The Scottish Parliament: - Code of Conduct for MSPs

(a) advocate or initiate any cause or matter on behalf of any person; or
(b) urge any other member to advocate or initiate any cause or matter on behalf of any person.

(2) For the purposes of subsection (1)—

(a) “any means” shall be construed as the doing of anything by a member in the
capacity of a member, whether or not in any proceedings of the Parliament; and
(b) “any payment or benefit in kind” means any payment or benefit in kind––

(i) which the member receives and which may reasonably be considered, after taking into account all the circumstances, to result in some benefit to that member, other than a vote for that member in any election to the Parliament; or
(ii) which the member’s spouse, civil partner or cohabitant receives and which may reasonably be considered, after taking into account all the circumstances, to be provided in connection with the Parliamentary duties of the member and to result in some benefit to that member.

(3) Subsection (1) shall not prevent a member receiving assistance in connection with any of the following matters––

(a) the preparation of a Member’s Bill or of any amendment to a Bill, or any other matter relating to a Bill (whether before, during or after its passage in the Parliament and before it is submitted for Royal Assent); or
(b) a debate upon subordinate legislation (whether before or after its making); or
(c) a legislative consent motion.

4.1.1 Paid advocacy is not permitted.

4.1.2 Section 14 of the Act sets out both what constitutes paid advocacy and is, therefore, forbidden and what assistance to a member is permitted.

4.1.3 Unlike the provisions of the Act relating to the registration and declaration of interests (which are designed to ensure transparency and do not inhibit members’ participation in the proceedings of the Parliament), the provisions of the Act relating to paid advocacy provide that a member may not, in consideration of any payment or benefit in kind, advocate or initiate any cause, or matter, on behalf of any person or urge any other member to advocate or initiate any cause, or matter, on behalf of any person.

4.1.4 “Any payment or benefit in kind” means any payment or benefit in kind which the member receives and which may reasonably be considered to result in some benefit for that member (except a vote for that member in an election to the Parliament). This also includes any payments or benefit in kind which the member’s spouse, civil partner or cohabitant receives and which may reasonably be considered to be provided in connection with the Parliamentary duties of that member and to benefit that member in some way.

4.1.5 Section 14(3) of the Act describes the kinds of assistance which members may receive without being in breach of the paid advocacy provisions. Those provisions do not apply to assistance provided to a member in the preparation of a Member’s Bill, or assistance with amendments to any Bill, or a debate on subordinate legislation or a legislative consent motion (formerly known as a Sewel motion).

4.2 Sanctions and offences for failure to comply with the rule on paid advocacy

4.2.1 Failure to comply with the paid advocacy rule may result in the Parliament excluding a member from proceedings for such period as it considers appropriate (section 16 of the Act). A member may also be guilty of a criminal offence in terms of section 17 of the Act. A member found guilty of such an offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale (currently £5,000).

SECTION 5: LOBBYING AND ACCESS TO MSPs

5.1: Rules

5.1.1 A member should not, in relation to contact with any person or organisation who lobbies, do anything which contravenes this Code of Conduct or any other relevant rule of the Parliament or any statutory provision.

5.1.2 A member should not, in relation to contact with any person or organisation who lobbies, act in any way which could bring discredit upon the Parliament.

5.1.3 The public must be assured that no person or organisation will gain better access to, or treatment by, any member as a result of employing a commercial lobbyist either as a representative or to provide strategic advice. In particular, a member should not offer or accord preferential access or treatment to commercial lobbyists or their employers. Nor should commercial lobbyists or their employers be given to understand that preferential access or treatment might be forthcoming from another MSP or group or person within or connected with the Parliament.

5.1.4 Before taking any action as a result of being lobbied, a member should seek to satisfy him or herself about the identity of the person or organisation who is lobbying and the motive for lobbying. A member may choose to act in response to a commercial lobbyist but it is important that an MSP knows the basis on which he or she is being lobbied in order to ensure that any action the member takes complies with the standards set out in this Code.

5.1.5 In addition, members should:

consider whether a meeting with one group which is making representations on an issue should be balanced by offering another group with different views an opportunity to make representations;
consider keeping a record of all contacts with lobbyists;
consider arranging for an assistant or researcher to take notes at any meetings with lobbyists.

