The Parliamentary Under-Secretary of State for Scotland (David Mundell)
I congratulate the hon. Member for East Kilbride, Strathaven and Lesmahagow (Mr McCann), my neighbouring MP in south Lanarkshire, on securing debating time tonight. Adjournment debates are an important opportunity for Members to put matters of concern on the record, and the hon. Gentleman has been able to do that.
The issues that have been set out have already been the subject of a great deal of investigation by the relevant authorities. I am conscious that a number of the issues raised are still under consideration by both the procurator fiscal and the civil courts, and therefore it would not be appropriate for me to comment on those. The issues raised also relate closely to the decision-making process for planning applications in Scotland and to economic development policy in Scotland. It is important to recognise that these matters in Scotland are devolved and are properly for the relevant local authorities, the Scottish Government and their agencies. I can therefore offer no comment on the merits or otherwise of the applications in question.
With regard to the responsibilities and accountability of civil servants, I understand the hon. Gentleman’s frustration. However, there are proper processes in place. The civil service code, first published in 1996, sets out the core civil service values and the standards of behaviour expected of civil servants in upholding these values. A Scottish Executive version of the civil service code was first published in 2006.
On 11 November 2010, the civil service provisions of the Constitutional Reform and Governance Act 2010 came into force, placing the civil service values on a statutory footing. Under the terms of the 2010 Act, a revised civil service code was laid before the UK Parliament on 11 November 2010 and is available on the Cabinet Office website, and a revised separate code of conduct governing civil servants who serve the Scottish Executive was laid before the UK Parliament and Scottish Parliament on 11 November 2010.
As the hon. Gentleman said, he pursued the matter also with the then head of the civil service, who fully investigated the matter.
Thomas Docherty (Dunfermline and West Fife) (Lab)
I am grateful for the opportunity to speak in the debate. Having worked in the property industry, I know that Mr Gallagher has something of a reputation for being what in Moffat would be called a wide boy. Is the Minister satisfied that the code covers the culture of behaviour, as well as the actions?
David Mundell
I am satisfied that the terms of the code are appropriate and are appropriately administered. As the hon. Gentleman knows, complaints regarding the Scottish Government and their agencies which have gone through those organisations’ own formal complaints procedure can also be raised with the Scottish public services ombudsman. It is for the public services ombudsman to deal with these matters, and it is right that the appropriate avenues are used. The Scotland Office does not have any locus in such matters and it would not be appropriate for us to take on any investigatory role in relation to these matters.
Mr McCann
Having served for a considerable time in my career as a full-time trade union official in the civil service, and having represented people who work in Scottish Enterprise, I know how the procedures operate. In the situation that I described, I made a formal complaint to the head of the civil service that someone, as I set out in my opening address, committed a serious disciplinary offence. No action was taken whatsoever, and he was allowed to leave the service with a handsome package paid for by the taxpayer. Those questions have never been answered. Therefore the question that I must put to the Minister is how am I to pursue such questions to a logical conclusion when all I got from the civil service was a brick wall constructed in front of me and my questions not being answered?
David Mundell
As I set out in my opening remarks, the hon. Gentleman has had the opportunity this evening to place all his concerns on the record. I undertake to ensure that a transcript of tonight’s proceedings is conveyed to all the relevant parties that have been discussed, including Scottish Enterprise, the Scottish Government, Sir Peter Housden, the Information Commissioner, and the current head of the civil service, Sir Bob Kerslake, so that everyone who has an interest in the matter can read the points that the hon. Gentleman has raised. However, the Scotland Office is unable to take forward further investigations. Indeed, it would be inappropriate to do so while a criminal investigation and civil court proceedings are taking place. As I have said, he has used the important opportunity of an Adjournment debate to place his concerns on the record.
