Statement by TUV leader Jim Allister:-
“On foot of the DUP admissions to the RHI Inquiry that the statutory Code for Appointment of Special Advisers was consciously and repeatedly breached, it follows that DUP ministers brazenly misled the Assembly on the issue.
“I say this because I systematically asked every minister – in both 2011 and 2016 – through Assembly Questions about the SPAD appointment process they followed. Each boldly told the Assembly through their answers, which Standing Orders require to be accurate, that each Special Adviser was appointed in accordance with the Code.
“From sworn testimony to the RHI Inquiry, we now know this to be untrue. So, the question to each minister who gave such false replies is why did they deliberately mislead the House?
“Sadly, this but typifies the dishonourable standard of government which prevailed at Stormont.
“By correspondence I have drawn the attention of the RHI Inquiry to the relevant Assembly Questions and Answers.”
Note to editors
The relevant questions and answers are as follows:
AQW 1549/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 01/07/2011
Answered On Date: 20/07/2011
Priority Written: No
Question:
To ask the Minister of Agriculture and Rural Development (i) how many candidates were considered for the post of Ministerial Special Adviser; (ii) what account was taken of any potential imbalance in religious background or gender in the pool from which she selected her Special Adviser; (iii) how wide was the trawl for candidates and how did she ensure that it was ‘broadly based’ as required by the Code of Practice on the Appointment of Special Advisers; and (iv) to publish the job description and person specification drawn up before the Special Adviser was appointed.
Answer:
I am aware of the process to appoint Special Advisers. I can assure the Member that the appointment was carried out in line with established procedures and the Code of Practice on the Appointment of Special Advisers.
AQW 1550/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 01/07/2011
Answered On Date: 17/09/2012
Priority Written: No
Question:
To ask the First Minister and deputy First Minister, in the case of each Special Adviser within their Department, (i) how many candidates were considered for the posts of Ministerial Special Adviser; (ii) what account was taken of any potential imbalance in religious background or gender in the pool from which they selected the Special Advisers; (iii) how wide was the trawl for candidates and how did they ensure that it was ‘broadly based’ as required by the Code of Practice on the Appointment of Special Advisers; and (iv) to publish the job description and person specification drawn up before the Special Advisers were appointed.
Answer:
All Ministerial advisers were appointed in line with the Code of Practice on the Appointment of Special Advisers.
AQW 1551/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 01/07/2011
Answered On Date: 12/09/2011
Priority Written: Yes
Question:
To ask the Minister of Finance and Personnel (i) for his assessment of whether the Code of Practice on the Appointment of Special Advisers has been followed by all Ministers; and (ii) what steps his Department took to ensure that the Code was complied with during the recent appointments of Special Advisers.
Answer:
Whether the guidance contained in the Code of Practice on the Appointment of Special Advisers was followed is a matter for each individual Minister as the Appointing Authority. My Department therefore did not take steps to monitor the use of this guidance during the recent appointments of Special Advisers.However, DFP will have a monitoring role as proposed under the terms of the recent review into the appointment of Special Advisers.
AQW 1643/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 06/09/2011
Answered On Date: 12/09/2011
Priority Written: Yes
Question:
To ask the Minister of Culture, Arts and Leisure, pursuant to AQW 1420/11-15, why she claimed in a BBC Spotlight programme that “the party appointed myself and Mary McArdle to these positions” when the DFP Code of Practice on the Appointment of Special Advisers places the onus for the selection of a Special Adviser on the Minister and states that Ministers should make the selection on justifiable grounds, that Ministers have a personal responsibility and that Ministers should ensure that they consider a number of candidates.
Answer:
I appointed Mary McArdle as my Special Adviser.
AQW 1651/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 06/09/2011
Answered On Date: 15/09/2011
Priority Written: No
Question:
To ask the Minister of Education, pursuant to AQW 1548/11-15, the answer to which failed to provide the information requested, to now provide details of (i) how many candidates were considered for the post of Ministerial Special Adviser; (ii) what account was taken of any potential imbalance in religious background or gender in the pool from which he selected his Special Adviser; (iii) how wide was the trawl for candidates and how did he ensure that it was ‘broadly based’ as required by the Code of Practice on the Appointment of Special Advisers; and (iv) to publish the job description and person specification drawn up before the Special Adviser was appointed.
Answer:
I refer the member to the answer to AQW 1548/11-15 which was published in the Official Report on 29 July 2011.
