JOHN Swinney has told MSPs that he is overhauling his new harassment complaints procedure to give it “greater transparency” after concerns that findings against ministers are being withheld from the public.
Last week, Nicola Sturgeon suggested that changes would be made to the new process, launched in February, after concerns that GDPR rules were preventing the outcome of claims against ministers to be made public.
The changes were designed to offer more protection to civil servants complaining about their bosses, with investigations undertaken by outside experts not fellow officials.
After secrecy concerns were raised at FMQs last week, Ms Sturgeon said she was “not comfortable” with that aspect, and she had taken advice to see if findings could be published in spite of data protection laws.
The First Minister said the Scottish ministerial code and complaints process would now be changed to ensure findings could be made public, but only those related to future cases.
The changes will not apply retrospectively to past investigations, including the results of bullying probes into former SNP cabinet secretary Fergus Ewing.
The Deputy First Minister, responsible for drawing up the new procedure following the Alex Salmond affair, has now written to Holyrood’s Finance and Public Administration Committee, setting out the changes.
In a letter to committee convener Kenneth Gibson, Mr Swinney insisted that “the issue of transparency regarding the subject of complaints against Ministers must be carefully balanced against considerations of privacy and confidentiality”.
But Mr Swinney has fallen short of mentioning how GDPR barriers are to be overcome.
He said: “I have asked my officials to bring forward proposals which will look at greater transparency in the process for future complaints made which have been completed, in order to better balance the public interest with considerations of privacy, confidentiality and confidence in the process.
“Our intention is to make these changes relevant to the subject of the complaint, not the complainer where confidentiality would be retained.
“I intend to propose that the First Minister make changes to the ministerial xode, along with minor revisions to the procedure.
“I do not intend to suggest any further changes to the wider procedure which was the subject of widespread engagement and scrutiny by your committee.”
Mr Swinney said officials have been asked to meet with independent advisers on the ministerial code and is due to update MSPs on the progress after the summer recess.
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