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Research on time commitment, remuneration and other aspects of the role of public appointees 2024

The Ethical Standards Commissioner is conducting research into the roles of chairs and board members of regulated public bodies. It will be conducted through a survey distributed to all public appointees of regulated boards, and through focus groups where individuals will have the opportunity to feedback on aspects of the roles of public appointees covered by the Code of Practice for Ministerial Appointments to Public Bodies in Scotland.

The research seeks to:

  • Establish whether from the perspective of people appointed, the role descriptions included in applicant information packs are accurate. Expectations and treatment (e.g. time commitment, remuneration, support going into the role (i.e. induction), appraisals, reappointments and board culture) should be consistent from applicant pack to appointment – meeting the principles of respect, openness, transparency and integrity.       
  • Understand the impact of certain aspects of these roles such as time commitment, remuneration and expenses and whether these can create barriers to taking up these roles for people from currently under-reflected groups; and;
  • Understand the extent to which the Commissioner’s statutory functions are understood.

To understand why and how we are conducting this research, please read below. 

Why are we doing this research?

In 2020, the Ethical Standards Commissioner conducted research to explore whether the time commitment and remuneration level of board chairs and members in ESC regulated public appointment roles were appropriate and reflective of what these appointment opportunities had been advertised as initially. The key findings of this research (highlighted below) reveal concerning realities of public appointments, including mixed views on whether current remuneration levels are appropriate, as well as significant disparities between the advertised time commitment of public appointment roles and the actual time commitment demanded of board chairs and members in practice. 

In 2020, we received 288 responses to our survey on time commitment and remuneration of public appointees regarding 344 public appointee positions.
62.55% of respondents revealed that the actual time commitment demanded of them in their roles had been more than what was initially advertised
Mixed views on whether current remuneration levels are appropriate.

 

The Scottish Government's response to our 2020 research states that:

 

‘Time commitment and remuneration will play a part in people's consideration of whether or not a public appointment is right for them but this has not proven to be a significant barrier to increasing the participation of people from protected groups.’

 

‘In practice the time commitment required may sometimes vary and each board will have policies in place to manage this situation. The number of additional responsibilities that an appointee takes on is at their own discretion and will happen in consultation with the Board Chair. Scottish Ministers expect that board Chairs and board members will monitor their time commitment and raise any concerns they have at a local level.’

‘It is a policy objective that public appointees are remunerated for their time so that membership can be drawn from as diverse a range of candidates as possible or where there is specific need for appointees to be drawn from otherwise under-represented groups. Any remuneration payable is not intended to meet in full the market rate that could be commanded by individuals in an employment context.

The CIPD recently highlighted a report outlining the challenges facing the employment markets currently, emphasising that transparency around pay, flexible work options and strong employer branding are key to attracting top talent. Whilst board positions are different to employment, we believe that the same principles apply. We believe that if applicants are not clear on the true remuneration (for the time spent undertaking the role) or the level and type of support that they should expect to receive once in post, they may be less likely to put themselves forward.

Since the government's initial response to our research, the Commissioner has continued to hear anecdotally from board members and stakeholders that

  • the time commitment publicised in new public appointment opportunities continue to remain inaccurate
  • board members are regularly required to work hours in excess of those they had originally committed to and that,
  • responsibilities being placed on board members (particularly chairs) are more and at a higher level of professional risk than advertised.

Support for such a level of responsibility is also variable. The disparity of remuneration level between public bodies will also continue to exacerbate accessibility differences between the types of boards which potential members can access. The Commissioner is therefore hoping to establish, through this research, a baseline of views on these aspects from current board members and chairs, to assess whether there has been any change in the 4 years since the research was last conducted.

The Commissioner is also taking the opportunity to seek views on some additional subject areas including board culture, induction and training, appraisals and the reappointments process. The Code basis for this research and the applicable Code areas are referenced below.

 

How Are We Conducting Our Research?

 

Survey

A survey is being circulated to all chairs and members of regulated public body boards from December 2024. It will close on 31 January 2025. The results will be analysed and shared in a report with the Scottish Government and Scottish Parliament as well as made public. This is with a view to making public appointments open to everyone in society.

When completing the survey, we do not require any personal details that could identify you, such as your name, address, date of birth, or the public body board which you are working on. However, we will ask you which Scottish Government Director-General (DG) area your public body operates under: Communities, Economy, Education and Justice, General Corporate, Health and Social Care, Net Zero, or Scottish Exchequer. If you aren't certain which DG area your public body operates under, please refer to the list here.

The link to the survey has been circulated to chairs of regulated boards in Scotland to distribute to their members. If you are a board member and would like to request access to the survey, please contact your board chair or appointments@ethicalstandards.org.uk.

 

 

Focus Groups and Interviews

We intend to run focus groups, for those who are interested, commencing in January 2025.  These will give individuals an opportunity to feedback on the key areas of our research, and will include seeking views on:

  • Time Commitment
  • Induction, appraisal, training and support in post
  • Barriers and challenges of applying for appointments
  • Barriers and challenges once in post

If you wish to participate in one our focus groups, or would prefer to have a one-to-one interview, or would like more information about providing qualitative feedback to the team, please reach out to us at appointments@ethicalstandards.org.uk. 

