Expenses Scheme
The next item of business is a debate on motion S3M-2092, in the name of Tom McCabe, on the expenses scheme.
I rise, on behalf of the Scottish Parliamentary Corporate Body, to speak to the recommendations of an independent review panel on members' expenses.
In light of the heated debate that such matters usually generate among the general public, the principle of having recommendations that are independent is critical. The Parliament suffered greatly in 1999 when it left itself open to the charge that its decisions on members' expenses were self-serving and far from independent. Therefore, I hope that the whole Parliament will join me in extending thanks to Sir Alan Langlands and the other members of the panel, who took on the review voluntarily.
Some of the issues raised in other Parliaments in the recent past have brought into sharp relief calls for independent evaluation. When we consider the attention being paid to members' expenses both at Westminster and in Brussels, we see the importance of drawing members' and the general public's attention to the comments in the independent report that acknowledge the transparency of our existing scheme and the fact that if any expense is reimbursed to a member of the Scottish Parliament, it is done as a result of verified receipts having been produced and subsequently made public. Because of that, it was far easier for the panel to recommend that any new scheme should reflect the seven principles of public life: objectivity; accountability; openness; integrity; selflessness; honesty; and leadership.
The panel was keen to dispel the myth of members' allowances. We are discussing the reimbursement of members' expenses that are legitimately incurred. Neither the past scheme nor the new one will give any member additional money over and above their salary.
Much has been said and written about the mortgage interest scheme that operated during the first eight years of the Parliament. Although the panel recognised that there could be a case for continuing the scheme on a value-for-money basis, it felt that the scheme should come to an end for reasons of public perception. There will be a facility for qualifying members to claim overnight hotel or leasing costs and those changes will take effect in 2011. In due course, the corporate body will produce guidance.
On travel, the recommendation is to reduce the current rate of 49p per mile to 40p for the first 10,000 miles and 25p thereafter. As members know, those rates are fixed by HM Revenue and Customs. Although they might not reflect adequately the costs that individuals incur when fuel costs are more than £5 a gallon, our constituents must endure the same rates and it is surely right that we place ourselves under the same conditions—some might say burdens—as our constituents.
It is important to note that the vast majority of recommendations in the report are agreed by the vast majority of members in the chamber. The main point of contention is the difference in the staffing allowance accorded to constituency and list members. The independent panel acknowledged that the evidence base for its conclusions on regional members could have been more robust. In part, that is due to the relatively low response from regional members to the panel's call for evidence. The recommendation has caused considerable concern among list members and, indeed, others. To deal with those concerns in a way that protects the integrity of the Parliament, we should agree to a further review of list members' position as quickly as possible.
I have received many representations since the report was published, but I have received none that challenges the appropriateness of the conclusions for constituency members or the evidence base that led to those conclusions. Nine years into the life of this institution, protecting its integrity and demonstrating its maturity are vital. I do not believe that a solution that merely divides the spoils without any evidence base either protects that integrity or promotes the maturity of the institution. I especially do not believe that a solution that denies parliamentary staff access to fair and decent pay scales will do us credit.
Therefore, in moving the motion on the recommendations in the report, I stress two important caveats. First, the Parliament should acknowledge the need for a leader's allowance scheme, as the independent report recommended, simply because in any properly functioning democracy the Opposition should have the resources to challenge the Government of the day. Secondly, any shortcomings on the recommendations on regional members' staff allowance should be dealt with speedily, on the basis of evidence and not through a political fix.
I move,
That the Parliament recognises that the Scottish Parliamentary Corporate Body ("the SPCB") commissioned and received a report from an independent review panel on the reimbursement of expenses for Members of the Scottish Parliament, notes the SPCB's responsibility to present a scheme to Parliament, and therefore;
(a) by virtue of sections 81(2) and (5)(b) and 83(5) of the Scotland Act 1998
(i) confers functions on the SPCB to pay allowances to members in respect of expenses or costs incurred in each financial year in accordance with the Reimbursement of Members' Expenses Scheme ("the Scheme") annexed as Annex 1 to this resolution and confers other functions on the SPCB as specified in the Scheme;
(ii) determines that the various limits on expenses or costs under the Scheme are as set out in the Schedule of Rates annexed as Annex 2 to this resolution and that such limits are applicable until the SPCB exercises its power under the Scheme to uprate or vary them;
(iii) determines that the Scheme shall come into effect on 1 October 2008, subject to any arrangements made under sub-paragraph (vi);
(iv) directs the SPCB to make such arrangements as it may consider necessary or expedient to allow transition from the Members' Allowances Scheme agreed to by resolution of the Parliament on 21 June 2001 ("the Previous Scheme") to the Scheme, including, but not limited to, continuing in force any provisions of the Previous Scheme beyond 1 October 2008, making apportionments between the Previous Scheme and the Scheme or making arrangements for particular cases or particular classes of case as appropriate;
(v) directs the SPCB that any transitional arrangements which it determines under sub-paragraph (iv) shall end not later than 31 March 2011; and
(vi) directs the SPCB to make such arrangements as it may consider necessary or expedient to apply the limit on entitlement to reimbursement of staff salary costs with effect from a date before 1 October 2008, whether by adjusting the amount of the Members' Support Allowance under the Previous Scheme or by backdating reimbursement of staff salary costs under the Scheme;
(b) rescinds, with effect from 1 October 2008, the Resolution of the Parliament of 21 June 2001 in relation to the Equipment and Furniture Scheme;
(c) subject to any arrangements made under paragraph (a) above, rescinds, with effect from 1 October 2008, the Resolution of the Parliament of 21 June 2001 in relation to the Previous Scheme.
ANNEX 1 TO THE RESOLUTION
This is the Reimbursement of Members' Expenses Scheme referred to in the foregoing resolution.
REIMBURSEMENT OF
MEMBERS' EXPENSES SCHEME
The Reimbursement of Members' Expenses Scheme
CONTENTS
1. GENERAL RULES
1.1 The Principles of the Scheme
1.2 Administration of the Scheme
1.3 Publication of Expenses
1.4 Submission of Claims and Verification of Expenditure
1.5 Review of Decisions and Improper Claims
1.6 Virement
1.7 Pools
1.8 Miscellaneous Provisions
2. ACCOMMODATION
2.1 Accommodation in Edinburgh
2.2 Overnight Accommodation outside Edinburgh
3. STAFF COSTS
3.1 Introduction
3.2 Staff Salary Costs
3.3 Employer's National Insurance and Employer's Pension Contributions
3.4 Temporary Staff Cover Costs
3.5 Incidental and Ancillary Employment Costs
3.6 Redundancy Costs
3.7 Employment of Close Family Members
4. OFFICE COSTS
4.1 Introduction
4.2 Reimbursement of Office Costs for Members who Establish and Run Local Parliamentary Offices
4.3 Reimbursement of Office Costs for Members who do not Establish and Run Local Parliamentary Offices
4.4 Members Working from Home
4.5 Telecommunications Costs
4.6 Surgery Advertising
5. COST OF TRAVEL
6. DISABILITY
7. ADDITIONAL EXPENSES
7.1 Interpretation, Translation and Similar Costs
7.2 Exceptional Expenses
8. WINDING-UP
8.1 Introduction
8.2 Staff Costs
8.3 Staff Redundancy
8.4 Office Winding-Up Costs
8.5 Time Limit for Submission of Claims
9. DEFINITIONS
ANNEXES
A. Groups of Constituencies For Entitlement To Accommodation in Edinburgh
B. Constituencies and Regions For Entitlement To Overnight Accommodation Outside Edinburgh
SECTION 1 - GENERAL RULES
1.1 THE PRINCIPLES OF THE SCHEME
1.1.1 In submitting a claim, a member shall:-
(a) act in accordance with the Scheme Principles;
(b) comply with the rules of the Scheme; and
(c) have regard to any guidance issued by the SPCB under paragraph 1.2.2(c).
1.1.2 The Principles of the Scheme are:-
Objectivity
A member is entitled to reimbursement of expenses which have been incurred only for the purpose of carrying out parliamentary duties.
A member shall not submit a claim unless the member is satisfied that the expenses represent value for money and were incurred having due regard to efficiency and effectiveness.
Accountability
A member is personally accountable for a claim, even if the member delegates the administration of the claim to others.
A member is entitled to reimbursement of expenses only if the claim is supported by receipts or other documentation confirming the expenditure, unless otherwise determined by the SPCB.
