‘Serious failings’ at ethical standards body

“It is disturbing to see so many failings in an organisation, not least because it deals directly with concerns raised by members of the public”

Public trust in the body that investigates complaints about the behaviour of MSPs and councillors is now at risk because of serious failings in the way it is run.

The Commissioner for Ethical Standards in Public Life in Scotland (CESPLS) assesses complaints about the conduct of MSPs, local authority councillors and members of public bodies and then decides which to investigate.

Failings identified by the appointed auditor include:

• an absence of openness and transparency
• a breakdown in key relationships with stakeholders and within its own office
• no effective scrutiny or challenge which might have flagged up issues earlier

The Commissioner’s Office has since accepted 22 recommendations made by the appointed auditor and has made progress in addressing issues raised.

Stephen Boyle, Auditor General for Scotland, said: “It is disturbing to see so many failings in an organisation, not least because it deals directly with concerns raised by members of the public.

“It is vital that progress underway continues and that the recommendations made by the auditor are implemented.

“The overarching risk is that there will be a loss of public trust in the ability of the Commissioner’s Office to properly investigate and consider complaints made against individuals in public life in Scotland.”

STATEMENT FROM THE ETHICAL STANDARDS COMMISSIONER

Audit Scotland today published a Section 22 report* regarding this office (as above). The report and further details can be found on Audit Scotland’s website: Report: The 2020/21 audit of the Commissioner for Ethical Standards in Public Life in Scotland.

The report has been made in relation to serious issues identified in the audit relating to 2020/21.

Ian Bruce was appointed as Acting Commissioner on 20 April 2021 and has instituted a series of remedies. These include:

• the production of a revised strategic plan for the next three years, which now incorporates the values that were missing from the previous version and clear statements of intent about how the office will fulfil its statutory obligations in accordance with the expectations of the Parliament, public and stakeholders
• a new biennial business plan covering all office functions and addressing each of the auditor’s recommendations
• the reinstitution of Senior Management Team (SMT) meetings in accordance with previous good governance arrangements and re-eagement with our Advisory Audit Board, whose members are drawn from the independent members of the Scottish Parliamentary Corporate Body’s AAB
• the recruitment of three new Investigating Officers and a new Corporate Services Officer, to ensure all office functions are appropriately covered
• meaningful re-engagement with the SPCB and on-going communications with the SPCB and the Parliament’s Standards, Procedures and Public Appointments Committee to keep the Parliament updated on our situation and plans
• meaningful and on-going engagement with all stakeholder organisations, including the Standards Commission for Scotland, the Convention of Scottish Local Authorities (COSLA), the Society of Local Authority Lawyers & Administrators in Scotland (SOLAR) and the Society of Local Authority Chief Executives (SOLACE)
• ensuring that the directions issued by the Standards Commission are complied with.

Progress to rebuild the organisation and its relationships with stakeholders is well underway.

The Acting Commissioner Ian Bruce stated: “I am grateful for the auditors’ work on the review and have welcomed their recommendations, the majority of which are addressed in our strategic and business plans.

“I have been grateful, also, to the SPCB and the Standards Commission for Scotland for their support since my appointment and their recognition of the many changes that I have already made.

“I and the entire team are dedicated to working in accordance with our new plans and the new values that we have adopted as an organisation. It is incumbent on me and on all of the staff to earn the trust of the public and the many stakeholder organisations that rely on our effective operation as an office. We are absolutely committed to doing so.”