Thank you for the opportunity to present evidence to the committee. As this is my first such evidence session, I will open with a short introductory statement, outlining the steps that I have taken in my role as commissioner over the past 10 months, first in relation to complaints and then in relation to public appointments. That more recent information will give the committee an up-to-date picture, as the annual report and public appointments report relate to 2018-19, which was before my appointment. I am of course ready to answer questions on those reports to the best of my ability. I also have senior members of my team here to address any points of detail.
I am a qualified chartered accountant with expertise in regulation and compliance, which has been developed over the past three decades, spanning public and private sector roles in professional services and financial services, both in local jurisdictions and internationally.
When I took up office on 1 April 2019, I reviewed operations and found them to be significantly in arrears in relation to complaints about councillors. The outstanding investigation legacy dated back to August 2018, which was of great concern to me. Having held many quasi-judicial and determinative roles, including disciplinary tribunal and investigative roles focused on the application of codes of conduct, I have extensive experience in the area. That experience makes me acutely aware of the negative impact of protracted investigation completion times on the elected representatives involved.
As at 1 April 2019, that legacy equated to the average number of reports that are submitted to the Standards Commission for Scotland in an 18-month period. I have a small office and there was a critical level of vacant posts when I took over. The situation was made even more pressing by the upcoming expansion of investigation work to include sexual harassment and inappropriate behaviour complaints and an overall backdrop of a rising volume of complaints.
I had to implement a recovery plan quickly to avoid further delays and to secure greater effectiveness and efficiency in complaint handling in order to be ready for increased demand. Previously, my office had predominantly used home-based variable-hours contractors as investigators, each working an average of only 10 hours per week.
With full Scottish Parliamentary Corporate Body approval, I moved quickly to recruit site-based investigators, who have come highly recommended from former Scottish public sector employers and international and local law firms. They include qualified lawyers and experienced investigators with outstanding qualifications and skills. My new senior investigating officer, Mr Campbell, took up post in June 2019, with other new full-time investigators taking up post in December 2019. That team is moving quickly through legacy investigations, producing high-calibre work.
In moving to full-time investigators, it has been possible to double the number of annual working hours that are available in order to more efficiently service complaints investigations. Additionally, complainers and respondents are now benefiting from having a dedicated, full-time, on-site investigator servicing their complaint. We have already received notable positive feedback on that greatly enhanced service. Those changes address the long-standing issue of the length of time taken to complete investigations, as raised by various stakeholders over the years.
I am also aware that investigator salaries have come under scrutiny by the committee in past years. The move to full-time investigators has doubled the number of available investigation hours while reducing salary costs by £75,000. The new salaries are in line with a regrading exercise that was carried out with the support of the SPCB. Former investigators had preserved rights from prior public sector posts, with an associated high price tag. I express my apologies that, due to human resources and data protection issues concerning individuals in a small office, I cannot go into much further detail.
In addition to putting in place new staff, I have overseen work to put into operation the case management system, which has been delayed for many years. In addition, all information technology hardware and software has been replaced as required, creating a robust platform from which to deliver a newly effective and efficient complaints handling approach.
Since April 2019, incoming complaints have significantly increased. Councillor complaints are up by 90 per cent pro rata, with councillor case numbers up by 50 per cent pro rata. MSP complaints are up by 500 per cent pro rata, and cases are up by 100 per cent on the previous period. Despite that increase and the fact that the new IOs have been in post only since December, MSP complaints are completely up to date, and the vast majority of councillor complaints have been assessed through to the past few weeks’ intake. I have introduced codification of procedures drawn from legislation to ensure transparency and robustness of approach in readiness for the upcoming scope expansion.
To conclude my coverage of complaints investigation, I alert members to the heightened complexity and gravitas of incoming complaints. For the first time since the relevant legislation was enacted some two decades ago, my office has—over the past six months—commenced four cases that required an interim report, with the potential suspension of the councillor concerned, pending full investigation. That represents a significant escalation in the legal complexity and profile of casework that is being handled.
Turning to public appointments, we can celebrate a milestone year in respect of gender equality, which creates a pipeline for better diversity in future board chairs of Scottish public bodies. Other diversity metrics have been slower to improve. My office previously recommended various diversity-related actions, which have not been adopted, with the Scottish Government having opted for a partnership-working-on-request approach.
With a revision of the public appointments code of practice scheduled for later in 2020, I envisage a move towards a more traditional regulatory relationship. For example, if the current code is not delivering on board diversity, I can revise the code with a view to promoting practices that will deliver that outcome. Those matters are expanded on in my public appointments report and in my strategic plan, which covers all office functions for the period of my tenure.
Thank you for the opportunity to make those introductory remarks. I look forward to answering your questions, and would particularly welcome any feedback on my strategic plan.