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THE CRERAR REVIEW: THE REPORT OF THE INDEPENDENT REVIEW OF REGULATION, AUDIT, INSPECTION AND COMPLAINTS HANDLING OF
PUBLIC SERVICES IN SCOTLAND
The Report of the Independent Review of Regulation, Audit, Inspection and Complaints Handling of Public Services in Scotland (“Review Report”) was published on 25 September 2007. The review report can be read here.
Background
The report was the outcome of a review, led by Professor Lorne Crerar, following the announcement in June 2006 by the Minister for Finance and Public Service Reform that an independent review would be carried out into the regulation, audit, inspection (referred to as “external scrutiny”) and complaints-handling of public services in Scotland.
The review team was tasked with evaluating existing systems of regulation, audit, inspection and complaints-handling, with the aim of ensuring improvement in performance within public services, avoiding duplication and overlap, and addressing concerns about the expense of operating the current systems.
The review team took evidence from various ‘stakeholders’, received submissions and considered work already undertaken in this area by others. It suggested that the unique role of external scrutiny was to provide independent assurance that services are well-managed, safe and fit for purpose and that public money is being used properly. The focus of the review was on strategic issues, rather than the operation of existing individual scrutiny regimes. The systems-level issues considered included: application, focus, direction, leadership and control of external scrutiny, and complaints handling.
Conclusion
Overall, the review concluded that five key principles should govern the application and use of external scrutiny:
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Independence
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Public focus
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Proportionality
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Transparency
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Accountability
In respect of accountability of scrutiny bodies, the review noted the changes in accountability arrangements arising from the creation of the Scottish Parliament in 1999. The review report suggested a more pro-active role for the Parliament in the scrutiny process, as a means of strengthening democratic scrutiny, balanced against independence from the Scottish Ministers. It noted a need for a strong and appropriate duty on scrutiny bodies to be accountable to Parliament for their activities and use of resources, although it did not specifically address issues of independence from Parliament of bodies, the scope of whose powers cover the Scottish Parliament.
Recommendations
The review report makes 42 recommendations aimed at improving the role of scrutiny within the public sector. These recommendations include the following:
Public focus
The Scottish Government should work with external scrutiny organisations and providers, and consumer organisations to ensure greater public involvement in external scrutiny.
Performance management and self-assessment
The Scottish Government and Parliament should continue to support the development of robust performance management and outcome focussed self-assessment amongst service providers.
Features of a scrutiny system
There should be 2 stages in considering the application of scrutiny; firstly, a risk assessment against criteria stipulated by Ministers; and secondly, an assessment of the appropriate external scrutiny required.
Leadership
Decisions over whether to introduce new levels of scrutiny should rest with Ministers, Parliament or the Auditor General.
Accountability
There should be a revised model of accountability for scrutiny bodies where independence from Ministers is balanced by responsibility to Parliament. The current governance and reporting arrangements for scrutiny bodies should be adapted to allow scrutiny bodies to account to Parliament for the activities and use of resources.
Governance
All external scrutiny bodies should have one “status” to ensure clear lines of accountability and reduce the complexity of current governance arrangements.
Costs and impact of external scrutiny
The Scottish Government should arrange for Audit Scotland to produce cost and impact measures to enable comparisons between scrutiny regimes.
Reviews of scrutiny activity
Ministers should assess existing “cyclical scrutiny activity” against the Report’s recommendations, with the overall aim of reducing scrutiny activity. All future performance audits should be aligned with the strategic priorities set for external scrutiny by Ministers and the Parliament.
Improving co-ordination
An accessible common reporting language should be developed by scrutiny bodies making information more accessible. The Scottish Government and scrutiny organisations should also develop a website or portal where all planned scrutiny activity will be logged.
Local government
Ministers should appoint one body to co-ordinate scrutiny of local government.
Health
Resources should be reallocated from NHS QIS, health directorates and the Care Commission to an independent external scrutiny organisation.
Single national scrutiny body
A single national scrutiny body should be created in the long term, following the adoption of other recommendations in the review.
Complaints handling
The review report deals separately with the current arrangements for the handling of complaints about public services. The report concludes that the current system is overly complex and hard to navigate. The review report includes the following recommendations in relation to complaints handling:
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a standardised complaints-handling system should be introduced for scrutiny organisations and service providers in all public services; and
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the Scottish Public Services Ombudsman should oversee all public service complaints handling processes.
Parliamentary consideration of the report
On 3 October 2007, the review was debated in the Scottish Parliament. The Cabinet Secretary for Finance and Sustainable Growth, John Swinney, moved the motion that Parliament should commit to joint-working with the Scottish Government on relevant recommendations. He indicated that the Scottish Government would consider carefully the review before returning to the Parliament with further proposals to take forward the conclusions of the report. The full debate can be read in the Official Report.
Further information
For further information on the review report or for advice on any other public law matters, please contact the Parliamentary and Public Law Unit on 0131 625 7296
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