CODE OF CONDUCT FOR MEMBERS OF THE SCOTTISH PARLIAMENT - Edition 4, March 2009

VOLUME 3 - GUIDANCE

SECTION 1: REGISTRATION OF INTERESTS

Guidance

This section is currently blank. It is intended that guidance will be added as it is developed.

SECTION 2: CATEGORIES OF REGISTRABLE INTERESTS

Guidance

This section is currently blank. It is intended that guidance will be added as it is developed.

SECTION 3: DECLARATIONS OF INTERESTS

Guidance

When should I declare an interest?

3.1 It is the responsibility of the member to judge whether a ‘declarable interest’ is sufficiently relevant to particular proceedings to require a declaration. Members are advised to err on the side of caution.  For example, a member who had received and registered a benefit or remuneration from a particular company would have to make a declaration before participating in any proceedings in relation to that company, but he or she should also consider whether or not to declare it before participating in any proceedings relating generally to the industry to which that company belongs.

“Miscellaneous” entries

3.2 A member does not require to make a declaration in respect of interests voluntarily registered under the “Voluntary” category of the Register, but may make reference to such interests if he or she so wishes.

Flow chart guidance

3.3 Members may find it helpful to keep to hand the flow chart at the end of this section (26KB pdf).  This is designed to remind members what they must bear in mind in deciding whether they have a ‘declarable interest’.  It is not a comprehensive guide to the requirements of the Act or the Code (see Volume 2) and should not be treated as replacing this guidance (Volume 3) or advice on a case by case basis from the Standards clerks.

How a declaration should be made

Oral declaration

3.4 Where a member has a declarable interest in any matter, he or she is required to make an oral statement declaring the nature of the registrable financial interest before taking part in Parliamentary proceedings relating to that matter.  A declaration should be brief but sufficiently informative to enable a listener to understand the nature of the member's interest.  It is not necessary to rehearse all the details of an interest which may appear in the member’s entry in the Register of Interests if this is more than is required to explain the nature of the interest.   A member may wish to preface his or her declaration with the words “I declare an interest”, explain briefly the interest, and then move on to the business in hand.

Procedure in meetings of the Parliament

3.5 In a debate in a meeting of the Parliament the following procedures apply:

• A member should declare an interest at the beginning of his or her first contribution in relevant proceedings.  (Where a member’s first contribution is an intervention in another member’s speech, the declaration should be made then.)

• A member who has an interest to declare which is relevant to proceedings which may take place over more than one day should declare it at each meeting of the Parliament in which he or she participates in relevant proceedings.  This is to try to ensure that as far as reasonably possible members of the public observing proceedings on any particular day are aware of members’ relevant interests.

Procedure in committees and sub-committees

3.6 It has been established as good practice that members of a committee (including committee substitutes) should declare interests relevant to the remit of that committee at the first meeting of the committee they attend or on the first occasion on which they address the committee, irrespective of the business before the committee at that meeting. The same applies to any MSPs who, although not members of the committee (or committee substitutes) expect to attend its meetings regularly.

3.7 Thereafter, a member must make a declaration at committee meetings wherever the requirements of section 13 of the Act apply.

3.8 The following procedures must be followed in declaring interests at committee meetings:

• Where a member has an interest relevant to the proceedings, he or she must make an oral declaration of interest at each meeting of a committee in which he or she participates. This is to allow the public attending any committee meeting to be aware of the member’s interest. Where the member does nothing more than attend the committee meeting or vote at it or both, no oral declaration is required providing the interest appears in the member’s entry in the Register.  Parliament has determined that the member’s entry in the Register is sufficient declaration of that interest.
• The declaration should be made at the start of the relevant agenda item or as soon as the member is able to make the declaration, but before otherwise participating in those proceedings.

• A declaration must be made whether a committee meets in private or public.  Where a relevant matter is discussed in both private and public at any single committee meeting, the declaration should, as good practice, be made during the public session even if it has already been made in private session.

• Where a committee is taking evidence from witnesses a member should, as good practice, ensure that declaration of an interest is made in the presence of those witnesses even if the declaration has been made earlier at that meeting of the committee.  The declaration must be made at each meeting whether or not the member believes the witnesses are already aware of his or her relevant interest.

