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Proposed Changes to Ethical Standards Legislation
The Standards Commission and the Ethical Standards Commissioner have today written jointly to Shona Robison MSP, Cabinet Secretary for Finance and Local Government and Ivan McKee MSP, Minister for Public Finance, outlining their proposed changes to the current ethical standards legislation. These changes have been proposed in order to enhance and improve the ethical standards framework. This is with a view to:1. promoting high ethical standards and improvements in conduct;
Identifying and Managing Conflicts of Interest
Politicians and other individuals in public life, including councillors and board members of public bodies, are expected to identify and declare any personal interests they may have that could conflict with their public role. This is to ensure members of the public have confidence that those who are responsible for making decisions on matters of public concern and how public money is spent are doing so in the public interest, and not that of themselves or their friends, family or associates.
Scrutiny by Councillors
Councillors’ Scrutiny Role Local authorities in Scotland are tasked with delivering essential services to communities, including housing, education and waste management. Given the importance of these services and the expenditure of public funds involved in their delivery, it is vital that councils are subject to robust scrutiny in order to ensure that they are accountable, transparent and effective. Councillors, as elected representatives, are responsible...
Revised Guidance on the Councillors' Code of Conduct
The Standards Commission has revised its Guidance on the Councillors’ Code of Conduct. The updated version can be found here. The main changes to are: The inclusion of a sentence noting the requirement to avoid becoming inappropriately involved in operational work and matters includes the work of, and matters concerning, ALEOs, and applies regardless of whether a c...
Section 10 Direction on the Outcome of Investigations
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 th...
Combined Councillors' Code of Conduct and Guidance 2024
The Standards Commission updated its Guidance on the Councillors' Code in December 2024. A version of the updated Guidance, with the Code embedded, can now be found on the website here.
Culture of Respect in Public Bodies
Culture of Respect in Public Bodies The Model Code of Conduct for Members of Devolved Public Bodies is based on the nine key principles of public life in Scotland. These include selflessness, integrity and objectivity. They also include the principle of ‘respect’. Most public bodies in Scotland are obliged to adopt the Code, meaning their board members must adhere to its provisions. The Standards Commission can impose a sanction, which can be either censure...
Upcoming Webinars with the Improvement Service
The Standards Commission and Improvement Service are conducting the following two free webinars for elected members: Identifying and Managing Conflicts of Interest - Thursday, 16 January, 10.00-11.30am Involvement in Quasi-Judicial and Regulatory Matters - Thursday, 30 January, 10.00-11.30am Both webinars will be held on MS Teams. More information on the webinars and how to sign up can be found o...
Appearing at a Standards Commission Hearing
APPEARING AT A STANDARDS COMMISSION HEARING Why are Hearings held? The Standards Commission has a statutory responsibility to adjudicate on alleged breaches of the codes of conduct for councillors and members of devolved public bodies and, where a breach is found, to apply a sanction. Following the conclusion of any investigation undertaken into an alleged breach of the applicable code by a councillor or member, the Ethical Standards Commissione...
Outcome of Appeal Against Standards Commission Decision
At a Hearing held yesterday, a Sheriff Principal dismissed an appeal brought by a councillor against the Standards Commission’s decision to find a breach of the Councillors’ Code of Conduct, and to impose a two-month suspension, in case LA/NL/3978. The appeal was dismissed following a motion raised by the Standards Commission on the basis that it was time-barred as it had not been lodged within the statutory time limit. It is likely, nevertheless, that the Standards Commission wou...
