SECTION 13

EMPLOYMENT POLICIES

13.1 The SPCB Smoke-Free Policy
13.2 Policy On Substance Abuse
13.3 Data Protection Policy In Relation To Employee Information
13.4 Public Interest Disclosure Policy
13.5 Policy On The Use Of The Internet, E-mail And Other Business Communications Systems

13.6 Policy on Filling Temporary Vacancies

SECTION 13.1

ANNEX TO THE SPCB SMOKE-FREE POLICY

You can find out more about smoking and obtain support if you are trying to give up from:

• Your doctor

• The Scottish Parliament’s confidential Counselling Service on 0800 032 4021. The Counselling Service can offer general advice and support if required.

• Smokeline (0800 848 484). This is a Freephone counselling service provided to give help and advice to smokers who are trying to give up. The line is available from 12noon to 12midnight 7days a week. You will also be offered a helpful step by step guide on how to give up smoking.

• Quit is an independent charity whose aim is t help smokers to stop. They have a telephone helpline (0800 00 22 00) and website (www.quit.org.uk). You can also contact them by e-mail (stopsmoking@quit.org.uk).

• The “health” section of the BBC website also contains some useful advice and contact information (www.bbc.co.uk/health).

• ASH, Action on Smoking and Health (Scotland), on 0131 225 4725 (website: www.ash.org.uk) can also provide general information on giving up smoking.

SECTION 13.2

POLICY ON SUBSTANCE ABUSE

1. The SPCB is committed to providing a safe and healthy working environment for all staff. Part of this commitment will include minimising the risks caused by alcohol and or drug consumption or dependency. The SPCB also has a legal responsibility to ensure, so far as is reasonably practicable, the health, safety and welfare of staff. Individual members of staff are also responsible for taking reasonable care of themselves and others who could be affected by what they do at work. This policy has been developed with these commitments and legal responsibilities in mind.

2. The SPCB recognises such dependency as an illness that can seriously affect the health and work performance of any individual in terms of safety, efficiency, productivity and attendance. It also recognises the effects that it can have on work colleagues. We will take full account of the terms of the Disability Discrimination Act, 1995 in the operation of this policy.

Who is covered by this policy?

3. This policy applies to all SPCB staff, those on secondment from other organisations and contractors.

What is the policy?

4. The principles of the SPCB’s policy on substance abuse, which includes the use of illegal drugs, misuse of legal drugs or other substances such as solvents or alcohol, are that:

· You must not present yourself for work under the influence of alcohol or drugs. Under the influence means that there is a sufficient amount of substance in your system to demonstrate that your performance is impaired or that you are likely to pose a risk to others.

· You must not consume alcohol in the office during normal working hours unless you have the prior agreement of your Head of Office. The Head of Office may agree to this if, for example, a small celebratory drinks party was being held to commemorate someone’s retirement.

· When you are performing a representational role or if you can be identified as a parliamentary employee, either internally, this includes the bar in Holyrood, or at external functions, we expect you to take a mature and responsible attitude towards the consumption of alcohol.

· You must not have or sell illegal drugs whilst on duty and / or on our premises. This is a criminal offence under the Misuse of Drugs Act 1971 and anyone caught in this position will be reported to the police and will also be charged with gross misconduct. If the charge against you is well founded, you may be dismissed without notice. If we have reasonable grounds to suspect that you are in possession of illegal drugs, we reserve the right to search you or your work area, including your desk, pedestal, cupboards, locker, bags, and car if it is on our premises.

· Neither must you sell on prescription drugs whilst on duty and / or on our premises. Anyone caught doing so will be charged with gross misconduct and, if the charge against you is well founded, you may be dismissed without notice.

· If you take any drugs at work, with the exception of over the counter remedies, which have not been prescribed to you on medical grounds, you will, in the absence of any mitigating circumstances, be charged with gross misconduct. If the charge against you is well founded, you may be dismissed without notice.

· We recognise that prescription and over the counter remedies can also have an effect on your performance at work. If you are in any doubt, you should discuss any possible effects with your GP. If there are any such side effects, you should inform your line manager so that we can take these into account and adjust your duties if necessary.

What does “if your performance is impaired” mean?

5. Your performance is impaired if you cannot carry out your duties to the standard that is normally required for your job. However, other things may have an effect on your performance at work, for example, if your breath smells of alcohol. The smell of alcohol on your breath will affect people’s views, not only about you, but also about our organisation. Work and alcohol are not a good mix.

What happens if I breach the policy?

6. If you are employed by the SPCB, we will provide all of the support mechanisms described in this policy. This may include a compulsory referral to our Occupational Health Service provider in order to draw up and agree an assistance programme, if necessary. If you are on secondment from another organisation or a contractor, the responsibility lies with your own employer to provide support and assistance. Accordingly, if you breach this policy, we will let your employer know so that they might take any necessary action. This may result in our terminating the secondment etc arrangements.

What are the signs of substance abuse?

7. Signs of substance abuse that you might look for include:

· Sudden mood changes

· Unusual irritability or aggression

· A tendency to become confused

· Abnormal fluctuations in concentration and energy

· Impaired job performance

· Poor timekeeping

· Increase short term sickness absence

· A deterioration in relationships with colleagues or members

· Any behaviour which may indicate the need to finance an expensive habit.

