Chamber and committees

The consultation is published today and will be available on the Scottish Government’s Consultation Hub at https://consult.gov.scot/energy-and-climate-change-directorate/a-consultation-on-the-regulation-of-electricians It builds on the work of the Electricians Working Group which I chair and which has been exploring the issue of whether electricians should be regulated. The closing date is 12 February 2021.

Flooding remains of the highest priority to the Scottish Government. This year’s Programme for Government committed us to invest an extra £150 million for flood risk management in addition to the £42 million provided each year to local authorities. We will continue to work with SEPA, local authorities and other relevant bodies to deliver the actions set out in the F lood Risk Management Strategies and Plans. Just this week we funded two new flood warning schemes, launched by SEPA in Eilean Siar and Aberfoyle, which will allow these communities to better prepare for future flooding.

I set out to Parliament on 7 October that due to unavoidable circumstances all National 5 exams in 2021 would be cancelled, and that a delayed Higher and Advanced Higher exam diet commencing on 13 May would go ahead.

The SQA has been developing the detail of the exams timetable for 2021 and has assessed that there is a significant risk that a large number of candidates would face sitting two Higher exams in a single day, and which could occur on a number of days across the currently planned slightly compressed diet.

We must be mindful of the burden that the approach to awarding in 2021 places on learners. On balance, I believe that bringing the start of the exam diet forward by a few days to 10 May will reduce the incidences of excessive candidate burden occurring, with minimal impact on reduced learning time. The SQA will be very shortly publishing the detailed exams timetable for 2021.

The Health and Safety Executive has undertaken a programme of independent compliance checks regarding implementation of the COVID-19 school reopening guidance.

The initial stage of this programme involved telephone compliance checks of a representative sample of 500 schools in 16 local authorities. Over 80% of schools involved were judged likely to be in compliance with the guidance at this initial stage. The HSE undertook follow-up site visits to 100 schools where levels of compliance were less certain.

My officials met with the HSE on 23 September to understand the key findings of the HSE inspections. HSE officials reported their view that the school reopening guidance was generally of very good quality, viewed very positively by schools and was flexible enough to be implemented appropriately in different school settings and adapted to local circumstances.

Feedback from HSE officials was that, overall, the schools they visited were doing "a great job" in implementing the guidance and they were “very impressed with what has been done in very challenging circumstances”. They noted positive work in areas such as adapting social distancing approaches to specific school circumstances, and ensuring good standards of hygiene. Based on the inspections undertaken, HSE found no need for formal interventions requiring improvements. Advice and examples of good practice had been provided where there were any concerns.

As part of our suicide prevention response to the pandemic we are working with our National Suicide Prevention Leadership Group (NSPLG) to ensure we have effective support for those in suicidal crisis. This involves close partnership with COSLA and third sector bodies which provide support and we have accepted all the recommendations in the NSPLG’s recent Covid statement.

We know from those with lived experience the importance of ready support for those at risk of suicide. That is why our additional investment over the pandemic period, for example, in making the NHS 24 Mental Health Hub accessible 24 hours a day, 7 days a week and rolling out Distress Brief Intervention, was so vital.

In my response to S5W-21344 on 31 January 2019, I advised Parliament that we would not be progressing the review of the application of the Scottish Government’s procedure for handling complaints about Ministers or former Ministers at that time to avoid any risk of prejudice to live criminal proceedings. Since the conclusion of those proceedings, the attention of the Government has been focussed on leading Scotland’s response to the global health emergency.

I am now however able to advise that Laura Dunlop QC has agreed to lead this review, which will commence this month.

The remit of the review is to:

1. Draw out the lessons from the first application of the procedure as followed through to decision. In particular, this will include the application of paragraph 10, and provide advice on any changes required to strengthen the content and future operation of the procedure.

2. Identify how best to support complainers in future without undermining the integrity of the process.

3. Consider what further steps could be taken to improve the procedure to meet its intention, including maintaining the confidence of Scottish Government staff in the approach which will be taken to handling such issues in future.

The findings and recommendations will be published by the Scottish Government in due course.

In my response to S5W-21344 on 31 January 2019, I advised Parliament that the Ministerial Code referral had to be paused to avoid any risk of prejudice to live criminal proceedings. Since the conclusion of those proceedings, the attention of the Government has been focussed on leading Scotland’s response global health emergency. In light of the progress that has been made we are now able to re-commence the referral.

The referral will be led by James Hamilton, who is a standing member of the panel of independent advisers. Mr Hamilton is a former Director of Public Prosecutions in Ireland and has been an independent adviser since January 2013.

Mr Hamilton will now proceed with the referral and report as soon as he is able. The report will be published in line with the terms of the remit.

