Good morning. I welcome to the 26th meeting of the Finance Committee in 2005 the press, the public and our witnesses. As usual, I ask people to turn off their pagers and mobile phones. All committee members are present.
Thank you for your welcome and for the opportunity to make introductory remarks on the SPCB's budget submission for 2006-07.
Thank you very much, Nora. Thank you for giving us the figure of £3.6 million for rates. Last year, it was assumed that the figure would be £4 million, so I presume that it is coming in £400,000 below the projected increase. Notwithstanding that, the 10.2 per cent increase in property costs is pretty substantial. Can you say a bit more about the planned maintenance costs and higher utility costs? How much of the higher cost represents the same usage but increased charging by the utility providers and how much of it represents increased use over and above what was expected?
Sorry. I did not catch your last question.
Schedule 3 of the submission mentions a couple of factors behind the 10.2 per cent increase in property costs, one of which is higher than expected utility charges. How much of the increase in utility charges is because the utilities' prices have gone up and how much of it is because use is higher than the SPCB had expected?
I think that it is mainly all down to increased charges from the utility companies. The use of gas has actually been slightly lower than expected. Water rates are different, because they were estimated wrongly before. I ask Derek Croll to cover the detail of that.
The original estimate for the budget submission last year was based on a rateable value, obtained through Scottish Water, which has turned out to be incorrect. When the correct rateable value came through, we discovered that the figure was much higher. There is a significant increase there, from £55,000 in the 2005-06 budget to £225,000 in the 2006-07 budget, based on the rateable value.
We are now moving towards the end of the defects liability period, so we are starting to get a sense of the true maintenance costs. Can you tell us something about how that cost is to be managed? What projections do you have of annual and medium-term costs? Presumably, the present costs should be relatively low, because most services are new or are in the post-construction period. Do you have any notion of a longer-term cycle for maintenance, which could give a sense of what the overall average costs might be in the future over five-year or 10-year periods?
We are now considering costs over a 25-year period. We are confident that the right way to proceed is to put in place a proper annual maintenance regime, so that we keep the building up to scratch. It is a high-maintenance building and if we were to skimp on maintenance now, we would pay dearly for it later. We are being realistic about the maintenance costs of the building and we are doing proper planned maintenance from the start. We have been considering closely how to plan over a period of 25 years.
We are currently producing a 25-year maintenance plan. I am not in a position to give the committee the details on it today, but I would be happy to do so when we have it. As Nora Radcliffe indicated, the intention is to begin the maintenance at a reasonable level now, so that we do not make the mistake of suddenly running up huge bills later. We would hope to set a reasonable average and to keep the level fairly even across the period. However, it will be at least another month or two before we have the maintenance cycle set out. I would be happy to indicate to the committee how we envisage that expenditure developing, hopefully over quite a long period.
That would be helpful. For the layout of future budgets, it would also be helpful to separate out utility costs from maintenance costs, rather than combining them in a single property costs column.
I can give you a little bit more detail there. We are expecting a £170,000 increase for electricity in the 2005-06 budget. As you have implied, that is predominantly down to increased utility costs. For gas, we budgeted exactly the same as for last year in cash terms. I am more than happy to provide specific water, gas and electricity budget proposals.
I thank Nora Radcliffe for her presentation and welcome her to the committee. As she has responded to our question on rates, I will leave that subject there—I just wanted accuracy on the figure.
Those amounts were not shown separately last year because many of the costs of events were rolled into the ordinary budget. This year, we have tried to separate out what events are actually costing, to account for them more accurately. That is why the figures are shown like that now, but were not shown in the same way last year.
The costs are broadly the same as for 2005-06. Of course, we do not know about all the events that will happen next year. The Scottish Parliamentary Corporate Body is trying to run events more on an annual basis but, inevitably, some events come up at short notice. The amount that we put in is based on a level of major and medium-sized events that is similar to this year's.
Does any particular type of event entail additional costs? Will we have to address the implications of holding certain types of events that might require money to be spent on resources that are external to those that exist within the Parliament?
Clearly, big events that have security considerations, such as the Malawi conference and events involving members of the royal family and presidents of other countries, bring with them significant additional costs. Also, events that take place over weekends or in the evenings create extra costs. They will tend to be the more expensive ones, as they involve a lot of staff.
This is not really a finance question, but I will try to broaden it out as much as I can.
I think that the festival of politics was trying to address that by running the kind of events that the man in the street would be attracted by. I suppose that we have to play with the hand that we are dealt. It depends what people suggest to us.
I take the member's point in relation to high-profile events that are aimed at particular people, such as the recent Carnegie event. The point is fair and the corporate body will be mindful of whom events are targeted towards.