AQW 1652/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 06/09/2011
Answered On Date: 12/09/2011
Priority Written: No
Question:
To ask the Minister of Culture, Arts and Leisure, pursuant to AQW 1476/11-15, the answer to which failed to provide the information requested, to now provide details of (i) how many candidates were considered for the post of Ministerial Special Adviser; (ii) what account was taken of any potential imbalance in religious background or gender in the pool from which she selected her Special Adviser; (iii) how wide was the trawl for candidates and how did she ensure that it was ‘broadly based’ as required by the Code of Practice on the Appointment of Special Advisers; and (iv) to publish the job description and person specification drawn up before the Special Adviser was appointed.
Answer:
I refer the member to my answer to AQW 1476/11 -15.
AQW 1654/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 06/09/2011
Answered On Date: 15/09/2011
Priority Written: No
Question:
To ask the Minister of Agriculture and Rural Development, pursuant to AQW 1549/11-15, the answer to which failed to provide the information requested, to now provide details of (i) how many candidates were considered for the post of Ministerial Special Adviser; (ii) what account was taken of any potential imbalance in religious background or gender in the pool from which she selected her Special Adviser; (iii) how wide was the trawl for candidates and how did she ensure that it was ‘broadly based’ as required by the Code of Practice on the Appointment of Special Advisers; and (iv) to publish the job description and person specification drawn up before the Special Adviser was appointed.
Answer:
I have nothing further to add to my response to AWQ 1549/11-15. I am aware of the process to appoint Special Advisers. I can assure the Member that the appointment was carried out in line with the procedures. The detailed process of the selection was not carried out by my officials but by my Party.
AQW 2752/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 30/09/2011
Answered On Date: 13/10/2011
Priority Written: No
Question:
To ask the Minister of Justice (i) how many candidates were considered for the post of Ministerial Special Adviser; (ii) what account was taken of any potential imbalance in religious background or gender in the pool from which he selected his Special Adviser; (iii) how wide was the trawl for candidates and how did he ensure that it was ‘broadly based’ as required by the Code of Practice on the Appointment of Special Advisers; and (iv) to publish the job description and person specification drawn up before the Special Adviser was appointed.
Answer:
Three candidates were considered for the post of Special Adviser to the Minister of Justice. These candidates represented the different perceived religious backgrounds and both genders. In addition, I consulted with a number of people to ensure my consideration of candidates was ‘broadly based’ as required by the Code of Practice on the Appointment of Special Advisers.
The job description for the Special Advisor is that within paragraph 3 of Schedule 2 of the Code of Practice on the Appointment of Special Advisers.
In addition, each candidate was assessed against the following criteria, those being:
knowledge of the operation of government and the Assembly;
knowledge of the justice system;
broad sympathy with the Alliance party;
possession of a third level qualification in a relevant field;
an ability to represent the Minister in dealing with Non Government Organisations (NGOs) and other Special Advisers; and
effective communication and networking skills.
AQW 10547/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 18/04/2012
Answered On Date: 23/04/2012
Priority Written: Yes
Question:
To ask the Minister of Culture, Arts and Leisure, pursuant to AQW 10240/11-15, and given that the information requested was not provided in her answer, to detail (i) the job description deployed; (ii) the person specification; (iii) how the vacancy was made known; (iv) how many candidates were considered; (v) the criteria against which candidates were judged; (vi) what regard was given to avoiding any imbalance of religious belief; and (vii) what documentation exists pertaining to the appointment.
Answer:
The DCAL Special Adviser was appointed in accordance with the Code of Practice on the Appointment of Special Advisers and the Civil Service Commissioners (NI) Order 1999 as amended.
AQW 15561/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 15/10/2012
Answered On Date: 29/10/2012
Priority Written: No
Question:
To ask the Minister of Finance and Personnel what arrangements are in place for declarations of interest by Special Advisers.
Answer:
Special Advisers are contractually required to abide by the conduct provisions in the NICS HR Handbook with the exception of the rules on political activities. As for all other civil servants, this requires declarations of interest if there is the potential for furthering private interests or the interests of others, both financial and otherwise, because of their official position or information acquired in the course of their official duties. Whilst free to engage in local political activities, including serving on a local authority, Special Advisers must beware of conflicts of interest and must adhere to certain provisions as set out in their Code of Conduct at Schedule 2 of their model contract, which I arranged to be placed in the Assembly library in April 2012.