5.1.6 The section of the Code on General Conduct (Section 7) sets out the standards expected in relation to acceptance of hospitality, gifts and benefits. In addition to this and the statutory provisions in the Interests of Members of the Scottish Parliament Act 2006, Members:

should not accept any paid work which would involve them lobbying on behalf of any person or organisation or any clients of a person or organisation.
should not accept any paid work to provide services as a Parliamentary strategist, adviser or consultant, for example, advising on Parliamentary affairs or on how to influence the Parliament and its members. (This does not prohibit a member from being remunerated for activity, which may arise because of, or relate to, membership of the Parliament, such as journalism or broadcasting, involving political comment or involvement in representative or presentational work, such as participation in delegations, conferences or other events.)
should decline all but the most insignificant or incidental hospitality, benefit or gift if the member is aware that it is offered by a commercial lobbyist. Section 7 of the Code on General Conduct states that a member should not accept any offer that might reasonably be thought to influence his or her judgement in carrying out Parliamentary duties. Since the basis on which many people believe that commercial lobbyists sell their services is by claiming to provide clients with influence over decision-makers, it might reasonably be thought that acceptance of a benefit of any significance from such a source could influence a member’s judgement in carrying out Parliamentary duties.
(If a member only becomes aware of its source after receiving hospitality, a benefit or gift, then he or she should consider reimbursing the costs of any hospitality or benefit or returning any gift.)

5.1.7 Members may participate in events for which others are charged a fee to attend. Participation, for example, in a conference or seminar for which delegates are charged a fee may be a useful means of a member gathering a range of views on a topic. There could be some concern, however, that events falling into this category could be a means of “buying” access to MSPs. It is important that there should be no grounds for such a perception. No preferential treatment should, therefore, be offered or accorded any person or organisation as a result of having made initial contact with a member at such an event.

5.1.8 Members should not participate in any event if they are aware, or become aware, that the organisers are promoting the event on the basis that those paying to attend the event are “buying” influence over MSPs or that they can expect to receive better subsequent access to, or treatment by MSPs, than would be accorded to any other person or organisation.

5.1.9 Members should ensure that staff working for them are aware of and apply these rules and guidelines when acting on a member’s behalf or in any Parliamentary connection.

5.2: Failure to Comply with the Code in relation to contacts with lobbyists

5.2.1 Failure to comply with or contravention of the rules in the Interests of Members of the Scottish Parliament Act 2006 in relation to contacts with any person or organisation who seeks to lobby him or her may constitute a breach of the requirements of the Act or a criminal offence or could lead to sanctions being imposed on a member by the Parliament. In addition, behaviour by an MSP which falls short of the standards established in this Code could lead to penalties being imposed on a member by the Parliament. Enforcement of the rules in the Code is explained in Section 9.

SECTION 6: REGULATION OF CROSS-PARTY GROUPS

6.1: Introduction

6.1.1 Members of the Parliament may wish to be involved in Cross-Party Groups. Cross-Party Groups may (but do not necessarily have to) include people from outwith the Parliament.

6.1.2 Members involved in Cross-Party Groups must observe the rules on the establishment, registration and operation of Cross-Party Groups which are set out below.

6.2: Application for Recognition as a Cross-Party Group

6.2.1 A proposed group must apply to the Standards, Procedures and Public Appointments Committee for recognition as a Cross-Party Group in the Scottish Parliament. Any proposed group wishing to apply for recognition should contact the Standards clerks. The clerks should be provided with the name of an MSP to act as their contact point for a proposed group during the initial part of the application process until the Convener signs a declaration on compliance with the rules, as explained in paragraphs 6.5.1 to 6.5.4 of the Code.

6.2.2 A group should not meet, unless authorised to do so by the Standards, Procedures and Public Appointments Committee, between submitting its application to the Committee and being accorded recognition as a Cross-Party Group.

6.2.3 The Standards, Procedures and Public Appointments Committee will pay particular attention to information provided about a group’s purpose. If the Committee considers that a group is being formed not on grounds of public interest, but, say, to further particular commercial interests, it will not be recognised.

6.2.4 Only groups accorded recognition will be permitted to use the title of Cross-Party Group in the Scottish Parliament and have access to Parliamentary facilities.

