Thank you very much, convener. I thank the committee for having me. Ministerial appointments are a unique and essential part of public life. Currently, there are 717 ministerial public appointments across 90 public body boards. They are vital roles. I record my thanks to those who serve on those bodies, because their commitment, skills and expertise are hugely appreciated.
Most appointments are made for three or four years, and reappointments can be made for a maximum term of eight years. On average, there are 50 recruitment rounds a year, resulting in the appointment of between 120 and 150 people. Reappointments and extensions of appointments are also made annually.
The Commissioner for Ethical Standards in Public Life in Scotland plays an important role in that process. As the committee knows, the commissioner is required to publish a code of practice on how appointments to bodies are made by ministers, as well as on the methods and practices that are used in making them. The code is to include guidelines on how vacancies are to be publicised and how to encourage applications for vacancies. The commissioner is required to keep the code under review and promote compliance with it.
There are 11 people in the Scottish Government’s central public appointments team. They act as a centre of expertise to guide and support sponsor teams across the Government to deliver the public appointments process on behalf of the Scottish ministers. The team has almost daily contact with the commissioner’s office, and they act to secure compliance and promote good practice across the organisation and public bodies.
I am pleased that the process is delivered to a high standard. There have been few breaches of the code and no reports of material non-compliance have been made to the Parliament in recent years.
The current code provides a clear framework for officials to deliver the appointments process and give ministers assurance that people who have been recommended for appointments have been through a recruitment process that is fair, transparent and based on merit. The commissioner and I share a commitment to see that the ministerial public appointments process is efficient and delivers a diverse range of candidates for appointments.
When the commissioner gave evidence to the committee last December, she suggested that the Government’s response to the consultation on revisions to the code of practice was an “outlier” and that it showed
“a preference for the avoidance of scrutiny”.—[Official Report, Standards, Procedures and Public Appointments Committee, 10 December 2020; c 4.]
That is not the case, and I will be happy to give evidence that will demonstrate that.
We absolutely respect the independent role of the commissioner, which we value, and we welcome proportionate regulation of the appointments process, which is important. Officials aim to work with the commissioner’s team in an open and transparent way.
The consultation indicated that the commissioner has a preference for further prescription to be added to the code. As the committee might be aware, the recruitment process for ministerial public appointments currently takes about 20 weeks from ministerial agreement to proceed until the offer is made. I am concerned—as are other ministers—that adding additional steps to an already robust process could create unnecessary delay and impact on the ability of public bodies’ boards to function efficiently and respond effectively to unexpected vacancies. I know that the timescales involved were also of concern to the committee. There is also a risk that making an already rigorous process overly onerous might put off potential applicants.
As we look ahead and respond to both the current and long-lasting impacts of Covid and exit from the European Union, we have an opportunity to facilitate and encourage flexibility in a revised code. We are keen to work with the commissioner to identify appointment approaches that will help to deliver greater efficiency in the round, maximise the number of quality candidates, improve diversity and deliver value for money.
It is important that any code of practice is proportionate to the task at hand, and clarifies the role of all parties and the expectations of everyone involved. I certainly welcome the opportunity for further discussion of any revisions to the code and the commissioner’s plans for a regulatory strategy. I strongly encourage such engagement.
I recognise that our range of on-going initiatives and activities to improve the diversity of public appointees has been affected by the unprecedented challenges of the pandemic. Throughout this enormously challenging period, we have seen significant improvements in diversity, but there is always further to go. I will be interested to hear the committee’s views in that regard.
One of the most significant achievements is that 50 per cent of public appointees are women. However, we have also seen incremental improvements to the appointment rate of ethnic minority and disabled people. We are determined to maintain and build on that progress. We recognise the support that the Commissioner for Ethical Standards in Public Life in Scotland has provided in the past and will, I am sure, continue to provide in the future.
I hope that my remarks will help to sketch out the Government’s view. I am keen to hear the views of the committee on how we might best secure a fair and efficient process that will deliver diverse and effective candidates to serve on our public boards, which could be only to the benefit of the people of Scotland.