The Scottish Government

GUIDANCE ON CONTACTS WITH THE SCOTTISH PARLIAMENT INFORMATION CENTRE

1 This note provides advice on the relationship between the Scottish Executive and the Scottish Parliament Information Centre (SPICe). It focuses particularly on how officials should handle requests for information from SPICe. Related guidance is available on Contacts with MSPs.

Introduction

2. The Scottish Executive is a key source of information for SPICe researchers. For its part, SPICe can play an important role in channelling Executive information to MSPs quickly. The main message that this note seeks to convey is that it is important for all concerned that staff of the Scottish Executive and SPICe should work together effectively, but that they should be aware of the different contexts in which they each operate.

3. In particular civil servants need to bear in mind their constitutional position. The Civil Service Code states clearly that the constitutional and practical role of the Civil Service is to assist the duly constituted government of the day - in our case the Scottish Executive - in formulating its policies. It would be a clear breach of the Code were civil servants simultaneously to assist Opposition parties, through SPICe or by any other means, in the formulation or development of their policies. Thus, in any direct or indirect contacts with MSPs who are not Scottish Ministers they must avoid either suggesting or commenting on policy options, or engaging in debate about the merits of the Executive's policies; they may provide only factual information or factual briefing.

Role of SPICe

4. Located in the Parliament HQ building on George IV Bridge, SPICe provides research, information and documentation services to the Scottish Parliament. Its staff are staff of the Parliament itself (ie they are not civil servants). They work solely and impartially for the Parliament and its Members, much as the House of Commons Library does in relation to that House and its MPs. They should not be confused with the more 'partisan' researchers and other staff of individual MSPs or parties within or outwith Parliament.

5. SPICe's purpose is to assist MSPs, their staff and the staff of the Parliament to secure expert information and briefing for their parliamentary duties. Its staff possess a range of expertise in relevant (primarily devolved) areas. They undertake and commission research for the Parliament's committees and for individual MSPs. Briefing papers are produced on major issues relating to forthcoming parliamentary business, or other subjects of topical interest. SPICe also compiles reference information on parliamentary and other issues and a range of statistical analyses and constituency profiles.

Access to Information

6. Through the Code of Practice on Access to Scottish Executive Information, Scottish Ministers have emphasised the importance they attach to making factual information as widely available as possible. Paragraph 3 of Part I of the Code sets out the type of information which the Scottish Executive is committed to releasing. SPICe provides a quick and straightforward means of providing MSPs with such information. Clearly the more information that SPICe holds, the better the service that it will be able to provide to MSPs who will, in turn, be less likely to need to approach the Executive direct for information - either by tabling PQs or by other means. Scottish Executive officials can also seek advice about the Parliament (its procedures, publications etc) from SPICe and use its Document Supply Centre as a means of channelling publications to MSPs.

Contacts initiated by the Executive

Volunteering information

7. As with the House of Commons library, SPICe's Document Supply Centre acts as a repository for documents and can therefore be used as a channel for making Scottish Executive publications (consultation papers, White Papers, Annual Reports, Departmental circulars etc) available to MSPs. A minimum of 20 copies must be provided for this purpose. Parliamentary Clerk's office will co-ordinate these arrangements including any associated PQ (contact: Ian Stage ext 85595 or George Skelton ext 40585). Further guidance is available on the Laying of Reports.

8. Arrangements should also be made for copies of documents (such as White Papers and Consultation papers) to be provided to the Clerk of the relevant committee. Guidance on this is set out in the separate Guidance on Contacts with MSPs.

Requests for Parliamentary Information

9. From time to time, Scottish Ministers and Executive officials may receive requests from the public for information on Parliamentary publications and procedures, as distinct from Executive information. Where this occurs, it is clearly more appropriate for the Public Information Office (PIO) to handle the request. Officials should therefore pass the request to the PIO on 0131 348 5000 and inform correspondents that they have done so.

10. SPICe staff will also be happy to assist any officials requiring information about how the Parliament works and about current developments in their subject areas, consistent with their Parliamentary obligations. For example, SPICe researchers may be aware of issues coming up in the Parliament's committees.

SPICe Requests for Information

11. SPICe staff will need to contact civil servants in the course of their duties to ensure that they know the facts and context about a given issue. They may do so on their own account (eg in the preparation of a research paper or for briefing a committee) or on an MSP's behalf. The following paragraphs set out the requirements upon SPICe staff and Scottish Executive officials in such circumstances.

Requirements upon officials

12. SPICe staff seeking information will:

• consider other possible sources and the demands on Scottish Executive officials' time before deciding to approach them for assistance;
• approach officials at Branch Head (generally C1) or above. SPICe staff have access to the Scottish Executive Business Directory. They will use this to try to identify the relevant Branch Head. Where the relevant person is away, they will contact the Head of Division instead;
• respect the constraints placed upon civil servants by virtue of their relationship with Ministers. Guidance is being prepared for SPICe staff on contacts with civil servants; and
• respect the anonymity of officials providing the information. They will not pass the names of officials to MSPs.

Scottish Executive officials who are approached should:

• ensure that any queries are handled by the Branch Head (or above) best placed to deal with them. If the relevant official is in any doubt about the propriety of offering particular information, he/she should consult his/her line manager. On particularly sensitive issues, officials should notify the relevant Minister's private office of the request;
• respond positively and timeously wherever possible, in keeping with the spirit of the Code of Practice on Access to Scottish Executive Information. They should be conscious that SPICe researchers are frequently operating to tight deadlines;
• set out, as clearly as possible, the factual information required. Officials must not be drawn into debate on the merits of policy options; and
• respect the rules of confidentiality to which SPICe operates. Where they are pursuing queries on behalf of an MSP, SPICe staff will not be at liberty to reveal the name of the MSP initiating the query. Civil servants should not press them to do so or refuse to assist them for this reason.

MSP Briefing Sessions

14. SPICe staff may also invite senior officials (at Head of Division or above) to contribute to MSP briefing sessions. These will be open to MSPs of all political complexions. These sessions provide useful opportunities to offer MSPs factual briefing on topical issues (although officials must avoid being drawn into debate). Officials are therefore generally encouraged to attend but they must seek clearance from the relevant Minister before agreeing to do so.

Building links

15. As part of the process of building links between the Parliament and Executive, SPICe researchers are happy to offer presentations to Divisions working in their areas. Janet Seaton, Head of SPICe, is also happy to offer general presentations about the work of SPICe to any groups of staff.

The current list of research specialists in SPICe is as follows:

Conclusion

16. This note has been prepared in liaison with SPICe staff, who will make complementary guidance available to SPICe staff.

Executive Secretariat
September 1999

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