Select Committee on Public Administration Second Report


MEMORANDUM 14

Submitted by the Scotland Office

Your wrote to Ian Gordon on 9 June seeking reasons for the withholding of information to a number of Parliamentary Questions in Session 1998-99, a list of which you provided. My apologies for not meeting your deadline but as I believe you were informed, we needed to consult with the Scottish Executive who, as the Scottish Office, previously had responsibility for the responses given.

I enclose a note setting out the question and response to the PQs you highlighted along with a reason for the action taken. In many cases the Code of Practice comes into play and in other cases the explanation is the convention of not specifically naming officials attending meetings. You will, however, note that in 2 cases it is considered that the reply constitutes a 'blocking answer'.

Listed below are explanations of the reasons for withholding information in response to the Parliamentary Questions listed by the Select Committee.

PQ Nos 61271 and 61282

Miss Kirkbride:
To ask the Secretary of State for Scotland how many special advisers are employed in his Department; and what is the total cost to public funds in the current financial year. [61271]

Mr Grieve: To ask the Secretary of State for Scotland what was the total cost to public funds of employing special advisers in his Department in the last 12 months for which figures are available. [61282]

Mr Dewar: There are three Special Advisers employed in my Department. Their salaries are negotiated individually and are confidential within the three-band range announced to the House by my right hon. Friend the Minister for the Cabinet Office on 16 November 1998, Official Report, column 354-55.

Reason: Details of the Special Advisers' salaries are exempted from disclosure under exemption 12, 'Privacy of an Individual', of the Code of Practice on Access to Government Information. An individual would require to give their consent before information relating to their financial affairs could be disclosed. Parliamentary Question No 60340, which is referred to in the answer, had previously provided details of the new pay structure for Special Advisers and a breakdown of the number of Special Advisers per pay band.

PQ No 62847

Mr Robert Jackson: To ask the Secretary of State for Scotland if he will list the special advisers in his Department and the issues on which they specialise; and to what level they have been security cleared.

Mr Dewar: My Department employs 3 Special Advisers, Ms Wendy Alexander, Mr Murray Elder and Mr David Whitton. Ms Alexander advises specifically on health, the arts, social work, child care, housing and European affairs. Mr Elder advises on issues relating to agriculture, the environment, forestry and fisheries, home affairs, devolution, local government and transport matters. In addition, both Ms Alexander and Mr Elder deal with matters relating to business, industry and education. Mr David Whitton has particular responsibility for the presentation of policy and relations with the media. Special Advisers are subject to the usual security clearance arrangements. It is not appropriate to give details about particular individuals' level of security clearance.

Reason: Details of the Special Advisers' security clearance are exempted under exemption 1, 'Defence, Security and International Relations', of the Code of Practice on Access to Government Information. This exemption includes the protection of individuals who may be at risk, and the protection of information whose disclosure would prejudice the operations, sources and methods of the security and intelligence services.

PQ No 84325

Mr Matthew Taylor:
To ask the Secretary of State for Scotland on what dates special advisers from his Department have travelled in an official capacity to the United States since 2 May 1997; what were the names of the special advisers; and if they accompanied ministers.

Dr Reid [holding answer 21 May 1999]: One special adviser travelled to the United States with my predecessor on 15-19 March 1999. In accordance with convention, the name of the special adviser has not been given.

Reason: The convention not to name officials providing support to Ministers in meetings, for example with other parties abroad, is based on the principle that Ministers are responsible and accountable for the decisions and actions of their Departments, including the approach taken in such meetings; and, therefore, that naming officials taking part in meetings, when those officials are not able individually to account for their role in such situations, places those officials in an unfair position.
PQ No 90403

Mr Matthew Taylor:
To ask the Secretary of State for Scotland how many times ministers in his Department have held meetings with ministers and officials of the Irish Government since 1 January 1998, indicating the dates and locations of each meeting, the ministers involved, and the names of the Irish ministers and officials at each meeting.

Dr Reid: My hon. Friend the Member for Western Isles (Mr MacDonald) held an ESDP bilateral in Dublin with Dan Wallace, Minister of State at the Irish Department of the Environment on 12 March 1998. In accordance with convention the names of officials in attendance are not given.

Reason: The convention not to name officials providing support to Ministers in meetings, for example with Ministers of other administrations, is based on the principle that Ministers are responsible and accountable for the decisions and actions of their Departments, including the approach taken in such meetings; and, therefore, that naming officials taking part in meetings, when those officials are not able individually to account for their role in such situations, places those officials in an unfair position.

PQ No 65794

Ms Roseanna Cunningham:
To ask the Secretary of State for Scotland on how many occasions the Director of the Public Defence Solicitors' Office has met the Chief Executive of the Scottish Legal Aid board since his appointment; if those meetings were minuted; and if he will place a copy of any minutes or notes from the meetings in the Library.

Mr McLeish: Mr Alistair Watson of the Public Defence Solicitors' Office took up post on 1 April 1998. He reports to the Scottish Legal Aid Board through the Chief Executive only on administrative matters. On all other matters, including casework, the PDSO operates independently of the Board. Since 1 April 1998, the Director and Chief Executive have had a number of meetings on administrative matters. The exact number has not been recorded. Notes of these meetings are internal documents of the Board and are confidential.

Reason: The minutes are the property of the Scottish Legal Aid Board and were not in the possession of The Scottish Office. The Code of Practice on Access to Government Information did not require The Scottish Office to acquire information which it did not possess.

PQ No 68413

Mr Maude:
To ask the Secretary of State for Scotland what additional legislation, not currently before Parliament, was assumed in the production of his Department's spending allocation for 1999-2000 to 2000-2002 in the Comprehensive Spending Review.

Mr Dewar: There is a long-standing convention that legislative proposals for each year are not announced before the Queen's Speech at the start of the relevant Session. From 1 July 1999 most Scottish legislation will be a matter for the Scottish Parliament.

Reason: We do not consider that this is a blocking answer. The first part of the answer is factual and in addition exemption 10 of the Code of Practice on Access to Government Information exempts from disclosure information which is soon to be provided in a planned announcement. The second part of the answer means that the spending allocation made in the Comprehensive Spending Review for the years in question was necessarily provisional. The Scottish Parliament could introduce legislation that would affect those years and its procedures for budget scrutiny could also alter spending allocations.

PQ No 69735

Mr Gorrie:
To ask the Secretary of State for Scotland what proposals he has to phase out visiting specialist teachers in primary schools and replace them with consultants.

Mrs Liddell: We have not such proposals. The deployment of teachers in primary schools is a matter for education authorities. As from 1 July this will be a matter for the Scottish Parliament.

Reason: We do not consider that this was a "blocking answer". The answer provided the information requested by stating that the Secretary of State had no proposals to phase out visiting specialist teachers in primary schools.

12 July 2000


 
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