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

8. Trust and conduct

8.1 The 2023 Ipsos Veracity Index^[32] tells us that trust in politicians has reached its lowest score in 40 years. The UK Parliament has recently been described as statistically the "worst on record"^[33] (Bryant, 2024, p.23). The Scottish Attitudes Survey 2023 reports that trust in the Scottish Government is at "its lowest level since the survey began"^[34].

8.2 One of the reasons the WhatsApp story prompted such outrage across the UK, with headlines being made after each Inquiry hearing that exposed more messages, was the fact that it felt like a story that hit at the heart of questions of trust. Stories of officials and politicians losing phones, deleting messages, using offensive language etc., continue to run as the Inquiry progresses. The Inquiry will, in due course, publish its conclusions about those messages but it is clear that these are stories that touched a nerve with the public.

8.3 How we behave at times of crisis and how we treat people when they are at their most vulnerable (such as during the pandemic) is arguably our most profound moral test. The balance of power shifts at times like that and the responsibilities that sit with those in power increases significantly.

8.4 The reason trust is important in this context is because trustworthy conduct is a fundamental part of strong relationships. In a democracy, government engages in a contract with its citizens. It is not a financial contract; it is a social one. It is the reason we use the term 'public service.' This review has made reference to the question of risk in the context of the technologies being used. It needs also to refer to the risk in the context of trust. Trust failures have real world consequences and take time (and money) to repair.

8.5 "We cannot conclude that people are happily becoming critical and challenging citizens and that the loss of trust in the political system is a mere reflection of this more critical and challenging perspective. We should not be sanguine about the disenchantment in our democracies. We need an active strategy for re-engaging people in politics"^[35] (Stoker, 2006, p.160)

8.6 It pays to invest proactively in building and nurturing an organisation that encourages and supports trustworthy conduct. If repairs are to be made to the trust lost during this time, that strategy needs to encompass the entire organisation, not simply the rolling out of a new policy.

8.7 In 2024, a UK Governance Project Report^[36] highlighted the lack of public confidence as well as concerns about accountability and standards. For the public service, those standards are The Seven Principles of Public Life, also known as the Nolan Principles. They are a set of ethical standards for public officeholders and those delivering public services. They are -

• Selflessness
• Integrity
• Objectivity
• Accountability
• Openness
• Honesty
• Leadership

8.8 For Civil Servants, the list contained in their Code of Conduct is –

• Integrity
• Objectivity
• Honesty
• Impartiality

8.9 It is hard to argue against any of these, but they also raise some challenges for those required to abide by them, as well as those seeking to hold the public sector to account. "They (values) have to be interpreted by each one of us."^[37] (Bryant, 2024, p.16)

8.10 And if the core values for those in public service require interpretation, it is entirely predictable that in an environment of individuals with different skills, experiences, backgrounds, views etc, there will be inconsistency and challenge, notwithstanding their presence in contractual agreements.

8.11 Similarly, it is not possible to codify every aspect of the working day or predict where challenges may arise. For those areas of our lives where there are judgements to be made and interests to be weighed up, grounding ourselves in a framework of ethical conduct can be a powerful and positive influence.

8.12 Ethics can be institutionalised and not simply regarded as an individual conduct matter. The principles that underpin conduct in public life can rarely be lived unilaterally, they form part of everyday practice but that will not happen without active attention. They also will not happen without a shared clarity of purpose.

8.13 In 2021, the Scottish Government launched the 'In the Service of Scotland' (ITSOS) framework which contains the organisation's mission, vision and organisational values and applies to all Scottish Government staff (not Ministers and SPADS). There is a comprehensive and powerful narrative to this project which has been developed collaboratively across the organisation and if the momentum continues, it has the potential for significant impact.

8.14 It is important to highlight that the Civil Service Code is not a devolved matter, and the Scottish Government does not have the power to unilaterally change its contents. However, this review has been asked to comment on the codes that apply to both civil servants and Ministers and the issues raised are clearly relevant for any and all governments. These codes are missing two fundamental elements: the need to work collaboratively and the importance of a sense of service. Their inclusion would signal an important message to those individuals required to abide by them, as well the wider community. Further, it would be more impactive were the standards to be consistent across the codes and ITSOS.

8.15 A Minister or official is, by definition, in the service of the public. The rules, standards, and ethics that apply around conduct are not optional or discretionary, they are the foundations of the contract that is in place with citizens.

8.16 It is also important to understand that trust in this context is not only about the government and the public. Ministers need to trust officials and officials need to trust Ministers. The Scottish Government needs to trust its employees and its employees need to trust their employer. Trust lost in the system is trust lost for everyone.

8.17 Explicitly referencing the importance of collaboration and service signals something very significant. But is it pointless adding elements to lists if the lists themselves are not seen as relevant, individuals do not live by them and are not held accountable for them.

8.18 The task must therefore be to not only establish a set of principles, but to imbue the whole organisation with the values they represent and turn the nouns of those principles into verbs – making them actionable and making people accountable.