Standards, Procedures and Public Appointments Committee

5th meeting 2018, Session 5 Thursday 15 March 2018 at 10am in the David Livingston Room (CR6).

Members will note that the meeting is scheduled to start at 10am but members are asked to attend at 9.50am for a pre-brief. Meeting papers and Official Reports from previous meetings

Agenda Cross-Party Group paper Correspondence

Next meeting: 29 March 2018 Future Meetings: 26 April 2018 10 May 2018 24 May 2018 7 June 2018 21 June 2018

www.parliament.scot/Standards

SPPA/S5/18/5/A

STANDARDS, PROCEDURES AND PUBLIC APPOINTMENTS COMMITTEE

AGENDA

5th Meeting, 2018 (Session 5)

Thursday 15 March 2018 The Committee will meet at 10.00 am in the David Livingstone Room (CR6). 1. Decision on taking business in private: The Committee will decide whether

to take item 4 in private. 2. Cross-Party Group: The Committee will consider an application for recognition

from the proposed Cross-Party Group on Islamophobia, and take evidence from—

Anas Sarwar, Convener of the proposed CPG on Islamophobia.

3. Cross-Party Group - approval: The Committee will decide whether to accord recognition to the proposed Cross-Party Group on Islamophobia.

4. Correspondence: The Committee will consider correspondence from James

Dornan MSP. 5. Sexual harassment and inappropriate conduct (in private): The Committee

will consider a note by the clerk.

Joanna Hardy/Alastair Macfie Clerks to the Standards, Procedures and Public Appointments Committee

Room CG07 The Scottish Parliament

Edinburgh Tel: 0131 348 6924

Email: SPPACommittee@parliament.scot

SPPA/S5/18/5/A

The papers for this meeting are as follows— Agenda item 2

Note by the clerk

SPPA/S5/18/5/1

Agenda item 4

Correspondence from James Dornan MSP

SPPA/S5/18/5/2

Agenda item 5

PRIVATE PAPER

SPPA/S5/18/5/3 (P)

PRIVATE PAPER

SPPA/S5/18/5/4 (P)

SPPA/S5/18/5/1

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Standards, Procedures and Public Appointments Committee

5th Meeting 2017 (Session 5), Thursday 15 March 2018

Cross-Party Group Application Introduction

1. In accordance with the provisions on Cross-Party Groups (CPGs) set out in section 6 of the Code of Conduct (the Code), proposals for the establishment of CPGs in the Scottish Parliament must be submitted to the Standards, Procedures and Public Appointments Committee (the Committee) for its approval. 2. There is one proposed Group for the Committee’s consideration. Proposed CPG on Islamophobia

3. The registration form submitted by the proposed Group is attached as an Annexe to this note. Consideration by the Standards, Procedures and Public Appointments Committee 4. Paragraph 18 of Section 6 of the Code states ―…one of the proposed Group’s MSP office bearers (usually the Convener) will be invited to attend a meeting of the Committee to explain the justification for the proposed Group.‖ Anas Sarwar MSP has been invited to the meeting to discuss registration of the proposed Group. Purpose 5. Paragraph 19 Section 6 of the Code states ―the Committee will pay particular attention to a proposed Group’s purpose. If the Committee considers that a proposed Group is not in the public interest but is intended, for example, to further particular commercial interests, the Group will not be accorded recognition. The Committee will also consider whether the purpose of a proposed Group overlaps the remit of an existing Group. If there is any overlap Groups are asked to provide justification as to why their aims could not effectively be achieved within an existing Group‖. 6. The stated purpose of the proposed Group is—

to bring together elected members from all political parties, agencies and individuals working on the issue of Islamophobia and anti-Muslim hatred in order to explore the nature and extent of Islamophobia in Scotland and how it can be challenged and overcome. The group recognises that the issue of Islamophobia presents specific challenges that have received relatively little attention in the Scottish context. It will seek to monitor the issue of Islamophobia in Scotland and develop strategies for tackling it. The group’s main purpose will be to inform Parliament of the work that it does in the hope of increasing awareness about racism and Islamophobia in Scotland and to ensure such matters are engaged with where necessary in policy and practice.

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7. The Group recognises that there will be common issues with other CPGs especially on Race Equality. The Group will seek to find common themes and work together where appropriate. Membership 8. Paragraph 8 of Section 6 of the Code requires group membership to include at least five MSPs, with at least one MSP from each of the parties or groups represented on the Parliamentary Bureau. The Committee has previously agreed that there should be a general waiver of this Rule in the current Session and Groups are now required to have five MSPs from the majority of parties represented on the Parliamentary Bureau. The proposed Group meets this requirement. 9. The MSP membership (by party) of the proposed Group is as follows—

