Standards Commissioner
The second item on the agenda relates to our proposals to appoint a standards commissioner, which was one of the key recommendations contained in our fourth report to Parliament. Following the Parliament's endorsement of the report on 23 November, we must now consider how to develop our proposals.
After useful discussions with the Parliament's legal advisers and the non-executive bills unit, the clerks have prepared a short issues paper which has been circulated to members. The paper sets out possible next steps for implementing our recommendation on the establishment of a standards commissioner and seeks the committee's views on four issues that are listed in bold on the final page. I propose that we take each of those points in turn.
First, we concluded at the end of the inquiry into models of investigation of complaints that the standards commissioner should be appointed under an act of the Scottish Parliament, which could be achieved through a committee bill. Are committee members content for our proposals to be progressed in such a way?
Members indicated agreement.
That was quick.
The next issue is how we move towards drafting a committee bill. Rule 9.15 of the standing orders lays down the procedures for introducing a committee bill. Indeed, rule 9.15.5 specifically states:
"A proposal for a Bill under this Rule should be made in the form of a report setting out the committee's recommendations as to the provisions to be contained in the Bill, together with an explanation of the need for the Bill. The proposal may also contain a draft of a Bill to give effect to the proposal."
Our report not only clearly sets out an explanation of the need for legislation, but provides sufficient policy guidance for work to commence on drafting instructions, although we will need to address some outstanding policy issues.
We will need to satisfy the requirement at rule 9.15.5 to detail the provisions to be contained in the bill. The issues paper suggests that that could be achieved through the preparation of a short report setting out the provisions to be included in the bill once the drafting instructions are sufficiently well advanced. Are members content to proceed in that way?
We should proceed as suggested and commission the clerk to progress the matter through the procedures of the Parliament. I understand that there is already some financial provision for dealing with certain legal aspects.
Do members agree?
Members indicated agreement.
Although our fourth report contains the bulk of the policy to be included in the committee bill, we will need to address some outstanding issues such as the appointment and removal of the commissioner, which is something that we did not discuss before. Although we can begin work on such issues in January, we might want to give some thought to nominating a member as a reporter to liaise with the clerks in resolving minor policy matters, as everything will come back to the committee anyway. We do not need to decide on that individual or on their specific remit today, but we might wish to give some thought to the issue, especially over the Christmas holidays.
I nominate Lord James Douglas-Hamilton to liaise for the committee.
I second that.
Thank you. I will bring everything back to the committee.
Finally, I suggest that we commission a paper from the clerks reviewing the options for appointment and removal of the commissioner, for our consideration in January. Are members agreed?
Members indicated agreement.