 

The current Code of Practice for Ministerial Appointments, published in March 2022, includes several provisions covering the key elements of this research. These are detailed below.

Induction and Training

The Code of Practice states that I6 Applicants will be provided with information on the development and support that they will receive if they are successfully appointed and I7 Those who are appointed will be asked to provide feedback on their induction and training. The associate statutory guidance on the Code states that 2.14 The principle of “Respect” means that the applicant journey from application to, where successful, appointment and induction should be a positive experience and that 14.2 The Code also requires those who are appointed to be asked to give feedback on their induction and training. It is anticipated that the information generated in this way will be used to improve over time on the induction and training provided.

Time Commitment

The Code of Practice states that the appointment plan C1 must include an accurate assessment of the time commitment required to fulfil the role and that (Annex 2) 3. Publicity must give an accurate assessment of the necessary time commitment and will state whether the position is remunerated; if remunerated, the amount will be indicated. Publicity must also advise which out of pocket expenses will be reimbursed for people who are appointed.

Remuneration

On remuneration, the Code of Practice states that the appointment plan must include an accurate assessment of the time commitment required to fulfil the role and of the remuneration and expenses paid, where applicable.

Appraisal 

On appraisal, the Code of Practice states, in relation to the reappointments process, that a member may be reappointed if: F1 (i) the member’s performance has been properly appraised as being effective during the current term and the member has been given the opportunity to demonstrate that they have the appropriate skills, knowledge and experience and other attributes required.

Reappointments

On reappointments, the Code of Practice states that F1 The Scottish Ministers may reappoint a board member to the same position or extend a member’s appointment term provided that: i. the member’s performance has been properly appraised as being effective during the current term and the member has been given the opportunity to demonstrate that they have the appropriate skills, knowledge and experience and other attributes required ii. the reappointment or extension will continue to meet the board’s needs for the period concerned 14 iii. the member’s total period of appointment will not exceed 8 years. The statutory guidance on the Code states that 12.4 For reappointments, the ministerial decision to reappoint should be made and communicated to the board member or chair concerned no later than 13 weeks before the reappointment is due to end. This is a firm target date and failure to comply with it will be considered to be a failure to comply with the Code’s provisions. For full details of the Code’s requirements on reappointments, please click here.

General

The Code of Practice encourages Scottish Ministers to undertake activity during the appointments process to increase the diversity of Scottish public body boards. It states that B1 When considering any appointment activity, the Scottish Ministers will take into account the effectiveness of the board and how well it is functioning. They should consider the current composition of the board in terms of the attributes and the diversity of its membership. Attributes may include skills, knowledge, experience – including lived experience – values, perspectives, backgrounds – including socio-economic background and sector worked in – and geographical location. Diversity will be considered in relation to the protected characteristics of the current members, to the extent that that is known, in comparison with the protected characteristics of the population of Scotland or the region served by the board as appropriate. The Scottish Ministers will then determine what skills, knowledge, experience and other attributes are needed by the board for it to perform its statutory functions and to do so economically, efficiently and effectively.

The 2022 Code is also grounded in a commitment to the making of appointments that reflect Scotland’s diverse population. The Code outlines that it is in everyone’s interests that these important public bodies are led by people who have a diverse mix of the most appropriate skills, knowledge, experience and other relevant attributes, who act with integrity and commitment and who are reflective of Scotland’s geography, demography and breadth of backgrounds and insights. It is therefore important to the Commissioner to understand what some of the current barriers and challenges to appointment are, and what those barriers and challenges might be once in post.  This research seeks to understand the perspectives of those who have experienced the public appointments process and who are currently in post, and informs wider research into this topic being undertaken by the Commissioner which is outlined below. 

The Commissioner also has the statutory function of preparing and publishing a strategy for ensuring that appointments and recommendations for appointment are made by the Scottish Ministers in a manner which encourages equal opportunities. That strategy, Diversity Delivers, was first published in September 2008. The strategy included the following recommendation:

“A4. Research the impact of

  • board meeting times and arrangements
  • remuneration on the number and diversity of applications.”

Ahead of the Commissioner’s plans to refresh this strategy in 2025/26, it would be important for us to understand current accessibility concerns to board positions which board members/ aspiring board members face to better inform the future of Scotland’s public appointments diversity strategy. 

The Code also includes the principle of Respect, which states that "Applicants and ultimately the people appointed to boards are integral to the good governance of Scotland's public bodies. Applicants will be accorded the respect that they are due for their interest and their efforts and appointees for their contribution to public life." All candidates for a board appointment are required to pass a fit and proper person test. This includes ensuring that the "applicant agrees to apply the Principles of Public Life in Scotland and be bound by the Members' Code of Conduct for the body concerned."

Assessing whether board culture is aligned with the principles of public life in Scotland will assist us in understanding whether the application of the fit and proper person test has been applied effectively. We know from research conducted in other spheres and context that poor culture can also be a barrier to diversity.