This review of The Ministerial Code attempts to compare it with The Nolan Principles first published on the 31st May 1995, bearing in mind Accountability Scotland's principles arising from the Ruddy case which suggests that all civil servants should be "Open, Honest, and Accountable." Please see our Petition PE 1964 of 17th March 2020.
Accountability Scotland's concept
We suggest the the following three definitions are all that is required, viz being:
Open [Nolan 5]
Meaning that any report on whatever subject should be Open in every respect, providing that the names of any minors should either be redacted or anonymized. Nothing should be secret or hidden. In particular names of all civil servants should be provided.
Honest [Nolan 6]
Meaning that any fact should be presented in a clear manner, without any attempt to "cover up" any possibly relevant actions, and should identify exactly who did what and when. Motives are irrelevant.
Accountable [Nolan 4]
Meaning that those servants who have taken any actions should not only be named, but made fully responsible for their actions including any after effects of said actions.
The Nolan Principles
1 Selflessness
Holders of public office should act solely in terms of the public interest.
2 Integrity
Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.
3 Objectivity
Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.
4 Accountability
Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.
5 Openness
Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.
6 Honesty
Holders of public office should be truthful.
7 Leadership
Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.
A recent review of the Nolan Principles was made by the Committee on Standards in Public Life [CSPL] and published - click here to see.
It concludes:
What seems clear is that the public does not have much trust in what is driving those in high political office and that cynicism, coupled with the emergence of new means of expressing that distrust in the form of social media, has further eroded the public’s confidence that the political system and government more widely is working effectively on its behalf.
Where institutions (or individuals in them) become self-protecting against external (or internal) scrutiny, take steps to shift blame and responsibility, or attempt to cover up its activities, they are violating their responsibilities to act honestly, openly and in an accountable manner, and they are putting the interests of members of the organization before their responsibilities to serve the public.
One cannot agree more !
And in Scotland
Why these were added In January 2024 remains a mystery, but maybe it is just to prove something [that remains to be quantified] two further principles were added. It is noted that this was done as follows:
The principles of duty and respect were later introduced by the then Scottish Executive and added to the original seven Nolan Principles to create the nine key principles underpinning public life in Scotland. The Codes for councilors and members of devolved public bodies in Scotland are based on these key principles.
Noted that no reason is given for these additions. Please see the Key Principles statement by the Standards Commission for Scotland.
8 Duty
Google AI produces the following definition:
Holders of public office have a duty to act in the interests of the public body and in accordance with its core tasks.
There is no mention of the public, democracy or anything else. In fact it implies "negatively" that a public body can therefore do whatever it [the senior members thereof] thinks that it wants or needs irrespective of the wish's of the electorate - noted that said senior members are NOT elected, and have managed to make themselves "unaccountable".
9 Respect
Google AI produces the following definition:
Treat everyone with respect and encourage others to do the same.
The classic example of how NOT to have respect is Nicola Sturgeon. This statement is made based on the detailed research carried out by Ian Mitchell, and published in his book on Nicola Sturgeon - Volume 1 of supposedly 3.
Further comment by Google AI.
Codes of Conduct:
These principles are the foundation for codes of conduct for councilors and members of devolved public bodies in Scotland.
Ongoing Importance:
The principles remain crucial for maintaining public trust and ensuring ethical conduct in public life, requiring constant attention and vigilance.
Fairer Scotland Duty:
The Fairer Scotland Duty, set out in Part 1 of the Equality Act 2010, places a legal responsibility on public bodies to actively consider how they can reduce inequalities of outcome caused by socio-economic disadvantage when making strategic decisions.
Consumer Duty:
The Consumer Scotland Act 2020 introduced a duty on relevant public authorities to have regard to the impact of their decisions on consumers in Scotland and the desirability of reducing harm to consumers.
Equality Duties:
The Equality Act 2010 also includes a general equality duty for public bodies to eliminate unlawful discrimination and advance equality of opportunity.
The Ministerial Code
Bawsed on the comments and principles stated above, comments are made below on the Ministerial Code for the elected members of the Scottish Parliament.
