The Scottish Government

This item was published during the term of a previous administration that ended in April 2007

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Public Appointments Bill

31/10/2002

The Executive's commitment to openness, accountability and transparency in the public appointments process took a major step forward today.

The general principles of The Public Appointments and Public Bodies Bill were debated in the Parliament today.

The Bill provides for the establishment of a Commissioner for Public Appointments in Scotland:

• To regulate the appointments process, by prescribing and publishing a Code of Practice for Public Appointments

• To oversee compliance with a Code of Practice by the Scottish Ministers, including power to inform Parliament if the Code is breached - acting as a powerful "whistleblower" - before appointments are confirmed. The Commissioner will have the power to examine the methods and practices adopted Ministers during the course of an appointment exercise. And if the code is not being properly observed, to step in before the appointment is made

• To monitor the appointments process by appointing, training and evaluating the performance of Independent Assessors

• To conduct ad hoc inquiries into appointing policies and practices

• To investigate complaints

• To promote diversity

Deputy Minister for Finance and Public Services Peter Peacock, told MSPs:

"This Bill is another major step forward in establishing a public appointments system that reflects the highest standards - more open, accountable and transparent than ever before.

"An appointments process in which the people of Scotland can have confidence, knowing that appointments have been made on merit and scrutinised independently.

"Central to our plans is the establishment of the Scottish Commissioner for Public Appointments. The Commissioner will have a range of powers to ensure the independent scrutiny of the appointments process, including the power to intervene in appointments and investigate complaints.

"The Commissioner will also play a major role in promoting diversity in public appointments. By encouraging a wider cross-section of people to apply for posts, future appointments will be more reflective of the richness and diversity of modern Scotland.

"In addition, the role of the Parliament in public appointments will be strengthened and expanded."

The Executive delivered a fundamental review of public bodies in Scotland in June 2001. As a direct result of the review, recommendations were made for the abolition, reform or further review of 113 public bodies.

The recommendations were published in the report of the review Public Bodies: Proposals for Change on 21 June 2001.

Most of the changes detailed in the report could be, or are being effected without the need for primary legislation. However, the five public bodies cited for abolition in this Bill, and the proposed changes to the status of Royal Commission on the Ancient and Historical Monuments of Scotland (RCAHMS), were identified as requiring primary legislation to effect the report's recommendations. It is for this reason alone that these bodies are included in this Bill.

It was announced in Review of Public Bodies that RCAHMS was one of the public bodies which Ministers believed continued to have an important role to play in recording the archaeological and historical man-made environment of Scotland and should be retained but that its status should be reviewed.

Having explored alternative models, Scottish Ministers have concluded that an alternative to NDPB status for RCAHMS would be unacceptably expensive and run counter to the intention of the review which was to enhance rather than reduce accountability.

It is proposed however that RCAHMS be recreated as a statutory national body with its duties set down in statute, and be given a new name, and as a consequence it should cease to operate under a Royal Warrant. This should result in the body having a clearer identity, and foster a greater understanding of its activities and of the facilities it provides.

Public Bodies: Proposals for Change included the proposal to abolish the SCESB and transfer regulatory responsibility for qualified conveyancers and executry practitioners registered by the Board to the Law Society of Scotland.

The Scottish Ministers have, however, agreed that both the professions of executry practitioner and qualified conveyancer should be retained, but that with effect from the date of transfer of responsibility no new independent qualified conveyancers should be registered.

Ministers have agreed that independent qualified conveyancers be provided with notarial powers with direct relevance to their conveyancing duties. The proposed notarial powers will ensure a level playing field for solicitors and independent qualified conveyancers when the latter are transferred to Law Society supervision.