APPENDIX 3: HOW COMPLAINTS ARE DEALT WITH
1. If a formal complaint is made by a Member of the
House against another Member, step 3 follows.
2. If a formal complaint is made by a non-Member,
the complainant must first provide written details of the alleged
breach of the Code, and supporting evidence.
3. The Registrar
examines all complaints and screens out those that do not fall
within the Sub-Committee's jurisdiction.
4. Complaints
that pass the scrutiny of the Registrar are considered by the
Chairman of the Sub-Committee, who assesses whether there is a
prima facie case to answer, and reports his findings to
the Sub-Committee.
5. The Sub-Committee
decides whether or not to investigate the complaint.
6. If the
Sub-Committee decides to investigate a complaint, the Registrar
informs the Member concerned, sets out the parts of the Code alleged
to have been breached, provides copies of the evidence, and invites
the Member to respond in writing.
7. On the
basis of the Member's written response, the Sub-Committee may
dismiss the complaint or agree remedial action to be taken by
the Member, if appropriate.
8. If the
Sub-Committee is unable to do this on the basis of the written
response, it may take further evidence, oral and written.
9. The Sub-Committee
assesses the evidence.
10. Before
reaching its conclusions, the Sub-Committee sends the Member complained
against a statement of the facts of the case for his comments.
11. The Sub-Committee
comes to a decision and reports its findings to the Committee
for Privileges.
12. At the
same time, the Sub-Committee's report is sent to the Member concerned.
13. The Member
complained against has a right of appeal to the Committee for
Privileges against the findings of the Sub-Committee.
14. The Committee
for Privileges hears any appeal and the Member has the right to
appear before it.
15. The Committee
for Privileges reports to the House. Its report also contains
the proceedings and conclusions of the Sub-Committee, and all
the relevant material collected in written evidence.
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