Good afternoon and welcome to the 30th meeting in 2008 of the Finance Committee. I ask members of the committee and of the public to turn off all mobile phones and electronic equipment, because they interfere with the broadcasting system.
Yes, thank you. After saying something about the pay policies, I can, if the committee wishes, follow that up with a few remarks on the process that is followed when bodies' remits under pay policy are reviewed.
Please continue.
The aim of the process is to enable public bodies to submit outline or draft remits for agreement by ministers, or officials on ministers' behalf, that they fall within the policy. We have improved the process for the 2008-09 pay round by taking account of comments from those who were involved in previous rounds. In response to comments from bodies, colleagues in trade unions and other sources, we included a firm timetable in this year's policy; described an escalation process—the action that we need to take when a pay remit gets stuck; introduced clearer documentation; and established a more explicit approvals process that uses red, amber and green ratings.
It certainly is. You have painted a clear picture of a major and complex aspect of Government. I thank you for the clarity of your introductory explanation and I now invite questions from members.
Most of my questions are about the pay policy for senior posts. I stress that I am not talking about any individual who may or may not have held a post, but about the post and the job. I acknowledge that much of the pay policy has been inherited and that it has not necessarily been recently devised.
There you are. That was a long and specific question. Who wishes to deal with Mr Neil's raised hackles?
I will make a start, and invite Lesley Doherty to add anything that she wants.
I think that that is correct. The percentage at which Scottish Water bonuses will be paid was determined at the start of the regulatory period, about three or four years ago.
I think that it was three years ago.
The bonuses are linked to corporate and business objectives and were considered carefully by ministers at the time.
So the bonus in question was set three or four years ago.
Yes. The percentage of the bonus will have been set at the same time as market information was brought forward on the salary or salary range. We can consider the specific case of Scottish Water in terms of the supporting information that a body would provide. I expect that Scottish Water looked at salaries in water companies in England, for example, and used those as a comparator. Scottish Water would have researched pay rates, including bonus amounts, for the chief executives of, say, Anglian Water or Yorkshire Water. That is my understanding, but we can confirm that.
My colleague wants to come in, but I will obviously have further questions.
I just want to tease this out. My understanding is that the bonus is comprised of two parts. The first part is a maximum—I stress that—of 40 per cent of basic pay. Under the terms of your guidance, that would need to be signed off by a special process.
That is correct.
The second bonus, which is what I believe you have been describing, has been set to cover a period of time and is much smaller. The horror that has been expressed is about the first bonus, which was paid at 38 per cent last year and which has still to be confirmed for this year. Can you describe the special sign-off process that that requires?
Ms Baillie is right to draw attention to the special nature of the bonus arrangement that applies to Scottish Water, which is a public corporation subject to regulation by the water industry commissioner. I am not intimately familiar with the details of the bonus, but I know that the chief executive of Scottish Water is contractually entitled to consideration for a significantly larger bonus than other chief executives in public sector bodies. The matter will have been specifically considered and agreed by ministers at the time by reference to market comparators. Because that bonus has to be earned year after year, its allocation in any given year is primarily a matter for the remuneration committee of Scottish Water, but it is subject to approval through the policy process. Either the remuneration group or ministers themselves will agree the bonus year by year.
Has anyone at any time asked the consumers—Scottish Water's customers—what they think about the level of service that they are getting?
I am not aware that we have.
I am sure that they would not sign up to those film-star bonuses.
There are again a number of questions in there. Would Mr Brown like to respond?
I will do my best, although I do not think that I can respond to all the questions.
By the way, I am not blaming you.
I will take the questions in turn.
Is it not a matter of policy, given the amount of restructuring that took place in those organisations? The chief executives ensured that everyone else had to reapply for their jobs and the status and remuneration of jobs that people had to reapply for were completely changed to save money, but the chief executives seem to be immune from any of that. That is not fair.
I am neither agreeing nor disagreeing with your point. I can offer to speak to colleagues in the enterprise, energy and tourism directorate and seek some further information for the committee on that point.
I remind the committee that restrictions apply to such evidence taking. Members should respect that.
Yes.
Do you wish to continue to answer the questions?
Yes. On the question about pay-offs, I understand that the calculation of the amounts that are due to individuals whose contracts are terminated or whatever are checked out by human resources professionals and, if necessary, lawyers. They represent the amount to which each individual is legally entitled. Clearly, it should not happen that a payment to an individual exceeds the amount to which they are entitled.
When we compare the entitlements of people at the top of the ladder with those of people further down the ladder, some of the former appear to be excessive. As you rightly said, a key objective of the pay policy is fairness, but two completely separate pay policies seem to apply: one for people on the front line who are doing the work and another for those at the top of the tree. My point is that those at the top of the tree seem to be taking the taxpayer for a ride. It is no wonder that we have industrial relations problems in the public sector when those who deliver our front-line services see the chiefs running away with substantial amounts of money.
Mr Neil makes his point well, but we need also to bear it in mind that there are areas into which we should not drag you, Mr Brown.
It was a fair policy question.