Openness
A member shall be open and transparent as respects expenses claimed under the Scheme.
Integrity
A member shall ensure that a claim is in compliance with the Scheme.
A member shall not submit a claim which relates to party political activity and a member shall not enter into any arrangement which could give rise to a benefit to a party political organisation.
Selflessness
A member shall ensure that any claim is submitted solely in respect of the performance of parliamentary duties and is not submitted in order to gain financial or other benefit for the member or any other person.
Honesty
A claim shall be made in good faith.
Leadership
In complying with the rules of the Scheme and the Scheme Principles, a member shall lead by example to strengthen public trust in the Scheme.
1.1.3 The SPCB shall exercise its functions under the Scheme so as best to promote and achieve conformity with the Scheme Principles.
1.2 ADMINISTRATION OF THE SCHEME
1.2.1 The Scheme is to be administered by the SPCB.
1.2.2 In exercising its functions under the Scheme, the SPCB may make such arrangements as it sees fit for administration of the Scheme and for determining any claims and may, in particular:-
(a) prescribe the form and manner in which claims are submitted and the manner in which claims are verified;
(b) on the submission of a claim by a member, reimburse expenses incurred by that member;
(c) issue guidance to members on the operation of the Scheme;
(d) prescribe time limits for the submission of claims and determine the consequences of failure to comply with any such time limits; and
(e) do anything else which the SPCB considers necessary or expedient in connection with the administration of the Scheme.
1.2.3 In determining any matter under the Scheme the SPCB shall, in particular, consider whether a member has had regard to guidance issued under paragraph 1.2.2(c).
1.2.4 For each financial year the SPCB shall uprate the various limits on expenses or costs which can be reimbursed under the Scheme, having regard to such indices as the SPCB considers appropriate. Such increases shall apply from 1 April in any financial year.
1.2.5 The limits on the reimbursement of accommodation costs under paragraph 2.1.7, staff salary costs under paragraphs 3.2.1 and 3.2.2 and office costs under paragraphs 4.2.3 and 4.2.4 shall be rounded up to the nearest £100 at each uprating under paragraph 1.2.4.
1.2.6 The SPCB may at any time review the limits on the reimbursement of staff salary costs under paragraphs 3.2.1 and 3.2.2 and office costs under paragraphs 4.2.3, 4.2.4 and 4.2.7 and may, following such a review, apply such variation to those limits as it considers appropriate. Any such variation shall apply from 1 April in any financial year.
1.2.7 Where any changes are enacted in respect of constituencies or regions following a review by the Boundary Commission for Scotland, the SPCB may amend such references to constituencies and regions in this Scheme as it considers necessary to give effect to those changes.
1.3 PUBLICATION OF EXPENSES
1.3.1 The SPCB shall publish information on expenses reimbursed to members under the Scheme in such form and at such intervals as the SPCB may determine.
1.4 SUBMISSION OF CLAIMS AND VERIFICATION OF EXPENDITURE
1.4.1 Where a member is entitled to reimbursement of expenses or costs under the Scheme, the member shall complete and authenticate any form or other documentation provided or required by the SPCB.
1.4.2 Where a member is required to apply to the SPCB for reimbursement of any expenses or costs under the Scheme:-
(a) in advance of incurring any such expenses or costs, a member shall submit an application to the SPCB for approval of such expenses or costs in such form as the SPCB may require;
(b) the SPCB may grant its approval for reimbursement of such expenses or costs to such extent as it considers appropriate; and
(c) following such approval and once any such expenses or costs have been incurred by the member, the member shall complete and authenticate any form or other documentation provided or required by the SPCB and the SPCB shall reimburse such expenses or costs to the extent previously approved by it (or to the extent of expenses or costs actually incurred if that amount is less).
1.4.3 Subject to paragraph 1.4.4, the SPCB shall reimburse expenses or costs under this Scheme only on production of evidence of such expenses or costs in the form of supporting invoices or receipts or such other documentation as the SPCB may determine from time to time.
1.4.4 A member is not required to provide supporting invoices and receipts for the reimbursement of the cost of travel undertaken in the performance of, or in support of, the member's parliamentary duties:-
(a) in respect of a claim for an amount per mile for a journey, or part of a journey, by motor vehicle (excluding a hired motor vehicle), motor cycle, or bicycle; or
(b) in such other exceptional circumstances as the SPCB may determine.
1.4.5 The SPCB may determine that in certain circumstances a member shall provide written justification for the use of a taxi. The SPCB shall reimburse a member for taxi costs only to the extent that it is satisfied with the justification provided.
1.5 REVIEW OF DECISIONS AND IMPROPER CLAIMS
1.5.1 Where a member disputes a decision either not to reimburse expenses or costs or not to approve expenses or costs for reimbursement, the SPCB may review that decision. Any decision of the SPCB on review is final and it shall intimate the result of that review to the member.
1.5.2 The SPCB may investigate any claim. Where, following such an investigation, the SPCB finds that a member has submitted an improper claim, the SPCB may report to the Standards, Procedures and Public Appointments Committee and may recommend the removal of all or part of the member's entitlement to reimbursement of expenses under this Scheme for such period and to such extent as the SPCB may specify.
1.6 VIREMENT
1.6.1 Subject to paragraph 1.6.2, a member's entitlement to reimbursement of expenses or costs may not be transferred between the different categories of entitlement to reimbursement of expenses or costs in Sections 2, 3, or 4.
1.6.2 Once in any financial year a member may transfer up to one third of the limit on that member's entitlement to reimbursement of office costs to that member's entitlement to reimbursement of staff salary costs. A member making such a transfer shall notify the SPCB in advance of incurring any costs in respect of the sum transferred.
1.7 POOLS
1.7.1 Any members who set up a pool with one or more other members shall give written notice to the SPCB of the setting up of the pool. Such notice shall be in the names of all of the members in the pool.
1.8 MISCELLANEOUS PROVISIONS
1.8.1 A member is not entitled to reimbursement of expenses where those expenses have been, or will be, reimbursed or otherwise met from any other source.
1.8.2 Where a person becomes a member part way through a financial year, or where a member ceases to be a member part way through a financial year, any limit on the annual entitlement to reimbursement of expenses or costs is to be applied on a pro rata basis or on such other basis as the SPCB may determine.
SECTION 2 - ACCOMMODATION
2.1 ACCOMMODATION IN EDINBURGH
2.1.1 Subject to the provisions of paragraphs 2.1.4 to 2.1.6, a member with a main residence in a constituency listed in Group Two of Annex A is entitled to reimbursement of the cost of overnight accommodation for each night which that member requires to stay in Edinburgh in connection with the performance of parliamentary duties.
2.1.2 Subject to the provisions of paragraphs 2.1.4 to 2.1.6, a member with a main residence in a constituency listed in Group Three of Annex A is entitled to reimbursement of the cost of either:-
(a) overnight accommodation for each night which that member requires to stay in Edinburgh in connection with the performance of parliamentary duties; or
(b) leasing residential property in Edinburgh, other than from a close family member, another member or connected person.
2.1.3 Where a member is entitled to reimbursement of the cost of leasing residential property under paragraph 2.1.2(b), the member is entitled to reimbursement in respect of the following:-
(a) rent;
(b) council tax and water charges;
(c) factoring charges, but excluding common repair costs;
(d) utility costs and telecommunications costs; and
(e) contents insurance.
2.1.4 Subject to paragraphs 2.1.5 and 2.1.6, a member who has either a main residence or any other residence in Edinburgh is not entitled to reimbursement of the cost of accommodation in Edinburgh under this Section.
2.1.5 A member who has a main residence in a constituency listed in either Group Two or Group Three of Annex A and who also has any other residence in Edinburgh may apply to the SPCB for reimbursement of the cost of overnight accommodation in Edinburgh. The SPCB shall reimburse such costs only if it is satisfied that it would not be reasonable in all the circumstances to expect that member to use that member's other residence in connection with the performance of parliamentary duties.
2.1.6 Where:-
(a) a member has a main residence in a constituency listed in Group Three of Annex A; and
(b) the member also has any other residence in Edinburgh which the member uses in connection with the performance of parliamentary duties,
the member may apply to the SPCB for reimbursement of the costs specified in paragraph 2.1.3(b), (d) and (e) in respect of that other residence. The SPCB shall reimburse such costs only if it is satisfied that it would be reasonable in all the circumstances so to do and may determine to reimburse such costs to the extent it considers appropriate.
