Debate contribution: Members' Code of Conduct and the Guide to the Rules relating to the Conduct of Members
Debate contribution by Mrs Cathy Mason on .
- MLA
- Mrs Cathy Mason
- Party at the time
- Sinn Féin
- Date
- 28 September 2026
- Type
- Debate contribution
- Business
- Committee Business
- Heading
- Members' Code of Conduct and the Guide to the Rules relating to the Conduct of Members
- Assembly identifier
- Official Report component 5762013
Read the official Assembly record
Text
Go raibh maith agat, a Leas-Cheann Comhairle.
I rise on behalf of the Committee on Standards to present its report on the proposed updates to the Assembly Members' code of conduct and the guide to the rules relating to the conduct of Members. The code sets out the minimum ethical standards expected of all Members when carrying out their duties. It provides a clear framework of principles and rules of conduct for MLAs and helps to ensure openness, accountability and public confidence in the standards regime in the Assembly. The report before the House recommends a number of updates to the code and guide arising from several distinct, separate developments. Those include the agreement of an unacceptable behaviours policy and advice from the Electoral Commission on Members' legal obligations under the Political Parties, Elections and Referendums Act 2000. In addition, the recent change to the name of the Committee needs to be reflected, and the Committee has identified the need to clarify and improve certain provisions and exemptions. A revised version of the code and guide is included in appendix 1 of the report for the Assembly's consideration. That sets out the proposed amendments and tracked changes for ease of reference. Many of the proposed updates are technical or procedural in nature. However, I shall now outline the main proposals for the record. A number of the proposed amendments flow from the development of an Assembly-wide unacceptable behaviours policy. The work on that was commenced by a cross-party working group in the previous mandate. The policy development continued in the current mandate, and, following public consultation and further consideration, the policy was refined and approved by the Committee and the Assembly Commission. It was introduced last week via communication from the Speaker to all MLAs and staff. Members are, therefore, not being asked to approve that policy today. However, a copy is provided in the appendices of the report, and it is important to note its purpose and impact on the code. The new policy was developed to provide a consistent approach to standards of behaviour and, in particular, unacceptable behaviour for everyone working for or within the Assembly. It sets out clearly that unacceptable behaviours, including bullying, harassment, sexual harassment and victimisation, will not be tolerated. It also establishes processes for raising complaints and for investigating those complaints in a way that reflects their sensitive nature. To support the implementation of the policy with regard to complaints against MLAs and the work of the Commissioner for Standards, the Committee obtained legal advice on the procedural changes that were required. That included advice on any necessary amendments to the code and guide, Standing Orders and the procedures that are followed by the commissioner when considering complaints. There are three proposed changes to the code and guide that are intended to give effect to the policy insofar as it applies to complaints against MLAs. First, a new paragraph is proposed within the additional "Assembly Principles of Conduct" section to clarify that the Assembly behaviour code is an aspirational principle of conduct for Members. We consider that it will provide for a more objective position than exists presently, since the behaviour code, which is caught by the existing rule 10, sets out standards of conduct that are framed in high-level terms that are open to interpretation. Secondly, amendments are proposed to the "Rules of Conduct" section to make specific reference to the unacceptable behaviours policy and highlight its importance. Existing rule 10 would be separated into two rules, with the new rule 11 making explicit reference to the policy in the context of Members' obligation to observe and comply with policies, guidance and instructions that are published on behalf of the Assembly or the Assembly Commission. Thirdly, the Committee considers it essential that all parties who are involved in a complaints process can have confidence in the confidentiality of that process. For that reason, a new paragraph was proposed within the introduction to the guide to the rules. That would emphasise Members' existing confidentiality obligations and highlight the particular relevance to complaints that are under consideration by either the commissioner or the Committee. As a brief aside, complainants or respondents under the unacceptable behaviours policy who are not MLAs will be required to sign a new confidentiality agreement since those parties are not bound by a similar code of conduct. The requirements of that agreement are time-limited when it comes to maintaining confidentiality from the point at which the complaint is submitted until its consideration has concluded. On a separate matter, the Committee also proposes a number of amendments relating to the Political Parties, Elections and Referendums Act 2000 (PPERA). Those changes to the guide were suggested by the Electoral Commission and relate to changes to Members' legal requirements. They include updated reporting thresholds for donations and loans, as well as changes to permissibility requirements for UK companies. The proposed amendments also reflect updated wording to the Electoral Commission's guidance for elected office holders and party members and reinforce Members' obligations under the PPERA. The Committee is also proposing several important clarificatory amendments to the code and guide. One such amendment makes it clear that the existing exemption regarding conduct in the Assembly Chamber applies only to behaviour that falls within the Speaker's responsibility for maintaining good order under Standing Order 65. The amendment clarifies that the code continues to apply to other matters that occur within the Chamber, including the requirements regarding declaration of relevant interests and the protection of confidential information. Other amendments clarify that the code applies to Committee Chairpersons; in particular, they make clear that the existing exemption that relates to a Member who is acting exclusively in another political or public office does not extend to a Committee Chairperson who is carrying out that role. Finally, a range of minor amendments are proposed throughout the document. Those reflect the change to the Committee's name from the "Committee on Standards and Privileges" to the "Committee on Standards" following the repeal of Standing Order 70, and include a number of typographical and drafting improvements. The Committee believes that those changes will strengthen the operation of the code and guide, improve clarity for Members and the public and ensure that the Assembly standards framework remains effective, transparent and fit for purpose. I commend the report and the proposed revised code and guide to the House.
1,065 words. Text as published by the Northern Ireland Assembly.
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