71.New section 10B provides the Commissioner with power to publish specified information about investigations under section 10 and 10A of the 2009 Measure. The information the Commissioner may publish is set out at subsection (1). Subsection (3) specifies the information that must not be published: the identity of the person who made the complaint or information that would allow the person to be identified; any evidence obtained by the Commissioner in the course of the investigation; any opinion, inference or indication of whether the complaint is well-founded.
72.Subsection (4) provides that the Commissioner must have regard to the interests of fairness, the need to avoid prejudice to any criminal investigation or proceedings and the need to avoid harm to any person, before publishing information under section 10B.
73.Subsection (5) provides the Senedd with a power to set out in Standing Orders and rules relating to the consideration of complaints against Members of the Senedd, categories of investigation in respect of which information permitted to be published under section 10B must not be published.
74.Subsection (6) clarifies that the power conferred on the Commissioner by section 10B does not limit any of the Commissioner’s other powers to disclose or publish information.
Commentary on Sections Section 30A – Standards of Conduct Committee 10B – Publication of information about investigations