By-election guidance for civil servants: Rutherglen and Hamilton West

Civil servants should not undertake any activity which could call into question their political impartiality or give rise to the criticism that public resources are being used for party political purposes.

Application of this principle needs to be considered particularly carefully during election periods. 

A UK Parliament by-election for the Rutherglen and Hamilton West constituency will be held on 5 October 2023.  

This note contains guidance to civil servants working in the Scottish Government, its agencies and Non-Ministerial Offices and for staff and members of national devolved public bodies on their role and conduct during the by-election campaign. 

The period of sensitivity preceding by-elections is not fixed to any particular date, but the general convention is that particular care should be taken in the three weeks preceding the by-election – in this case from 14 September 2023. 

During the period of sensitivity, Scottish Government staff need to exercise particular care in respect of government activity that impacts on the Rutherglen and Hamilton West constituency. 

During a by-election campaign, the Scottish Parliament is not dissolved, and the business of the Scottish Government continues as usual. National (i.e. Scotland-wide) announcements and events, including regional announcements and events, should continue as normal. 

There is a strong presumption against government announcements or activity in or concerning the Rutherglen and Hamilton West constituency during the period of sensitivity leading up to the by-election. Staff will therefore need to be particularly alert to the possible impact that Scottish Government activity could have on the by-election campaign. Any proposals which may run counter to these principles will need to be discussed and cleared with Cabinet Secretariat. 

The following general principles should be observed by all staff (including Special Advisers, who are temporary civil servants): 

• particular care should be taken over official support, and the use of public resources, including publicity, for Ministerial and official announcements which could have a bearing on matters relevant to the by-election. In some cases, it may be better to defer an announcement until after the by-election, but this would need to be balanced carefully against any implication that deferral could itself influence the political outcome. Each case should be considered on its individual merits
• similar care and consideration should also be taken in relation to proposed visits
• there should be even-handedness in meeting information requests from the different political parties and campaigning groups
• officials should not be asked to provide new arguments for use in any by-election campaign debates
• in case of doubt about the application of these guidelines, staff should seek immediate advice from Cabinet Secretariat, who will refer to the Permanent Secretary as required

Special advisers

Detailed guidance on the restrictions on special advisers’ involvement in political activities is set out in the Code of conduct for Special Advisers working in the Scottish Government.

Further guidance

If you have any queries about activity during this period, please e-mail the Cabinet Secretariat inbox or contact Duncan Beamish on Teams.  Cabinet Secretariat will seek the advice of the Permanent Secretary, as required.

This guidance is also being placed in the Scottish Parliament Information Centre (SPICe).