6.3: Registration of Cross-Party Groups

6.3.1 Cross-Party Groups must register the following details:

name
purpose
elected officers
all members
financial or other benefits of £500 and over received in any calendar year from any single source
details of subscriptions, where charged
certain details in relation to any staff employed by a group.

6.3.2 Registration statements must be lodged with the Standards clerks not later than 30 calendar days after a group’s first meeting on a form obtainable from the clerk’s office. The form explains in detail what must be registered under the broad headings listed above. The Standards clerks must be informed of the proposed date of the first meeting of a group in advance of that meeting so that the 30-day deadline is clear.

6.3.3 For the purposes of its first meeting and for the 30 days thereafter a group will be given access to Parliamentary facilities on the same basis as a recognised Cross-Party Group to allow a group to establish itself and to elect its officers. During this period a group should refer to itself as a Proposed Cross-Party Group. The rules on operation of Cross-Party Groups must be complied with, to the extent that is possible, during this period.

6.3.4 Any MSP who is an elected officer of a group may make the initial registration or may notify a change to the initial registration, but each group must designate on the registration form an MSP who is an elected officer of a group to act as a main contact point for the group in relation to registration details. Initially this contact must be the member who signs the declaration, referred to in paragraph 6.5.1, on compliance with the rules on Cross-Party Groups.

6.3.5 Advice on the registration requirements should be sought in the first instance from the Standards clerks, but responsibility for compliance with the registration requirements rests with a group, and in particular with the MSP responsible for ensuring compliance with the rules (see Section 6.5). The Standards clerks will enter into the register the details provided but will not be in a position to ensure that groups’ details are compliant, nor to alert groups to deficiencies in their entries.

6.3.6 Any changes to the initial registration details must be notified in writing to the Standards clerks not later than 30 calendar days after the change occurring. This requirement includes notifying the clerks, not later than 30 calendar days after his or her departure from a group, of any MSP leaving the group. This is to ensure that the public are able to have a current view of MSPs’ membership of Cross-Party Groups.

6.3.7 Where a member gains personally from a benefit relating to the activity of a group, he or she should consider whether that benefit falls within the rules applicable to the registration of Members’ Interests, and should, therefore, also be included in the Register by the member concerned.

6.3.8 A group may re-register within 90 calendar days of the first meeting of the new Parliament after a general Scottish Parliamentary election, whether ordinary or extraordinary.

6.4: Operation of Cross-Party Groups

Purpose and membership

Rule 1	A group must be Parliamentary in character, and its purpose must be of genuine public interest.
Rule 2	A group’s membership must be open to all Members of the Parliament and must include at least 5 MSPs of which at least one member must be from each of the parties or groups represented in the Parliamentary Bureau. In circumstances where the Standards, Procedures and Public Appointments Committee considers it is merited in relation to a particular group, this rule may be modified or waived.
Rule 3	A group may contain members from outwith the Parliament, but the overall membership profile of a group must remain clearly Parliamentary in character, with attendance at group meetings compliant with Rule 8 below.
Rule 4	A group must elect its officers within 30 calendar days of its first meeting and every 12 months subsequently. At least two of the elected officers must be Members of the Parliament and one of these officers must be the Convener. Elections for office bearers must be announced at least ten calendar days in advance via the Cross-Party Group webpage (announcements should be sent to crosspartygroup@scottish.parliament.uk for web publication). The announcement must be made and the elections must take place at any time other than during a Parliamentary recess.

Cross-Party Group Meetings

Rule 5	Meetings of a group must be announced via the Cross-Party Group webpage at least seven calendar days before the meeting takes place. Members of the public, who are not registered members of a group, may be invited to speak but may not vote at any meeting. Attendance of non-members who are not MSPs is at the discretion of a group.
Rule 6	Any member of the Parliament may attend and speak at any meeting (including the Annual General Meeting) of a group, but only registered members may vote at any meeting. Where a group has registered members from outwith the Parliament, those members may attend, speak and vote at any meeting. Where members are charged a subscription, a group may decide that voting rights may be restricted to those members (MSPs or others) who are paid-up members of the group.
Rule 7	MSP members of Cross-Party Groups may wish to form a sub-group or groups of a Group, for example, to examine discrete areas within their agreed group purpose. Decisions made by a sub-group must be ratified at a future meeting of a Cross-Party Group. Sub-groups are not required to produce a separate annual return or hold a separate annual meeting.
Rule 8	To maintain and guarantee the Parliamentary nature of Cross-Party Group meetings, at least two MSP members of a group must be present at every meeting.