AQW 19246/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 31/01/2013
Answered On Date: 26/02/2013
Priority Written: No
Question:
To ask the Minister of Education (i) whether his Special Adviser has made any declarations on interest, pursuant to the obligation of civil servants; (ii) how such declarations are recorded; and (iii) whether they are open to public inspection.
Answer:
Like all civil servants Special Advisers are contractually required under the Standards of Conduct Section 6.01 of the NICS HR Handbook to declare any conflicts of interest so that decisions can be made on the best way to proceed. There is no published register of such declarations.
AQW 19247/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 31/01/2013
Answered On Date: 29/04/2013
Priority Written: No
Question:
To ask the Minister of Culture, Arts and Leisure (i) whether her Special Adviser has made any declarations of interest, pursuant to the obligation on civil servants; (ii) how such declarations are recorded; and (iii) whether they are open to public inspection.
Answer:
(i) No declarations of interest have been made by my Special Adviser.
(ii) Declarations of interest are recorded in departmental registers
(iii) The registers are accessible under the provisions of the Freedom of Information Act 2000.
AQW 19248/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 31/01/2013
Answered On Date: 14/02/2013
Priority Written: No
Question:
To ask the Minister of Agriculture and Rural Development (i) whether her Special Adviser has made any declarations of interest, pursuant to the obligation on civil servants; (ii) how such declarations are recorded; and (iii) whether they are open to public inspection.
Answer:
The Special Adviser has not made a declaration of interest.
The NICS HR Handbook sets out at section 6.01 the Standards of Conduct to which all Civil Servants must adhere. In respect of conflict of interest it states “where a conflict of interest arises, you must declare the interest to your Establishment/Personnel Division so that a decision can be made on the best way to proceed”.
Not applicable (see response to (i) above).
AQW 19249/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 31/01/2013
Answered On Date: 20/02/2013
Priority Written: No
Question:
To ask the First Minister and deputy First Minister (i) whether any of the Special Advisers within their Department have made declarations of interest, pursuant to the obligation on civil servants; (ii) how such declarations are recorded; and (iii) whether they are open to public inspection.
Answer:
No Special Advisers within OFMDFM have made declarations of interest.
AQW 19250/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 31/01/2013
Answered On Date: 12/02/2013
Priority Written: No
Question:
To ask the Minister of the Environment (i) whether his Special Adviser has made any declarations of interest, pursuant to the obligation on civil servants; (ii) how such declarations are recorded; and (iii) whether they are open to public inspection.
Answer:
My Special Adviser has made no declarations of interest since his appointment. In line with NICS arrangements declarations of interests in this Department are centrally recorded on HRConnect. Such declarations by staff are personal data as defined under the Data Protection Act 1998. Any requests to view this central record would be considered on a case by case basis under the provisions of that Act, including seeking the consent to disclosure of the data subject concerned.
AQW 19291/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 01/02/2013
Answered On Date: 12/02/2013
Priority Written: No
Question:
To ask the Minister of Finance and Personnel (i) whether his Special Adviser has made any declarations of interest, pursuant to the obligation on civil servants; (ii) how such declarations are recorded; and (iii) whether they are open to public inspection.
Answer:
The Minister’s Special Adviser has completed a ‘Declaration of Interests’form and has advised of any declarations of interest.
Completed ‘Declaration of Interests’ forms are held by the Departmental Establishment Officer.
The DFP Website currently advises that a Register of Interests is maintained by DFP.
AQW 19292/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 01/02/2013
Answered On Date: 25/02/2013
Priority Written: No
Question:
To ask the Minister of Health, Social Services and Public Safety (i) whether his Special Adviser has made any declarations of interest, pursuant to the obligation on civil servants; (ii) how such declarations are recorded; and (iii) whether they are open to public inspection.
Answer:
My Special Adviser has not made any declarations of interest;
My Special Adviser is required to declare any potential conflict of interest to the Establishment Officer in Departmental HR in accordance with the conduct provisions in Section 6.01 of the Employee Relations part of the NICS HR Handbook. Records of declarations of potential conflict of interest are held by Departmental HR in a Register of Interest and on the individual’s Personal File;
The Register of Interest is not open to public inspection, with the exception of declarations made by Departmental Board members, which are published in the Department’s Annual Resource Accounts.
AQW 19293/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 01/02/2013
Answered On Date: 13/02/2013
Priority Written: No
Question:
To ask the Minister for Social Development (i) whether his Special Adviser has made any declarations of interest, pursuant to the obligation on civil servants; (ii) how such declarations are recorded; and (iii) whether they are open to public inspection.
