22
Standards, Procedures and Public Appointments Committee 10th meeting 2017, Session 5 Thursday 18 May 2017 at 10am in the Adam Smith Room (CR5). Meeting papers and Official Reports from previous meetings Agenda Cross-Party Groups Annual Report Next meeting: 1 June 2017 Future Meetings: 15 June 2017 29 June 2017 www.parliament.scot/Standards

Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

Standards, Procedures and Public Appointments Committee

10th meeting 2017, Session 5 Thursday 18 May 2017 at 10am in the Adam Smith Room (CR5).

Meeting papers and Official Reports from previous meetings

Agenda Cross-Party Groups Annual Report

Next meeting: 1 June 2017 Future Meetings: 15 June 2017 29 June 2017

www.parliament.scot/Standards

Page 2: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

SPPA/S5/17/10/A

STANDARDS, PROCEDURES AND PUBLIC APPOINTMENTS COMMITTEE

AGENDA

10th Meeting, 2017 (Session 5)

Thursday 18 May 2017 The Committee will meet at 10.00 am in the Adam Smith Room (CR5). 1. Cross-Party Groups: The Committee will consider applications for recognition

from two Cross-Party Groups, and take evidence from—

Fulton MacGregor, Convener of the proposed CPG on the Future of Football in Scotland; Bob Doris, Convener of the proposed CPG on Rare, Genetic and Undiagnosed Conditions.

2. Cross-Party Group - approval: The Committee will decide whether to accord recognition to the proposed Cross-Party Groups on the Future of Football in Scotland and Rare, Genetic and Undiagnosed Conditions.

3. Annual report: The Committee will consider a draft annual report for the

parliamentary year from 12 May 2016 to 11 May 2017. 4. Code of Conduct for Members of the Scottish Parliament (in private): The

Committee will review the format of the Code of Conduct for Members of the Scottish Parliament.

Douglas Wands Clerk to the Standards, Procedures and Public Appointments Committee

Room TG.01 The Scottish Parliament

Edinburgh Tel: 0131 348 5239

Email: [email protected]

Page 3: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

SPPA/S5/17/10/A

The papers for this meeting are as follows— Agenda item 1

Note by the clerk

SPPA/S5/17/10/1

Agenda item 3

Annual Report 2016-17

SPPA/S5/17/10/2

Agenda item 4

PRIVATE PAPER

SPPA/S5/17/10/3 (P)

Page 4: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

SPPA/S5/17/10/1

1

Standards, Procedures and Public Appointments Committee

10th Meeting 2017 (Session 5), Thursday 18 May 2017

Cross-Party Group Applications Introduction

1. In accordance with the provisions on Cross-Party Groups (CPGs) set out in section 6 of the Code of Conduct (the Code), proposals for the establishment of CPGs in the Scottish Parliament must be submitted to the Standards, Procedures and Public Appointments Committee for its approval. 2. The provisions referred to in this note relate to Volume 2, Section 6, of the Code of Conduct. 3. There are two proposed Groups for the Committee’s consideration. Proposed CPG on the Future of Football in Scotland

4. The registration form submitted by the proposed Group is attached at Annexe A to this note. Consideration by the Standards, Procedures and Public Appointments Committee 5. Paragraph 6.3.10 of the Code states ―….As part of its consideration, the Standards, Procedures and Public Appointments Committee will invite one of the proposed Group’s MSP office bearers (usually the Convener) to attend a meeting to explain the justification for the proposed Group.‖ Fulton MacGregor MSP has been invited to the meeting to discuss registration of the proposed Group. Purpose 6. Paragraph 6.3.11 of the Code states ―the Committee will pay particular attention to a proposed Group’s purpose. If the Committee considers that a Group is being proposed not in the public interest but, for example, to further particular commercial interests, the Group will not be accorded recognition. The Committee will also consider whether the purpose of a proposed Group overlaps the remit of an existing Group. The proposed Group has been asked to provide justification as to why its aim could not effectively be achieved within the existing Group‖. 7. The stated purpose of the proposed Group is—

To create a platform to drive forward improvements in the national game, from grassroots football to professional game.

