Transport Scotland - Calmac Ferries board re-appointment queries: EIR release

Information requested

Q1. Sight of all documents in which the skills required for the posts were considered, including any “Matrix” or the like, namely the document setting out which skills were being sought, for the candidates to be assessed for suitability for appointment.

Q2. With the names of individuals redacted, the assessment of each candidate for each post, showing the scores allocated to each.

Q3. Whether the issues of “diversity and equality “or either of them, were art of the skills required and whether there were specific questions posed to the candidates at interview on these matters. And what weight was attached to the answers given thereto.

Q4. Whether amongst the skills required for appointment there included (a) knowledge of shipping (b) knowledge in particular of ferries and (c) experience of having lived and worked in any of the Scottish Islands served by the MacBrayne fleet, and if not, why these were not required skills for any candidate.

Q5. Who served on the interview panel for the selection of candidates, and why they were chosen.

Q6. Why there was not in the selection of Chairman any person on the panel from the communities in the Islands and whether the Scottish Government will review this policy in future in the light of the recommendations in the Petition 1862 which came before Parliament, seeking the introduction of community representation on boards of public organisations delivering lifeline services to islands communities.

Response

The answer to your first question:

Please see attached Annex A, to provide you with the information on the skills of the David MacBrayne Limited Board. Noting that, to enable a Ministerial decision on reappointment, officials provide the appointing Minister with all relevant information to ensure the individual continues to meet the needs of the Board for the period of reappointment. On this occasion, the appointing Minister took the decision to reappoint the DML Board members, to the same role, for a further three years from the end of their current terms. This is in line with the Code of Practice for Ministerial Appointments to Public Bodies in Scotland.

I have included some additional information at the end of Q6 below.

The answer to your second question:

Please see attached Annex B. To provide you with the information on the proformas completed by officials for Ministerial consideration on the reappointment of the David MacBrayne Limited Board Chair and two non-executive Directors.

An exception under regulation 10(4)(e) of the EIRs applies to some of the information you have requested, this is because it is internal correspondence between civil servants and Ministers.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can have free and frank discussions. It is clearly in the public interest that advice is robustly debated and scrutinised. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

Also, an exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

The answer to your third question:

Q1/Annex A refers to the skills of the DML Board. Candidates were not interviewed for these Board roles. The appointing Minister took the decision (following consideration of information provided by officials) to reappoint the existing Board members, to the same role, for a further 3-yr term. This is in line with the Code of Practice for Ministerial Appointments to Public Bodies in Scotland.

The answer to your fourth question:

Q1/Annex A refers to the skills of the DML Board. The skills of the reappointed DML Board members (to include performance, knowledge, experience, and other attributes) were considered to ensure the individuals continue to meet the needs of the Board for the period of reappointment. This is in line with the Ethical Standards Commissioner’s Code of Practice for Ministerial Appointments to Public Bodies in Scotland.

The answer to your fifth question:

There was no public appointment selection panel involved in the recent reappointment of the DML Board members. This is because selection panels are not required nor are they involved in any part of the reappointment process. The Ethical Standards Commissioner’s Code of Practice for Ministerial Appointments to Public Bodies in Scotland does not require them.

The answer to your sixth question:

Q5 confirms there was no public appointment selection panel involved in the recent reappointment of the David MacBrayne Ltd Board members. This is because selection panels are not required nor are they involved in any part of the reappointment process. This is in line with the Commissioner’s Code of Practice for Ministerial Appointments to Public Bodies in Scotland.

Additional information on the DML Board reappointments and skill criterion

All appointments, reappointments, and extensions to the Boards of public bodies in Scotland are carried out in line with the Ethical Standards Commissioner’s (ESC) Code of Practice for Ministerial Appointments to Public Bodies in Scotland.

When the initial term of an existing Board members appointment ends, Scottish Ministers can consider further future reappointments up to a maximum term of 8 years in the same role.

To enable such a decision, the appointing Minister will consider all relevant information provided by officials relating to performance, skills, knowledge, experience, and other attributes, to ensure the individual continues to meet the needs of the Board for the period of reappointment. This is in line with the Ethical Standards Commissioner’s Code of Practice for Ministerial Appointments to Public Bodies in Scotland.

As noted above, following consideration of the information provided by officials, the appointing Minister took the decision to reappoint the DML Board Chair and 2 non-executive Directors for a further three years from the end of their current terms. These reappointments will ensure valuable specialist expertise and experience remains within the DML Board, to support CalMac at this time as it works to deliver the quality-of-service Ministers and island communities expect to receive.

It may be helpful to note that in addition to the number of other skills and attributes, the reappointed DML Board Chair has over 35 years’ experience in senior management positions in the shipping, ferry and transportation industry.

Also, in addition to the number of other skills and attributes, the two reappointed Board members both have specialist roles within the Board. One has experience in audit, risk management and governance, and is Chair of DML’s Audit and Risk Committee and is also the Chair of the Remuneration Committee. The other has experience in health and safety, risk management and governance skills, and has a range of energy industry, marine and port operations experience, and Chairs DML’s Health, Safety, Environment and Quality Committee and is a member of its Audit & Risk Committee.

It may be helpful to note that when officials are planning a Public Body Board appointment campaign (to appoint new members to a Board) on some occasions there will be a requirement for a specific skill and/or experience relating to a specialist job role within the Board, to ensure the Board have the necessary expertise and experience in place to carry out its functions and deliver the quality-of-service Ministers and communities expect to receive.

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EIR 202400442002 - Information Released - Annex

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