Answer:
My Special Adviser has not made any declarations of interest. Records of any declarations of interest are placed on an individual’s personal file by the Department’s HR Division, to whom such declarations must be made in accordance with the conduct provisions in the NICS HR Handbook. Declarations of interest are not open to public inspection, with the exception of those made by members of DSD’s Departmental Management Board which are published in the Department’s Annual Resource Accounts.
AQW 19299/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 01/02/2013
Answered On Date: 11/02/2013
Priority Written: No
Question:
To ask the Minister for Regional Development (i) whether his Special Adviser has made any declarations of interest, pursuant to the obligation on civil servants; (ii) how such declarations are recorded; and (iii) whether they are open to public inspection.
Answer:
I can confirm that no declarations of interest have been made by my Special Adviser.
AQW 19300/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 01/02/2013
Answered On Date: 14/02/2013
Priority Written: No
Question:
To ask the Minister for Employment and Learning (i) whether his Special Adviser has made any declarations of interest, pursuant to the obligation on civil servants; (ii) how such declarations are recorded; and (iii) whether they are open to public inspection.
Answer:
Special Advisers are contractually required to abide by the conduct provisions in the NICS HR Handbook with the exception of the rules on political activities, as per Standards of Conduct Section 6.01: “Where a conflict of interest arises, you must declare the interest to your Establishment/Personnel Division so that a decision can be made on the best way to proceed.” Special Advisers are treated the same as civil servants in this regard.
All staff in my Department are required to notify the Establishment Officer/Senior Business Partner if they wish to undertake any secondary paid or unpaid employment to ensure compliance with the requirements in the HR Handbook. Human Resources holds a database of this information. The Department does not open this information to public inspection. The database contains personal data as defined in the Data Protection Act 1998 (DPA). Disclosure of such information is likely to breach the first and sixth principles of the DPA.
Prior to appointment, my current temporary Special Adviser notified the Department of his secondary occupation as a Councillor. His duties as a Councillor do not preclude him from undertaking his role as my Special Adviser. The details on the secondary occupation are recorded on the database held by Human Resources.
AQW 20418/11-15
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 27/02/2013
Answered On Date: 20/03/2013
Priority Written: No
Question:
To ask the Minister of Education, pursuant to AQW 19246/11-15, whether his Special Adviser has made any declarations of interests.
Answer:
My Special Adviser has not made any declaration of interests.
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 14/10/2016
Answered On Date: 23/11/2016
Priority Written: No
Question:
To ask the Minister of Health (i) how many candidates were considered for the post of Ministerial Special Adviser; (ii) what account was taken of any potential imbalance in religious background or gender in the pool from which she selected her Special Adviser; (iii) how wide was the trawl for candidates; (iv) how did she ensure that it was broadly based as required by the Code of Practice on the Appointment of Special Advisers; and (v) to publish the job description and person specification drawn up before the Special Adviser was appointed.
Answer:
The Department of Health’s Special Adviser was appointed in accordance with the Code Governing the Appointment of Special Advisors.
AQW 5435/16-21
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 14/10/2016
Answered On Date: 26/10/2016
Priority Written: No
Question:
To ask the Minister of Finance (i) how many candidates were considered for the post of Ministerial Special Adviser; (ii) what account was taken of any potential imbalance in religious background or gender in the pool from which he selected his Special Adviser; (iii) how wide was the trawl for candidates; (iv) how did he ensure that it was broadly based as required by the Code of Practice on the Appointment of Special Advisers; and (v) to publish the job description and person specification drawn up before the Special Adviser was appointed.
Answer:
The Department of Finance Special Adviser was appointed in accordance with the Code Governing the Appointment of Special Advisers.
AQW 5464/16-21
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 17/10/2016
Answered On Date: 22/11/2016
Priority Written: No
Question:
To ask the Minister for the Economy (i) how many candidates were considered for the post of Ministerial Special Adviser; (ii) what account was taken of any potential imbalance in religious background or gender in the pool from which he selected his Special Adviser; (iii) how wide was the trawl for candidates; (iv) how did he ensure that it was broadly based as required by the Code of Practice on the Appointment of Special Advisers; and (v) to publish the job description and person specification drawn up before the Special Adviser was appointed.
Answer:
The appointment of my Special Adviser was done in accordance with the Code Governing the Appointment of Special Advisers.
