CONDUCT of MEMBERS of the SCOTTISH PARLIAMENT Report by the Scottish Parliamentary Standards Commissioner to the Scottish Parliament on complaint no. 10C/09 Complainer :- Mr Ian Gemmell Respondent :- Kenneth James Gibson MSP 28 September 2010 ANNEXE A: REPORT FROM THE SCOTTISH PARLIAMENTARY STANDARDS COMMISSIONER AND ASSOCIATED ANNEXES
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ANNEXE A: REPORT FROM THE SCOTTISH PARLIAMENTARY …2.1 The complainer (“the complainer”) is Mr Ian Gemmell and his complaint is about Mr Kenneth J Gibson, MSP (“the respondent”).
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CONDUCT of MEMBERS of the SCOTTISH PARLIAMENT
Report by
the Scottish Parliamentary Standards Commissioner
to
the Scottish Parliament
on
complaint no. 10C/09
Complainer :- Mr Ian Gemmell
Respondent :- Kenneth James Gibson MSP
28 September 2010
ANNEXE A: REPORT FROM THE SCOTTISH PARLIAMENTARY STANDARDSCOMMISSIONER AND ASSOCIATED ANNEXES
Commissioner: D. Stuart Allan 44 Drumsheugh Gardens
Report on complaint no. 10C/09 to the Scottish Parliament
Complainer :- Mr Ian Gemmell
Respondent :- Kenneth James Gibson MSP
1.0 Introduction 1.1 The Code of Conduct for Members of the Scottish Parliament (“the Code”) has been
approved by the Scottish Parliament under its Standing Orders to provide a set of principles and standards for its Members.
1.2 Other relevant provisions relating to the conduct of MSPs include the Interests of
Members of the Scottish Parliament Act 2006 (“the 2006 Act”)1 and the Parliament’s standing orders.
1.3 For the purpose of this complaint, the relevant editions of the Code are editions 3 and 4
which were approved by the Parliament in May 2007 and in March 2009 respectively2. 1.4 The regulation of the Code and of the other relevant provisions relating to conduct is
undertaken in terms of the Scottish Parliamentary Standards Commissioner Act 2002 (“the 2002 Act”)3.
1.5 This Report is submitted to the Parliament in terms of section 9 of the 2002 Act.
1 http://www.opsi.gov.uk/legislation/scotland/acts2006/asp_20060012_en_1 2 http://www.scottish.parliament.uk/msp/conduct/index.htm (edition 4 of the Code) 3 http://www.opsi.gov.uk/legislation/Scotland/acts2002/asp_20020016_en_1
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2.0 Complaint 2.1 The complainer (“the complainer”) is Mr Ian Gemmell and his complaint is about Mr
Kenneth J Gibson, MSP (“the respondent”). 2.2 Mr Gibson is the MSP for Cunninghame North and is a member of the Scottish National
Party. 2.3 The complaint alleges that the respondent has failed to include information about his
interests in heritable property he owns in Glasgow in the Register of Interests of Members of the Scottish Parliament and that by failing to do so the respondent has breached provisions of the Interests of Members of the Scottish Parliament Act 2006 and of section 2 of volume 2 of the Code requiring the registration of such interests.
2.4 The letter of complaint (received 14 September 2009) is attached as Appendix 1.4 2.5 The complainer has also explained he is not a member of a political party although he is
a trade unionist. 2.6 The relevant provisions in relation to this complaint are as follows :-
Interests of Members of the Scottish Parliament Act 2006
Section 3 Initial Registration of Registrable Interests
(1) Each member shall register— (a) any registrable interest which that member had on the date on which that member was returned; and
(b) any registrable interest which that member had before that date but which that member no longer had on that date, if that interest meets the prejudice test,
or declare that the member had no such interest.
(2) An interest meets the prejudice test if, after taking into account all the circumstances, that interest is reasonably considered to prejudice, or to give the appearance of prejudicing, the ability of the member to participate in a disinterested manner in any proceedings of the Parliament.
(3) A member shall comply with subsection (1) by lodging with the Clerk, not later than the relevant date, a written statement or, as the case may be, a written declaration.
(4) The relevant date for the purposes of subsection (3) is the date which is 30 days after the date on which the member has taken the oath of allegiance or made a solemn affirmation in accordance with section 84(1) of the 1998 Act.
4 The letter has been redacted to exclude matters that do not form part of this complaint.
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Section 4 Written Statement
(1) A written statement shall be in such form as the Parliament may determine.
(2) A written statement shall contain such information about the interest or relating to it as the Parliament may determine.
(3) The Parliament may make different determinations under subsections (1) and (2) for different kinds of interests.
(4) The member may also include in the written statement such other information relating to the interest as the member wishes to disclose in the register.
(5) Within 30 days after a member has lodged with the Clerk a written statement in accordance with section 3, 5, 6 or 7, the Clerk shall—
(a) register that statement in the entry relating to the member in the register together with the date on which the statement was lodged; and
(b) send a copy of that entry to the member.
Section 5 Registration of registrable interests acquired after date of return
(1) This section applies where a member acquires a registrable interest after the date on which the member was returned.
(2) Within 30 days after the date on which the member acquired that interest, that member shall register that interest by lodging a written statement with the Clerk.
Section 6 Late registrations
(1) This section applies where a member becomes aware that a registrable interest which ought to have been registered by that member in accordance with section 3 or 5 has not been so registered.
(2) Within 7 days of becoming so aware, the member shall register that interest by lodging a written statement with the Clerk.
Section 17 Offences
(1) In subsection (6)(a) of section 39 of the 1998 Act, the reference to any provision made in pursuance of subsection (2) or (3) of that section is a reference to any provision made by or under any of the following sections of this Act— (a) section 3, 5 or 6 so far as it relates to a registrable financial interest; (b) section 13 so far as it relates to a declarable financial interest; (c) section 15 so far as it relates to a registrable financial interest or declarable financial interest; and (d) section 16 so far as it relates to a failure to comply with, or a contravention of, any such provision.
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(2) In subsection (6)(b) of section 39 of the 1998 Act, the reference to any provision made in pursuance of subsection (4) of that section is a reference to any provision made by or under either of the following sections of this Act— (a) section 14; and (b) section 16 so far as it relates to a failure to comply with, or a contravention of, any such provision.
Schedule Registrable Financial Interests
Heritable property 8 (1) Where a member owns or holds, or has owned or held, any heritable property
and sub-paragraph (2) applies. (2) This sub-paragraph applies where either— (a) the market value of the heritable property, at the relevant date, exceeds 50 per cent of a member’s salary on that date (rounded down to the nearest £10); or (b) the gross income from the heritable property for the period of twelve months prior to the relevant date is greater than such amount as the Parliament may determine. (3) Sub-paragraph (1) applies to heritable property which a member owns or holds, or has owned or held— (a) solely in his or her own name; (b) jointly with any other person or body; or (c) as a trustee, whether or not jointly with other trustees, where the member has an interest as a beneficiary of the trust. (4) Sub-paragraph (1) does not apply to heritable property— (a) which is used as a residential home by the member or the member’s spouse, civil partner or cohabitant; (b) which was used as a residential home by the member or the member’s spouse, civil partner or cohabitant but which, for a period of not more than 12 months, is or was unoccupied and for sale; or (c) which forms part of the assets of a partnership and any income from that partnership is, or forms part of, the remuneration registered under paragraph 2 of this schedule. (5) Where a member has ceased to own or hold any heritable property before the date on which the member was returned as a member, the relevant date is the date when the heritable property ceased to be so owned or held. (6) Where a member owned or held any heritable property at the date on which the member was returned as a member, the relevant date is— (a) that date; and (b) the 5th April immediately following that date and in each succeeding year, where the heritable property continues to be so owned or held on that 5th April.
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(7) Where a member becomes the owner of or acquires any heritable property after the date on which that member was returned as a member, the relevant date is— (a) the date on which the member became the owner of or acquired that heritable property; and (b) the 5th April immediately following that date and in each succeeding year, where the heritable property continues to be so owned or held on that 5th April.
