Commission for Ethical Standards
in Public Life in Scotland

August 2012

We are seeking your views regarding the administration of the public appointments process and the application of the Code of Practice for Ministerial Appointments to Public Bodies in Scotland (The 2011 Code). The 2011Code is designed to develop the regulatory framework established by the Commissioner for Public Appointments in Scotland. The questions contained in this response form relate to the operation of the 2011 Code since its introduction and the potential to make revisions to it. We would welcome your opinions on these issues.

How to access copies of the code

Copies of 2011 code currently in use in Scotland may be accessed:

  • on the Commissioner’s website -
  • by telephone - 0131 718 6058
  • by email -
  • by writing to

Stuart Allan

Public AppointmentsCommissioner forScotland

39 Drumsheugh Gardens

Edinburgh

EH3 7SW

The text of the code can be made available in alternative formats; requests for alternative formats should be made to the Commissioner’s office as above.

How to respond

Please indicate your opinions about the operation of the 2011 Code and any other comments you wish to make on this questionnaire. If you wish to complete and submit the questionnaire electronically you can do so by downloading a copy of a Word version at:

Timeframe for consultation

We are inviting written responses to this consultation by 31 October 2012.

Thank you for your interest.

Please refer to the consultation paper and answer the questions below, adding any other comments you wish to make at the end of this questionnaire. You may choose to answer all questions or only those that are of specific interest to you.

  1. Questions A –
  2. Should the Code have a clear provision on specific guidance being available by the Commissioner to the Government on particular cases?

A.a
  1. Is it appropriate the Commissioner should facilitate this by ensuring that assessors are available to provide appropriate guidance hands-on throughout the appointment process?

A.b
  1. Questions B –
  2. Should skills and knowledge be expanded to cover the wider qualities that Ministers might be expected to look for in candidates?

B.a
  1. If so, what other qualities are suitable for inclusion?

B.b
  1. Should the Code make it clear that statutory provisions in founding legislation that qualify certain appointments should be specifically referred to in publicity material for these posts?

B.c
  1. Questions C
  1. Should a requirement for appointment-specific management informationto inform publicity, application and assessment methods be retained?

C.a
  1. If so, how shouldthe requirements be clarified and made more proportionate?

C.b
  1. If not, how will panels ensure that resources are expended appropriately on publicity that will succeed in meeting equal opportunities requirements?

C.c
  1. Questions D
  1. Should the terms of the Code be amended to clarify all or any of these matters (please see consultation document)?

D.a
  1. Should prospective panel members be required to undertake dedicated training on the requirements of the Code before taking up their responsibilities?

D.b
  1. Should further training workshops be held?

D.c
  1. Questions E
  2. Should the Code and guidance be amended to provide that scrutiny will be undertaken based on proportionality on the understanding that this may mean that scrutiny (as a matter of course) will not be carried out in a range of cases?

E.a
  1. Should the Commissioner continue to refer complaints to the Government?

E.b
  1. If so, should there be timescales laid down for dealing with complaints?

E.c
  1. Should there still be requirements to publicise that the appointments process is regulated by the Commissioner?

E.d
  1. QuestionsF
  2. Are the Code’s current provisions on setting out the criteria to be used for appointment sufficiently clear or should an element of flexibility be introduced?

F.a
  1. What additional criteria and/or materials should be considered by panels and Ministers?

F.b
  1. Questions G
  2. Are current practices on reappointments effective and proportionate?

G.a
  1. Could improvements be introduced without impacting on the quality of decisions on reappointments?

G.b
  1. Should the Code be revised and if so how can reappointment practices be improved?

G.c
  1. Questions H
  2. Is the current system of feedback operating well or are there any improvements that can be suggested?

H.a
  1. Should there be a time limit for applicants to apply for feedback?

H.b
  1. Questions I
  2. Are there any other issues relating to the Code or associated guidance you wish to raise?

I.a
  1. Are there any other issues relating to appointment practices you wish to raise?

I.b

How your response will be used

All responses will be analysed and considered along with any other available evidence to inform the work of the Commissioner in finalising the code.

Confidentiality

Copies of all responses received will be placed on the Public Appointment Commissioner for Scotland (PACS) website and/or made available to the general public in the PACS office. The views expressed may be quoted or referred to in any future review of responses. All responses which do not indicate a requirement for confidentiality will be checked for any defamatory material before being made publicly available. If you do not wish your response to be made public, please ensure that you indicate clearly that all or part of your response is to be treated as confidential (see below). We will endeavour to maintain such confidentiality subject to the provisions of the Freedom of Information (Scotland) Act 2002. We will still count confidential responses in any statistical analysis and your views will be taken into account in the same way as for non-confidential responses.

Process following consultation

Following this consultation the Commissioner’s Office will write to all who have participated in the consultation to indicate the outcome of the consultation exercise and the proposed impact,if any, on the Code. If changes are to be made to the Code then a formal consultation process will be launched.

Your information

Please complete the details below and attach with your response.

  1. Are you responding as (please tick appropriate box):

an individual?
(go to 2a/b, 3)
on behalf of a group or organisation?
(go to 2c/d, 3)

Individuals

2a.Do you agree to your response being made public (on the PACS website and in our office)?

Yes / Go to 2b below
No

If you wish part of your response to remain confidential please indicate which part or parts:

QA / QD / QG
QB / QE / QH
QC / QF / QI

2b.Where no confidentiality is requested, we will make your response available to the public on the following basis (please tick one box):

Make my response and name available
Make my response available, but not my name

On behalf of groups or organisations

2c.Do you agree to your response being made public (on the PACS website and in our office)?

Yes / Go to 2d below
No

If you wish part of your response to remain confidential please indicate which part or parts:

QA / QD / QG
QB / QE / QH
QC / QF / QI

2d.Where no confidentiality is requested, we will make your response available to the public on the following basis (please tick one box):

Make my response and organisation’s name available
Make my response available, but not my organisation’s name

Further Contact

3a.We may wish to contact you again in the future to clarify comments you make in your response. Are you content for us to do so?

Yes
No

3b.We may wish to contact you again in the future for consultation or research purposes. Are you content for us to do so?

Yes
No
Name
Address
Email address
Tel no

Please return this questionnaire to:

Consultation Response

Public Appointments Commissioner for Scotland

39 Drumsheugh Gardens

Edinburgh

EH3 7SW

OR

If you have any comments about how this consultation exercise has been conducted, please send them to the same address. We can also be contacted by telephone and further information regarding the work of the Commission can be found on our website.

T: 0131 226 8138W:

August 2012

Commission for Ethical Standards in Public Life in Scotland
39 Drumsheugh Gardens Edinburgh EH3 7SW
T: 0300 011 0550 E: W: