29 March 2011
This section provides for there to be a Northern Ireland Assembly Commissioner for Standards (“the Commissioner”).
This section sets out the Commissioner’s functions as being to receive and investigate complaints and other issues concerning Members, to initiate investigations and to report the outcome to the Assembly. The Commissioner may also be asked to give advice on matters of general principle.
This section provides that the exercise of the Commissioner’s functions is not subject to direction or control by the Assembly. That is subject only to procedural and administrative directions given under section 24.
This section provides for the Commissioner to be appointed by the Assembly for a term of five years. A person may only be appointed to serve as Commissioner once. The Assembly will be responsible for ensuring that the Commissioner is appointed by way of fair and open competition and for determining appointment criteria and the terms of appointment.
This section applies Schedule 3, which lists the persons who are disqualified from being appointed or serving as the Commissioner.
This section provides for the circumstances in which the Commissioner will cease to hold appointment or may be dismissed. Under certain circumstances, the Commissioner will automatically cease to hold office. The Assembly may also by resolution dismiss the Commissioner.
This section applies Schedule 4, which makes administrative provision about the Commissioner.
This section enables the Assembly to appoint an Acting Commissioner to discharge any or all of the Commissioner’s functions if for some reason the Commissioner is unable to act. The section will allow for the Commissioner and the Acting Commissioner to operate at the same time, but handling different cases. The disqualifications applicable to the Commissioner will apply also to the Acting Commissioner and the section also provides for the Acting Commissioner’s resignation and removal.
This section enables the Assembly to give the Commissioner directions regarding general procedures and compliance with standards, codes of conduct and registration of interests. There is an overriding restriction to prevent directions from interfering with any specific investigation.
This section provides for the Commissioner to determine the procedure and timing for any specific investigation and reporting its outcome to the Assembly.
The Assembly will be able to request the Commissioner to carry out further investigations.
This section provides that a report by the Commissioner may make recommendations, but will not be able to recommend the imposition of a specific sanction on any Member. The section also provides for reports to be published.
This section enables the Commissioner to require witnesses to attend and give evidence or to provide documents. This section is subject to the same limitations as apply to the Assembly’s power to call for witnesses and documents under section 44 of the 1998 Act. A prospective witness will not be obliged to answer a question or produce a document which would not have to be answered or produced in court.
This section sets out the procedure by which the requirements in section 28 are communicated to witnesses.
This section provides for the taking of oaths or affirmations by witnesses.
This section creates a number of offences in relation to refusals to provide or otherwise failing to give evidence in accordance with a request under section 28. It would also be an offence to refuse to take an oath or make an affirmation under section 30. In the case of refusals to attend, give evidence or produce documents, the section provides for a defence of reasonable excuse. Maximum penalties for an offence under this section will be a fine up to level 5 (£5,000) on the standard scale or three months’ imprisonment.
This section provides that, for the purposes of the law of defamation, statements by the Commissioner will attract absolute privilege and statements to the Commissioner will have qualified privilege.
This section provides that information disclosed to the Commissioner in the course of an investigation will not be disclosed by or on behalf of the Commissioner except for the purpose of enabling the Commissioner to discharge functions or in connection with the investigation or prosecution of an offence.