Public Appointment extension to terms of office queries: FOI release

Information requested

1. Given the guidance on the Public Appointments website in relation to the maximum term of office under a Public Appointment, I am writing to ask under Freedom of Information legislation, under what criteria are extensions to this rule made?

2. In relation to the Public Body, Children’s Hearings Scotland, how many appointments have exceeded the maximum 8-year term, for how long, when did this occur, for what reason was the extension granted, and what criteria was used to enable this extension beyond the maximum term of office?

Response

1. The criteria under which extensions are made is already reasonably accessible to you in the Ethical Standards Commissioner’s Code of Practice for Ministerial Appointments to Public Bodies in Scotland (“the Code”) at Code of Practice for Ministerial Appointments to Public Bodies in Scotland – March 2022 version | Ethical Standards Commissioner

Under Section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. However, for completeness, I have included this information below, taken from the Code at Section H – Exceptional Circumstances:

H1 The provisions of the Code may require to be varied to take account of exceptional circumstances.
Without intending to be comprehensive, exceptional circumstances will include the following –
i. significant local, national or international events that require a level of agility and flexibility in order to maintain board stability and resilience
ii. where a chair, vice chair or member has died, is indisposed through ill health or is otherwise unable or unsuitable to hold office, or where a member has resigned unexpectedly
iii. where a new appointment has to be made to fill the resulting vacancy as a matter of urgency
iv. where the constitution of the public body or its board is under review and likely to be changed in the near future and, if necessary, existing members should have their period of office extended beyond the 8 year maximum for continuity purposes
v. where a change to panel membership is required and the circumstances are avoidable but not covered by the provisions set out at A10 of this Code.

H2 In exceptional circumstances, the Scottish Ministers may make appropriate appointments (including reappointments or extensions), with the agreement of the Commissioner, to ensure the effective continuing governance of boards. Other Code provisions may be varied with the agreement of the Commissioner, who will respond favourably to reasonable and evidence-based requests as long as the principles of the Code are not compromised.

2. A record of historic appointments, and extensions of appointments, to the board of Children’s Hearings Scotland is not held centrally.

Of the records we do hold, the only extension granted beyond 8 years has been for one member. The information regarding the length and start-date are accessible to you here: Public appointment: Member appointment extended on the Children’s Hearings Scotland Board - gov.scot

Where the legislation of the governing the body allows, and the Ethical Standards Commissioner and appointing Minister are content, an extension of appointment is granted in the event of the above-noted “exceptional circumstances”. This was the case for the current extension of appointment, where the ‘exceptional circumstance’ was a delay in the appointment process for new board members as a result of changes required in order to meet new legislative requirements.

About FOI

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