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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 5 May 2021
  6. Current session: 12 May 2021 to 15 August 2025
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Displaying 1811 contributions

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Standards, Procedures and Public Appointments Committee

Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill: Stage 1

Meeting date: 3 March 2022

Martin Whitfield

To follow on, we are talking about tiny potential numbers, but the costs that fall on a local authority for a by-election are quite high. Would it not be possible—not necessarily through the bill, but as a piece of open evidence—for the Government to undertake to consider giving financial support to local authorities in that very particular circumstance, which, as you say, is unlikely to occur? Because it is so unlikely to occur, it could cause financial challenges for a local authority if it comes about.

Standards, Procedures and Public Appointments Committee

Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill: Stage 1

Meeting date: 3 March 2022

Martin Whitfield

Thank you for that.

Standards, Procedures and Public Appointments Committee

Commissioner for Ethical Standards in Public Life in Scotland

Meeting date: 10 February 2022

Martin Whitfield

Please move on to those, Bob.

Standards, Procedures and Public Appointments Committee

Commissioner for Ethical Standards in Public Life in Scotland

Meeting date: 10 February 2022

Martin Whitfield

That is helpful.

There are a few fairly specific points on which I would benefit from your opinion, relating to requests that were made in the Deloitte report. The report contains a section where Deloitte has numbered some recommendations, along with the responses both from you and from others. Towards the end of that section, the report mentions engagement

“with the SPCB and Parliament to determine the reporting route for concerns about a Commissioner.”

Would you like to take the opportunity to comment on that? The management’s response in October 2021 said:

“Agreed although all we can do is engage with the SPCB following the publication of this report.”

As you say, you “have no locus” in respect of that. How did you feel about being asked to do something that was not your locus? Other than being able to ask about it, there is nothing much that you can do about it.

Standards, Procedures and Public Appointments Committee

Commissioner for Ethical Standards in Public Life in Scotland

Meeting date: 10 February 2022

Martin Whitfield

Therefore, you are not saying absolutely no to an external adviser, or whatever they would be called. However, in some sense, that is not the question that is immediately in front of you, without a manual, and there are other factors that play into that with regard to the independence of the commissioner, the independence of the commissioner when those decisions were made and the protections that are built in, in respect of councillor complaints to the commission and in respect of MSP complaints to this committee. There is a structure, and the issue is how such a review would interrelate with that structure and, indeed, the statutory requirements of independence. Is that fair?

Standards, Procedures and Public Appointments Committee

Commissioner for Ethical Standards in Public Life in Scotland

Meeting date: 10 February 2022

Martin Whitfield

That is very helpful. It is right to say, for the record, that the Deloitte report, although it was not published until October, covers the period up to the end of March 2021, which was the point at which you became acting commissioner.

What is your current assessment of your office’s capacity to move forward?

Standards, Procedures and Public Appointments Committee

Decisions on Taking Business in Private

Meeting date: 10 February 2022

Martin Whitfield

Item 2 is for the committee to agree whether its consideration of its approach to a review of the code of conduct should be taken in private at future meetings. Do members agree to take that in private?

Members indicated agreement.

Standards, Procedures and Public Appointments Committee

Commissioner for Ethical Standards in Public Life in Scotland

Meeting date: 10 February 2022

Martin Whitfield

Item 3 is for the committee to hear evidence from the acting Commissioner for Ethical Standards in Public Life in Scotland. I welcome Ian Bruce, the acting commissioner.

We move straight to questions. As convener, I will take the privilege of going first.

As acting commissioner, you have published an annual review, which has come to the committee to be addressed. Several other matters are outstanding, not least of which is a section 22 report from the Auditor General for Scotland. There is also a report from Deloitte, which I understand was produced at the request of the commissioner. We will look at some aspects of all of those and hope to clarify some issues that have come up.

Concerns about the effectiveness of the office’s statutory functions were revealed by your auditor and raised by the Auditor General. What actions have you and your senior colleagues taken to address those concerns since you took up your position as acting commissioner?

Standards, Procedures and Public Appointments Committee

Commissioner for Ethical Standards in Public Life in Scotland

Meeting date: 10 February 2022

Martin Whitfield

I am sorry to interrupt, Tess, but Sue Webber wants to come in on one of Ian Bruce’s answers.

Standards, Procedures and Public Appointments Committee

Commissioner for Ethical Standards in Public Life in Scotland

Meeting date: 10 February 2022

Martin Whitfield

That is very kind.

Before I hand over to Collette Stevenson, I will state the obvious, because it needs to be stated. Mr Bruce, when you were talking about devolving the investigations of MSP complaints to your staff, you were talking about devolving the process. The actual decision on whether there is a breach rests with you as an independent commissioner, in your role as acting commissioner, and those final decisions are always taken by you, based on all the evidence that is presented to you following an investigation. That would be right, would it not?