A report published today by the Parliament’s Standards Committee has recommended the appointment of an independent Standards Commissioner to investigate cases of complaint against MSPs.

The report, which marks the completion of a seven month inquiry, also recommends that the Parliament should adopt a ‘four-stage investigative model’ when examining complaints.

Announcing publication of the report convener Mike Rumbles said:

"Our recommendation to appoint a Standards Commissioner was primarily influenced by the need to include a strong element of independence and impartiality in the investigation of complaints against MSPs. Should Parliament agree to our proposals, the Commissioner will have full statutory powers to summon witnesses and compel the production of evidence.

"The Standards Committee unanimously agreed that this element of independence is essential to ensure public confidence in an investigative process which is both robust and fair."

Should the full Parliament agree to the recommendations of the committee’s report in its debate on 23 November, the appointment of a Commissioner will require an Act of the Scottish Parliament. It is expected that such an Act could be passed by summer 2001, with the recruitment and appointment of a Commissioner following thereafter.

As outlined in the committee’s news release of 15 September, a Standards Adviser has been appointed as an interim measure.

Four-stage Investigative Model

The four-stage investigative model which, if agreed, will supersede the enforcement procedure outlined in Section 10.2 of the Code of Conduct is as follows:

Stage 1: Initial sift of complaints

Stage 2: Investigation of Facts by Standards Commissioner

Stage 3: Committee Consideration of Commissioner's Report

Stage 4: Parliament's Consideration of Committee Recommendation

The Standards Commissioner is responsible for Stages 1 and 2 of the investigative process and will conduct that investigation in private and independently of the Committee. The Commissioner will then report his or her conclusions to the Committee.

However, where the complaint discloses information which, if proven, might constitute a criminal offence, the Standards Commissioner would be required to report the matter to the Procurator Fiscal.

The Standards Committee will retain responsibility for recommending to Parliament whether sanctions are appropriate. The final decision on whether to impose sanctions will be taken by a full meeting of the Parliament. The Committee will also reserve the right to mount its own investigations.

Commissioner’s Terms of Employment

It is envisaged that the Commissioner will be appointed on a part-time basis of around 1-2 days per month. However, this would have to be reviewed in the event of any substantial inquiry being required.

Current arrangement for investigating complaints

Until now the Standards Committee itself has conducted all investigations into allegations of misconduct against MSPs. It has published reports on the "lobbygate" inquiry and on allegations against Mike Watson MSP in relation to his Member’s Bill.

The committee’s full report (Standards Committee 4^th Report, 2000 Models of Investigation of Complaints) is available free on the Parliament’s website or can be purchased in hard copy from outlets of the Stationery Office.

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