Scotland Act 1998
Section 39 Members’ interests
(1) Provision shall be made for a register of interests of members of the Parliament and for the register to be published and made available for public inspection. (2) Provision shall be made— (a) requiring members of the Parliament to register in that register financial interests (including benefits in kind), as defined for the purposes of this paragraph, (b) requiring that any member of the Parliament who has a financial interest (including benefits in kind), as defined for the purposes of this paragraph, in any matter declares that interest before taking part in any proceedings of the Parliament relating to that matter. (3) Provision made in pursuance of subsection (2) shall include any provision which the Parliament considers appropriate for preventing or restricting the participation in proceedings of the Parliament of a member with an interest defined for the purposes of subsection (2)(a) or (b) in a matter to which the proceedings relate. (4) Provision shall be made prohibiting a member of the Parliament from— (a) advocating or initiating any cause or matter on behalf of any person, by any means specified in the provision, in consideration of any payment or benefit in kind of a description so specified, or (b) urging, in consideration of any such payment or benefit in kind, any other member of the Parliament to advocate or initiate any cause or matter on behalf of any person by any such means. (5) Provision made in pursuance of subsections (2) to (4) shall include any provision which the Parliament considers appropriate for excluding from proceedings of the Parliament any member who fails to comply with, or contravenes, any provision made in pursuance of those subsections. (6) Any member of the Parliament who— (a) takes part in any proceedings of the Parliament without having complied with, or in contravention of, any provision made in pursuance of subsection (2) or (3), or (b) contravenes any provision made in pursuance of subsection (4), is guilty of an offence. (7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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(8) In this section— (a) “provision” means provision made by or under an Act of the Scottish Parliament, (b) references to members of the Parliament include references to the Lord Advocate and the Solicitor General for Scotland, whether or not they are such members. The Interests of Members of the Scottish Parliament Act 2006 (Form and Content of Written Statement) Determination 2007 (see footnote 2) Para 2 Interpretation Para 3 Form of Written Statement Para 4 Content of Written Statement Annexe Register of Interests of Members - Statement of Interests Code of Conduct for MSPs Volume 2(see footnote 2) Section 1 Registration of Interests Registration of interests acquired after date that the member is returned 1.2.11 Where an interest is acquired after the initial registration, the procedure is largely the same as for initial registration. A member must register an acquired interest by lodging a further written statement within 30 days after the date of acquisition (section 5 of the Act). The form of written statement is again the same as that provided for initial registration but in this case the member fills in only the information relating to the acquired interest.
Late Registration 1.2.13 Where a member has omitted to register an interest, for example due to an oversight or misunderstanding, the member must register that interest within seven days of the member becoming aware that registration was required. Once again, the member does this by filling in the required information relating to the overlooked interest in a written statement in the same form as provided for initial registration and lodging that form with the Standards clerks. It should be noted that the obligation to register such an interest persists even where the member has subsequently disposed of the interest if the prejudice test is met.
Section 2 Categories of Registrable Interests Para 2.8: Heritable property – schedule, paragraph 8. (as printed above under reference to the schedule to the 2006 Act).
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3.0 Response 3.1 The respondent submitted a response to the complaint (dated 11 October and received
14 October 2009) which is attached as Appendix 2 5. He states that he bought the property on 31 March 2008, but did not then register his interest in the property in the Register of Interests.
3.2 He asserts that until a few weeks before (that is a few weeks before 11 October 2009 -
see appendix 2) he was unaware he should register “heritable property” where no taxpayers’ money is involved and so he never gave it a thought.
4.0 Admissibility of the complaint and subsequent proceedings 4.1 This complaint – in so far as it related to the alleged failure of the respondent to register
his interests in heritable property in Glasgow - was stated simply and succinctly. The complainer also provided further information at my request. I also had the benefit of information relating to the land registration of the property.
4.2 I also had the benefit of an explanation from the respondent of his interests in the
property. The respondent also provided further information at my request and I met with him to clarify a number of matters.
4.3 These enabled me to be sufficiently informed to consider the admissibility of the
complaint. 4.4 Stage 1 of the investigation of a complaint requires an assessment of the admissibility of
a complaint. In assessing admissibility, the key tests are whether the complaint is relevant, whether the complaint meets the requirements for form, content and execution and whether the complaint warrants further investigation if it appears after an initial investigation that the evidence is sufficient to suggest that the conduct complained about may have taken place.
4.5 In this complaint, it was appropriate to consider admissibility in respect of the property
referred to in the complaint and the interest which the respondent may have had in that property.
4.6 On 22 December 2009 I found that the complaint met the tests of admissibility and I,
therefore, wrote to the complainer, the respondent and the Standards, Procedures and Public Appointments Committee to that effect.
4.7 I was satisfied that the respondent had committed the conduct complained of and that
the conduct would, if proved, constitute criminal offences in terms of section 39(6)(a) of the Scotland Act 1998 and sections 5, 6 and 17(1)(a) of the 2006 Act.
5 The letter has been redacted to exclude matters that do not form part of the response to this complaint.
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Accordingly, in terms of direction 14 of the Scottish Parliamentary Standards Commissioner Act 2002 (Procedures, Reporting and Other Matters) Directions 2002, on 22 December 2009, I – (a) suspended investigation and consideration of the complaint; (b) submitted a report to the Procurator Fiscal; and (c) notified the Standards, Procedures and Public Appointments Committee of the
Parliament. 4.8 On 11 August 2010 (received 17 August), the Procurator Fiscal wrote to me advising she
had now received Crown Counsel’s instruction in relation to this case. Crown Counselhad reached the view that prosecution was not necessary in the public interest, having regard to the nature of the breach in this case. She, therefore, referred the matter back to me for consideration. Her letter is attached as Appendix 3.
4.9 I therefore proceeded to Stage 2 of the investi gation into the complaint in order to report
to the Parliament. 5.0 Draft Report 5.1 Following the investigation I submitted my draft Report to the respondent on 2
September 2010 and invited his representations. 5.2 He replied by e-mail on 23 September 2010 and his e- mail and my reply are set out as
Appendix 4 . No change has been made to the draft Report other than by noting the respondent’s e-mail of 23 September and my reply.
6.0 Findings and conclusions Findings 6.1 Having completed the investigation in this case and considered the respondent’s
representations, I have found that the material facts are:-
(i) the respondent, Mr Kenneth J Gibson, was elected as a Member of the Scottish Parliament in May 2007 and he represents the constituency of Cunninghame North.
(ii) after his election in May 2007, the respondent - on 21 May 2007 - lodged with the
Clerk of the Parliament a written statement as the initial registration of his registrable interests as required by section 3 of the 2006 Act. He provided further written statements of registrable interests on 13 September 2007, 2 July 2009 and 30 October 2009. He gave a written notice requiring the deletion of a ceased interest on 10 June 2008. The written statements and the written notice are attached as Appendix 5. No other written statements or written notices had been lodged by the respondent with the Clerk as at 2 September 2010.
(iii) the respondent has had interests in a property, known as
Glasgow (the “property”), the details of which are -
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(a) the respondent bought this property, with entry, on 31 March 2008 and he continued to own it as at 2 September 2010. (b) the purchase price was £230,000 and there is a standard security over the property in favour of the Bank of Scotland PLC. The purchase price can reasonably be taken to be the market value of the property as at 31 March 2008 (being the date on which the respondent acquired the property), 5 April 2008 (being the immediate 5 April following the acquisition) and 5 April 2009 and 5 April 2010 (being the dates where he continued to own the property on 5 April in succeeding years) for the purpose of paragraph 8 (2) of the schedule to the 2006 Act. The market value has, on all relevant dates, exceeded 50 per cent of a member’s salary on these dates. (c) the respondent lets out the property, which is a house flat, to tenants at a rent of £650 per month. The tenants are responsible for paying council tax and utilities charges and the respondent pays for repairs and maintenance. The first let commenced on 1 July 2008 and ended on 31 December 2008. The second let ran from February 2009 to November 2009. The third let (which is continuing) commenced in February 2010. (d) the respondent had registrable financial interests in the property in terms of paragraphs 1 and 8 (1) to (3) of the schedule to the 2006 Act. (The exclusions to the definition of heritable property set out in paragraph 8 (4) of the schedule to the 2006 Act6 do not apply). (e) not later than 1 May 2008 (that is within 30 days after the date on which the respondent acquired his interest as owner of the property) the respondent was required7 to register that interest in the Register of Interests8 by lodging a written statement with the Clerk of the Parliament. (f) not later than 1 August 2008 (that is within 30 days after the date when the property was first let) the respondent was required9 to register his interest as lessor of the property in the Register of Interests by lodging a written statement with the Clerk. (g) the respondent did not register his interests in this property in the Register of Interests until 30 October 2009. The details of the registration are given in the e-mail from the respondent to the Standards Clerks dated 30 October 2009 as set out in Appendix 5. (h) by no later than 11 October 2009, as a result of the investigation, the respondent was aware that his interests in this property should have been
6 see paragraph 2.6 above 7 in terms of section 5 of, and paragraphs 1 and 8 (1) to (3) of the schedule to, the 2006 Act as read with the Interests of Members of the Scottish Parliament Act 2006 (Form and Content of Written Statement) Determination 2007 8 the Register of Interests of Members of the Scottish Parliament (section 1 (1) of the 2006 Act) 9 as footnote 7
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registered in the Register of Interests. He acknowledged his awareness in his response of that date to me on the complaint (Appendix 2 refers). (i) an extract of the relevant entry relating to the respondent’s purchase of the property in the Land Register of the Registers of Scotland is attached as Appendix 6.
