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Chamber and committees

Standards Committee, 07 Dec 1999

Meeting date: Tuesday, December 7, 1999


Contents

  • Scottish Parliament Standards Committee Tuesday 7 December 1999 (Afternoon)
  • Code of Conduct

Scottish Parliament Standards Committee Tuesday 7 December 1999 (Afternoon)

[The Convener opened the meeting at 14:31]

The Convener (Mr Mike Rumbles):

Good afternoon and welcome to the 14th meeting of the Standards Committee. I welcome John Young to the meeting.

Today we will continue our work on the draft code of conduct with consideration of two of the weightiest sections of the text. They focus on an explanation of the requirements for registration and declaration of interests as set out in the Scotland Act 1998 (Transitory and Transitional Provisions) (Members' Interests) Order 1999.

Tricia Marwick (Mid Scotland and Fife) (SNP):

Convener, we are discussing a code of conduct for MSPs. A ministerial code exists and the committee will make recommendations on it, with particular regard to lobbying. However, the events of the past few days show that there is a deficit of accountability regarding the political advisers appointed by ministers. Will it be in order for the Standards Committee to make recommendations to ministers on the role and conduct of special advisers?

We can legitimately consider that matter at a later date. Today, we are focusing specifically on the code of conduct for MSPs.

Does that mean that, at the moment, there is no code of conduct of the category that Trish mentioned?

Not as far as I am aware.

John Young:

In view of the area in which they work, I would have thought that it was essential for all staff in the Parliament to have a code of conduct. Their code may be slightly different from ours, but the concept would be broadly similar. They are privy to confidential information.

Des McNulty (Clydebank and Milngavie) (Lab):

My understanding is that special advisers are appointed as civil servants and, therefore, would be subject to a civil service code of conduct. Perhaps that could be clarified if we send a letter to the senior civil servant asking whether that is the case. If it is, it is not specifically a matter for the Standards Committee. As we have discussed before, the committee deals with the conduct of MSPs.

Tricia Marwick:

Des's suggestion is good. We need to establish whether special advisers are subject to civil service rules. As I said, over the past wee while, there has seemed to be a deficit of accountability. We need to find out to whom—exactly—special advisers are accountable. If they are not accountable to the First Minister or to those who appoint them, are they accountable under a civil service code? For the sake of the Parliament, we need to establish who is accountable to whom for their actions.

I will endeavour to find out whether those individuals are subject to the civil service code. If so, it will be up to the civil service to take it from there; if not, we can come back to it at a later date.

John Young:

As I understand it, the title of this committee is the Scottish Parliament Standards Committee. Not only MSPs are in the Scottish Parliament; they may be the elected members, but there are other staff. I wonder whether the Standards Committee should have an extension to its powers. Someone, somewhere, must have those powers, and I would have thought that the Standards Committee was the logical choice.

The most important thing is first to find out the facts. I will report back to the committee as soon as we find out what the situation of those individuals is, and what code of conduct applies to them.

Thank you, convener.