1 Scottish Conservative and Unionist Party

1 Scottish Green Party

4 Scottish Labour Party

1 Scottish Liberal Democrat Party

2 Scottish National Party 10. Paragraph 9 of Section 6 of the Code entitles groups to contain members from outwith the Parliament. The proposed Group has listed 13 non-MSP member in the individual category and 38 in non-MSP member organisations. Office Bearers 11. Paragraph 10 of Section 6 of the Code requires one MSP to be Convener of the Group and there to be at least one other MSP office bearer. The proposed Group meets this requirement: Anas Sarwar MSP is the Convener of the Group and Alex Cole-Hamilton, MSP, John Finnie, MSP, Ivan McKee, MSP and Annie Wells, MSP are the Deputy-Conveners. Financial Benefits and Subscription 12. The registration form indicates that the Group will receive £7942.82 from Newcastle University and that this amount will include the travel costs and time for Newcastle University carrying out the secretariat role/ 13. The registration form also indicates that members will not be charged a subscription. Next Steps

14. At agenda item 2 the Committee is invited to discuss any aspects of the application for recognition of the proposed Cross-Party Group on Tackling Islamophobia with Anas Sarwar MSP. 15. At agenda item 3 the Committee will discuss whether to accord recognition to the proposed Group.

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Sam Currie Support Manager

Standards, Procedures and Public Appointments Committee March 2017

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CROSS-PARTY GROUP REGISTRATION FORM

NAME OF CROSS-PARTY GROUP

Cross-Party Group on Tackling Islamophobia

PURPOSE OF THE GROUP AND PROPOSED DISCUSSION TOPICS

1. Please state the purpose of the Group.

2. Please also provide a brief explanation of the purpose of the Group and why the purpose is in the public interest.

3. Please also provide details of any overlaps with the purpose of existing Cross-Party Groups and an explanation of why, regardless of any such overlap, the Group should be established.

4. Please also provide an indication of the topics which the Group anticipates discussing in the forthcoming 12 months.

1-The purpose of the Group will be to bring together elected members from all political parties, agencies and individuals working on the issue of Islamophobia and anti-Muslim hatred in order to explore the nature and extent of Islamophobia in Scotland and how it can be challenged and overcome. The group recognises that the issue of Islamophobia presents specific challenges that have received relatively little attention in the Scottish context. It will seek to monitor the issue of Islamophobia in Scotland and develop strategies for tackling it. The group’s main purpose will be to inform Parliament of the work that it does in the hope of increasing awareness about racism and Islamophobia in Scotland and to ensure such matters are engaged with where necessary in policy and practice.

2-The proposed purpose of the CPG will be to inform Parliament about the issue of Islamophobia and anti-Muslim hatred in Scotland, monitoring incidents, raising awareness and exploring ways in which it can be challenged. The CPG will be taking evidence from Police Scotland, community councils, researchers, voluntary and community groups and local Government officials.

The group can then take evidence to the Scottish Parliament for scrutiny and to develop new ideas for how to raise awareness about Islamophobia and work to challenge anti-Muslim incidents.

This Group is in the public interest as Scotland has a growing Muslim population and there has been minimal attention on the issue of Islamophobia to date. The public would be updated on Parliamentary discussions and to consider new ways to tackle Islamophobia. This would also create a platform for local residents, researchers and agencies to present their concerns and proposed solutions to Parliamentarians.

3-The proposed CPG will not overlap with other active CPGs. There will be individual CPGs whose work will be relevant to the issues that this group will focus on but there is a need to recognise the unique challenges that Islamophobia presents to Scottish society and the desire to raise awareness of this issues,

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develop a knowledge base about it and propose tailored policy solutions.

We recognise there will be common issues with other CPGs especially on Race Equality. We will seek to find common themes and work together where appropriate.

4-We have agreed to explore the following 4 themes over the next 12 months: the cooperation of Police Scotland and its role in tackling Islamophobia;; online experiences of Islamophobia; tackling anti-Muslim hatred in and through education; Islamophobia in the workplace.

MSP MEMBERS OF THE GROUP

Please provide names and party designation of all MSP members of the Group.

Neil Bibby – Scottish Labour Party Alex Cole-Hamilton – Scottish Liberal Democrats (Deputy Convenor) John Finnie – Scottish Green Party (Deputy Convenor) Mark Griffin – Scottish Labour Party Monica Lennon – Scottish Labour Party Ivan McKee – Scottish National Party (Deputy Convenor) Anas Sarwar – Scottish Labour Party (Convenor) Annie Wells – Scottish Conservative Party (Deputy Convenor) Fulton Macgregor– Scottish National Party

NON-MSP MEMBERS OF THE GROUP

For organisational members please provide only the name of the organisation, it is not necessary to provide the name(s) of individuals who may represent the organisation at meetings of the Group.

