representing electors or explaining the application of policy including attending meetings for the purpose of seeing constituents.
• Attending any ceremony or official function or national or international conference as a representative of the Assembly or with the prior approval of a committee of the Assembly.

3.These Assembly duties do not include a Member's activities that are wholly in relation to that Member's role as a party spokesperson or representative.

4.Assembly stationery and office equipment must not be used for party purposes. Material in relation to the general election campaign must therefore not be photocopied using Assembly equipment or Assembly stationery. Pre-paid envelopes provided by the Assembly and the Assembly mail system should not be used for the issue of election material or material of a party political nature.

5.All premises, acquired as constituency offices and paid for out of Office Costs Allowance (OCA) must be used only for Assembly activities, and not for party business. Members should be aware that such premises must not be used as a base for canvassing or election campaigning, or any party activity related to elections.

6.Equipment and supplies paid for out of Office Costs Allowance must not be used, either in Parliament Buildings or in a constituency office, for the purposes of canvassing or election campaigning, or any party activity related to elections.

7.During the hours that they are employed by an MLA and paid from OCA, employees may not undertake any significant party political activity. Campaigning or assisting in the campaign during a by-election or a general election would constitute "significant party political activity". Employees may however be granted unpaid leave to undertake such activity. The Personnel Office must be informed of any arrangement for unpaid leave in order that salary deductions can be made.

8.The Assembly makes payment in accordance with the Financial Assistance for Political Parties Act 1999 to assist political parties represented in the Assembly with any expenses they incur in performing their Assembly duties. As this money is specifically paid in connection with parties roles in the Assembly it must not in any way be used in connection with the general election campaign.

9.During the period of the general election campaign, as at other times, meeting rooms in the Assembly must not be used for the purpose of election campaigning or any party activity related to elections.

10.The criteria for admissibility of Assembly Questions are covered in Standing Orders. There is nothing in Standing Orders which would prevent questions on issues which are "live" in the election campaign being admitted provided they meet the admissibility criteria.

11.Staff of the Assembly are employed by the Assembly Commission to provide an impartial service to the Assembly and its Members. Members should therefore not ask staff at any time to act in any way which would conflict or call into question their political impartiality, or which would give rise to criticisms that people paid from public funds are being used for party political purposes.

12.Further Assembly resources including Committee Clerk support, the services of the Assembly Library, answers to Assembly Questions, IT and telephony equipment and accommodation at Parliament Buildings are provided centrally to Assembly Members. All of these resources are made available to Members in their capacity as Members of the Legislative Assembly rather than in their roles as representatives of parties, and must not be used in connection with the Westminster campaign.

13.Breaches of these rules will be referred to the Standards and Privileges Committee.

14.The above guidance is not exhaustive but draws attention to the main issues which will be of relevance to Members of the Assembly and their staff. There is little doubt that the possible misuse of Assembly resources for campaign purposes will come under very close scrutiny from outside sources. It is essential therefore that resources of the Assembly are not used in any way in connection with the Westminster election.

Yours sincerely

D A T MILLAR
Director of Finance & Personnel

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Apologies:Sir J Gorman

In Attendance:Mr J Torney
Mrs M Miskelly
Mrs J McMurray
Mrs L Stevenson
Mr J Wright

A Report from the Northern Ireland Assembly Ombudsman, Mr Tom Frawley, concerning a complaint had been circulated.

Mr McClelland, Mr Doherty, Dr O'Hagan and Mr Wells declared an interest in relation to the complaint.

The Chairman welcomed Mr Frawley and Mr MacQuarrie to the meeting.

In presenting his Report to the Committee, Mr Frawley summarised the background to the complaint, outlined his method of investigation and concluded with his recommendation to the Committee. Members sought clarification from Mr Frawley on several issues relating to his Report.

Following further discussion, Members agreed to defer a decision on the Ombudsman's Report until the next meeting of the Committee.

Apologies:Sir J Gorman
Mr P Berry

In Attendance:Mr J Torney
Mrs M Miskelly
Mrs J McMurray
Mrs L Stevenson

A decision on the Ombudsman's Report had been deferred from the last meeting of the Committee.

Mr McClelland, Mr Doherty and Mr Wells declared an interest in relation to the complaint.

Following discussion, the Committee agreed to accept the Ombudsman's recommendation and instructed the Clerk to write to Mr Frawley accordingly.

Ordered. That the draft Report be read a second time, paragraph by paragraph.

Front cover of Report read and agreed.

Committee Powers and Membership

Paragraph 1 to 6 read and agreed to.

Committee Report

Paragraph 1 to 5 read and agreed to.

Resolved. That the Report be the First Report of the Committee to the Assembly.

The Committee ordered the Report to be printed.