Membership 8. Paragraph 6.4.1 requires group membership to include at least five MSPs, with at least one MSP from each of the parties or groups represented on the Parliamentary Bureau. The Committee has previously agreed that there should be a general waiver of this Rule in the current Session and Groups are now required to

Page 5: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

SPPA/S5/17/10/1

2

have five MSPs from the majority of parties represented on the Parliamentary Bureau. The proposed Group meets this requirement. 9. The MSP membership (by party) of the proposed Group is as follows—

4 Scottish Conservative and Unionist Party

1 Scottish Green Party

3 Scottish Labour Party

5 Scottish National Party 10. Paragraph 6.4.2 entitles groups to contain members from outwith the Parliament, but states that the overall membership of the CPG should be Parliamentary in nature. The proposed Group has listed 6 non-MSP member in the individual category and 3 in non-MSP member organisations. Office Bearers 11. Paragraph 6.4.3 requires one MSP to be Convener of the Group and there to be at least one other MSP office bearer. The proposed Group meets this requirement: Fulton MacGregor MSP is the Convener of the Group and Jeremy Balfour MSP and James Dornan MSP are the Deputy-Conveners. Financial Benefits and Subscription 12. The registration form indicates that the Group will receive no financial benefits and that members of the Group will not be charged a subscription. Proposed CPG on Rare, Genetic and Undiagnosed Conditions

13. The registration form submitted by the proposed Group is attached at Annexe B to this note. Consideration by the Standards, Procedures and Public Appointments Committee 14. Bob Doris MSP has been invited to the meeting to discuss registration of the proposed Group. Purpose 15. The stated purpose of the proposed Group is—

Act as a channel of communication between the Scottish Parliament and families affected by rare, genetic and undiagnosed conditions.

Act as a channel of communication between the Scottish Parliament and those working in the fields of research, treatment, care and prevention of rare, genetic and undiagnosed conditions.

Monitor and contribute to the implementation of the Scottish Plan for Rare Diseases in Scotland.

Identify areas where inequalities exist in provision of care for rare, genetic and undiagnosed conditions and campaigning for improvement.

Examine areas of health and social care policy or service provision relating to rare, genetic and undiagnosed conditions.

Page 6: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

SPPA/S5/17/10/1

3

Membership 16. The proposed Group meets the requirement in relation to MSP membership which is as follows —

2 Scottish Conservative and Unionist Party

1 Scottish Labour Party

1 Scottish Liberal Democrat Party

1 Scottish National Party. 17. The proposed Group has listed no non-MSP members in the individual category and 13 in non-MSP member organisations. Office Bearers 18. The proposed Group meets the requirement in relation to office bearers: Bob Doris MSP is the Convener of the proposed Group and Anas Sarwar MSP and John Scott MSP are the Deputy-Convener. Financial Benefits and Subscription 19. The registration form indicates that the proposed Group will receive the following financial benefits—

Genetic Alliance UK will supply funds to provide catering at each quarterly meeting of the Cross Party Group on Rare Diseases. This is anticipated to be no more than £75 per meeting or £300 in a calendar year.

Secretariat support will be provided by Natalie Frankish, Genetic Alliance UK’s Policy and Engagement Manager for Scotland. Approximately 0.5 days per week will be spent on work relating to the Cross Party Group on Rare Disease at an approx. estimated value of (£3,050 salary costs and £1,016 overhead costs).

20. The form also indicates that members of the Group will be not be charged a subscription. Next Steps

21. At agenda item 1 the Committee is invited to discuss any aspects of the application for recognition of the proposed Cross-Party Groups on—

the Future of Football in Scotland with Fulton MacGregor MSP; and

Rare, Genetic and Undiagnosed Conditions with Bob Doris MSP. 22. At agenda item 2 the Committee will discuss whether to accord recognition to the proposed Groups.

