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Executive Working Two documents have been published to describe how the Scottish Executive will work - "The Scottish Executive: A Guide to Collective Decision Making" and the "Scottish Ministerial Code". The Code, inevitably, goes into great detail on what Ministers can and cannot do - everything from getting permission for trips abroad to making provision in their wills against improper disposal of official papers - but it also puts these rules in the context of open government set out in the CSG report. "In all their dealings with the Parliament, Ministers should seek to uphold and promote the key principles which guided the work of the CSG" (and these are spelt out from the CSG report in terms of accountability to Parliament and people, accessibility, openness, participation, equal opportunities and sharing of power between people, Parliament and executive. The rules cover most of the issues that have caused concern at Westminster, including the appropriateness of jobs after demitting office and ensuring that Parliament is told things first (not selected media) - which has already caused the media some upset over the Executive's legislative proposals. The Code makes it clear that Ministers should resign offices held in charitable undertakings if there is any risk of conflict of interest.) There are clear statements of the power of the First Minister (at whose pleasure the Ministers hold office), and this tends to be mitigated only by references to the Deputy First Minister and to the collective responsibility of the cabinet. All of which, except for the coalition involvement of the Deputy First Minister, is very reminiscent of a Westminster pattern. This is clearly true also of the Guide to Collective Decision-making, written very much with the coalition in mind but reflecting a fairly traditional, centralised view of executive practice, with an emphasis on the role of the civil service. "The key objective of the arrangements for supporting collective decision-making ... is to enable Ministers to make clear, defensible and consistent decisions ... in order to achieve their political objectives and fulfil their statutory and legal obligations". Indeed, but among all the processes laid down (including relations with civil servants) there is not much on participation or on public accountability. While there are clearly matters for Ministers to decide and effective decision-making is vital, the process must surely draw on the experience contributed through consultation as well as advice from the civil servants, especially when such emphasis has been put on what can be achieved without legislation. Openness and Information There is at least a nod in the direction of openness with reference to the (already published) Code of Practice on Access to Scottish Executive Information, which includes a presumption towards disclosure. Both Parliament and the Executive have very good websites (including search facilities), although the Executive site has recently been offline after being hacked into! Of course, even with steps to make provision for access in public libraries, this is only available to those who can use the technology, and other sources of detailed information may not be as accessible. Civil Service Much of the reality of access and participation will depend on civil servants - most of whom worked in what has been described as Westminster's least accountable department. Some are undoubtedly keen to be involved in the new spirit of openness, but others seem well set in traditional ways which feel a bit grudging in giving out information or in seeking contributions to the decision-making process. Established practices will have their virtues, but must be tested by new standards. Of course, it is crucial that the Executive gives a clear lead in establishing a new culture.
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