Hansard

It is with great pleasure that I am able, on behalf of my colleagues on the Standards Committee, to present our first report of 2000, which proposes a draft code of conduct for MSPs. It is hoped that the Parliament will be able today to give unanimous backing to this code, which we believe is both rigorous and fair.

First, I pay tribute to the hard work of my committee colleagues in delivering this substantial report to the Parliament in such an expeditious fashion. I can assure the chamber that, despite the press's penchant for seeking out disagreement, the report was produced in the spirit of the new politics and is a credit to the committee's ability to work as a closely knit team.

The only matter on which there was not full agreement is the reference to the oath of allegiance in section 2.3. I must emphasise that its inclusion in the code is purely a statement of fact and replicates the wording of the Westminster code of conduct. On that basis, the committee believes that the amendment is unnecessary.

We believe that it is important to emphasise the positive function of a code of conduct. The code exists not to ensnare members, but to assist them in their role as democratically elected representatives. There is nothing to suggest that MSPs do not conform to the highest standards of probity and honesty in their work. The document was created to guide members in maintaining those high standards, so that we can continue to provide the best possible service to those we represent, in a manner that is in tune with the expectations enshrined in the code's key principles.

The code draws on the recommendations of the code of conduct working group of the consultative steering group and is consistent with the principles established by the Nolan Committee on Standards in Public Life. Although we draw on experiences elsewhere, such as those of the Parliament at Westminster, we also recognise the distinctive and specific circumstances of the Scottish Parliament that arise from the devolution settlement.

Among other matters, the proposed code lays down key principles consistent with the Nolan principles for the conduct of members; explains the statutory requirements on MSPs to register and declare their interests; sets out the statutory prohibition on paid advocacy; establishes standards for the conduct of MSPs in relation to those who lobby them; sets the standards for general conduct in carrying out parliamentary duties, ranging from guidance on acceptance of hospitality and benefits to requirements about the way in which MSPs treat others; explains how to make complaints about an MSP's conduct and how complaints are dealt with; and sets out the sanctions that may be applied for a breach of the rules. Unfortunately—members might think otherwise—I do not have time to go into many of the rules in great detail. Instead, I will focus on some of the most significant ways in which the code will ensure the highest standards of conduct.

The requirements in relation to registration of interests are laid down by statute in the Scotland Act 1998 and in the Scotland Act 1998 (Transitory and Transitional Provisions) (Members' Interests) Order 1999. The order states:

"There shall be a Register of Interests of Members of the Scottish Parliament".

The main purpose of the register is to provide information about certain financial interests of members that might reasonably be thought to influence their actions, speeches or votes in the Parliament, or other actions taken in their capacity as members. It is important to emphasise that responsibility for ensuring compliance with the rules on registration of interests lies with the individual member.

The key principles of the code, especially those that relate to integrity, honesty and openness, are given further practical effect by the requirement for members to declare certain interests in the proceedings of Parliament. With the rules on registration of interests, that ensures the transparency of members' interests, which might influence—or be thought to influence—their parliamentary actions. It is the responsibility of the member to judge whether an interest is sufficiently relevant to particular proceedings to require a declaration. The code advises members to err on the side of caution.

Paid advocacy is, quite simply, not permitted. Registration and declaration of interests are designed to ensure transparency and do not inhibit members' participation in the proceedings of the Parliament, but the rule on advocacy in the members' interests order is intended to prevent a member from advocating any cause in return for any payment or benefit.

Registration and declaration of interests, along with paid advocacy, are key elements of the code as set out in the members' interests order, but the Standards Committee is clear that further work needs to be done on those subjects. The Scottish Parliament is required to replace the existing transitional order with its own legislation on members' interests. That will be an opportunity to think about how the arrangements can be improved. The committee will want to consider the need to clarify and develop matters relating to members' interests in the current legislation. Such matters include the practical consequences of the rule on paid advocacy and the possible extension to family members of requirements in relation to members' interests.

The code sets standards for the way in which MSPs are expected to interact with all those who seek to lobby them. The standards aim to prevent any individual or organisation that lobbies on a fee basis having any grounds for claiming that using its services will result in better access—it will not. It must be emphasised that the people of Scotland do not need to use a lobbyist to access what is—after all—their Parliament.

For the Parliament to fulfil its commitment to being open, accessible and responsive to the needs of the public, it needs to encourage participation by organisations and individuals in the decision-making process. Indeed, to perform their duties effectively, members will need to be able to consider evidence and arguments that are advanced by a wide range of organisations and individuals. As such, the lobbying process in its widest sense is an integral part of the democratic process.

There is, nevertheless, some uneasiness about the way in which lobbying may be developing. Accordingly, the desire to involve the public and other interest groups in the decision-making process must take account of the need to ensure appropriate transparency and probity in the way the Parliament conducts its business.