• Although such relationships are not registrable members should, as good practice, also inform the committee of any business or personal relationships they might have with any advisers or witnesses to the committee. This should be done in advance of the witness addressing the committee. In the case of an adviser, and where the identity of any potential adviser is known to committee members, a member should advise the clerk to the committee of the relationship prior to the appointment of the adviser so that this can be brought to the attention of the committee. If the committee subsequently decides that the adviser be appointed, there is no need for the member to re-inform the committee about this relationship.

3.9 A member’s work in the Parliament may not have any relevance to the interests that he or she may have registered and consequently the member may never need to declare an interest during proceedings.

Written declaration of an interest

3.10 A written declaration of relevant interest is required when:

• lodging questions for oral or written answer;

• lodging motions or amendments to motions;

• introducing a Bill, or lodging a proposal for a Member’s Bill;

• lodging amendments to Bills; or

• adding the member’s name in support of any proceedings referred to in (a) to (d) above.

3.11 In the case of written declarations of interests, the clerks accepting the notice assume that no interest is declarable unless the notice clearly indicates an interest: this should be done by completing the appropriate box which appears on the forms for lodging the notice.  Whenever such an interest is declared, the symbol R is printed in the Business Bulletin after the relevant text in the case of parliamentary questions, motions, Bills and amendments and after the member's name in the case of a member supporting a motion or amendment.

3.12 If the interest to which the member is drawing the attention of the Parliament is already entered in the Register and provided it is readily apparent which of the member's registered interests are applicable, the member need simply make reference to his or her entry in the Register. If this is not the case, or if the interest is a new interest which is not yet available for inspection in the Register, then the member when giving notice should attach to it a brief written description of the interest which is being declared. This will then be available for inspection by members in the Office where the notice was lodged.

3.13 A written declaration does not replace the need for an oral declaration whenever the provisions of section 12 and 13 of the Act apply.  For example, in the case of oral questions which are selected for answer, a member with a relevant interest should declare that interest orally when the question is formally asked in the Parliament even though he or she will already have made a written declaration when lodging the question.  The member should, of course, make the declaration, before asking the question, following the format for oral declaration described above.

Voting

3.14 If a member does nothing other than attend a meeting of the Parliament or its committees, joint committees and sub-committees and vote but not contribute to the meeting in any other way, it has been determined by Parliament that a member does not require to make an oral declaration, providing the relevant interest is already registered.

3.15 A written declaration is made by virtue of a member having an entry in the Register relating to that interest or by virtue of lodging a written notice of that interest with the Standards clerks prior to voting. The date that the member lodges the written notice with the clerks will be the date from which that interest should be declared even though this may be prior to the interest being published in the Register.

Responsibility of the Member

3.16 Members are reminded that responsibility for ensuring compliance with the rules on declaration of interests lies with the individual member. If a member is uncertain about how the rules apply, he or she may ask the Standards clerks for advice.  A member may also choose to consult their own private legal advisers and, on detailed financial and commercial matters, a member may wish to seek advice from other relevant professionals. Members should also bear in mind in relation to any proceedings in the Parliament the Paid Advocacy provisions which are explained in this guidance.

SECTION 4: PAID ADVOCACY

Guidance

4.1 Members may find the following guidance helpful in understanding how the paid advocacy provision is to be applied in practice.

Purpose of the Paid Advocacy provision

4.2 The purpose of the provision is to prevent a member advocating or initiating any cause or matter, or urging any other member to advocate or initiate any cause or matter on behalf of any person, in consideration of any payment or benefit in kind to the member, their spouse, civil partner or cohabitant.  Other than as detailed in paragraphs 4.5 and 4.6 below, it includes all forms of payment or benefit, including hospitality.  It is the member’s reason for undertaking any action in his or her capacity as a member following receipt of any payment or benefit in kind which is fundamental in applying this rule.

4.3 For a definition of what is covered by “Any payment or benefit in kind” members should refer to Volume 2, Section 4 of the Code.  Paid advocacy includes a payment or benefit in kind not just to the member but also to the member’s spouse, civil partner or cohabitee.  Receipt of payments or benefits from an individual or organisation which a member registers as registrable financial interests do not prevent a member  from taking part in proceedings relating to the affairs or interests of that individual or organisation. Members must, however, make appropriate declarations of these interests in terms of Section 3 of the Code. However, the effect of the paid advocacy rule is that, in relation to any Parliamentary proceedings, a member must never advocate or initiate any cause or matter on behalf of any person or organisation where payments or benefits have been made specifically for that purpose or which would not have been provided had the member not undertaken that course of action.

