Standards, Procedures and Public Appointments Committee

Meeting date: Thursday, September 22, 2016

Official Report 392KB pdf

Complaints

Welcome back. The committee has been considering two complaints about MSPs. I will read two consecutive statements that set out the committee’s findings.

I will first read the convener’s statement regarding a complaint against Sandra White. On behalf of the committee, I would like to make the following statement in relation to the complaint against an MSP. In accordance with the rules, I will first cover whether the committee agrees with the Commissioner for Ethical Standards in Public Life in Scotland’s findings in fact and conclusions on the complaint and then cover the committee’s decision on sanctions.

The committee has considered a complaint from Mr Scott Simpson about Sandra White MSP following her retweeting of a cartoon deemed to be offensive. The Commissioner for Ethical Standards in Public Life in Scotland investigated the complaint and found that Sandra White had not breached the code of conduct for MSPs. The committee is unanimous in the decision that it has reached on the complaint. It agrees with the findings in fact and conclusions of the commissioner.

While the circumstances surrounding this complaint do not constitute a breach of the code of conduct, actions of this nature, whether intentional or not, may not reflect well on members and the Parliament. The committee takes this opportunity to remind all MSPs that they alone are responsible for their public statements and the content of their social media channels. Full details of the complaint and the commissioner’s investigation of it will be included in the committee’s report, which will be published later this afternoon.

I turn to the convener’s statement regarding a complaint against Neil Findlay MSP. In accordance with the rules, I will first cover whether the committee agrees with the Commissioner for Ethical Standards in Public Life in Scotland’s findings in fact and conclusions on the complaint and then cover the committee’s decision on sanctions.

The committee has considered a complaint from Colin Beattie MSP about Neil Findlay MSP. The complaint is that Neil Findlay made a statement to the press about his intention to make a complaint against Colin Beattie to the effect that Colin Beattie was in breach of the code of conduct—a complaint for which Mr Beattie was later exonerated by the Scottish Parliamentary Corporate Body. The Commissioner for Ethical Standards in Public Life in Scotland 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.

The committee is unanimous in the decisions that it has reached on the complaint. First, it agrees with the findings in fact and conclusions of the commissioner. Secondly, it does not consider that the breach in question justifies any sanctions being imposed on Mr Findlay. In reaching the decision on sanctions, the committee was mindful of the fact that Mr Findlay acknowledged that he had breached the code and stated that it was an inadvertent breach.

The committee takes all breaches of the code seriously. The rule covering disclosure is important because it allows investigations by the commissioner and the committee to be concluded in the absence of external partisan comment. During session 4 of the Parliament a similar breach of the code occurred and the previous committee issued an email to all members reminding them of the rule that members must not disclose, communicate or discuss any complaints or intention to make a complaint to or with members of the press or other media prior to the lodging of the complaint or during stages 1 and 2 of the procedure for dealing with complaints as set out in volume 3, “Guidance to Sections of the Code”, section 9.

The committee regrets that the lessons do not appear to have been learned since that reminder was issued, and we intend to issue a letter by way of further reminder to all business managers, asking them to remind members of the rules regarding disclosure of complaints. Repeated breaches of the rule on disclosure of complaints are a matter of regret to the committee and we deplore the misuse of the complaints process by MSPs as a means of exchanging public criticism.

Full details of the complaint and the commissioner’s investigation of it will be included in the committee’s report, which will be published later this afternoon.