Chamber and committees

The member may wish to contact the Commissioner directly on this matter by writing to The Scottish Parliamentary Standards Commissioner, The Scottish Parliament, Edinburgh, EH99 1SP.

This is not a matter for the SPCB. The Scottish Parliamentary Standards Commissioner operates independently of the SPCB in the exercise of his statutory functions.

This is not a matter for the SPCB. The Scottish Parliamentary Standards Commissioner operates independently of the SPCB in the exercise of his statutory functions.

In terms of section 9(3) of the 2002 act where the Commissioner concludes that a member has breached a provision, before sending the report to the Standards and Public Appointments Committee, a member must be given a copy of the Commissioner’s draft and may make representations which, if the are not given effect to in the report, will be annexed to it. The Standards and Public Appointments Committee cannot alter or amend a Commissioner’s report after it is received but in terms of the Code of Conduct (paragraph10.2.31) it will ask the member who is subject to the complaint to confirm in writing whether he/she agrees with the Commissioner’s findings in fact or conclusion. It will also ask if the member wishes to make representations to the committee.

The committee considers the report provided and any representation from the member before deciding if it agrees with the Commissioner’s findings in fact and conclusion. It can also carry out its own investigation or refer matters back to the Commissioner for further investigation. Further, Section 10 of the 2002 act specifically provides that the Parliament is not bound by the facts found or the conclusions reached by the Commissioner. There are ample opportunities for factual errors to be brought to the attention of the Committee before it concludes its deliberations. To that extent, the ability to comment on factual errors in an initial draft adds little to the overall process.

For the reasons set out in relation to the earlier linked question number S2W-22792, we are satisfied that there is no breach of the European Convention on Human Rights or Scots Law.

The Commissioner’s role under the 2002 Act is confined to initial investigation. It is for the Standards and Public Appointments Committee in terms of the Standing Orders of the Parliament and the Code of Conduct for Members to determine whether a complaint should be upheld and to recommend sanctions. The Parliament ultimately decides whether those sanctions should be imposed. While every effort is made to check factual matters in determining whether a complaint is admissible, no rights are conferred on a complainer to have a particular complaint investigated. Questions about the lack of appeal procedures are only therefore relevant in connection with members. However, the lack of an appeal in respect of the Commissioner’s report cannot be said of itself to be determinative of a Member’s civil rights and obligations. Article 6 ECHR rights are not directly engaged with regard to these procedures. The Scottish Parliamentary Corporate Body is satisfied therefore that the lack of an appeal procedure for reports by the Commissioner does not breach the European convention on Human Rights or Scots Law.

On receipt of the final report, and subject to normal quality procedures, we will put in place a timescale for publishing this research, which we envisage will be published later this spring.

Number of Patients Registered with an NHS General Dentist at 31 March 2005

Sources: MIDAS (Management Information and Dental Accounting System), GROS (General Register Office for Scotland).

Note: 1. Based on mid-year 2004 population figures.