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Seòmar agus comataidhean

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 20 December 2025
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Displaying 4037 contributions

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Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

I will bring in Daniel Johnson.

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

Thank you, Daniel. That was the first question that I was going to ask as well, but the Deputy First Minister is absolutely right that the First Minister appoints ministers, so if a minister has broken that code and been seen to do so, or has been involved in issues such as we have already discussed, the likelihood of their being able to survive in post is zero, I would have thought. Let us move on.

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

Electronic data storage has been a huge boon. When I left Glasgow city chambers in 1999, I was asked politely to take home the contents of six filing cabinets and mountains of other sundry possessions that were piled up. I do not think that I was popular when 13,000 constituency cases turned up in my garage subsequent to that. Therefore, I realise how important records management is. It is important to have adequate storage and ensure that records are kept robustly and confidentially.

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

It is clear that all parties that are involved in the process are expected to maintain confidentiality at all times, including when the process has concluded. The rights of staff are protected from detriment if they have made a qualifying disclosure known as whistleblowing. What constitutes a breach of confidentiality and what is considered to be whistleblowing?

10:15  

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

That appears to have exhausted questions from the committee members. I have a couple to finish with. One is a follow-up to your response to Douglas Lumsden, cabinet secretary. You said that if a complaint against a minister is dismissed at stage 1, which is initial contact and assessment, the minister concerned will not be informed. How will you deal with potentially malicious complaints against a minister?

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

In relation to the procedures for making a formal complaint, there is no time limit in relation to complaints of harassment, but there is a time limit of six months in relation to complaints of bullying; why is there a difference?

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

The procedure will consist of potentially five stages. The first is named “Initial contact and assessment”, the second is named “Investigation” and the third is named “Decision”. Should the decision find against the minister in question, there will be a fourth stage named “Employer Action” and a potential fifth stage named “Appeal”. Given that there would undoubtedly be stress on both sides in such a process, what steps will be taken to ensure that a robust process is carried out timeously? Although each case will be different, what sort of timescale is envisaged for completion of the process?

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

If a minister had concerns about an individual member of staff, how would they be progressed?

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

Okay. I do not expect that this would transpire but if it did, in theory, no action would be taken against someone for doing that, so anyone could bring any case forward, and it would be hit or miss, so to speak.

Finance and Public Administration Committee

Implementation Plan Progress and Updated Complaints Procedure

Meeting date: 25 January 2022

Kenneth Gibson

I thank the Deputy First Minister and his officials, Lesley Fraser and Ian Mitchell, for their evidence. That concludes the public part of our meeting.

11:28 Meeting continued in private until 11:56.