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Scottish Ministerial Code
7. MINISTERS' VISITS
Ministers' Visits Overseas
7.1 Where overseas visits are necessary, they should not normally be made while the Parliament is in session. Ministers should arrange such visits only in the recess or, where appropriate, at weekends, except where the visit is in connection with the business of the European Union or there are other compelling reasons of Executive business. In particular, overseas visits which are largely of a fact-finding kind should be reserved exclusively for the recess. Moreover, in planning overseas visits Ministers should take account of paragraph 2.15 above, i.e. that Cabinet meetings take precedence over all other business. Sufficient Ministers must also be available during recesses to ensure effective conduct of Executive business, and it may be necessary for this reason to restrict or reconsider absences abroad.
7.2 External Relations Division should be informed as soon as any possible overseas visit is contemplated (for example, whenever an invitation is received.) They will be responsible for consulting the Foreign and Commonwealth Office (FCO), and feeding back their views. External Relations Division should thereafter be kept fully involved in making arrangements for the visit. External Relations Division will maintain a central record of all contemplated Ministerial visits (as well as those which have taken place - see below).
7.3 Any Minister who wishes to be absent from the United Kingdom for any reason, other than official business at a European Union institution, must seek the First Minister's approval. Such approval must be obtained before any commitment, even of an informal nature, is made. In the case of official visits, the minute seeking approval should be copied to the Minister for Parliamentary Business, the Permanent Secretary, the Head of Finance and Central Services Department, Cabinet Secretariat and External Relations Division, and should include a statement of the objectives of the visit, its approximate cost and the names of the officials accompanying the Minister.
7.4 Ministers planning visits to EU councils or other European Union institution meetings should inform the First Minister in writing and should copy the minute to the Head of Finance and Central Services Department, Cabinet Secretariat and to External Relations Division.
7.5 The First Minister's prior written approval is required for any official visit overseas by a special adviser or where it is proposed that a Minister should be accompanied on any official visit overseas by his or her spouse or by an unpaid adviser.
7.6 Where the First Minister proposes to be absent from the United Kingdom for any reason other than official business at a European Union institution, he must first seek The Queen's permission to leave the country.
7.7 When making arrangements for official Ministerial visits overseas the diplomatic post concerned should be approached to give advice on the proposed programme, except in the case of visits being arranged by Scottish Development International. External Relations will provide contact details of the relevant diplomatic post.
7.8 Ministers should make it their personal responsibility to approve the size and composition of any Ministerial delegation for which they are responsible. They should give a lead in keeping down the size of parties of visitors, by keeping their own parties as small as possible.
7.9 Where a Minister has travelled overseas on official business (including visits to EU countries for the purpose of attending meetings of EU Councils or meetings at other EU institutions), the Minister should provide the First Minister with a brief note reiterating the purpose and nature of their visit, making an initial assessment of its value in terms of the original objectives, and recording any substantive discussions held with representatives of foreign or Commonwealth countries (see paragraph 7.11). In the case of European Union Council meetings, any report to the Scottish Parliament on the outcomes of the Council will normally be sufficient. This note should be copied to the Head of Finance and Central Services Department and to External Relations Division. The Minister's Private Secretary must also provide External Relations Division with details of the dates of the visit, countries visited, meetings held, and the names and designations of those who accompanied the Minister and the final costs of the visit including, all flights and travel and subsistence costs. External Relations Division will collate this information as a central record, ensuring that up-to-date information on such visits and their costs can be made available at short notice in the event of Ministers being asked to account for their travel.
Visits by Ministers from Foreign or Commonwealth Countries
7.10 Ministers should consult the First Minister before extending invitations to Ministers in other national or regional governments to pay official visits to Scotland. Relevant officials should also inform External Relations Division about all visits to Scotland which become known to them, whether private or official, by Ministers in other governments or by any other person of equivalent status, to enable External Relations Division to inform the FCO. It will be for the First Minister to decide whether to consult the FCO before inviting Ministers from foreign or Commonwealth countries to Scotland.
