Plenary, 11 Feb 2004
Meeting date: Wednesday, February 11, 2004
Official Report
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Presiding Officer's Ruling
Before we come to the football debate, let me say a few words on the subject of yellow cards and red cards. I have reflected on the points of order raised by Patricia Ferguson and Tommy Sheridan during last week's First Minister's question time and wish to make the following comments.
First, all members of the Parliament have rights and responsibilities to one another and to the people whom they serve.
Secondly, I am responsible for ruling on the conduct of all members when they are in the chamber. However, as has been ruled from the chair on many occasions in the past, matters that are covered in the Scottish ministerial code are not for me. That includes the principle that ministers should give accurate and truthful information to the Parliament. Notwithstanding that, I will defend the right of any member to probe and challenge the Executive. After all, that is why we are here.
Thirdly, in fulfilling that duty, members have the responsibility to challenge respectfully, with courtesy and in good order.
Lastly, accusations that a member has lied, is lying or other derivatives of that word will be dealt with in the following way. I will call for the member to stand, to apologise and to withdraw the remark. That is the yellow card. Should any member refuse so to do, he or she will be defying the chair and disrupting the business of the chamber. That will be seen as a conscious decision to engage in disorderly conduct and will result in expulsion from the chamber. That is the red card.
On a point of order, Presiding Officer. You have just provided a reasonable explanation of how you hope affairs in the chamber will be conducted over the coming years and months. However, if a player is red carded, even under the Scottish Football Association's rules they have a right of appeal. Will you look into the development of an appeal procedure for members that ensures that ministers are held to account in the same way that members are held to account? If I think that a minister is deliberately misleading Parliament, as far as I am aware I cannot refer them to the Procedures Committee or the Standards Committee for investigation. Surely we need some form of protection, so that ministers are not above the law but share collective accountability for the conduct of the chamber?
I am glad that you find my remarks reasonable. It is clear that the use of the words lies and lying, or any derivative of those, will result, first, in a yellow card, and secondly, in either an apology and withdrawal or a red card. You know the consequences of a red card.
The standing orders of the Parliament are silent on the ministerial code, so I have no locus and standing in relation to it. I simply pass that information to you. If you wish to pursue the matter by other means, that is up to you. However, you are not to do it in this chamber and by using the word lying. That is my last word on the subject today.
We can now get on with the real business of football.