Members' attention is also drawn to the stipulation in the proposed code that they should not accept any paid work to provide services as a parliamentary strategist, adviser or consultant—for example, advising on parliamentary affairs or on how to influence the Parliament and its members. The committee takes the view that it would be inappropriate for MSPs to use their position as elected representatives of the people of Scotland in that way.

The code does not seek to regulate lobbyists. It is a code for MSPs, and it is not the place to lay down any requirement except in relation to our conduct. However, given the public's obvious concern about the activities of lobbying companies, the committee plans to conduct a further investigation into the relationship between MSPs and lobbying companies. The committee will consider whether any form of regulation of lobbyists is needed.

Section 8 deals with cross-party groups. A number of members have already been involved in setting up cross-party groups, and recognised groups are successfully up and running. Rules on cross-party groups are included in the code. The main reason for regulating them is that they may have—or may be seen to have—some influence on the Parliament. It is important that they operate in accordance with good practice and that their activities are transparent and open.

Section 9 sets out the standards that members are expected to meet in their general conduct in carrying out their parliamentary duties. It incorporates rules that have already been laid down by the Presiding Officer about conduct in the chamber. Members of this Parliament are accountable to the Scottish electorate, who expect them to carry out their parliamentary duties in an appropriate manner that is consistent with the standing of the Parliament. The electorate also expect them not to engage as a member in any activity that would bring the Parliament into disrepute.

The proposed code also provides guidance on the acceptance of hospitality, gifts or other benefits. A number of members have suggested that there is a need for a standard to be set, in addition to the statutory provisions that require members to register any gifts—including hospitality and other benefits—valued at more than £250. The proposed code lays down that, although members are not prohibited from accepting reasonable hospitality or modest tokens of good will, they should not accept any offer that might reasonably be thought to influence their judgment in carrying out their parliamentary duties.

Section 9 also contains rules on the confidentiality of certain documents, discussions and other information relating to the Parliament. Although we wish to conduct our business primarily in public, there may be times when confidentiality is required. I emphasise, for example, that all pre-publication versions of committee reports and information deriving from them should be kept confidential unless the committee decides otherwise. Members should take note that any alleged breach of that standard by an MSP would be regarded as a very serious matter by the Standards Committee.

I will outline the procedures for enforcing the code. The procedures that are currently set out in section 10—they relate to complaints and their investigation—will apply for the time being, but they may be superseded once the Parliament has had the opportunity thoroughly to consider other models. The committee felt that its priority was to publish the code so that—as I said at the outset—MSPs and the public are clear about the standards against which we are to be judged, and about how those standards will be enforced.

Under the code, the Standards Committee is responsible in most cases for investigating the conduct of members. If it is considered appropriate, the Parliament may decide to impose sanctions on a member. The appropriate sanction in a particular case would be decided by the Parliament on the basis of the facts and circumstances of the case.

Sanctions that the Parliament can apply include preventing a member from voting, attending any meeting of a parliamentary committee or sub-committee in his or her capacity as a member, or lodging and moving motions. There are other penalties, too.

The code lays out a strict set of standards. Our investigation into the allegations raised by The Observer demonstrates that the committee is determined to pursue investigations rigorously and expeditiously. When evidence indicates misconduct, we will not hesitate to say so and, where appropriate, to recommend that sanctions be applied.

As we want to be sure that our procedures are robust in terms of natural justice and that they enjoy public confidence, we are considering whether to adopt different investigation arrangements. We are at a very early stage in those inquiries and will report to the Parliament in due course.

As the Parliament is a new organisation, the code of conduct represents the start of our work in this area. Although we are confident that the code will provide a sound basis for the regulation of MSPs' conduct and will reassure the public of our commitment to open and transparent government, we recognise that it is an evolving document. As such, we are committed to reviewing and, where necessary, amending the code in light of future developments and legislation.

For example, colleagues may be aware that the Court of Session has recently delivered its verdict on the interim interdict against Mike Watson. Although the committee has not yet had the opportunity to digest fully that verdict, the ruling might have some significant implications on the code of conduct, as might the outcome of any further appeal. We will assess the impact of the process in due course and might report back to the Parliament with appropriate revisions.

Furthermore, the committee is examining some related projects such as the establishment of a register of interests of MSPs' staff; soon, we will seek the Parliament's agreement for appropriate revisions. As I have mentioned, we also intend to carry out further analysis of the relationship between MSPs and lobbyists and to consider a number of different models for investigation of complaints against MSPs. Central to all our work in that area is the need to ensure public confidence in the robustness of our system.

I move,

That the Parliament agrees to adopt the Code of Conduct for Members annexed to the 1st Report, 2000, of the Standards Committee; that the provisions of the code shall have immediate effect and shall apply to all Members, and that the code be printed and published for sale in hard copy and made available on the Parliament's website.