Section 10 Direction on the Outcome of Investigations

18th December 2024

In 2020, the Standards Commission issued a number of statutory directions to the then Ethical Standards Commissioner (ESC) under Section 10 of the Ethical Standards in Public Life etc. (Scotland) Act 2000. Only one of these, being the Direction on the Outcome of Investigations, remains in force. The Direction was initially issued to the ESC on 12 November 2020, before being renewed on 8 November 2023 and 1 February 2023. It is due to expire on 31 January 2025.

The Direction requires the ESC to provide the Standards Commission, at the conclusion of every investigation he has undertaken into a complaint about a councillor or member of a devolved public body, with a report outlining the findings and recommendations as to whether there has been a contravention of the applicable Code of Conduct. The ESC may recommend that no breach has occurred, but no longer makes the final decision on such cases, as was the case prior to the Direction being issued, when only reports recommending that a breach had occurred were referred.

The Standards Commission notes that the ESC has published an Investigations Manual, which outlines and confirms the process as provided for by the Direction. The Standards Commission further notes that the ESC has confirmed his intention is to continue to report on all cases about councillors and members that have been investigated, regardless of whether he has concluded the applicable Code has been breached. I am writing to advise, that, in the circumstances, the Standards Commission considers there is no longer a need for the Direction and, as such, will not renew it when it expires on 31 January 2025.