Scottish Parliamentary Standards Commissioner
The next item of business is consideration of motion S3M-3832, in the name of Tricia Marwick, on behalf of the Scottish Parliamentary Corporate Body, on the announcement of the appointment of the Scottish Parliamentary Standards Commissioner.
The motion in my name, on behalf of the Scottish Parliamentary Corporate Body, invites members to agree that the SPCB appoint Stuart Allan as the new Scottish Parliamentary Standards Commissioner.
The Scottish Parliamentary Standards Commissioner Act 2002 provides that the commissioner is to be appointed by the SPCB with the agreement of the Parliament.
Last week, the Parliament debated the motion on the appointment of a new Scottish Public Services Ombudsman. It was made clear then that, although the Parliament is not subject to the code of practice on ministerial appointments to public bodies, we follow the guidelines to ensure that best practice is observed and the process is fair.
On the SPCB's behalf, I thank Louise Rose, the independent assessor, who oversaw the process and has provided the Parliament with a validation certificate that confirms that the process complied with good practice and that Mr Allan is appointed on merit after a fair, open and transparent process.
We received 45 applications for the post, which shows the high level of interest in it. We unanimously recommend that, from a strong field of candidates, Mr Allan be appointed. He will bring to the post significant experience of investigating complaints about standards. He is the chief investigating officer and is responsible for investigating and reporting to the Standards Commission for Scotland when councillors or members of devolved public bodies might have contravened the relevant codes of conduct.
The Scottish Parliamentary Standards Commissioner is a part-time appointment of between five and 10 days a month. Similarly, the role of chief investigating officer is part time, and Mr Allan will continue in that role until his appointment ends in January 2010.
Mr Allan's appointment as Scottish Parliamentary Standards Commissioner will be for two years, with the possibility of reappointment for a further year. That recognises that the Parliament has established the Review of SPCB Supported Bodies Committee to consider the future structural landscape of SPCB-supported bodies, which include the standards commissioner. The appointment period provides flexibility should the committee make recommendations on the post.
Stuart Allan qualified as a solicitor in 1973 and has spent his career in public service. He has acted as an adviser to several organisations, including the Convention of Scottish Local Authorities, the Scottish Office and the Assembly of European Regions. He has also acted as returning officer and regional returning officer at local government, parliamentary, Scottish Parliament and European elections.
In 2001, the Scottish ministers appointed Mr Allan as the first chief investigating officer under the Ethical Standards in Public Life etc (Scotland) Act 2000. In 2004, he was reappointed for a second term and, in 2007, he was reappointed for a third term. He will demit office in January 2010.
The Scottish Parliamentary Standards Commissioner is an independent investigator of complaints that we as members might have breached the code of conduct for members of the Scottish Parliament, which gives guidance on how we perform our parliamentary duties. Following an investigation, the commissioner prepares a report to the Standards, Procedures and Public Appointments Committee that sets out the details of the complaint and the investigation, the facts that the commissioner found and his conclusion. Any sanction is for the committee and the Parliament to decide.
The post is important. SPCB members are confident that we have made the right choice in nominating Stuart Allan. I believe that he will prove to be an effective, pragmatic and fair commissioner. I am sure that the Parliament will want to wish him every success in his new role. The Parliament will also wish to recognise Dr Jim Dyer's contribution as the commissioner in the past six years.
I move,
That the Parliament agrees, under section 1(2) of the Scottish Parliamentary Standards Commissioner Act 2002, to appoint Stuart Allan as the Scottish Parliamentary Standards Commissioner.
On the Standards, Procedures and Public Appointments Committee's behalf, I thank Jim Dyer for his hard work and dedication as Scottish Parliamentary Standards Commissioner. He has reached the end of his second and final term, after six years in the position.
I am sure that my fellow committee members join me in welcoming the appointment of Stuart Allan to the post as Mr Dyer's successor. We welcome Mr Allan's expertise as chief investigating officer to the Standards Commission for Scotland and the experience that he gained as an adviser to the Scottish Office and the Assembly of European Regions. I declare an interest: I know Stuart Allan from his time at Fife Council. I support my colleague Tricia Marwick's comments and acknowledge his expertise in and commitment to standards in public life.
The committee is eager to work with the commissioner to maintain high standards in the Parliament and to uphold the code of conduct for members.