SP Paper 805 (Web)
Contents
Report
Annexe A – Extract from Minutes
Annexe B - Report from the Commissioner for Ethical Standards in Public Life in Scotland
Remit and membership
Remit:
1. The remit of the Standards, Procedures and Public Appointments Committee is to consider and report on—
(a) the practice and procedures of the Parliament in relation to its business;
(b) whether a member’s conduct is in accordance with these Rules and any Code of Conduct for members, matters relating to members’ interests, and any other matters relating to the conduct of members in carrying out their Parliamentary duties;
(c) the adoption, amendment and application of any Code of Conduct for members; and
(d) matters relating to public appointments in Scotland.
2. Where the Committee considers it appropriate, it may by motion recommend that a member's rights and privileges be withdrawn to such extent and for such period as are specified in the motion.
(Standing Orders of the Scottish Parliament, Rule 6.4)
Membership:
Stewart Stevenson (Convener)
Mary Fee (Deputy Convener)
George Adam
Cameron Buchanan
Patricia Ferguson
Gil Paterson
Dave Thompson
Complaint against James Kelly MSP
Report
Introduction
1. The Committee met on 24 September and 1 October 2015 to consider a complaint from the Rt Hon Alex Salmond MSP about James Kelly MSP. The complaint is that James Kelly released a press statement on 22 March 2015 setting out details of a complaint he had made to “the Standards Commissioner” that Mr Salmond was in breach of the Code of Conduct for Members of the Scottish Parliament by failing to register details of earnings from publications.
2. The Commissioner for Ethical Standards in Public Life in Scotland investigated Mr Salmond’s complaint and found that, in disclosing to the press his intention to make a complaint, James Kelly was in breach of the relevant provisions of the Code of Conduct. The Commissioner’s full report is at annexe B.
3. The procedures followed by the Commissioner, and then the Committee, in considering complaints are set out in full in volume 3, section 9 of the Code of Conduct.[1]
Decisions of the Committee
4. The Committee is unanimous in the decisions reached on the complaint. Firstly, it agrees with the findings in fact and conclusions of the Commissioner. Secondly, it does not consider that the breach in question justifies any sanctions being imposed on James Kelly. In reaching the decision on sanctions, the Committee was mindful of the fact that James Kelly acknowledged that he had breached the Code, and stated that it was an inadvertent breach. Furthermore, he took personal responsibility for the breach and apologised for it.
Conclusion
5. The Committee takes all breaches of the Code seriously. The Rule covering disclosure is important because it allows investigations by the Commissioner and the Committee to be concluded in the absence of external partisan comment.
6. The Committee condemns, in particular, any breaches which risk causing reputational damage to another member in advance of a proper investigation.
7. It is the responsibility of every member to understand and conform to the Code. The Committee reminds James Kelly, and all other members, that members must not disclose, communicate or discuss any complaints or intention to make a complaint to or with members of the press or other media prior to the lodging of the complaint or during Stages 1 and 2 of the procedure for dealing with complaints (as set out in Volume 3, Guidance; Section 9).
8. The Committee has agreed that it will communicate with all members to draw their attention to the importance that the Committee places on this part of the Code of Conduct.
Annexe A – Extract from Minutes
14th Meeting, 2015 (Session 4), Thursday 24 September 2015
Decision on taking business in private: The Committee agreed to take items 4 and 5 in private.
Decision on taking business in private: The Committee agreed to take future consideration of a report from the Commissioner, and its own draft report on the complaint, in private at a future meeting. The Committee also agreed its consideration of Consolidation Bills should be taken in private at future meetings.
Complaint (in private): The Committee considered a report from the Commissioner for Ethical Standards in Public Life in Scotland.
16th Meeting, 2015 (Session 4), Thursday 1 October 2015
Complaint (in private): The Committee completed its initial consideration of a report from the Commissioner for Ethical Standards in Public Life in Scotland.