Relations with other Governments
7.11 Ministers should remember the importance of sending to the First Minister and Deputy First Minister a note of the salient points of any discussions which they may have with representatives of foreign or Commonwealth countries. This applies to informal discussions as well as those held in the course of official business. The note should be copied to External Relations Division which will ensure that a copy is passed to the FCO for information. Ministers should note that this equally applies if such contacts are made while on holiday in the country concerned (and if Ministers intend making such contact, they must seek the views of the First Minister and Deputy First Minister before travelling).
7.12 Whether at home or overseas, Ministers should not overlook the possible foreign policy implications of such day-to-day matters as offering hospitality to overseas political figures visiting this country, accepting social commitments of a similar kind, or giving public support for petitions or open letters, etc. Such actions may be construed as significant by foreign observers, even where the nature of the contact is informal. In any case of doubt Ministers should ask External Relations Division to consult the FCO before they make any commitment. Similarly, the FCO should be consulted, via External Relations Division, whenever a Minister, in his or her formal Ministerial capacity, intends to make a speech touching on matters affecting foreign and commonwealth affairs.
Ministers Recalled from Abroad
7.13 If a Minister is abroad with permission and is called home for Ministerial or Parliamentary reasons - including to vote - the cost of the extra journey back and forth may be met from public funds.
Ministers' Visits in the United Kingdom
7.14 Ministers who are planning official visits in England, Wales or Northern Ireland which would involve a public engagement should inform the First Minister. In the case of visits in England, the appropriate Secretary of State should be informed; as should the First Minister in the case of Wales and the First Minister and Deputy First Minister in the case of Northern Ireland. Ministers should also inform the Home Secretary about any planned visits to the Channel Islands or the Isle of Man. In addition, Ministers wishing to visit a UK Government establishment in Scotland or elsewhere not sponsored by the Executive (e.g. the barracks of a unit of the Armed Forces) should advise the sponsor Department in advance.
7.15 A Minister preparing to make a visit within Scotland should inform the Members for the relevant Scottish and UK Parliamentary constituencies and, in the case of MSPs, the regional list members for the relevant area. The same principle applies in the case of visits to other parts of the United Kingdom. Special care should be taken not to overlook this courtesy. Ministers cannot, of course, invite Members to accompany them to functions organised by a third party, but adequate notice to the relevant MPs, MSPs and Members of the Welsh Assembly and Northern Ireland Assembly will ensure that they have an opportunity to request invitations from local organisers to functions of an official nature, should they wish to attend. It will also enable them to make suggestions to the Minister about the inclusion in his or her itinerary of places which it would be helpful to visit.
Travel by Ministers
7.16 In planning their official travel Ministers should adhere to the guiding principles set out below:
Propriety: Official transport should not normally be used for travel arrangements arising from Party or private business, except where this is justified on security grounds.
Efficient Use of Resources: The availability of some services such as official cars has to be limited, and Ministers should bear in mind the need to use them efficiently.
Cost Consciousness: The cost of alternative arrangements should be considered before decisions involving substantial costs are made, especially if, exceptionally, special flights are being considered as an alternative to scheduled services.
Security: Ministers should keep security risks in mind at all times, particularly when travelling by car.
Public Accountability
7.17 Ministers should be satisfied that their travel arrangements could be defended in public.
7.18 In using official cars and travelling by rail or air, Ministers must always make efficient and cost-effective travel arrangements. When Ministers travel on official business, their travel expenses should normally be met from public funds. When any expenses are not met in this way, Ministers will wish to ensure that no undue obligation is involved.
7.19 Accepting offers of free travel can be misinterpreted. However, an offer to a Minister on official business to accompany a representative of a host foreign government may be acceptable, provided it creates no undue obligation, and if it offers a saving of official time or provides an opportunity to conduct official business. Offers of transport from other organisations should not normally be accepted, except where provided as an integral part of a tour of inspection. In exceptional cases such an offer may be accepted if this would represent a saving of official time and there is no risk of an undue obligation being created. In these cases, if the journey is of any significant distance, the organisation concerned should be reimbursed from the public purse to the value of a scheduled business class ticket. In any cases of doubt, the First Minister should be consulted.