4.4 In seeking to apply this rule to their Parliamentary activities, members should not only consider their own intentions but the linkage that might reasonably be made by others between receipt of a payment or a benefit in kind and subsequent advocacy. It is a question of circumstances in each case, but the larger the benefit and the more significant the advocacy, the easier it could be to draw the conclusion that the reason a member had undertaken particular action was because of the payment or benefit.

4.5 The paid advocacy rule does not prevent a member from doing paid work or receiving other financial benefits which are registered as registrable financial interests.  However, a member who engages in advocating any matter which confers benefit on an organisation for which he or she is doing, or has done, paid work, even after making an appropriate declaration of interest, might well be thought to be doing so in consideration of that payment whether or not this is actually the case. It is less likely that this inference would be drawn if the member was participating in proceedings directly or indirectly related to the organisation but which has a neutral or negative effect on the organisation or the sector within which that organisation operates.

4.6 Similarly, the paid advocacy rule does not prevent a member receiving expenses in connection, say, with a conference or fact-finding visit and then raising in proceedings of the Parliament matters which he or she may have learned as a result of that event.  As long as the member registers the receipt of the expenses, makes an appropriate declaration to that effect and does not advocate a particular course of action at the behest of the organisation or individual providing the expenses, there would be no paid advocacy.

4.7 The paid advocacy rule as articulated in section 14 of the Act provides a list of exceptions for situations which could be interpreted as conferring benefit on a member for political purpose but which are not to be considered as paid advocacy.  Members may seek and accept, assistance in connection with any matter relating to a Bill (before it is submitted for Royal Assent), a debate upon subordinate legislation or a legislative consent motion. However, members should ensure that any assistance relates purely to those matters and there is no other ancillary benefit to a member. Members should beware of entering any arrangement from which it could be construed that the reason they had taken forward a Bill was because they had received a payment or a benefit in kind, other than permitted assistance.

4.8 A member may not act in consideration of a payment or benefit in kind received at any time from the date on which the member was returned. It is the link between the payment or benefit and the action which is important and it does not matter if the length of time between the payment and the action is long or short, if the action was taken in consideration of a payment or benefit.

‘Advocate or initiate any cause or matter’

4.9 A member shall not by “any means”, in consideration of any payment or benefit in kind, advocate or initiate any cause or matter on behalf of any person.  This extends to urging any other member to advocate or initiate any cause or matter on behalf of any person. The Act provides that “any means” is to 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”.

4.10 A member does not “advocate or initiate any cause or matter” simply by sitting and listening to a debate. However, a member may contravene the paid advocacy rule in any of the following situations if the action described is done for payment and, in taking the action, the member advocates or initiates a cause or matter on behalf of another person:

• initiating, contributing to or intervening in any debate

• voting

• lodging notice of a proposal for a Bill or introducing a Bill

• lodging or asking a parliamentary question

• lodging notice of or moving a motion

• lodging notice of or moving an amendment to a Bill

• proposing a draft Report, or moving an amendment to a draft Report in a Committee

• supporting a motion or a Bill or proposal for a Bill or a motion

• lodge or supporting an amendment to a Bill or a motion.

4.11 This list cannot be comprehensive.  Members are advised to seek advice from the Standards clerks before undertaking any activity in the capacity of a member if they have any concern that the rule may apply.

Urging another MSP to act

4.12 A member who receives a payment or benefit in kind is also prohibited from urging, in consideration of that payment or benefit, any other member to advocate or initiate any cause or matter on behalf of any person.  For example, a member may not ask another member to lodge a motion or parliamentary question which advocates a cause etc. (or to do any of the other things listed above at paragraph 4.10 with that intention) in return for any payment or benefit in kind which he or she has received from that person.

Responsibility of the Member

4.13 Responsibility for complying with the provisions on paid advocacy lies with the individual member. Each member will need to apply the paid advocacy provisions to his or her particular circumstances. If a member is uncertain about how the rules apply, he or she may ask the Standards clerks for advice.  A member may also choose to consult his or her own legal advisers and, on detailed financial and commercial matters, a member may wish to seek advice from other relevant professionals.