Documentation and finance

Rule 9

Where members are charged a subscription the cost to all members, both MSP and non-MSP, must be the same and must be reasonable.

Rule 10

Cross-Party Groups must hold an Annual General Meeting and submit an Annual Return Form. The Annual Return must include the following details:

a note of all membership changes in the last year;
a financial statement, including details of all donations or assistance of a value which exceeds £500;
the number of meetings held;
any additional information the group wishes to provide.

Rule 11

Cross-Party Groups are permitted to add links from the homepage of a Cross-Party Group to external websites. However, this is only permitted if the Convener of a group submits a signed agreement form (available on request from the Standards clerks).

Use of facilities

Rule 12

Cross-Party Groups may use, subject to availability, the meeting rooms of the Parliament and any members from outwith the Parliament may use, in connection with Cross-Party Group meetings, the restaurant and other facilities normally available to visitors as guests of an MSP and under the same conditions. Groups must observe the rules for the booking of rooms. (For booking of rooms and information about the rules on booking of rooms, please contact the Facilities Management Helpdesk.)

Rule 13

Cross-Party Groups must respect the limitations on the use of Parliamentary facilities:

MSPs, but not other members of Cross-Party Groups, may make reasonable use of the Parliament’s telephone, fax, photocopying, IT facilities and Parliamentary stationery in pursuit of Cross-Party Group business or where expressly permitted by these rules, for example, use of the Cross-Party Group Bulletin. Groups may not otherwise use the Parliament’s telephone, fax, photocopying, IT facilities and Parliamentary stationery other than where these are available for public use.
Groups may not make use of free postage facilities provided by the Parliament.

Groups may not make use of the Parliament’s audio or broadcasting equipment and there is no provision for the televising or sound recording of their proceedings (other than as may be provided for in the SPCB’s policy and in any SPCB terms and conditions on events).
Groups may not draw on the resources of the Parliamentary staff to service meetings, except in fulfilment of the requirements of these rules or where expressly permitted by them, for example, in order to book meeting rooms.

MSPs who are members of a Cross-Party Group may use the services of the Parliament's Information Centre to brief themselves on matters relating to that Group, but other members of the Group may not.

SPCB policies and miscellaneous

Rule 14	Cross-Party Groups may not make use of the Parliament logo (other than as may be provided for in the SPCB’s policy and in any SPCB terms and conditions on events).
Rule 15	Cross-Party Groups must conform with such other rules as may be laid down from time to time by the Standards, Procedures and Public Appointments Committee, the Parliament or the Scottish Parliamentary Corporate Body.
Rule 16	Cross-Party Groups must comply with the Scottish Parliament’s policy on events held in the Parliament.

6.5: Compliance with the Rules on Cross-Party Groups

6.5.1 The Convener of the group must sign a declaration no later than 30 calendar days after a group’s first meeting confirming that the group is constituted in compliance with, and will comply with, the rules on the operation of Cross-Party Groups. A declaration form will be provided by the Standards clerks together with the registration form.

6.5.2 While all MSPs who are members of a Cross-Party Group have a responsibility to ensure that the group conducts itself properly, the Convener, as signatory of the declaration form, will be held primarily responsible for ensuring that the group complies with the rules, including those on registration.

6.5.3 Once the declaration has been signed, the Convener will be regarded by the Standards clerks as the point of contact for the group on all matters relating to the rules on Cross-Party Groups.

6.5.4 If the Convener of the group changes, the Standards clerks must be informed of this within seven days and the new Convener of the group should, within that same timescale, sign the declaration on compliance with the rules.

6.6: Failure to comply with or Contravention of the Rules on
Cross-Party Groups

6.6.1 Failure to comply with, or contravention of, the rules on Cross-Party Groups could lead to withdrawal of recognition of a group or to sanctions being imposed on an individual member. Enforcement of the Rules in the Code is explained in Section 9.

SECTION 7: GENERAL CONDUCT AND CONDUCT IN THE CHAMBER OR IN COMMITTEE

7.1: Introduction

7.1.1 Members must comply with the requirements of this Code of Conduct, with the Standing Orders, with any other decision of the Parliament and with any statutory provision. The following provisions cover the general conduct of members.

