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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 9 September 2025
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Displaying 3573 contributions

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Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

That appears to have exhausted questions from the committee members. I have a couple to finish with. One is a follow-up to your response to Douglas Lumsden, cabinet secretary. You said that if a complaint against a minister is dismissed at stage 1, which is initial contact and assessment, the minister concerned will not be informed. How will you deal with potentially malicious complaints against a minister?

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

In relation to the procedures for making a formal complaint, there is no time limit in relation to complaints of harassment, but there is a time limit of six months in relation to complaints of bullying; why is there a difference?

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

The procedure will consist of potentially five stages. The first is named “Initial contact and assessment”, the second is named “Investigation” and the third is named “Decision”. Should the decision find against the minister in question, there will be a fourth stage named “Employer Action” and a potential fifth stage named “Appeal”. Given that there would undoubtedly be stress on both sides in such a process, what steps will be taken to ensure that a robust process is carried out timeously? Although each case will be different, what sort of timescale is envisaged for completion of the process?

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

If a minister had concerns about an individual member of staff, how would they be progressed?

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

Okay. I do not expect that this would transpire but if it did, in theory, no action would be taken against someone for doing that, so anyone could bring any case forward, and it would be hit or miss, so to speak.

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

I thank the Deputy First Minister and his officials, Lesley Fraser and Ian Mitchell, for their evidence. That concludes the public part of our meeting.

11:28 Meeting continued in private until 11:56.  

 

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

Thank you very much for that opening statement. In a relatively short statement, you mentioned on three occasions that the lessons that have been learned have been put into practice. The committee and I are well aware that we are in the middle of a process, but what specific lessons have been learned so far?

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

Throughout the process, what steps have been taken to ensure that the procedure is lawful and conforms to natural justice?

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

One issue that has not come up at the meeting but is in the implementation plan and is important is the information management review and the need to improve the quality of digital storage and retrieval processes. That is perhaps not the most exciting issue that has been raised but it is critical. The Government’s response has five bullet points that list the steps that should be taken on it. Will you talk to us about the philosophy behind why that is important to the process?

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

According to the draft procedure,

“For complaints which are not upheld, this could include actions to resolve remaining issues informally or other management actions.”

What sort of actions would be contemplated?