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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 28 June 2025
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Displaying 3264 contributions

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Public Audit Committee

Section 22 Report: “The 2021/22 audit of the Commissioner for Ethical Standards in Public Life in Scotland”

Meeting date: 2 March 2023

Richard Leonard

Okay. That is helpful.

You mentioned a situation that I certainly raised last year; other members of the committee raised it as well, I think. It is our concern about what I think is referred to in the audit report as “functus officio”, which is a Latin legal term used in reference to people whose cases were discarded—maybe they were part of that 84 per cent—not having the right to resurrect their claims: those complaints are dead. Does that not raise wider questions about public confidence in the system and whether justice was served on those people? Can you comment on that?

Public Audit Committee

Section 22 Report: “The 2021/22 audit of the Commissioner for Ethical Standards in Public Life in Scotland”

Meeting date: 2 March 2023

Richard Leonard

Those people may, indeed, seek their own legal advice on that interpretation.

Another thing that rang a bit of an alarm bell with me was the fact that the management update on the recommendations in this area included the excerpt:

“We took our own legal advice and concluded that we could not re-open investigations on the basis of the legal principle ‘functus officio’. We also concluded that there would be no value in conducting a lessons learned process.”

Why was that conclusion arrived at?

Public Audit Committee

Section 22 Report: “The 2021/22 audit of the Commissioner for Ethical Standards in Public Life in Scotland”

Meeting date: 2 March 2023

Richard Leonard

Auditor General, do you have anything to say about that?

Public Audit Committee

Section 22 Report: “The 2021/22 audit of the Commissioner for Ethical Standards in Public Life in Scotland”

Meeting date: 2 March 2023

Richard Leonard

We will come on to the outstanding cases that are sitting with the commissioner’s office, but I will bring in Colin Beattie first.

Public Audit Committee

Decisions on Taking Business in Private

Meeting date: 2 March 2023

Richard Leonard

Good morning, and welcome to the seventh meeting of the Public Audit Committee in 2023. The first item on our agenda is a decision on whether to take agenda items 4 and 5 in private. Do members agree to take those items in private?

Members indicated agreement.

Public Audit Committee

Decisions on Taking Business in Private

Meeting date: 2 March 2023

Richard Leonard

The second item is a decision on whether to hold our next meeting, on Thursday 9 March, in private. Are we agreed?

Members indicated agreement.

Public Audit Committee

Section 22 Report: “The 2021/22 audit of the Commissioner for Ethical Standards in Public Life in Scotland”

Meeting date: 2 March 2023

Richard Leonard

The action plan on the 22 recommendations and the charting of progress in the wider audit report are very useful for us. That gives us a factual presentation of how well things are going and where there are issues. We will come on to some of the issues that are identified in the action plan and that we think are outstanding. I turn to the deputy convener, Sharon Dowey.

Public Audit Committee

Section 22 Report: “The 2021/22 audit of the Commissioner for Ethical Standards in Public Life in Scotland”

Meeting date: 2 March 2023

Richard Leonard

One of the issues that arose last year concerned the separation of the commissioner from the position of accountable officer. What is the current status on that?

Public Audit Committee

Section 22 Report: “The 2021/22 audit of the Commissioner for Ethical Standards in Public Life in Scotland”

Meeting date: 2 March 2023

Richard Leonard

Thank you.

My final question is about an issue that Pat Kenny mentioned earlier on. We were a bit concerned about the medium-term financial planning arrangements. We were told in the action plan report that action on that was outstanding. We were struck by the expression that, in the management’s view,

“this is considered a low priority”,

to which our response was, by whom? To us, medium-term financial planning seems pretty important in ensuring the sustainability of an organisation such as a commissioner’s office.

Public Audit Committee

Section 22 Report: “The 2021/22 audit of the Commissioner for Ethical Standards in Public Life in Scotland”

Meeting date: 2 March 2023

Richard Leonard

I want to cover a couple of areas before we close. One is in the table in exhibit 2 that tells us about the rates of complaints. I must say that one of the things that struck me was about the 1,227 elected councillors in Scotland. That number does not include board members, who can be added to that category. They are facing 146 complaints. However, the 129 ˿ are facing 760 complaints. Why is there that difference?