2.1.7 A member is entitled to reimbursement of costs for accommodation in Edinburgh under paragraphs 2.1.1, 2.1.2, 2.1.3, 2.1.5 and 2.1.6 subject to the limit in each financial year specified in the Schedule of Rates.
2.2 OVERNIGHT ACCOMMODATION OUTSIDE EDINBURGH
2.2.1 A member is entitled to reimbursement of the cost of overnight accommodation:-
(a) subject to paragraph 2.2.2, outside Edinburgh (but within the UK) for each night when the performance of parliamentary duties prevents the member from using the member's main residence or any other residence; and
(b) when in Brussels or Strasbourg for meetings with members of the European Parliament and/or with representatives of the European Union institutions in connection with the performance of the member's parliamentary duties.
2.2.2 A member is not entitled to reimbursement under paragraph 2.2.1(a) in connection with the performance of parliamentary duties within the constituency or region from which the member has been returned unless:-
(a) the member has been returned from one of the constituencies or regions listed in Annex B; or
(b) in the case only of members returned either from the Cunninghame North Constituency or from the West of Scotland region, the requirement for overnight accommodation arises in connection with the performance of parliamentary duties on an island in the Cunninghame North constituency.
2.2.3 Unless paragraph 2.2.1 (b) applies, a member shall apply to the SPCB for reimbursement of the cost of overnight accommodation for each night which the member requires to stay outwith the UK in connection with the performance of parliamentary duties.
SECTION 3 - STAFF COSTS
3.1 INTRODUCTION
3.1.1 A member may engage staff under a contract of employment (whether on a full-time or part-time basis), under a contract for services or by virtue of an arrangement with an agency and any such staff may be permanent or temporary.
3.1.2 A member of staff may be engaged either by a single member or jointly by two or more members through a pool.
3.1.3 This Section applies in respect of the following costs for staff who are engaged for the purpose of assisting in the performance of the member's parliamentary duties:-
(a) staff salary costs;
(b) employer's National Insurance and employer's pension contributions;
(c) temporary staff cover costs;
(d) incidental and ancillary employment costs; and
(e) redundancy costs.
3.1.4 Staff shall not undertake any significant party political activity during any hours of work which are included within claims submitted under this Section.
3.1.5 The SPCB shall:-
(a) provide a payroll service for members' employees;
(b) provide an arrangement for employer's pension contributions to be paid to an employee's choice of pension scheme, provided that such pension scheme has been approved by the SPCB; and
(c) process any other benefits deemed appropriate under the model terms and conditions of employment approved by the SPCB from time to time.
3.1.6 A member shall provide to the SPCB sufficient details about their employees to allow the SPCB to provide the services specified in paragraph 3.1.5.
3.1.7 A member may submit a claim under this Section in respect of an employee only if the employee is employed on terms which are no less favourable than the model terms and conditions of employment approved by the SPCB from time to time.
3.2 STAFF SALARY COSTS
3.2.1 A constituency member is entitled to reimbursement of staff salary costs subject to the limit in any financial year specified in the Schedule of Rates.
3.2.2 A regional member is entitled to reimbursement of staff salary costs subject to the limit in any financial year specified in the Schedule of Rates.
3.2.3 Staff salary costs comprise:-
(a) in respect of employees, the employee's gross salary, including any overtime payments, and any necessary expenses (other than expenses in respect of the cost of travel or the cost of overnight accommodation) reimbursed to the employee by the member, but (subject to paragraph 3.3.1) excluding employer's National Insurance contributions or employer's pension contributions;
(b) the amount of any redundancy payment payable to an employee or any costs which arise as a result of any other termination of an employee's contract;
(c) in respect of self-employed or agency staff, the gross contracted payment to the member of staff or the agency; or
(d) where members have set up a pool, incidental costs which arise from operation of the pool.
3.3 EMPLOYER'S NATIONAL INSURANCE AND EMPLOYER'S PENSION CONTRIBUTIONS
3.3.1 Where a member is entitled to reimbursement of staff salary costs for an employee under paragraph 3.2.3(a), the SPCB may also reimburse any employer's National Insurance contributions and employer's pension contributions. The reimbursement of employer's pension contributions will be subject to a limit of 10% of the employee's gross basic annual salary, except in the case of employees in post as at 1 March 2001 where the actual contributions will be reimbursed.
3.4 TEMPORARY STAFF COVER COSTS
3.4.1 A member may apply to the SPCB for reimbursement of the additional cost of employing or otherwise engaging temporary staff when necessary due to the absence of a permanent member of staff lasting in excess of two weeks.
3.4.2 An application under paragraph 3.4.1 shall be supported by adequate medical certificates or other relevant documents confirming the reason for absence.
3.4.3 Any costs reimbursed under paragraph 3.4.1 may include employer's National Insurance contributions and employer's pension contributions subject to a limit of 10% of the employee's gross basic annual salary.
3.4.4 The SPCB shall reimburse costs under paragraph 3.4.1 only if it is satisfied that the employment of temporary staff was reasonable in the circumstances.
3.5 INCIDENTAL AND ANCILLARY EMPLOYMENT COSTS
3.5.1 A member may apply to the SPCB for reimbursement of the reasonable costs of advertising for recruitment of staff.
3.5.2 A member may apply to the SPCB for reimbursement of:-
(a) the fees incurred for the attendance of a member of staff, a volunteer or intern at a seminar or conference within the UK for the purpose of assisting the member in the performance of parliamentary duties;
(b) the fees or other charges incurred in providing appropriate training for a member of staff; and
(c) the cost of travel and overnight accommodation associated with sub-paragraphs (a) or (b) above.
3.5.3 A member who submits an application under paragraph 3.5.2 shall certify the reason for the attendance of the member of staff, volunteer or intern at the seminar or conference or the reason for the training for a member of staff. The SPCB shall approve an application under paragraph 3.5.2 only to the extent that it is satisfied with the reason given.
3.5.4 The SPCB may meet such expenses or costs in respect of such items of a kind which reflect good employment practices and facilities for members in their capacity as employers or for members' staff as the SPCB determines appropriate and subject to such conditions as the SPCB considers appropriate.
3.6 REDUNDANCY COSTS
3.6.1 Paragraphs 3.6.2 to 3.6.4 apply where a member dismisses an employee by reason of redundancy at any time other than when the member has ceased to be a member.
3.6.2 Subject to paragraphs 3.6.3 and 3.6.4, where in any financial year the limit on a member's entitlement to reimbursement of staff salary costs is or would be exceeded by reason of the making of a redundancy payment, the SPCB may, on an application by the member, reimburse such further amount (not exceeding the amount of the redundancy payment) as it considers appropriate.
3.6.3 The SPCB shall reimburse an amount under paragraph 3.6.2 only if it is satisfied that:-
(a) the member was entitled under this Section to receive reimbursement of staff salary costs in respect of the employee concerned at the date of dismissal;
(b) the employee was in fact dismissed by reason of redundancy;
(c) the member was under a legal obligation to make the payment; and
(d) where, under the terms of the contract between the member and the employee, the employee's entitlement to a redundancy payment exceeds the employee's statutory entitlement, the contractual provision was reasonable in all the circumstances.
3.6.4 If the SPCB determines under paragraph 3.6.3(d) that the contractual provision was not reasonable, the SPCB may restrict the application for reimbursement of the redundancy payment to such amount as the SPCB considers reasonable.
3.7 EMPLOYMENT OF CLOSE FAMILY MEMBERS
3.7.1 A member who submits a claim in respect of the cost of employing a close family member, whether individually or through a pool, shall declare that relationship to the SPCB. The declaration shall be in writing and include the name of the close family member, the relationship to the member and such other information as the SPCB may determine.
3.7.2 The SPCB shall arrange for all such declarations to be registered in a register which is open to public inspection.
SECTION 4 - OFFICE COSTS
4.1 INTRODUCTION
4.1.1 A member is entitled to reimbursement of office costs reasonably incurred in the performance of the member's parliamentary duties, in so far as not available from the SPCB by way of central provision.