Remember all the signs shown above may be caused by other factors such as stress and should be regarded only as indicators that an employee may be misusing drugs, solvents or alcohol.

Why should I be aware of such signs?

8. The SPCB’s policy is primarily to provide support to staff who have a substance abuse problem. It is important, therefore, that if a member of staff is showing any signs of substance abuse, the appropriate support structure is put in place at the earliest possible time.

What can I do if I suspect that someone has a substance abuse problem?

Line Manager

9. Line Managers are often best placed to spot problems related to substance abuse. If you are the person’s line manager you should discuss it with him or her privately. You should take time to establish whether or not there is a substance abuse problem. If there is, then you should encourage the individual to self-refer to the Personnel Manager who will put in place the support mechanisms set out in paragraphs 11 and 12 below. If the individual refuses to self-refer, or if they fail to self-refer within 5 working days, then you must report the matter to the Personnel Manager who will take this forward as a compulsory referral as set out in paragraphs 13 to 16 below. We will let you know what the agreed programme is and keep you up to date with progress.

Colleague

10. Colleagues are often the first to know that someone has a problem with substance abuse. Although there is often an instinctive desire to cover up for someone, this does nothing to help them. You may feel able to discuss it with him or her privately. If you do and if the person recognises that they have a substance abuse problem, you should encourage him or her to self-refer to the Personnel Manager who will put in place the support mechanisms set out in paragraphs 10 and 11 below. If he or she does not recognise that there is a problem then you should tell them that you will raise your concerns with their line manager so that help can be arranged.

What do I do if I want to self refer?

11. If you think that you need help, you should contact the Personnel Manager who will arrange for you to meet with someone from our Occupational Health Service provider. The reason for this meeting will be to draw up and agree an assistance programme.

What is an assistance programme?

12. An assistance programme will be tailored to your own individual circumstances but may involve referral to an outside agency. Any absences from work to attend counselling sessions or rehabilitation programmes will be treated as sick absence.

What if I don’t want to self refer?

13. We will provide the same support and assistance as described in paragraphs 11 and 12 above but this will be done as part of our disciplinary procedures if there are no mitigating circumstances. Any action we take will take account of the Disability Discrimination Act.

What if I don’t follow the assistance programme?

14. If you have self referred and you do not follow the programme, you will be warned under the disciplinary procedures that failure to participate or to abide by the assistance programme will result in you being charged with gross misconduct. If the charge against you is well founded you may be dismissed without notice.

15. If you have been referred on a compulsory basis and you do not follow the programme, you will be charged with gross misconduct. If the charge against you is well founded you may be dismissed without notice.

What if I complete the programme and have a relapse?

16. If you do have a relapse, we will seek medical advice to find out how much more treatment/rehabilitation you will need to make a full recovery. We will consider each case on its own merits and on the basis of how likely it is that you will make a full recovery.

Where can I find help?

17. You can contact our free confidential counselling service by telephoning 0800 032 4021. You will find sources of external information and assistance in the attached Annex.

ANNEX

SOURCES OF EXTERNAL INFORMATION AND ASSISTANCE

YOUR DOCTOR

ALCOHOL CONCERN

Waterbridge House

32-36 Loman Street

London

SE1 0EE

Telephone: 020 7928 7377

Fax: 020 7928 4644

E-mail: contact@alcoholconcern.org.uk

Website: www.alcoholconcern.org.uk

ALCOHOL PROBLEMS CLINIC

Outpatient Department

35 Morningside Park

EDINBURGH

EH1O 5HD

Tel No: 0131 537 6790/6577

E-mail: jcheck@compuserve.com

Outpatient assessment; In and outpatient detoxification: In and outpatient groups; Telephone and one to one counselling; Home visits; Social work support.

SCOTTISH COUNCIL ON ALCOHOL

2nd Floor, 166 Buchanan Street

GLASGOW

G1 2NH

Tel No: 0141 333 9677

Can provide information about local councils on alcohol and literature about sensible drinking.

EDINBURGH & LOTHIAN COUNCIL ON ALCOHOL

6 Clifton Terrace

EDINBURGH

EH12 5DR

Tel No: 0131 337 8188

Telephone service information; One-to-one and group counselling; Help for those with alcohol problems and their families.

GLASGOW COUNCIL ON ALCOHOL

First Floor, Bristol & West House

82 Union Street

GLASGOW

G1 3QS

Tel No: 0141 226 3883

As for Edinburgh and Lothian.

CITY OF EDINBURGH

Department of Social Work

Shrubhill House

Shrub Place

EDINBURGH

EH7 4PD

Tel No: 0131 554 4301

Information about self help and voluntary groups; direct counselling and assistance to those with alcohol problems and their families.

CITY OF GLASGOW COUNCIL

871 Springfield Road

GLASGOW

G31 4HZ

Tel No: 0845 345 4600

As for City of Edinburgh.

HEALTH EDUCATION BOARD FOR SCOTLAND

Woodburn House, Canaan Lane

EDINBURGH

EH10 45T

Tel No: 0131 536 5500

Website: http://www.hebs.scot.nhs.uk

Provides telephone information services giving information about self-help and voluntary groups; information on counselling services throughout Scotland.

