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1. DECISION-MAKING IN THE SCOTTISH GOVERNMENT
Introduction
1.1 This Guide:
(a) Outlines the arrangements for supporting collective decision-making within the Scottish Government;
(b) Explains the role of the First Minister in the decision-making process; and
(c) Explains the role that the Cabinet Secretariat plays in supporting these arrangements.
It builds upon the guidance set out in the Scottish Ministerial Code.
Collective Responsibility
1.2 The Scottish Government operates on the basis of collective responsibility. This means that all decisions reached by the Scottish Ministers, individually or collectively, are binding on all members of the Government. It follows from this that every effort must normally be made to ensure that every Minister with an interest in an issue has a chance to have his or her say - in an appropriate forum or manner - before a decision is taken. It also means that the Scottish Ministers should have access to all the information held by the Government which they require in connection with their duties either as a Minister with specific functional responsibilities or as a member of a Government which accepts collective responsibility for the actions of all its members.
1.3 Some decisions taken by the Scottish Ministers - for example, decisions taken by them in a quasi-judicial capacity, such as decisions on planning appeals - may however require to be handled differently from other decisions in order to ensure that the process through which the decision is made does not provide grounds which might support an action challenging the decision in the courts. In some cases this may impose constraints on the extent to which the Minister to whom the function of taking the decision has been allocated can engage in collective discussion of the issue in question before the decision is made, although collective responsibility will apply to the decision once it is announced. Anyone who is in any doubt about how a particular decision should be handled should seek advice from the Scottish Government Legal Directorate ( SGLD).
1.4 The key objective of the arrangements for supporting collective decision-making within the Scottish Government is to enable Ministers to reach clear, defensible and consistent decisions on the matters which they need to settle collectively in order to achieve their political objectives and fulfil their statutory and legal obligations.
1.5 It is clearly important that all officials supporting Ministers play their part in enabling Ministers to work together effectively in the spirit of collective responsibility. The aim is to avoid a situation where Ministers engaged in collective decision-making do so on the basis of separate, and potentially conflicting, policy advice put forward by different Directorates. Officials can help by:
(a) Keeping relevant colleagues in other Directorates informed of business which overlaps Ministerial portfolios (including SPQs which touch upon the responsibilities of more than one Minister);
(b) At an appropriate point in the decision-making process, discussing and clearing with relevant colleagues advice and briefing to Ministers. Advice put to Ministers should be agreed collectively among the relevant officials and should where necessary spell out areas of tension between different policy objectives;
(c) Developing policy based on evidence, and ensuring Ministers are advised of both the positive and negative implications of decisions - so that resulting policies can be agreed on the basis of full information, and are sufficiently robust to withstand external challenge;
(d) Keeping the Cabinet Secretariat informed about issues which might require collective consideration by Ministers;
(e) Ensuring advice put forward to their portfolio Minister is routinely copied to any Minister with an interest, including any Minister whose constituency is particularly affected by the issue under consideration; and
(f) Seeking early advice from colleagues in the Scottish Government Legal Directorate and where necessary, the Law Officers, on the legal implications of policy proposals.
Arrangements for Supporting Collective Decision-Making
1.6 The remainder of this Guide provides more detailed guidance on arrangements for supporting collective decision-making within the Scottish Government, as follows:
- Section 2 outlines the practical implications of collective responsibility and the role of the First Minister in the decision-making process;
- Section 3 provides guidance on the range of mechanisms through which Ministers may arrive at the day-to-day decisions on policy matters by which they are collectively bound;
- Section 4 provides detailed guidance on the arrangements for securing collective consideration of those issues which require to be considered by the Cabinet, whether at a Cabinet meeting or in correspondence; and
- Section 5 explains the Cabinet Secretariat's role in helping Ministers collectively and the Office as a whole to manage the Government's business in a systematic way.
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