Ministerial appointments to public bodies: training pack for selection panel chairs

The recruitment process for many ministerial appointees is independently regulated by the Ethical Standards Commissioner, requiring compliance with the Commissioner’s 2022 Code of Practice for Ministerial Appointments to Public Bodies. This training pack is for selection panel chairs in that process.


8. Scenarios – Putting the Code into Practice

Please refer to your copy of the Code when considering the scenarios below.

Answers can be found on page 26

Scenario A

Advertising for an appointment round has closed. The Appointing Minister asks the selection panel to appoint an additional board member with specific experience of working with care leavers. This experience wasn't included in the published applicant pack. The selection panel have shortlisted candidates and are due to interview the following week.

What would you do in this situation?

1. Add an additional question at interview to understand if candidates have experience of working with care leavers.

2. Approach the Commissioner for a view and agree a course of action.

3. Seek advice from the Public Appointments Team.

Scenario B

The chair of a specialist high profile public body has resigned at short notice, and, due to ongoing adverse publicity, the Minister wants to 'cut through the red tape and just get someone in quickly'. The Minister has suggested a few possible names of potential chairs. There is no selection panel in place.

What would you do in this situation?

1. Ask the Public Appointments Team to contact the named persons, and invite them for interview.

2. Set up a selection panel and convey the Minister's wishes to the panel, expedite a new round as quickly as possible, having regard to the Code's principles and provisions.

3. Proceed with the round, including a series of outreach measures to attract a wide range of potential applicants.

Scenario C

The selection panel members disagree on the performance of a candidate at interview. They disagree on the scoring and in discussion you find that one panel member is keen to recommend them for appointment because the candidate is under 30 years old.

What would you do in this situation?

1. Agree that the candidate would add diversity to the board and agree that they should be recommended to the Minister for appointment.

2. Review the evidence provided by the candidate against the criteria for appointment and make a final decision.

3. Agree that the younger candidate was not the most meritorious but ask they are recommended to the Minister anyway, so that the Minister has options.

Scenario D

An applicant declares that they worked with a selection panel member 10 years ago.

In discussion with the panel member you find that their working relationship was poor and that a grievance was raised.

What would you do in this situation?

1. Ask the selection panel member to withdraw.

2. Ask the selection panel member if they are able to manage their own bias, agree that other panel members will lead questions and continue.

3. Approach the Commissioner for a view and agree a course of action.

Scenario E

An applicant is selected for interview and the selection panel requested a social media/new check. The social media check reveals that their twitter account contains a number of misogynistic memes.

What would you do in this situation?

1. Contact the applicant to discuss the findings.

2. Verify the account with the candidate and discuss the findings at interview.

3. Verify the account with the candidate and ask the Public Appointments Team to rescind the invitation to interview.

Contact

Email: public.appointments@gov.scot

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