4.1.2 Office costs include, but are not limited to:-
(a) the cost of establishing and running a local parliamentary office, such as leasing and utility costs;
(b) the purchase or lease of office furniture or equipment (including IT or photocopying equipment) or the purchase of stationery;
(c) the cost of telecommunications, in so far as such costs exceed the limit on entitlement to reimbursement under paragraph 4.5.1;
(d) the cost of the publication and distribution of newsletters, annual reports and surveys;
(e) the cost of advertising and the cost of surgery advertising, in so far as the cost of surgery advertising exceeds the limit on entitlement to reimbursement under paragraph 4.6.1;
(f) the cost of overnight accommodation for a member of staff, a volunteer or intern when the member of staff, volunteer or intern is required to accompany a member for the purpose of assisting the member in the performance of parliamentary duties;
(g) the hire of premises for surgeries, public meetings and other meetings with constituents;
(h) the fees for a member attending a seminar or conference; and
(i) any other costs which are ancillary to those specified in sub-paragraphs (a) to (h) above.
4.2 REIMBURSEMENT OF OFFICE COSTS FOR MEMBERS WHO ESTABLISH AND RUN LOCAL PARLIAMENTARY OFFICES
4.2.1 A member shall usually have one office within the constituency or region from which that member was returned. If a member has such an office, the member shall use it as the local parliamentary office and the office shall be the registered local address for correspondence.
4.2.2 A local parliamentary office shall not be used for party political activities of any kind.
4.2.3 A constituency member is entitled to reimbursement of office costs subject to the limit in each financial year specified in the Schedule of Rates.
4.2.4 Where in a particular region a single regional member is returned from a registered political party's regional list or where there is a regional member not aligned to any political party, that member is entitled to reimbursement of office costs subject to the limit in each financial year specified in the Schedule of Rates.
4.2.5 Subject to paragraph 4.2.6, where in a particular region more than one member is returned from a registered political party's regional list, those members are entitled between them only to reimbursement of office costs in respect of one regional office.
4.2.6 Where in the Highlands and Islands, North East Scotland, South of Scotland, or Mid Scotland and Fife Regions more than one member is returned from a registered political party's regional list, the SPCB may, on the written application of all of the members concerned, determine that they are entitled to reimbursement of office costs in respect of an additional local parliamentary office within the region.
4.2.7 The limit on the entitlement of each regional member to reimbursement of office costs in the circumstances set out in paragraphs 4.2.5 and 4.2.6 is calculated in accordance with the following table:-
Number of Regional Members
Percentage of Limit on Office Costs Applicable to a Single Regional Member
One Office in the Region (limit per member)
Two Offices in the Region (limit per member)
2
60%
100%
3
47%
80%
4
40%
65%
5
36%
56%
Any limit calculated in accordance with the table above shall be rounded up to the nearest £100.
4.2.8 On the application of a member the SPCB may, if satisfied that local variations in the market for office accommodation make it impracticable for the member to establish and run a suitable local parliamentary office within the limit of costs which can be reimbursed under this Section, increase by up to 10% the limit on entitlement to reimbursement which would otherwise be applicable to that member.
4.2.9 A member is not entitled to reimbursement of costs in respect of a local parliamentary office if the member leases office premises from or sub-lets any part of office premises to a close family member or connected person.
4.2.10 A member who sub-lets any part of a local parliamentary office to any other person is entitled to reimbursement of the amount of rent paid by the member less the rent due under any sub-lease.
4.2.11 A member who leases local parliamentary office premises from a party political organisation shall supply to the SPCB a report prepared by an independent surveyor providing a professional opinion as to the fair market rent for the premises concerned when leased on the same terms. The SPCB shall not reimburse rent incurred until such a report has been provided. If, on the basis of the report, the SPCB determines that the rent payable in terms of the lease is greater than the fair market rent, the member shall be deemed to be liable only for the fair market rent and the member's entitlement to reimbursement shall be calculated on that basis.
4.2.12 A member who sub-lets local parliamentary office premises or part of those premises to a party political organisation shall, before concluding the sub-lease, supply to the SPCB a report prepared by an independent surveyor providing a professional opinion as to the fair market rent for the premises concerned when sub-let on the same terms. If, on the basis of the report, the SPCB determines that the rent payable in terms of the sub-lease is less than the fair market rent, the member shall be deemed to be in receipt of the fair market rent and any rent reimbursed shall be calculated on that basis.
4.2.13 A member is not entitled to reimbursement of office costs in respect of a local parliamentary office which is shared with a Member of the House of Commons ("MP") or a Member of the European Parliament ("MEP") unless the member has entered into a written agreement with the MP or MEP as to the apportionment of costs and the terms of the agreement have been approved by the SPCB.
4.3 REIMBURSEMENT OF OFFICE COSTS FOR MEMBERS WHO DO NOT ESTABLISH AND RUN LOCAL PARLIAMENTARY OFFICES
4.3.1 Where a member does not establish and run a local parliamentary office within the constituency or region from which that member was returned, or where a member uses an office in the Parliament as a local parliamentary office, that member is entitled only to reimbursement of office costs up to a maximum amount of 25% of the limit on entitlement to reimbursement which would otherwise be applicable to that member.
4.4 MEMBERS WORKING FROM HOME
4.4.1 A member who works from home in connection with the performance of parliamentary duties is not entitled to reimbursement of any office costs arising from the use of the home for that purpose other than the cost of telecommunications.
4.5 TELECOMMUNICATIONS COSTS
4.5.1 A member is entitled to reimbursement of the cost of telecommunications subject to the limit in any financial year specified in the Schedule of Rates.
4.6 SURGERY ADVERTISING
4.6.1 A member is entitled to reimbursement of the cost of advertising that member's availability to the public at specified dates, times and places in that member's constituency or region for consultation regarding enquiries and problems, through surgeries or otherwise, subject to the limit in any financial year specified in the Schedule of Rates. "Advertising" includes the production of posters or leaflets.
SECTION 5 - COST OF TRAVEL
5.1.1 A member is entitled to reimbursement of the cost of travel:-
(a) undertaken in the performance of parliamentary duties within the UK; or
(b) to Brussels or Strasbourg for meetings with members of the European Parliament and/or with representatives of European Union Institutions in connection with the performance of parliamentary duties.
5.1.2 Subject to paragraph 5.1.3, travel undertaken in the performance of parliamentary duties may include journeys between any places at which parliamentary duties are performed or between such places and a member's residence or overnight accommodation.
5.1.3 Where a member's rent is reimbursed under paragraph 2.1.3(a), and where the property is situated outside the boundary of the City of Edinburgh, the member is not entitled to reimbursement of the cost of travel between that property and the Parliament.
5.1.4 A member is entitled to reimbursement of the cost of travel within Scotland undertaken by a member of staff, volunteer or intern in support of the member's parliamentary duties. A member's entitlement to reimbursement under this paragraph is limited to the cost of a maximum of 74 journeys per member in any financial year. A member who submits a claim under this paragraph shall certify the purpose of the journeys undertaken. A journey shall be all such travel completed within one day, but shall not include daily commuting journeys by a member of staff, volunteer or intern to a normal place of work.
5.1.5 Unless paragraph 5.1.1(b) applies, a member shall apply to the SPCB for reimbursement of the cost of travel outwith the UK undertaken in the performance of parliamentary duties.
SECTION 6 - DISABILITY
6.1.1 A member who has a disability may apply to the SPCB for reimbursement of expenses incurred in respect of additional resources reasonably required for the performance of that member's parliamentary duties.
6.1.2 In selecting premises for a local parliamentary office a member should have regard to the accessibility of the premises and in particular to the special needs of any person. A member may apply to the SPCB for reimbursement of expenses incurred by the member in respect of:-
(a) making reasonable adjustments to the office to accommodate a disabled member of staff and/or facilitating access for disabled members of the public;
(b) providing equipment and/or parking spaces for disabled persons; or
(c) facilitating meetings involving disabled persons by hiring (on an occasional basis) alternative office and meeting premises.
SECTION 7 - ADDITIONAL EXPENSES
7.1 INTERPRETATION, TRANSLATION AND SIMILAR COSTS
7.1.1 A member may apply to the SPCB for reimbursement of any expenses incurred in respect of:-
(a) engaging an interpreter for a language other than English or engaging a sign language interpreter who in either case is required for a meeting with members of the public;
(b) translation services required for correspondence with members of the public; or
(c) any other services required to facilitate equal access to members for disabled persons.
7.2 EXCEPTIONAL EXPENSES
7.2.1 A member may apply to the SPCB for reimbursement of any exceptional expenses to be incurred by that member in connection with the performance of parliamentary duties.
