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Scottish Ministerial Code
8. MINISTERS AND THE PRESENTATION OF POLICY
Use of Official Facilities
8.1 Official facilities financed out of public funds can be used for Executive publicity and advertising, but may not be used for the dissemination of material which is essentially party political. The conventions governing the work of the Government Information and Communication Service (GICS) are set out more fully in a separate guidance note.
Co-ordination of the Presentation of Executive Policy
8.2 In order to ensure the effective presentation of Executive policy, the Press Office co-ordinates on behalf of Ministers a strategic communications process. This requires among other things that all interviews and media appearances, both print and broadcast are the subject of prior consultation with the Press Office and if appropriate the First Minister and Deputy First Minister and any Minister they may designate for this purpose. The presentational aspects of all major speeches, announcements and new policy initiatives should also be discussed with the Press Office in this way and the timing, format and content of all announcements cleared with them. The Press Office should keep a record of media contacts by both Ministers and officials.
Publication of Executive Policy Documents
8.3 Before publishing an Executive policy document, officials should consider whether it raises issues which require full collective Ministerial consideration, and, after consulting as necessary, should seek clearance in the appropriate way (see Section 2). In any event, all policy documents which contain a major statement of Executive policy should be copied to all Ministers before publication.
8.4 Except where Executive policy documents are of a routine character or of minor importance, the timing of their publication is governed by similar considerations to those applying to announcements made to the Parliament. Ministers are therefore asked to apply to policy documents the procedure laid down in paragraph 3.5(a) above.
8.5 Given the need to make statements of policy to Parliament before the media, there is no procedure whereby final proof copies of policy documents can be made available under embargo to accredited correspondents a short time before publication. If a Minister wishes to depart from this general principle the Press Office and through them the First Minister and whichever Minister he might designate for this purpose must be consulted.
Speeches or other Public Comment
8.6 Ministers cannot speak on public affairs for themselves alone. In all cases other than those described in paragraph 6.7 they speak as Ministers; and the principle of collective responsibility applies. They should ensure that any public comment they make is consistent with collective Executive policy and should not anticipate decisions not yet made public. Ministers should exercise special care in referring to subjects which are the responsibility of other Ministers. Any Minister who intends to make a speech or other public comment (even in a constituency capacity) which deals with, or makes observations which bear upon, matters which fall within another Minister's responsibilities should consult that Minister.
8.7 The First Minister and Deputy First Minister should always be consulted before any mention is made of matters which either affect the conduct of the Executive as a whole or are of a constitutional character. Ministers wishing to refer in a speech or any other public statement to proposals involving additional public expenditure or revenue costs should in all cases first consult the Minister for Finance and Public Services. Any proposal to speak on reserved matters, in a formal Ministerial capacity, should also be cleared with the First Minister and Deputy First Minister in advance.
8.8 Ministers should use official machinery for distributing texts of Ministerial speeches only when such speeches are made on official occasions and deal with Executive as distinct from Party policy. Speeches made in a party political context should be distributed through Party machinery.
8.9 Ministers should not accept payment for speeches of an official nature or which draw directly on their responsibilities or experience as Ministers, either on their own or the Executive's account, or with a view to donating the fee to charity.
News Conferences/Broadcasts
8.10 As part of their general presentational duties Ministers will be expected to speak to the news media, through television and radio interviews, through interviews with journalists and through news conferences. In all cases the advice of Press Office should be sought before any such events are arranged, e.g. on timing, content and handling. Support should be provided by Press Officers where this is practical. In all cases propriety, as set out in the GICS conventions (see para 8.1), should be maintained. Details on procedures for media handling will be provided by the Press Office. In certain circumstances, e.g. in relation to strategic communication objectives and in relation to sensitive issues, Press Officers may advise against Ministerial participation - in cases of doubt the First Minister, Deputy First Minister or any Minister they may designate for this purpose should be consulted before final decisions are taken.