Individuals Osama Aslam Junaid Ashraf Samena Dean Khalida Hussain Zahra Hussain Tabah Khan N Rahmatulla Muhammed Abdul Aziz-Khan Dr Hosney Yosef Khursheed Iqbal Shad Tariq Ishaq Zara Mohammed Bashir Malik

Organisations Glasgow City Council CEMVO University of Glasgow Islamic Educational Trust (Cumbernauld) Kirkcaldy Central Mosque and Community Centre TellMAMA Falkirk Muslim Forum Amina MWRC Council of British Pakistanis Scotland Police Safer Communities

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Scotland Against Criminalising Communities (SACC) University of Edinburgh Pakistan Association CSREC Scottish Iraqi Association SACRO Newcastle University Craigholme School Muslim Women’s Association of Edinburgh The Ark BAMK CRER Islamic Human Rights Committee Muslim Council of Britain Dunfermline Central Mosque University of West of Scotland and SAMEE Scottish Muslim Scouts Glasgow Jewish Representative Council Fife Centre for Equalities Action for Children NFRN Dunfermline Central Mosque South Lanarkshire Labour NFRN Al-Mahdi Foundation Edinburgh Interfaith Muslim Council of Scotland Show Racism the Red Card

GROUP OFFICE BEARERS

Please provide names for all office bearers. The minimum requirement is that two of the office bearers are MSPs and one of these is Convener – beyond this it is a matter for the Group to decide upon the office bearers it wishes to have. It is permissible to have more than one individual elected to each office, for example, co-conveners or multiple deputy conveners.

Convener Anas Sarwar, MSP

Deputy Convener Alex Cole-Hamilton, MSP John Finnie, MSP Ivan McKee, MSP Annie Wells, MSP

Secretary Peter Hopkins, Newcastle University

Treasurer NONE

FINANCIAL BENEFITS OR OTHER BENEFITS

Please provide details of any financial or material benefit(s) the Group anticipates receiving from a single source in a calendar year which has a value, either singly or cumulatively, of more than £500. This includes donations, gifts, hospitality or

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visits and material assistance such as secretariat support.

£7942.82 from Newcastle University include the travel costs and time

SUBSCRIPTION CHARGED BY THE GROUP

Please provide details of the amount to be charged and the purpose for which the subscription is intended to be used.

CONVENER CONTACT DETAILS

Name Anas Sarwar MSP

Parliamentary address

M1.15

Telephone number

0131 348 5830

STATEMENT ON COMPLIANCE WITH THE CODE OF CONDUCT

I declare that the Cross-Party Group on <SUBJECT> is constituted and will comply with the terms of Section 6 of the Code of Conduct for Members of the Scottish Parliament.

Signed

Date

SPPA/S5/18/5/2

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Standards, Procedures and Public Appointments Committee

5th Meeting, 2018 (Session 5), Thursday 15 March 2018

Correspondence from James Dornan MSP

1. James Dornan MSP has written to the Standards, Procedures and Public Appointments Committee with regards to the conduct of Mark McDonald MSP.

Clerks

Standards, Procedures and Public Appointments Committee

March 2018

SPPA/S5/18/5/2

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Clare Haughey MSP 12th March 2018

Convener

Standards, Procedures & Public Appointments Committee

SPPA.Committee@parliament.scot

To the Convener of Standards, Procedures and Public Appointments Committee,

I wish to lodge a formal complaint against a Member of the Scottish Parliament –

namely Mark McDonald. I have a member of staff who was a targeted victim of

harassment and sexual innuendo at the hands of this member. This member of staff

would like to remain anonymous, if possible, to prevent any further hurt or distress.

My staff member first approached me to tell me of her distress at the end of 2016. I

encouraged her to take it further but as Mr McDonald was a Government Minister at

the time she was both afraid and anxious at the prospect. My staffer kept me

informed of any contact from Mr McDonald and it was only at her insistence that I did

not take this further. Mr McDonald sent her highly inappropriate messages on social

media, which my staff member immediately showed me. I also witnessed him show

unwanted attention within the Parliament grounds on a number of occasions. On one

occasion I had to leave an event I was hosting to escort my staff member to a

waiting car as she was sure Mr McDonald was waiting for her. As we left the building

he was standing close to the exit, and I have no doubt he was indeed waiting for her.

When the “Weinstein” allegations started to break my staff member reported Mr

McDonald to the Scottish National Party; the change in the perceived public

response to victims helped enable her to do so.

The party has since conducted an investigation, including an investigation into

allegations from other staffers, and Mr McDonald has since resigned from the SNP,

left the SNP parliamentary group and his position as a Government Minister.

However, Mr McDonald has now indicated that he will be returning to the Scottish

Parliament. In my view having Mr McDonald in the same workplace as his victims

would be clear negation of the duty of care that the parliament has to all its members

of staff. In any other workplace I would expect my staff member to be protected from

this kind of behaviour and the Scottish Parliament should be no exception.

In July 2017 my staff member became so unwell due to stress she was admitted to

Wishaw General Hospital with a stroke, she then spent several months rehabilitating

and six months off of her work, which had a massive impact on my office and on her

life. It would be wrong of me not to mention that she was under other extreme

pressure, but this was compounded by a Member who should have known better

and who, in my opinion, used his position to harass her. I have a duty of care to all

my members of staff and subjecting them to work with someone who has admitted to

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wrongful behaviour just feels out of the question. Something must be done to ensure

her and others safety, and that her well-being and mental health is protected.

I look forward to your committee giving this matter speedy and serious consideration,

and would appreciate a timely response on this pressing matter.

Kind Regards,

James Dornan MSP

Glasgow Cathcart constituency