Air Miles Etc
7.20 Air miles and other benefits earned through travel paid for from public funds, other than where they are de minimis (for example, access to special departure lounges or booking arrangements which go with membership of regular flier clubs), should be used only for official purposes or else foregone. However, if it is impracticable to use the benefits for official purposes, there is no objection to Ministers donating them to charity if this is permissible under the terms of the relevant scheme and the charity is one chosen by the scheme operator.
Travelling Expenses of Spouses
7.21 The expenses of a Minister's spouse when accompanying the Minister on the latter's official duties may occasionally be paid from public funds, provided that it is clearly in the public interest that he or she should accompany the Minister. In the case of official visits overseas, the First Minister's prior written approval must be obtained on each occasion. For official visits within the United Kingdom, the First Minister's prior approval must be obtained if the proposed arrangements involve any expenditure additional to that which would be incurred if the Minister were unaccompanied. The First Minister's prior approval is also required for any arrangement whereby a Minister's spouse may regularly travel at public expense within the United Kingdom.
Travelling Expenses of Special Advisers and Unpaid Advisers
7.22 If necessary, a Minister may take a special adviser on an overseas visit at the public expense provided that it is clearly in the public interest that he or she should accompany the Minister. The First Minister's prior written approval must be obtained on each occasion. Where an unpaid adviser whose salary is not met from public funds accompanies a Minister on official business - whether overseas or within the UK - any additional expenditure which may be incurred should not normally fall on public funds.
Offers of Hospitality, Gifts, Etc
7.23 Detailed rules on the acceptance of gifts, services and hospitality can be found at paragraphs 9.20-9.23. While these paragraphs make clear that no Minister or member of his or her family should accept a gift from anyone which would, or might appear to, place him or her under an obligation (see paragraph 9.20), there may be difficulty in refusing a gift from a foreign government (or governmental organisation) without the risk of apparent discourtesy. The acceptance of a gift, or the knowledge that one will be offered, may also, in some countries and in some circumstances, entail the offer of a gift in exchange. It may also on occasion be appropriate for Ministers on visits overseas to offer modest and appropriate gifts to representatives of foreign or Commonwealth countries, where no return gift is expected. In all such instances, advice should wherever possible be sought from Promotion of Scotland Division, who maintain guidance on these issues in association with the Permanent Secretary's office.
7.24 It is not normally appropriate for Ministers travelling overseas to have their accommodation arranged and paid for by the host government. If such accommodation is offered, guidance should be sought from External Relations Division.
Contact with Commercial Companies
7.25 Regardless of their responsibilities, all Ministers will come into contact with private sector businesses from time to time. Invitations to functions and events are common place and are part and parcel of Ministerial life. It is for Ministers themselves to judge whether to accept any invitation extended to them but they should satisfy themselves that doing so does not place them under any real or perceived obligation nor risks the commercial position of the Executive. Ministers will wish to be guided in reaching their decision by a number of principles.
7.26 Ministers are free to enjoy normal hospitality provided by private sector companies in the course of their duties. Detailed guidance on what is regarded as reasonable is set out in paragraphs 7.23 and 9.20-9.23. However, Ministers should consider very carefully any repeated or serial hospitality from an individual or a company. Ministers need to be sensitive to the risk that private sector interests might occasionally attempt to use occasions to exercise improper influence and lobby the Minister.
7.27 Ministers should also avoid promoting an individual company's products or services by association. They should also bear in mind public sector procurement procedures and resist any attempt to influence them in favour of particular products or services. If such attempts are experienced, Ministers should report these to the Director of Procurement.
7.28 Formal invitations which are sent to Ministers are usually subject to a process which allows relevant officials in the Scottish Executive to brief the Minister on the appropriateness of accepting the invitation, including matters such as company performance, commercial interests the company might have with the Executive etc. Informal approaches should be treated with caution and advice sought from the Executive if the Minister is in any doubt. This should normally be done through the Private Office contacting the relevant policy division.
7.29 Ministers should have regard to section 7 of the Code of Conduct for MSPs which provides guidance on the relationship between Lobbyists and MSPs.
Foreign Decorations
7.30 Although the question rarely arises, Ministers should not, while holding office, accept decorations from foreign countries.
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