Do you wish to respond, Mr Brown?
I will provide advice to the committee in writing, just as soon as I can, on the composition of recent payments following redundancy, severance or whatever, and with particular reference to HIE.
And Scottish Enterprise, too. Although that example is an earlier one, similar issues arose. I am putting questions about the policy of fairness.
Yes.
We have to define fairness. I do not dispute the payments—people were legally entitled to them—but who wrote the contracts that resulted in such payments for people at the top when those lower down the ladder were not entitled to similar levels of pay-off when they were laid off?
I will write to the committee just as soon as I can to cover some of that.
I remind members that we will have the cabinet secretary's responses when he gives evidence. He can go into areas that officials are loth to, and answer questions that it would not be fair to ask them.
I acknowledge what you say, convener, but my question follows on from Mr Neil's line of questioning.
The senior appointments policy has not changed greatly. Most of the improvements and changes that I described earlier relate to the policy that governs staff pay. Most of the terms in the current pay policy for senior appointments—dated October as you said—would have applied for the past year and would therefore have applied to the appointment of the new chief executive of Scottish Water. The body would have had the opportunity to review contract arrangements and pay ranges. I am afraid that I do not have at my fingertips the exact details of what happened. Would it be acceptable if I wrote to the committee with those details?
That would be appreciated.
That would be helpful.
I am not aware that that is happening. I would like to look into it further and to address that point in the further written response to the committee.
I am grateful. Just so that I am clear, is "not aware" a way of saying that it has not happened?
No.
It is just that you are not aware whether it has or has not happened.
That is correct.
I want to double-check what your responsibility is within the Government.
In the finance directorate I have overall responsibility for operating ministers' pay policy.
So you would be aware if such a revision were taking place because, according to the policy, you should be informed of it.
I would not necessarily be aware that a revision was happening. I would be aware if a revision were concluded and proposals came in from the sponsored body—from Scottish Enterprise.
So, six months into the changes that were ratified in April, you are not aware that a revision has happened. It would helpful if you could come back to the committee on that.
I have given Lesley Doherty a moment to remind me whether there is something that I ought to be aware of, and she confirms that we have not received any proposals.
Is it correct that you will advise ministers on the pay levels for the two new quangos, Skills Development Scotland and the Scottish Futures Trust?
We have a role in that. The pay levels for individual NDPBs—as we prefer to call them—are a matter for the so-called sponsor team in the Scottish Government. For example, the director responsible for Scottish Enterprise is David Wilson, the director of the enterprise, energy and tourism directorate. The director responsible for Skills Development Scotland is Dr Andrew Scott, who looks after lifelong learning. However, we would certainly see the proposals that come in for consideration by the remuneration group and then by ministers.
Can you confirm that, under the policy that is in operation, ministers will provide the final sign-off for the salaries that are agreed for those two quangos?
Ministers' approval will have been sought for the pay ranges for the posts. The placing of an individual chief executive within the pay range is properly a matter for the board of the organisation.
And the bonuses or benefits for the two posts are not yet known.
You are referring to the chief executive of Skills Development Scotland and—
The chief executive of the Scottish Futures Trust. That post is being advertised at the moment. I have another question about the Scottish Futures Trust, but I will let you answer the previous question first.
The policy is clear. The maximum bonus would normally be 10 per cent of basic salary. If a body wants to propose a higher bonus, that would have to be seen and approved by ministers, because it would fall outside the parameters of the policy.
If I may, convener—
Others are waiting.
In answer to a parliamentary question that I asked about who will determine the salary and conditions of the chief executive of the new NDPB or quango, the Scottish Futures Trust, the cabinet secretary replied that that was a matter for the Scottish Futures Trust, which is a limited company fully owned by ministers. I was surprised that there was no reference to the public sector pay policy. Can you explain that?
The only light that I can shed on that for Mr Purvis's benefit is that the Scottish Futures Trust is very new and, as far as I am aware, ministers have still to take a final decision on whether the public sector pay policy will apply to it.
Oh, really?
Better get your application in.
I think that I will be behind Mr Neil in the queue.
Last question, Mr Purvis.
The new body has been constituted and registered at Companies House, and the post of chief executive has been advertised, so there has been consideration of the role and the responsibilities, but as far as you are aware—and you are the person to know—ministers have not stated whether the pay policy for senior appointments will apply to the post. Is that correct?
That is the position. Yes.
I think that you have had more than your fair share of questions, Mr Purvis.
The guidance that has helpfully been provided states:
The body would make a proposal and the remuneration group and, if necessary, ministers would reach a decision on whether a pay range or a spot rate was appropriate. However, the policy encourages a move from spot rates to pay ranges.
That brings me to my next question. Looking at the list of chief executives, I note that nine are on spot rates and that there are some anomalies. For example, the chief executive of Scottish Enterprise is on a pay range, but the chief executive of Highlands and Islands Enterprise is on a spot rate. Why is that?
