International development: Global South Panel - terms of reference

Overall aim

For the Scottish Government Minister for International Development to access a wider and more diverse range of voices and experience, and lend expertise to the Strategy to drive and support further positive change. See the Scottish Government’s response to Parliamentary Question S5W-35666 for further details.

To provide a platform for Ministerial engagement and dialogue with Panel members, with advice from those experts on issues pertaining to or informing the implementation of the Strategy, to ensure its impact will be positive, inclusive, and long-term.

Ambition for the Global South Panel

The Panel is one of the outcomes from our 2020/21 Review of our approach to our International Development work (Coronavirus (COVID-19): review of international development programme (‘the Review’). In announcing the outcomes in March 2021, the then Minister for Culture, Europe and International Development made a public commitment to establishing this Panel. The commitment to establish a Global South Panel was also contained our Programme for Government in 2021 (A Fairer, Greener Scotland: Programme for Government 2021-22).

The Panel will advise our Minister for International Development on the Strategy, in light of the Review, particularly as it effects our partner countries of Malawi, Rwanda and Zambia. In line with the commitment in our Principles to inclusivity and diversity, and to shifting power in our international development work to our partner countries, we want to ensure the Scottish Government continues to hear from experts from sub-Saharan Africa. Appointments to the Panel will have either academic/expert knowledge or lived experience of International Development policy and practice, and its implementation in sub-Saharan Africa, particularly our partner countries. We will also include representatives of our partner country diaspora groups in Scotland on the Panel.

The Panel is intended to enable us to access a wider and more diverse range of voices and experience, and lend expertise to the Strategy. It will be chaired by the Minister for International Development, and will ensure global south voices continue to be heard beyond the Review, at Ministerial level, ensuring ongoing dialogue and to drive and support further positive change to our development programmes in our Partner Countries.

It is intended that the Panel will meet on 2 occasions per year, initially over the first year. To begin with, the Panel will advise the Minister on questions related to the reshaping of the Strategy in light of the Review. If the pilot is successful, over time the Panel may advise on matter related areas such as impact on the global south of Scottish Government International Trade policies etc.

Panel membership

The Panel consists of:

• Minister as Panel Chair
• three subject experts from our partner countries. With the Panel itself being able to co-opt other members as, and when needed, to allow for wider ranging discussion on other matters according to the particular area of interest for discussion and advice and
• the Chair, or nominated member, from each of our three partner country diaspora groups in Scotland

As a Panel member, you will work with the Minister for International Development and Scottish Government Officials, initially advising on the implementation of the findings from the Review.

There would be the option to invite additional speakers with expertise on a particular topic to a Panel session depending on demand from the group. 

The Panel will be appointed, initially as a pilot for a year, and then on a rolling annual basis if the pilot is deemed successful. Once the Panel members are appointed, an introductory meeting will be arranged with the Minister, the Scottish Government’s International Development team to establish initial topics for discussion in future meetings. The International Development team will set an initial topic, which is linked to implementation of the findings from the Review.

Terms and conditions of appointment as a member of the Scottish Government's International Development Global South Panel

The role of Scottish Government's International Development Global South Panel

Status

Subject to Clause 1.2, you are appointed as a member of the Scottish Government’s International Development Global South Panel (“the Panel”). In these terms and conditions, except where stated, “you” and related expressions refer to the holder of that appointment.

You are one of a number of appointees the Panel.

You are not a servant or agent of the Crown or a civil servant, and do not have any status, immunity or privilege of the Crown.

The terms are not to be construed as constituting a contract of employment or service, or a contract for services between you and the Scottish Ministers or the Crown.

Functions

The main function of the Panel’ is to advise the Scottish Government on International Development best practice and keep us at the forefront of thinking on International Development issues.

Duties/responsibilities

The Scottish Government’s International Development Panel is an advisory council providing advice to the Minister for Culture, Europe and International Development. You will participate in virtual bi-annual meetings to discuss various issues relating to Scotland’s International Development work.

The Panel will have a responsive function as a “sounding board” for near-term policy issues, such as the balance of different environmental aims, or how environmental issues impact on Economy or Health policies. The second function will be in thought leadership, advising on the long-term policy trajectory for Scotland.

The Panel will advise the Minister on questions related to the reshaping of the Strategy, in light of the findings of the 2020/21 Review of our approach to our International Development work (Coronavirus (COVID-19): review of international development programme (‘the Review’), e.g. establishment of our new Equalities programme (another outcome of the Review). 

Accountability 

You must act within and in accordance with the policy framework assigned to the Panel by the Scottish Ministers. You are individually accountable to the Scottish Ministers for your actions and decisions of appointment. You are also jointly accountable with other members of the Panel to the Scottish Ministers for the actions and decisions of the Board.

Period of appointment

This appointment will commence on 01 September 2022, and will be for a period of one year until 31 August 2023. The Scottish Ministers may terminate your appointment without notice if, in their opinion, you have acted improperly in relation to your duties or are otherwise unable or unfit to perform your duties. Should the Panel be dissolved or wound up during the period of your appointment, your appointment would also cease with effect from that dissolution or such other date as is specified in any relevant correspondence.

You may resign your appointment by giving one month’s written notice to the Scottish Ministers.

Remuneration 

The appointment is voluntary and will not be remunerated.

Expenses and subsistence

You are entitled to be reimbursed by the Scottish Ministers for expenses that appear to be necessary or expedient for the proper discharge of your functions. Please note that you are responsible for the payment of tax and any other liabilities in relation to expenses.

Reimbursement will be at the Scottish Ministers agreed rates, which are set centrally by the Scottish Ministers and may be reviewed periodically.

Time commitment 

Approximately two formal meetings of the Panel will be held annually. You will attend meetings of the Panel regularly, and will contribute fully at these and to performing your other functions.

