SPCB Written Question · S2W-05964 · Session 2
What procedures were followed with regard to the appointment of a legal firm of advisers to the Scottish Parliamentary Standards Commission…
The question
To ask the Presiding Officer what procedures were followed with regard to the appointment of a legal firm of advisers to the Scottish Parliamentary Standards Commissioner; how many companies were invited to tender for the appointment and of those how many were based (a) in and (b) outside of Edinburgh; what criteria was used for the selection of the successful company; whether any guidelines or rules have been agreed in respect of the avoidance of any conflicts of interest between the firm and the Commissioner; what the value of the contract awarded is, and what performance indicators will be applied to the contract.
The answer
The Scottish Parliamentary Standards Commissioner Act 2002 provides that the Commissioner may appoint advisers to assistin the carrying out of his functions, subject to the approval of the SPCB. TheSPCB approved the appointment of Anderson Strathern WS, as legal advisers.
The appointment followed acompetitive tendering exercise. Six firms with offices in Edinburghdeemed large enough to offer a range of services were invited to tender. Threefirms were then invited to make presentations with their bid being judgedagainst the following criteria: advice on interpretation of The Scottish Parliamentary Standards Commissioner Act 2002, Code of Conduct, use of statutory powers;advice when the Commissioner is involved in a legal process, on compliance withother statutes; advice on investigating breaches which could involve criminaloffences and possible future advice on employment issues should theCommissioner employ staff.
Anderson Strathern WS andthe Commissioner have agreed that any conflict of interest will be dealt underthe Law Society of Scotland’s Practice Rules on conflict and potential conflictof interest; the Solicitors Scotland (Conflict of Interest) Practice Rules 1986and the Code of Conduct for Scottish Solicitors as amended.
Work is undertaken at anhourly rate and must be met from the Commissioner's budget. As the volume ofwork is uncertain no value has been placed on the contract.
Performance indicatorsapplied to the contract were set out in the tender document and provide minimumstandards of service which include responding to requests for advice within 14days or within the timescale requested and if that is not possible, within atimescale agreed with the Commissioner; telephone messages being returned thesame day and correspondence and emails being answered within three workingdays. Performance is reviewed at quarterly meetings with the Commissioner andthe lead person in Anderson Strathern with responsibility for the contract.
The appointment followed acompetitive tendering exercise. Six firms with offices in Edinburghdeemed large enough to offer a range of services were invited to tender. Threefirms were then invited to make presentations with their bid being judgedagainst the following criteria: advice on interpretation of The Scottish Parliamentary Standards Commissioner Act 2002, Code of Conduct, use of statutory powers;advice when the Commissioner is involved in a legal process, on compliance withother statutes; advice on investigating breaches which could involve criminaloffences and possible future advice on employment issues should theCommissioner employ staff.
Anderson Strathern WS andthe Commissioner have agreed that any conflict of interest will be dealt underthe Law Society of Scotland’s Practice Rules on conflict and potential conflictof interest; the Solicitors Scotland (Conflict of Interest) Practice Rules 1986and the Code of Conduct for Scottish Solicitors as amended.
Work is undertaken at anhourly rate and must be met from the Commissioner's budget. As the volume ofwork is uncertain no value has been placed on the contract.
Performance indicatorsapplied to the contract were set out in the tender document and provide minimumstandards of service which include responding to requests for advice within 14days or within the timescale requested and if that is not possible, within atimescale agreed with the Commissioner; telephone messages being returned thesame day and correspondence and emails being answered within three workingdays. Performance is reviewed at quarterly meetings with the Commissioner andthe lead person in Anderson Strathern with responsibility for the contract.
In the Official Report
No contribution in the Official Report cites S2W-05964 by reference.