SB(08)14th Conclusions
MEETING OF THE SCOTTISH GOVERNMENT STRATEGIC BOARD: HELD ON THURSDAY, 30 OCTOBER 2008
Present
Sir John Elvidge KCB (chair)
Robert Gordon CB
Andrew Goudie
Stella Manzie
Philip Rycroft
Alyson Stafford
Kevin Woods
Bill Bound
Heather Logan
Apologies: Richard Wakeford and David Fisher
In Attendance
Angiolina Foster
Sarah Davidson
Elinor Mitchell
Andrew Watson
Katie Wood
Norman McFadyen (For Agenda Items 1 - 5 only)
Murray Sinclair (For Agenda Item 2 only)
Paul Johnston (For Agenda Item 2 only)
Mike Neilson (For Agenda Item 4 only)
Linda Sinclair (For Agenda Item 4 only)
Malcolm Reed (For Agenda Item 6 only)
John Howison (For Agenda Item 6 only)
Maureen Bruce (For Agenda Item 7 only)
John Mason (For Agenda Item 9 only)
Elizabeth Baird (For Agenda Item 9 only)
Philip Wright (For Agenda Item 9 only)
Paul van Heyningen (For Agenda Item 9 only)
Agenda Item 1: Minutes and Matters Arising
1. The Board agreed the minutes of the meetings held on 18 and 25 September.
Agenda Item 2: Quantum of Litigation
2. Murray Sinclair and Paul Johnston attended for this item and provided an overview of recent legal challenges across the public sector, focusing on those which could have a broad impact on the delivery of public services in the longer term.
Part of the record of discussion under this agenda item is considered exempt from publication at this time and has been redacted.
3. Five propositions to minimise the risk of litigation having a broad impact on the delivery and cost of public services were identified: regularly reviewing and managing key areas of risk; formulating policy and adjusting service delivery in light of developing law and in advance of litigation; training and advice to those making policy decisions with an impact on individual rights; robust legislative competence analysis; and ensuring expert handling of litigation, where it arose.
4. Points made in discussion:
Part of the record of discussion under this agenda item is considered exempt from publication at this time and has been redacted.
(a) It would be important to ensure that staff are aware of the potential areas of litigation, and understand both the changing judicial environment and what they can do to manage any risks.
5. Strategic Board agreed:
(a) That the five propositions for risk management should be taken forward and that consideration should be given to how this area of risk management should fit into the organisation's overall risk management structure; (Action: Murray Sinclair, Stella Manzie and Philip Rycroft)
Part of the record of discussion under this agenda item is considered exempt from publication at this time and has been redacted.
(b) That the Strategic Board has a role in providing strategic direction on this issue and that a future Top 40 Event might provide an opportunity to communicate some key messages. (Action: Angiolina Foster)
Agenda Item 3: Budget
The record of discussion under this agenda item is considered exempt from publication at this time and has been redacted.
Agenda Item 4: Update on Public Sector Simplification (SB(08)45)
6. Mike Neilson introduced paper SB(08)45 which provided an update on the Public Sector Simplification Programme and the related Public Services Reform (PSR) Bill. This would be the final report to the Strategic Board on the progress of the Programme, as the next report will be made to the Public Bodies Strategic Group.
Part of the record of discussion under this agenda item is considered exempt from publication at this time and has been redacted.
7. The Permanent Secretary welcomed the Scottish Government officials who joined the meeting at this point to observe the proceedings.
Agenda Item 5: Finance Director's Report (SB(08)46)
8. Alyson Stafford introduced paper SB(08)46 which reported key financial developments, including a high level overview of forecast end of year outturn expenditure, informed by spending in the first six months of 2008-09. She said that consideration had been given to whether changes in the wider economic climate were now impacting on the public sector.
Part of the record of discussion under this agenda item is considered exempt from publication at this time and has been redacted.
9. The Strategic Board agreed:
(a) That the language and phraseology used in the context of these discussions had to be both consistent and fully understood. Such consistency would ensure clarity of discussion in distinguishing between internal budgetary controls and those of the Scottish Parliament and UK Treasury;
(b) That it would be helpful for the next version of the paper to incorporate an additional level of analysis;
Part of the record of discussion under this agenda item is considered exempt from publication at this time and has been redacted.
Agenda Item 6: Forth Replacement Crossing (FRC): (SB(08)47)
10. Malcolm Reed and John Howison introduced paper SB(08)47, which sought the input of the Strategic Board.
The record of discussion under this agenda item is considered exempt from publication at this time and has been redacted.
Agenda Item 7: Proposals for Governance and Accountability Structures following the Audit Scotland Review in September 2008 (SB(08)48)
11. Philip Rycroft introduced paper SB(08)48, which offered some proposals for consolidating, and amending in places, the Scottish Government governance and accountability structures. He explained that much of the work in the paper aimed to clarify the existing governance structures in a way that would help communication with the organisation as a whole. He also said that work was underway to codify existing performance monitoring management and risk management arrangements, as recommended by Audit Scotland. Subject to the Board's approval, the next step would be to take the paper to the Senior Managers Away Day on 17 November for their input. Following that, he proposed that the key messages on governance should be shared with the whole organisation.
12. Points made in discussion:
(a) It was valuable to set out the current arrangement in this way and it would be useful to get input from senior managers at the event on 17 November;
(b) It would be important to be clear that, where two or more DGs have a significant interest in any one national outcome, a lead DG should be identified, though ultimate responsibility for delivery remained with the Strategic Board as a team;
(c) The role of the Non-Executive Directors (NXDs) was mentioned in the paper and it would be important to keep in sight the current review of the NXDs.
13. The Strategic Board agreed:
(a) That the paper would be discussed at the event on 17 November; (Action: Angiolina Foster)
(b) That Programme Boards should not be part of the formal performance management governance framework, but that there should be no impediment to DGs using their respective Programme Boards to undertake a role in this area if they would find it helpful; (Action: DGs)
(c) That the People Business and Innovation Group (PBIG) could be wound up, due to the creation of the position of DG Finance & Corporate Services and the handling of more strategic PBIG issues by the Strategic Board, and that Robert Gordon and Stella Manzie discuss the operation and timing of a new Corporate Services Review Group and that, following those discussions, a note regarding the role, remit, operation and timing of that group be circulated. (Action: Robert Gordon, Stella Manzie, Cabinet and Corporate Business Secretariat)
Agenda Item 8: Government Skills
14. This item did not proceed due to time constraints. The Strategic Board agreed that it should be discussed at a DG stocktake meeting.
Agenda Item 9: Climate Change Presentation
(a) Paul van Heyningen (Department of Energy and Climate Change), along with Elizabeth Baird, John Mason and Philip Wright attended for this item. Paul van Heyningen outlined the main features of the UK Climate Change Bill and the role of carbon budgets.
Part of the record of discussion under this agenda item is considered exempt from publication at this time and has been redacted.
15. The Strategic Board agreed that John Mason should be asked to present the Scottish proposals to a separate meeting of Strategic Board, in advance of the introduction of the Scottish Climate Change Bill. (Action: John Mason and Cabinet and Corporate Business Secretariat)
Agenda Item 10: Any Other Business
The record of discussion under this agenda item is considered exempt from publication at this time and has been redacted.
16. The Strategic Board agreed that the Economic Recovery Plan should continue to be a key focus of work across the organisation, particularly in relation to communication of policy announcements.
Date of Next Meeting
17. Thursday, 27 November at 9.00am.
Cabinet and Corporate Business Secretariat
November 2008