I am not sure that I can give you a firm answer here and now. I observe that there has been a move away from spot rates towards pay ranges. For example—
I am interested to hear that, because the chief executive of VisitScotland is still on a spot rate. As far as I know, he has been there for a wee while. Should he not have been moved on to a pay range by now?
The specifics of that would be a matter for negotiation between the individual and the employer. A change would involve a change in the contractual terms of employment, albeit a minor one, between the chief executive and the employer.
Okay. You told us that the figure for the 38 chief executives' salaries was £3.6 million.
That is correct.
How much were the bonuses in total?
I do not have a figure for those with me.
Will you be able to provide one?
We should be able to provide the committee with the figure for the most recent year, 2007-08.
That would be useful.
I cannot really comment on the Government's policies, but there are several mechanisms or processes in the pay policy that seek to promote equality and fairness. For example, the effect over time of constraining the total pay rise for organisations that are calculated to be higher-paying organisations—a definition of which is provided—is to cause pay rates to cohere and converge.
I understand from your earlier remarks that, at the moment, we are maintaining rises in public sector pay at a flat rate—2 per cent—but doling out bonuses of 10 per cent and, in one case, up to 38 per cent to chief executives. How is that non-discriminatory?
The question goes to the heart of the policy, which is a matter for ministers. I am sorry if that sounds evasive, but the key parameters of the policy are reviewed each year, agreed by ministers and published.
Thank you.
Is the system capable of simplification? Different bodies are acting at different stages, and there is incrementalism from the past. How difficult would it be to get a simpler, clearer system?
We tussle with that question. Our aim is to make the system as easy to operate as possible, within the requirements of providing flexibility. Flexibility tends to bring complexity, because it means that the policy must adapt to the different requirements and priorities of the bodies that it covers. In my view—to some extent, these things are in the eye of the beholder—the policy for 2008-09 is somewhat more complicated than previous policies. Again in my view, that flows from the desire to provide more flexibility, to allow bodies to respond to key pay priorities such as equality or to attract, retain and motivate staff.
I will start with a general question. I do not know a great deal about the pay policy unit, but I would be interested to learn whether it includes anyone with a personnel or HR qualification.
I do not have one. I do not think that any of my colleagues in the unit does, but they have other kinds of qualifications.
They have statistical and finance qualifications but not HR qualifications.
That is interesting, given that you are dealing with pay and personnel issues. I recognise that the Government operates through generalists, but it might be helpful to have someone with a personnel or HR qualification when you negotiate with folk from the trade unions.
For clarity's sake, I explain that we in the pay policy team do not have negotiating-type contact with trade unions. We set and administer pay policy on behalf of ministers. Public bodies come to us with proposed remits that set the boundaries of pay offers to unions. Our job is to check and advise on whether the proposed remit fits within the policy; if it does not, we will help the body to adjust it so that it does. Once a body gets a remit agreed, it can negotiate within it with staff and staff representatives.
That is hugely helpful, because you have set yourself up for my next question. The criticisms that are made are that there is no negotiation—you have just described the process—or consistency and that there are interesting job evaluation and benchmarking exercises, delays and bureaucracy. I would like to examine a couple of those issues, if the convener will let me do so.
I did indeed walk into that question.
You did.
One issue that you are getting at is the extent to which ministers discuss policies with others before they finalise them. That is, of course, a matter for ministers. However, I know for a fact that, earlier this year, before the staff pay policy was finalised in April, Mr Swinney had two meetings with trade unions to give them the opportunity to make points to him. I do not think that he has characterised those meetings as negotiations in any sense, and I do not think that they were negotiations; rather, they provided an opportunity for the trade unions to have discussions with him before ministers collectively agreed and finalised the policy.
Okay. I will pursue such matters later with the trade unions.
Take a deep breath, Mr Brown.
There is a general approach to benchmarking public sector jobs—in fact, there is a choice of approaches. I think that around half of the bodies to which the policy applies use the job evaluation and grading support—JEGS—system, and there is also the Hay job evaluation scheme, which is a widely used private sector scheme offered by the Hay group. The name of the third scheme escapes me.
The Croner reward scale.
Yes. Public bodies can use any of those systems—indeed, if they found a fourth system and it was accredited, they could use it. The aim is to show the levels of responsibility of their grades of staff and to present information about how much people who are employed by other organisations are paid for jobs that involve broadly the same responsibilities. Bodies can go through the process when they want to in order to homologate or support their pay levels. Bodies also have recourse to job-weighting schemes when they want to propose changes to their pay and reward systems. That is the general context within which job evaluation and grading take place.
I am more than happy for you to write to me on that point.
You can write to us all on that, if you wish.
When the job evaluation was undertaken for the care commission, account was taken of a number of public bodies based on the data that we publish. The commission also had the opportunity to provide its own market information, and it did so on a limited basis. Some information from the NHS and local government has therefore been factored into the analysis.
We need to move on, so I will rush through my other questions. Criticism has been expressed regarding the delay in the process. As Mr Brown said, one of your objectives was to pay increases when they were due. I want to test that statement a little. We have received evidence that settlements have run late, and there is currently an eight-month delay in reaching a settlement for the care commission. The pay rise was due last April, but the process has still not been concluded. I am curious to know how your new timetable works and whether it will guarantee resolution of some of those issues.