SECTION 8 - WINDING UP
8.1 INTRODUCTION
8.1.1 This Section applies when a person (referred to as the "former member") ceases to be a member of the Parliament for any reason.
8.1.2 On or after the date on which the former member ceased to be a member Sections 2, 3, 4, 5, 6 and 7 of this Scheme continue to apply only in respect of any claim relating to expenses or costs incurred or committed to prior to that date. All such claims shall be submitted within such period as the SPCB may specify.
8.1.3 Unless paragraph 8.1.2 applies, paragraphs 8.2 to 8.5 apply in respect of any expenses or costs incurred after the date on which a former member ceased to be a member for the purpose of winding up the former member's office.
8.2 STAFF COSTS
8.2.1 A former member remains entitled to reimbursement of staff salary costs, employer's National Insurance contributions and employer's pension contributions, as provided for in paragraphs 3.2 and 3.3, in order to retain the services of staff for the purposes of the winding up of the former member's office for a maximum of three months after the date on which the former member ceased to be a member.
8.3 STAFF REDUNDANCY
8.3.1 Where a former member dismisses an employee by reason of redundancy, the former member is entitled to reimbursement of any redundancy payment payable to the employee only if the SPCB is satisfied that:-
(a) the former member was entitled to receive reimbursement of salary costs in respect of the employee concerned at the date of dismissal;
(b) the employee was in fact dismissed by reason of redundancy;
(c) the former member was under a legal obligation to make the payment; and
(d) where, under the terms of the contract between the former member and the employee, the employee's entitlement to a redundancy payment exceeds the employee's statutory entitlement, the contractual provision was reasonable in all the circumstances.
8.3.2 If the SPCB determines under paragraph 8.3.1(d) that the contractual provision was not reasonable, the SPCB may restrict the application for reimbursement of the redundancy payment to such amount as the SPCB considers reasonable.
8.4 OFFICE WINDING-UP COSTS
8.4.1 A former member is entitled to reimbursement of the costs reasonably incurred in the closing down of a local parliamentary office subject to a limit equivalent to one third of the limit on entitlement to reimbursement of office costs which would otherwise have been applicable to that former member.
8.5 TIME LIMIT FOR SUBMISSION OF CLAIMS
8.5.1 A former member shall submit any claims under paragraphs 8.2 to 8.4 within six months from the date on which the former member ceased to be a member, or, if that is not possible, within such longer period as the SPCB may allow.
SECTION 9 - DEFINITIONS
9.1.1 The following definitions apply to the Scheme:-
"claim" means a claim or application under the Scheme for reimbursement of expenses or costs;
"close family member", in relation to a member, means-
(a) a spouse, civil partner or cohabiting partner of the member; or
(b) a parent, child, grandparent, grandchild, sibling, uncle, aunt, nephew or niece of the member or of a person mentioned in sub-paragraph (a);
"connected person", in relation to a member, means a business partner or a business associate of the member or any organisation (other than a party political organisation) in which the member concerned or a close family member has an interest;
"cost of overnight accommodation" means the actual cost incurred by the member, or, as the case may be, member of staff, volunteer or intern (inclusive of the cost of any evening meal and breakfast) subject to the limit per night specified in the Schedule of Rates;
"cost of travel" means-
(a) the actual cost of any travel ticket purchased or fare paid in making a journey, or part of a journey, by public transport;
(b) in respect of a journey, or part of a journey, by means of a motor vehicle (excluding a hired motor vehicle), motor cycle or bicycle, such amount per mile as is prescribed from time to time as the rate applicable for vehicles of those kinds in section 230(2) of the Income Tax (Earnings and Pensions) Act 2003 (or any re-enactment of that provision);
(c) in exceptional circumstances, with the approval of the SPCB, the actual cost of motor vehicle hire and associated fuel costs;
(d) tolls and car parking charges;
"constituency" and "region" refer to the constituencies and regions provided for by Schedule 1 to the Scotland Act 1998 (or any re-enactment of that provision);
"constituency member" means a member of the Parliament for a constituency;
"disability" has the same meaning as in section 1 of the Disability Discrimination Act 1995 (or any re-enactment of that provision), and "disabled" is to be construed accordingly;
"Edinburgh" (except in paragraph 5.1.3) means a constituency listed in Group One of Annex A;
"financial year" means the year from 1 April to 31 March;
"improper claim" means a claim in respect of expenses or costs which have either not in fact been incurred or have not been incurred for a purpose permitted by the Scheme;
"member", except where the context otherwise requires, means a member of the Parliament;
"other residence" means any residential property (other than a member's main residence) which is owned by a member and which that member has regularly occupied as a residence;
"Parliament" means the Scottish Parliament;
"parliamentary duties" means any task or function which a member could reasonably be expected to carry out in that member's capacity as a member, including but not limited to:-
(a) attending a meeting of the Parliament;
(b) attending a meeting of a committee or sub-committee of the Parliament on which the member sits or which the member is required to attend, or attending such a meeting for some other valid reason relating only to the business of the committee or sub-committee;
(c) undertaking research or administrative functions which relate directly to, or are in connection with, the business of the Parliament;
(d) attending meetings for the purpose of representing electors or explaining the application of policy or meeting a member of the public residing in the constituency or region from which that member was returned;
(e) attending parliamentary party group meetings in Edinburgh or, with the prior approval of the SPCB, any other place in Scotland;
(f) attending a meeting, ceremony or official function which relates directly to, or is in connection with, the business of the Parliament;
(g) attending an international conference which relates directly to, or is in connection with, the business of the Parliament with the prior approval of the SPCB;
but does not include a member's activities which are in relation to that member's role as a party spokesperson or representative;
"pool" means any arrangement by which two or more members jointly engage staff;
"public transport" means any service or services provided to the public at large for the carriage of passengers by road, rail, air or sea;
"regional member" means a member of the Parliament for a region;
"reimbursement" means either a payment by the SPCB to a member in respect of an expense or cost incurred by that member, or a payment made by the SPCB on behalf of a member either to a third party to whom that member has an obligation to make payment or to a member of staff to whom that member has requested that payment be made;
"Schedule of Rates" means the schedule published from time to time by the SPCB specifying the various limits on expenses or costs which can be reimbursed under this Scheme;
"Scheme" means the Reimbursement of Members' Expenses Scheme;
"Scheme Principles" means the principles in paragraph 1.1.2;
"SPCB" means the Scottish Parliamentary Corporate Body;
"staff" means any person or persons in respect of whom a member is entitled to reimbursement of staff costs under Section 3 and a "member of staff" is to be construed accordingly.
ANNEX A: GROUPS OF CONSTITUENCIES FOR ENTITLEMENT TO ACCOMMODATION IN EDINBURGH
Group One
Group Two
Group Three
Edinburgh Central
Edinburgh East and Musselburgh
Edinburgh North and Leith
Edinburgh Pentlands
Edinburgh South
Edinburgh West
Linlithgow
Livingston
Midlothian
Airdrie and Shotts
Central Fife
Coatbridge and Chryston
Cumbernauld and Kilsyth
Dundee East
Dundee West
Dunfermline East
Dunfermline West
East Lothian
Falkirk East
Falkirk West
Glasgow Anniesland
Glasgow Baillieston
Glasgow Cathcart
Glasgow Govan
Glasgow Kelvin
Glasgow Maryhill
Glasgow Pollok
Glasgow Rutherglen
Glasgow Shettleston
Glasgow Springburn
Hamilton North and Bellshill
Hamilton South
Kirkcaldy
Motherwell and Wishaw
North East Fife
Ochil
Paisley North
Paisley South
Perth
Stirling
Strathkelvin and Bearsden
Tweeddale, Ettrick and Lauderdale
Aberdeen Central
Aberdeen North
Aberdeen South
Angus
Argyll and Bute
Ayr
Banff and Buchan
Caithness, Sutherland and Easter Ross
Carrick, Cumnock and Doon Valley
Clydebank & Milngavie
Clydesdale
Cunninghame North
Cunninghame South
Dumbarton
Dumfries
East Kilbride
Eastwood
Galloway and Upper Nithsdale
Gordon
Greenock and Inverclyde
Inverness East, Nairn and Lochaber
Kilmarnock and Loudoun
Moray
North Tayside
Orkney
Ross, Skye and Inverness West
Roxburgh and Berwickshire
Shetland
West Aberdeenshire and Kincardine
West Renfrewshire
Western Isles
ANNEX B: CONSTITUENCIES AND REGIONS FOR ENTITLEMENT TO OVERNIGHT ACCOMMODATION OUTSIDE EDINBURGH
Constituencies
Argyll and Bute
Caithness, Sutherland and Easter Ross
Galloway and Upper Nithsdale
Inverness East, Nairn & Lochaber
North Tayside
Orkney
Ross, Skye and Inverness West
Roxburgh and Berwickshire
Shetland
West Aberdeenshire and Kincardine
Western Isles
Regions
Highlands & Islands
Mid Scotland and Fife
North East Scotland
South of Scotland
ANNEX 2 TO THE RESOLUTION
This is the Schedule of Rates referred to in the foregoing resolution.