Failure to comply with or contravention of the Rule on Paid Advocacy

SECTION 5: LOBBYING

Guidance

Introduction

5.1 In order for the Parliament to fulfil its commitment to being open, accessible, and responsive to the needs of the public it needs to encourage participation by organisations and individuals in the decision-making process. Clearly however, the desire to involve the public and other interest groups in the decision-making process must take account of the need to ensure transparency and probity in the way in which the Parliament conducts its business.

5.2 It is an essential element of the democratic system that any individual should be able to lobby the Parliament or an MSP.  Members will therefore come into contact with a wide range of lobbying activities.

5.3 In order to perform their duties effectively, members will need to be able to consider evidence and arguments advanced by a wide range of organisations and individuals.  Some of these organisations and individuals will make their views known directly to individual members or committees of the Parliament.  Others will choose to employ intermediaries (sometimes known as “commercial lobbyists”) to present their views in what they may consider to be the most effective way.

5.4 Members should note that some organisations and individuals employ commercial lobbyists (which may include public affairs companies, law firms, management consultancies, investment banks, merchant banks, and other providers of professional services) to devise strategies for lobbying the Parliament.  The role of commercial lobbyists is not, therefore, limited to the direct representation of a client’s interests to members but may also include or consist of providing strategic advice.  Under such arrangements the client undertakes the direct representation element of lobbying on the advice of the commercial lobbyist.

5.5 Lobbying is also undertaken by paid staff and by members of business and trade associations, individual companies, trade unions, charities, churches, voluntary organisations and other individuals and groups, many of whom have no professional staff and comparatively few resources.

5.6 There is, however, some uneasiness about the way in which lobbying may be practised.  At the heart of public concern is the nature of the relationship between elected members and those who seek to influence them.  It is important, therefore, to ensure that those relationships are handled with complete propriety so as to maintain the confidence of the public in the decision-making and integrity of its representatives in the Parliament.  It is essential that there is transparency in the relationships between members and lobbyists, in line with the Parliament’s core principles of accessibility and openness. This is particularly important where commercial lobbyists are employed to advise organisations or companies in the presentation of their arguments.

5.7 This Code set out how members should conduct themselves in their contacts with those who lobby or seek to lobby them. They are designed to encourage proper interaction between members, those they represent and interest groups.  As well as setting standards for MSPs’ conduct in relation to lobbyists, they are designed to demonstrate that access to the Parliament or its members is open to all.

Statutory Rules in relation to contacts with lobbyists

5.8 Section 39 of the Scotland Act 1998 requires that provision is made for the registration and declaration of members’ interests and to prohibit members from advocating any matter on behalf of a person by specified means or urging other members to do so in return for any remuneration. Accordingly, section 14 of the Act prohibits paid advocacy (Please see the relevant sections of the Code on Registration and Declaration of Interests and on Paid Advocacy for details.)  Failure to observe the requirements of the Act may constitute a breach of the Act or a criminal offence.  Thus the Act already provides a mechanism for the Parliament to regulate the way members relate to others, including lobbyists of any kind.

5.9 Members need to bear in mind these statutory obligations in their contacts with anyone who seeks to lobby them, and particularly when considering whether to accept any remuneration, sponsorship, gift, benefit or hospitality from another person. 

5.10 In addition, members should ensure that they act in accordance with the rules and standards set out in the Code.

5.11 If a member has concerns about the approach or methods used by any person or organisation in their contacts with him or her, the member should seek the guidance of the Standards clerks.

SECTION 6: REGULATION OF CROSS-PARTY GROUPS

Guidance

6.1: Introduction

6.1.1 Cross-Party Groups are formed by MSPs for MSPs. They are essentially discussion groups, bringing together MSPs from across the parties who share an interest in a particular subject or cause, and they may (but do not have to) include non-MSP members. Where non-MSP members of a group have a personal knowledge, experience or interest in the subjects covered by a Cross-Party Group, the contribution of the non-MSP can be of great value in informing the group and the Parliament as a whole about the subject. It is important, however, that MSPs make clear to all the non-MSP members and attendees that a Cross-Party Group’s purpose is only to inform MSPs and enable discussion of issues; a Cross-Party Group has no powers to introduce issues formally into the Parliamentary or government system.

