Background and introduction

On 19 March 2024, the Scottish Parliamentary Corporate Body (SPCB) referred a report on its consideration of an excluded complaintⁱAn excluded complaint is a complaint that does not fall within the remit of the Ethical Standards Commissioner. regarding Michael Matheson MSP to the Standards, Procedures and Public Appointments SPPA Committee (the Committee). In referring the report to the SPPA Committee, the SPCB set out that it had determined that Mr Matheson’s conduct had breached Sections 7.3 and 7.4 of the Code of Conduct for Members of the Scottish Parliament (the Code). With the SPCB having concluded that breaches had occurred, the purpose of the referral was for the Committee to consider whether any sanctions should be recommended to the Parliament in light of the decisions reached by the SPCB. It was not the role of the Committee to reopen the investigation or report of the SCPB.

The background to the report is that costs of £10,941.74 were incurred by Mr Matheson on the iPad provided to him by the SPCB in the period between 28 December 2022 and 3 January 2023 during a holiday in Morocco. Mr Matheson later made a £3000 contribution towards these costs through his office cost provision under the Reimbursement of Members’ Expenses Scheme. Under the MSPs Use of Parliamentary Resources Policy such devices “must not be used to any significant extent” for purposes other than to support MSPs in their parliamentary duties. As set out in the SPCB report assurances were sought from Mr Matheson that the costs were incurred in relation to his parliamentary duties. The costs, including the contribution from Mr Matheson’s office cost provision, were met through parliamentary funds on the basis that they had been incurred in respect of the performance of parliamentary duties and not personal or Scottish Government use. Subsequently, Mr Matheson indicated on 10 November 2023 that he wished to reimburse the SPCB for the full amount of the Bill.