SCHEDULE OF RATES
PARAGRAPH
DESCRIPTION
LIMIT
2.1.7
Annual limit on entitlement to reimbursement of overnight accommodation or leased accommodation in Edinburgh
£11,900
3.2.1
Annual limit on entitlement to reimbursement of staff salary costs for a constituency member
£64,300
3.2.2
Annual limit on entitlement to reimbursement of staff salary costs for a regional member
£46,700
4.2.3
Annual limit on entitlement to reimbursement of office costs for a constituency member
£15,600
4.2.4
Annual limit on entitlement to reimbursement of office costs for a single regional member or for a non-aligned regional member
£15,600
4.5.1
Annual limit on entitlement to reimbursement of telecommunications costs
£1,183
4.6.1
Annual limit on entitlement to reimbursement of surgery advertising costs
£1,560
9.1.1
Overnight Accommodation in UK (excluding Greater London)
£133.87 per night
9.1.1
Overnight accommodation in Greater London, Brussels or Strasbourg
£156.36 per night
9.1.1
Overnight accommodation elsewhere outside UK
As determined by the SPCB
I record my thanks for the work of Sir Alan Langlands and the other members of the review panel, who presented us with a comprehensive report on a proposed new members' expenses reimbursement scheme. As Tom McCabe said, the vast majority of the recommendations have been whole-heartedly agreed by all parties.
Tom McCabe spoke to a resolution of the Scottish Parliamentary Corporate Body. It is important that members know that Alex Johnstone and I did not agree to the resolution, which was arrived at by a casting vote of the Presiding Officer.
Although I endorse the recommendations of the Langlands review on the abolition of mortgage interest payments to members who purchase property in Edinburgh, it is worth noting that the Edinburgh accommodation allowance never had a John Lewis list and members who received the allowance were never entitled to new kitchens, bathrooms, Aga cookers or other elements that have given cause for great concern about the Westminster scheme.
The amendment in my name, which is supported by the Conservatives and the Greens, covers a number of issues. The primary issue is the principle that regional and constituency members of the Scottish Parliament should be treated equally. The amendment calls for parity in the amount that is available to constituency and regional members to meet staff costs—the amount would be £54,620. I am not calling for additional funding to be made available over and above what has been calculated is needed to meet the cost of the resolution.
Will the member give way?
I have very little time.
It is worth recording that every member of the SPCB agreed that the Langlands report used figures at the 2007-08 level and that all figures should be uprated to 2008-09 levels. It is unfortunate that the Labour Party changed its mind, which means that Ms Baillie's amendment and my amendment reflect staff salaries at the 2007-08 level. It is ironic that Ms Baillie and the Labour Party are prepared to deny staff money while arguing that constituency MSPs should get much more than regional MSPs in staff allowance. It is also interesting that the uprating will continue to apply to office costs and overnight expenses for MSPs—but not to staff salaries. Ms Baillie never sought to amend figures for those items to bring them back to the 2007-08 level.
As I said, it is a point of principle that there should be no disparity in the status of constituency and of regional members. That is one of the founding principles of the Parliament, and the Parliament's code of conduct for MSPs, which was approved by the Parliament, states that all MSPs are equal, regardless of how they are elected. If the Parliament is to move away from that principle, overwhelming evidence that we should do so must be presented. However, there is no such overwhelming evidence, as Tom McCabe acknowledged. Indeed, the evidence that the review team considered was scant, as Alan Langlands acknowledged in paragraph 5.25 of his report, where he said:
"we could not make a detailed assessment of caseload. In the event that the SPCB or the Parliament disagrees with our recommendations on staffing we would consider it appropriate for the SPCB to undertake further research".
However, the principle of parity would have been dispensed with before such research was undertaken, and we are not prepared to accept that.
Therefore, in addition to seeking parity on how much each member can claim for staff salary costs, I propose that a new principle should be added to the principles that are set out in the draft scheme. Members will also see from my amendment that I propose that if we agree on parity of staff salary provision for all members, there will be no need for the SPCB to review that provision in future and, therefore, my amendment seeks not to provide the SPCB with the power to vary staff salaries in future, with the exception of annual uprating. It is important to accept the principle of equality, which is enshrined in the amendment in my name.
I acknowledge that the resolution before us includes the facility for members to vire or transfer on a one-off basis a third of their provision for office costs to staff costs. I also propose in my amendment that where a member does not lease an office, the office cost abatement should be 50 per cent and not 75 per cent, as the resolution proposes. Margo MacDonald also makes that point in her amendment. The review panel noted that some members may decide not to have a local office and to work instead out of their office in the Parliament. My amendment recognises that the financial commitment for those members will not be as great as it is for members who have offices and that, in that case, the abatement should be reduced to 50 per cent.
I welcome the provisions in the draft scheme to allow a member to apply to the SPCB for reimbursement of any exceptional expenses that they incur. However, special recognition should be given to the needs of independent members and members of smaller parties who may not have the capacity to share workload and resources in the way that members of the larger parties can do in certain circumstances.
I return to the main element of my amendment, which is supported by the Conservatives, the Greens and, indeed, members of all parties: the principle of parity. No evidence was given to support a deviation from the long-held principle of the Parliament that all members should be treated equally. I hope that members accept that and that we can move forward.
I move amendment S3M-2092.2,
(a) in paragraph 1.1.2 of Annex 1 to the Resolution (the Reimbursement of Members' Expenses Scheme) insert at end
"Equality
All members have equal formal and legal status.";
(b) in paragraph 1.2.5 of Annex 1 to the Resolution, leave out "paragraphs 3.2.1 and 3.2.2" and insert "paragraph 3.2.1";
(c) in paragraph 1.2.6 of Annex 1 to the Resolution, leave out "staff salary costs under paragraphs 3.2.1 and 3.2.2 and";
(d) in Annex 1 to the Resolution, leave out
"3.2.1 A constituency member is entitled to reimbursement of staff salary costs subject to the limit in any financial year specified in the Schedule of Rates.
3.2.2 A regional member is entitled to reimbursement of staff salary costs subject to the limit in any financial year specified in the Schedule of Rates."
and insert
"3.2.1 A member is entitled to reimbursement of staff salary costs subject to the limit in any financial year specified in the Schedule of Rates."
(e) in Annex 1 to the Resolution, leave out "3.2.3" and insert "3.2.2";
(f) in paragraph 3.3.1 of Annex 1 to the Resolution leave out "3.2.3(a)" and insert "3.2.2(a)";
(g) in paragraph 4.3.1 of Annex 1 to the Resolution, leave out "25%" and insert "50%";
(h) in Annex 1 to the Resolution after
"7.2.1 A member may apply to the SPCB for reimbursement of any exceptional expenses to be incurred by that member in connection with the performance of parliamentary duties."
insert
"7.2.2 In determining any application under paragraph 7.2.1 the SPCB shall, where applicable, recognise the distinctive needs of members not aligned to any political party or members aligned to a political party with fewer than five members."; and
(i) leave out
"ANNEX 2 TO THE RESOLUTION
This is the Schedule of Rates referred to in the foregoing resolution.