I will make a start in attempting to answer those questions. It is our clear aim to improve the speed with which pay remits are turned round, which enables public bodies to go ahead with making offers and beginning negotiations with the trade unions. As I said in my opening remarks, I believe that we have done a bit better in the 2008-09 pay round, which started in May, than we did in previous years. As you have picked up, a timetable in annex D to the pay policy provides a benchmark or set of expectations for when the different steps in the process of agreeing a pay remit should be carried out in respect of the bodies that are covered. We have managed to adhere to that for some bodies, but not for all, so we have a target for improvement. Our aim is to ensure that all bodies are able to progress through the pay remit agreement process in line with the timetable.
Sorry, but the information to which the paper refers is not from the most recent year; it is from 2005-06.
Yes—our apologies. We will come clean on that. We updated the information in respect of 2007-08 but, because there was a time pressure, we did not go back and update the sheets for the previous years. That information was provided in January last year. That is why the position remained unchanged. We apologise for that.
So, the Scottish Government's main bargaining unit has provided outturn information—
It has provided outturn information for the years up to 2006-07.
Up to and including 2006-07, but not yet for—
I think that we have just received the information for 2007-08 as well.
The 2007-08 information is what is under discussion between us.
Yes.
Thank you. That was well spotted by the eagle eye of Jackie Baillie.
I will touch on the point about the care commission. Jackie Baillie rightly says that the process has taken a long time. The commission had a settlement date of 1 April this year, but it did not submit proposals to us for that settlement date until 24 October this year, so the proposals are not long in. The reasons for the delay are the protracted discussions on the commission's previous two-year remit and the implementation of the pay and grading review under that remit. As I said, the commission submitted its proposals to us on 24 October. We have done our assessment and the submission will go to the remuneration group this Friday. We have turned round the submission within the timetable, albeit at a much later date.
The public sector pay policy states that there is an absolute limit of 2 per cent for basic pay awards. That is interesting because, in a letter to the Public and Commercial Services Union, Sir Gus O'Donnell, the head of the civil service, put forward the view from the Chief Secretary to the Treasury that there is no 2 per cent pay limit for the United Kingdom. In light of that, are there any plans to review that specific point in the Scottish public sector pay policy?
I will do my best to answer that. The basic pay award limit for Scotland for 2008-09, which is explicit in the pay policy documents that we sent to the committee, is 2 per cent. We will need to investigate further what Sir Gus O'Donnell has said. As far as I understand it, that correspondence is pretty recent. Ministers will take into account a range of factors and considerations in reviewing the policy and deciding how it should be developed, changed or adjusted for 2009-10. Our aim is to issue the 2009-10 policy no later than one year after the 2008-09 one was issued, which indicates that it should come in the middle of April next year, as we issued the current policy in April this year. At that point, ministers will reflect on all the relevant considerations.
Will you reflect on that correspondence?
A letter from the head of the civil service is certainly a factor that would be taken into account. However, for clarity, I should say that the pay matters that we are discussing are devolved and are therefore matters for the Scottish ministers.
Another point that stands out in the public sector pay policy is that the Scottish Government has responsibility for dealing with 55 public bodies through the policy. One criticism that has been made of the process—we have had specific representations from Unison on the issue—is that the process is too long and overly bureaucratic. What are your thoughts on those comments?
As I said a moment ago in answer to a question from Jackie Baillie, we believe that, broadly, we are turning round pay remit proposals more quickly and more in line with our timetable than we have done in previous years. However, it is clear to us that there is still further to go. We have taken a range of actions this year to try to ensure that bodies can submit their proposed remits to us more quickly. For example, we held a series of seminars in Edinburgh and Glasgow for public bodies at which we sought to explain the detail of the policy and the nature of the information that bodies must provide to support their proposed remits and have them considered and approved.
I return to the point that Alex Neil and David Whitton made about film-star bonuses. You have said that most of the contracts that result in such bonuses being available would have been signed some time ago, probably by previous Administrations. Does the new policy make 40 per cent bonuses more or less likely? Has there been a tightening up in that regard?
As far as I am aware, what the policy says about bonuses has not changed—it certainly has not changed much—over the past several years. The norm is a 10 per cent maximum. People do not get their bonus just by getting up in the morning. The policy relates payment of the bonus specifically to quantified targets. A chief executive needs to be able to demonstrate that he has overachieved on those targets. That should earn him a maximum bonus of 10 per cent. If a body wants to propose a higher level of bonus—Scottish Water is the example that members have been discussing—it needs specific approval from ministers. That does not mean to say that it is illegal or anything like that, but specific derogation would have to be sought from ministers.
Has there been any tightening up on what Alex Neil described as film-star bonuses—the 40 per cent bonuses?
