Letter from the Deputy First Minister and Cabinet Secretary for COVID Recovery to the Convener of 24 February 2022
Thank you for your letter dated 10 February 2022.
Further to my letter of 4 February, I am writing to you with the final version of the updated procedure for handling formal complaints by civil servants about a Minister or former Minister following my commitment when I sent you the version of the procedure for discussion on 13 January. This is set out in Annexe A.
I am pleased to update you on the outcomes of the areas for further consideration identified by the Committee at the evidence session on 25 January as follows:
On the exclusion of agency workers from the procedure, as raised by Mr Lumsden, we set out that these workers are not Scottish Government staff but we have reflected further on how we will support agency workers who raise any concerns to resolve these, including with involvement of those who manage the contracts for such workers.
In considering the balance of responsibilities where a matter might be referred to the police, as raised by Ms Thomson, we have given further consideration to our thinking. While we have not made changes to the wording of the procedure itself our guidance materials will reflect the support available on this sensitive matter, and draw on external perspectives including support for people affected by crime.
Ms Thomson raised the matter of recording of interviews in certain circumstances during the complaints process. We have given this careful consideration and, while there is no general provision for audio/video recordings, we will consider any requirements for this in certain circumstances, for example as a workplace adjustment. Any decision to record interviews will consider how those involved can engage constructively and fairly in the process, and we will undertake a post outcome review to learn lessons and inform future practice.
In the Committee session, Mr Mitchell, Deputy Director of Propriety & Ethics in the Scottish Government, said that we were working on an Equality Impact Assessment for the updated procedure. I am pleased to attach a copy of the document in Annexe B, which sets out the staff networks and other equalities networks we have engaged with throughout the development of the updated procedure, as asked by Mr Greer in the evidence session. Further engagement will be done and the EQIA will be kept under review following the introduction of the new procedure
I can also confirm the names of the pool of external decision makers and investigators after the open recruitment process via the Scottish Government’s public appointments portal. Six investigators and five decision makers have been appointed from a high calibre pool of applicants. The successful applicants are listed in Annexe C. The investigators and decision makers will now undertake further training on their roles.
In response to your letter 10 February, I am content to provide the Committee with written updates on the continuous improvement programme on completion of the milestones for the end of March, June and December 2022 and any necessary evidence sessions. My officials will liaise with Committee clerks on the dates for the submission of the written updates and the date for the follow-up evidence session.
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