Sam Currie Support Manager

Standards, Procedures and Public Appointments Committee May 2017

Page 7: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

ANNEXE A

4

CROSS-PARTY GROUP REGISTRATION FORM

NAME OF CROSS-PARTY GROUP

Cross-Party Group on The Future of Football in Scotland

PURPOSE OF THE GROUP AND PROPOSED DISCUSSION TOPICS

1. Please state the purpose of the Group.

2. Please also provide a brief explanation of the purpose of the Group and why the purpose is in the public interest.

3. Please also provide details of any overlaps with the purpose of existing Cross-Party Groups and an explanation of why, regardless of any such overlap, the Group should be established.

4. Please also provide an indication of the topics which the Group anticipates discussing in the forthcoming 12 months.

1. To create a platform to drive forward improvements in the national game, from grassroots football to professional game.

2. This will involve looking at affordability to take part, whether as a player or supporter; Access for disabled people; Improvement at all levels of the game; Improving health, both physical and mental; Improving community engagement; Finding ways to improve the game for all – supporters, players and officials.

3. This CPG is focussed solely on improving football in Scotland, whereas we’d imagine the sport CPG is about increasing participation in sport. Although there is a cross over, they will be looking at different areas of concern. The CPG on sport is unlikely to look at the costs of hiring football pitches or access to semi-professional football grounds for people in wheelchairs.

4. Attempt to make the game affordable, accessible and safe.

MSP MEMBERS OF THE GROUP

Please provide names and party designation of all MSP members of the Group.

Fulton MacGregor - SNP James Dornan - SNP Jeremy Balfour - Conservative Ben MacPherson - SNP John Finnie - Green Bruce Crawford - SNP Finlay Carson – Conservative James Kelly – Labour George Adam – SNP

Page 8: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

ANNEXE A

5

Colin Smyth – Labour Maurice Golden – Conservative Neil Bibby – Labour Douglas Ross – Conservative

NON-MSP MEMBERS OF THE GROUP

For organisational members please provide only the name of the organisation, it is not necessary to provide the name(s) of individuals who may represent the organisation at meetings of the Group.

Individuals Allan Stubbs – Parliamentary Assistant to Fulton MacGregor MSP Edward Corson – Parliamentary Assistant to Richard Lyle MSP Sheena McCulloch – Parliamentary Assistant to Richard Lyle MSP Sean McLaughlin – Parliamentary Assistant to Christina McKelvie MSP Lee-Anne Menzies – Parliamentary Assistant to Ash Denham MSP Iain McMenemy

Organisations Scottish Football Association Scottish Women’s Football Association Scottish Disabled Supporters’ Association

GROUP OFFICE BEARERS

Please provide names for all office bearers. The minimum requirement is that two of the office bearers are MSPs and one of these is Convener – beyond this it is a matter for the Group to decide upon the office bearers it wishes to have. It is permissible to have more than one individual elected to each office, for example, co-conveners or multiple deputy conveners.

Convener Fulton MacGregor

Co-Deputy Convener

Jeremy Balfour, James Dornan

Secretary Sheena McCulloch

Treasurer Not required

FINANCIAL BENEFITS OR OTHER BENEFITS

Please provide details of any financial or material benefit(s) the Group anticipates receiving from a single source in a calendar year which has a value, either singly or cumulatively, of more than £500. This includes donations, gifts, hospitality or

Page 9: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

ANNEXE A

6

visits and material assistance such as secretariat support.

None

SUBSCRIPTION CHARGED BY THE GROUP

Please provide details of the amount to be charged and the purpose for which the subscription is intended to be used.

None

CONVENER CONTACT DETAILS

Name Fulton MacGregor

Parliamentary address

M3.08, The Scottish Parliament, Edinburgh

Telephone number

0131 348 5797 / 01236 897540

STATEMENT ON COMPLIANCE WITH THE CODE OF CONDUCT

I declare that the Cross-Party Group on The Future of Football in Scotland is constituted and will comply with the terms of Section 6 of the Code of Conduct for Members of the Scottish Parliament.