Such bonuses would be considered by ministers case by case. I am not sure whether I can demonstrate that there has been a tightening up as such, because ministers will consider the individual proposal in the light of all the circumstances, which might include market data that say that all the water companies have paid a certain amount. We could provide a note of any other public bodies that have a contract with their chief executive that implies an upper bonus level of more than 10 per cent. Would that be helpful?
It would be useful to have that information for the period since devolution.
We will see how far back our records go. We will try to run that back as far as we can.
I offer the witnesses the chance to say a final word, if they wish.
I do not have anything more to say. We have a number of points to respond to in writing, which we will seek to do as quickly as we can.
This year, we have had issues in the health service. The chief executives of a number of boards are getting 14 per cent increases. Will you let us know how that is justified under the pay policy?
Are you talking about boards in Scotland, Mr Neil?
I have the headlines in a newspaper in front of me. I am quite happy to send you the article.
We will seek to include a response to that in our reply.
Thank you for the evidence that you have given. We look forward to receiving the consequent written information. We will take a short break to allow the next panel to join us.
Meeting suspended.
On resuming—
In our second panel of witnesses, we have representatives from trade unions that organise predominantly in central Government. I welcome Eddie Reilly from the Public and Commercial Services Union; Malcolm Currie from Prospect; and Jim Caldwell from the FDA. Do any of the witnesses wish to make a short introductory statement?
I will say a few words to kick off, and then my colleagues will join in. I will try to cut to the chase—but, mind you, it was interesting to hear the earlier evidence on redundancy payments; it almost encourages me to ask Alex Salmond to withdraw his guarantee of no compulsory redundancies. My members will be queueing up to demand them as quickly as possible.
I think that this is you cutting to the chase.
PCS has been in dispute at UK level and in seven distinct areas at Scottish level—the Scottish Government and others that I can specify. We have recently brought that stage of industrial action to a conclusion on the basis of promised talks to take things forward. The essence of those talks is the same as we put to John Swinney and his predecessors from other parties in previous years.
Thank you for that clarity of view, Mr Reilly. I am anxious to get on to questions, but does either of your colleagues wish to say something briefly?
As in other areas, the FDA has taken a different approach from that of PCS about pay deals and pay settlements. Having said that, we have a deal of sympathy with some of the issues that PCS has raised. Indeed, we sought to pursue some matters with the First Minister and the Cabinet Secretary for Finance and Sustainable Growth earlier this year. There are issues around fairness and progression costs and costs of living that we believe need to be addressed.
I will illustrate a couple of the things that Eddie Reilly mentioned, as well as picking up on what Jim Caldwell said about the effects of the current pay policy—particularly the inclusion of progression in the same budget that a pay increase must come out of—taking into account inflation. One effect of that has been an effective erosion in pay for professional jobs at the top end of the civil service and related areas, with increases that have consistently been below the rate of inflation for a significant number of years. That has had an effect on morale in the sector overall, which is illustrated by some of the points that were made in the written submission that you received from Prospect, with reference to some of the survey work that we have done.
Thank you for setting the scene. I seek questions from members.
The witnesses will be pleased to hear that I have just one question. At least two of you referred to the difficulties and complexity in achieving pay coherence through the negotiating machinery. What is your solution?
We have put the issue to ministers and senior civil servants for several years. If we have one pay policy and one grading system—if all that is in place—why do we have so-called negotiations in 22 or 40 areas to produce different pay systems for the same job levels in different areas? Surely the activities of those employers could be reduced to a central bargaining unit, so that the same unions could sit round one table and deal with one set of pay negotiations under one policy, with one grading system. That would deal with pay properly at the Scottish and UK levels. That would achieve better value for the taxpayer and for civil servants and other public servants.
Mr Reilly has answered my question, which is whether local or central bargaining is the way forward to improve the process. I am interested in the other union representatives' views on that.
It is clear that improvements can be made, but the FDA is not convinced that we will ever return to the days of having a single pay bargain. A minister in the previous Administration told me that it was amazing how many times, when the Government talked about relocating jobs from Edinburgh, the answer from civil servants was, "Livingston." The same situation applies to pay—employers have gone to the Government a number of times and heard the answer, "2 per cent." If that figure is determined centrally, what is the point in having 40 sets of pay negotiations? A commonsense way of reducing that number to a more manageable level, if not to one, must exist. That would also produce savings that could be used elsewhere in the Administration.
We were given the public sector pay policy to allow us to prepare for the meeting. Were the unions involved in producing that policy? Are its strategic aims being adhered to?
I do not want to be unkind to John Swinney. He certainly met the unions twice, as the committee heard. That is absolutely true. However, I assure members that those were not negotiating meetings; neither were such meetings with any previous minister. To be fair, Mr Swinney has engaged the unions positively, although we have not entirely been listened to. To that extent, we are happy with the consultation. However, Scottish ministers have given broadly the same answers about civil service pay as have UK ministers, as Jim Caldwell said—2 per cent is still 2 per cent.
David Whitton asked whether the pay policy is achieving its stated aims. Alistair Brown referred to fairness and consistency and to being fair and non-discriminatory, on which members picked up in questions. The policy is failing on both those aspects.