(iv) during the period from 1 May 2008 to 30 October 2009, the respondent regularly attended proceedings of the Parliament, the first occasion during that period being on 1 May 2008. The respondent's attendances at proceedings of the Parliament during the period are listed in Appendix 7.
Conclusions
6.2 I have concluded that the respondent was required, in terms of section 5 of, and paragraphs 1 and 8 (1) to (3) of the schedule to, the 2006 Act and paragraphs 1.2.11 and paragraph 2.8 of section 2 of the Code10, to register his interests in the property,
Glasgow, (i) as owner no later than 1 May 2008 and (ii) as lessor no later than 1 August 2008 in the Register of Interests but he did not do so. He did do so on 30 October 2009. Accordingly, the respondent was, by failin g to register his interests in the property timeously, in breach of the relevant provisions of the 2006 Act and the Code.
6.3 I have also concluded that the respondent was, in terms of section 6 of the 2006 Act and paragraph 1.2.13 of section 1 of the Code11, on becoming aware not later than 11 October 2009 that he had registrable interests in the property which ought to have been registered and had not been registered, required within 7 days of becoming so aware, namely by 19 October 2009, to register his interests in the property in the Register of Interests but he did not do so. He did register his interests in the property on 30 October 2009. Accordingly, the respondent was, by failing to register his interests in the property as a late registration timeously, in breach of the relevant provisions of the 2006 Act and the Code.
D. Stuart Allan Scottish Parliamentary Standards Commissioner. 28 September 2010.
10 in both editions 3 and 4 of the Code as read with the Interests of Members of the Scottish Parliament Act 2006 (Form and Content of Written Statement) Determination 2007 11 edition 4 of the Code
APPENDIX 1
Stuart Allan The Parliamentary Standanls CommiS.,Sl..•oner.-;...... The Scottish Parliament '
_ IBIlGemmell
Edinburgh BH991SP 14SEP 2(11 Ayrshire
Dear Sir, OFFICE Of SPSO I am writing to you to complain that Mr Kenneth Gibson MSP bas, in my opinion, breached the MSP code ofconduct.
- - . I also noted that Mr Gibson had not declared any heritable property dC$9ite the fact that ] understand he owns a property in Glasgow' which is rented to a tenant. IfMr Gibson and his wife do reside in rented property in Kilbimie-a fact doubted locally- then why has be not registeJal his interest in the other properties owned by him and his wife and any income generated from either?
His Dilure to do so breaches PamwaPb 2.8: Heritable property - schedule, paragraph 8 oftbe Register ~
of the Code ofCondUd for MSP's
- "This letter has been redected to exclude matters that dO not form part of this complaint.
I would ask that you conduct a full investigation. into this matter to ensure that there is complete transparency in relation to Mr Gibson's actions and complete disclosure of all Mr Gibson's interests, registered previously or otherwise,
Yours sincerely
letter has been redacted to exclude matters that do not form part of this complaint.
~~ Itt/ IO
APPENDIX 2
Sunday 11 October 2009
Mr D Stuart Allan Scottish Parliamentary Standards Commissioner The Scottish Parliament Edinburgh EH991SP
Dear Mr Allan,
Complaints Brought By North Ayrshire and Arran Labour Party
Thank you for your letter of 30 September regarding the above.
points are raise~ in you~ letter and I am happy to answer each in turn:
This lette~has been r~d!lct~d to exclud~ matters that do not form part of this complaint.
This letter has been redacted to exclude matters that do not form part of this eomplaint•.
Register of Interests
I own a flat in Glasgow which I bought in 2008, It is rented out to a young woman her child and, no, it has not been declared in my Register of Interests. It is however, registered as a rental property under the Landlord Registration Scheme.
Until a few weeks ago, I was not aware that I should register 'heritable property' where no taxpayers money is involved and, so I never gave it a thought.
My wife has pressed me to register for some weeks but I have never considered it particularly urgent, given other more immediate priorities, such as the fact she is expecting our first baby in two days. However, I will declare the property as soon as possible. Failure to do so can lead. I understand, to sWingeing tax penalties when one tries to sell, so I would be daft not too, even if it was not a specific requirement.
. This letter has been redacted to exclude matters that do not form part of this complaint.
Please do not hesitate to contact me again should you require further information regarding these, or any other related matters.
Yours sincerely,
Kenneth J Gibson MSP Cunninghame North
Ene
This letter has been redacted to exclude matters that do not form part of this complaint.
APPENDIX 3
Crown Office and Procurator Fiscal Service Procurator Fiscal's Office, 29 Chambers street, Edinburgh, EHIILB Lothian and Borders Area
Ms M McLaughlin, Area Procurator Fiscal
Mr D Stuart Allan Tel: 0131 2433188 Scottish Parliamentary Standards Commissioner RNID Typetalk prefix: 18001 44 Drumsheugh Gardens Fax: 0131 2433373 Edinburgh DX Address: ED550315
CODE OF CONDUCT FOR MEMBERS OF THE SCOTTISH PARLIAMENT COMPLAINT AGAINST KENNETH J GIBSON MSP
I refer to previous correspondence, most recently your letter of 9 JUly 2010.
I have now received Crown Counsel's instruction in relation to this case. Crown Counsel has reached the view that prosecution is not necessary in the public interest, having regard to the nature of the breach in this case. I therefore refer the matter back to you for consideration.
I am happy to discuss if that would be helpful.
Yours sincerely
M McLAUGHLIN Area Procurator Fiscal
....:.... () The Scottish ...... Government www.copfs.gov.uk lJrWESTOR IN peOPLE
APPENDIX 4 Reply from Respondent on draft Report dated 23 September 2010 From: Gibson K (Kenneth), MSP Sent: 23 September 2010 17:32 To: Standards Commissioner Subject: FW: Code of Conduct for Members of the Scottish Parliament Importance: High Sensitivity: Confidential Thank you. I have read each of the attached reports. I have no comment to make except to wonder why my voting record was attached. I’m not really sure of its relevance. Best wishes, Kenneth J Gibson MSP Cunninghame North Parliamentary Office: 15 Main Street Dalry Ayrshire KA24 5DL Tel: 01294 833 687 Holyrood Office: The Scottish Parliament Edinburgh EH99 1SP Tel : 0131 348 6536 Fax: 0131 348 6539
Reply from Scottish Parliamentary Standards Commissioner to the Respondent dated 27 September 2010 From: Allan S (Stuart) Sent: 27 September 2010 15:46 To: Gibson K (Kenneth), MSP Subject: FW: Conduct of Members of the Scottish Parliament - Complaint no. 10C/09 Importance: High Sensitivity: Confidential Kenneth J Gibson MSP The Scottish Parliament Edinburgh EH99 1SP Dear Mr Gibson I refer to your e-mail of 23 September and note you have no comments on the draft Report. You ask why your voting record in the Scottish Parliament has been attached. The record is attached for information to show, having regard to the provisions of section 39(6) of the Scotland Act 1998, when you had taken part in proceedings of the Parliament during the period from 1 May 2008 to 30 October 2009 (being the period when you had not registered your interests in the property referred to in the Report). I do not intend, therefore, to amend the draft Report (other than to note the terms of your e-mail of 23 September and this response), and shall now proceed to submit my report to the Parliament. Yours sincerely
Stuart Allan Scottish Parliamentary Standards Commissioner 44 Drumsheugh Gardens Edinburgh EH3 7SW Tel: 0300 011 0550
-----------APPENDIX 5 .-
r., ,,, ,, , ~ 20NOV2lX!1 The Scot t ish DFFICf SF "'rParlialnent
Stuart Allan RoomTG.01 Scottish Parliamentary Standards EDINBURGH Commissioner EH991SP 44 Drumsheugh Gardens Edinburgh Tel: 0131 3485239 EH37SW Fax: 0131 3485088
In response to the matters raised in your letter dated 6 November 2009, I have enclosed copies of all written statements and notices relating to the Register of Interests lodged with the Clerk by Kenneth Gibson MSP since May 2007.
In your letter you requested copies of the original statements and notices signed by Mr Gibson. For the purposes of maintaining the Register of Interests. we accept information sent directly from a Member's Parliamentary a-mail account as equivalent to the prOVision of a signed hard copy statement or notice and this is reflected in the enclosed information.