6.1.2 Cross-Party Groups do not represent the ‘core’ business of the Parliament. For example, they do not have powers of a Parliamentary Committee; they cannot summon witnesses or Ministers to attend meetings or to provide documentation; and they cannot use the Parliament logo (although a group could devise its own logo if it ensures that it does not resemble the Parliament logo). The views of a Cross-Party Group are not endorsed by the Parliament in the way that business conducted through committees or through plenary is endorsed by the Parliament.  Any views expressed by Cross-Party Groups are the collective views of members of the group.

6.1.3 It is for the MSP members of a group to decide on membership issues. Some groups will have individual members; some will have organisational or group members. Each member is entitled to vote at group meetings, for example, an individual member has the right to vote; an organisation or group has only one vote but is able to send a different representative of the organisation or group to meetings and that person may vote on behalf of that body.

6.1.4 As such groups may have, or may be seen to have, some influence within the Parliament, it is important that they operate in accordance with good practice and that their activities are transparent.  The procedures on the establishment, registration and operation of Cross-Party Groups which must be applied are set out in Volume 2 of the Code. The guidance below sets out information that may be of assistance to groups in meeting the requirements of the Code.

6.1.5 The Code of Conduct states that only groups accorded recognition by the Committee are allowed to use the title of Cross-Party Group in the Scottish Parliament.  In order to help ensure that no confusion arises for stakeholders and the public about the nature and status of Cross-Party Groups, only the form of wording “Cross-Party Group in the Scottish Parliament on xx” should be used.

Amendments to the Rules on Cross-Party Groups

6.1.6 Conveners of groups will be informed of any amendments to the rules on Cross-Party Groups in advance of such amendments being applied. 

6.2: Application for Recognition as a Cross-Party Group

6.2.1 A group will only be recognised if it complies with the Rules on Cross-Party Groups.  These are set out in Section 6 of the Code and include requirements to submit a statement registering certain details about the group and a declaration on compliance with the Rules.  It is these documents which will be considered by the Standards, Procedures and Public Appointments Committee when considering an application.  The procedure for completing these documents is explained in Volume 2, Section 6.

6.2.2 Once a group has completed the application requirements, the Standards, Procedures and Public Appointments Committee will consider the application at the earliest opportunity, normally at its next meeting.  In most cases it is expected that recognition will be awarded with immediate effect, but the Committee may refuse recognition if it considers that a group does not comply with the rules or it may defer consideration in order to seek clarification from the group about its application.  The group will be informed of the Committee’s decision.

6.3: Registration of Cross-Party Groups

Re-registration of groups after a period of dissolution

6.3.1 Section 6.3.8 provides that a group may re-register within 90 calendar days of the first meeting of the Parliament following a general Scottish Parliamentary election. This is not the same as making an application for recognition, as required when a new group is proposed.

6.3.2 At the start of a new Session, a group wishing to re-register will be able to hold meetings pending re-registration, provided that they still meet the requirements laid down in Section 6 of the Code of Conduct (for example, seven days notice of a meeting, the meeting must be open to the public and the required number of MSPs at the meeting, etc).

6.3.3 The forms that a group must submit to be re-registered will usually be issued to groups prior to a period of dissolution. Forms are also available on request from the clerks to the Standards, Procedures and Public Appointments Committee.

6.3.4 When considering whether to re-register, groups should pay particular consideration to the past effectiveness of the group, and whether it would be worthwhile for the group to continue.  Groups are also advised to confirm that:

• each MSP listed in the ‘MSP Membership’ section of the form has been returned as a member of the Scottish Parliament; and
• each MSP listed in the ‘MSP Membership’ section of the form is content to continue as a member of the group.

6.3.5 Each Cross-Party Group will be re-registered by the Standards clerks on receipt of a completed application form – providing that the details on the form have not changed substantially since the Standards, Procedures and Public Appointments Committee accorded initial recognition. If, for example, the MSP membership changes substantially so that it may cause concern over the Parliamentary nature of the group or the purpose of the group is altered, the clerks have been instructed to draw the application to the attention of the Convener of the Standards, Procedures and Public Appointments Committee. It would then be a matter for the Committee to decide whether the application should be approved.

6.3.6 Applications to establish new Cross-Party Groups will have to be considered by the Standards, Procedures and Public Appointments Committee in accordance with the procedures set out under Section 6.2 of the Code of Conduct.

