Code of Conduct for Members: Relationships Between MSPs

The motion

That the Parliament agrees to amend the Code of Conduct for Members of the Scottish Parliament as follows:

a) in Section 9.2, after “Equal Opportunities”, insert:

‘Relationships Between MSPs

9.2.3 The Scottish Parliament consists of both constituency and regional list MSPs. All MSPs have equal formal and legal status. Guidance on the relationships between MSPs is attached as Annexe 5’;

b) renumber all following paragraphs accordingly, and

c) as Annexe 5 to the Code, insert the following:

RELATIONSHIPS BETWEEN MSPs: GUIDANCE FROM THE PRESIDING OFFICER

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.

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.

Key principles

4. The guidance is founded on five key principles:

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 and/or 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.

5. What follows is guidance on how those principles should be applied in practice.

Dealing with individual constituents’ cases

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.

Dealing with Ministers

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 exp

No recorded vote on this motion. Most motions are never debated, and many that are debated are agreed without a division. Vote records are published from 2011.

No MSP has added their name to this motion.

No contribution in the Official Report cites S1M-01087 by reference.