In relation to the second matter raised in your letter, we have no record of Mr Gibson having sought, or been offered, advice from the Standards Clerks in respect of the registration of interests relating to heritable property,
Yours sincerely
1~ Alison Walker ", Joint Clerk to the Standards. Procedures and Public Appointments Committee
Walker AE (AU.on)..... --
From: Gibson K (Kenneth), MSP Sent: 30 October 200912:07 To: Standards Clerks SubJecl: Register of Interests - Heritable Property
Hi,
, would like to register a flat I own in GlasQow.
The market value is between £200,001 and £250,000.
I receive income from this property of between £5,001 and £10,000 per annum but make a net loss of around £5,000 per annum.
,.,..Please let me know if you require any further information.
Best wishes,
Kenneth J Gibson MSP Cunninghame North
Parliamentary Office:
15 Main Street DaIry Ayrshire KA2450L
Tel: 01294 833 687 Holyrood Office:
,-The Scottish Parliament Edinburgh EH991SP
Tel: 0131 348 6536 Fax: 0131 3486539
1
From: Graham M (Malcolm) Sent: 02 July 200915:00 To: Fergus5OI1 CL (Catherine) Subject: FW: Register of Interests
Catherine,
As discussed.
Both Steven 5 and Dorothy S are on leave and out-of-offiee-assistant explains why it came to me.
..,To: GrahMI M(~m) ,- "Subject: fW: Register or Interests
Malcolm,
Please see below!
Cheers,
Kennelh
····-anginal Message-· From: Gibson K (Kenneth), MSP sent: 02 JuIv 2009 14:35 To: Sneddon D(Dorothy) Subject: FW: Register of Interests
~DorothY,
In Steven's absence. please see below.
Best wishes.
Kenneth
...·{)riginal Message-". from: GIbson K(Kenneth), MSP sent: 02 Julv 2009 14:34 To: Sutherland S (Steven) Subject: Reglster or Interests
Sleven,
I would like to register a £35 bottle of 15 year old Glenfiddich Malt, given to me last night, 01 July, by the Save our Regional Park Campaign.
Best wishes,
Kenneth J Gibson MSP Cunninghame North
Parliamentary Office:
15 Main Street Dairy Ayrshire KA24 SOL
Tel: 01294 833687 Holyrood Office:
The Scottish Parliament Edinburgh EH991SP
Tel: 0131 3486536 Fax: 0131 3486539
2
!!!iusson CL (Catherlne) _
From: Fricker S (Stephen) Sent: 10 June 2008 12:49 To: Sutherland J (Jane); Baxendine G (Gillian); Dinsdale ME (Mary); Fergusson CL
(Catherine) Subject: FW Register of Interest
Any takers on this one?
In the interests of continuity. and development, I'd be quite happy to 'shadow' whoever takes this forward. Will issue a courtesy e-mail to Mr Gibson advising that someone will contact him in due course.
Thanks
Stephen
-···OngInal Message-···· ".,. From: Gibson K (Kenneth), MSP
Sent: TuesdaV, June 10, 2008 12:28 PM To: Fncker S(Stephen) Subject: Register or Interest
Dear Stephen,
On my Register of Interests it states that I am an un-remunerated director of Daken-Gibri Limited. This company has not existed now since late last year. Can it therefore be removed from my Declaration of Interests?
Thanks!
Kenneth J Gibson MSP Cunninghame North
Parliamentary OffICe:
". 15 Main Street Dairy Ayrshire KA2450l
Tel: 01294833687 Fax: 01294 835662
Holyrood Office:
The Scottish Parliament Edinburgh EH991SP
Tel: 0131 3486536 Fax: 0131 3486539
From: Gibson K (Kenneth), MSP Sent: 13 September 200716:09 To: Sutherland J (Jane) Subject: RE: Register of Interests
Jane,
Thank you for this.
i) Date of visit: 8-11 September
ii) Destination: 81anes, (one night), Barcelona, (two nights) and Riudecanyes (one night). All in
,.
Catalunya.
iii) Purpose of visit: To explain the current political situation in Scotland and any parallels with Catalunya; to work for the furtherance of the Nationalist in Catalunya by encouraging co-operation between them in the pursuit of Catalan Independence.
iv) The costs of the flight out and first three days were met by the Esquerra Party of Catalunya. The fourth day and return flight by the council of Riudecanyes.
v) Costs of visit: £500 approximately.
vi) I also wish to register gifts of a Barcelona football strip, books on Riuclecanyes and the Costa Dorada, a bottle of olive oil and a poster commemorating the victory of St Mirren in the tournament to inaugurate the opening of Barcelona's Camp Nou stadium. The financial value of this: approximately £60. .
Please led me know if you require any further information.
Best wishes,
..Kenneth J Gibson MSP ""-'Cunninghame North
Kenny,
Further to your telephone call please find detailed below the information you are required to provide in relation to Overseas visits.
(i) Date of visit
(ii) Destination
(iii) Purpose of visit
(iv) Name of person or organisation who met any of the costs of the visit
(v) Costs of visit
--" - .- ------ _." ._. -------------------------
(vi) Any relevant additional information
Once I have this information I can then provide you with a draft entry for your Register of Interest entry.
Kind Regards
Jane Sutherland Senior Assistant Clerk Standards and Public Appointments Committee
Room TG.01 The Scottish Parliament EDINBURGH EH99 1SP
PLEASE NOTE: Statements (including nil returns) must be returned to the Standards Clerks by Friday 8 June 2007, (no later than 30 days after you take the oath of allegiance or make the solemn affirmation in the case of a member or in accordance with section 18 in the case of a Law OffIcer).
NAME (Block capitals Please):_~0_~_M...;...IE111__-5__G-_1t~F_r _ CONSTITUENCY I REGION: _........;;;;C_..)....:.I...;.I.....:I(:.-G;....h...;.k.;.;../1_'=_...;;..."'_~_(V_~_I1 _
1. Introduction
The Interests of Members of the Scottish Parliament Act 2006" ('the Act') requires a Member to register any registrable Interests or to declare 'that the Member has no such interest. You must register any interest by lodging a statement with the Cler1<. Statements lodged by you form the basis of your entry In the Register of Interests of Members of the Scottish Parliament ('the Register).
Under section 11 (3) of the Act, the Register must be made available for pUblic inspection. It will be available at the office of the Standards Clerks (Tower 4, Room TG.01). A copy will be available In the pUblic reception to the Parliament and an electronic version will also appear on the Scottish Parliament's website.
For details of the information required for each registrable interest, please refer to the explanatory notes in each section of the form, the relevant provisions of the Act and the Code of Conduct for MSPs.
• Asp 12
1
_._--_ .. _-------._-- ------_..._- --
Please take the time to familiarise yourself with the requirements of the Act and the Code of Conduct, since any Member who takes part in any proceedings of the Parliament without having complied with, or in contravention of, sections 3,5,6, 13, 14, 15 and 16 of the Act Is guilty of a criminal offence. The maximum penalty for an offence under this Act, as specified in section 39(7) of the Scotland Act, is a fine not exceeding level 5 on the standard scale. Level 5 is currently set at £5,000.
Failure to comply with the requirements of the Act may also (in terms of sections 15 and 16) result in a Member being prevented, restricted or excluded from participation in proceedings of the Parliament.
Further advice and assistance on any matter relating to this form can be obtained from the Standards Clerks (ext. 85239 and 85177).
If you are in any doubt about whether or not to register an interest, the guiding principle is to err on the side of caution and seek the guidance of the Standards Clerks. Members may choose to consult their own legar or other advisers.
2. Registration requirements under the Act
Initial registration requirements (section 3 - Members: and section 18 - Law Officers who are not Members)
Interests to be registered The interests that require to be registered are those set out in the Schedule to the Act which you-
(1) had at the date you were returned; or
(2) had before you were returned but no longer have, where the interest meets the prejudice test (section 3(2»; or
(3) have acquired since the date you were returned.
The Par1iament has determined what information you must provide but you may provide additional details for your entry if you Wish.
Declaration that no registrable interests are held (section 3)
If you have no registrable interests you are still required to make a written declaration to that effect. You can do so by completing and lodging this form.
Late registration (section 6)
If; after submitting your statement, you become aware of a registrable interest which was not included, you should immediately contact the Standards Clerks. The Act requires you to lodge a further written statement registering that interest within 7 days of becoming aware of it. If you have in the meantime taken part in proceedings
2
of the Parliament, you should be aware that you may already have committed a criminal offence.
Further, If you lodge a statement 7 days or more after becoming aware of the unregistered interest you may become subject to further Parliamentary sanctions.
Voluntary registration (section 7)
You can choose to give details of any other interest which you consider may be relevant to the proceedings of the Parliament or to your acting as a Member. For example, this might include positions in campaigns or charities, or membership of professional organisations or trade unions. Members are under no obligation to declare such interests when participating in proceedings on related Issues. Members may also wish to register interests which they have not yet acquired, but are in the process of doing so.