The Register of Cross-Party Groups

6.3.7 The Standards clerks will enter the details registered by groups in a Register of Cross-Party Groups in the Scottish Parliament not later than 30 calendar days after a group’s application has been approved by the Standards, Procedures and Public Appointments Committee.   Changes to the initial registration details will be entered into the Register by the Standards clerks not later than 30 calendar days after being notified to them.

6.3.8 The Register is available for public inspection in loose-leaf form in the office of the Standards clerks at any time when the Parliament is open to the public.  It is also available on the Parliament’s website.

6.4 – Operation of Cross-Party Groups

Purpose and membership

Guidance on waiver or modification of MSP membership Rule

6.4.1 In exceptional circumstances, the Standards, Procedures and Public Appointments Committee may modify or waive the MSP membership requirement of Rule 2. In such circumstances, the MSP Convener (or prospective Convener) may wish to consider submitting an application on behalf of the group to have the requirements of Rule 2 waived.

6.4.2 The application should set out the efforts which the group or (proposed group) has made to secure the relevant representation and, if known, any reason why representation has not been possible. In the case of a recognised Cross-Party Group, it may also be useful if the application was to mention any achievements of the group (if an existing group) to support the argument that it should continue without cross-party representation as set out in the Code of Conduct.

CPG meetings

Number of MSPs present

6.4.3 Rule 10 requires that meetings of Cross-Party Groups must be attended by at least two MSPs and both MSPs must be members of the group. If it is discovered, on meeting, that only one MSP can be present, the group can meet on an informal basis only, i.e. it should not conduct any votes or agree a course of action unless that decision is ratified at the next formal meeting of the group. Informal meetings should only take place occasionally. It is recognised that it would be unfortunate to cancel a meeting with no notice when perhaps guests may have been invited to make presentations and members of the group may have made special travel arrangements.

Email/electronic election of office bearers

6.4.4 The election of office bearers does not have to take place during an annual meeting.

6.4.5 It is possible to conduct an election of office bearers electronically. To do this, the group’s Convener should confer with the Cross-Party Group members and seek nominations for the posts. The list of posts and the candidates for each one should be advertised on the Cross-Party Group webpage at least ten calendar days in advance of the election.

6.4.6 The following text (or similar) should be posted under the heading 'Forthcoming meetings' on the group's webpage:

The Cross-Party Group on [TITLE] is to hold elections for group officers on [DATE]. The elections will be carried out electronically (there will be no meeting of the group). The group will send an email to its members with the names of prospective office bearers (shown below), asking members to vote on these options. For further information, please contact the Convener of the group, [NAME] MSP on 0131 348 xxxx or at firstname.surname.msp@scottish.parliament.uk.

6.4.7 It is recommended that the group’s Convener or secretary keeps copies of the returns (the votes cast) from the group members in case there is any query in the future (for example, if the Standards, Procedures and Public Appointments Committee receives a complaint that the Cross-Party Group is not conforming to the Rules) and that the Convener advises the members of the group of the results as soon as possible after the election date. The Convener must then inform the Standards clerks of any changes in office bearers in order that the Parliament's website can be updated.

Documentation and finance

Cross-Party Group Bulletin on the Scottish Parliament website

6.4.8 For information on using the Bulletin contact the Standards clerks. The email address for the all Cross-Party Group inquiries and information is:

crosspartygroup@scottish.parliament.uk

Website links

6.4.8 Rule 18 provides that 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 signs a letter of agreement. The letter is available of request from the Standards clerks. The letter sets out certain conditions, namely that:

• the Scottish Parliament is not responsible for the content of external internet sites.
• the Convener of the group has viewed the website/s named above and is content that the link/s is/are appropriate.
• complaints about the content of external sites (linked by this request) will be directed in the first instance to the Convener of the group.
• the Scottish Parliament reserves the right to refuse to establish links to an external site.
• responsibility for checking links on the Scottish Parliament website to ensure that they are working lies with the Convener of the group and that, in the event of discovering a link which no longer works, the Convener will inform the Standards clerks.