In that context, will you have a proactive development strategy for events? There are two dimensions that might be worth thinking about. One is that businesses might use the Parliament more for their own types of activities, such as dinners in the evening or training events during the day, which could feature an introduction to the Parliament as a component part. I suppose the other dimension is public bodies of one kind or another and whether they are using the Parliament sufficiently in linking with the public. Both of those could be done on a cost-recovery basis. I wonder whether there is a strategy for developing the Parliament as an events location.
We are developing the strategy. Certainly, the SPCB is discussing whether we should have more corporate involvement. However, there are many issues around that. For example, there are questions around what the Parliament is and what it is appropriate to use the building for. Much discussion of such issues is required before we arrive at a strategy.
On staffing, can you give us an indication of how the balance between permanent staff and fixed-term staff has shifted over the past two years and how you expect it to shift over the next period?
There has been a slight shift. I think that there are about nine or so fewer fixed-term staff, there has been an increase of about nine permanent staff and the overall staff number is up by about nine, so the figures are broadly the same. I expect a gradual shift to having slightly fewer fixed-term staff, many of whom were taken on to handle the Holyrood migration and transition. In some areas in which we face uncertainty because of blips in work, or when we want to bring in professionals, we will continue to use fixed-term contracts. That strategy gives us flexibility. As Nora Radcliffe said, using fixed-term contracts is one of the ways in which we have been able to keep the overall staff budget in reasonable balance.
Is the corporate body involved in and consulted on shifts in overall staff numbers? Does it monitor that closely?
We have a twice-yearly bidding round for staff, so we have a tightly controlled process for new staff coming in, and I report the outcome of that to the corporate body. Obviously, shifts within the Parliament are handled more at my level. For example, if we needed extra resources for a particular committee or area, I would not go to the corporate body about it, unless it involved major headaches and implications. Obviously, I would report to the corporate body on proposals to take on significant numbers of new staff. Over the past year, though, that has not been the pattern.
You say that you have a planned programme of efficiency reviews. Can you give an indication of whether you expect total staff numbers to fall or rise because of the reviews?
It is hard to say, really. A very definite outcome of the operational security review was that we were able to reduce overtime costs. We are currently doing a review of visitor services, which I think is the area of the organisation that is under the greatest pressure. We are still coming to terms with the pressure of running the building as a visitor attraction as well as a Parliament, and that is quite problematic. I suspect that there will be a range of outcomes from that review. In some areas, we might consider other providers of services and we might well require additional staff in some areas.
You mention sharing services with other public bodies, including the Executive. Will you say a wee bit more about what services those might be and what programme you have for the development of shared services?
We share a finance system with the Executive; for procurement, we use the Office of Government Commerce; utility contracts are negotiated along with the Executive, to get the benefit of economies of scale; our internal audit is seconded from Scottish Enterprise; and payroll is done in association with a number of public bodies, so that the expenditure is shared.
That brings us neatly to the subject of commissioners. Thank you for your efforts to monitor the budgets of commissioners. Why do you think an independent review is necessary following the discussions that you were asked to have with the commissioners and what do you think the remit of that would be?
It just seemed sensible to get somebody from outside to come and examine them all. In dealing with commissioners, one must recognise that they were set up to be independent. There is a lot of sensitivity around our being seen to be too directive, so it seemed sensible to get somebody such as the Auditor General to consider independently the possibilities for sharing services and, possibly, locations. That would be better coming from an independent person than from us directly.
Partly. One can be a bit too sensitive about the level of independence, as it must be balanced with accountability and against financial controls, which are the prime interest of this committee. Did you ask the commissioners why they took the location decisions that they did? It is hard to understand why we have ended up with commissioners based in Edinburgh and St Andrews.
We asked them about that. One of the contributory factors is the fact that they have all come on stream at different times. They have all been given a job to do and sent off to do it, and they have had to make their own arrangements. We have learned as we have gone along. The fact that the bill for the most recent commissioner recognises that there might be merit in having some powers of direction in that regard reflects how, with hindsight, we might have done things differently. We will start from where we are and see what sensible rationalisation we can have.
Are you saying that there need to be greater powers of direction to avoid inappropriate choices being made by the commissioners on the back of their purely operational independence?
My starting point is that we must assume that we are all reasonable people.
That is a dangerous assumption.
It is a very Liberal Democrat statement.
Indeed. I do not think that there need to be powers in the bill for us to have influence. If we have a reasonable discussion about what is a sensible way for the commissioners to be based, we will get a reasonable outcome.
I do not think that you were personally involved at the time, so this might not be a fair question to ask you, but were not the commissioners asked about their locational choices?