Complaint: The Committee announced its decision on a complaint in accordance with paragraph 9.40 of the Guidance to the Code of Conduct. The Convener announced that the Committee agreed to uphold the findings in fact and conclusions in the Commissioner for Ethical Standards in Public Life in Scotland's report, namely that James Kelly MSP had breached the Code of Conduct for MSPs. The Committee agreed that it did not wish to recommend any sanctions against James Kelly MSP.
Complaint (in private): The Committee considered and agreed its report on a complaint against James Kelly MSP.
Annexe B - Report from the Commissioner for Ethical Standards in Public Life in Scotland
Commissioner for Ethical Standards in Public Life in Scotland
CONDUCT of MEMBERS of the SCOTTISH PARLIAMENT
Report by the Commissioner for Ethical Standards in Public Life in Scotland
on complaint no. MSP/1738/15-16/02
Complainer:- Rt Hon Alex Salmond, MSP Respondent:- Mr James Kelly, MSP
25 August 2015
Commissioner for Ethical Standards in Public Life in Scotland
Thistle House, 91 Haymarket Terrace, Edinburgh EH12 5HE T: 0300 011 0550 E: [email protected] W: http://www.ethicalstandards.org.uk
CONTENTS
1.0 Introduction
2.0 Complaint
3.0 Response
4.0 Admissibility of the complaint and subsequent proceedings
5.0 Draft Report
6.0 Findings and Conclusion
Appendix 1 The Complaint
Appendix 2 The Response
Appendix 3 Complaint dated 20 March 2015 submitted by Mr James Kelly MSP
Appendix 4 Statement by Mr James Kelly MSP
Appendix 5 Response to the Draft Report
CONDUCT of MEMBERS of the SCOTTISH PARLIAMENT
Report on complaint no. MSP/1738/15-16/02 to the Scottish Parliament
Complainer: - Rt Hon Alex Salmond, MSP
Respondent: - Mr James Kelly MSP
1.0 Introduction
1.1 The Code of Conduct for Members of the Scottish Parliament (“the Code”) has been approved by the Scottish Parliament under its Standing Orders to provide a set of principles and standards for its Members.
1.2 Other relevant provisions relating to the conduct of MSPs include: the Scotland Act 1998 - “the 1998 Act”; The Scotland Act 2012 – “the 2012 Act”; and The Interests of Members of the Scottish Parliament Act 2006, (“the 2006 Act”).
1.3 For the purpose of considering this complaint, the relevant provision is paragraph 9.1.2 of Volume 2 of the Code. The relevant edition of the Code is edition 5 which was approved by the Parliament in April 2011.
1.4 Paragraph 9.1.2 is in the following terms:-
CODE OF CONDUCT FOR MSPS VOLUME 2
Section 9 Enforcement of the Rules
Disclosure
9.1.2 Members must not disclose, communicate or discuss any complaint or intention to make a complaint to or with members of the press or other media prior to the lodging of the complaint or during Stages 1 and 2 of the procedure for dealing with complaints (this procedure is set out in Volume 3, Guidance; Section 9).
1.5 The investigation of the complaint has been undertaken in terms of the Scottish Parliamentary Standards Commissioner Act 2002 (“the 2002 Act”) and the Directions by the Standards Procedures and Public Appointments Committee dated 1 March 2012.
1.6 This Report falls to be submitted to the Parliament in terms of section 9 of the 2002 Act.
2.0 Complaint
2.1 The complainer (“the complainer”) is the Rt Hon Alex Salmond MSP and his complaint is about Mr James Kelly MSP (“the respondent”).
2.2 Mr Kelly is the MSP for Rutherglen and is a member of the Scottish Labour Party.
2.3 The complaint alleges that the respondent released a press statement on 22 March 2015 setting out details of an allegation referred by Mr Kelly to “the Standards Commissioner” to the effect that Mr Salmond was in breach of the Code by virtue of his supposed failure to register details of earnings from publications.
2.4 The present complaint was made by email on 7 April 2015. The email and attachment were followed by hard copies received on 10 April. These are attached as Appendix 1.