7.2: General conduct

Duty as a representative

7.2.1 In representing people’s interests, members have a duty to respect individual privacy, unless there are overwhelming and lawful reasons in the wider public interest for disclosure to be made to a relevant authority, for example, where a member is made aware of criminal activity.

Relationships between MSPs

7.2.2 The Scottish Parliament consists of both constituency and regional list MSPs. All MSPs have equal formal and legal status. Guidance on the relationships between MSPs is included as Section 8.

Equal opportunities

7.2.3 The Scottish Parliamentary Corporate Body (SPCB) operates a comprehensive equal opportunities policy. It expects all staff to contribute proactively to the creation of a working environment in which everyone is treated with dignity and respect irrespective of their gender; gender identity; sexual orientation; racial or ethnic origin (which includes colour, race, nationality, national or ethnic origin); religion or belief, or similar philosophical belief (or lack of any of these); disability; age; trade union membership status/activities; marital status, and part-time or fixed-term contract status. Members and their staff must adhere to this policy in their dealings with all in the Parliament and behave appropriately.

Treatment of Parliamentary staff (including staff employed by contractors providing services to the Parliament, for example, catering and postal services)

7.2.4 Parliamentary staff will treat members with courtesy and respect. Members must show them the same consideration. Complaints from staff of bullying or harassment, including any allegation of sexual harassment, or any other inappropriate behaviour on the part of members will be taken seriously and investigated.

Treatment of other MSPs and of other MSPs’ staff

7.2.5 Members must treat other MSPs and the staff of other MSPs with courtesy and respect.

Allowances

7.2.6 No improper use should be made of any payment or allowance made to members for public purposes. Members must abide by the Reimbursement of Members’ Expenses Scheme agreed by the Parliament.

Acceptance of hospitality, gifts or other benefits

7.2.7 Over and above compliance with the statutory provisions, members should treat with caution any offer of hospitality, a gift, a favour or benefit. Members are not prohibited from accepting reasonable hospitality or modest tokens of goodwill, particularly where refusal could cause offence. But a member should not accept any offer that might reasonably be thought to influence his or her judgement in carrying out Parliamentary duties. The value of any benefit, its connection to a member’s Parliamentary duties, its source, the transparency of its receipt and the frequency of receipt of similar offers may all be factors which could be relevant to this judgement. (Members should also have regard to the standards in relation to acceptance of hospitality and gifts set out in the section of the Code on Lobbying and Access to MSPs at paragraph 5.1.6.)

7.2.8 Members should ensure that staff working for them are aware of, and apply, these standards when acting on a member’s behalf or in any Parliamentary connection.

Smoking

7.2.9 The SPCB is committed to providing a safe and healthy environment for all passholders and visitors. The SPCB operates a smoke-free policy. This has been developed to assist compliance with the Smoking, Health and Social Care (Scotland) Act 2005. Members may not smoke in any of the buildings in the Parliamentary campus. Members may smoke in the designated smoking area in the courtyard outside Queensberry House.

Alcohol

7.2.10 In relation to consumption of alcohol, members are reminded of the requirement in Standing Orders (see paragraph 7.3.1 below) to conduct their Parliamentary duties in an orderly manner; they should not engage in any activity as a member that would bring the Parliament into disrepute. Members are required to ensure that they, and guests to whom they provide hospitality in the course of their Parliamentary duties, so conduct themselves.

SPCB policy and procedures

7.2.11 The SPCB has statutory responsibility to provide the property, staff and services required for the Parliament’s purposes and is legally responsible for ensuring that, in doing so, it complies with the law. The SPCB accordingly puts in place policies and procedures for such reasons as the good governance of the organisation as a whole, compliance with legal requirements, the efficient and effective operation of the Parliament’s premises and facilities and the protection of services and facilities from misuse or the perception of misuse. Members must abide by the policies that are adopted by the SPCB.

7.2.12 Members are likely to become employers and to run offices etc. in their capacity as members. While Parliamentary staff may be able to assist members with guidance in regard to these responsibilities, it is the member’s responsibility to ensure compliance with the law relating to these responsibilities.