Although our productivity is a lot higher than that of our Westminster colleagues, our pay is 12.5 per cent less. Perhaps you could help us to overcome that.
No performance-related pay for him, though.
I did not mention quality.
I will give you an application form before I leave.
I hear what the witnesses say about the possibilities of streamlining the machinery of negotiation. My background is in economic development and I have always been struck by the fact that many of the jobs that are done by quangos today have been done in the past by civil servants in the relevant department, and there seems to be a fairly substantial remuneration differential between the civil service and those who work for the quangos. Have you raised that issue with the Government? I am talking about not just the current Government, but its predecessors; as you said, the problems are inherited. People seem to be doing exactly the same jobs but earning different salaries under different conditions.
Who would like that one?
I am happy to start, although not too happy. You would not expect me to sit here and say that the FDA has negotiated too good a deal for its members who work in quangos or NDPBs. We represent some senior people who earn a reasonable amount of money compared with the average wage. However, people could earn considerably more by doing similar work with similar responsibilities in the private sector.
May I stop you there? A report that was published last week showed that that is not true and that the public sector median was higher than that of the private sector in Scotland.
Reports come out day and daily, Alex, and I have heard you quoting from most of them. You always seem to pick the one that suits your case, as we all do.
Mr Neil could write to you about that.
Far be it from me to say that we do too well for our members who work in NDPB and other agencies. That is my first response.
That probably explains why I am in PCS and Jim Caldwell is in the FDA.
I understand the desire for simplicity, but how achievable is a single, coherent pay system, given the history of such approaches?
We had such a system in the past. When I joined the civil service 30 years ago, the rates of pay for clerical officers, executive officers, higher executive officers, senior executive officers and people at grade 7—the principal grade—applied throughout the United Kingdom. There was a single system for evaluating and grading jobs.
The message that I get from the employers with whom I deal is that the first thing they do when they consider pay rates is to consider their sister bodies, in order to ascertain whether they can offer rates that are similar to the rates that are offered by comparable bodies. Differences emerge when different restraints are placed on bodies.
We have talked about how the process might be improved, but the process will not matter until we have resolved the unfairness in the civil service pay system, whereby progression costs and the cost of living are counted against the same budget. That basic unfairness does not happen in education, the health service or local government, as Eddie Reilly said.
The Welsh Assembly's system has been mentioned in dispatches. Is it problem-free? Has it overcome many of the problems in our existing system? Could you expand on your comments?
You will never resolve all the problems and it will be impossible to get everyone to agree to everything all the time. To a certain extent, that is what negotiations are all about. In Wales, although there have been some areas of disagreement and difficulty, the system involves the Assembly taking money from the Treasury and deciding how best to use it in the areas for which it is responsible. As I said, some areas in which there used to be delegated authority have been pulled back in to the centre. As far as I can see, the system is working well, and has delivered reasonable increases in the areas that have been targeted by the Welsh Assembly, with which all three unions have worked fairly well.
I understand that one of the differences between the new pay policy and the old pay policy involves recyclable savings. Previously, it was not permissible within a pay round for an employer body to take account of reductions that arose as a result of delayed recruitment and retention and so on. However, under the new system, such factors are being incorporated. That could mean that it might now be a matter of policy to have delayed recruitment, longer absences from posts and so on, which might place additional burdens on existing staff. Have you raised concerns about that with the cabinet secretary? What is the unions' position on that?
As I said, we want a return to fair comparisons. We are concerned about the extent to which efficiency measures, cuts—either in services or staff numbers—and extra pressure on staff might result from any success that we have in pay discussions.
I have nothing to add.
Looking slightly further back in history to the time before pay delegation, the workforce then was big enough to have turnover in the system, so that when somebody at the top of the scale left, somebody came in at the bottom. That delivered the funding that paid for the progression system. With bodies having been broken up into different organisations, some of which are relatively small, there is no longer a big enough workforce to deliver funding as I described. That kind of pay coherence could make it much easier for the civil service as a whole to move back to a system whereby progression was easily decoupled.
David Whitton will ask the last question on this section.
Mr Caldwell mentioned unfairness in the system and Mr Reilly spoke about fair rates of pay going back 30-odd years. That was probably when I first met them, now that I think about it, but that is by the by.
Only two years ago, the Scottish Government, as an employer, used outside consultants—I think it was the Hay Group—to conduct a pay levels survey. One of the startling conclusions was that the Scottish Government as an employer is comparable to the lowest 25 per cent of employers in the private and public sector. That observation, which was made in a detailed pay levels survey that the employer paid for and shared with us, probably sums up the situation. Before this year's pay increase, low-paid civil servants in the Scottish Government at the maximum of their scale were getting £12,500 a year—which just about says it all.
I can fling in a relevant point here. I also negotiate with a number of private sector companies. My direct comparisons show that all the pay settlements that I negotiated in the private sector exceeded the retail process index by between 0.5 and 1 per cent. That level of settlement did not include progression payments, which are normally on top of the basic settlement.
I ask Mr Reilly to answer the second question that I asked. How big a pay increase should there be, if 2 per cent is not right?