8.11 Ministers invited to broadcast on radio or television in a private and not a Ministerial capacity will wish to consider whether such a broadcast would have a bearing on another Minister's area of official responsibility, in which case they should clear the matter with the colleague concerned before accepting the invitation. Ministers invited to take part in programmes to be broadcast outside the United Kingdom should inform the External Relations Division who will in turn inform the Foreign and Commonwealth Secretary and any other UK or Scottish Minister who may be concerned with the subject of the broadcast. Ministers invited to broadcast while on a visit overseas should seek the advice of Her Majesty's Representative in that country. Ministers will wish to use their discretion as to whether the nature of any such invitation at home or abroad is such that they should consult the First Minister and Deputy First Minister or any Minister he may designate for this purpose before agreeing to broadcast.
8.12 Ministers should not accept payment for official broadcasts on radio or television, either on their own or on the Executive's account, or with a view to donating the fee to charity.
Press Articles
8.13 Ministers may contribute occasionally to books, journals or newspapers (including a local newspaper in their constituency) for the purpose of supplementing other means of informing the public about work in their area of responsibility within the Executive, provided that publication will not be at variance with their obligations to Parliament and their duty to observe the principle of collective Ministerial responsibility. Any Minister wishing to practice regular journalism, including the contribution of weekly or fortnightly articles to local newspapers in their constituencies, must have the prior written approval of the First Minister and Deputy First Minister. In cases of doubt, and in all cases where a Minister is contemplating the contribution of an article going beyond the strict confines of his or her area of responsibility within the Scottish Executive, the First Minister should be consulted before work has begun and in any case before any commitment to publish is entered into. In all cases where an article contains material which falls within the area of responsibility of another Minister, that Minister must be consulted. Ministers should not accept payment for writings, either on their own or on the Executive's account, or with a view to donating the fee to charity.
8.14 Ministers are advised not to engage in controversy in the correspondence columns of the press. In line with standard policy on rebuttal, Ministers may, however, see advantage in correcting serious errors or mis-statements of fact which lead to false conclusions. Such letters should be brief and confined to the exposition of facts. The advice of Press Office should be sought before any such letter is sent in a Ministerial capacity.
Books
8.15 Ministers may not, while in office, write and publish a book on their Ministerial experience. Ministers may not receive payment for a book written before becoming a Minister if the decision to publish was taken afterwards.
Party and other Publications
8.16 The rule in paragraph 8.13 does not debar Ministers from contributing to the publications of the political organisations with which they are associated. However, in cases where an article contains material which falls within the area of responsibility of another Member of the Executive, that Minister should normally be consulted. Payment should not be accepted for articles which draw on Ministerial experience or which have been prepared with any assistance from public resources.
8.17 The above prohibition of the practice of journalism by Ministers does not extend to writings of a literary, sporting, artistic, musical, historical, scientific, philosophical or fictional character which do not draw on their Ministerial experience. While payment for the occasional piece is acceptable, regular payments are not.
8.18 Ministers are sometimes asked to give interviews to historians or to other persons engaged in academic research or in market opinion surveys, or to fill in questionnaires at the request of such people or organisations. Ministers should bear in mind the possibility that their views may be reported in a manner incompatible with their responsibilities and duties as Ministers. Careful consideration should therefore be given to such invitations before they are accepted; in cases of doubt, the First Minister and Deputy First Minister should be consulted.
Complaints
8.19 Ministers who wish to make a complaint against a journalist or a particular section of the media either to the Press Complaints Commission or to the Broadcasting Complaints Commission must have the authority of the First Minister and Deputy First Minister. The nature of the complaint and the case for referring it to the appropriate body should be set out in a minute to the First Minister and Deputy First Minister, copied to the Permanent Secretary, the Head of the Finance and Central Services Department and the Head of Press. Similarly, Ministers should always consult the Press Office and through them the First Minister and Deputy First Minister before making any oral complaint to a media organisation about their handling of a story.
Royal Commissions
8.20 The First Minister and Deputy First Minister should be consulted if any Minister is invited to address a Royal Commission or Committee of Inquiry.
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