,... Registration ofnew Interests /uDdating the Register (section 5J
If you acquIre a new interest after the date of return which is registrable or where the character of an existing unregistered Interest changes so that it meets the prejudice test. you must complete and lodge a further written statement providing information in relation to that new or altered interest. The completed form must be lodged with the Clerks no later than 30 days after acquisition of the interest.
Deletion of registered interests
If an interest that is registered ceases to be a registrable interest or if you wish to delete an interest registered on a voluntary basis you must notify the cler\(s In writing. You may do so via your Parliamentary email account.
Amendments
You may also amend your entry in the Register by notifying the Standards Clerks in writing (this includes via your Parliamentary email account).
3. Submission of Statements
Please complete each part of this Statement, then sign and date the last page (the page entitled 'Miscellaneous and Voluntary'). If there is not enough space In any section of this Statement additional sheets may be attached, but each sheet should be clearly marked with your name and also signed and dated.
4. Declaration of interests
In addition to registering your registrable interests, section 13 of the Act requires Members to declare any registrable interest prior to participating in any Partiamentary procedure relating to that interest. This involves making-
3
(1) an oral declaration in the Chamber or in Committee before participating orally in any proceedings of the Parliament; and
(2) a written declaration In respect of Parliamentary Questions, motions, amendments to motions, the introduction of a Bill or the lodging of a proposal for a Member's 8111 and amendments to Bills.
Where your only participation in proceedings Is to attend proceedings or to vote (or both), you will be treated as having made a written declaration solely by virtue of a relevant registrable Interest appearing in your entry in the Register. There Is no need therefore for any other action to be taken before voting even where you have a registrable Interest relevant to the proceedings under discussion, which in other circumstance would require a separate oral or written declaration. However, where an interest has been newly acquired and does not appear in the register, a written declaration is required.
Section 5 of the Code of Conduct provides further guidance on these matters.
5. Paid advocacy
Your attention is drawn to the provisions on paid advocacy in section 14 of the Act and section 6 of the Code of Conduct. Members are prohibited from engaging in paid advocacy. Contravention of the provisions on paid advocacy constitutes a criminal offence and may lead to exclusion from proceedings of the Parliament. The prohibition on paid advocacy is intended to prevent a Member from advocating any cause in retum for any payment or benefit.
4
REMUNERATION Do you ~~. re~une~tio~ by virtue of:
a. being employed Yes 0 No ~ b. befng s81f...employed Yes 0 No ~ c. being the holder of any office Yes 0 No a/ d. being the director of an undertaking Yes 0 No ~ e. being a partner in a finn Yes 0 No ~ f. undertaking a trade. profession or vocation or any
Yes 0 No t/L:erwom? Explanatory notes 1. The interests that require to be registered are those which you-
(1) had at the date you were retumed; or
(2) had before you were f8turned but no longer have. where the interest meets the prejudiCe test (section 3(2): or
(3) have acquired since the date you were returned.
Members should note tha' these I8quirements apply to .11 categories of f8gistrable interests.
2. You do not require to 1&f1ister remuneration or allowances that you receN8 or haw received as , Member of the Scottish Parliament, a member of the Scottish Executive. a junior Scottish Minister. or by holding the offlce of PreskJing OHicer, deputy Presiding OIficer or member of the spes.
Key definitions/terms
1. "Remuneration" includes any saIB'Y. wage. shaf8 ofprofits. fee. eKpenses. and othermonetary benefit or benefit in kind. Including reimbursement ofcosts Incurred. This would include, for example, the provision ofa company car or travelling expenses by an employer.
2. ·Undettaking" essentially means 8) a bOdy corporate or pat1nership; or b) an unincorporated association csrrying on II trade orbusiness, with or without a lIiew to a profit.
3. ·Prejudice test~ an interest meets the prejudice test if, aller taking ;"to account all the circumstances, that Interest is reasonably considered to prejudice, or give the appearance of prejudicing the ability of the member to participate in a dlslnterasted manner In any proceedings of the Parliament.
If you do not know the level of expected remuneration, an estimate should be made and. If necessary, amended once the remuneration has been received.
If you answered yes, then please provide the following information for each interest from which you received, receive or expect to receive remuneration:
5
(i) Category into which the interest falls (aHf)
(ii) Name of employer/business/body/undertaking/firm/name under which trade, etc is carried out
(iii) Principal business address of (il)
(iv) Nature of business/activities/work carried out by (ii)
(v) Position you hold
(vi) Level of remuneration received or expected to be received per annum within the following bands:
up to £500
between £501- £1,000
between £1.001 - £2.000
between £2,001 - £3.000
between £3,001 - £5.000
and thereafter in intervals of £5,000
(vii) Regularity of work (for example. the number of hours or days worked per week or month)
(viii) Any relevant additional information
6
RELATED UNDERTAKING Are you: a. 8 director of a ~Iated unde,-king but,do not. ~Jve ".:' ", remuneration as such a dlrector1' . '"
b. a partner in 8 finn but do not receive remuneration 8S such a partner'? . Yes 0 No ~ Explanatory notes and details required
1. You are required to register any directorships you hold which are themselves unremun&r8fed but where the undertaking In question is a subsidiary ofor a parent of, an undertaking In which you hold a remunerated directorship. Any other unremunarated directorships do not require to be registered, You may wish to edd these to the MisceRaIHJoUs and VoluntBl)' category,
2. Ifyou are a partner in a firm but do not directty recsive remuneration from the firm (a.g. If you are 8 sleeping partner or if the operating profits 8re reinvest8d in the business) you are required to register that interest.
Key definltlonslterms
1. -Related underfalcJng-17'IfJans a parent or subsidiary undertaking ofan undertaking 01 which you are 8 dltector under the Remuneration category,
2. -Undertaking- means. in broad terms. 8) 8 body corporate or partnership; or b) an unincorp0t8ted association canyJng on 8 trade or business. with or without 8 view to a prom. Please refer to section 259 of the 1985 Companies Act for a fuR def",ilion.
3. ·Psrent undertaking- is dBfmed in section 258 of the 1985 Companies Act. Members who hold the position ofa direclor are expected to be aware of what constitutes a related undertaking lind a parent and subsic/isl}' undertaking.
If you answered yes, then please provide the following information for each interest:
(i) Category into which the interest faUs (a) or (b)
(ii) Name(s) of related undertakings or firm
(iii) Principal business address
(iv) Nature of business
(v) Nature of relationship between related undertakings
(vi) Any relevant additional information
7
ELECTION EXPENSESr;-.' . --- _. --'''-----''..__...._-_.._.. _.... _...._..__. -- ..... -.'" -]' I ~id any contributions towards your election expenses at the i election at which you were returned as a Member include a
ldonation or donations by a person, the aggregate of which exceeded 25% of those election expenses? Yes 0 No 0 ---_ --_..-------~ ..'-~-~---_. ---- ~ ~_._~ '. -
Explanatory notes and details required
1. This information is required in addmon to Members' obligations under the Political Partie!l, Elections and Referendums Act 2000 and by the Electoral Administration Act 2006.
Key definitionslterms
1. ·a person· includes a single Individual or 8 body ofpersons, corporate or unincorporated. but does nol include a registered politlcsl party with Which the Member is connected;
2. The alection expenses of a Member 8re the election expenses within the meaning of the relevant Elections Order in relation to the election at which the Member was returned.
If you answered yes, then please provide the following information for each interest:
(i) Value of donationes) in £
(ii) Name of donor
(iii) Any relevant additional information
8
SPONSORSHIP I Does any person sponsor you as 8 Member? Yes 0 No ~ Explanatory notes and details required
1. For this purpose. you are sponsored ifyou receive any financial or materialsupporl from the same person on more than one occasion, which over a Parliam,ntaty sflSsion amounts. in aggregate, to more than the specified limit. A one-off donation or provision o(assistance does not fall to be registered as sponsorship as this is not supporl on a continuing basis (although II may need to considered under the category of Gifts - see next section).
2. For example, the provision of the services ofa research assistant or secretary whose salary, in whole or in parl. is met by an external organisation. and the provision of free or subsidised accommodation for your use. other th8fl accommodation provided solely by the constituency party, should be registered.
3. The provision o( tI service by a VOlunteer dOes not require to be registered. A volunteer is someone who receives no remuneration for their serviceS i.e. no wage orsaltlry.
4. There is no requirement to register consbluency plan agreements or other forms 01 sponsorship 01 8 Member's constituency plUty. unless the Member receives the sponsorship himself or herself.