LIBRA - WOMAN AND ALCOHOL SERVICES

4 Norton Park

EDINBURGH

EH7 5RU

Tel No: 0131 666 0111

Provides help for women concerned about their drinking and help for those affected by someone else's drinking (telephone counselling, one-to-one counselling, information service and referrals).

ALCOHOLICS ANONYMOUS

Scottish Service Office

Baltic Chambers

Wellington Street

GLASGOW

G2 6HJ

Helpline: 0845 769 7555 (24 hours)

Tel No: 0141 226 2214

Telephone numbers in local phone books. Provides support groups for problem drinkers and their families.

EMPLOYEE COUNSELLING SERVICE

8 Floor, Savoy Tower

77 Renfrew Street

GLASGOW

G2 3BZ

Tel No: 0141 332 9833

Provides a service to both employees and employers.

DRINKLINE

P.O. Box 4000

GLASGOW

G3 8XX

Freephone: 0800 917 8282

Advice and information for people with alcohol problems or anyone concerned about alcohol misuse. Provide advice on sensible drinking and information on services to help people cut down on their drinking. Leaflets and literature available.

CITIZENS' ADVICE BUREAUX

Details in local phone books.

THE SAMARITANS

Telephone numbers in local phone books.

NATIONAL DRUGS HELP LINE

Tel: 0800 77 66 00 – free confidential advice, 24 hours a day.

DRUG MISUSE INFORMATION SCOTLAND

Website: www.drugmisuse.isdscotland.org

Website providing information, statistics and research on drugs misuse in Scotland and information on organisations which can provide advice and support.

DRUG PROBLEMS – Where to get help in Lothian

Central Edinburgh

Community Drug Problem Service

Simpson House

Tel No: 0131 537 8345 / 0131 225 1054/6028

North West Edinburgh

Community Care Resource Team

Tel No: 0131 553 8399

North Edinburgh Drug Advice Centre (NEDAC)

Tel No: 0131 332 2314

Wester Hailes

West Edinburgh Support Team (WEST)

Tel No: 0131 442 2465

South East Edinburgh

Castle Project (Craigmillar)

Tel No: 0131 669 0068

Greater Liberton Drugs Project

Tel No: 0131 664 2839

West Lothian

Drug and Alcohol Service

Tel No: 01506 430225

Mid and East Lothian

Mid & East Lothian Drugs (MELD)

Tel No: 0131 660 3566

Support Groups

Circles Project

Tel No: 0131 554 7516

Family Support Network

Tel No: 0131 225 8500

Simpson House Family Support Group

Tel No: 0131 225 1054/6028

Information

Scottish Drugs Forum (Lothian)

Tel No: 0131 228 2225

Scottish Drugs Forum (Glasgow)

Tel No: 0141 221 1175

Website: www.sdf.org.uk

SECTION 13.3

DATA PROTECTION POLICY IN RELATION TO EMPLOYEE INFORMATION

Data Protection Principles

1. As an employer, the Scottish Parliamentary Corporate Body (SPCB) recognises the importance of safeguarding personal privacy when dealing with information about its staff. Our policy is to comply with the Data Protection Act 1998 ('the Act') in all respects. The Act requires us to inform you what data we hold on you and the purposes for which this data might be used. Additionally, the Act requires us to process your[i]personal data in accordance with the following data protection principles:

· Personal data will be[ii]processed fairly and lawfully.

· Personal data will be obtained only for specified and lawful purposes, and will not be further processed in any manner incompatible with those purposes.

· Personal data will be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

· Personal data will be accurate and, where necessary, kept up to date.

· Personal data shall not be kept for longer than is necessary for the purposes for which it is obtained.

· Personal data shall be processed in accordance with the rights of individuals.

· Appropriate measures will be taken against unauthorised or unlawful processing of personal data and against its accidental loss, damage or destruction.

· Personal data shall not be transferred to a country outside the European Economic Area without the consent of the data subject unless that country or the transferee is deemed to ensure an adequate level of protection for the processing of personal data and teh rights and freedoms of data subjects.

Why do we hold personal data about workers?

2. We collect, maintain and process personal data about employees to enable us to conduct our business, in particular our payroll and personnel functions. We also process personal data to enable us to comply with legal and tax requirements.

To whom might we disclose personal data?

3. We supply personal data to:

· Individuals who are legally entitled to the information.

· Those who provide us with electronic data processing services, technical initiatives of benefit to the SPCB, or other professional or management services such as payroll administration, insurance, health or legal services.

· Any authority which we are required by law to disclose personal data to (for example, the Inland Revenue, the Health and Safety Executive etc).

· Anyone to whom we are otherwise required to disclose it, such as employees seeking access to their own personal data.

Publication on the Internet

4. Generally, the only personal data which would be on the Parliament’s internet web site is the name, job title, functions, and contact information of staff. This limited information is to enable the public to access appropriate offices in accordance with the policy to be open and accessible. No additional information will be supplied which could lead to the physical identification of individuals. This will ensure that personal data which is accessed on-line is limited in nature.

Sensitive personal data

5. Certain information about you is regarded as "sensitive personal data" under the Act. We can only process such data under strict conditions. Sensitive personal data may only be processed if:

· the individual has given explicit consent to the processing of the data; or

· one of the other[iii]conditions set out in the Act applies to the processing.

