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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
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Displaying 1261 contributions
Standards, Procedures and Public Appointments Committee
Meeting date: 7 October 2021
Tom Arthur
There will be a significant amount of work on that. The first point to stress is that, as it is a model code, it is for individual boards to take account of the revised model code, should it be agreed to by the Parliament, and to apply that to their own revised code.
The legislation creates a window of a minimum period of three months from parliamentary approval to a board being obliged to submit to ministers a revised code. We are giving boards six months to consider the revised code, should it be approved by the Parliament, to redevelop their own codes and to submit them to ministers. The idea—[Inaudible.]—board meeting—[Inaudible.]—take place. The process of boards adopting codes is for them. There will of course be direct communication from relevant Government officials to ensure that boards are aware of the need to commence work, should the code be approved by the Parliament, to update their codes to reflect the new revised model code.
Beyond that, it will be for individual boards and individual members to ensure that they are fully apprised of the details of their own codes, which will of course have to reflect the revised model code. However, although it is incumbent on individual board members to familiarise themselves with the terms of their board’s particular code, the Scottish Government’s public bodies unit provides induction workshops, in which the Standards Commission and the commissioner lead sessions. The Standards Commission can also provide guidance and ad hoc sessions as resource allows. A variety of support is available but, principally, it will be for boards to reflect on the model code, subject to the Parliament’s agreement, and within six months to submit to ministers their revised codes, taking account of the new model code. Subject to ministers’ approval, it will then be for individual board members to ensure that they are informed and updated to take ownership of their board’s revised code. I apologise for the rather convoluted way of expressing that, but I hope that it has conveyed the point.
Standards, Procedures and Public Appointments Committee
Meeting date: 7 October 2021
Tom Arthur
I am certainly happy to respond to the committee by then and will endeavour to give the fullest answer that I can. I am very grateful to the committee for its probing questions and scrutiny, which have exposed some areas that perhaps had not been considered before. In particular, I am sure that a number of us will want to reflect on the issues that Mr Mountain raised in his line of questioning with regard to not just the code for councillors and the model code for members of public bodies but the MSP code. I am grateful for the committee’s contribution and I am happy to write back to you ahead of the date that you have referred to.
Standards, Procedures and Public Appointments Committee
Meeting date: 7 October 2021
Tom Arthur
I apologise to Ms White if I did not answer the question. The revised code received broad support. The particular issues that were raised, which are available in the consultation document, were considered and were incorporated by tightening the language in the code. If possible, I will bring in Ian Thomson to expand on that and address the points that you raise.
Standards, Procedures and Public Appointments Committee
Meeting date: 7 October 2021
Tom Arthur
I invite Ian Thomson to respond on the technical point about the implications of the language that is used.
Standards, Procedures and Public Appointments Committee
Meeting date: 7 October 2021
Tom Arthur
Your question is quite specific, Mr Mountain. It might be appropriate for me to invite Ian Thomson to address that point.
Standards, Procedures and Public Appointments Committee
Meeting date: 7 October 2021
Tom Arthur
We conducted a consultation from October last year to February of this year and had 45 respondents. As one would imagine, they expressed a variety of views but, overall, there was broad support for what we are trying to achieve with the revised model code.
As I touched on my opening remarks, there was support for the removal of information that was not necessarily applicable or required and, reflecting the changing mores of the past seven years, for the strengthened guidance on social media, bullying and harassment and collective responsibility.
Another key area where broad support emerged in the consultation was the adoption of a first-person narrative throughout the code. That will strengthen the sense of responsibility that individual members of boards have to understand the code and adhere to it.
I am happy to bring in Ian Thomson if he wants to make any other points. I want to ensure that I am giving the committee the fullest answers possible.
09:15Standards, Procedures and Public Appointments Committee
Meeting date: 7 October 2021
Tom Arthur
I apologise for the confusion; I heard you mention section 6. General conduct and respect and courtesy are under section 3 of the revised model code, which gives definitions of bullying and harassment. In relation to your point about inappropriate behaviour being subjective, it is about what the individual feels in a particular situation. That definition has been adopted more widely across a range of institutions.
In relation to your point about the first-person narrative, as I touched on in my answer to the convener, it is about strengthening the narrative that it is for individual board members to take responsibility by not only familiarising themselves with the code but ensuring that they understand the code and adhere to it, and by seeking further guidance when appropriate from the standards officer or chair of their board to ensure that they comply with the code. It is about taking ownership and personal responsibility, which is why the decision was taken to move to a first-person narrative. That was queried by some people during the consultation, but there was broad support for the move. It is about strengthening the ownership that board members are expected to take of their conduct and understanding the code.
Standards, Procedures and Public Appointments Committee
Meeting date: 7 October 2021
Tom Arthur
I take your point and I will reflect on it. The document will be complemented by guidance produced by the Standards Commission for Scotland, so there might be an opportunity to address any confusion in the guidance. That matter did not emerge to any great extent during the consultation, but I appreciate your point and I am happy to reflect on it. If there is a case to consider that, it will be for the Standards Commission for Scotland as an independent body to determine what guidance it produces. We can engage on that issue if there appears to be a need to address it, but, as I said, it did not emerge to any great extent during the consultation process.
Standards, Procedures and Public Appointments Committee
Meeting date: 7 October 2021
Tom Arthur
I ask Ian Thomson to come in to reiterate the point about how the language was formulated and developed.
Standards, Procedures and Public Appointments Committee
Meeting date: 7 October 2021
Tom Arthur
Yes. That is a fair summary, convener. However, you make an interesting point about whether a process should be set out in advance for an automatic review after a particular length of time elapses, and I am happy to reflect on that.