A REQUEST to have a Tory MSP referred to Holyrood's Standards Commission over comments about a Scottish travel ban has been denied due to the Presiding Officer not having the correct powers.
John Hunter-Paterson, the vice-convener of the Scottish Independence Foundation, wrote to Presiding Officer Alison Johnstone (below) about comments made by Murdo Fraser concerning the travel ban from Scotland to Manchester and Salford.
The ban was announced last month due to rising cases of Covid-19 in the English areas and has since been repealed.
READ MORE: Scot writes to Presiding Officer over Tory MSP's 'unlawful' travel ban comments
Greater Manchester mayor Andy Burnham took issue with the ban, saying he was not contacted before it was announced. He also demanded compensation for travellers from his area who had to cancel plans. The request was rebuffed by Deputy First Minister John Swinney who said there was business support in place to help firms during the pandemic.
In the midst of the row, Fraser, MSP for the Mid Scotland and Fife region, encouraged people to cross the border in an interview with BBC Radio Manchester.
Hunter-Paterson wrote to Presiding Officer Alison Johnstone describing Fraser's comments as "unlawful" due to them encouraging people to break the law by travelling to Scotland, and "disrespectful to the laws of Scotland".
Now, he has received a reply from Johnstone's office about his letter saying that comments made by MSPs in interviews are not covered by the powers of the Presiding Officer to refer MSPs to the Standards Commission.
A spokesperson for the Presiding Officer said: "I do appreciate your view that Mr Fraser made a number of inappropriate comments. I understand the points you make and your concern at this behaviour, but I am sorry to say that it is not a matter that the Presiding Officer is able to help you with.
"The responsibilities of the Presiding Officer include investigating complaints about members’ conduct in the Chamber and how members engage with their constituents, I’m afraid that individual MSPs are responsible for the content of their own comments in interviews and therefore the Presiding Officer does not have any oversight role with this.
"In addition, the Code of Conduct for MSPs, which sets out the standards of behaviour which MSPs have to follow, does not extend to MSPs’ remarks in interviews."
It was suggested that Hunter-Paterson writes to Fraser directly to raise his concerns.
After receiving the response, Hunter-Paterson has called for the powers of the Presiding Officer to be extended to ensure all politicians maintain a high standard of conduct at all times.
READ MORE: Even Jacob Rees-Mogg knows outrage over 'rot in hell' tweet is ridiculous
He told The National: "The reply seems to indicate that there is no, apart from public opinion, legitimate means whereby an elected politician can be disciplined for comments or statements that breach the MSPs code of conduct as long as the event takes place outwith Holyrood.
"There appears to be no accountability and no recourse for the public to challenge MSPs. A grey area that needs to be investigated.
"It is the behaviour of our politicians that set the standards of conduct that the public is expected to follow."
Hunter-Paterson also suggested that a non-political body be set up to ensure that the MSP's code of conduct is followed and respected by all politicians and have the power to impose disciplinary measures.
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