Key dennltions/terms
1. ·Specified lim;'- means 1 per cent of a Member's gross annual salary (rounded down to the netllest £10) 8t thff beginning of the parliamenlBry session in question, cunently £520.
If yoU answered yes, then please provide the following information for each interest:
(i) Sponsor's name
(ii) Monetary value of sponsorship. within the fotlowing bands:
between £501- £1.000
between £1.001 - £2,000
between £2,001 - £3,000
between £3.001 - £5,000
and thereafter in intervals of £5.000
(iii) Duration of sponsorship
(iv) Is support paid or proVided directly to you? Or. is support paid or provided to another person on your behalf and if so who is the recipient?
(v) Any relevant additional information
9
I
GIFTS r H8V~Y~·~ ~r'~'~ompany in whlch- you h~~e a"c~~trolli~g'i~te~est ! or 8 partnership of which you are a partner, received:
!8. a gift of heritable or moveable property; or
b. a gift of a benefit in kind,
the value of which, at the date on which it was received by you or the company or partnership, as the case may be, exceeded 1% of aMember's gross salary on that date (currentfy £520)1
AND
Does the gift meet the prejudice test (as set out in section 3(2)
Iof ~e_ Act)? . . . .... . __....._ Yes 0 No 0
Explanatory notes and details required
1. This does not apply to the costs of trallel end subsistence in connection with your Bttandance Bt a conference or meeting where those costs ere bome in whole or in part by the organiser of the conference or one of the other parties attending the meeting as the case may be. If the meeting Of conference took place overseas, hOwever, costs may be registrable as en OWtSeas visit (sea below).
2. This rule means thel Bny gin (tangible gins such as money, glassware, jewellery etc) Of other benefit (such as hospitality. tickets to sporting and cultural events, relief from indebtedness, loan concessions, provision ofservices etc), Which Is given gratis. or at a cost below thai genel1JRy available, should be registered, whenever the value of the gift or benefit is greater than £520.
3. Any such gift or benefit that is received by any company in which you have a controlling intef8st, or by a parlnership of which you are 8 partner, mus' al$o be regislered.
4. " is generally expected that glft.s from family members will not meet the prejudice test and are unlikely to be required to be registered.
Key definitlonslterms
1. ·Controlling interest· means, in relation to 8 company, shares carrying in the aggregate more than halfof the voting rights exercisable at Q8nerBl meetings of the company.
2. "Company· means a company wnhin the meaning of the Companies Act 1985. 3. ~eritable property·means any right or interest in heritable properly in Scotland or elsewhere, If
includes residential or other similar property, land etc. 4. "Moveable properly" means any property which is not heritable property and includes anything
from money to jewellery to the copyright in a book for example. 5. "PrejUdice test" - an interest meets the prejudice test If, after taking into account all the
circumstances. that interest is reasonably considered to prejudice, or give the appearance 01 prejudicing the abl1lty ofthe Member to participate in a disinterested manner in any proceedings of Ihe Parliament.
10
tf you answered yes, then please provide the following Infonnatlon for each Interest:
(i) Nature of gift (category (a) or (b»
(il) Monetary value, within the following bands:
between £501- £1,000
between £1,001 - £2,000
between £2,001 - £3,000
between £3,001 - £5,000
and thereafter in intervals of £5,000
(iii) Date of gift
(iv) Donor's name
(v) Was it a gift to you as an individual or to a company or partnership?
(vi) Any relevant additional information
11
(vi) Any relevant additional information
13
HERITABLE PROPERTY Do you own or hold heritable property-
a. the market value of which, at the relevant date (see paragraph 4 below), exceeds 50% of a Member's gross salary (currently £26,370); or
b. the gross income from which (for the period of twelve months prior to the relevant date) is greater than £0.001
Yes 0 No 0 ------_.. . ._-----
Explanatory notes and details required
1. This does nol apply to heritabl9 propeny used as Ii residential home by you or your spouse. civil partneror cohebitsnt. This does not apply to heritable propelty which was used as a residential home by you or. your spouse, ciVil panner or cohabitant. but has been unoccupied and (or sale for not more than 12 months. This does not apply 10 heritable properly which forms part of the assets of B partnership and any income from that partnership is tegistered under the Remuneration category.
2. This applies to properly which you own or hold solely in your own name, jointly with another person or body or as a trustee. Whether or not jointly with other trustees. where you have an interest as a ben9ficiary of the trust.
3. If you, as a tenant. rent property (excluding residential i.e. commercial) the value of which. at the re#evenfdate, is greater than £26.370, then this must be registered.
4. Where you own or have eny other right or Intemst in heritable property at the date on which you were returned as II Member, the relevant date is-
s) that date; and b) the 5th April immediately following that date and in each succeeding year. where the heritable property continues to be owned or held on that 5th April.
5. Whe", you become the ownsr of or acquire any heritable properly after Ihe date on which you wete ",tumed 8S a Member, the relevant date is-
s) the date on which you became the owner of or acquired Ihat heritable properly; and b) the 5th April immediately foHowing that date and in each sucC68ding year. where the heritable property continues to be owned or held on that 5th April.
;.e. the relevant date is the date ofyour return as an MSP (or the 5th April following that date) or, ror new interests, the date you obtained the interest (or the Slh Aprillol/owing that date) if different from the dat& of your election retuM.
6. Where you heve ceased to own or hold any heritable property before the date on which you were retumed as a Member. the relevant date is the date when the heritable property ceased to be owntJd or the righl ceased to be held.
7. Members should provide sufficient information abOut Bny interest in heritable property which they own or hold to allOw a third party looking at the register to immediately identify anypotentiBl Influance.
Key definitions/terms
1. -Heritable propeny" means any right or interest in heritable properly in Scotland or elsewhere. It includes residential or other similar properly, land, or any right or interest in or over land.
2. ftSpouse" does not include a former spouse or a spouse who ;s living separately and apart fi'om the Member where the separation ;s likely to be permanent.
3. ·Civil partner~does not include a former civil partner or a civil parlner who is living separately and apan from the Member where the separation is likely to be permanent.
14
4. ·Cohabitant·means either member 0/8 couple consisting of 8 man and a woman who are living together as jf they were husband and wife or two persons of the same sex who 8re living together 8S if they were civil pariners.
If you answered yes, then please provide the following infonnation for each interest:
(i) Category into which the interest falls «a) or (b) or both)
(ii) Location of property (by area, for example by local authority area if in Scotland)
(iii) Type of property (for example, flat, house, commercial, industrial, domestic, commercial. agricultural land)
(iv) Market value at the relevant date wlthin the following bands:
between £25,001 - £100.000
between £100,001 - £150,000
between £150,001 - £200,000
between £200,001 - £250.000
between £250.001 - £300,000
between £300.001 - £350,000
and over £350,000.
(v) Gross income at the relevant date within the following bands:
between £0.00 - £5.000
between £5,001 - £10.000
between £10,001 -£15,000
between £15,001 - £20,000
between £25,001 - £30.000
between £30,001 - £35.000
between £35,001 - £40,000
between £40.001 - £45.000
between £45,001 - £50,000
15
and over £50,000
(vi) Date of acquisition or disposal if during parliamentary session
(vii) Any relevant additional information
16
INTEREST IN SHARES Do you or a relevant person (see betow) have a~ intere~t in -l shares and:
I a. the nominal value of the shares at the relevant date (see
below) is greater than 1% of the Issued share capital of the I company or other body; i
OR
b. the market value of the shares at the retevant date exceeds or exceeded 50% of a Members' gross salary (currently £26,370)? . "__ "____ _ _ ~ Yes 0 No 0
Explanatory notes and details required
,. You Bte r9quired to register an interest in shares whether it is held by you or fI releV8flt person solely in yourlthelr own name, jointly with any other person or body or 8$ 8 trustee, whether or not jointly with other trustees where you halle an interest as a beneficiary of the trust.
2. You ate noI required to register an interest in shaleS which forms part ofthe essets ofB partnership and any income from ,h9t partnership is registered under the Remuneration category.
3. Where you hed, an interest in shares at the date on which you were retumed as a Member. lire relevant date is-
a} that date; and b} the 5th April immsdiately following that dale and in each succeeding year, where you retain thaI inlerest on thai 5th April.
4. Where you acquite an interest in shares after the date on which you were returned as a Member, the relevant dete is-
a) the date on which you acquired the inlerest in shares; and b} the 5th April immediately following that date and in each succeeding yeer, where you retain Ihe interest on that 5th April.
5. WhBte you have ceased to have an Interest in shares before you were returned as a Member, the I8levlNJl date is the date when the interest in shares ceased to bo held.