Signed Fulton MacGregor

Date 28 Mar. 17

Page 10: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

ANNEXE B

7

CROSS-PARTY GROUP REGISTRATION FORM

NAME OF CROSS-PARTY GROUP

Cross-Party Group on Rare, Genetic and Undiagnosed Conditions

PURPOSE OF THE GROUP AND PROPOSED DISCUSSION TOPICS

1. Please state the purpose of the Group.

2. Please also provide a brief explanation of the purpose of the Group and why the purpose is in the public interest.

3. Please also provide details of any overlaps with the purpose of existing Cross-Party Groups and an explanation of why, regardless of any such overlap, the Group should be established.

4. Please also provide an indication of the topics which the Group anticipates discussing in the forthcoming 12 months.

Purpose of the Cross Party Group on Rare, Genetic and Undiagnosed Conditions:

Act as a channel of communication between the Scottish Parliament and

families affected by rare, genetic and undiagnosed conditions.

Act as a channel of communication between the Scottish Parliament and

those working in the fields of research, treatment, care and prevention of

rare, genetic and undiagnosed conditions.

Monitor and contribute to the implementation of the Scottish Plan for Rare

Diseases in Scotland.

Identify areas where inequalities exist in provision of care for rare, genetic

and undiagnosed conditions and campaigning for improvement.

Examine areas of health and social care policy or service provision relating

to rare, genetic and undiagnosed conditions.

Approximately 300,000 people in Scotland will be affected by a rare condition at some point in their lives. 80% of rare diseases will have a genetic component and often conditions are chronic and life-threatening. The conditions are frequently life-long and serious and gaining access to accurate diagnosis and appropriate care and support can be a struggle for families. Despite the scale of the issue, a significant proportion of families affected by rare, genetic and undiagnosed conditions do not have access to the right care and treatment.

The diversity of rare, genetic and undiagnosed conditions, the specialist knowledge required to diagnose and treat the conditions and the geography of Scotland brings challenges for health and social care services and their partners in delivering services. A Cross Party Group for rare, genetic and undiagnosed conditions is necessary to bring together key stakeholders and ensure the needs of families and carers across Scotland are supported and addressed by health and social care policy. The Cross Party Group has the potential to make a difference to the lives of families in Scotland.

Page 11: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

ANNEXE B

8

The Cross Party Group on Rare, Genetic and Undiagnosed Conditions will provide an opportunity to raise awareness of rare, genetic and undiagnosed conditions in Scotland and the problems facing families affected by them. This Group will explore broad topics relating to rare diseases in general such as the implementation of the Scottish Plan for Rare Diseases, access to medicines in Scotland, genomic research and coordination of care. Whilst there may be a very small degree of cross over (in terms of issues raised) with some of the other health related cross party groups (i.e CPG on muscular dystrophy or CPG on learning disability), the Cross Party Group will be the only Group to represent the over 6,000 – 8,000 rare, genetic diseases and the issues affecting the over 300,000 patients in Scotland.

Topics that the Group is likely to discuss over the 12 month period include:

Progress towards the implementation of the Scottish Implementation Plan

for Rare Diseases

Research developments and opportunities for rare, genetic and

undiagnosed conditions in Scotland

Access to new medicines for orphan and ultra-orphan medicines in

Scotland

Specialist nursing and coordination of care for families affected by rare,

genetic and undiagnosed conditions

MSP MEMBERS OF THE GROUP

Please provide names and party designation of all MSP members of the Group.

Bob Doris MSP (Scottish National Party)

Miles Briggs MSP (Scottish Conservative Party)

Anas Sarwar MSP (Scottish Labour Party)

John Scott MSP (Scottish Conservative Party)

Alex Cole-Hamilton (Scottish Liberal Democrats)

NON-MSP MEMBERS OF THE GROUP

For organisational members please provide only the name of the organisation, it is not necessary to provide the name(s) of individuals who may represent the organisation at meetings of the Group.