Termination of appointment 

The Scottish Ministers may terminate your appointment if they are satisfied that you:

• have been absent from three consecutive meetings of the Panel otherwise than for a reason approved by the Scottish Ministers
• are otherwise unable or unfit to discharge your functions of appointment or
• are no longer suitable to continue in your role, including where you have failed to perform satisfactorily

You will vacate your appointment immediately on being disqualified by virtue of an organisation that you are employed by, or otherwise work with, becomes the recipient of a grant from the Scottish Government’s International Development Fund.

Conduct 

You will observe the following principles of public life:

Duty - you have a duty to uphold the law and act in accordance with the law and the public trust placed in you. You have a duty to act in the interests of the Scottish Government and the Panel of which you are a member and in accordance with the core functions and duties of that Panel.

Selflessness - you have a duty to take decisions solely in terms of public interest. You must not act in order to gain financial or other material benefit for yourself, family or friends.

Integrity - you must not place yourself under any financial, or other, obligation to any individual or organisation that might reasonably be thought to influence you in the performance of your duties.

Objectivity - you must make decisions solely on merit and in a way that is consistent with the functions of the Panel and the Scottish Government when carrying out public business including making appointments, awarding contracts or recommending individuals for rewards and benefits.

Accountability and stewardship - you are accountable for your decisions and actions to the public. You have a duty to consider issues on their merits, taking account of the views of others and must ensure that the Scottish Government and Panel uses its resources prudently and in accordance with the law.

Openness - you have a duty to be as open as possible about your decisions and actions, giving reasons for your decisions and restricting information only when the wider public interest clearly demands.

Honesty - you have a duty to act honestly. You must declare any private interests relating to your public duties and take steps to resolve any conflicts arising in a way that protects the public interest.

Leadership - you have a duty to promote and support these principles by leadership and example, and to maintain and strengthen the public’s trust and confidence in the integrity of the Panel and its members in conducting public business.

Respect - you must respect fellow members of your Panel and employees of the public body and the role they play, treating them with courtesy at all times. Similarly you must respect members of the public when performing duties as a member of the Panel.

You will not accept gifts, hospitality or entertainment in performing your functions or in consequence of your appointment (unless wholly trivial and of minimal value) and will report any such offers to the Panel Secretariat. 

Panel secretariat 

The Scottish Government will provide secretariat support to the Group and other administrative, analytical, digital and communications support as required.

You will work closely with the secretariat for the Group and with other civil servants as required. The secretariat is responsible for supporting the Chair in the running of the Group, and for supporting the design and delivery of the Group’s objectives.

In discharging your functions, you may:

• seek the support of the secretariat to prepare information, papers, data and analysis
• correspond and/or hold regular meetings with the secretariat]

But you must not:

• ask the secretariat or other civil servants to do anything that is inconsistent with the Civil Service Code
• behave towards civil servants in a way which would be inconsistent with the standards set by the Scottish Government for conduct generally

Liability 

If legal proceedings are brought against you by a third party, the Scottish Ministers will meet any civil liability incurred in performing your appointment, providing that you acted honestly and in good faith and did not act recklessly or negligently.

Communications and information sharing 

The Panel will not be subject to Freedom of Information (FOI) and will not be required to respond to FOI requests. This is because the Panel is not established on a statutory basis.

Any papers provided from the Panel to Scottish Government Ministers or officials will become subject to the usual FOI requirements. This means that any e-mails, notes, initial or formative advice and communications to Scottish Government Ministers or officials, would immediately become Scottish Government documents for the purposes of FOI. The Scottish Government can apply exemptions to withhold certain information, for example if policy is still being formulated, but may not be applicable for other types of information. Documents withheld for policy development reasons are likely to become appropriate for release in the future, once policy in this area is fully formed.

The Scottish Government Secretariat will keep the Panel's records in a separate electronic file with restricted access. This will clarify, for the purposes of FOI, the Scottish Government is holding these records only on behalf of the Panel and not in its own right.

Confidentiality 

You will exercise due care in the use of information to which you have access in the course of performing your functions or in consequence of your appointment, and you will protect information that you receive in confidence from unauthorised disclosure.

When your appointment ends (whatever the reason) you will continue to owe a duty of confidentiality to the Group and to the Scottish Ministers in relation to information of a confidential nature to which you had access during your period of appointment.

Further to clause 10 above, you may be considered unfit to be Chair and removed from your role if the Scottish Ministers are satisfied that you disclosed information, without authority (statutory or otherwise), that you received in the course of performing your functions or in consequence of your appointment, or used it for personal gain or advancement.

Intellectual property rights 

“Intellectual Property Rights” includes any materials, works and any right in the nature of intellectual property, whether or not registered, in any form which are created, produced or generated by or for you on behalf of the Scottish Ministers/or the Panel for use in relation to the performance by you or in connection with your appointment. 

All Intellectual Property Rights belong to the Scottish Ministers and you agree to assign them to the Scottish Ministers. This assignation takes effect on 1 September 2022 or as an assignation of future rights which takes effect immediately on the coming into existence of the Intellectual Property Rights. 

You grant to the Scottish Ministers a royalty-free, irrevocable and non-exclusive licence (with a right to sub-licence) to use any Intellectual Property Rights owned or developed by you in your role as a member of the Global South Panel which the Scottish Ministers reasonably require.

Conflicts of interest 

Any personal or business interests which may, or may be perceived to, influence your judgements in providing advice should be declared as a potential conflict of interest to the Chair of the Panel.

I accept the appointment as a member of the Scottish Government’s International Development Global South Panel on the terms and conditions set out in the above Terms and Conditions for Appointment as a Member of the Scottish Government’s International Development Global South Panel.

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