SCHEDULE OF RATES
PARAGRAPH
DESCRIPTION
LIMIT
2.1.7
Annual limit on entitlement to reimbursement of overnight accommodation or leased accommodation in Edinburgh
£11,900
3.2.1
Annual limit on entitlement to reimbursement of staff salary costs for a constituency member
£64,300
3.2.2
Annual limit on entitlement to reimbursement of staff salary costs for a regional member
£46,700
4.2.3
Annual limit on entitlement to reimbursement of office costs for a constituency member
£15,600
4.2.4
Annual limit on entitlement to reimbursement of office costs for a single regional member or for a non-aligned regional member
£15,600
4.5.1
Annual limit on entitlement to reimbursement of telecommunications costs
£1,183
4.6.1
Annual limit on entitlement to reimbursement of surgery advertising costs
£1,560
9.1.1
Overnight Accommodation in UK (excluding Greater London)
£133.87 per night
9.1.1
Overnight accommodation in Greater London, Brussels or Strasbourg
£156.36 per night
9.1.1
Overnight accommodation elsewhere outside UK
As determined by the SPCB
and insert
"ANNEX 2 TO THE RESOLUTION
This is the Schedule of Rates referred to in the foregoing resolution.
SCHEDULE OF RATES
PARAGRAPH
DESCRIPTION
LIMIT
2.1.7
Annual limit on entitlement to reimbursement of overnight accommodation or leased accommodation in Edinburgh
£11,900
3.2.1
Annual limit on entitlement to reimbursement of staff salary costs
£54,620
4.2.3
Annual limit on entitlement to reimbursement of office costs for a constituency member
£15,600
4.2.4
Annual limit on entitlement to reimbursement of office costs for a single regional member or for a non-aligned regional member
£15,600
4.5.1
Annual limit on entitlement to reimbursement of telecommunications costs
£1,183
4.6.1
Annual limit on entitlement to reimbursement of surgery advertising costs
£1,560
9.1.1
Overnight Accommodation in UK (excluding Greater London)
£133.87 per night
9.1.1
Overnight accommodation in Greater London, Brussels or Strasbourg
£156.36 per night
9.1.1
Overnight accommodation elsewhere outside UK
As determined by the SPCB
Lyndon B Johnson once said:
"You've got to work things out in the cloakroom. When you've got them worked out, you can debate a little before you vote."
Today, we are having a little debate and, later, we will have a quick vote. Many hours of working things out in the Parliament's equivalent of the cloakroom will come down to what Lyndon B Johnson alluded to in his statement: a political fix. No one in this place should try to argue that we are averse to doing deals and trying to make progress on issues that are to our political advantage. That is the nature of our profession.
What makes today's debate different is that the fix is baseless. The motion not only contradicts the evidence of an independent report, but has been cobbled together without one shred of substantiation. The Labour Party has therefore lodged an amendment to support in its entirety the Langlands report as presented to the Parliament. On behalf of the Labour Party, I thank Sir Alan Langlands and his team for the excellent report that he produced in which he both identified the issues that need to be addressed and the way in which that should be done and provided the evidence for his conclusions.
The focus of our debate is staff remuneration. However, we should not forget that other expenses such as the Edinburgh accommodation allowance were also looked at and agreed to without reservation by the vast majority of members. So good was the Langlands report that no one, whether in a smoke-free room or more publicly, questioned its conclusion on staff remuneration for constituency members. Langlands believes that constituency offices need 2.5 staff and that around £62,000 is needed to enable constituency members to employ their staff on appropriate pay scales.
The contrived amendment that the SNP, the Tories and the Greens have cobbled together is not aimed at challenging the level of support that Langlands concluded should be provided to constituency members; it is simply an expression of those parties' desire to reject his conclusion that list members should have 1.5 staff posts.
The SNP, the Tories and the Greens have produced no evidence that Langlands got it wrong. Indeed, members on the Tory benches submitted evidence in which they argued for the very conclusion that Langlands reached. The argument from the SNP, the Tories and the Greens is simple: constituency members and list members have the same status and role and therefore they should have parity in what is made available to staff members' offices.
Does the member agree that the study that was carried out on behalf of the Langlands committee did not examine a representative sample of regional and constituency members? Does he support Tom McCabe's call for a further, more detailed and more comprehensive study to be undertaken?
I agree with that. I was coming to that point.
The point that has been made about parity is the same as arguing that a head of history and a head of physical education should have the same resources at their disposal. They are both paid the same and have equal status, but would anyone seriously argue that a PE department can be run for the same money as a history classroom can? Where is the evidence for the argument that we should have parity in what is available to all MSPs? Assertion is no substitute for actuality. If there are questions about the conclusion that Langlands reached in respect of the staff allowance for list members, we should seek a review of that; we should not take money from the pay packets of constituency members' staff.
As Alex McLuckie of the GMB Scotland union says in support of his members who work in the Parliament,
"Why is the First Minister determined to see staff in the Scottish Parliament paid far less than comparable staff at Westminster … making us a second class Parliament in terms of staff pay and conditions"?
The Parliament staff who serve members so well in this place are rightly entitled to a proper salary scale, so is it not also right that members' staff should be afforded the same? However, what will be done today will remove that prospect. Trish Marwick made it absolutely clear that that is the intention.
A worrying precedent will be set if the crafty coalition opposite me gets its way at decision time. We will rip up an independent evidence-based report and pick the pockets of constituency members' hard-working staff. Rather than produce evidence that list members need more resources for their staff and then have the situation reviewed, as Langlands suggested, members will take apart an independent report without any evidence for doing so. Members should make no mistake—Parliament will be damaged if that happens. More important, the material wellbeing of constituency members' staff will also be diminished, which will shame us all.
I move amendment S3M-2092.2.2, to leave out from first "(a)" to end and insert:
"leave out from "ANNEX 2 TO THE RESOLUTION" to end and insert
"ANNEX 2 TO THE RESOLUTION
This is the Schedule of Rates referred to in the foregoing resolution.
SCHEDULE OF RATES
PARAGRAPH
DESCRIPTION
LIMIT
2.1.7
Annual limit on entitlement to reimbursement of overnight accommodation or leased accommodation in Edinburgh
£11,900
3.2.1
Annual limit on entitlement to reimbursement of staff salary costs for a constituency member
£62,000
3.2.2
Annual limit on entitlement to reimbursement of staff salary costs for a regional member
£45,000
4.2.3
Annual limit on entitlement to reimbursement of office costs for a constituency member
£15,600
4.2.4
Annual limit on entitlement to reimbursement of office costs for a single regional member or for a non-aligned regional member
£15,600
4.5.1
Annual limit on entitlement to reimbursement of telecommunications costs
£1,183
4.6.1
Annual limit on entitlement to reimbursement of surgery advertising costs
£1,560
9.1.1
Overnight Accommodation in UK (excluding Greater London)
£133.87 per night
9.1.1
Overnight accommodation in Greater London, Brussels or Strasbourg
£156.36 per night
9.1.1
Overnight accommodation elsewhere outside UK
As determined by the SPCB
""
United we stand.
We do not need sedentary interventions between speeches, thank you.
I add my thanks to those that have already been recorded for the work that was done by the Langlands committee. My amendments rest on two propositions. The first is that an independent review has identified that, at last year's prices, the figure of £62,000 is required to provide the level and quality of service, delivered through an MSP's staff, that the public has the right to expect, regardless of which MSP is contacted. My second proposition is that members of the public do not know and probably do not care about the route by which we are elected—they see us as equal and, consequently, expect equity in relation to responses from our offices, regardless of the issue that is raised with us.
Will the member give way?
I will establish the point and come back to the member.
I agree completely with the report's identification of Sarah Boyack's office as the quality benchmark for all other MSPs' offices. However, I think that Sir Alan Langlands went wrong in failing to recognise that, for example, voters in Lothian who might well have voted to elect both Sarah Boyack and George Foulkes, Robin Harper or me do not differentiate between us or our staff. George Foulkes's, Robin Harper's and my service is delivered with and by our staff, as Sarah Boyack's staff work with and for her to deliver the same sort and quality of service.
Margo MacDonald says that the public do not care about the way in which members are elected. I suspect that she might be right in a way, but the fact is that the public elect constituency MSPs to represent them in the Parliament. In the Lanarkshire area of the Central Scotland region, the electorate rejected five SNP MSPs, yet they are here in the Parliament.
With all due respect to the member, I do not think that that point is proved.
In list members' offices, which have proportionately lower numbers of individual cases than Sarah Boyack's office has, the staff working for energetic MSPs—such as George Foulkes, Robin Harper and me—will be working just as hard and producing work of equal value. Fairness demands that that work should be rewarded equally. Of course, some list MSPs may be swinging the lead. There might even be some constituency MSPs doing the same. If so, their performance is a matter for their parties to deal with, and perhaps—and I say this with all due respect—for the Presiding Officer to investigate. Staff such as my own should not have their pay scales determined by others' below-par efforts or abilities.
