Page 4078 - Week 13 - Thursday, 31 October 2013
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(8) If a Member—
(a) receives a complaint about the Speaker pursuant to paragraph (7); and
(b) believes there are reasonable grounds for the complaint;
the Member may refer the matter to the Deputy Speaker.
(9) If a Member of the Assembly, on their own initiative, believes on reasonable grounds that the Speaker has not complied with the Members’ Code of Conduct or the rules relating to the registration or declaration of interests, the Member may refer the matter to the Deputy Speaker.
(10) If the Deputy Speaker—
(a) receives a complaint about the Speaker pursuant to paragraphs (8) or (9); and
(b) believes there are reasonable grounds for the complaint;
the Deputy Speaker may refer the matter to the Commissioner for investigation and report.
(11) In exercising the functions of Commissioner, the following must be observed—
(a) Subject to paragraphs (b) and (c), the Commissioner must not conduct an investigation into a complaint nor make any report in relation thereto unless the Commissioner is satisfied—
(i) there are reasonable grounds for the complaint; and
(ii) the complaint is not frivolous, vexatious or only for political advantage.
(b) If the Commissioner refuses to conduct an investigation into a complaint made to the Speaker about a Member, the Commissioner must write to the Speaker indicating that the investigation would not be conducted and a report would not be made and stating the reasons therefore. The Speaker must give a copy of the letter to the complainant and the Member about whom the complaint was made.
(c) If the Commissioner refuses to conduct an investigation into a complaint about the Speaker referred by the Deputy Speaker, the Commissioner must write to the Deputy Speaker, indicating that the investigation would not be conducted and a report would not be made and stating the reasons therefore. The Deputy Speaker must give a copy of the letter to the Speaker and to the Member who referred the matter to the Deputy Speaker.
(d) The Commissioner must not make a report to the Committee if the Member or the Speaker about whom the complaint was made has agreed that he or she has failed to register or declare an interest if—
(i) in the Commissioner’s opinion the interest involved is minor or the failure was inadvertent; and(ii) the Member concerned has taken such action to rectify the failure as the Commissioner may have required within any procedure approved by the Committee for this purpose.
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