The Role of, and Access to, the Assembly’s Independent Adviser on Standards of Conduct

1. This note sets out for Members and others the role of and arrangements for accessing the Assembly’s newly appointed independent adviser on standards of conduct.

2. Richard Penn was appointed by resolution of the Assembly on 15^th March 2000. His appointment took immediate effect.

Statutory Framework

3. The Assembly’s standing order 16 governs the procedure for the investigation of complaints and determines the role of the Independent Adviser.

4. Paragraph 16.3 requires the appointment of an independent person to provide advice and assistance to the Presiding Officer on any matter relating to the conduct of members.  The Committee on Standards of Conduct may also, in addition to the appointment of its own adviser, invite the Assembly’s appointee to investigate factual matters arising out of any matter put before it.

5. The key features and implications of the standing orders in relation to the Adviser’s role are that:

1. the Independent Adviser is appointed by the Assembly as a whole and is therefore accountable ultimately to the Assembly as a whole;
2. the Independent Adviser is obliged to advise and assist the Presiding Officer on request in respect of any matter relating to conduct of members; the adviser’s role in relation to the Committee is  by invitation and mainly limited to the investigation of factual matters; [see also paragraph 7 below].
3. any complaint which is to be investigated by the Committee on Standards must be addressed in the first instance to the Presiding Officer in his role of overseeing the general standards of conduct within the Assembly.

The role of the Adviser

6. The Independent Adviser’s main role has been defined as:

To provide advice and assistance to the Assembly and the Presiding Officer on matters relating to the conduct of members. Upon invitation by the Assembly Committee on Standards of Conduct to investigate factual matters arising out of any complaint referred to the Committee about the financial or other interests of Members and/or Members’ standards of conduct.

7. The Adviser’s principal duties are to:

Conduct a preliminary investigation into complaints including identifying those requiring liaison with the police and the Crown Prosecution Service.
Provide independent and practical advice to the Committee on the handling of individual complaints laid before him by the Committee and submitting a reasoned report with a recommendation on whether to dismiss the matter or investigate further.

1. If the matter is deemed to warrant further investigation, to undertake the detailed investigation on behalf of the Committee;
2. Assemble detailed documentary, written and oral evidence: dealing directly with Members, the complainant and others in the preparation of such evidence.
3. Prepare a further factual report for the Committee and present the evidence.
4. Attend meetings of the Committee.
5. Advise the Presiding Officer on matters concerned with the conduct of Members.
6. Support the Presiding officer and/or the committee in developing a robust standards framework for the Assembly and Members’ understanding of that framework, the standing orders, guidance, etc.
7. Assist the Committee in the preparation of its annual report to the Assembly.

8.       The Adviser’s responsibilities do not include:

1. Advising Members on individual cases or complaints; this would be in direct conflict with his role as an independent investigator and could prejudice any future involvement should a complaint arise.
2. Receiving complaints directly.
3. Initiating or undertaking investigations in respect of matters which have not been laid before him either by the Presiding Officer or the Committee.

9. He is not a member of Assembly staff; neither is he a civil servant. He has been employed and contracted by the Assembly for a period of three years initially on the basis of an average 2-3 days per month. In the short-term, the Adviser will probably work roughly ½ day per week. During investigation periods, this time commitment would increase and his terms of employment provide for that.  

Contact with the press

10. The Adviser will be responsible for handling and responding to any approaches from the press in consultation with the Office of the Presiding Officer and/or the Committee. In such circumstances, he would be expected simply to confirm or otherwise that there is to be an investigation [or that one is underway] but he clearly would not give any information to the Press until it was publicly available and he had received clearance from the Standards Committee. The Adviser will not issue press notices or statements in his own right unless specifically asked to do so.  

How to contact the Adviser

11. The Adviser will shortly have an office on block 4A (A 4.02) in the Bay. He is linked to the Osiris network. He is supported by the Standards Committee Clerk and Secretariat and may be contacted either through them or direct.

Contacts:

Office of the Presiding Officer