Meeting of the Parliament

Meeting date: Wednesday, November 1, 2017

Official Report 883KB pdf

Lobbying (Scotland) Act 2016 (Reporting Procedures) Resolution 2017

The next item of business is consideration of motion S5M-07795, in the name of Clare Adamson, on behalf of the Standards, Procedures and Public Appointments Committee, on the Lobbying (Scotland) Act 2016 (Reporting Procedures) Resolution 2017.

Earlier this year, Parliament approved new standing orders to prepare the way for the implementation of the Lobbying (Scotland) Act 2016. Those allow the Parliament to confirm details of the operation of the act via lobbying resolutions. The committee is seeking Parliament’s agreement to a resolution that sets out the specific arrangements for the Commissioner for Ethical Standards in Public Life in Scotland when the commissioner makes a report to the Parliament under the act following their investigation of a complaint.

First, the resolution provides that the commissioner’s reports are to be made in writing, which includes in electronic form. Secondly, it specifies arrangements for Parliament’s consideration of the commissioner’s reports, including that they are to be referred to the Standards, Procedures and Public Appointments Committee. Finally, the resolution sets out new procedures for the Parliament to exercise its power of censure under the act. That would involve the Parliament responding to a motion of the committee to censure a person who is the subject of a commissioner’s report and who is found to be in breach of the act.

On behalf of the Standards, Procedures and Public Appointments Committee, I move,

That the Parliament, in exercise of the power conferred by section 41 of the Lobbying (Scotland) Act 2016 (“the 2016 Act”) makes The Lobbying (Scotland) Act 2016 (Reporting Procedures) Resolution 2017 and—

(a) resolves that with effect from the day after this resolution is made the provisions which are contained in paragraphs 1 to 4 of this resolution shall come into force; and

(b) notes that in accordance with section 48(1) of the 2016 Act the Parliament has consulted the Scottish Ministers.

ANNEXE

SCOTTISH PARLIAMENT

LOBBYING (SCOTLAND) ACT 2016 (REPORTING PROCEDURES) RESOLUTION 2017

Made 2017

Coming into force in accordance with paragraph (a)

That the Parliament –

(a) in exercise of the power conferred by section 41 of the Lobbying (Scotland) Act 2016 (“the 2016 Act”) resolves that with effect from the day after this resolution is made the provisions which are contained in paragraphs 1 to 4 of this resolution shall come into force; and

(b) notes that in accordance with section 48(1) of the 2016 Act the Parliament has consulted the Scottish Ministers.

1. Citation

This resolution may be cited as the Lobbying (Scotland) Act 2016 (Reporting Procedures) Resolution 2017.

2. Reports by the Commissioner for Ethical Standards in Public Life in Scotland

A report to the Parliament by the Commissioner for Ethical Standards in Public Life in Scotland under Part 3 of the 2016 Act must be made in writing.

3. Parliament’s consideration of report

(1) A report made in accordance with paragraph 2 shall be referred to the committee mentioned in Rule 6.4 of the Parliament’s Standing Orders (“the Committee”) for consideration.

(2) Following consideration, the Committee shall, where appropriate, report to the Parliament, with its recommendations.

4. Exercise of power of censure

Where the Committee recommends censure of any person who is the subject of a report, such censure may only be imposed by the Parliament:

(a) in pursuance of a motion to that effect by a member of the Committee, and

(b) after notice of that motion has been given to the Parliament by a member of the Committee.

EXPLANATORY NOTE

(This note is not part of the Resolution)

The Lobbying (Scotland) Act 2016 (“the Act”) establishes a registration regime for “regulated lobbying”, as defined in the Act. In doing so it makes provision for a lobbying register which is to be operated by the Clerk of the Scottish Parliament (“the Clerk”). The Clerk along with the Commissioner for Ethical Standards in Public Life in Scotland (“the Commissioner”) have responsibilities for oversight and enforcement of the Act. The Act sets out various reporting obligations on the Commissioner, and section 41 requires the Parliament, by resolution, to make provision about procedures to be followed when the Commissioner submits a report to the Parliament under Part 3 (Oversight and Enforcement) of the Act. This Resolution makes provision in that regard.

Paragraph 2 provides that whenever the Commissioner reports to the Parliament under Part 3 of the Act then that report is to be made in writing.

“Writing”, for the purpose of the resolution, attracts the wording contained within the Interpretation and Legislative Reform (Scotland) Act 2010. It is stated there that “writing” includes typing, printing, lithography, photography and other modes of representing or reproducing words in a visible form; and that expressions referring to writing are to be construed accordingly. In consequence, a report by the Commissioner can, for example, be in electronic form.

Paragraph 3 makes provision for the Parliament’s consideration of a report made by the Commissioner under Part 3 of the Act. In the first instance, it is to be referred to the committee mentioned in Rule 6.4 of the Parliament’s Standing Orders (currently, the Standards, Procedures and Public Appointments Committee). That committee will then consider the relevant report. This might involve, for example, simply noting the content. In other circumstances, the nature and content of the report is likely to require the committee to report to the Parliament, with its recommendations.

Paragraph 4 makes provision for those circumstances in which the committee, having considered a report from the Commissioner, recommends censure of the person who is the subject of that report. Censure may only be imposed by the Parliament itself, and not by the Standards, Procedures and Public Appointments Committee, or by any other committee of the Parliament. The process for censure requires a motion to that effect by a member of the Standards, Procedures and Public Appointments Committee.

Rule 8.4.1 of the Parliament’s Standing Orders provides that a motion can be amended (except as otherwise provided in the Standing Orders).

The question on the motion will be put at decision time.