Standards Committee, 25 Oct 1999

Meeting date: Monday, October 25, 1999

Official Report 86KB pdf

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Correspondence

We move on to agenda item 2, which is the initial consideration of the handling of letters from Ben Wallace MSP.

As most people know, I am involved with Mike Watson's member's bill. It is my intention to take no part in any discussion of Ben Wallace's letters, or in discussion of any complaints against Mike Watson.

That declaration of interest is appreciated.

I take it that you have begun discussion of this agenda item?

Yes.

I wish to put on record my very strong view that Ben Wallace has conducted himself inappropriately in the manner in which this complaint has been submitted, with regard to it being released to a national newspaper before it was presented to the convener of this committee. We should make it clear to all MSPs that, in future, complaints against another member should be brought to this committee in the first instance and not second hand after it appears, by way of speculation, in newspapers. This committee should be allowed to do its job of holding members of the Scottish Parliament properly to account.

Thank you, Karen. I think that is agreed. We need to ensure that MSPs appreciate the proper procedure that should be followed if a serious complaint such as this is made against another MSP.

All members have received copies of the two letters of complaint from Ben Wallace regarding the conduct of Mike Watson. I was going to say that I am disappointed that they have already been aired in the press, but Karen has said that for me. I want to record the fact that this committee expects complaints to be made privately in the first instance.

The letters raise concerns about the conduct of an MSP in relation to members' interests and the execution of parliamentary duties. Consideration of those matters falls squarely within our remit. I note, however, that one matter on which Mr Wallace comments—the granting of a certificate of legislative competence for a member's bill—is not within the remit of this committee. It is for the Presiding Officer to decide on the issuing of a certificate of legislative competence.

However, it is within our remit to consider the other matters raised by Mr Wallace's letters and I propose that we do so. Do we all agree that the matters fall within our remit and that we should examine them?

Yes.

In a sense, the issues are clear. We need to deal with the substantive matters as quickly as possible, but we must first put the allegations to the member concerned. I suggest that we indicate a time frame for dealing with the matter as soon as possible, and certainly not later than our next meeting. We should invite Mike Watson to respond to the issues that have been raised.

I endorse that. The first thing we must do is put the allegations to Mike and ask for his response. Then we can weigh up the situation. I suggest that we try to move fairly quickly.

Although speed is of the essence, I remind members that our next meeting is scheduled for Wednesday, which may be too early to handle this matter. We should handle it at the next meeting after that and I will suggest that the clerks write to Lord Watson outlining the complaints that have been made against him and giving him the opportunity and time to respond. Are members in agreement about that?

Members indicated agreement.

I suggest that Lord Watson be asked for a response by the end of this week. I would also like to offer Lord Watson an invitation to attend our meeting. Are members content to leave it at that?

I am not sure if we want to proceed to an invitation. Initially, we want him to respond to the allegations. After that, the committee should decide whether we would like him to attend a meeting. If, in his written evidence, he expresses a wish to attend, the committee will consider that in due course.

That is a good point. We shall deal with the idea of an invitation when we have received the letter.

I do not think that we should discuss the substantive issues now. We need to know the facts and, in accordance with the principles of natural justice, Lord Watson should be given the chance to reply before we come to any conclusions.

If everybody is happy about that, that brings us to the end of agenda item 2. As there is no further business, I close the meeting. Thank you.

Meeting closed at 14:23.