3.0 Response
3.1 The respondent did not respond to my initial notification of the complaint but submitted a response by email dated 21 May 2015 which is attached as Appendix 2. He made no comment at that time.
4.0 Admissibility of the complaint and subsequent proceedings
4.1 The complaint was clearly stated and referred to supporting information. This information appeared to be a press release incorporating quotations from Mr Kelly. The quotations referred to a complaint which Mr Kelly had submitted to “the Standards Commissioner” alleging a failure by Mr Salmond to register income from newspaper columns and advance payments from a publisher.
4.2 I had a complaint from Mr Kelly, dated 20 March and received on that day, essentially in the terms outlined in the press release. A copy of that complaint is attached as Appendix 3.
4.3 Stage 1 of the investigation of a complaint requires an assessment of admissibility. In assessing admissibility, the key tests are whether the complaint is relevant, whether the complaint meets the requirements for form, content and execution and whether the complaint warrants further investigation if it appears after an initial investigation that the evidence is sufficient to suggest that the conduct complained about may have taken place.
4.4 I invited the respondent to attend for interview on 10 July 2015. At interview, Mr Kelly read out a statement accepting responsibility for the issue of the press release as alleged and indicating that, at that time, he had been unaware of the terms of paragraph 9.1.2 of volume 2 of the Code. Mr Kelly’s statement is attached as Appendix 4.
4.5 The respondent’s statement enabled me to find that the complaint was admissible. I wrote on 10 July to the complainer, the respondent and to the SPPA Committee to that effect.
4.6 In the light of Mr Kelly’s acceptance of responsibility, I determined that no further investigation would be required.
4.7 I therefore proceeded to conclude Stage 2 of the investigation into the complaint in order to report to the Parliament on whether or not I considered that a breach of the Code of Conduct had taken place.
5.0 Draft Report
5.1 Following the investigation I submitted my draft Report to the respondent on 31 July 2015 and invited his representations.
5.2 He replied by email on 20 August 2015 and his email and my reply are set out as Appendix 5.
6.0 Findings and conclusion
Findings
6.1 Having completed the investigation in this case and considered the respondent’s representations, I have found that the material facts are:-
(i) the respondent, Mr James Kelly, was first elected as a Member of the Scottish Parliament on 3 May 2007 and has been an MSP since that date. He currently represents the constituency of Rutherglen;
(ii) by letter dated 20 March 2015, Mr Kelly submitted a complaint to me alleging that Mr Salmond had failed to register income received in respect of certain publications;
(iii) on 22 March 2015 a press release issued by the Scottish Labour Press Office included quotations attributed to the respondent which stated:
“Alex Salmond is currently doing the rounds to drum up interest for his book, but he should remember his first job is as an MSP and his first responsibility is to his constituents, not his publishers.
“Mr Salmond has failed to declare his outside earnings since stepping down as First Minster. Working people across Scotland find their pay packets aren’t stretching far enough to cover the bills; meanwhile Mr Salmond appears to be getting so many different wages he doesn't have time to declare them.
“I have asked the Standards Commissioner to investigate this failure from the former First Minister. We need to rebuild trust in politics. That is why a UK Labour Government will ban MPs from having paid directorships or consultancies, and a Scottish Labour Government will do the same for MSPs";
(iv) the respondent has accepted responsibility for the press release and for the statements attributed to him.
Conclusion
6.2 I have concluded that the respondent thereby breached paragraph 9.1.2 of Volume 2 of the Code by disclosing or communicating to the press his intention to make a complaint.
Bill Thomson
Commissioner
25 August 2015
APPENDIX 1, MSP/1738
From:
To:
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[email protected]
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Subject:
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Letter from Alex Salmond MSP
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Date:
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07 April 2015 12:19:40
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Attachments:
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07.04.15standardscommissioner.pdf
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Good afternoon,
Please find attached a letter from Alex Salmond MSP, a hard copy will follow in the post. Please also find below the press release which Mr Salmond refers to in his letter.
