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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 4 May 2021
  6. Current session: 13 May 2021 to 24 December 2025
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Displaying 2087 contributions

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Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Martin Whitfield

It is right and proper to point out that one organisation is currently at level 4. Can you say anything about how long you anticipate that it will remain at that level for? That is the highest level of intervention that you undertake.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Martin Whitfield

To move back to interventions, the Scottish Government is currently at level 3, which means that it produces a plan, which you oversee. In May last year, you produced a report on Scottish Government intervention, and you are looking at doing another deep dive into the plan that it has proposed, after which there will be a report on that. Is it your hope that, at that stage, it can move from level 3 intervention or, given, to be fair, the size of the organisation and the complexity of data—in particular, the statistical data that you have talked about—are your concerns such that the critical friend exercise, in which you are there to help and assist, might be on-going?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Martin Whitfield

I move the committee into private session.

10:55 Meeting continued in private until 11:09.  

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Martin Whitfield

Please.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Martin Whitfield

That is very helpful.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Martin Whitfield

That is very helpful.

With regard to my question about the situation as you move forward, can you see any operational risks coming along that you are concerned about? Is there anything on the horizon that is worrying you?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Martin Whitfield

You do not anticipate that we will return to the level of FOI requests that we had before the pandemic.

Standards, Procedures and Public Appointments Committee

Commissioner for Ethical Standards in Public Life in Scotland

Meeting date: 9 March 2023

Martin Whitfield

Yes, we can come back to that.

We will move on to questions from Alexander Stewart. As we have raised the question of complaints about MSPs, let us have a look at the report from that point of view.

Standards, Procedures and Public Appointments Committee

Commissioner for Ethical Standards in Public Life in Scotland

Meeting date: 9 March 2023

Martin Whitfield

Thank you. With the usual fun and games as convener, I will go first and steal all the best questions.

Before we start, I say that the continuing honesty in the annual report about the challenges that you, as the commissioner, and your office have faced is very welcome. A number of external comments have pointed to failings in the commissioner’s office in the recent past. All the evidence that was given at the Public Audit Committee last week and the various reports on the issue contain comments to the effect that there has been great change, but there is still change to come and that it will be some time before confidence in your office—and, indeed, in you—is rebuilt.

What do you feel about seeing those comments, as commissioner? Do they resonate with you? Do you understand them, and are you committed to continue to reach for the higher standards that you have spoken about in your report?

Standards, Procedures and Public Appointments Committee

Commissioner for Ethical Standards in Public Life in Scotland

Meeting date: 9 March 2023

Martin Whitfield

Those are welcome comments. Rather than say, “I hope that they don’t come back to haunt you,” I will say that I hope that they give you and others around you the confidence to carry on and achieve that.

I want to get into some of the detail and in particular something that I know that you are aware has interested me significantly, which is the relationship with your staff when they have concerns. We have previously taken evidence, as have other committees, about the formalised whistleblowing provisions that exist. However, interestingly, in the evidence that was given to the Public Audit Committee last week—I will quote from it, as I would like your comments on it—Pat Kenny said:

“The routes that staff can use if they are concerned about the office holder in the future have been re-emphasised within the organisation. For example, one route that has been emphasised involves going to Audit Scotland to raise certain concerns. The accountable officer of the ethical standards commissioner can also go to the accountable officer of the corporate body, and it has been clarified that there is a reporting route to the chair of the audit advisory board if there are concerns within the organisation.”

He gave a little bit more evidence and then said:

“I would be keeping a very close eye on that process to ensure that it beds in and is implemented effectively, because it is key that that be put right. Progress has certainly been made in that respect, but it is very important that the audit function continues to look at that issue.”—[Official Report, Public Audit Committee, 2 March 2023; c 7.]

The issue is not just about financial audit; it is about the first green to amber warning signs that something is going wrong. Will you comment on that and, I hope, give confirmation to the committee that you agree with that evidence? Also, what are the challenges with regard to that issue going forward?