Individuals

Organisations Brittle Bone Society

Cystic Fibrosis Trust

Tuberous Sclerosis Association

Turner Syndrome Society

PNH Scotland

Page 12: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

ANNEXE B

9

British Liver Trust

UKPIPs

Action Duchenne

Funny Lumps

Fragile X Society

Genetic Alliance UK

The Aarskog Foundation

CSF Leak Association

(It is anticipated that further members will be added at the first meeting following registration)

GROUP OFFICE BEARERS

Please provide names for all office bearers. The minimum requirement is that two of the office bearers are MSPs and one of these is Convener – beyond this it is a matter for the Group to decide upon the office bearers it wishes to have. It is permissible to have more than one individual elected to each office, for example, co-conveners or multiple deputy conveners.

Convener Bob Doris MSP

Deputy Convener Anas Sarwar MSP, John Scott MSP

Secretary Natalie Frankish (Genetic Alliance UK)

Treasurer Natalie Frankish (Genetic Alliance UK)

FINANCIAL BENEFITS OR OTHER BENEFITS

Please provide details of any financial or material benefit(s) the Group anticipates receiving from a single source in a calendar year which has a value, either singly or cumulatively, of more than £500. This includes donations, gifts, hospitality or visits and material assistance such as secretariat support.

Genetic Alliance UK will supply funds to provide catering at each quarterly meeting of the Cross Party Group on Rare Diseases. This is anticipated to be no more than £75 per meeting or £300 in a calendar year.

Secretariat support will be provided by Natalie Frankish, Genetic Alliance UK’s Policy and Engagement Manager for Scotland. Approximately 0.5 days per week will be spent on work relating to the Cross Party Group on Rare Disease at an approx. estimated value of (£3,050 salary costs and £1,016 overhead costs).

SUBSCRIPTION CHARGED BY THE GROUP

Please provide details of the amount to be charged and the purpose for which the subscription is intended to be used.

Page 13: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

ANNEXE B

10

n/a

CONVENER CONTACT DETAILS

Name Bob Doris MSP

Parliamentary address

M5.09

The Scottish Parliament

Edinburgh

EH99 1SP

Telephone number

0131 348 6547

STATEMENT ON COMPLIANCE WITH THE CODE OF CONDUCT

I declare that the Cross-Party Group on Rare, Genetic and Undiagosed Conditions is constituted and will comply with the terms of Section 6 of the Code of Conduct for Members of the Scottish Parliament.

Signed

Date

Page 14: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

SPPA/S5/17/10/2

Standards, Procedures and Public Appointments Committee

10th Meeting 2017 (Session 5), Thursday 18 May 2017

Annual Report 2016-17 This report covers the work of the Standards, Procedures and Public Appointments Committee during the Parliamentary year from 12 May 2016 to 11 May 2017.

Sam Currie Support Manager

Standards, Procedures and Public Appointments Committee

May 2017

Page 15: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

SPPA/S5/17/10/2

Introduction

1. This report covers the work of the Standards, Procedures and Public

Appointments Committee (the Committee) during the Parliamentary year from

12 May 2016 to 11 May 2017.

Membership changes

2. Previous Members of the Committee during the reporting year:

Clare Haughey (from 12 May 2016 until 30 March 2017)

Page 16: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

SPPA/S5/17/10/2

Reports

Mandatory Committee remits

3. Following the Scottish Parliament elections in May 2016, on 13 June 2016 the

Presiding Officer wrote to the Committee, on behalf of the Parliamentary

Bureau, requesting changes to Standing Orders in relation to the remits of

certain mandatory committees.

4. The Parliamentary Bureau expressed a desire to establish a committee

structure with “committee remits reflecting Cabinet Secretary portfolios”. It

stated that it was “committed to the subject matter covered by the current

remits of the mandatory committees, as set out in Standing Orders”, but

wished the remits of a number of them to be expanded.

5. The Committee approved Standing Order rule changes at its meeting on 22

September 2016. These were approved by Parliament on 27 September 2016

and came into force on 28 September 2016.

