Committee
Local Government and Regeneration Committee 21 November 2012
21 Nov 2012 · S4 · Local Government and Regeneration Committee
Item of business
Commission for Ethical Standards in Public Life in Scotland Annual Report 2011-12
I would like Mr Allan to write to the committee outlining the view that he has just expressed about why the processes should still be separate, because I believe that the code of conduct is there for elected members and that perhaps the processes should not be different in that respect.When a councillor has contravened the code—again, this is purely hypothetical—he has time to make representation. How long does he have to make representation and how long does the commission have to respond to that? Secondly, also hypothetically, if that contravention was identified near the end of the councillor’s term and the time span that you apply for coming back goes into the next time for election, what happens then?
In the same item of business
The Convener
SNP
Item 2 is consideration of the annual report 2011-12 from the Commission for Ethical Standards in Public Life in Scotland. I welcome Stuart Allan, who is the...
Stuart Allan (Public Standards Commissioner for Scotland)
Thank you for your warm welcome, convener. I am delighted to be here and to report on the work of the Public Standards Commissioner’s office in relation to c...
The Convener
SNP
Thank you very much, Mr Allan. You suggested that the reduction in complaints shows a driving up of standards, but is there any evidence that the number of c...
Stuart Allan
I do not think that that is an issue, convener. It is interesting to look at the general statistics, which show a reduction over the past five years. I am pr...
The Convener
SNP
At this point, I should declare an interest as a former councillor who has been complained about to the commission. I should also make it clear that the comp...
Stuart Allan
Your question raises a number of points. As part of the process, we undertake an initial investigation of the complaint and if we feel that the complaint doe...
The Convener
SNP
Mr Allan, my point is that, if someone is not guilty of something, they know that they are not guilty of it, but they still have the sword of Damocles hangin...
Stuart Allan
Let me deal with that last point up front. You said that there might be nothing to substantiate. In my view, that shows at least some disrespect to the compl...
The Convener
SNP
A number of colleagues want to come in. I call Anne McTaggart, to be followed by Stuart McMillan and Stewart Stevenson.
Anne McTaggart (Glasgow) (Lab)
Lab
On the same point, Mr Allan, the report states that 76 per cent of complaints are dealt with within three months or less. I think that three months is a long...
Stuart Allan
It is difficult for me to say that those figures are unreasonable. I think that they are exceptionally good figures. Compared with other regimes in Scotland ...
Anne McTaggart
Lab
I tend to disagree.
Stuart McMillan (West Scotland) (SNP)
SNP
Good morning, gentlemen. I have one question and one point for clarification. On page 16 of the report, the second-last line in table 10 is “Engagement and l...
Stuart Allan
That relates to complaints about MSPs—
The Convener
SNP
Can I stop you there, Mr Allan? Mr McMillan has moved on to complaints about MSPs, which is the responsibility of the Standards, Procedures and Public Appoin...
Stuart McMillan
SNP
I was just seeking clarification, because I do not understand what that line in the table means. That was all.
The Convener
SNP
Perhaps Mr Allan can clarify the point.
Stuart Allan
Table 10 is about the performance of MSPs as perceived by constituents who feel that their MSP has not been performing adequately. There can be issues relati...
Stuart McMillan
SNP
I also have a question. In this annual report and in previous ones, has there been an increase in complaints around or just after a local authority election?...
Stuart Allan
That is an interesting question. The numbers can vary from election to election. Sometimes we have had a significant rise—usually in the five months before a...
Stuart McMillan
SNP
Thank you very much.
Stewart Stevenson (Banffshire and Buchan Coast) (SNP)
SNP
As someone who has been complained about, I can speak highly of the process, and not just because the outcome was what I expected it to be—the poor soul who ...
Stuart Allan
The ethical standards framework in Scotland is widely embraced by members of Parliament, councillors and members of public bodies, and it is part of our etho...
John Wilson (Central Scotland) (SNP)
SNP
Good morning, Mr Allan. I have a couple of questions.I am interested in the report and some of the figures in it. You are saying that figures seem to be goin...
Stuart Allan
You have raised a very fair point. I think that it comes back to declarations of interests, which I mentioned in my opening remarks.Let me take a step back a...
John Wilson
SNP
You said that the increase in 2011-12 to 42 complaints might have been the result of a number of multiple complaints.
Stuart Allan
That is right.
John Wilson
SNP
How many multiple complaints are we talking about?
Stuart Allan
I can get the figures for that. In any case, I think that one can entirely accept that, overall, the figures for 2011-12 were higher than those for the previ...
John Wilson
SNP
Would a multiple complaint have been made because, say, a decision was about to be taken at a council planning committee meeting and a number of the committe...