The remit for the referral is as follows:

Ministerial Code Referral: Remit for Independent Adviser

Background

It has been alleged that the First Minister breached the Scottish Ministerial Code in that she failed to feed back the basic facts of meetings and discussions held with Alex Salmond to her private office as required by sections 4.22 and 4.23 of the Code. The meetings and discussions in question took place on:

• 29 March 2018 – Meeting between Ms Sturgeon and Geoff Aberdein, former Chief of Staff to Mr Salmond, Scottish Parliament
• 2 April 2018 - Meeting between Ms Sturgeon and Mr Salmond at Ms Sturgeon’s home.
• 23 April 2018 - Telephone conversation between Ms Sturgeon and Mr Salmond.
• 7 June 2018 - Meeting between Ms Sturgeon and Mr Salmond at SNP Conference, Aberdeen.
• 14 July 2018 - Meeting between Ms Sturgeon and Mr Salmond at Ms Sturgeon’s home.
• 18 July 2018 - Telephone conversation between Ms Sturgeon and Mr Salmond.

It is has been further suggested that, in light of those meetings, the First Minister may have attempted to influence the conduct of the investigation then being undertaken by the Permanent Secretary into allegations made against Mr Salmond under the Procedure for Handling of Harassment Complaints involving Current or Former Ministers (“the Procedure”).

Scottish Ministerial Code

The key relevant extracts from the Code are:

1.6. Ministers are personally responsible for deciding how to act and conduct themselves in the light of the Ministerial Code and for justifying their actions to Parliament and the public. The First Minister is, however, the ultimate judge of the standards of behaviour expected of a Minister and of the appropriate consequences of a breach of those standards. Although the First Minister will not expect to comment on every matter which could conceivably be brought to his or her attention, Ministers can only remain in office for so long as they retain the First Minister’s confidence.

1.7. Where he or she deems it appropriate, the First Minister may refer matters to the independent advisers on the Ministerial Code to provide him or her with advice on which to base his or her judgement about any action required in respect of Ministerial conduct. The findings of the independent advisers will be published.

Contacts with External Individuals and Organisations, including Outside

Interest Groups and Lobbyists

4.22 Ministers meet many people and organisations and consider a wide range of views as part of the formulation of Government policy. Meetings on official business should normally be arranged through Private Offices. A private secretary or official should be present for all discussions relating to Government business. Private Offices should arrange for the basic facts of formal meetings between Ministers and outside interest groups to be recorded, setting out the reasons for the meeting, the names of those attending and the interests represented. A monthly list of engagements carried out by all Ministers is published three months in arrears.

4.23 If Ministers meet external organisations or individuals and find themselves discussing official business without an official present – for example at a party conference, social occasion or on holiday – any significant content (such as substantive issues relating to Government decisions or contracts) should be passed back to their Private Offices as soon as possible after the event, who should arrange for the basic facts of such meetings to be recorded in accordance with paragraph 4.22 above.

The First Minister has, accordingly, referred the matter for consideration by one or both Independent Advisers for advice on which to base her judgement about any action required in accordance with the Code.

Remit

The remit for the referral is to:

1. Review any relevant documentation relating to the meetings and discussions listed above.

2. Interview any Minister or official of the Scottish Government, including Special Advisers, who may have any knowledge of the facts and content of the meetings and discussions, to assess whether the Ministerial Code is engaged and, if so, whether the terms of the Code have been complied with.

3. Interview any relevant person outwith the Scottish Government, including the former First Minister, Alex Salmond, who may have information relating to the facts and content of the meetings and discussions.

4. Determine if there is any evidence that the First Minister attempted to use information discussed during those meetings and discussions to influence the conduct of the investigation being undertaken by the Permanent Secretary into allegations made against Mr Salmond under the Procedure.

5. Provide the Deputy First Minister with a report setting out the findings and conclusions with regard to:

i. whether the Ministerial Code is engaged regarding the meetings and discussions;

ii. whether there has been any breach of the Code and the nature of any such breach; and

iii. if a breach has occurred, advice on the appropriate remedy or sanction.

6. The Independent Adviser is further invited to consider and offer views on whether the Ministerial Code might need revision to reflect the terms of the Procedure and the strict limitations it places on the involvement of the First Minister in cases which fall to be considered under the Procedure.

Timing

The Independent Adviser is invited to commence the investigation and submit a report as soon as possible.

Publication

The terms of this remit will be published.

The final report will be published. If required, the report will be redacted to remove the risk of any complainer being identified and otherwise to ensure compliance with the terms of the order made by the court in the criminal proceedings.

Payment

Appointment as an Independent Adviser does not attract payment. Reasonable travel and subsistence costs will be paid in line with normal Civil Service rules.

Secretariat

The Scottish Government will provide secretariat support as required.