7.2.13 In particular, the SPCB’s Health and Safety Management System (HSMS) is continuously developed to ensure that it complies with legislative requirements and reflects current good health and safety management practice. Members must:

be aware of their responsibilities in terms of the Health and Safety at Work etc. Act 1974 and subordinate legislation;
be aware of the duty to cooperate and coordinate with other employers in pursuance of health and safety, set out in Regulation 11 of the Management of Health and Safety at Work Regulations 1999;
ensure their staff are aware of their responsibilities.

Official stationery and mail

7.2.14 Members are reminded that official stationery and mail is for use only as part of official Parliamentary business. It must not be used for any other purpose, including party political purposes.

7.3: Conduct in the Chamber or in Committee

7.3.1 Members must also consider their conduct within the Chamber or during committee meetings or other formal proceedings of the Parliament.

Rule 7.3.1 of the Standing Orders requires that:

“Members shall at all times conduct themselves in a courteous and respectful manner and shall respect the authority of the Presiding Officer.”

Rule 7.3.2 requires that:

“Members shall at all times conduct themselves in an orderly manner and, in particular, shall not conduct themselves in a manner which would constitute a criminal offence or contempt of court.”

7.3.2 In committees and sub-committees, Standing Orders require that members respect the authority of the convener.

7.3.3 In addition to conducting themselves in accordance with Rule 7.3 of Standing Orders, members are required to observe the following rules, based on those announced in Business Bulletin 5/99, governing their conduct during meetings in the Chamber and, as appropriate, in committee:

(a)	general: no behaviour that interferes with the conduct of proceedings.
(b)	entering or leaving: Members are requested to avoid walking across the floor and the Presiding Officer’s line of vision.
(c)	language and gestures: no abusive language or gestures likely to cause offence.
(d)	mobile phones: should be switched off.
(e)	pagers: the “sound” function should be switched off.
(f)	laptop and hand-held computers: should be switched off.
(g)	photography and filming: permission must be sought in advance.
(h)	smoking: is not allowed.
(i)	eating and drinking: no food, hot drinks or alcohol should be brought into the Chamber or committee.
(j)	reading of newspapers, magazines or journals: not allowed except where Members may wish to quote from articles.
(k)	painting/sketching: permission should be sought in advance from the Presiding Officer.
(l)	music or singing: not allowed unless authorised in advance.
(m)	Members should avoid loud or prolonged discussions which may distract other Members.

7.4: Confidentiality requirements

7.4.1 It is the intention of the Parliament that its proceedings and printed material be open to the general public. This should be the basis on which members work, but there may be times when members will be required to treat discussions, documents or other information relating to the Parliament in a confidential manner, as described in paragraph 7.4.2 below.

7.4.2 All drafts of committee reports should be kept confidential, unless the committee decides otherwise. In addition the following should be treated as confidential:

committee reports which, although agreed by the Committee and no longer in draft, have not yet been published;
briefing provided to members by Parliamentary staff for particular members’ information only;
documents produced during a private session of a Committee;
evidence submitted to a committee sitting in private from a witness which it has been agreed can be treated as confidential;
any other documents or information which the committee has agreed should be treated as confidential; and
minutes of private discussions.

7.4.3 Given the potential damage that the unauthorised disclosure of confidential committee material can do to the standing and integrity of a committee it is essential that all members respect these rules. This means that, unless the Parliament or the relevant committee has agreed otherwise, such documents should not be circulated, shown, or transmitted in any other way to members of the public (including those in Cross-Party Groups), media or to any member of any organisation outwith the Parliament, including the Scottish Executive, nor to other MSPs who are not members of the committee or committees for whom the material was intended.

7.4.4 It is unacceptable for members to provide the media with off the record briefings on the general contents or ‘line’ of draft committee reports or other confidential material or information. Disclosures of this kind can also seriously undermine and devalue the work of committees.

7.4.5 It is also unacceptable, unless the Parliament or the relevant committee has agreed otherwise, to disclose any information to which a member has privileged access, for example, derived from a confidential document or details of discussions or votes taken in private session, either orally or in writing.

7.4.6 In the case of other documents and information members are requested to exercise their judgement as to what should or should not be made available to outside bodies or individuals. In cases of doubt members should seek the advice of the relevant clerk.

7.4.7 Where a committee member wishes to express dissent from a committee report, he or she should only make this public once the committee report has been published in order to avoid disclosing the conclusions of a draft report.