Sensitive personal data includes any data revealing:

· your racial or ethnic origins;

· your political opinions;

· your religious beliefs or other beliefs of a similar nature;

· your membership or otherwise of a trade union;

· your sexual life;

· your physical or mental health or condition;

· the commission or alleged commission by you of any offence, or

· any proceedings or sentence imposed for any offence committed or alleged to have been committed by you.

6. It is our policy at all times to keep any sensitive personal data we hold and process to a minimum. Unless we are permitted to do otherwise under the Act, we will also obtain your explicit consent before such data is processed. We may require to process sensitive personal data for the following purposes:

· in relation to your physical or mental health or condition for the purpose of maintaining sickness information and records relevant to your employment; 

· for equal opportunities monitoring; and 

· for any other purpose that is necessary to aloow us to comply with our statutory obligations. 

 

If we wish to carry out any additional processing which is not otherwise permitted under the Act, we will first obtain your explicit consert to the processing. 

Security of personal data

7. The SPCB will ensure that adequate technical and organisational security measures are taken so that privacy is preserved whenever and wherever processing of personal data (including sensitive personal data) takes place. This is achieved by observance and regular review of our exisiting Security and IT Security Policies.

Access to personal data

8. All staff are entitled to reasonable access to their own personal data to verify it and put right any inaccuracies. The Personnel Office aims to achieve an annual issue of data to all staff for the purposes of updating and correction. If you wish to access your personal data at other times, you should submit a written application (commonly referred to as a "subject Access request") to the Head of Personnel describing the information that you seek. We will then process your subject access request in accordiance with the Act. Please note that there are certain types of information that are exempt from this general right of subject access and which we may not disclose to you.

Updating personal data

9. We wish to ensure that personal data is kept accurate and up to date. If you feel that your personal data may be inaccurate please contact Becky Northover in the Personnel Office to discuss the matter further.

Updating the policy

10. This policy may be updated from time to time to take account of changes in technology and to reflect our legal obligations.

Misuse of employee data

11. It is an offence under the Act for employees to disclose the personal data of others to third parties or procure the disclosing of such personal data to third parties without the consent of the SPCB. Any misuse of personal data by employees will be treated extremely seriously and may constitute a disciplinary offence under the disciplinary procedure. If you are concerned about a request to disclose any employee information please contact the Data Protection Officer on ext 86913.

Freedom of Information Act (FOI).

12.         As a Public Authority, the SPCB is subject to requests from private individuals under the terms of the Freedom of Information Act (FOI) and it has a legal duty to comply within the rules of that Act.

13.         Amongst other things, such requests may call for the disclosure of personal data about staff.  The SPCB will apply the principles of the Data Protection Act to each request and the level of disclosure will be decided on its merits.  You should be aware, however that the Information Commissioner can review and overrule any decision on the part of the SPCB to withhold information.   

14.         The SPCB will inform and / or consult staff on certain FOI requests.  The circumstances under which staff will be informed or consulted are: 

15.         The criteria suggested here relate only to the circumstances in which the SPCB will inform and / or consult you about FOI requests.  While the SPCB will take into account your views about whether or not information should be disclosed, it will take decisions on the basis of the circumstances of each individual request and in the light of any relevant case law.

How to obtain further information

16. You have certain statutory rights concerning the provision by us of information regarding the manner in which we store and process your personal data. If you wish to raise an issue relating to your personal data or data protection, please contact the Data Protection Officer on ext 86913.

17. The rights that you have under this policy do not affect any rights that you may have under the Data Protection Act 1998 or any other Act, rules or regulation.

SECTION 13.4

PUBLIC INTEREST DISCLOSURE POLICY

Introduction

1. The Public Interest Disclosure Act 1998 allows individuals to disclose certain issues to particular external parties where there is good reason to believe that internal disclosure will not be taken seriously or will cause the individual making the disclosure to be penalised in some way. However, the SPCB is committed to dealing responsibly, openly and professionally with any genuine concern and encourages you to discuss your concerns internally wherever possible by reporting any wrongdoing or malpractice within the Parliament which you believe has occurred or is likely to occur.

2. The aim of this policy is to ensure that you are fully aware of the sorts of matters which you should report and the reporting procedure you should follow.

Scope

3. This policy applies to all staff engaged by the SPCB to work within the Parliament. This includes staff directly employed by the SPCB, staff on secondment from other organisations, agency workers and other temporary staff.

Protection and Confidentiality

4. We will not tolerate any detrimental treatment of anyone raising a genuine concern under this policy. You have our assurance, therefore, that you will be offered protection if you raise any concern. We accept that you may wish to raise your concern in confidence. If you ask us to protect your identity by keeping your confidence, we will not disclose it without your consent unless we are required to do so by law[iv]. You should be assured that any matter that you report under this procedure will be taken extremely seriously and will be fully investigated. If the situation arises where it is not possible to resolve the concern without revealing your identity, we will discuss with you whether and how we can proceed.