Yes.
What response did they give?
They came up with a very reasonable explanation for why they are where they are.
What was that reasonable explanation?
Oh, gosh! I could give you chapter and verse. We have a whole screed written about why it was necessary for them to be in Edinburgh, why they needed to be close to the Parliament and so on. If we are talking about co-location, there were some perceived sensitivities about people who were in a sense regulating each other or who were seen as being too closely integrated, but those do not necessarily wash.
You said at the start that the commissioners had given some reasonable explanations about why they should be in Edinburgh, but now you seem to be saying—
I am saying that they made what seemed to them reasonable explanations. As we explore that further, I would challenge those explanations.
What is the process for arriving at the budgets for each of the commissioners, particularly in relation to factors such as staff numbers? The overwhelming majority of the running costs of the commissioner's offices will be staff costs. Do the commissioners put a proposition for staff numbers to the corporate body, on which the corporate body adjudicates?
I do not know whether "adjudicates" is the right word. The only major increase in staff has been for the information commissioner. We thought that his bid for more staff was reasonable, given the volume of work that has arisen from freedom of information requests.
I am looking at the situation for all the commissioners. I do not know what the staff numbers are for each commissioner, but does the corporate body consider in detail why it is appropriate that one commissioner should have five staff, another should have 10 and another should have 100? Is that the type of investigation the corporate body carries out? If so, how does it go about that exercise?
The corporate body starts with zero-base budgeting. It asks the commissioners to explain the job that they want to do, how they intend to do it and the resources that they need to do it. The budgets are derived from that information.
Has the corporate body on any occasion revised down staff estimates that have been made by a commissioner?
It has not done so in my time, which has been very short. I will need to consult my colleagues.
This is the first year that we have invited the commissioners together to submit bids. We had a face-to-face question and answer session—not dissimilar to this—with the commissioners. It is early days, but the short answer is that we have not revised estimates down.
I understand that process, but I am a bit confused about why there is a need for the Auditor General to carry out an independent review. If the corporate body is satisfied with the staffing component in each of the commissioners' offices—which have relatively recently formulated their budget bids—why are we going to the Auditor General for an independent review? I am not against that, but either it is not necessary or the commissioners' budgets should not have been signed off by the corporate body.
We are asking the Auditor General to consider whether there might be opportunities for making savings, for example by sharing support services.
The point that I am driving at is that if the corporate body signs off the budget for the commissioners, I do not see what prevents the corporate body from advancing that argument with the commissioners. I understand the need to avoid intruding on the independence of the commissioners, but I am trying, from the perspective of the taxpayer, to find out who drives the budget decisions of the commissioners when they are making judgments about location, numbers of staff and so on. I would have thought that that was the job of the corporate body, but I am getting the sense that part of that scrutiny has been passed to the Auditor General.
We have looked at the commissioners' budgets for this year and have said that what they are proposing is reasonable in our eyes, but we also said that we are looking to see what can happen in the future. They may be able to work more efficiently. We asked the commissioners to consider their office locations and sharing of services as the committee asked us to do.
My concerns are similar to those of colleagues. At the moment, we have five commissioners and ombudspersons. Do you have any idea how many people are employed in their offices?
I do. I have the information somewhere in my papers. Can I come back on that question? The short answer is that there are quite a lot, but the staff numbers vary according to the nature of the job that the commissioners have been asked to do.
When we look at the figures—which I had not done previously because they had not been presented this way—we see that the cost of the commissioners and ombudsmen is about one third of the cost of the entire number of MSPs, their staff and constituency offices. That is quite a considerable amount of money for just five offices and it rings some alarm bells. Although people are more worried about our expenses than they are about those of the commissioners and ombudsmen, scrutiny needs to be brought to bear on the costs that are before us, which seem to need some sort of rationalisation.
Staff numbers vary. One of the strongly put arguments of the commissioner for children and young people to the corporate body when challenged over her budget was that she was living within the financial memorandum as approved by Parliament. That was quite difficult.
I will pursue the point about the corporate body's having no powers of direction. I understand why it is right for the corporate body or other institutions not to have powers of direction that would allow them to tell any of the commissioners to do this or do that. The corporate body has an obligation to approve the commissioners' budgets, however. What is to stop a commissioner from saying, "I want £10 million for my budget"? Obviously, the corporate body would say no. Implicit in the situation is the need for a certain power of direction, although we may not want to call it that. Whatever it is called, it is certainly an approval mechanism.