AQW 5472/16-21
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 17/10/2016
Answered On Date: 26/10/2016
Priority Written: No
Question:
To ask the Minister of Justice (i) how many candidates were considered for the post of Ministerial Special Adviser; (ii) what account was taken of any potential imbalance in religious background or gender in the pool from which she selected her Special Adviser; (iii) how wide was the trawl for candidates; (iv) how did she ensure that it was broadly based as required by the Code of Practice on the Appointment of Special Advisers; and (v) to publish the job description and person specification drawn up before the Special Adviser was appointed.
Answer:
A Code of Practice on the appointment of Special Advisers was first drawn up in 1999 and approved by the Executive. This has been subsequently updated (see link below to the latest version dated 20 June 2016). The Code of Practice makes clear that each Minister and the Minister alone is the appointing authority for their Special Adviser. Given the personal nature of the appointment it is ultimately for each Minister to decide the basis on which to appoint their Special Adviser.
https://www.financeni.gov.uk/sites/default/files/publications/dfp/Code%20Governing%20the%20Appointment%20of%20Special%20Advisers%20-%2027%20June%202016.pdf
AQW 5476/16-21
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 17/10/2016
Answered On Date: 31/10/2016
Priority Written: No
Question:
To ask the Minister for Infrastructure (i) how many candidates were considered for the post of Ministerial Special Adviser; (ii) what account was taken of any potential imbalance in religious background or gender in the pool from which he selected his Special Adviser; (iii) how wide was the trawl for candidates; (iv) how did he ensure that it was broadly based as required by the Code of Practice on the Appointment of Special Advisers; and (v) to publish the job description and person specification drawn up before the Special Adviser was appointed.
Answer:
I can confirm that my Special Adviser was appointed in accordance with the ‘Code Governing the Appointment of Special Advisers’.
Conor Heaney was appointed in the Department for Infrastructure on 6 June 2016. Prior to this he was a Special Adviser in the Executive Office.
AQW 5812/16-21
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 20/10/2016
Answered On Date: 09/11/2016
Priority Written: No
Question:
To ask the Minister for Communities (i) how many candidates were considered for Ministerial Special Adviser; (ii) what account was taken of potential imbalance in religious background or gender in the pool from which he selected his Special Adviser; (iii) how wide was the trawl for candidates and how did he ensure that it was broadly based as required by the Code of Practice on the Appointment of Special Advisers; and (iv) to publish the job description and person specification drawn up before the Special Adviser was appointed.
Answer:
The Department for Communities Special Advisor was appointed in accordance with the Code Governing the Appointment of Special Advisors.
AQW 5813/16-21
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 20/10/2016
Answered On Date: 23/11/2016
Priority Written: No
Question:
To ask the Minister of Agriculture, Environment and Rural Affairs (i) how many candidates were considered for Ministerial Special Adviser; (ii) what account was taken of potential imbalance in religious background or gender in the pool from which she selected her Special Adviser; (iii) how wide was the trawl for candidates and how did she ensure that it was broadly based as required by the Code of Practice on the Appointment of Special Advisers; and (iv) to publish the job description and person specification drawn up before the Special Adviser was appointed.
Answer:
My Ministerial Special Adviser was appointed in accordance with the Code of Practice on the Appointment of Special Advisers.
AQW 5955/16-21
Mr Jim Allister
Traditional Unionist Voice
North Antrim
Tabled Date: 24/10/2016
Answered On Date: 07/11/2016
Priority Written: No
Question:
To ask the Minister of Education to detail (i) how many candidates were considered for the post of Ministerial Special Adviser; (ii) what account was taken of any potential imbalance in religious background or gender in the pool from which he selected his Special Adviser; (iii) how wide was the trawl for candidates and how did he ensure that it was ‘broadly based’ as required by the Code of Practice on the Appointment of Special Advisers; and (iv) to publish the job description and person specification drawn up before the Special Adviser was appointed.
Answer:
My Special Adviser was appointed in compliance with the Code Governing the Appointment of Special Advisers.
OFMDFM question never answered tabled 20/10/2016
AQW 5814/16-21
Mr Jim Allister
(TUV – North Antrim)
To ask the First Minister and deputy First Minister to detail (i) how many candidates were considered for the post of Special Adviser; (ii) what account was taken of any potential imbalance in religious background or gender in the pool from which they selected their Special Adviser; (iii) how wide was the trawl for candidates; (iv) how did they ensure that it was ‘broadly based’ as required by the Code of Practice on the Appointment of Special Advisers; and (v) to publish the job description and person specification drawn up before the Special Adviser was appointed.