³ÉÈË¿ìÊÖ

Skip to main content
Loading…

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.  

Filter your results Hide all filters

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 3 August 2025
Select which types of business to include


Select level of detail in results

Displaying 1169 contributions

|

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 7 October 2021

Tom Arthur

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

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, 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

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 apologise to Ms White if I did not answer the question. The revised code received broad support. The particular issues that were raised, which are available in the consultation document, were considered and were incorporated by tightening the language in the code. If possible, I will bring in Ian Thomson to expand on that and address the points that you raise.

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 7 October 2021

Tom Arthur

I am certainly happy to respond to the committee by then and will endeavour to give the fullest answer that I can. I am very grateful to the committee for its probing questions and scrutiny, which have exposed some areas that perhaps had not been considered before. In particular, I am sure that a number of us will want to reflect on the issues that Mr Mountain raised in his line of questioning with regard to not just the code for councillors and the model code for members of public bodies but the MSP code. I am grateful for the committee’s contribution and I am happy to write back to you ahead of the date that you have referred to.

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.