I agree; the commissioners would probably also agree. We will have to resolve the issue through discussion and influence, because we do not have the statutory powers to direct. If anything, the Finance Committee has statutory powers that we as the corporate body do not have. Our responsibility is to act as a conduit, so to speak, to challenge the commissioners on their budgets and to ensure that what they propose is reasonable. We do not have sanctions such as the Finance Committee has.
I do not think that we have such statutory powers or sanctions, although we might have a sanction in deciding whether to recommend the budget.
When no track record exists, it is difficult to demonstrate whether a budget is or is not overambitious. After the commissioner has been in post for a year and has demonstrated the capacity to utilise the budget, it will be much easier to challenge it.
I understand that, but the idea that a commissioner should in effect nominate their own budget is absolutely unacceptable. The process that has been put in place involves the budget coming through the corporate body. You have scrutinised the budgets of the three commissioners and you are saying, in a sense, that you can argue that the justifications or explanations that have been given are adequate for two of them. However, you seem to be saying that your position is not so secure with respect to one commissioner, which seems to me to be quite serious. A difficulty for the Finance Committee is what it should do if that is the case. Should we agree not to recommend the budget if it is not justified? Perhaps my colleagues and I will have to consider that.
I think that you are right, but we must remember that the commissioners' interrelationships are in their early days. They were set up separately and in slightly different ways, and perhaps there is an argument for trying to be as prudent as we can be in the interim. Perhaps we could revisit the matter and find out what rationalisation there can be when there is more of a track record and we have more experience of how things work.
With respect, I am not sure that I accept the argument that we should simply wait and see.
I am not saying that we should wait and see—I am saying that, in a sense, a track record is needed in order to make a judgment.
I do not agree. The corporate body has asked the commissioners to come up with a zero-based budget, so even its approach is not based on a track-record type of system. We have asked you in your budget and in considering the commissioners' budgets to carry out a fundamental review of whether they have proposed justified expenditure. If there are issues relating to whether expenditure can be justified, the Finance Committee must consider them.
I agree. However, we strongly challenged the commissioner for children and young people in particular about what she thought she needed to deliver her function and she strongly defended what she thought she could do and the money she required to do that. We have no evidence to suggest that her proposals are overambitious. After a year, once we can see assess capacity, we will be in a far better position to judge matters and we will be able to say whether she needed a budget of that size. However, we do not have evidence at the moment.
Perhaps we should move on. Elaine Murray has a question about the Holyrood project.
My question is on settlement of the final accounts for completion of the Holyrood project. Why have only 24 accounts been submitted of the 30 that were due? When will the remaining accounts be settled?
Things are progressing more or less as expected. Paul Grice will be able to say more.
It is a complex process. There has been a step change by Bovis, which has legal responsibility to submit the accounts. Bovis recently put a new person in charge—his responsibilities extend to Scotland and the north of England—and he is now driving the process. I have been pleased to see a step change in results, as accounts are now actually coming through.
Do you expect the six remaining accounts to be settled by Christmas?
Altogether, I expect to have another 18 accounts—those six remaining accounts plus another 12—by Christmas. That is the programme that Bovis undertook to deliver at our meeting last week. I hope to be able to report that Bovis has done that.
I notice that, in one or two cases, problems with paperwork have obviously delayed signing off of a final account. However, for one account, the report states:
That is a good question. The report that has been provided to the committee is an unadulterated version of what I get, so it includes all the annotations that have been made by our project team. I apologise if we have given too much detail, but I wanted the committee to understand the process. Ultimately, if we cannot find someone to whom we can pay the money, we will return the money to the consolidated fund.
So we still have that money—it has not been paid to Bovis.
Yes. The money sits with us. That is not the worst problem to have, but the amounts of money involved are modest. I am not sure—Derek Croll is our expert—but I suppose that there will come a point at which we will have exhausted due process and, if we cannot find someone to whom we should pay the final retention, the money will be netted off. I doubt that that will change the fundamental picture—regrettably—but every little helps. However, we obviously have a responsibility to pay moneys that are owed. If we can find the proper organisation, we have a legal obligation to pay the money. Obviously—to be serious about the issue—we are making efforts to find whether a company exists to which we should make the payment. If we do not find such a company, we will return the money to the consolidated fund.
That adds another point of intrigue about the contents of the consolidated fund, which has occupied our attention for some time.
The issue is not so much the invoice—we have a particular format for that. We are talking about thousands of pieces of paper and documents. A process of negotiation takes place. It is the job of project managers on the project team to say whether the paperwork is in order, although I must be careful not to absolve Bovis of its legal responsibilities; throughout the project, it has been a challenge not to take over Bovis's role, which would be inappropriate under the contractual arrangement. The process of going through the paperwork involves many iterations and the information that the committee has is just a snapshot. I did not redact the comments in order to allow members to see and understand what happens. The process sometimes goes on for days or weeks until I can be assured that the paperwork is sufficiently well documented or in the right order.
