A New Ethical Framework for Local Government in Scotland

Appendix 1 to Annex B - Summary of Restrictions on Political Activities of Civil Servants

Definition of “political activities”

1 The political activities of civil servants subject to restriction are defined as: At a national level: holding, in a party political organisation, office which impinges wholly or mainly on party politics in the field of Parliament or the European Parliament; speaking in public on matters of national political controversy; expressing views on such matters in letters to the Press, or in books, articles or leaflets; being announced as a candidate (or prospective candidate) for Parliament or the European Parliament or on behalf of a political party. At a local level: candidature for, or co-option to, local authorities; holding office, within a party political organisation, impinging wholly or mainly on party politics in the local field; speaking in public on matters of local political controversy; expressing views on such matters in letters to the Press, or in books, articles or leaflets; and canvassing on behalf of candidates for election to local authorities.

Application of restrictions to individual civil servants

2 In the civil service, for the purpose of determining what, if any, political restrictions should apply, staff are placed in three categories: “Politically free”: This category includes all industrial and non-office staff. Such staff are free to take part in all political activities although, as with all civil servants, they must not do so when on duty, in uniform or on official premises. “Politically restricted”: This category includes staff at Grade 7 and above plus a small number of “fast-stream” trainees. Such staff are subject to a blanket ban against political activity at national level. However, they may seek permission from their employing Departments to take part in local political activities. Guidance to Departments requires that permission should only be refused where civil servants are employed in sensitive posts, essentially those involved in giving advice or in acting in a representational capacity where there should be no room for doubt about the post holder’s political impartiality. The intermediate category: This category includes office staff below Grade 7. They may, with the permission of their employing Department, take part in both national and local politics. Permission would only be refused for staff in sensitive posts (see above). Departments may also issue mandates or blanket permissions covering certain staff in certain grades in certain areas of a Department. Within the civil service all office staff must first have the permission of their Department to take part in political activities; it is administratively convenient to provide for blanket permissions for some staff because it is accepted that many of them are not in sensitive posts.