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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 17 September 2025
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Displaying 657 contributions

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Finance and Public Administration Committee

Public Service Reform Programme

Meeting date: 30 May 2023

Keith Brown

We have heard a couple of interesting examples about, for example, how Brexit impacted on one organisation, which had to move from a platinum standard down to a gold standard. We have also heard about trying to effect public sector reform during a time of constrained budgets, post-crash from 2010 onwards. That has affected public sector reform, but I am struck by the prevalence of public sector reform being frustrated by or foundering on IT projects—not necessarily digitisation.

For example, about a decade ago, Disclosure Scotland had a terrible experience with an IT project. Police Scotland is sitting with at least eight different legacy systems. There was also the case in the UK of a national health service system in which investment of about £4 billion achieved nothing. Do the organisations around the table perceive themselves to be too small to wrestle with some of the big IT providers in order to get a grip on budgets and timescales for big IT projects that are fundamental to public sector reform? For example, for the police, even implementing what Parliament has set in new laws is difficult with the legacy systems that they have.

Garry McEwan made a point about getting a smaller group of experts with experience across the piece in such projects—good and bad. Would that be a way to overcome what I perceive to be an imbalance, in that quite small organisations are trying to deal with very large, sometimes multinational, IT companies?

Finance and Public Administration Committee

Public Service Reform Programme

Meeting date: 30 May 2023

Keith Brown

I would like to go back to IT, convener—I do not know whether that is okay.

Finance and Public Administration Committee

Public Administration in the Scottish Government

Meeting date: 16 May 2023

Keith Brown

None of this is to do with you personally, of course, permanent secretary, although I note that the permanent secretary to the Scottish Government is appointed jointly by the principal adviser to the UK Government—the cabinet secretary—and the First Minister. It is a question of perception, and it is probably less of a question when relationships are productive and constructive. As you say, it probably comes more into view for people because of the constitutional situation and the stand-off.

Finance and Public Administration Committee

Public Administration in the Scottish Government

Meeting date: 16 May 2023

Keith Brown

On the point that was raised previously in relation to the ministerial code and the interference in the Scottish civil service by the Secretary of State, I recently received a letter from a guy called Lord Pickles, telling me various things that I could and could not do and referring continuously to the ministerial code of conduct and the Government’s position. I think that he was referring to the UK Government—he seemed very ignorant of the situation in Scotland. That confusion is surely a matter of concern when it comes to situations where the Secretary of State for Scotland is trying to instruct or countermand some of the things that the Scottish Government is trying to do.

Given that point, given that this Parliament would not settle for its staff being told what to do by the Government or somebody else and given that no local authority would accept that its officials should be directed by somebody else, is it not a better idea just to have a Scottish civil service?

Finance and Public Administration Committee

Effective Scottish Government Decision Making

Meeting date: 16 May 2023

Keith Brown

I am a new member of the committee, so I am not included in what Liz Smith said about the concerns of the committee. I disassociate myself from those remarks.

I am a bit surprised that we have gone down the route of gender recognition reform, but let us stick with that for a second. That policy is in not just the Scottish Government’s manifesto but everybody’s manifesto. Two consultations were undertaken, and the proposals have been subject to more parliamentary scrutiny than any other measure that I can remember in my time in this Parliament. Despite that, at the end of that process we are in a situation in which another Government has said that it will nullify the bill. That is the biggest development that we have seen in public administration or in decision making in the Parliament, certainly since my time here and I think since its inception.

If another Government just steps in, without saying what it thinks is wrong with the bill and says that it will strike it down—incredibly, some members in this Parliament support the UK Government doing that to this Parliament—what is the effect on the civil service and ministers when considering further policy initiatives? That threat has been raised again in relation to a couple of other measures, such as the deposit return scheme. What is the effect on policy making in the Scottish Government of that interference with the Scottish Parliament?