Use of facilities

Services provided to Cross-Party Groups

6.4.9 Rule 12 of the Code of Conduct provides that Cross-Party Groups may not draw on the resources of Parliamentary clerks to service meetings, other than to meet the requirements of the Code of Conduct or where expressly permitted by the Rules on Cross-Party Groups.  In relation to the clerks to the Standards, Procedures and Public Appointments Committee, the services to be provided to MSPs are:

• Guidance on general issues relating to the regulation of Cross-Party Groups
• Maintenance of the Register of Cross-Party Groups (in hard copy and on the website)
• Updating individual Cross-Party Group pages with meeting information, including minutes and agendas (but no other papers), and publishing links to external webpages, if requested by Cross-Party Group Convener.

SPCB policies and miscellaneous

Reimbursement of Members’ Expenses Scheme

6.4.10 There are only limited circumstances in which members may be able to make use of the Reimbursement of Members’ Expenses Scheme in pursuit of Cross-Party Group business. Members should seek advice from the Allowances Office at the earliest opportunity when considering an application.

Events policy

6.4.11 When planning an event to be held on the Parliamentary campus (excluding ordinary meetings of groups), groups will be treated on the same basis as any other external group and any events policy adopted by the SPCB will be applied as if the group was an external body. This may mean that the group incurs charges for an event or that a proposed event may be refused by the SPCB.

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

Guidance

7.1 Members of the Scottish Parliament are accountable to the Scottish electorate who will expect them to carry out their Parliamentary duties in an appropriate manner consistent with the standing of the Parliament and not to engage in any activity as a member that would bring the Parliament into disrepute.

7.2 As stated above, members are required to conduct themselves in a manner appropriate to the standing of the Scottish Parliament.

SPCB policy and procedures

7.3 The Scottish Parliamentary Corporate Body (“the SPCB”) provides the property, staff and services required for the Parliament’s purposes. It owns and operates the Holyrood complex, and employs the parliamentary staff. Chaired by the Presiding Officer, its four other MSP members are elected by the Parliament as individuals to represent the interests of all members.

7.4 Individual members have no decision-making authority, and decisions can only be taken by the SPCB. The SPCB has agreed portfolio arrangements whereby members take a lead interest in specific issues. The current portfolio arrangements are:

• Resources & Governance Directorate including Corporate Policy Unit (governance, commissioners, equalities) and Personnel Office.

• Resources & Governance Directorate including Procurement, Allowances and Finance Offices.

• Access & Information Directorate including visitor services, events, public information, education and outreach, SPICe and the editorial content of the website and intranet as well as broadcasting and the broader aspects of media relations.

• Directorate of Technology & Facilities including building maintenance, IT and local office support.

7.5 As set out in Section 7, members must abide by policies that are adopted by the SPCB.

Confidentiality requirements

7.6 Certain information may be agreed as ‘confidential’ by Committees or sub-Committees. This is not through any desire to withhold information from the public.  Rather, there are a number of difficulties which could arise through the unauthorised disclosure of confidential material:

• public discussion of draft reports might give preliminary views a status they do not warrant and lead to recommendations or findings not adopted by the Committee being prematurely attributed to it;
• early release of information about a Committee report could also result in unfair party political advantage;
• it may be difficult for members to freely deliberate on the content of a draft report;
• it may be difficult to get witnesses to give evidence in confidence if members are shown to be incapable of treating their proceedings in confidence;
• it could lead to a loss of mutual trust between members and a breakdown of confidence in the operation of the Committee.

.7 Published committee reports are available to MSPs from Document Supply within the Scottish Parliament Information Centre (SPICe) and on the Parliament website.  Members of the public can access published reports on the website or they can be purchased from Stationery Office outlets.  The relevant clerk should be contacted about the availability of other documents.

SECTION 8: ENGAGEMENT AND LIAISON WITH CONSTITUENTS

Guidance

8.1 The section sets out procedures to members on handling constituency interests. It aims to build on the close and constructive relationships developing between members in Parliament. It was originally agreed in Session 1 after work by an all-party group which reported to the Presiding Officer and in consultation with the business managers of the main parties. Further guidance may be issued in due course on the working relationships between MSPs and MPs.

8.2 Some of the procedures are presented as if being addressed to constituents or agencies. It is intended therefore to be available to the wider Scottish public in appropriate forms.

