Cairngorms National Park Authority Board Member Appointments: FOI release

Information requested

You asked in relation to the Cairngorms National Park Authority Board Member Appointments advertised from 15 February 2023 with a closing date for applications of 7 March 2023: 

1. How many applicants had other involvement in public life? 

2. How many applicants that had other involvement in public life got through to interview? 

3. How many applicants had other potential conflict of interests? 

4. How many applicants that had other potential conflict of interests got through to interview? 

5. How can it be that these conflicts will only be explored at interview? Surely this has to be resolved before interview? 

6. Or are you saying ‘we will find a solution, regardless of the actual conflict’ 

7. Total number of applicants? 

8. Total number of applicants through to interview? 

9. Total number of applicants who knew a member of the panel? 

10. Total number of applicants who knew a member of the panel that got through to interview? 

11. Why were names made known to panel? 

12. Should I assume those who knew a member of the panel had discussed the role with the panel member? Or are there rules in place to stop this happening? 

13. What is the role of the ethical standards commissioner? 

14. Did any applicant know the ethical standards commissioner? 

15. I think there is a conflict for all board members but this is especially true for the ethical standards commissioner?. How can they possibly be impartial? 

16. Is the discussion minuted? 

17. What are methods that are fair and open – please be more specific? 

Response

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under section 38(1)(a) personal data and section 38(1)(b) personal data of a third party FOISA applies to that information. The reasons why these exemptions apply are explained in the Annex to this letter. 

The answer to your questions are: 

1. How many applicants had other involvement in public life? 
   As part of the application process applications are asked to complete pre-screening questions. Two of these questions relates to current or previous public appointments held. 
   Do you currently hold any Ministerial Public appointments? 
   Section 38(1)(a) personal data and section 38(1)(b) personal data of a third party applies 
   Have you previously held a public appointment? 13 people answered yes. 

2. How many applicants that had other involvement in public life got through to interview?
   Section 38(1)(a) personal data and section 38(1)(b) personal data of a third party applies. 

3. How many applicants had other potential conflict of interests?
   18 applicants declared having a potential conflict of interest. 

4. How many applicants that had other potential conflict of interests got through to interview?
   Section 38(1)(a) personal data and section 38(1)(b) personal data of a third party applies. 

5. How can it be that these conflicts will only be explored at interview? Surely this has to be resolved before interview? 
   Conflicts of interest are part of the ‘fit and proper person’ tests. Managing the fit and proper test is required in accordance with the Ethical Standards Commissioner’s Code of Practice for Ministerial Appointments to Public Bodies in Scotland. The information gathered at each stage of the process is intended to be proportionate to the stage of the assessment. When a conflict of interest is raised, this has to be explored in order to determine if it is a manageable conflict or not. 

6. Or are you saying ‘we will find a solution, regardless of the actual conflict’ 
   As part of the fit and proper questions candidates are asked to highlight any conflicts of interest they may have if appointed. The panel will consider this, before having an informed discussion with the candidates attending interview in order for the panel to take an informed view as to whether the conflict of interest can be managed or not. 

7. Total number of applicants?
   61 applications were received. 

8. Total number of applicants through to interview?
   18 applicants were shortlisted for interview. 

9. Total number of applicants who knew a member of the panel?
   8 applicants declared knowing a panel member. 

10. Total number of applicants who knew a member of the panel that got through to interview?
    6 applicants who were invited to interview declared knowing a panel member. 

11. Why were names made known to panel? 
    The selection panel were provided with applicants’ names. This is in order that panel members can declare whether they know the applicant and the nature of this association. 

12. Should I assume those who knew a member of the panel had discussed the role with the panel member? Or are there rules in place to stop this happening? 
    Candidates are asked to declare knowledge of any selection panel members in the application form. The selection panel is also asked to declare knowledge of any candidates. If a selection panel member knows, or knows of, one or more of the candidates, they will inform their fellow panel members and explain the nature of the relationship or knowledge. If the nature of any relationship between a selection panel member and a candidate means it may be inappropriate for the panel member to assess the candidate, the panel chair will consult the Ethical Standards Commissioner and agree appropriate action. 

13. What is the role of the ethical standards commissioner? 
    The Ethical Standards Commissioner regulates and monitors the process used to appoint board members for many public bodies. Scottish Ministers make these appointments and the selection process is administered by the Scottish Government’s Public Appointments Team. Further information on the role of the Ethical Standards Commissioner can be found at: https://www.ethicalstandards.org.uk/public-appointments 

14. Did any applicant know the ethical standards commissioner? 
    While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold this information requested. The reason why we do not have this information is explained in the Annex to this letter. 

15. I think there is a conflict for all board members but this is especially true for the ethical standards commissioner?. How can they possibly be impartial? 
    The Ethical Standards Commissioner provides independent scrutiny to the regulated public appointments process. The Ethical Standards Commissioner does not sit on individual selection panels but does allocate a representative to oversee all or part of any appointments process. The representative’s role is to promote compliance with the Code of Practice for Ministerial Appointments to Public Bodies in Scotland by providing advice and guidance on applying the Code’s provisions and on good practice in recruitment and selection. The chair of the selection panel is responsible for all decisions in the appointment round. 

16. Is the discussion minuted? 
    The shortlisting panel decisions are noted. 

17. What are methods that are fair and open – please be more specific? 
    The regulated public appointments process aims to ensure that Ministers are clear about the skills, knowledge and experience required for the role, that the panel translate these requirements into ‘criteria for appointment’ that people who apply for these roles understand exactly what the criteria are, how those criteria will be assessed, and what key dates of the round are. 

The assessment process aims to treat all applicants fairly, everyone follows the same instructions, has the same questions, and the panel apply consistent assessment. Reasonable adjustments can be made. Ultimately the people who demonstrate that they meet the criteria most closely are considered the most meritorious and recommended to the Minister. 

ANNEX 

REASONS FOR NOT PROVIDING INFORMATION 

An Exemption Applies 

An exemption under section 38(1)(a) and section 38(1)(b) of FOISA applies to the information you have requested because it is personal data and personal data the disclosure of which would contravene data protection principles (address, protected characteristics). Disclosing this would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 

This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption. 

The Scottish Government does not have the information 

The Scottish Government does not have the information you have asked for because this question was not asked of applicants. 

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. 

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.