First Minister's Question Time

6. At the start of the current session the Presiding Officer trialled changes to the

format for First Minister's Question Time to increase the number of questions

asked from six to eight and to extend the time allocated from 30 minutes to up

to 45 minutes. The relevant Standing Orders were temporarily varied in order

to allow these changes to take place.

7. On 20 September 2016 the Presiding Officer wrote to the Committee

requesting changes to Standing Orders in relation to the issue of First

Minister's Questions. The Presiding Officer felt that the changes to the format

had been generally well received and invited the Committee to revise

Standing Orders and make the changes permanent.

8. The Committee approved Standing Order rule changes at its meeting on 6

October 2016. These were approved by Parliament on 25 October 2016 and

came into force on 27 October 2016.

Scotland Act 2016

9. Under the Scotland Act 2016, there will be a new “super-majority” requirement

for legislation on particular protected subject matters.

10. The matters which are considered to be protected are—

the persons entitled to vote as electors at an election for membership

of the Parliament,

the system by which members of the Parliament are returned,

Page 17: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

SPPA/S5/17/10/2

the number of constituencies, regions or any equivalent electoral area,

and

the number of members to be returned for each constituency, region or

equivalent electoral area.

11. Standing Orders are required so that the new powers over Scottish

Parliament elections can be commenced and transferred.

12. The Committee approved Standing Order rules changes at its meeting on 24

March 2017. These were approved by Parliament on 20 April 2017 and will

come into force from the day on which section 11 of the Scotland Act 2016

comes into force.

Lobbying (Scotland) Act 2016

13. The Lobbying (Scotland) Act 2016 establishes a registration regime for

lobbyists, including an online register, which will be introduced and

administered by the Scottish Parliament. The Committee considered it was

important that new Standing Orders were put in place at an early opportunity,

so that the delegated powers to make further provision about Parliament's

procedures can be commenced and used to confirm details of the operation of

the Lobbying (Scotland) Act 2016.

14. The Committee approved Standing Order rule changes at its meeting on 20

April 2017. The Standing Order rule changes will be considered by Parliament

prior to summer recess.

Commissioner Complaints

15. The Committee has considered three reports from the Commissioner for

Ethical Standards in Public Life in Scotland (the Commissioner) in this

parliamentary year.

16. The first report was a complaint against Sandra White MSP regarding her use

of Twitter to re-tweet a cartoon that was deemed to be offensive.

17. The Committee was unanimous in its decision reached on the complaint. It

agreed with the findings in fact and conclusion of the Commissioner that

Sandra White did not breach the Code of Conduct. The Committee took the

opportunity to remind all MSPs that they alone are responsible for their public

statements and the content of their social media channels.

18. The second report was a complaint against Neil Findlay MSP. The complaint

was that Neil Findlay made a statement to the press about his intention to

make a complaint to the Scottish Parliament's Corporate Body against

another MSP.

19. The Commissioner investigated the complaint and found that, in disclosing to

the press his intention to make a complaint, Neil Findlay was in breach of the

relevant provisions of the Code of Conduct.

Page 18: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

SPPA/S5/17/10/2

20. The Committee was unanimous in the decisions reached on the complaint.

Firstly, it agreed with the findings in fact and conclusion of the Commissioner.

Secondly, it did not consider that the breach in question justified any

sanctions being imposed on Neil Findlay. In reaching the decision on

sanctions, the Committee was mindful of the fact that Neil Findlay took

personal responsibility for the breach.

21. A letter was issued to all business managers asking them to remind members

of the rules regarding disclosure of complaints.

22. The final report considered by the Committee, in this parliamentary year,

covered two complaints against Kenneth Gibson MSP. The complaints were

that Kenneth Gibson failed to register and declare an interest in relation to

being an owner of property and as a landlord in Glasgow.

23. The Commissioner found that Kenneth Gibson MSP had failed to make an

oral declaration of a registered interest as a property owner and landlord

during parliamentary consideration of a Bill and, this being the case, Mr

Gibson was in breach of the relevant provisions of the Interests of the

Members of the Scottish Parliament Act 2006 and the Code of Conduct.