How long has that process been going on in relation to O'Rourke Scotland?
I cannot tell you that because the matter is handled at project management level, but I could find out for you.
I would be grateful for that. I am interested in the matter because it strikes me that the concreting work was a pretty early part of the project—it is not work on the colour of the emulsion, if I can be so technical. I am surprised that debates and discussions continue about signing off such contracts so far into the process. The concreting must have been finished years ago.
Yes, although, in some ways, that is maybe one of the issues. We need to get all the paperwork in the right order so that we can follow change requests through to authorisation and so on. The process is complex. Obviously, I do not see the great bundle of paperwork, so rather than say any more in general terms, I can let you have a specific note on the O'Rourke contracts to explain how long the process has been going on and perhaps to shed a bit more light on exactly how it works.
I ask because section 5.1 of the proforma contract that Bovis issued to trade contractors states:
Practical completion of the project was earlier this year.
Right.
We have had debates about the date for practical completion, which is something that the architects certify.
When was that date?
I think it was in February this year.
I have a short follow-up question on the bills that are still unsettled for the Holyrood project. Are we expected to pay interest on them?
No.
Nora Radcliffe described as "prudent" the increase in the contingency fund from about £600,000 to £1.5 million. Schedule 3 states that the reason for the increase is
Part of the reason is that the previous year's contingency was artificially depressed for various reasons that I will ask the technical experts to explain. The figure of 2.5 per cent of the budget is a reasonable level for a contingency fund. The advantage of having such a fund is that it takes speculative bids out of the ordinary budget. We have considered what we might want to do and what might come up or events that we cannot account for; then, we have arrived at a figure that is slightly less than we think the total might be over the year and asked for that as a contingency.
You have included elsewhere a 10 per cent increase in property costs, and running cost increases have been covered. I am struggling to think of a prudent reason for pushing up the figure by almost £1 million.
The contingency fund allows us to consider projects that we may or may not wish to go ahead with and to pick up on things like unexpected litigation. We take all those unknowns out of the ordinary budget and put them into the contingency. We might want to do something different with visitor services. That is not budgeted for because we have not decided that we are going to do it, but the contingency gives us the opportunity to do it next year if we want to. If we have an unexpected run of early retirements, we can also pick that up out of the contingency.
As an accountant, I hanker for a balance sheet as well as the financial reports. How much are the current depreciation reserve and the contingency reserve? On the notional interest, what outstanding debt is that interest servicing?
The depreciation and notional interest charges are very much a factor of the Holyrood building. Depreciation is charged on the costs of the building. For the bulk of the building, depreciation is charged at 2 per cent per annum because the building will be depreciated over 50 years. Plant and machinery such as lifts and heating and ventilation systems have various asset lives of between 10 and 25 years.
Do you agree that it would be appropriate to report the balance sheet valuation to the Finance Committee so that we can understand what is happening year on year?
We could certainly publish accounts. The resource account is published every year and the current year's accounts will be available at the end of November or beginning of December.
What is the explanation for the variation in notional interest?
It has come down since the 2005-06 budget principally because the valuation of the Holyrood building is slightly lower than we forecast and the asset lives of some plant and machinery are slightly longer than we forecast so the depreciation rates are a bit lower.
You said that the contingency exists as a fund for unexpected projects. As I understand it, the Scottish Civic Forum applied to the corporate body for funding. Is that the kind of project you mean? What would have been the cost impact and the budget impact of agreeing that funding?
That is the sort of thing that might be considered, but we had to consider whether that is appropriate expenditure for the corporate body. I think that the decision was that it was not appropriate for the corporate body to fund that particular project.
Had the corporate body approved that funding, it would have been in a budget line and not in the contingency. The matter was considered some time ago, so the decision was made in plenty of time for proposing the budget. Had the corporate body taken a different view, the expenditure would have featured in the budget as a specific budget line.
The notes on the SPCB budget submission state, on page 3, that the budget proposal from the commissioner for children and young people mentions an amount of money for participation. Given the financial difficulties that the Scottish Civic Forum is facing, are the corporate body or the commissioners and ombudsman likely to face any additional costs for participation in work that was carried out on their behalf by the Scottish Civic Forum?
They did one or two bits of work for the Parliament, but I think we paid for that. Parliament has a budget for participation and a lot of work is done through committees, the Gaelic office and the education service, all of which are budgeted for separately.
There are no further questions, so I thank the witnesses for coming along and contributing to our budget discussions.