Reporting Wrongdoing or Malpractice

5. It is the responsibility of everyone to ensure that appropriate, reasonable and timely action is taken in relation to any concerns of wrongdoing or malpractice raised that could expose the SPCB to loss or liability. We would encourage you to report any situation or matter which, you reasonably believe, might show that one or more of the following has occurred, is occurring or is likely to occur in the future:

- a criminal offence;

- a failure to comply with a legal obligation;

- a miscarriage of justice;

- a danger to the health and safety of any individual;

- damage to the environment;

- a deliberate cover-up of any of the above matters;

- *a serious act of misconduct (examples of which are set out in Section 5 of the Parliamentary Staff Handbook);

- *a serious breach of our conduct rules (these are set out in Section 4 of the Parliamentary Staff Handbook); or

- *a serious breach of the Members’ code of Conduct and the Members’ Interest Order.

6. This reporting procedure should also be followed if you feel that you have been asked to do something which you believe to be improper or unethical or would result in you being implicated in any of the matters listed above. Please note that those marked with an asterisk are not covered by the protections of the Act, although we will treat them as if they were if raised internally.

How to Raise a Concern Internally

7. As soon as you become aware of any matter of the type listed above, or if you wish to confirm whether it is a matter which should be raised, you should speak with your Head of Office or, informally, with the Head or Deputy Head of Personnel. If the potential complaint is against an MSP, the Standards Committee Clerks will also be happy to provide informal advice.

8. If you decide to raise the matter under the policy, you should then report it immediately to the Head of Personnel or your Director, if you prefer. Again, if the matter concerns a member, you should report it to the Standards Committee Clerk and to the Head of Personnel or your Director. You may raise these concerns either orally or in writing. You are reminded, however, that e-mail is not an appropriate medium for transferring confidential information.

9. It is very important for you to report promptly any of the matters referred to above in order to assist the SPCB in upholding its high standards and to help prevent the concealment or destruction of evidence which we might need to review.

10. Once you have told us of your concern, we will look into the matter and make an initial assessment of what action should be taken. This might involve an internal inquiry or a more formal investigation. We will tell you who is handling the matter, how you can contact them and whether your further assistance may be needed. Subject to any legal constraint, we will keep you informed of the progress of the investigation and its outcome. You have an assurance that the matter will be dealt with promptly and within a reasonable time.

11. Although, for obvious reasons, we would not encourage matters to be raised on an anonymous basis, these will still be investigated. Anonymous disclosures are very rarely helpful since the reliability of the disclosure cannot always be readily tested.

How to Raise a Concern Externally

12. It should only be in exceptional circumstances that it should be necessary for you to raise a concern externally. It is accepted however that you may disclose information to a legal adviser in the course of obtaining legal advice. Provided the disclosure is made in good faith and you believe it to be substantially true, you may also disclose information to one of a number of prescribed “supervisory persons “ that protected disclosures may be made to under the Act – such as the Health & Safety Executive for health & safety matters, the Scottish Environmental Protection Agency of environmental matters, etc.

13. You should seek independent advice before raising concerns externally so that you can be advised on whether the proposed disclosure may be protected under the Act. Such advice can be obtained from the charity:

Public Concern at Work

Wellpark Enterprise Centre

120 Sydney Street

Glasgow

G31 1JF

Telephone: 0141 550 7570

Advice Line: 0141 550 7572

Website: www.pcaw.co.uk

14. You can be assured that no one who reports any concern under this policy in good faith will suffer any detriment for coming forward, regardless of whether or not the concern is ultimately substantiated. Victimising staff for or deterring them from raising a concern under this policy is a disciplinary offence and will be dealt with under the disciplinary procedures (see paragraph 17 below).

15. The SPCB encourages disclosures made in good faith. However, you should be aware that disclosure to the media or to non-prescribed persons will not usually be protected unless there are extreme circumstances and that non-protected disclosures may lead to disciplinary action being taken against you (see paragraphs17 and 18 below).

How We Will Handle Alleged Detriment

16. If you believe that you are being victimised by or suffering any detriment from someone from within the Parliament as a result of reporting a concern or assisting us in any investigation, you must inform the Head of Personnel immediately and appropriate action will be taken to protect you.

Disciplinary Action

17. Disciplinary action will be taken against anyone who:

deliberately makes false or malicious allegations;

makes disclosures for personal gain;

makes a non-protected disclosure (see paragraph 5 for a list of those disclosures which are protected) without exhausting the internal procedure;

victimises anyone for raising a concern or making a disclosure under this policy;

inappropriately deters anyone from making a legitimate disclosure.

Such conduct will be treated as gross misconduct and may lead to dismissal.

18. Where, following investigation, a disclosure is substantiated, disciplinary action in terms of the Disciplinary Procedures may be taken against the person who is the subject of the disclosure.

Guidance on Specific Issues

19. This policy is designed to allow a channel for serious issues of a public interest (i.e. inappropriate or illegal use of public resources) to be raised. It should not be used for concerns of any other nature which you feel have a particular negative impact on you and for which the normal grievance or other appropriate procedure should be used. Examples of other appropriate procedures are:

the procedure for making a complaint about an equalities issue which is set out in the Equality Framework; and

the procedure for reporting a suspected fraud which is set out in the SPCB’s Fraud Prevention Policy Statement – Finance Guidance Note 2(2002).

20. Further guidance will be issued to staff on specific issues, for example guidance during an election, at the appropriate time.

