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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 5 May 2021
  6. Current session: 12 May 2021 to 2 April 2025
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Displaying 1169 contributions

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Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 7 October 2021

Tom Arthur

Yes, we clearly would. The Standards Commission for Scotland provides support and guidance as well. It will be for individual boards to respond to the model code, should the Parliament agree to it. They will go through a process and submit their revised codes to ministers for consideration. Ultimately, the ones that are best placed to interpret the model code as it is applicable to the organisation are the respective organisations themselves.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 7 October 2021

Tom Arthur

The new model code does not change the sanction regime. It seeks to provide greater clarity. As I mentioned, certain elements of the 2014 revision have been removed to improve clarity. I spoke about the move to first-person narrative, and there is also updated and strengthened language concerning social media and bullying and harassment.

The revision was not about introducing new sanctions. It was about taking an opportunity to bring the code up to date to reflect societal changes and to make it more user friendly. As the consultation responses reflect, we have been able to achieve that to a large extent.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 7 October 2021

Tom Arthur

You have asked an important question. As I touched on in my introductory remarks, the original code was introduced—[Inaudible.]—and was revised in 2014. I want to highlight two points that informed our decision to progress the revision at this juncture, the first of which is simply the amount of time that has passed since 2014. I mentioned the issues of social media and bullying and harassment several times in my opening remarks, and I know that across the public and private sectors and, indeed, wider society there have been significant reflections on codes of conduct and whether they are fit for purpose. Indeed, the committee considered the issue in great detail in the previous parliamentary session. In short, we wanted to reflect the changes that have happened in society over the past seven years and felt that this was an appropriate juncture at which to consider and revise the code.

As I said in my opening remarks, the councillors’ code is also being revised. Both codes were introduced at a similar time, close to the beginning of the devolution era. Because the councillors’ code was being revised, it was deemed appropriate that the two codes should continue to be aligned where appropriate.

Those two factors have informed the decision to carry out the revision now. Of course, in future, we will always take account of developments and changes. That will inform future decisions on when it would be appropriate to revise the code.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 7 October 2021

Tom Arthur

That is an important point. I draw the committee’s attention to the fact that the code for members of public bodies is a model code and it will be up to the individual bodies that are listed in schedule 3 to the 2000 act to apply it as appropriate to their own organisations. Obviously, the codes that they seek to apply will have to be agreed to by the Scottish ministers. However, the need for a degree of flexibility to recognise not only the distinction between public bodies and local authorities but the variety of public bodies that exist is the reason why we have a model code as opposed to prescribing one overarching code to which each public body must adhere.

I hope that that reassures you on the point that you raised, convener.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 7 October 2021

Tom Arthur

I am happy to take that away. Clearly, the figure was reached previously and, hence, is reflected across a number of codes, including the MSP code, which is a matter for the Parliament to decide. I am happy to seek to provide the committee with further information at a later date as to how the figure was arrived at for the previous code. However, it has clearly been generally accepted, hence its appearance across multiple codes.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 7 October 2021

Tom Arthur

Yes. It reflects an alignment with the MSP code. I ask Ian Thomson to provide a bit more detail on that.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 7 October 2021

Tom Arthur

I invite Ian Thomson to respond on the technical point about the implications of the language that is used.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 7 October 2021

Tom Arthur

There will be a significant amount of work on that. The first point to stress is that, as it is a model code, it is for individual boards to take account of the revised model code, should it be agreed to by the Parliament, and to apply that to their own revised code.

The legislation creates a window of a minimum period of three months from parliamentary approval to a board being obliged to submit to ministers a revised code. We are giving boards six months to consider the revised code, should it be approved by the Parliament, to redevelop their own codes and to submit them to ministers. The idea—[Inaudible.]—board meeting—[Inaudible.]—take place. The process of boards adopting codes is for them. There will of course be direct communication from relevant Government officials to ensure that boards are aware of the need to commence work, should the code be approved by the Parliament, to update their codes to reflect the new revised model code.

Beyond that, it will be for individual boards and individual members to ensure that they are fully apprised of the details of their own codes, which will of course have to reflect the revised model code. However, although it is incumbent on individual board members to familiarise themselves with the terms of their board’s particular code, the Scottish Government’s public bodies unit provides induction workshops, in which the Standards Commission and the commissioner lead sessions. The Standards Commission can also provide guidance and ad hoc sessions as resource allows. A variety of support is available but, principally, it will be for boards to reflect on the model code, subject to the Parliament’s agreement, and within six months to submit to ministers their revised codes, taking account of the new model code. Subject to ministers’ approval, it will then be for individual board members to ensure that they are informed and updated to take ownership of their board’s revised code. I apologise for the rather convoluted way of expressing that, but I hope that it has conveyed the point.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 7 October 2021

Tom Arthur

Your question is quite specific, Mr Mountain. It might be appropriate for me to invite Ian Thomson to address that point.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 7 October 2021

Tom Arthur

Yes. That is a fair summary, convener. However, you make an interesting point about whether a process should be set out in advance for an automatic review after a particular length of time elapses, and I am happy to reflect on that.