Best wishes,
Parliamentary Assistant | Rt Hon Alex Salmond MSP 84 North Street, Inverurie, Aberdeenshire, AB51 4QX | 01467 670070
Forwarded message
From: Scottish Labour Press Office <[email protected]>
Date: 22 Mar 2015 16:18
Subject: Scottish Labour call for investigation into Alex Salmond’s outside earnings To: Scottish Labour Press Office <[email protected]> Cc:
SCOTTISH LABOUR CALL FOR INVESTIGATION INTO ALEX SALMOND’S OUTSIDE EARNINGS
Scottish Labour has called for an investigation into Alex Salmond’s outside earnings since stepping down as First Minister.
Mr Salmond has failed to declare his interests as a columnist for the Courier newspaper, despite starting work for them on January 12th.
The former First Minister has not yet declared any advance payments for his recently published book, or for its serialisation in the Scottish Sun newspaper.
Under Parliamentary rules, every MSP has to update their register of interests within 30 days of acquiring a new interest outside of politics.
Scottish Labour’s Parliamentary Business Manager James Kelly has written to the Standards Commissioner calling for an investigation.
Scottish Labour Parliamentary Business Manager James Kelly said:
“Alex Salmond is currently doing the rounds to drum up interest for his book, but he should remember his first job is as an MSP and his first responsibility is to his constituents, not his publishers.
“Mr Salmond has failed to declare his outside earnings since stepping down as First Minster. Working people across Scotland find their pay packets aren’t stretching far enough to cover the bills; meanwhile Mr Salmond appears to be getting so many different wages he doesn't have time to declare them.
“I have asked the Standards Commissioner to investigate this failure from the former First Minister. We need to rebuild trust in politics. That is why a UK Labour Government will ban MPs from having paid directorships or consultancies, and a Scottish Labour Government will do the same for MSPs."
ENDS
Notes
Contact –
Find attached James Kelly’s letter to the Standards Commissioner
For latest news and information about all aspects of Parliamentary business, MSPs and our work, visit the Parliament's website at www.scottish.parliament.uk
For information about how you can visit the Parliament, go to www.scottish.parliament.uk/visit
Watch Parliamentary business live at www.scottishparliament.tv or read the Official
Report at www.scottish.parliament.uk/OfficialReport
Faodar pàirt a ghabhail ann am Pàrlamaid na h-Alba tron Ghàidhlig. Tha barrachd fiosrachaidh ri fhaighinn sa phlana Ghàidhlig againn aig www.scottish.parliament.uk/PlanaGàidhlig
The information in this e-mail transmission and any files or attachments transmitted with it are strictly confidential and may contain privileged information. It is intended solely for the person or organisation to whom it is addressed and if you are not the intended recipient, you must not copy, distribute, disclose or take any action in reliance on it. If you have received this e-mail in error, please delete it from your computer system and notify the sender as soon as possible.
While this e-mail message and attachments have been swept by the content filter software for the presence of computer viruses, the Scottish Parliamentary Corporate Body does not guarantee that either are virus-free and accepts no liability for damage sustained as a result of a virus. It is the recipient's responsibility to ensure that the onward transmission, opening or use of this message and any attachments will not adversely affect their systems or data or otherwise incur liability in law.
RT HON ALEX SALMOND MSP
ABERDEENSHIRE EAST
Mr Bill Thomson
Commissioner for E thical Standards in Public Life
Thistle House
91 Haymarket Terrace
Edinburgh
EH12 SHE
Our Ref: AS/ AP /
7th April 2015
Dear Mr Thomson,
Complaint against Mr James Kelly MSP
Thank you for your letter of 2 April advising me that the complaint by Mr Kelly against my supposed non declaration of interests has been dismissed.
During my preparation to answer your questions on the matter, disturbing evidence emerged of a possible breach of the standards code of conduct. I would therefore lodge a formal complaint against Mr Kelly MSP for a possible breach of Section 9 clause 9.1.2 on disclosure and communication.