Enquiries

21. If you have any enquiries about this policy, please contact the Personnel Office.

SECTION 13.5

POLICY ON THE USE OF THE INTERNET, E-MAIL AND OTHER BUSINESS COMMUNICATIONS SYSTEMS

Scope

1. This policy applies to all SPCB staff, staff on secondment and contractors who are authorised to use the SPCB’s internet, e-mail and other business communications systems. Any references to an "employee" or "staff" shall include staff on secindment and contractors who have been issued with a user account.

Principles on the use of the internet and e-mail systems

2. The principles under which you are authorised to use the Internet and e-mail systems are as follows:

- The Internet and e-mail are business systems. The SPCB requires that all use of the systems by you is primarily for business purposes.

- However, you may use the systems for limited non-business use if you do so in your own time, for example during your lunch break of before or after work provided you observe the terms of this policy.

- You may also use these systems for personal purposes in the same way that short, important, personal telephone calls are allowed (see paragraphs 30 to 33 below).

- The SPCB may monitor and record the use of the internet and any e-mails which are transmitted over its computer system for the reasons set out in paragraphs 27 to 29 below. This means that you must not expect to have total privacy in respect of any messages you send or receive or in your use of the internet.

- All internet and e-mail use is automatically recorded by the IT systems and through these logs, use can be attributed accurately to individual users. Normally we will only interrogate these logs for the reasons set out in paragraphs 27 to 29 below. However, in line with ICT security best practices, the SPCB reserves the right to review these logs to ensure adherence to this policy.

- You are required to comply with this policy at all times. The consequences of failing to comply with the policy are set out in paragraphs 35 to 38 below. For SPCB staff this means that all breaches in this policy will be dealt with under the SPCB’s disciplinary procedures.

- You must also observe the terms of the Parliament’s Equality Framework when using these systems.

- Since the technology and law in this area are subject to change, this policy will be updated from time to time. The SPCB will bring any updated policy to your attention before it is introduced.

Commercial and legal effects of e-mail

3. The commercial and legal effects of sending and receiving e-mails are the same as any other form of written communication. The style, tone and content of e-mails have a direct effect on the way the SPCB, and indeed the Parliament itself, is perceived by others. E-mails can contractually bind the SPCB and any commercial advice, opinion, guarantee, representation or other statement contained in an e-mail may be relied upon by third parties.

4. You must not, therefore, send e-mails which make representations, contractual commitments or any form of legally binding statement concerning the SPCB unless you have specific authority to do so.

5. It is your responsibility to ensure that appropriate records are retained in accordance with our corporate records retention schedule, including records of any commercial or legally binding e-mails which are sent in the course of SPCB business.

Security

6. You are responsible for any action carried out under your IT account. To avoid misuse, you should lock your workstation when away from your desk and you must never divulge your password to anyone. You should also ensure that you log out of your account when you are finished. You should never attempt to log on to, or use a network account that is not yours.

7. Internet e-mail is not a secure means of transmitting information. It can be intercepted or can be sent to the wrong person or organisation. It can easily be copied and widely distributed. You should be aware of these hazards when you send emails. The Security & Virus Protection Guide, issued by the Business Information Technologies Office provides details on this.

8. If it is necessary to send such sensitive information internally, you must ensure that it is sent as securely as possible by using the password protect facility. You must bear in mind however, that this method is not totally secure and must only be used sparingly. You must also be aware that this facility is not compatible with the SPCB’s virus checking software and you should not use it with any external e-mails. 

9. All e-mails that are sent from the SPCB system automatically contain the disclaimer set out in Annex 1. You must not delete, alter or otherwise interfere with the automatic disclaimer.

Viruses

10. Viruses can be introduced into the SPCB network or transmitted to a third party’s system by sending and receiving e-mail and by using the internet. The deliberate introduction of a virus onto a third party's computer systems may be a criminal offence. Accidental introduction of viruses onto a third party's computer system may, in certain circumstances, give rise to a claim against the SPCB by that third party. You must take all reasonable steps to ensure that no viruses are transmitted by you to any third parties and to ensure that you do not knowingly allow a virus to affect the SPCB computer systems. Guidance and advice is available from the IT Helpdesk.

11. All e-mail transmitted via the SPCB network is automatically scanned for viruses whether it is being sent or received. Since a virus may, nevertheless, slip through, please beware of all unsolicited e-mails and e-mails from unknown sources. If you have any reason to be suspicious, contact the IT Helpdesk for assistance before opening the message or attachment. If in any doubt, do not open or run any attached file.

12. From time to time, you may receive e-mails warning of computer viruses, encouraging you to forward the e-mail on to others. These are usually hoax messages designed to overload computer systems. If you receive such a message, please do not forward it on but contact the IT Helpdesk immediately.