Around the time of the settlement, RPI was sitting at 5.2 per cent. If we got a cost-of-living offer based on RPI—which is far truer than the consumer price index—in addition to progression, the total pay offer would be about 7 or 7.5 per cent. If the offer therefore consisted of RPI plus progression, it would be reasonable.
I have a wee supplementary. I can see where you are coming from, but let us suppose that your claim for a pay rise of roughly 7.5 per cent to recognise RPI plus grading was successful. As you know, one of the problems that the devolved Government faces is that it has a fixed budget. Given that salary makes up between 60 and 70 per cent of the costs of most of the organisations for which the Scottish Government is responsible, where would you get the money to pay for such a rise?
I am glad that Alex Neil has asked me that question and that, after all these years, he can still see where I am coming from.
So your efficiency savings would be greater than John Swinney's.
Of course, John Swinney, in his wisdom, immediately encouraged us to meet senior civil servants to explore that. We got nowhere and the strike went ahead.
Eddie Reilly did not mention the other point that we raised at the time—the Government's public sector simplification agenda. We said that if the Government linked that in as well, we would begin to get a coherent picture and might find a way forward in what became a PCS dispute. That would have been a way to deal with some of the issues that we raised, which are still unresolved.
I regret that this market day is wearing late. Do the witnesses wish to make any last-minute comments?
PCS does not. Thank you very much, convener.
We have a wealth of trade union experience around the table. Your evidence is very much appreciated, so I thank you.
Meeting suspended.
On resuming—
Our third panel of witnesses consists of representatives of trade unions that organise in local government. They also represent members in some areas of central Government. I welcome to the committee Dave Watson from Unison, Jimmy Farrelly from Unite and Alex McLuckie from the GMB. I invite the witnesses to make short statements.
In this discussion, local government should be separated from the quango state and central Government—they are two different areas. Scottish Government pay policy impacts on local government, although only indirectly. Because 80 per cent of local authority income comes from central Government, the local government finance settlement and the assumptions about pay that are built into it have an indirect impact on local government pay negotiations. In our view, the Government's pay policy has limited the ability of local authorities, acting through COSLA, to pay. If the Scottish Government does not give local authorities enough to finance pay deals that are at least in line with inflation, they cannot do that without there being an impact on jobs and services. That has been a feature of local government pay negotiations for a number of years. Although the impact of Scottish Government pay policy is indirect, it is no less important.
I would like to make a few points on issues relating to the committee's locus in relation to quangos. Over the past two years, we have had disputes with Highlands and Islands Airports Ltd, despite its having been profitable within that period. I was interested to hear someone talk earlier about there being more flexibility in the future. We are in the process of negotiating for the third year, but if the negotiations go the way of the past two years, we will be in for further disputes.
When I was sitting at the back of the room talking to Jim Farrelly and Dave Watson, I happened to say that I had been practising for hours and hours on the contribution that I wanted to make today. I said that it would agree with everything that my comrades would say, and that is how I feel, going third. A lot of what I was going to say has already been said. However, if committee members will bear with me, I would like to add a couple of things.
Thank you—
I am not finished—I have only just started.
I am sorry to interrupt, Mr McLuckie. You asked what we expect from you—why you are here.
I am trying to cover all the bases.
We are giving you the opportunity to speak from your practical experience and give evidence. You have done that, so far, in your introduction. We are not here to negotiate in any shape or form.
I am not suggesting that you are.
We will discover where we want to go from your answers to our questions. Can you finish, please?
I will finish on this point. In terms of low pay, according to the latest staffing watch figures that I can find on the Scottish Government website, 27,000 part-time women workers are on less than £6 an hour. When you take into account that they are on what is known as a term-time contract—they have a contract for 52 weeks of the year, but they get paid for only 44 weeks' work—their rate of pay drops to £5.06 an hour. In local government, we need to tackle the problem of 27,000 part-time women workers who are on less than £6 an hour but who are, in reality, averaging £5.06 an hour.
Thank you. I now invite questions from the committee.
We understand that there are capped limits and that negotiations are difficult because you are talking to the monkeys rather than the organ grinder. First, what negotiating machinery would you put in place? Secondly, we have heard that, although the two meetings with the cabinet secretary and his predecessors were welcome, such meetings are not a substitute for negotiating machinery. How do you raise the issues that you are raising with us today, principally about low pay, which affect many of your members?
We had those discussions at an early stage. When there were big delays last year, we had meetings with John Swinney, the cabinet secretary responsible, and raised many of those points with him. In December 2007, we submitted a detailed booklet on all the delays in all the areas in which we negotiated. In fairness, John Swinney agreed at that stage to enter into some discussion before the next year's pay guidance was published. He admitted that the pay guidance was dashed out in 2007 with no consultation whatever so that we were faced with a fait accompli.
Was there no beer and sandwiches?