I enclose as evidence a statement released by Mr Kelly dated 22nd March .which seems to be in contravention of the code, although this is, of course, a matter for your office to judge. The statement was covered in full or part by two newspapers to my knowledge. I can send the cuttings if required although the degree of press coverage may or may not be relevant to the disclosure rule itself.
Of course I will abide by the Code and will make no media comment or communication whatsoever on this complaint against Mr Kelly until such time as the process is completed.
However, I assume that I should, in courtesy, send a copy of this letter to Mr Kelly, his party leader in the Parliament and the Presiding Officer. Perhaps your office could confirm that this is the correct procedure.
With very best wishes,
Alex Salmond MSP
APPENDIX 2, MSP/1738
From:
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[email protected]
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To:
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[email protected]
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Subject:
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FAO Bill Thomson - Standards Commissioner
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Date:
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21 May 2015 10:40:28
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Attachments:
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Dear Mr Thomson
I refer to correspondence received in relation to a complaint by Rt Hon Alex Salmond MSP and acknowledge receipt of correspondence.
In response, I have no comment to make at this time.
James
James Kelly MSP for Rutherglen
Parliament - 0131 348 6510
Constituency Office - 0141 647 0707
For latest news and information about all aspects of Parliamentary business, MSPs and our work, visit the Parliament's website at www.scottish.parliament.uk
For information about how you can visit the Parliament, go to www.scottish.parliament.uk/visit
Watch Parliamentary business live at www.scottishparliament.tv or read the Official
Report at www.scottish.parliament.uk/OfficialReport
Faodar pàirt a ghabhail ann am Pàrlamaid na h-Alba tron Ghàidhlig. Tha barrachd fiosrachaidh ri fhaighinn sa phlana Ghàidhlig againn aig www.scottish.parliament.uk/PlanaGàidhlig
The information in this e-mail transmission and any files or attachments transmitted with it are strictly confidential and may contain privileged information. It is intended solely for the person or organisation to whom it is addressed and if you are not the intended recipient, you must not copy, distribute, disclose or take any action in reliance on it. If you have received this e-mail in error, please delete it from your computer system and notify the sender as soon as possible.
While this e-mail message and attachments have been swept by the content filter software for the presence of computer viruses, the Scottish Parliamentary Corporate Body does not guarantee that either are virus-free and accepts no liability for damage sustained as a result of a virus. It is the recipient's responsibility to ensure that the onward transmission, opening or use of this message and any attachments will not adversely affect their systems or data or otherwise incur liability in law.
APPENDIX 3, MSP/1738
James Kelly MSP
Working for the communities of Rutherglen, Cambuslang and Blantyre
Mr Bill Thomson
Commissioner for Ethical Standards in Public Life
Thistle House
91 Haymarket Terrace
Edinburgh
EH I25HE
[email protected]
20 March 2015
Dear Mr Thomson,
I am writing to formally raise a complaint in respect of Alex Salmond MSP for contravening the Members Interest Act.
Since Monday 12 January 2015 Mr Salmond has been writing columns for the Courier newspaper and has failed to declare this additional income stream on his register of interests. The following link confirms the date Mr Salmond commenced with his work with the Courier:
http://www.thecourier.co.uklnews/politics/alex-salmond-your-new-coUl·ier-columnist-1.775442
You will of course be aware that the Members Interests Act requires that any updates to the register must be made within 30 calendars days of acquiring the new interest.
Moreover, I note there are no declarations on Mr Salmond's register of interests indicating additional income from advance payment received for his recent book nor details of payment received for the seriali sation of the book in the Sun newspaper.
I would be grateful if you would review the matter raised and investigate this very serious breach of the clear guidelines as set out by legislation.
Yours sincerely,
James Kelly MSP
Member of the Scottish Parliament for Rutherglen
APPENDIX 4, MSP/1738
I note terms of the complaint.
On March 22nd I did write to Commissioner for Ethical Standards in Public Life calling for an investigation into the matter of Mr Salmond's earnings and whether these had been appropriately declared.
