Seòmar agus comataidhean

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.

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.

Yes. It reflects an alignment with the MSP code. I ask Ian Thomson to provide a bit more detail on that.

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.

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.

I invite Ian Thomson to respond on the technical point about the implications of the language that is used.

There will be a significant amount of work on that. The first point to stress is that, as it is a model code, it is for individual boards to take account of the revised model code, should it be agreed to by the Parliament, and to apply that to their own revised code.

The legislation creates a window of a minimum period of three months from parliamentary approval to a board being obliged to submit to ministers a revised code. We are giving boards six months to consider the revised code, should it be approved by the Parliament, to redevelop their own codes and to submit them to ministers. The idea—[Inaudible.]—board meeting—[Inaudible.]—take place. The process of boards adopting codes is for them. There will of course be direct communication from relevant Government officials to ensure that boards are aware of the need to commence work, should the code be approved by the Parliament, to update their codes to reflect the new revised model code.

Beyond that, it will be for individual boards and individual members to ensure that they are fully apprised of the details of their own codes, which will of course have to reflect the revised model code. However, although it is incumbent on individual board members to familiarise themselves with the terms of their board’s particular code, the Scottish Government’s public bodies unit provides induction workshops, in which the Standards Commission and the commissioner lead sessions. The Standards Commission can also provide guidance and ad hoc sessions as resource allows. A variety of support is available but, principally, it will be for boards to reflect on the model code, subject to the Parliament’s agreement, and within six months to submit to ministers their revised codes, taking account of the new model code. Subject to ministers’ approval, it will then be for individual board members to ensure that they are informed and updated to take ownership of their board’s revised code. I apologise for the rather convoluted way of expressing that, but I hope that it has conveyed the point.

Your question is quite specific, Mr Mountain. It might be appropriate for me to invite Ian Thomson to address that point.

Yes. That is a fair summary, convener. However, you make an interesting point about whether a process should be set out in advance for an automatic review after a particular length of time elapses, and I am happy to reflect on that.

We conducted a consultation from October last year to February of this year and had 45 respondents. As one would imagine, they expressed a variety of views but, overall, there was broad support for what we are trying to achieve with the revised model code.

As I touched on my opening remarks, there was support for the removal of information that was not necessarily applicable or required and, reflecting the changing mores of the past seven years, for the strengthened guidance on social media, bullying and harassment and collective responsibility.

Another key area where broad support emerged in the consultation was the adoption of a first-person narrative throughout the code. That will strengthen the sense of responsibility that individual members of boards have to understand the code and adhere to it.

I am happy to bring in Ian Thomson if he wants to make any other points. I want to ensure that I am giving the committee the fullest answers possible.