24. The Committee was unanimous in the decisions reached on the complaint.

Firstly, it agreed with the findings in fact and conclusion of the Commissioner.

Secondly, it admonished Kenneth Gibson for his failure to make an oral

declaration of a registered financial interest. However, the Committee did not

consider that the breach justified the imposition of sanctions on Kenneth

Gibson. In reaching the decision on sanctions, the Committee was mindful of

the fact that the property was registered in accordance with the requirements

of the Register and that it is a matter of judgement for the member whether a

registered interest is sufficiently relevant to particular proceedings to require a

declaration.

Page 19: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

SPPA/S5/17/10/2

Equalities

Gender Balance on the Parliamentary Bureau and SPCB

25. Following the Scottish Parliament elections in 2016, an all-male Parliamentary

Bureau was appointed and an all-male Scottish Parliamentary Corporate

Body (SPCB) was elected. The Presiding Officer subsequently wrote to the

Standards, Procedures and Public Appointments Committee on 16 June

2016, on behalf of the SPCB and Parliamentary Bureau, about gender

balance on these bodies. The Presiding Officer commented that the lack of

gender balance reflected poorly on the Parliament given its strong

commitment to equal opportunities.

26. The Committee shared the Presiding Officer's concerns and considered

carefully how the situation might be addressed. The Committee was clear that

it did not wish to fundamentally change the procedures for selecting members

of the Parliamentary Bureau and SPCB, which have generally worked well.

Similarly, the Committee did not wish to restrict the right of members to decide

who best to represent them on these bodies. Nevertheless, it recognised that

gender balance was an important consideration which should be taken into

account.

27. The Committee proposed rules that would place a requirement on party

leaders to consult each other and have regard to gender balance before

nominating members of the Parliamentary Bureau. The rules would also

require members intending to make a nomination to the SPCB to have regard

to gender balance before making such a nomination.

28. The new rules were approved by Parliament on 31 January 2017 and came

into force on 2 February 2017.

Acting Conveners

29. On 30 January 2017 the Presiding Officer wrote to the Committee, on behalf

of the Parliamentary Bureau, requesting that the Committee consider revising

Standing Orders to address the situation where a committee convener is

absent for an extended period of parental leave.

30. The Committee considered a revision to the rules to make provision to allow

for a Committee to appoint an „Acting Convener‟ on a temporary basis to

cover the role during the Convener's absence. Under this procedure, a

Member from the same party as the Convener would be appointed to the

Committee on a temporary basis to cover the period of absence. The

Committee would then be invited to choose an Acting Convener from the

eligible Members which would include the Member appointed on a temporary

basis. The Committee's decision on the choice of Acting Convener would

have to be in accordance with the Parliament's decision in relation to the party

Page 20: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

SPPA/S5/17/10/2

affiliation of the Convener. The Acting Convener's tenure would come to an

end when the Convener returned.

31. The Committee was supportive of the proposal to update the rules in this way.

The Committee believed this approach would ensure that Members who

become parents are able to retain their position as Convener while taking a

period of parental leave. It would also respect the Parliament's decision in

relation to the party affiliation of the Convener.

32. The new rules were approved by Parliament on 22 March 2017 and came into

force on 23 March 2017.

Page 21: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

SPPA/S5/17/10/2

Cross-Party Groups

33. A total of 89 Cross-Party Groups re-registered or were accorded recognition

by the Committee in this parliamentary year.

Page 22: Standards, Procedures and Public Appointments Committee Papers/SPPApublic20170518.pdfwhy its aim could not effectively be achieved within the existing Group‖. ... per week will be

SPPA/S5/17/10/2

Meetings

34. The Committee met 19 times during the parliamentary year. Two meetings

were held entirely in private, four meetings were held entirely in public and 13

meetings included items in private.

35. The items considered in private included the Committee's work programme,

consideration of complaints, draft Committee reports and draft Standing Order

rule changes.