Public Appointments > Research and Reports > Complaint Reports > Process Used for Declaring Knowledge of Panel Members
Process Used for Declaring Knowledge of Panel Members
22 September 2026
The Office of the Ethical Standards Commissioner undertook an investigation into a stage 3 complaint. The complainant alleged that the process used in declaring knowledge of panel members during the appointment process for members of Caledonian Maritime Assets Limited (CMAL) was incompatible with the Code of Practice and in particular its principles of Respect, Openness, Transparency and Integrity. The complainant further disagreed with the findings of the Scottish Government’s complaints handling at Stage 2 and wished to complain that their conclusion was incorrect.
This investigation entailed a detailed review of all relevant information held by the Scottish Government related to the complainer’s application.
Ultimately, the conclusions of this investigation upheld both elements of the complaint. Non-compliance with the Code was identified although this was not material in nature. The following recommendations to the Scottish Government have been made as a result:
- Where there is a mismatch between the declaration of knowledge of a panel member and an applicant who has been shortlisted for interview, that the details of this mismatch be outlined to the candidate in the invitation to interview.
- Where exchanges about panel and applicant knowledge of each other are still required at interview, that a note of the exchange be kept on record, separately to the assessment of the applicant, and the applicant should be assured of the purpose of the clarification and that it is not being used in any way for assessment.
- Where panels determine that questions about non-declaration should occur as part of the fit and proper person test, they are able to do so as long as the applicant knows the reasons for them doing so. The extent and content of this questioning should be assisted by any information provided in advance of interview, from including the question in the letter to interview to request clarification on the mismatch of declarations.
The Commissioner will issue guidance to provide clarity on paragraphs A1 and A11 to A13 of the Code as soon as practicable. He will also use this complaint investigation as learning for his representatives about the purpose of declarations and how these should be handled.