There was no beer and sandwiches, but we got a nice choccy biscuit in St Andrew's house, so it was not that bad. Believe me, I have visited employers who have not even offered me a choccy biscuit—in fact, not even a cup of coffee. At least we got that. We had a fascinating discussion. We told the cabinet secretary what we would like to see in the pay policy and he said, "That's very interesting, Dave. Thank you very much." The pay guidance was then produced a few weeks later.
I asked the previous panel of union representatives about the strategic aims and objectives in the "Public Sector Pay Policy 2008-09". I realise that it does not particularly apply to local government, but one of its objectives is
We started speaking to COSLA about the local government deal in January or February, so we talked for a lengthy period. The problem is that when the initial offer was discussed, we consulted our members and we did not get to hold any further discussions with the employer until July.
I will address the NDPBs. The reasons why it is difficult to reach pay settlements in time in NDPBs are complex. First, the quango must put the proposals together, which is a detailed process that takes some time. Members have in their papers the technical guidance, which is another wad of documents.
Sorry to interrupt, but who was that?
I would rather not say, because he should not have showed me his submission to St Andrew's house, but it was a Scottish quango HR director who had not worked in the public sector before.
We will narrow it down.
The next stage in the process is the pay unit. In fairness, I do not know how well it is staffed—it does not seem to contain many people, frankly—but I think that it struggles to cope with the vast array of bodies. It also struggles on the expertise front. Jackie Baillie asked a pertinent question. I do not think that having a lot of finance people is a problem for a normal pay round, but when the unit has to analyse job evaluation schemes and pay structures, it struggles.
Jimmy Farrelly suggested that we can do a lot to solve the problem of low pay in local government without a huge increase in costs. How do we square the circle?
I will give an example. Factor 13 of the job evaluation scheme asks:
That example is at an individual level. I am interested in how we tackle low pay at a policy level.
I know that the question was directed to Jim Farrelly, but I will reply, if that is okay.
What reason did they give for that?
The reason that they gave was that if the bottom point was dropped, it would upset the lovely pay spine. Seriously, that is what they said.
The reason the employers gave us—I find this argument perverse—was that there is a 1.5 per cent gap between all the pay scales and that if we removed the bottom pay scales and assisted people on the lower grades up the way, that could create inequality, because it would skew the pay scales. You look as baffled as we were when we tried to get our heads around that. People within COSLA have presented that argument, but we do not think that it is sustainable. With a bit of assistance and pressure from others, perhaps COSLA will explain to this committee how it can take that position in this day and age.
What is your view of how public sector pay compares with pay in the private sector?
It is always difficult to compare the two. There are various studies: I have read the one that Alex Neil mentioned earlier, which examined the issue under broad headings. I mentioned the recent report that the New Policy Institute produced for the Joseph Rowntree Foundation, which focused on poverty in Scotland, and in particular on poverty among those who are in work. A lot of work has been done on poverty in families with children and on the workless, but people who are in work are the group that have made the least progress in recent years. We support the Scottish Government's strategy of focusing on low pay in tackling poverty.
I take it that you have watched the film "Groundhog Day".
I have a final, brief question. I think that Mr McLuckie mentioned the cabinet secretary's foreword to the pay policy, which states:
That was a feature of the discussions. I think that John Swinney would argue that he has demonstrated a little bit more flexibility by allowing targeting, but I am afraid that, so far, we have not seen much evidence of flexibility in practice. Again, I use the example of the current Scottish Water dispute. It should be remembered that, in that dispute, we are talking about using savings from the pay bill, which the guidance refers to, rather than any savings that the public corporation makes. Our members have delivered around £1 billion-worth of savings in Scottish Water, but, according to the Scottish Government, they cannot have a pay rise greater than 2.4 per cent this year. Our members would say that they delivered most of those savings, so why cannot they be used to give them a pay deal that would at least give them a decent pay rise this year and make their pay catch up with what people are paid in parts of the private sector?
It is interesting that what you have referred to is in the criteria for the chief executive's bonus. If the organisation meets certain criteria, the chief executive will get a bonus, but no one else will.
Indeed. The chief executive is fairly new. The previous chief executive earned a lot less than the current chief executive earns. If I were the previous chief executive, I suspect that I would be a bit fed up, because, in fairness, he worked pretty hard to deliver—
He needs a decent union.
That is the whole point. People need to sign up to a decent union. We shall see what we can do for MSPs as well.
We probably operate in a different field, as local government is not covered by the pay policy. I said in response to a question that Mr Neil asked that there does not appear to be willingness to deal with low pay in local government, which is the real concern for us.
Are you aware of any work that the Scottish Government is doing to baseline data or information so that it can be judged whether the flexibility that the cabinet secretary has said exists in the pay policy is assisting in dealing with low pay in the public sector? The cabinet secretary referred to that in his policy statement.
No.
There are no weighted deals, for example. There is very little baseline work in the list of deals. Baseline work is one thing that would have to be done to tackle some of the issues.
It seems that none of our witnesses wishes to make a final short statement. We have greatly benefited from their expertise and practical experience. Their evidence will be of great use to the committee. I thank all of our witnesses for coming to the meeting and contributing to the discussion.
Meeting suspended.
On resuming—