7.5: Use of Services of Staff of the Parliament

7.5.1 Staff of the Parliament are employed by the SPCB to provide an impartial service to the Parliament and its members. Members should not ask Parliamentary staff to act in any way which would conflict with or call into question their political impartiality, or which could give rise to criticisms that people paid from public funds are being used for party political purposes.

7.5.2 Members should respect the confidentiality of advice, whether written or oral, received from clerks or other Parliamentary staff and should avoid attributing advice or views to a named member of staff.

7.6: Awareness of MSPs’ Staff

7.6.1 Members will be held responsible for the behaviour of their staff within the Parliamentary complex and in their dealings with other members, other members’ staff, and Parliamentary staff.

7.6.2 Members should be responsible for ensuring that their staff are fully aware of and understand such policies, rules and requirements that apply to the conduct of personnel on the SPCB’s premises.

7.7: Failure to comply with or contravention of the Rules on General Conduct

7.7.1 Failure to comply with or contravention of the Rules on general conduct, or behaviour which falls short of the standards established in this Code could lead to sanctions being imposed on a member by the Parliament. Enforcement of the Rules in the Code is explained in Volume 2, Section 9 and Volume 3, Section 9.

SECTION 8: ENGAGEMENT AND LIAISON WITH CONSTITUENTS

8.1 Dealing with individual constituents’ cases

8.1.1 Every constituent is represented by one constituency MSP and seven regional MSPs. It is expected that each member will take on a case when approached although it is recognised that there may be legitimate reasons for a member to decline a constituent’s case in certain circumstances, for example, where a constituent requests an MSP to take inappropriate action, or if that case seeks action which would represent a conflict of interest with existing casework or is contrary to the member’s political beliefs. If so, the member would ordinarily be expected to inform the constituent that the member is not taking up the case.

8.1.2 A constituent can approach any of the MSPs (whether a constituency MSP or one of the seven regional MSPs as the case may be) elected to represent them as all MSPs have equal formal and legal status.

8.1.3 In the event that a member is made aware that a constituent’s case is already being pursued by a constituency MSP or regional MSP, it is recommended that the member notifies that MSP. Whilst this is not a requirement of the Code of Conduct, adopting such an approach should avoid any duplication of case work or MSPs working at cross purposes thereby damaging a constituent’s case. Notification between members should only take place with the explicit consent of the constituent.

8.1.4 An MSP must not deal with a matter relating to a constituency case or constituency issue outwith his or her constituency or region (as the case may be) unless by prior agreement.

8.1.5 Regional MSPs have a responsibility to all those in the region for which they were elected. It is important therefore that they recognise this in the way in which they operate within the region and they must therefore work in more than two constituencies within their region. Regional MSPs would be expected to deal (as appropriate, having regard to paragraph 8.1.1) with any matter raised by any constituent within their region.

8.2 Describing Members

8.2.1 MSPs should not misrepresent the basis on which they were elected or the area they serve. Regional members and constituency members must describe themselves accurately so as not to confuse those with whom they deal.

Constituency members should always describe themselves as:

“[Name], Member of the Scottish Parliament for [x] constituency.”

Regional members should always describe themselves as:

“[Name], Member of the Scottish Parliament for [y] region.”

8.2.2 Regional members must not describe themselves as a “local” member for (or having a particular interest in) only part of the region for which they were elected. Constituency members should not describe themselves as the sole MSP for a particular area or constituency.

8.2.3 Further guidance may be issued by the Presiding Officer as appropriate in the context of a period prior to an election.

8.3 MSPs’ staff

8.3.1 Members must ensure that their staff in the Parliament and locally, and others working on their behalf with constituents and agencies, are aware of, and conform to, these rules.

8.4 Making a complaint

8.4.1 Any complaint against a member (including one about their staff or others working for them) in respect of this section should in the first instance be made to the Presiding Officer. Any complaint made under Section 8 of the Code of Conduct should meet the requirements set out in paragraph 9.1 of Volume 3 of the Code of Conduct for Members of the Scottish Parliament. A complaint which does not meet the requirements set out in paragraph 9.1 may be dismissed by the Presiding Officer as a ‘Procedurally Defective Complaint’.

