Compensation sum paid to former permanent secretary: FOI release

Information requested

1. What was the total compensation sum paid to Ms Evans after leaving her role in the civil service?
2. Why was Ms Evans given three-months pay, despite the legal requirement for an unpaid break between leaving a senior civil service job and taking up an outside post?
3. What was the total sum of the three-months pay that was received by Ms Evans for this period?

Response

The information that you have requested in relation to points 1 and 3 of your request is available from the published Scottish Government annual report and accounts for 2021-22 available at the following link – The Scottish Government Consolidated Accounts for the year ended 31 March 2022 - gov.scot (www.gov.scot).

Under Freedom of Information legislation, we do not have to provide you with information which is already reasonably accessible to you. However, for ease of understanding, we include an explanation on how the information you have requested at items 1 and 3 can be derived from the published information in the annual report and accounts. In line with Cabinet Office guidance, as set out in the Government Financial Reporting Manual, we have applied the normal convention for reporting the personal salary information of officials by providing the information in £5k salary bands.

1. What was the total compensation sum paid to Ms Evans after leaving her role in the civil service?
   
   The remuneration report in the annual report and accounts explains that for the financial year 2021-22, Ms Evans received total remuneration of £225,000 - £230,000. It also explains that Ms Evans full year salary band was £170,000 - £175,000. Footnote (1) explains the following:
   (1) Leslie Evans stepped down from the Corporate Board on 31 December 2021 and formally departed the Scottish Government on 31 March 2022. Her salary and total remuneration for 2021-22 includes untaken annual leave and an additional payment made to compensate for the three month waiting period which is required of permanent secretaries upon leaving the Civil Service. Such payments are permitted under ACOBA's Business Appointment Rules, subject to consultation with Cabinet Office. The full year salary band for this post was £170-175k.
   
   From this it can be determined that the additional level of remuneration that Ms Evans received over and above her full year salary was between £55,000 - £60,000 which is made up of payment for untaken annual leave and an additional payment made to compensate for the three month waiting period under the ACOBA Business Appointment Rules.
    
2. Why was Ms Evans given three-months pay, despite the legal requirement for an unpaid break between leaving a senior civil service job and taking up an outside post?
   
   Ms Evans received a payment for the three month waiting period which is required of permanent secretaries upon leaving the Civil Service. As the SG annual report and accounts explain, such payments are permitted under ACOBA’s Business Appointment Rules, subject to consultation with Cabinet Office. In Ms Evans case, in consultation with the Cabinet Office, it was determined that the three month waiting period from 1 April 2022 to 30 June should be paid. The ACOBA Business Appointment Rules can be viewed at the following link - Business appointment rules for Crown servants - GOV.UK (www.gov.uk). You will wish to understand that there is not a legal requirement for an unpaid break between leaving a senior civil service job and taking up an outside post, in fact the ACOBA Business Appointment Rules make explicit provision for the waiting period to be paid. See the section ‘Payment for Waiting Period’ in the ACOBA Business Appointment Rules.
    
3. What was the total sum of the three-months pay that was received by Ms Evans for this period?
   
   The information contained in the SG annual report and accounts for 2022-23 confirms that Ms Evans’ full year salary was £170,000 - £175,000. As such, it can be determined that three months’ pay equates to a payment of £40,000 - £45,000.

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