This 47 page document was last updated by Humza Yousaf on 20 July 2023, and revised in November 2024 [by when it seems to have lost Duty and Respect]. It is split into 13 sections, which include Yousaf's introduction [written before his timely departure], and and an annex specifying the Nolan Principles [without the two others]. Comments are made on the eleven sections of content.
1. Scottish Ministers
- They are "expected" to behave - not REQUIRED. [Clause 1.1]
- They are again "expected to behave" in accordance with the SEVEN principles but what about the two new ones ?? [Clause 1.3]
- Freedom of Information (Scotland) Act 2002 needs an overhaul . . . [Clause 1.3 (d)]
- Ministers must not use public resources for party political purposes - so they ARE allowed to use said resources for family purposes - such as attending football matchs, or viewing football games whilst on holiday ?? [Clause 1.3 (i)]
- The First Minister is, however, the ultimate judge. Except of course when said minister is in breach ??? [Clause 1.6]
2. Ministers And The Government
- The Scottish Government operates on the basis of collective responsibility. So what the First Minister decides is forced on everyone else. [Clause 2.1]
- The internal processes through which a Government decision has been made should not normally be disclosed. Secrecy Rules then. [Clause 2.4]
- A Minister can only remain in post for so long as they retain the confidence of the First Minister. Object and be sacked. [Clause 2.9]
- Matters wholly within the responsibility of a single Minister which do not significantly engage collective responsibility need not be brought to the Cabinet. Little Hitler rules apply then ! [Clause 2.11]
- The writer of copious minutes which are rarely read has a lot of power to alter policy. Should meetings be electronically recorded ? [Clause 2.13]
- Clause 2.21 is nonsensical: Minutes are a record of what has happened . . . they cannot be used to seek permission.
- The term "minute" and the term "notice" or note or ??? need clarification. See above. Literacy [educational] issue with clerks ??? [Clause 2.23]
- Collective Agreement again. [Clause 2.25]
- Retaining copies of documents is not discussed. [Clause 2.28]
- Legal Advice. Scottish Water, the Water Industry Commission[er] for Scotland have consistently failed to apply the Law. [Clauses 2.30 to 2.37]
- Legal advice is provided as "secret" - viz contravening the Open and Accountable principles. [Clauses 2.38 to 2.42]
Note:
At this stage of the review, it has become abundantly clear that the Ministerial Code is in reality a document that is designed to specifically bypass the Nolan Principles by simply "proscribing" certain activities, which implicitly allows other activities which any right thinking person ought also to be disallowed.
3. Ministers and the Scottish Parliament
- Accountability is thwarted by simply refusing to allow anyone to ask more than two questions on the same subject. The following procedure seems to apply:
- Constituent asks MSP a question.
- MSP forwards question to the Minister [more likely his staff].
- The Minister "fends off " the question often using various devious tactics such as answering a different question.
- The MSP sends the answer to the Constituent.
- The Constituent returns to the MSP and makes the point that the matter has not been addressed adequately.
- The MSP forwards this to the Minister.
- The Minister again rebuts and refuses to properly address the matter.
End of matter. This is apparently the unwritten rule. [Clause 3.2b]
See an example by clicking here.
4. Ministers and their Responsibilities
- The appointment of Special Advisers seems to be entirely uncontrolled, being in the sole power of the First Minister. [Clause 4.17]
- Salaries are similarly set. For Example on Ferries at Ferguson's in Port Glasgow. [Clause 4.18]
5. Ministers and Appointments
- The requirement to make an Appointment on Merit does not always seem to have been achieved for example at Fergusons [Clause 5.6]
See here Ian Mitchell's video on the subject. - The First Minister controls any appointmet whuich may be categorised as "poloitical". [Clause 5.9]
6. Ministers and Civil Servants
- Impartiality within the Civil Service which inter alia should include the Water Indistry Commission for Scotland [WICS]. WICS under its first chairman engaged in extracting unlaful watwer charges from small business's in business centres and the like. [Clause 6.1]