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Ethical Standards in Public Life etc (Scotland) Act 2000 (Devolved Public Bodies) Order 2004 (SSI 2004/543)
Item 2 is subordinate legislation and the Road User Charging (Exemption from Charges) (Scotland) Regulations 2004 (SSI 2004/519). No members have raised points on the instrument and no motion to annul has been lodged. Can I confirm that the committee has nothing to report on the instrument?
Convener, I thought that we were dealing with the Ethical Standards in Public Life etc (Scotland) Act 2000 (Devolved Public Bodies) Order 2004 (SSI 2004/543).
Hang on a second. My briefing is wrong. I correct what I said, Fergus. My briefing has been carried over from a previous meeting. You are correct. We are dealing with the Ethical Standards in Public Life etc (Scotland) Act 2000 (Devolved Public Bodies) Order 2004 (SSI 2004/543).
May I make a point, convener? I seek clarification on an issue that arises from constituency business, which I do not need to canvass here. Are codes of conduct gradually being extended across all bodies? Are there any bodies to which they will not be extended? If so, why? I raise that point because I have a particular interest involving a constituent, which it would be inappropriate to mention. I am not sure that all bodies that have been created by the Parliament have a code. If a board or a quango does not have a code and there is a complaint about the way in which one of its members has behaved, there is a lacuna. Could the Executive clarify the general approach?
It is my understanding that the Ethical Standards in Public Life etc (Scotland) Act 2000 was intended to apply to all devolved public bodies and councillors, so there will be amendments from time to time as new organisations are established—or new organisations produce their codes of conduct—and they are brought within the scope of the 2000 act. I am not sure what clarification you are looking for, Fergus.
I want to ascertain whether that is the case. That is my understanding, but it needs to be corroborated that some new bodies have not had codes applied to their activities. Could the Executive clarify that all new bodies that are set up—agencies, quangos and all the rest of it—are to have the ethical standards code applied to them?
That is my understanding, but I am happy for the committee clerks to draft a letter asking the Executive to confirm that that is the case. We could also ask whether the Executive knows of any public bodies that have not yet been brought under the scope of the 2000 act and, if so, when they will be.
Before we continue, I express apologies on behalf of Bruce Crawford.
That is noted.
Meeting continued in private until 15:59.
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