Ethics watchdog has improved but still faces challenges, say auditors

The ethics body which investigates complaints about MSPs and councillors still has significant challenges to address despite making improvements, auditors have said.

Audit Scotland previously highlighted a “disturbing” number of failings at the Commissioner for Ethical Standards in Public Life in Scotland (CESPLS) – also known as the Commissioner’s Office.

The organisation assesses complaints regarding the conduct of MSPs, local authority councillors and public body members before deciding whether to investigate.

Scotland’s auditor general, Stephen Boyle, raised concern in late 2021 about a number of serious failings, including a lack of transparency and poor management of complaints.

Now, while improvements have been welcomed, the ethics standards organisation has been warned it must address significant backlogs which can see initial assessments of complaints taking up to nine months to conduct.

Mr Boyle said the number of outstanding complaints is currently higher than in 2020/21.

A previous organisation restructure, intended to deliver cost savings, has been reversed, with extra funding allocated to address workload pressures.

However, the Audit Scotland report also said the Commissioner’s Office has worked hard to re-establish the fundamentals needed to operate effectively, including an internal audit function, business plan and risk register.

Mr Boyle said: “Staff and the Commissioner’s Office have worked hard to address serious failings and it’s clear that improvements have been made.

“But the dual task of meeting core business demands, alongside addressing all the concerns raised in 2020/21, means pressures on the Commissioner’s Office will continue.

“It is concerning that the outstanding caseload increased considerably, with a knock-on effect on how quickly claims are assessed.

“Further funding received for additional staffing will help, but it will take time to hire and train the people needed. It is vital that backlogs are reduced to help restore public confidence.

“Improvement needs to be maintained and further progress made to address outstanding issues. I will continue to monitor this.”

Ian Bruce was appointed as the ethical standards commissioner earlier this month after serving as the acting commissioner since April 2021.

He said: “I am again grateful for the auditors’ work on the review and their recognition of the work we have done to rebuild the office in what have been very challenging circumstances.

“They had no new recommendations for us and this gives us a great deal of comfort about the progress we have made thus far.

“We continue to implement their prior recommendations, the majority of which are addressed in our strategic and business plans, alongside fulfilling our core statutory functions.

“I am grateful, also, to the Scottish Parliamentary Corporate Body and the Standards Commission for Scotland for their support since my appointment and their recognition of the positive work that we have been doing.

“I and the entire team are dedicated to working in accordance with our published plans and the values that we have adopted as an organisation.

“It is incumbent on me and on all of the staff to earn the trust of the public and the many stakeholder organisations that rely on our effective operation as an office. We remain absolutely committed to doing so.”