Key definitions/terms
1. ·'nteresl in shares· means an interest in shares (including stocJ<) comprised in the share capital ofa company or other body,
2. ·Company"mesns a company within the meaning of the Companies Act 1985. 3. "Relevant person" is a person who is subject to the control or direction ofa Member in respect of
an interest in shares_
If you answered yes. then please provide the follOWing information for each interest:
(i) Category into which the interest falls (a) or (b) or both
(ii) Name of company (as described when the Member acquired the interest)
17
(iii) Type of shares
(iv) Nature of business
(v) Market value and/or percentage of the issued share capital of the company (category (a) and/or (b»
(vi) Date of disposal or acquisition if during Session
(vii) Any relevant additional information
18
VOLUNTARY The Interests of Members of the Scottish Parliament Act states that -A Member may at any time register an interest which a Member is not required to register by lodging a written statement with the Clet1t,- (section 7: voluntary registration).
Accordingly, you may choose to provide details in tt1is section ofany Intare$t, not failing within any of the previous sections, which nonetheless you wish to register, perhaps be~use you consider that the interest might be thought by others to inftuence your actions. .'
Title Number: Date of First Registration: Date Title Sheet updated to: Date Land Certificate updated to: Hectarage Code: 0 Interest: PROPRIETOR Map Reference
Description Subjects GLASGOW within the land edged red on the Title Plan being the southmost flat on the fifth floor of Block A outlined blue on the Supplementary
Plan 1 to the Title Plan. Together with (One) a heritable and irredeemable servitude right of pedestrian and vehicular access in common along with the other proprietors of the Development edged red on the Title Plan over the roads, footpaths and pavements within the said Development as provided for in the Deed of Conditions in Entry 5 of the Burdens Section and (Two) the whole
other rights, uses, etcetera, common, mutual and exclusive, effeiring to the SUbjects in this Title as more particularly described in the said Deed of Conditions and also with the subsisting rights to
real burdens specified in the Schedule of Particulars relative to Subsisting Rights to Real Burdens below.
Schedule of Particulars Relative to Subsisting Rights to Real Burdens I I Entry I Benefited Real Burdens Burdened Property PropertyNumber II II
DDeed of Conditions bySUbjects in Cruden Estates Limited, this Title and subjects edged red on the Title Plan registered other specified in Entry 5 of thesubjects Burdens Section.
I
Notes 1. The parts edged and numbered in yellow on the Title Plan have been leased· for particulars see Schedule below.
I Schedule of Leases
Entry Number ~1~~iISUbjectsIEJPlan
Date of Recording or Registration GB
DODD SP Distribution Limited
Land Register
For 60 years from 27 Oct.
2005
£1 per
annum
This is a Quick Copy which reflects the position at the date the Title Sheet was last updated. It does not have the evidential status of an Office Copy.
B. PROPRIETORSHIP SECTION
Title Number: Hectarage Code: 0
Entry Date of I . : I' II I I~N=u=m=b=e~r:=R=e::!::::giis=t=ra:::::t:::::io=n=l:====::=:::::=:=:=:=======:=:=p=:ro=p=:=r:::::le=t=o:""r:== ;;;;;==1 =c=o=ns=i=d=e=ra=t=io=n= Entryr-=-II I I II:::l ~ £2300
I Notes I 1 There are in respect of the sUbjects in this Title no sUbsisting occupancy rights, In terms of the Matrimonial Homes (Family Protection) (Scotland) Act 1981, of spouses of persons who were formerly entitled to the said subjects. 2 There are in respect of the subjects in this Title no sUbsisting occupancy rights, in terms of the Civil Partnership Act 2004, of partners of persons who were formerly entitled to the said subjects.
This is a Quick Copy which reflects the position at the date the Title Sheet was last updated. It does not have the evidential status of an Office Copy.
C. CHARGES SECTION
Title Number: Heetarage Code: 0
N~~~r I Specification
LJ Standard Security by said KENNETH JAMES GIBSON to1
INotes
I Date Of Registration
I I
I This Is a Quick Copy wh'ich reflects the position at the date the Title Sheet was last updated.
It does not have the evidential status of an Office Copy. ,
-_=::::---.. .--
The Scottish Parliament: Vote Record Search Page 1 of2
09 December 2009
19l' The Scottish Parliament'*',., Porlomoid no h-Albo
The Scottish Parliament: Vote Record Search Page 1 of2
09 December 2009
M The Scotti.sh p.orlioment'*~ P6rlamoid no h-Alho
Parliamentary Business I Visit, Learn, Interact I MSPs I News, Media & Events I About the Parliament I Home> MSPs > Vote Record Search> .. Back
MSP Voting Record Search
Voting Records for Kenneth Gibson from 1 May 2008 to 30 October 2009 (312 results over 13 pages)
Date of Description Vote ResultVote
18/09/2008 S3M-2553 Richard Lochhead: Hill Farms and Less Favoured Areas-That the Parliamen Yes Carried17:26:00
25/09/2008 Amendment 20 moved by Bill Aitken on motion S3M-2342 Kenny MacAskill: Judiciary No Defeated15:59:00
25/09/2008 Amendment 21 moved by Bill Aitken on motion S3M-2342 Kenny MacAskill: Judiciary No Defeated16:00:00
25/09/2008 Amendment 23 moved by Bill Aitken on motion S3M-2342 Kenny MacAskill: Judiciary No Carried16:15:00
~~~~~~~~08 S3M-2631.2 John Swinney: Local Government Finance-As an amendment to motion (S3M Yes Carried
02/10/2008 S3M-2631 Derek Brownlee: Local Government Finance-That the Parliament calls on t Yes Carried17:25:00
~~~1~~~~08 S3M-2629.1 Kenny MacAskill: Age Limits on Purchases of Alcohol-As an amendment t Yes Defeated
02/10/2008 S3M-2629 Murdo Fraser: Age Limits on Purchases of Alcohol-That the Parliament re No Carried17:28:00
~~~1~~~~08 S3M-2635.2 Liam McArthur: Scudamore Report into Foot and Mouth Disease-As an ame Yes Carried
~~~~~~~~08 S3M-2635 Richard Lochhead: Scudamore Report into Foot and Mouth Disease-That the Yes Carried
~~~i~~~~08 S3M-2671.3 Pauline McNeill: Scottish Broadcasting Commission-As an amendment to Abstain Carried
I ~~~~~~~~08 S3M-2671.1 Ted Brocklebank: Scottish Broadcasting Commission-As an amendment to No Defeated
~~~~~~~~08 S3M-2781 Bruce Crawford on behalf of the Parliamentary Bureau: Business Motion-T Yes Carried
~~~~~~~~08 S3M-2767.1 Michael McMahon: British-Irish Council-As an amendment to motion (S3M No Defeated
~~~~g~~~08 S3M-2767 John Swinney: British-Irish Council-That the Parliament acknowledges th Yes Carried
~~~i~~~~08 S3M-2780.1 John Swinney: A Helping Hand with the Rising Cost of Living-As an ame Yes Carried
~~~i~~~~08 S3M-2780 Jeremy Purvis: A Helping Hand with the Rising Cost of Living-That the P Yes Carried
30/1 0/2008 . 17:25:00 S3M-2779.1 Derek Brownlee: The Importance of HBOS to the Scottish Economy and Jo No Defeated
~~~i~~~g08 S3M-2779.2 PatriCk Harvie: The Importance of HBOS to the Scottish Economy and Jo No Defeated
30/10/2008 . 17:27:00 S3M-2779 TavIsh Scott: The Importance of HBOS to the Scottish Economy and Jobs-T Yes Carried 12/11/2008 . 17:24:00 S3M-2853.4 John Park: Scottish Economy-As an amendment to motion (S3M-2853) in t No Defeated 12/11/2008 17:25:00 S3M-2853.1 Derek Brownlee: Scottish Economy-As an amendment to motion (S3M-2853) Yes Carried
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MSP Voting Record Search
