Standards, Procedures and Public Appointments Committee

Meeting date: Thursday, January 18, 2024

Official Report 431KB pdf

Commissioner for Ethical Standards in Public Life in Scotland

Item 2 concerns a report that we have received from the Commissioner for Ethical Standards in Public Life in Scotland on a public appointment. The report examines the methods and practices that the appointing minister used in making appointments to the Scottish Local Authority Remuneration Committee. The purpose of the commissioner’s examination was to determine whether there had been a change of policy during the appointment process that precluded serving councillors from sitting on SLARC due to their having an unmanageable conflict of interest.

During the examination, the commissioner established that the “Code of Practice for Ministerial Appointments to Public Bodies in Scotland” had not been complied with and that the principles of merit and integrity had been breached. A serving councillor who applied in good faith and was found to be suitable for appointment by the selection panel was not appointed by the appointing minister. The commissioner found that the appointment process was not fair and transparent.

The commissioner engaged with the Scottish Government officials during and after the appointment process. His recommendations are listed in paragraph 17 of the report, which was laid before Parliament with the reference CES/2023/02.

The committee is invited to agree what action—if any—it wishes to take in relation to the commissioner’s report. The committee may wish to consider writing to the Scottish Government to confirm its response on the points that are raised in the report and to inquire about the extent to which the recommendations in it have been addressed.

I invite comments from members, who have had a chance to look at the report. Is there anything that you would like to raise?

I would be quite comfortable to proceed as you have suggested and to write to the Government, asking it to confirm its response on the points that the report raises.

Excellent. Is the rest of the committee happy with that proposal?

Members indicated agreement.

Excellent. The committee will write to the Scottish Government to ask about the extent to which the recommendations have been implemented.

Is the committee also content to write to the commissioner about his report?

Members indicated agreement.

Excellent. I close the public part of the meeting.