8.4.2 In considering a complaint the Presiding Officer may contact the member(s) concerned to seek a response to the conduct complained about.

8.4.3 The Presiding Officer will, if necessary, contact the respective Party Business Manager in relation to a complaint.

8.4.4 Where the complaint cannot be resolved in this way, where the matter is of sufficient seriousness to warrant a more formal investigation, or where any MSP directly involved remains dissatisfied, the Presiding Officer will raise the matter with the Convener of the Standards, Procedures and Public Appointments Committee.

8.4.5 The Standards, Procedures and Public Appointments Committee would then consider the matter as it judges appropriate, in accordance with its procedures and its remit to consider and report on the conduct of members in carrying out their Parliamentary duties.

8.4.6 It is fundamental to the success of this section that the Standards, Procedures and Public Appointments Committee will, as a matter of course, treat all breaches of these rules with the utmost seriousness. Members should not raise complaints under Section 8 of the Code of Conduct in any way other than that described above (in particular via the media) to avoid any suggestion of prejudging the issue.

SECTION 9: ENFORCEMENT OF THE RULES

Complaints

9.1.1 Complaints, in relation to the conduct of members of the Scottish Parliament under the Code of Conduct for MSPs, are initially investigated by the Scottish Parliamentary Standards Commissioner (“the Standards Commissioner”). Exceptions to this procedure are set out below as ‘Excluded Complaints’.

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).

9.1.3 In relation to Excluded Complaints (which are not always subject to the four-stage process set out in the guidance notes), this restriction applies until the Standards, Procedures and Public Appointments Committee has confirmed that the Standards Commissioner will not be carrying out an investigation or, where such an investigation has been carried out, that the Standards Commissioner will not be carrying out any further investigation.

9.1.4 Where, during the period when the restriction in paragraph 9.1.2 applies, any complaint or intention to make a complaint has been publicised in the press or other media without the involvement of the member who is the subject of the complaint or intended complaint, that member may issue a brief statement. In doing so, the member must, so far as possible, avoid discussing details of the complaint or intended complaint.

Excluded Complaints

9.1.5 Section 3(2) of the Scottish Parliamentary Standards Commissioner Act 2002 excludes certain complaints from the remit of the Standards Commissioner.

9.1.6 The complaints mentioned in the following paragraphs are “Excluded Complaints” and should not be made to the Standards Commissioner:

(a)	Complaints about a member’s conduct at a meeting of the Parliament: these are to be referred to the Presiding Officer. Complaints about a member’s conduct at a meeting of a committee: these are to be referred to that committee’s convener. The Presiding Officer, or as the case may be, the committee’s convener will consider the complaint and may refer the complaint to the Standards, Procedures and Public Appointments Committee.
(b)	Complaints made under Section 8: Engagement and liaison with constituents: these are to be referred to the Presiding Officer. The Presiding Officer will consider the complaint.
(c)	Complaints about a member’s use of the Reimbursement of Members’ Expenses Scheme: these are referred to the SPCB. Where, following an investigation (whether as a result of a complaint or claim submitted), the SPCB finds that a member has submitted an improper claim, the SPCB may report the matter 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 the Scheme for such period and to such extent as the SPCB may specify.
(d)	Complaints about a member’s treatment of the Parliament’s staff: these are to be made to the Parliament’s Personnel Office which will investigate the complaint. Complaints about a member’s treatment of the staff of another member: these are to be made to the member’s Business Manager who will investigate. In some cases a joint investigation by the Personnel Office and Business Managers may be appropriate. In all cases, opportunities for conciliation will be pursued in the first instance. If a complaint cannot be resolved, it will be reported to the SPCB who may refer the complaint to the Standards, Procedures and Public Appointments Committee.
(e)	Complaints about Cross-Party Groups: these are to be made to the Standards, Procedures and Public Appointments Committee unless the complaint relates to the use of Parliamentary facilities and services in which case it is be made to the SPCB. The SPCB may refer any complaint relating to the use of Parliamentary facilities and services by a Cross-Party Group to the Standards, Procedures and Public Appointments Committee together with a recommendation for action.
(f)	Complaints about use of SPCB facilities and services: these are to be made to the SPCB. The SPCB may refer any complaint relating to the use of Parliamentary facilities and services to the Standards, Procedures and Public Appointments Committee together with a recommendation for action.