Local Government and Communities Committee

Meeting date: Wednesday, February 9, 2011

Official Report 493KB pdf

---

Subordinate Legislation

---

Public Appointments and Public Bodies etc (Scotland) Act 2003 (Amendment of Specified Authorities) (No 2) Order 2011 (Draft)

---

Scottish Public Services Ombudsman Act 2002 Amendment Order 2011 (Draft)

Good morning. Welcome to the fifth meeting in 2011 of the Local Government and Communities Committee. As I usually do at this time, I ask members to turn off all mobile phones and BlackBerrys.

Agenda items 1 and 2 are to take evidence on two draft affirmative Scottish statutory instruments. I welcome the first panel of witnesses. Fiona Hyslop MSP, the Minister for Culture and External Affairs, is joined by Sandy Robinson, principal architect; Jim Mitchell, senior architect; and Emma Thomson, principal legal officer, in the Scottish Government. I offer the minister an opportunity to make some opening remarks.

I present to the committee two draft Scottish statutory instruments. The first is the Public Appointments and Public Bodies etc (Scotland) Act 2003 (Amendment of Specified Authorities) (No 2) Order 2011—I said that without taking a breath. The purpose of the order is to amend the Public Appointments and Public Bodies etc (Scotland) Act 2003 to list Architecture and Design Scotland in schedule 2 under the heading “Executive bodies” rather than “Advisory bodies”.

The order has been laid following the recommendations of a policy and financial management review of Architecture and Design Scotland that was carried out in 2009. The review recommended that the body be reclassified, on the basis that its structure and responsibilities are more akin to those of a small executive non-departmental public body than to those of an advisory NDPB. A number of public and private bodies were consulted on the purpose of the order, as part of the policy and financial management review. All other necessary provisions have been made for the reclassification of the body. The order is the only remaining action that is required to position the body correctly in the 2003 act.

The second instrument is the Scottish Public Services Ombudsman Act 2002 Amendment Order 2011. The purpose of the order is to amend the 2002 act to add Architecture and Design Scotland to the list of specified bodies in schedule 2 that are liable to investigation by the Scottish Public Services Ombudsman. This order, too, follows the recommendations of the policy and financial management review that was carried out in 2009.

The order will make Architecture and Design Scotland a body that is liable to investigation under the 2002 act. Since it was established in 2005, Architecture and Design Scotland has complied voluntarily with the act. The body requires to implement no additional financial or operational measures in order to comply with the act.

The 2002 act requires the draft order to be submitted to the Privy Council for approval before it can come into force. If the committee is content to recommend that the order be approved, it will be submitted to the Privy Council at its meeting of 16 March 2011. The order will come into force the day after it is made.

I seek clarification of the status of Architecture and Design Scotland. Do the orders make the body a quango? What was its previous status?

Architecture and Design Scotland is changing status from an advisory quango—to use your term—to an executive body. Its responsibilities are not limited to providing advice; they are more extensive than that. Indeed, since the review made its recommendations, the body has taken on more responsibility in relation to staff who previously worked at the Lighthouse, so it is now also an implementation body. Its level of responsibility and budget are such that it needs to have a tighter relationship than that which goes with being simply an advisory body.

Will the proposed change give Architecture and Design Scotland any further powers? You have touched on two budgetary issues. Will the Public Appointments and Public Bodies etc (Scotland) Act 2003 (Amendment of Specified Authorities) (No 2) Order 2011 give the body any greater budgetary responsibilities, as well as powers?

No, the change of status will not give it a greater budget or more powers; that happened subsequent to the proposal for it to become an executive body. It currently employs 26 permanent staff and it has annual funding from the Scottish Government of £2.29 million—that figure is for 2010-11.

With regard to Architecture and Design Scotland’s responsibilities, the review was a standard review of a public body, with which your committee will be familiar. The recommendation was made and the body moved from being an advisory body to being an executive body.

I understand your making that move and I appreciate that aspect of your clarification, but I would like you to expand on the matter more generally. I am not terribly familiar with Architecture and Design Scotland—excuse me for not having detailed knowledge about it—so can you clarify its remit? What changes will the orders make to its remit?

The body was previously the Royal Fine Art Commission for Scotland, and its responsibilities moved. Much of what Architecture and Design Scotland does is to drive forward proposals that have been set out. It has a sustainable programme, under which it works with clients and professionals to give them an understanding about sustainable approaches to design and the built environment.

The body had an important role in the housing expo, and what was learned from that event has been disseminated. In design review, it has provided appraisals and advice to local authorities and industry on practical development proposals. The designing places and designing streets initiatives are gaining ground and influence with local authorities, and Architecture and Design Scotland is involved in those. It has an increasing role in relation to urbanism and engaging with different people with regard to good place making.

Through the contribution that it makes, Architecture and Design Scotland has key links with a number of bodies. I have an indication of the Lighthouse Trust responsibilities that have been transferred with regard to place making. Architecture and Design Scotland’s corporate plan—its detailed business plan—for 2010-11 has been established.

I hope that you will support the orders that are before us. If you wish more general information about Architecture and Design Scotland, we can provide it, but I do not think that that prevents us from fulfilling the statutory responsibilities of ensuring that the body is in good order with respect to the Scottish Public Services Ombudsman and other matters. The purpose of today’s discussion is to deal with the two draft statutory instruments.

Thank you for that clarification, minister.

How have the additional responsibilities that Architecture and Design Scotland has taken on regarding the Lighthouse Trust affected the decision that has been taken?

That did not affect the decision, as the formal review recommended the change previously.

I had misunderstood the minister’s earlier comments.

The development happened subsequently.

I had misunderstood your rationale for the change. I thought that the fact that the Lighthouse Trust was more firmly in the ambit of Architecture and Design Scotland had influenced the decision.

No. As I said in my opening remarks, the orders were laid following the recommendations of the policy and financial management review of Architecture and Design Scotland, which was carried out in 2009.

Can you explain what sort of scenario the Government thinks might arise that would require Architecture and Design Scotland to come under the auspices of the ombudsman?

On the basis that there are public appointments for membership of the board, it is standard procedure, and I think that there is general cross-party support for any public body to be subject to the ombudsman regarding appointments and so on, and also regarding investigation. Architecture and Design Scotland is a public body, with a budget of more than £2 million, so it is important that it is subject to the same scrutiny that applies to other public bodies that receive public moneys.

I suppose that what I am really asking is who would make a reference to the ombudsman in connection with the work of Architecture and Design Scotland?

As with any other public body, Architecture and Design Scotland comes under the ambit of the 2002 act, and so references can be made to the ombudsman about issues or concerns that people have about how it has or has not provided a service. Architecture and Design Scotland’s work involves members of the public, local authorities and private bodies, particularly in relation to place making. It provides a service; therefore, as with any other public body, if people have concerns about that, they can raise them with the ombudsman.

I am still struggling to think of scenarios in which that might occur, but I am happy to take the minister’s word for it on this occasion.

Alex Johnstone has withdrawn his question on the basis that it was covered by the minister’s response.

As there are no further questions, we proceed to consideration of motions S3M-7865 and S3M-7866.

Motions moved,

That the Local Government and Communities Committee recommends that the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) (No.2) Order 2011 be approved.

That the Local Government and Communities Committee recommends that the Scottish Public Services Ombudsman Act 2002 Amendment Order 2011 be approved.—[Fiona Hyslop.]

Motions agreed to.

I thank the minister and her officials for attending.

09:56 Meeting suspended.

10:02 On resuming—