Unauthorised Use

13. Unless strictly necessary for proper conduct of your duties, e-mail and the internet must not be used for the creation, transmission, downloading, browsing, viewing, reproduction or accessing of any image, material or other data of any kind which:

- is illegal;

- is unacceptable to the SPCB, including but not limited to:

- sexually explicit messages, images, cartoons, jokes, or any other material of a sexual nature, (including nude or partially dressed men or women);

- malicious gossip or inappropriate personal information about others;

- inappropriate emotional responses to others, for example e-mails that contain an aggressive or abusive tone and/or content;

- anything which may harass, provoke, demean, degrade, threaten, victimise or discriminate against anyone else or a group of people, particularly on grounds of gender, gender identity, sexual orientation, marital, family or part-time status, racial group (including colour, race, nationality, national or ethnic origin), religion, disability, age or trade union membership/non membership/activities or political belief;

- material which involves the use of chat-rooms, blogs and instant messaging;

- material which involves the inappropriate use (registering and posting) of chat-rooms, newsgroups or bulletin boards or forums;

- material which is, or is potentially, defamatory;

- material which is, or is likely to introduces viruses, worms, Trojan horses, or other unauthorised software into the SPCB’s computer system (see paragraphs 10-12 above);

- material which is concerned with your own commercial enterprise or conflicts with the interests of the SPCB;

- materials which may be of embarrassment to the SPCB, or the Parliament generally, such as making insulting or untrue statements about a company or its employees, products or services, which could then be reported as the SPCB’s or the Parliament’s official opinion; or

- material which unnecessarily disrupts the work of colleagues.

14. This list is illustrative and not exhaustive. If you have any questions as to whether a particular activity is/is not permissable, you should ask the IT Helpdesk before acting. You should also note that the prohibitions in this policy still apply even if the material is located on a part of the systems which is personal or password protected.

15. It is also clear that bullying and harassment can occur by electronic means (see Dignity at Work Policy within the Equality Framework) and that such behaviour is not determined solely on the content of such correspondence. The tone or style used when writing e-mails is also extremely important. All users must ensure that they avoid using a bullying tone or style when sending correspondence electronically.

16. These restrictions on the use of e-mail and the internet apply to both business (unless otherwise stated) and personal use. The SPCB considers that it is important that all use is restricted in this way to avoid disruption in the workplace and embarrassment, distress or offence to others. Remember that what is offensive material is determined by the effect on the recipient, not how it is regarded by the sender.

17. It may not always be possible to avoid receiving unacceptable e-mails from others. If you receive such material you should delete it. If the sender is someone you know, you should ask them not to send such material in future. If you do not know the sender, you must not reply to the e-mail, rather you should contact the IT Helpdesk (86100), for advice. If the e-mail is from within the Parliament, but not from someone you know, you should report the matter to your line manager who may wish to raise it at a higher level or with the Personnel Office.

18. It is also possible to enter internet sites carrying offensive material by accident, for example sites that contain pornographic, derogatory, defamatory or obscene material. If you enter such a site, such access will not be considered a breach of this policy if you immediately close your browser and report the matter to the IT Helpdesk, who will register the incident to ensure no further action is taken. 

19. You must not create, transmit, download or reply to chain letters, junk mail or unsolicited commercial or advertising materials. If you receive such e-mails you should be delete them immediately and they should not be forwarded on to anyone else, either externally or internally. If the e-mail is unsolicited, do not click on any "unsubscribe" link as this may simply confirm to the sender that your e-mail account is active.

20. You are not permitted to download any software, audio files, games etc. from the internet or to install or use any unauthorised software or hardware from home to use on the SPCB network unless such activity it has been approved by BIT. If you require any particular business related software, please submit an IT Work Request, with a full business case, detailing why the software is required.

21. You must not access or attempt to access anyone else’s e-mail account without their permission. In emergency cases the appropriate Head of Office may request a password reset on a member of their staff’s IT account and the Head of Office will be notified of the temporary password to allow him or her to access the account.

22. You must not use e-mail or the internet to impersonate others or to forge messages or e-mail addresses. Where a message is sent on behalf of another person the message should make it clear that this is the case and should identify the writer and the sender.

23. You must not browse, access or use any internet site in any manner which breaches its published terms and conditions or download or store any material without reading and complying with any copyright or license restrictions. In addition, you must not store any copyright material (e.g. audio or video files) on Parliament ICT systems if it is not directly related to the business of the Parliament.

24. You must not use information feeds (an internet site that provides automatic updates of selected information from a variety of sources, e.g. news pages) unless for legitimate business purposes. For example, a legitimate business purpose might be for the Personnel Office to have automatic updates from a site that provides an information service on employment issues.

25. Any unauthorised use of the SPCB’s business systems may lead to the sanctions set out in paragraphs 34 to 37 below being imposed.

Additional Guidance on the use of E-Mail

26. When using e-mail SPCB staff should observe our e-mail best practice policy and the guidance for issuing Systems Admin/Global e-mails set out under Procedures and Guidance on SPEIR in particular, “Think E-Mail”. You must also remember the following:

- E-mail is a form of written communication. The corporate standards that apply to internal memos and external letters should be observed when sending e-mails.

- Contents of the e-mail system are archived regularly, making it difficult for individuals to access old messages in the “In” and “Out” boxes. You should file all essential sent and received e-mails in a structured way in appropriate personal folders or ‘H’ drive folders on the server to create a permanent record for ease of retrieval and delete all other messages (which do not require to be retained) on a regular basis.

