Seòmar agus comataidhean

We conducted a consultation from October last year to February of this year and had 45 respondents. As one would imagine, they expressed a variety of views but, overall, there was broad support for what we are trying to achieve with the revised model code.

As I touched on my opening remarks, there was support for the removal of information that was not necessarily applicable or required and, reflecting the changing mores of the past seven years, for the strengthened guidance on social media, bullying and harassment and collective responsibility.

Another key area where broad support emerged in the consultation was the adoption of a first-person narrative throughout the code. That will strengthen the sense of responsibility that individual members of boards have to understand the code and adhere to it.

I am happy to bring in Ian Thomson if he wants to make any other points. I want to ensure that I am giving the committee the fullest answers possible.

I apologise for the confusion; I heard you mention section 6. General conduct and respect and courtesy are under section 3 of the revised model code, which gives definitions of bullying and harassment. In relation to your point about inappropriate behaviour being subjective, it is about what the individual feels in a particular situation. That definition has been adopted more widely across a range of institutions.

In relation to your point about the first-person narrative, as I touched on in my answer to the convener, it is about strengthening the narrative that it is for individual board members to take responsibility by not only familiarising themselves with the code but ensuring that they understand the code and adhere to it, and by seeking further guidance when appropriate from the standards officer or chair of their board to ensure that they comply with the code. It is about taking ownership and personal responsibility, which is why the decision was taken to move to a first-person narrative. That was queried by some people during the consultation, but there was broad support for the move. It is about strengthening the ownership that board members are expected to take of their conduct and understanding the code.

I take your point and I will reflect on it. The document will be complemented by guidance produced by the Standards Commission for Scotland, so there might be an opportunity to address any confusion in the guidance. That matter did not emerge to any great extent during the consultation, but I appreciate your point and I am happy to reflect on it. If there is a case to consider that, it will be for the Standards Commission for Scotland as an independent body to determine what guidance it produces. We can engage on that issue if there appears to be a need to address it, but, as I said, it did not emerge to any great extent during the consultation process.

I ask Ian Thomson to come in to reiterate the point about how the language was formulated and developed.

Good morning. It is a pleasure to appear before a committee of which I have many fond memories as a member in the previous session. I congratulate all members on their appointment and I belatedly congratulate you, convener, on your appointment.

At the outset, I offer my sincere thanks to all who have contributed to the process of producing the revised model code. In particular, I thank key stakeholders, including board chairs, and the Standards Commission for Scotland for its input and continuing engagement in the process. I also offer my sincere thanks to the Scottish Government officials and to all those who participated in the consultation that we ran over the autumn and winter of last year and early into this year.

The Scottish Parliament demonstrated its commitment to the promotion of high standards in public life by passing the Ethical Standards in Public Life etc (Scotland) Act 2000 as one of its earliest statutes. The act introduced a new ethical framework under which the Scottish ministers were required to issue a code of conduct for councillors and a model code of conduct for members of devolved public bodies, as listed in schedule 3 to the act, as amended. Each listed public body is required to develop an individual code based on the model code. Both codes of conduct are based on nine key principles: duty, selflessness, integrity, objectivity, accountability and stewardship, openness, honesty, leadership and respect. Responsibility for ethical standards policy, including the model code and the councillors’ code, rests with the Scottish Government. However, the independent offices of the Standards Commission for Scotland and the Commissioner for Ethical Standards in Public Life in Scotland have responsibility for the day-to-day operation of the codes.

The initial codes for councillors and members were approved by the Scottish Parliament in December 2001 and brought into effect on 1 May 2003, and the current version of the members’ code was amended in 2014. The Scottish Government recognised that a number of new developments had occurred since the model code’s last review in 2014 and that it was important to take account of those changes; it also wanted to provide users with an opportunity to contribute to the revised model code.

The Scottish Government‘s public consultation on the revised code ran for 16 weeks from October 2020 through to the beginning of February 2021, and an analysis report of the responses has been published and is available on the Scottish Government website. The consultation sought views on the amendments to the existing model code with the aim of establishing whether the proposed revisions made it clearer and easier to understand, raised awareness of the use of social media, changed the rules on gifts and hospitality and highlighted that bullying would not be tolerated and, importantly, whether the proposals were proportionate and appropriate for inclusion in the model code. We also welcomed comments on any aspects of the model code.

A total of 45 responses were received from a wide range of stakeholders, and the overall view was very positive. Respondents agreed that the model code required to be updated and that the proposed changes achieved the aim of making things clearer, took account of issues such as the use of social media and highlighted that bullying and harassment would not be tolerated. We have carefully considered the responses to the consultation and the proposed changes have been made to strengthen the model code and provide clearer information for its users.

It is important to emphasise that the ethical basis of the revised model code remains unchanged from that of the original code. Although we want to make the code easier to understand, we also want to take this opportunity to take account of developments in our society such as the role of social media and to strengthen things by reinforcing the importance of behaving in a respectful manner and making it clear that bullying and harassment are completely unacceptable and should not be tolerated. There is greater emphasis on the requirement for individual board members to take personal ownership of their behaviour by ensuring that they comply with their board’s code of conduct and to take steps personally to understand their role and compliance. We feel that the proposed changes to the model code will help make it more practical and easier for users to comply with in their everyday roles.

Finally, I want to highlight that, where appropriate, the councillors’ code, which is currently being considered by the Parliament, and the model code have been aligned. I welcome the opportunity to answer the committee’s questions on the revised model code of conduct for members of devolved public bodies.

If you do not mind, I will turn to Ian Thomson for further input on the points that you have raised, Mr Doris.

Are you referring to section 6?

I want to make sure that I am referring to the appropriate part of the model code when I respond. Section 3 is on respect and courtesy. Is that the area that you refer to?

I touched on some of that in my previous answer to Paul McLennan. As has been touched on by other committee members in relation to the first-person narrative, it is about personal ownership by board members.

If someone is appointed as a member of a public board, it is incumbent on that individual to familiarise themselves with their own code, which will be provided to them by their chair. I made reference to the induction workshops that the Scottish Government’s public bodies unit facilitates when someone is appointed to a public board. I also referred to the fact that those include presentations from the Standards Commission and from the commissioner. Therefore, training opportunities exist.

It is also incumbent on individual board members to take opportunities to continually update their awareness and understanding of how the code is applicable to their conduct and to the operation of their board. I appreciate that that places a heavy emphasis on individual responsibility, but I hope that that is balanced by the support that is provided for new members as they are appointed—and, of course, each board has the resource of the standards officer, to whom individual board members can turn if they seek further clarity or guidance on the code and its applicability.

To complement the codes of individual boards, guidance is provided by the Standards Commission. That is under development. Should the model code be adopted by the Parliament, guidance by the Standards Commission will be published on the website.

Although a heavy emphasis is placed on individual responsibility, a range of support is available, including at the point of induction and continually thereafter.