Finance and Public Administration Committee

Effective Scottish Government Decision Making

Meeting date: 16 May 2023

Keith Brown

This question might be for the permanent secretary. It may be, from what the committee has heard so far in the inquiry, that these issues, which in my view have by far the biggest impact on decision making in the Scottish Parliament, have been covered already.

Aside from a capricious Government deciding, for political reasons, to try to gratuitously supersede a decision of this Parliament, there are now various instances of legislative consent motions, or the Sewel convention, being ignored, which was not the case not too long ago.

In the early stages of policy development in the civil service in particular, does that have a chilling effect? Do you have to take into account, in addition to all the other factors, the likelihood that some minister in the Westminster Government is going to do something that completely ignores the interests of this Parliament, or is going to increase the likelihood of legal conflict between the two Administrations? Is that part of your thinking, or do you—as the DFM just said—try to zone that out of your thinking at the start?

Finance and Public Administration Committee

Public Administration in the Scottish Government

Meeting date: 16 May 2023

Keith Brown

I completely understand your point and the value of those good relationships, but if that is the case it is very different from the experience of ministerial collaboration. For example, this Parliament is placed in various cul-de-sacs, such as the refusal of a section 30 order—the Parliament has voted for a referendum and it is just ignored out of hand—and the application of section 35 of the Scotland Act 1998.

Compare the situation now with that 10 years ago, when we had the respect agenda, which led to an improvement in relations between different Governments and ministers within them. Nowadays, I have arranged meetings with the UK Government and it has refused to give me entry to the Ministry of Defence to hold the meeting or it has continually refused to answer correspondence.

If the relationship between the civil servants is generally productive but that between the Administrations is not, would that not tend to argue for an independent civil service? I go back to a point that was made in the previous discussion. People can accuse organisations of policy capture when they are funded by the Scottish Government, although, interestingly, the Parliament is funded by the Scottish Government and nobody argues that it has been subject to policy capture. As much as anything else, is the perception not important and would it not be important to say that, as with councils and the Parliament, the civil servants who serve the Scottish Government and the public are independent and answer to them?

Finance and Public Administration Committee

Interests

Meeting date: 9 May 2023

Keith Brown

I am advised that I have no relevant interests in the register of members’ interests, but I note that I am a member of the local government pension scheme.

Finance and Public Administration Committee

Children (Care and Justice) (Scotland) Bill: Financial Memorandum

Meeting date: 9 May 2023

Keith Brown

I want to return to the issue of the cross-border situation. I understand the point that you are, legally, responsible only for what happens in Scotland and not for what happens because of failings south of the border. However, there are cases—as I am sure that you are aware—in which young people have been accommodated well away from home, in bed and breakfasts with private security guards outside their door, in some pretty bad situations.

I know that it is your responsibility to ensure that everyone in Scotland has accommodation. However, has there been a rejection in principle of the idea that, if there were available beds, as long as the Government was able to guarantee that the last bed was available, they could and should be available to people from elsewhere in order—to go back to the convener’s point—to help with the financial sustainability of the entire system?

Would that not happen if we had people in the accommodation here in Scotland but there were still some beds available? I know that it is not easy to judge how the numbers fluctuate, but why would we not want to do that?

Finance and Public Administration Committee

Children (Care and Justice) (Scotland) Bill: Financial Memorandum

Meeting date: 9 May 2023

Keith Brown

I understand the priority but I think that there is a big opportunity that might serve everyone’s interest, including the interest of financial sustainability.

My last question is about sections 12 to 14 of the bill, which deal mainly with children at court. One reason given for why more financial information is not available in the financial memorandum is the reluctance to cut across judicial discretion. I cannot say that I am convinced that a judge or sheriff might think twice about their decision because an indicative budget has been attached to that somewhere.

The imaginative response might be to say that anything agreed through discussions with the judiciary will give an indicative budget to be used only for that purpose. It might also be helpful for Parliament to look at potential costs, while also ensuring that the judiciary did not feel in any way fettered.