Complaint
I welcome back members of the public and press to the eighth meeting in 2008 of the Standards, Procedures and Public Appointments Committee.
Under agenda item 4, the committee will announce its decision at stage 3 on a report from the Scottish Parliamentary Standards Commissioner. I draw members' attention to my entry in the register of members' interests that relates to the event that we are about to discuss.
The complaint referred to was lodged by Mr Paul Drury. Mr Drury complained that Andy Kerr MSP failed to register in the register of members' interests within the required timescale up to £2,000 of hospitality from the fast-food firm McDonald's. Mr Kerr participated in a community shield football event that was sponsored by McDonald's in London on 4 August 2007. Mr Drury complained that Mr Kerr had registered the interest on 7 September 2007, four days after the deadline of 30 days by which newly acquired registrable interests should be registered.
It was alleged that, in failing to register the interest, Mr Kerr had breached the Interests of Members of the Scottish Parliament Act 2006. Both section 5 of the act and paragraph 6 of the schedule to it require that members register any gift that exceeds £520 and that meets the prejudice test. In this case, the hospitality, overnight stay and tickets fall within the definition of gifts and were valued by Mr Kerr to be approximately £1,020.
In considering the prejudice test, the standards commissioner concluded that the public might well judge that a gift of more than £1,000 to an MSP from a commercial fast-food chain gives the appearance of prejudicing the member's ability to participate in a disinterested manner in the proceedings of Parliament, for example on a debate on the health issues relating to particular types of food. The commissioner states that the gift was, therefore, in his view, likely to meet the test.
Section 5 of the Interests of Members of the Scottish Parliament Act 2006 also requires any member to declare any registrable interest within 30 days of acquiring the interest. In this case, Mr Kerr attended the event on 4 August but registered the interest on 7 September, which is four days after the 30-day deadline.
The Standards, Procedures and Public Appointments Committee has considered the standards commissioner's report, accepts the commissioner's findings on the facts of the complaint and agrees with his conclusion that Andy Kerr breached the Interests of Members of the Scottish Parliament Act 2006.
Having agreed that there has been a breach of the 2006 act, and in accordance with paragraph 9.43 of the guidance on the code of conduct, the committee must now decide whether to apply sanctions. The committee has agreed that it does not wish to invite Andy Kerr to make any representations to the committee at this time.
I now invite members' views on whether we should recommend to Parliament that sanctions be applied against Andy Kerr MSP.
Convener, as a new member, may I have some clarification of what sanctions are at the committee's disposal?
I ask the clerks to explain.
The committee can consider any sanction that relates to limiting or restricting the participation of the member in any parliamentary proceedings.
Thank you.
After due consideration, I feel that it was more of an oversight than an intended offence. The procurator fiscal has taken a direct measure, and no sanctions are necessary.
I agree with Jamie McGrigor, particularly since the MSP in question accepted responsibility for missing the deadline and registered the interest when it was pointed out to him. To repeat what Jamie McGrigor said, I think that, as the direct measure has already been taken, there should be no sanctions.
I concur with both those views.
Who pointed out the failure to record?
The statement that I read out mentions that it was Mr Paul Drury.
So it was the complainer who pointed out the failure to the elected member.
Yes.
It is very assiduous of a member of the public to notice a four-day difference.
I am happy to go along with what other members have said. Given that Mr Kerr accepted responsibility and registered the interest quickly when it was brought to his attention and that the procurator fiscal has taken action, we should conclude that no further sanctions are necessary.
I go on record to concur with my committee colleagues that no further sanctions should be taken.
If that is the general view, I ask for a proposer and a seconder for the decision.
I am happy to propose it.
I second it.
Thank you very much.
That concludes our public discussion of the complaint. The committee's report on the complaint is likely to be published on the committee's web page on Friday 6 June 2008.
As agreed under agenda item 1, we will now move back into private session to consider a draft report.
Meeting continued in private until 15:11.