WRITTEN EVIDENCE SUBMITTED TO THE RICHARD COMMISSION

Assembly Member for the Rhondda, Aelod Cynulliad y Rhondda

National Assembly for Wales, Cardiff CF99 1NA Cynulliad Cenedlaethol Cymru, Cardiff CF99 INA

ANNEXE 5

1. This note offers guidance to Members on handling constituency interests. It aims to build on the close and constructive relationships developing between Members in Parliament. It has been agreed 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 will be issued in due course on the working relationships between MSPs and MPs.

2. Some of the guidance is presented as if being addressed to constituents or agencies. It is intended therefore to make available to the wider Scottish public in appropriate forms.

3. 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, this guidance.

I.   one constituency MSP and seven list MSPs who are elected in the wider region. All eight MSPs have a duty to be accessible to the people of the areas for which they have been elected to serve and to represent their interests conscientiously.

II   the wishes of constituents andlor the interests of a constituency or locality are of paramount importance.

III   All MSPs have equal formal and legal status.

IV  MSPs should not misrepresent the basis on which they are elected or the area they serve.

V   No MSP should deal with a matter relating to a constituent, constituency case or constituency issue outwith his or her constituency or region (as the case may be), unless by prior agreement.

6. The basic principle is that the wishes of the constituent are paramount. In particular, a constituent has the right to approach his or her constituency MSP, or any of the seven regional MSPs elected in his or her region. They also have the right to expect an MSP to take on a case though the MSP must be able to judge how best to do so. It is expected, however, that, in practice, the usual point of contact for a constituent raising a specific personal or local matter will be his or her constituency MSP. In the event that a regional (`list') MSP does raise a constituency case (for example with a Minister or local authority) he or she must notify the relevant constituency MSP at the outset unless the consent of the constituent is withheld. A suggested pro-forma for this purpose is attached at Appendix A.

7. Ministers or agencies such as local authorities and health boards, who are in correspondence with MSPs on such constituency issues, should not notify other MSPs representing the area. That would breach the confidential nature of the relationship between constituent and MSP. The only exception is where constituency cases raise more general issues of relevance to the whole constituency or area. In those circumstances, a Minister or agency may judge it appropriate to notify other MSPs with an interest of the general issue. They should not, however, refer to, or identify, individual constituents in doing so. Staff working on behalf of Ministers or agencies should be made aware of and apply these guidelines.

8. Any Member is entitled to raise with the relevant Minister in the Scottish Executive a matter on behalf of a constituent in the area for which they were elected. The Minister would be expected only to reply to the MSP raising the matter. It is for that MSP to notify others, taking into account, of course, the views of the constituent as in paragraph 6 above. The guidance on relationships between MPs and MSPs will contain further guidance on dealing with Ministers, especially those of the UK Government.

9. Ministers planning to visit constituencies should, as a matter of course, only notify the constituency MSP. At their discretion, they may also notify regional Members representing the area.

10.Any MSP is entitled to take an interest in or take up a matter affecting the constituency or region for which they were elected. MSPs are likely to have a greater impact where they work collectively for a common cause, as their constituents would expect them to. That may not be possible in some instances because of perfectly legitimate political differences but MSPs may wish to contact one another, as a matter of courtesy, where they are involved or planning to become involved in a major local issue.

Dealing with local agencies and dealing with national agencies operating locally

11.  Any MSP elected to represent an area has the right to be expected to be consulted as appropriate by local or national agencies operating in that area. It is recognised that this might involve such agencies (NDPBs, local authorities, health boards etc) in dealing with potentially large numbers of MSPs, in particular, where agency boundaries cross regional boundaries. The expectation therefore is that the constituency Member or Members will be involved as a matter of course and that agencies will make appropriate arrangements to maintain contact and consult with regional list MSPs which have relevant regional representation perhaps through a representative regional list MSP nominated by each party. Agencies are free to inform or consult these nominated members either jointly with constituency members, or separately. This does not affect the right of any Member representing a constituency or area to raise a matter on behalf of a constituent.

12. Where schools visit the Parliament, constituency Members should be invited to attend as a matter of course. The Education Centre in the Parliament should notify regional Members who will be expected to agree on a maximum of one regional Member from each party within the region to attend such visits.

13. Members of the public calling the Parliament's public enquiry unit for a particular Member or the Member for a particular constituency will be put through only to the Member concerned. If the Member is unavailable the person calling will be given the option of leaving a message. Members of the public will not be put through to regional Members where constituency Members are unavailable unless they ask to speak to a named regional Member.

14. Regional Members and constituency Members must describe themselves accurately so as not to confuse those with whom they deal.

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

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

16. Members are obviously aware that, once elected, they represent all the people living in their constituency or region. For that reason members are strongly discouraged from identifying party affiliation on stationery and other items provided out of public funds including Parliament headed letter paper, surgery advertisements and business cards.

17. It follows from the first and second principles and from what is said above that regional Members have 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. This is an issue of fundamental importance in the relationship between constituency and regional Members. The following is of critical relevance in dealing with any complaints regarding these matters. Regional Members are expected to work in more than 2 constituencies within their region. Evidence that they were doing so would include holding surgeries in more than 2 constituencies (though regional Members do have the option of holding surgeries in their Party's regional office Ml ) and dealing with local authorities and other agencies and constituents in more than 2 constituencies within their region. Regional Members would also,of course, be expected to deal (as appropriate) with any matter raised by any constituent within their region.

18. Members should ensure that staff working on their behalf are aware of and apply these guidelines.

19. Any complaint against a Member (including one about their staff or others working for them) in respect of this guidance should in the first instance be made to the Presiding Officer. The Presiding Officer will, as appropriate, contact the Member or Members involved and, if necessary, their respective Party Business Managers. Where the matter cannot be resolved informally 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 Committee. The Standards 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. It is fundamental to the success of this document that the Standards Committee will as a matter of course, treat all breaches of these principles with the utmost seriousness. Members should note that raising matters in any way other than that described above (in particular via the media) may well prejudice their case.

APPENDIX A