Voting Records for Kenneth Gibson from 1 May 2008 to 30 October 2009 (312 results over 13 pages)
Date of rJote
Description Vote Result
13/11/2008 S3M-02864 Sarah Boyack: Energy Efficiency- That the Parliament recognises the si 17:26:00
Yes Carried
~~~~i~;~08 S3M-2863.1 Nicola Sturgeon: Health Funding-As an amendment to motion (S3M-2863) Yes Carried
13/11/2008 S3M-2863 Cathy Jamieson: Health Funding-That the Parliament notes that the Scott Yes Carried 17:28:00
~~~~~~;~08 S3M-2862.3 Andy Kerr: Scottish Futures Trust-As an amendment to motion (S3M-2862 No Defeated
~~~~g;~08 S3M-2862.1 Derek Brownlee: Scottish Futures Trust-As an amendment to motion (S3M Yes Carried
~~~~~~;g08 S3M-2862.2 Jeremy Purvis: Scottish Futures Trust-As an amendment to motion (S3M- No Defeated
~~~~~~;g08 S3M-2862 John Swinney: Scottish Futures Trust-That the Parliament agrees that mo Yes Carried
~ ~~~~~;~08 S3M-2906.2.1 Bill Aitken: 10 Cards-As an amendment to amendment (S3M-2906.2) in Yes Carried
~~~~i~~g08 S3M-2906.2 Robert Brown: 10 Cards-As an amendment to motion (S3M-2906) in the na Yes Carried
~~~~~~;~08 S3M-2906 Fergus Ewing: 10 Cards-That the Parliament notes that the UK Government Yes Carried
~~~~1~;~08 S3M-2966.3 Sarah Boyack: Sea Fisheries-As an amendment to motion (S3M-2966) in t Abstain Carried
~~~~~~;~08 S3M-2966.2 Liam McArthur: Sea Fisheries-As an amendment to motion (S3M-2966) in No Defeated
~~~~i~;~08 S3M-2958.2 Rhona Brankin: Approval of SSI-As an amendment to motion (S3M-2958) i No Defeated
~~~~~~;~08 S3M-2958.1 Elizabeth Smith: Approval of SSI-As an amendment to motion (S3M-2958) No Defeated
27/11/2008 .17:29:00 S3M-2958 Bruce Crawford on behalf of the Parliamentary Bureau: Approval of SSI-T Yes Carried
~i~~~~;~08 S3M-3013.1 lain Smith: Broadcasting-As an amendment to motion (S3M-3013) in the Abstain Carried
~i~~~~~g08 S3M-3013 Ted Brocklebank: Broadcasting-That the Parliament notes that 4 December Abstain Carried
04/12/2008 . .17:27:00 S3M-3014.2.1 Jeremy PUrviS: Local Government Finance-As an amendment to amendmen Yes Defeated
04/12/2008 . .17:28:00 S3M-3014.2 John SWinney: Local Government Finance-As an amendment to motion (S3M Yes Defeated
04/12/200817:29:00 S3M-3014 Derek Brownlee: Local Government Finance-That the Parliament notes the Yes Carried
11/12/200817:25:00 S3M-3075.3 Stewart Stevenson: ScotRail Franchise-As an amendment to motion (S3M- Yes Defeated 11/12/200817:26:00 S3M-3075.1 Alex Johnstone: ScotRail Franchise-As an amendment to motion (S3M-307 Yes Carried
I ~~~~~~~g08 S3M-3124.1 Dr Richard Simpson: Organ Donation-As an amendment to motion (S3M-312 Abstain Defeated
~i~~;~~g09 S3M-3164.3 Rhona Brankin: National Qualifications-As an amendment to motion (S3M No Defeated
~~~~g~~09 S3M-3173.1 John Park: Homecoming and its Potential to Support Sustainable Econom No Defeated
~~~~i~~g09 S3M-3174.1 Richard Baker: Protecting Scotland's Communities - The Scottish Gover No Defeated
~~~g1~~~09 S3M-3174.2 Bill Aitken: Protecting Scotland's Communities - The Scottish Governm No Defeated
~~~~1~~g09 S3M-3174.3 Robert Brown: Protecting Scotland's Communities - The Scottish Govern Yes Carried
~~~~~~~g09 S3M-3174 Kenny MacAskill: Protecting Scotland's Communities - The Scottish Gover Not CarriedVoted
~i~~~~~g09 S3M-3161 John Swinney: Budget (Scotland) (No.2) Bill-That the Parliament agrees Yes Carried
~~~~;~~g09 S3M-3214.3 Des McNulty: Forth Crossing-As an amendment to motion (S3M-3214) in t No Defeated
~~~~~~~~09 S3M-3214.4 Jeremy Purvis: Forth Crossing-As an amendment to motion (S3M-3214) in No Defeated
~~~~~~~g09 S3M-3214 John Swinney: Forth Crossing-That the Parliament notes the Scottish Gov Yes Carried
~;~~;~~g09 S3M-3250.3 Liam McArthur: Common Agricultural Policy Health Check-As an amendmen Abstain Carried
~;~~~~~g09 S3M-3250.2 Robin Harper: Common Agricultural Policy Health Check-As an amendment No Defeated
~~~~;~~g09 S3M-3257.1 Derek Brownlee: Scottish Government's Response to the Scottish Counci Yes Carried
22/01/2009 '. .17:28:00 S3M-3257.3 Alison Mcinnes: Scottish Government's Response to the Scottish Counci No Defeated
22/01/2009 . 17:29:00 S3M-3257 Fiona Hyslop: Scottish Government's Response to the Scottish Council of Yes Carried 28/01/2009 . 17:27:00 S3M-3299 John SWinney: Budget (Scotland) (No.2) Bill-That the Parliament agrees Yes Tied 29/01/200917:27:00 S3M-03325.1.1 John Scott: Forestry - As an amendment to amendment (S3M-3325.1) i Yes Carried
29/01/2009
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Yes Carried
Yes Carried
Yes Defeated
Yes Carried
17:28:00 S3M-03325.1 Michael Russell: Forestry: As an amendment to motion (S3M-3325) in t
~~~~~~;~09 S3M-03325 Sarah Boyack: Forestry - That t~e Parliament notes the consultation on
~~~~6~;~09 S3M-03322.2 Stewart Stevenson: Transport Priorities - As an amendment to motion
~~~~~~;~09 S3M-03322.3 Alex Johnstone: Transport Pri?rities - As an amendment to motion (S3
The Scottish Parliament: Vote Record Search Page 1 of2
09 December 2009
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MSP Voting Record Search
Voting Records for Kenneth Gibson from 1 May 2008 to 30 October 2009 (312 results over 13 pages)
Date of DescriptionWote Vote Result
~~~~~~~~09 S3M-03322.1 Alison Mcinnes: Transport Priorities - As an amendment to motion (S3
~~~~1~~~09 S3M-03322 Des McNulty: Transport Priorities - That the Parliament notes that the
~i~~~~~~09 S3M-3380 John Swinney: Budget (Scotland) (No.3) Bill-That the Parliament agrees
No Carried
No Carried
Yes Carried
~~~~~~~~09 S3M-3383.2 Andy Kerr: Borrowing Powers for the Scottish Parliament-As an amendme
~~~~~~~~09 S3M-3383.1 Derek Brownlee: Borrowing Powers for the Scottish Parliament-As an am
~~~~~~~~09 S3M-3383 Tavish Scott: Borrowing Powers for the Scottish Parliament-That the Par
No Defeated
No Defeated
Yes Carried
~~~~~~~~09 S3M-3385.3 Karen Whitefield: Early Years Framework-As an amendment to motion (S3 No Defeated
~;~~~~~~09 S3M-3386 John SWinney: The Local Government Finance Act 1992 (Scotland) Order 20 Yes Carried
~~~~~~~~09 S3M-3431 Alex Salmond: Appointment of Junior Scottish Ministers-That the Parliam Yes Carried
~~~~~~~~09 S3M-3428.2 Nicola Sturgeon: Healthcare Associated Infections-As an amendment to Yes Carried
~~~~~~~~09 S3M-3428.1 Ross Finnie: Healthcare Associated Infections-As an amendment to moti
~ ~~~~~~~09 S3M-03428 S3M-3428 Cathy Jamieson: Healthcare Associated Infections-That the Par
~~~~~~~~09 S3M-3427.1 Jamie McGrigor: Housing-As an amendment to motion (S3M-3427) in the n
~~~~~~~~09 S3M-3521 Bruce Crawford on behalf of the Parliamentary Bureau: Designation of Le
No Carried
No Tied
No Defeated
Yes Carried
~~~~~~~~09 S3M-3528.3 Sarah Boyack: Marine Bill Consultation-As an amendment to motion (S3M No Defeated
~~~~~~~~09 S3M-3609.3 Nicola Sturgeon: Scottish Government Failures-As an amendment to moti Yes Defeated
~~~~~~~~09 S3M-3609.1 Mike Rumbles: Scottish Government Failures-As an amendment to motion No Carried
~~~~~~~~09 S3M-3609 Johann Lamont: Scottish Government Failures-That the Parliament notes t No Carried
~~~~~~~~09 S3M-3584.1.1 Alison Mcinnes: National Planning Framework for Scotland 2 - Propos Yes Carried
~~~~~~~~09 S3M-3584.1 David McLetchie: National Planning Framework for Scotland 2 - Propose Yes Carried
05/03/2009 S3M-3584 Duncan McNeil: National Planning Framework for Scotland 2 - Proposed Fr Yes Carried