1. This note provides general guidance on the provision of information to MSPs, and particularly on how officials should deal with direct contacts (whether by telephone, mail, e-mail or in person) with MSPs or their personal staff.
2. In any contacts with MSPs 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 civil servants 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.
Access to Information
3. The Scottish Ministers have emphasised the importance they attach to extending access to official information and responding positively wherever appropriate to requests for such information. In the interests of open government, the Scottish Executive is committed to making factual information as widely available as possible. The Code of Practice on Access to Scottish Executive Information sets out policy in this area. Paragraph 3 of Part I of the Code sets out the type of information which the Scottish Executive is committed to releasing. There are a number of ways in which the Executive will channel information to MSPs, including written parliamentary answers, publications, the Scottish Executive web site and briefing sessions. However, provision of information to the Scottish Parliament Information Centre offers a quick and straightforward means of ensuring that MSPs have access to Executive information and publications. Procedures for this are set out in the separate Guidance on Contacts with the Scottish Parliament Information Centre ("SPICe").
4. 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. The committee liaison officer (normally the Departmental PS) should discuss with the Clerk the number of copies required and ensure that this information is passed on to the relevant divisions. If it is not possible to alert the Clerk in advance then sufficient copies should be provided to ensure one copy for each member and a copy for the Clerk.
Direct Approaches by MSPs
5. Direct approaches to civil servants are expected to be the exception, rather than the rule. Civil Servants provide information with the agreement of Ministers, and requests for information by MSPs will usually be made to Ministers. There may, however, be circumstances in which an MSP is seeking factual information urgently on behalf of a constituent or the wider community, but has not been able to obtain it from SPICe, and may therefore contact a civil servant direct. Where direct contacts with MSPs or their personal staff do take place, the following principles should guide the actions of civil servants:
Dealing with MSP requests for information
6. Written requests (ie mail, e-mail) should generally be referred to the relevant private office - ie they should be "Green Foldered" by the Central Correspondence Unit or Departmental PS and put up to the Minister’s Office with a draft reply. There may be circumstances where it would be appropriate for an official to respond directly to a request from an MSP for factual information (see, in particular, the reference to Agency Chief Executives in paragraph 10). However, information should not normally be given in this way without the approval of the Head of Division and the relevant Minister’s Private Office.
7. The responses to oral approaches from MSPs or their staff will differ according to whether they are seeking:
factual, non-classified information which can be provided at reasonable cost (ie the kind of information that can be provided to any member of the public in accordance with the Code of Practice on Access to Scottish Executive Information). If the relevant Head of Division agrees (having liaised, where he/she feels it necessary with Private Office), officials can ‘phone back or write with the information requested; or
policy-sensitive information (eg assessment of different policy options). The MSP should be invited to put his/her request in writing to the relevant Minister.
MSP Briefing Sessions
8. The separate guidance on contacts with SPICe encourages senior staff to contribute to MSP oral briefing sessions organised by SPICe provided that they have specific Ministerial clearance to do so. Such briefings are usually given to committees or groups of MSPs or are offered on the same basis to all parties. As such, they can provide useful opportunities to offer MSPs factual briefing on topical issues. It is for Ministers to decide whether to attend such briefings.
9. It is, however, important to be clear about the nature of such briefings. As indicated in paragraph 2 above it would be a clear breach of the Civil Service Code were civil servants to help Opposition parties in the development of their policies. Briefings therefore have to be purely factual and cannot cover issues of policy formation. Officials should not accept any invitations to offer private briefings.
Position of Agencies and Procurators Fiscal
10. Procurators Fiscal and staff of Scottish Executive agencies are bound by the same requirement to provide only factual information to MSPs, avoiding any attempt to be drawn into debate on Executive policy. However, their relations with MSPs may vary from those described above. For example, Ministers have agreed that Agency Chief Executives may reply direct to MSP correspondence on operational matters. Ministers will continue to reply to all correspondence on policy matters. Departmental guidance will be produced on the contact which Procurators Fiscal may have with MSPs in the context of local prosecution.
Contacts
11. The following can advise on particular matters:
Propriety: Dougie Atkinson (Personnel), ext 43812, or Elva Langwill (Personnel), ext 43871.
Ministerial or official correspondence: Private Offices, the CCU, or Keith Connal (DCD), ext 44605.
Openness and Freedom of Information: Keith Connal (DCD), ext 44605
General policy on liaison with the Scottish Parliament: David Spence (Executive Secretariat), ext 41433.
Executive Secretariat
September 1999
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