3.8 The Role of the Minister
Every public body sponsored by the Scottish Executive is expected to be aware of, and work within, a strategic and operational framework determined by the Executive. Every public body falls within the portfolio of a specific Scottish Minister who will set its overall policy aims, define expected outcomes arising from implementation of that policy, and will review its progress against these actions.
In some policy areas, more than one Minister is involved. While it is to be expected that the two (or more) Ministers will co-ordinate policy, the public body - led by the Chair - should ensure clarity of purpose and direction.
Public bodies are often described as operating at 'arm's length' from Ministers but this does not mean that they are beyond Ministerial control. The Minister will decide how much independence and flexibility the public body should have, depending on its size and the nature of the functions it carries out.
The founding legislation for most public bodies gives Ministers the power to issue a formal direction requiring it to take particular action. However, the use of these formal powers is extremely rare. The public body to which you have been appointed will, however, be covered by Ministers' relocation policy. This means that Ministers will expect you to consider and implement decisions on location as part of a wider strategic review which the body will be subject to from time-to-time.
The Minister is mainly responsible for:
- considering and approving the public body's strategic objectives and the policy and performance framework within which it operates;
- securing and approving the allocation of public funds for the body;
- the approval of key documents such as the Management Statement and Financial Memorandum and the Corporate Plan;
- making appointments to the Board;
- approving the terms, conditions and remuneration of the Chair and Board members, and in most cases the Chief Executive;
- fulfilling any responsibilities specified in the founding legislation, charter or articles of association; and
- issuing letters of strategic guidance.
Ministers may also seek to increase their understanding of the public body through formal meetings with the Chair and Board and other more informal events.
Ministers are responsible to the Scottish Parliament and may be asked at any time to attend Parliament or one of its Committees to answer questions from Members of the Scottish Parliament ( MSPs).