I turn now to my reasons for advising members to reject the amendments from Tricia Marwick and Jackie Baillie.
Amendment S3M-2092.2, in the name of Tricia Marwick, seeks equality of salary for MSPs' staff—something that I hope that everyone agrees on. However, it ignores the independent review's recommendation that £62,000—at last year's prices—should be the amount available for the staff salaries of each MSP. I do not know whether the amendment seeks to demonstrate a born-again prudence to electors, but I must tell Tricia Marwick and Jackie Baillie that it is monumentally unfair to cut the salary scales of MSPs' support staff while we leave our own scales for Westminster MPs to decide.
My amendment does not seek to deny our staff appropriate salaries. Does Margo MacDonald therefore regret that the SPCB removed any reference to pay scales for staffing? Does she acknowledge that I am seeking to develop the evidence base that enables list members' staff to be paid appropriately?
On the first point, I could not agree more: there should be salary scales. On the second point, I feel that the principle is either accepted or rejected. I regret to say that some might reject it for the wrong reasons.
I appreciate that, in her amendment, the changes that Tricia Marwick seeks to make to the annexes to the resolution are an attempt to make the part of the proposals that relate to office expenses fairer to independents such as me. I think that she said that she accepted my amendment S3M-2092.1, which would lead to a 50 per cent reduction in the reimbursement of office costs. [Interruption.] I see that I am not correct in thinking that, in which case I will press both my amendments. I think that what Tricia Marwick proposes will be more bureaucratic and probably more expensive to administer.
Members do not have to spend to the limit. I demonstrate that every year, and I see that Mike Pringle does, too.
I rather regret that we do not have a simpler scheme for the overnight housing allowance—a scheme that recognised it would be fair for every member to have the same amount of money to spend in whatever way they liked. They could take money out of their own pocket and live at the Balmoral, or they could sleep on a park bench—although not next to my house.
I also regret the dissension over the business of a leader's allowance. We must forget the bad blood of the previous two sessions of Parliament and we must get on with this session of Parliament. The leader of the Opposition should have an allowance.
I must say in passing—
In closing, Ms MacDonald.
I feel that islands MSPs are particularly hard done to.
I urge all my fellow members not to vote on party-political grounds. They should think of this as a Parliament, and they should think of how people outside see us.
I move amendment S3M-2092.1, in paragraph 4.3.1 of Annex 1 to the Resolution (the Reimbursement of Members' Expenses Scheme) leave out "25%" and insert "50%".
I move amendment S3M-2092.2.1, in Annex 2 to the Resolution (the Schedule of Rates), leave out,
"
3.2.1
Annual limit on entitlement to reimbursement of staff salary costs
£54,620
"
and insert
"
3.2.1
Annual limit on entitlement to reimbursement of staff salary costs
£64,300
"
I will try to keep my speech brief. I speak in support of Tricia Marwick's amendment, but I approve of and support the vast majority of what Tom McCabe said. The Langlands report and the work that went into it are very valuable to Parliament.
Many members have approached me over the period of the review and consideration of it to make representations on subjects such as the Edinburgh accommodation allowance and the mileage payable, and I have had to tell them that I support the independent view of the report, because it was reached by an independent panel.
However, I will support the amendment in the name of Tricia Marwick and I speak because of the issue of equity. I believe that equality of esteem for members is a key principle that we must continue to support. Although people like me were opposed to the principle of proportional representation—and continue to oppose it for other reasons—the fact that members of this Parliament are elected proportionally to the votes that are cast is something of which we should be proud. The fact that we all draw the same salary and have similarly comfortable seats should not be the limit of our equality. I genuinely fear that if we are to accept a principle that will allow certain members to claim more office and staff support than others, the principle of proportional representation will, in effect, have been breached. Therefore, I stand to defend the principle of equity.
I am disappointed that the figure that we have come to is the one that is mentioned in Tricia Marwick's amendment. However, given that I am a member of the corporate body, affordability must always be one of my responsibilities. Therefore, I believe that the only option that was left to us was to take the figures for staff allowances that had been recommended by the Langlands report and to average them in order to achieve equity.
Will the member take an intervention?
No, thank you.
The many members who have made representations on the need to ensure adequate office support have made good cases.
Finally, I want to express an opinion that I have developed during discussion of these matters. We have heard from certain members that there is an evidence base to suggest that the workload of constituency members is greater. That is used as an argument for their receiving greater staff resources. I suggest that there is a counterargument that if we believe in equality in the Parliament, perhaps we need to consider the situation that has led to what members have described. Therefore, it is equally valid for people like me to suggest that we should consider how some members choose to market themselves and how in the future we might ensure that the workload, should it be different, is balanced properly.
I speak in a personal capacity. The Liberal Democrats believe that this is an important matter for Parliament to decide, so we will have a free vote.
I will confine my remarks to reimbursement of staff, but I have concerns about elements in the report that misunderstands the particular difficulties that affect members who represent rural, remote and island communities.
On staff, the review's conclusions are, in my opinion, simply not supported by evidence and, sadly, do not stand up to scrutiny. Parliament was right to be deeply concerned to have an objective assessment of the workload of its members and, as a consequence, a transparent basis for assessing staff requirements and the appropriate level of remuneration. Accordingly, the remit called for, among other things, a review of the tasks that are expected of staff and the resources that are required. From the research that it commissioned and the review that it undertook, the review panel identified casework as being the only difference in workload, because
"the scale and complexity of the workload has grown … particularly for Constituency members. However, we did not receive or consider detailed evidence which enabled us to quantify this."
The panel makes an assertion, but admits immediately that it has no basis on which to quantify it.
Will the member give way?
Will the member give way?
Let me make this point.
I do not doubt for a moment that casework is, or could be, an issue, but I find it incredible that the review panel found no other material distinction between the work that is carried out by a constituency member and that which is done by a regional member. Casework is simply not the only issue, and calls for inquiries into it do not satisfy the substantive objections.
I accept that the inquiry was missing detailed information on that point, but I can give Ross Finnie an example. "The Code of Conduct for Members of the Scottish Parliament" states that regional MSPs should advise the constituency MSP when they take up local cases. From the information that I receive from the one Scottish National Party MSP who seems to concentrate on my constituency, it seems that his casework is much less than 5 per cent of the casework that I do weekly, monthly or annually.
I am sorry that Cathie Craigie is not listening. I have not disputed that casework is an issue; I am saying that casework is not the only issue in comparing the workload of a regional list member and a constituency member. The report makes no admission of that fact.
Curiously, having failed to produce the necessary evidence, the review panel simply ducked out and said that if Parliament disagreed with its recommendations, it should consider calling for more research—albeit not on the general issue of workload but only on the distribution of casework between constituency and list members.
Will the member give way?
No.
I thought that that was the review panel's remit, but it does not explain why, if it was so deficient in evidence, it did not pause for reflection and call for further evidence.
Despite neither receiving nor considering evidence to support its conclusion, the panel recommends staff support of £62,000 for constituency members and £45,000 for regional members—a differential of 27 per cent. However, that is not quite backed up by the report. The panel concedes that
"In terms of parliamentary duties … we see no distinction between the workload of a constituency Member or a regional Member."
Comparing our research and casework element alone produces a differential of 34 per cent. The Scottish Parliament information centre research, which splits the constituency casework research and the parliamentary research, shows that there is a differential of 57 per cent.
The review panel's conclusions in that regard are not just flawed but deeply divisive. On the flimsiest of evidence, the panel concludes that there is a differential in workload and invites an inference to be drawn that there are two classes of MSP. I am bound to say that I find that offensive and contrary to the principle that all members are equal unless someone can produce substantive evidence to demonstrate the contrary. Such evidence is not present in the report.
Sadly, the choices that are before Parliament are equally unsatisfactory. The motion on staff support provides for an uprated financial limit based on an unsubstantiated staff requirement, and Jackie Baillie's amendment would implement the report's flawed recommendation. Although Tricia Marwick's and Margo MacDonald's amendments have the merit of addressing the prejudice against regional members that is inherent in the original proposal, they fail to provide members with a robust basis for determining the appropriate level of staff support, which we all hoped the review would produce.
Tonight, it will be with a sad heart that I have to vote for any of the propositions. However, I will not support a proposition that, on the basis of no evidence, would class me as a second-class citizen.
Meeting suspended until 14:15.
On resuming—