I lodged this information on the morning of 22nd March and received confirmation from Standards commissioner's office.
I acknowledge that later that afternoon Scottish Labour issued a press statement in my name to the Mail on Sunday calling for an investigation into Mr Salmond's earnings and referencing the complaint that I had lodged with the standards commissioner.
I note section 9.1.2 of code stating that no complaint should be discussed with the media, either prior to lodging or during stages 1 and 2 of the process.
To be clear, I did not discuss this complaint with media prior to lodging.
However, it is clear that I have made media comment prior to stages 1 and 2 of the procedure. I did so without knowledge of section 9.1.2.
Clearly this was an error on my part for which I take full responsibly and apologise.
James Kelly
APPENDIX 5 , MSP/1738
From:
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[email protected]
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To:
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[email protected]
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Subject:
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MSP/1738
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Date:
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20 August 2015 15:43:59
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Attachments:
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Thank you for sight of the draft report in relation to the above issue. I confirm that I have no issues to raise in relation to the draft report.
James
James Kelly MSP for Rutherglen
Parliament - 0131 348 6510
Constituency Office - 0141 647 0707
For latest news and information about all aspects of Parliamentary business, MSPs and our work, visit the Parliament's website at www.scottish.parliament.uk
For information about how you can visit the Parliament, go to www.scottish.parliament.uk/visit
Watch Parliamentary business live at www.scottishparliament.tv or read the Official
Report at www.scottish.parliament.uk/OfficialReport
Faodar pàirt a ghabhail ann am Pàrlamaid na h-Alba tron Ghàidhlig. Tha barrachd fiosrachaidh ri fhaighinn sa phlana Ghàidhlig againn aig www.scottish.parliament.uk/PlanaGàidhlig
The information in this e-mail transmission and any files or attachments transmitted with it are strictly confidential and may contain privileged information. It is intended solely for the person or organisation to whom it is addressed and if you are not the intended recipient, you must not copy, distribute, disclose or take any action in reliance on it. If you have received this e-mail in error, please delete it from your computer system and notify the sender as soon as possible.
While this e-mail message and attachments have been swept by the content filter software for the presence of computer viruses, the Scottish Parliamentary Corporate Body does not guarantee that either are virus-free and accepts no liability for damage sustained as a result of a virus. It is the recipient's responsibility to ensure that the onward transmission, opening or use of this message and any attachments will not adversely affect their systems or data or otherwise incur liability in law.
Commissioner for Ethical Standards
in Public Life in Scotland
CONFIDENTIAL
Mr James Kelly MSP
The Scottish Parliament
Reference: MSP/1738/15-16/02
Edinburgh
EH99 1SP
25 August 2015
Dear Mr Kelly
Public Standards
Code of Conduct for Members of the Scottish Parliament
COMPLAINT BY RT HON ALEX SALMOND MSP
Thank you for your email of 20 August 2015. I note you have no comments on the draft Report. Consequently I have not amended the draft Report other than to note the terms of your email and this response.
I now write to confirm that I have dispatched the Final Report on the complaint to the Joint Clerk of the Standards, Procedures and Public Appointments Committee of the Parliament.
I enclose a copy of the Report for your information. I will also send you a copy electronically.
I would confirm that I will also notify the complainer of this development but will not provide him with the report.
Yours sincerely
Bill Thomson
Commissioner
Enc: Report (including 5 appendices)
Covering letter to Joint Clerk to SPPA Committee
Commissioner for Ethical Standards in Public Life in Scotland
Thistle House, 91 Haymarket Terrace, Edinburgh EH12 5HE
T: 0300 011 0550 E: [email protected] W: http://www.ethicalstandards.org.uk
E.7. 16-06-11
Any links to external websites in this report were working correctly at the time of publication. However, the Scottish Parliament cannot accept responsibility for content on external websites.
Footnotes:
1 Code of Conduct for MSPs - Volume 3, Section 9: Enforcement of the Rules
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