8.3: UNACCEPTABLE ACTIONS – GUIDANCE FOR MEMBERS AND THEIR OFFICES

Introduction

8.3.1 The Code of Conduct establishes for members the conduct expected of them in working with constituents and within the Parliament.   However in a minority of cases members may experience difficulty in representing a constituent because of that constituent’s behaviour.  This guidance sets out examples of the types of behaviour which are unacceptable and suggests how members might respond. 

8.3.2 This guidance seeks to strike a balance between the duty of the member as an elected representative and members’ rights to a non-threatening environment for themselves and their staff.  Further advice is available from the Standards, Procedures and Public Appointments clerks. 

8.3.3 MSP office staff may be the first point of contact for constituents. This guidance is intended to be helpful to members and their staff; however it is the member who should decide what the most appropriate response is to address unacceptable behaviour by constituents.

8.3.4 This guidance is intended as best practice advice, does not represent obligations and does not form the basis for imposing sanctions.

Defining unacceptable behaviour

8.3.5 Members and their staff should be able to work in an environment which is free from oppressive behaviour such as the threat or use of harassment, verbal abuse and physical violence.  Members and their staff should not view behaviour as unacceptable just because the constituent is forceful or determined.  Actions and behaviour should be judged on the basis of the nature and extent of the behaviour.

8.3.6 Members and their staff should treat all individuals with courtesy and respect and expect to receive similar consideration in return.

8.3.7 Wherever possible, members should provide the constituent with the opportunity to change their behaviour.  Where it is deemed that unacceptable behaviour exists it is recommended that the member keeps a documented trail of activity on the part of the member and the constituent.

Aggressive and abusive language

8.3.8 Harassment through aggressive and abusive language may occur in a face-to-face setting or by telephone, as well as in written or electronic communications.

8.3.9 Members and their staff are not expected to put up with rude, abusive or, threatening language and have the right to ask the constituent to use reasonable language.  The member or their staff may warn the constituent that, if they persist in using unreasonable language, the call may be ended or the member may not respond to future communications couched in similar terms.  Members and their staff should be aware of the fact that some people use offensive language when they are in a panic or are frustrated.

Aggressive and abusive behaviour

8.3.10 Physical abuse should not under any circumstance be tolerated and should be reported immediately to the member’s local police station or the Parliament’s police unit. The member could ban the constituent from entering the member’s office and the member can decide not to represent that person any further.

8.3.11 It is understood that members may be unwilling to report a constituent to the relevant authority (e.g. local police or the Parliament’s police unit) because of concerns about protecting the privacy of the constituent.  However, members must take into account not only their own personal safety but also that of any staff who are working in members’ offices.

8.3.12 Section 7.2.1 of the Code of Conduct requires members 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.”   The police can offer advice on situations where the member suspects that an offence may have been committed and will usually deal with these situations in a confidential manner. Members are advised to consult either their local police or the Parliament’s police unit.

8.3.13 Aggressive and abusive behaviour may include unwanted physical or non-verbal conduct.   It may occur in a face-to-face setting, by telephone, in written or electronic communications or by loitering outside the home or workplace.  It may also include damage to property.

8.3.14 In these circumstances the member must be able to decide if any future face-to-face meetings with the constituent should take place. If the member decides to hold face-to-face meetings, the member is entitled to ask any member(s) of his or her staff to attend the meeting too.

8.3.15 If the threats or threatening behaviour continue despite a warning, the member could ban the constituent from entering the member’s office. This decision should be communicated to the constituent together with the reason for it.  The member may also decide to stop representing that constituent.  It is for the member to decide in future if the threats have subsided enough to re-admit the constituent concerned.  A member might also limit further communication: for example, to written communication only. Further advice is also available from the member’s local police station or the Parliament’s police unit.

Unreasonable demands and persistence

8.3.16 Some unacceptable behaviour does not involve any threatening actions but simply involves unreasonable demands which, if met, would impact detrimentally on the member’s other responsibilities and which also may not assist the constituent in progressing their case.

8.3.17 What constitute unreasonable demands may depend on the circumstances surrounding the behaviour but could include demanding responses or action within an unreasonable timescale, repeated phone calls or letters to the member or continuing refusal to accept a decision made in relation to a case.

8.3.18 Where the constituent repeatedly phones or sends irrelevant documents, the member may decide only to return calls from the constituent at a set time on set days or to return documents to the constituent.  The member should explain to the constituent the reasons for such a course of action.