Whether the lack of an appeal process in respect of procedures for reports by the Scottish Parliamentary Standards Commissioner breaches th…

The remit of the Parliamentary Standards Commissioner as set out in the Scottish Parliamentary Standards Commissioner Act 2002 (the 2002 Act) is to determine the admissibility of complaints against members, to investigate complaints and to report on the outcome of these investigations to the Parliament.
The Commissioner’s role under the 2002 Act is confined to initial investigation. It is for the Standards and Public Appointments Committee in terms of the Standing Orders of the Parliament and the Code of Conduct for Members to determine whether a complaint should be upheld and to recommend sanctions. The Parliament ultimately decides whether those sanctions should be imposed. While every effort is made to check factual matters in determining whether a complaint is admissible, no rights are conferred on a complainer to have a particular complaint investigated. Questions about the lack of appeal procedures are only therefore relevant in connection with members. However, the lack of an appeal in respect of the Commissioner’s report cannot be said of itself to be determinative of a Member’s civil rights and obligations. Article 6 ECHR rights are not directly engaged with regard to these procedures. The Scottish Parliamentary Corporate Body is satisfied therefore that the lack of an appeal procedure for reports by the Commissioner does not breach the European convention on Human Rights or Scots Law.