Standards watchdog cases must be reinvestigated urgently, auditors tell MSPs

Complaints about MSPs and councillors need to be reinvestigated urgently, auditors have said, after serious failing were found in an organisation which reports on ethical standards in public life.

Last month, Audit Scotland released a report highlighting a “disturbing” number of failings at the Commissioner for Ethical Standards in Public Life in Scotland (CESPLS).

The organisation assesses complaints about the conduct of MSPs, local authority councillors and members of public bodies and then decides whether to investigate.

Officials from Audit Scotland and external auditors spoke to Holyrood’s Public Audit Committee on Thursday about their findings.

Auditor General Stephen Boyle said his report had recommended CESPLS investigations carried out between August 2020 and the end of the year should be reviewed by an external investigator.

Pat Kenny, director of audit and assurance at Deloitte, said the acting commissioner in charge of CESPLS is making good progress in improving its management arrangements.

However, he said there is still no agreement with the Scottish Parliament Corporate Body (SPCB) on funding for the external reinvestigation of cases from 2020.

He said: “The big outstanding recommendation where finance is required from the SPCB is the reinvestigation of the complaints process and an external re-examination of the complaints during that defined period.

“My understanding is that there’s still no agreement on the financing of that and that one is still outstanding.

“I think that is the one recommendation that needs to be addressed as a matter of urgency.”

Mr Kenny told the committee it appeared complaints had been dismissed at the eligibility stage which should not have been, while “informal” investigations were also carried out.

He said this had not been communicated to the Standards Commission – a separate public body – and relationships between the two organisations had broken down.

He said the early signs are that CESPLS is “making progress”, including on the development of a new investigations manual, but the organisation is being kept under review.