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Chamber

Meeting of the Parliament 17 May 2023

17 May 2023 · S6 · Meeting of the Parliament
Item of business
Complaint
Ruskell, Mark Green Mid Scotland and Fife Watch on SPTV

I thank members of the SPPA Committee and the Commissioner for Ethical Standards in Public Life in Scotland for their consideration of this case.

As a former member of the committee, I recognise its important work in upholding the values and standards of this institution. The Green group therefore respects the decision that has been made by the SPPA Committee and the commissioner that my colleague Maggie Chapman breached the code of conduct, and we do not wish to reopen that decision.

However, we struggle to agree with the decision to impose a sanction, because it goes against the recent precedent set by the Parliament in dealing with omissions to declare a financial interest. Since the start of session 5 in 2016, the SPPA Committee has upheld five complaints against members relating to a failure to declare a registered financial interest, and only one of those resulted in a sanction.

In that case, the member in question had asked parliamentary questions on an issue in which they held a live financial interest and could have potentially benefited financially from the outcome. It was also the second time that a complaint was upheld against them on the same issue, the first time having resulted in no sanction.

In another more recent case, a member failed to make verbal declarations of substantial gifts from a lobbying organisation, but the committee concluded that

“the finding of a breach is sanction enough.”

The case against Maggie Chapman, however, relates to a previous employment that had long since concluded at the time that the item of business took place in Parliament, so there was no way that Ms Chapman could have benefited financially from the subject that was under discussion on that day.

I am concerned, because the decision sets a precedent for declaring past employment, suggesting that every member in the chamber remains financially tied to all our previous employers for an indefinite period. Imposing a sanction today also undermines the previous position that members are able to make their own judgment on these matters.

In another case, again in 2016, the SPPA Committee admonished a member but imposed no further sanction because

“it is a matter of judgment for the member on whether a registered interest is sufficiently relevant to particular proceedings to require a declaration.”

Yet in this case, the committee has decided that it was not sufficient for Maggie Chapman to use her own judgment, despite her clearly making no attempt to conceal her previous employment, which was declared in her written register of interest.

In the same item of business

The Presiding Officer (Alison Johnstone) NPA
The next item of business is a debate on motion S6M-08946, in the name of Martin Whitfield, on the Standards, Procedures and Public Appointments Committee’s ...
Martin Whitfield (South Scotland) (Lab) Lab
As convener of the Standards, Procedures and Public Appointments Committee, I have the responsibility of lodging and speaking to motions seeking the Parliame...
Ross Greer (West Scotland) (Green) Green
I do not dispute that an inadvertent breach took place, but what Parliament is being asked to vote on is a sanction. I would appreciate it if the committee’s...
Martin Whitfield Lab
I will deal with that matter, as it is specifically dealt with the in the committee’s unanimous report, which has been published and can be read by members i...
Alexander Stewart (Mid Scotland and Fife) (Con) Con
As a member of the Standards, Procedures and Public Appointments Committee, I take the scrutiny and governance of Parliament and its members very seriously. ...
Rhoda Grant (Highlands and Islands) (Lab) Lab
We, as members of the Scottish Parliament, have the privilege of serving the people of Scotland. We must do that in their best interests and as transparently...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
On a point of order, Presiding Officer. I seek your guidance on a general point. In my time in Parliament we have had several instances of standards recommen...
The Presiding Officer NPA
I thank Ms Grahame for her point of order. The convener addressed some of the points raised in Ms Grahame’s point of order, and pointed out that there is no ...
Mark Ruskell (Mid Scotland and Fife) (Green) Green
I thank members of the SPPA Committee and the Commissioner for Ethical Standards in Public Life in Scotland for their consideration of this case. As a form...
Martin Whitfield Lab
Will the member give way?
Mark Ruskell Green
I would like to make progress in laying out our concerns, but I will give way to the committee convener.
Martin Whitfield Lab
I am very grateful. As a point of clarification, does the member agree that the judgment of the individual member must always err on the side of being transp...
Mark Ruskell Green
Indeed—but I have laid out the circumstances in which the case emerged and I do not believe that an incorrect judgment was made in that regard. Many members ...
The Presiding Officer NPA
You must conclude, Mr Ruskell.
Mark Ruskell Green
We believe that those qualities are lacking in the recommendation today.
The Presiding Officer NPA
That concludes the debate on the Standards, Procedures and Public Appointments Committee’s 10th report in 2023, session 6.