Independent review of Scottish Government's use of mobile messaging apps and non-corporate technology

11. Communicating and embedding values

11.1 As has already been highlighted, having rules in place, whether legal or procedural, is rarely sufficient to guarantee a culture of compliance.

11.2 Ticking boxes is not the ultimate goal. Embracing a culture of ethical conduct, discipline and teamwork is more important. We need to think very carefully about the way in which we engage with people, the form it takes and the language we use. Every touch point in an organisation matters and can encourage (or discourage) certain behaviours. Everything we touch we change.

11.3 Social norms are a powerful determinant of human behaviour. To build and nurture a culture of compliance, rules need to be clear, and they need to be accepted by those expected to comply. If individuals, particularly those in senior and leadership roles, are not paying attention to the rules, it is perfectly understandable for others to take the view that 'if no-one else is doing it then why should I.'

11.4 The widespread use of MMAs at the top levels of politics throughout the UK, despite the ethical, regulatory, and legal concerns raised in many quarters, illustrates that point.

11.5 It is, however, certainly the case that the rules were neither clear nor consistent, as was evidenced in the High Court during the legal action taken by the Good Law Project. Commenting on the multitude of codes of practice and policies for dealing with communications, the judges specifically remarked on the lack of consistency in substantive content as well as terminology^[42]. The social, cultural, and legal cues were, and remain, confusing and unclear.

11.6 If we are asking people to comply with rules and those rules are unclear or inconsistent, that will have consequences. There will also be consequences if people do not feel that the rules align with their values. If rules feel unfair or irrelevant, they will be seen as something external to the individual and even something to be circumvented.

11.7 Such circumvention may not be malign, but the consequences will be no less real than had the intentions been otherwise.

11.8 There are some compelling examples to illustrate the simple power of words in supporting organisational values.

11.9 A search for the words 'values' 'integrity' 'objectivity' 'honesty' 'impartiality' (all of which are at the heart of public service and contained in the Civil Service Code) bring up a significant number of results, which is to be welcomed. In the staff performance review and appraisal document, however, it brings back nothing. There are, therefore, opportunities to further embed this language and approach in broader and deeper ways.

11.10 The short appointment letter given to new Ministers when they take office says nothing of the core purpose of their role and makes no mention of the Principles of Public Life or the Scottish Ministerial Code they are expected to live by.

11.11 The Scottish Ministerial Code and the Code of Conduct for Special Advisers has the core values included as an annex (defined as 'extra or subordinate to'). This signalling matters.

11.12 All these documents would read entirely differently were they to be 'front-loaded' with mission, vision, and values.

11.13 A further useful example of the importance of messaging is the FOI training given to Ministers. It starts with information about the regulator and enforcement. These things are of course relevant but making them the starting point sends a clear message: 'We only do this because we have to, and we will get into trouble if we don't.' It could, however, start with a statement about the role FOI plays in supporting democracy and accountability.

11.14 Consider a conversation with a child that starts 'I don't want you to steal the toy from your friend because a teacher may be watching and will tell you off.' Then compare that to 'We don't steal other people's things because it is not a nice or kind thing to do and you would not like it if they did that to you.' This is of course a rather light-hearted example, but it nonetheless serves to illustrate the point.

11.15 The 2022 Information Management Strategy talks of the desire to "develop and maintain an organisational culture which values information". The aim could, for example, be reworded to say – 'develop and maintain an organisational culture which is committed to the service of Scotland and in the understanding the information underpins what we do and how we do it.'

11.16 The examples above (as well as those contained in Appendix 6) illustrate the numerous areas of opportunity to 'front-load' the purpose and values messaging which can so powerfully breathe life into the culture of an organisation. The messaging needs to be strong and consistent, and no apology should be made for repeating it at every touchpoint.

11.17 There is an opportunity to shift the narrative from 'do this because you have to,' to 'we are doing this together because we recognise its importance, and it helps us to deliver on our purpose in accordance with our values.'

11.18 The power of words and language should not be underestimated. They can be transformative when integrated as a part of a wider values-led compliance transformation programme. This review has seen evidence of much good work which has been started to embed the 'In the Service of Scotland' mission, vision and values. That work should continue, and every effort made to engage individuals across the whole organisation in its delivery.