Complaints to ‘malfunctioning’ watchdog will not be re-investigated, MSPs hear

Complaints about MSPs and councillors which were made to a “malfunctioning” ethical standards watchdog will not be reinvestigated, it has emerged.

Last year, auditors discovered 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, councillors and members of public bodies and then decides whether to investigate.

Commissioner Caroline Anderson, who was appointed in 2019, resigned earlier this year after a period of long-term leave.

Audit Scotland found that a high number of cases were not being investigated, and recommended that CESPLS complaints received between August 2020 and the end of the year should be reviewed by an external investigator.

On Thursday, representatives from the Scottish Parliament Corporate Body (SPCB) appeared at Holyrood’s Public Audit Committee to discuss improvements made in governance arrangements since the Audit Scotland report.

MSP Maggie Chapman was one of those who represented the cross-party SPCB, which oversees the commissioner’s office.

She said a new code of conduct was being introduced which would prevent failings like the ones identified by Audit Scotland.

The acting commissioner has been “working very hard” to rebuild trust and recruitment of a permanent replacement is ongoing, she said.

David McGill, the Scottish Parliament’s clerk and chief executive, told the committee there were “legal barriers to the reinvestigation of historic complaints”.

Committee convener Richard Leonard said: “I hear what’s being said, ‘we’ve taken legal advice and you can’t reopen cases and so on’.

“But, if I’m one of those people who’s lodged a complaint about the misconduct of a councillor, an MSP, a board member from an NHS board, or whatever, (that has been) lodged with an organisation which clearly was malfunctioning.

“Why is it so categorical that the door is closed to me to raise that with an organisation which is now being made fit for purpose?”

In 2021, 84% of cases lodged were not pursued by the commissioner, he said.

Ms Chapman said: “I understand where that question comes from and the frustration that some people may well feel.

“(The Scottish Parliament) Corporate Body doesn’t have the power to direct the commissioner to reopen and reinvestigate that, that is up to the commissioner to take that decision.

“And having sought legal advice, the acting commissioner has been very clear he cannot do that.”