Privacy and Monitoring

27. It is not the SPCB’s intention to routinely monitor and record routinely any e-mails which are transmitted over the SPCB’s computer system or your use of the internet, including the nature of material downloaded from the internet. However, this data is automatically logged by the IT systems and we may, from time to time, monitor the systems for the following purposes:

- to ensure the SPCB’s practices, policies and procedures are being followed;

- to investigate or detect the suspected unauthorised use of the SPCB’s computer system;

- to secure the effective operation of the SPCB’s computer system; or

- for the purpose of preventing or detecting crime.

28. If you are absent from work, or in the event of an emergency it may be necessary to check your in-box to ensure that mail items are dealt with appropriately in your absence. This will only be done if authorised by your line manager in writing to the IT Helpdesk. E-mails which are clearly personal or private will not be checked unless we have your prior permission.

29. This policy will be operated in line with the SPCB’s Data Protection Policy in relation to employee information.

Use of Office Telephones

30. The SPCB recognises the occasional need to make short, important, personal telephone calls using its network. In the case of SPCB staff this is allowed so long as this does not interfere with the completion of work or disturb colleagues. No one, however, may make personal use of international calls, unless:

they are working abroad and have come to an arrangement with their line manager; or

they make arrangements to reimburse the cost of the calls.

Use of other Business Communications Systems

31. If you have been supplied with a mobile ‘phone, you may only use it for personal calls:

if you have reached an agreement with your line manager as to what are reasonable personal calls; or

if you inform your cost centre manager and make arrangements to reimburse the cost of these calls, if they amount to more than £5:00.

32. You may also use the fax system for personal use, again, provided you make arrangements to reimburse the cost.

33. You may not, however, under any circumstances, use the SPCB’s postage or stationery for personal purposes.

Breaches of the Policy

34. SPCB staff who breach this policy will be dealt with under the disciplinary procedures. Depending on the severity of the offence, a breach which is considered a minor offence, for example circulating a chain letter, will be dealt with by local line management as set out in Section 5.1 paragraph 1 of the Staff Handbook. A repetition of a minor breach or a more serious breach will be dealt with by the Personnel Office. If the breach is considered to be gross misconduct, the penalty will normally be summary dismissal without notice or compensation in lieu of notice. Offences include intentional viewing or downloading of pornographic or other derogatory, defamatory, obscene or inappropriate material.

35. Where a breach or an alleged breach of this policy involves harassment or discrimination, this may be reported or dealt with under the SPCB’s Equality Framework. Again, depending on the severity of the offence, the breach may be considered as gross misconduct.

36. Contract staff found to be in breach of this policy will be reported to the contract manager and may result in the abuser’s services being terminated under the terms of the contract.

37. If we suspect that the SPCB’s business systems are being used for anything illegal, we will report these concerns to the police or any other relevant authority.

Enquiries

38. If you have any enquiries about this policy, please contact the Personnel Office.

ANNEX 1

SPCB DISCLAIMER

"The information in this e-mail transmission and any files or attachments transmitted with it are strictly confidential and may contain privileged information.  It is intended solely for the person or organisation to whom it is addressed and if you are not the intended recipient, you must not copy, distribute, disclose or take any action in reliance on it.  If you have received this e-mail in error, please delete it from your computer system immediately and notify the sender as soon as possible.

While this e-mail message and attachments have been swept by MIMEsweeper for the presence of computer viruses, the Scottish Parliamentary Corporate Body does not guarantee that either are virus-free and accepts no liability for damage sustained as a result of a virus.  It is the recipient's responsibility to ensure that the onward transmission, opening or use of this message and any attachments will not adversely affect their systems or data or otherwise incur liability in law.

Where the e-mail is unrelated to the business of the Scottish Parliament and/or the SPCB, the opinions expressed within this e-mail are the opinions of the sender and do not necessarily consititue the opinions of the Scottish Parliament and/or the SPCB.

The e-mail system of the Scottish parliament and the SPCB are subject to random monitoring.

Visit the Parliament's website at http://www.scottish.parliament.uk/, or watch the Parliamentary business live at http://www.holyrood.tv/ ".

SECTION 13.6

POLICY ON FILLING TEMPORARY VACANCIES

1.    The purpose of this policy is to provide guidance to management and staff on how a post which has become vacant on a temporary basis will normally be filled. It applies to all such posts across the organisation. The policy is also intended to ensure consistency across the organisation in relation to the approach taken to the covering of temporary vacancies. The various options available to Heads of Office are set out in paragraph 4. The policy will be operated in line with our Equality Framework and Work/Life Balance Policy.

2.    The policy will be operated on the basis that there will be a presumption against recruiting externally on a fixed-term contract basis. External recruitment for fixed-term contracts should only be considered if there are strong and justifiable reasons such as:

the current number of staff on temporary promotion make further internal moves logistically and operationally difficult or impractical;

there is certainty that there is no internal field; or

the appointment is clearly understood at the outset to be for a prolonged period.  

Any such requests should be made by the appropriate Head of Office to the line Director by means of a business case and this will be considered on a case-by-case basis. In exceptional circumstances, Directors reserve the right to appoint an individual to a post without advertising either internally or externally. Any such circumstances will be discussed beforehand with the TUS.

What is a temporary vacancy?

3.    A temporary vacancy can fall into two categories -

an unplanned vacancy usually occurs because of long-term sick leave, i.e. continuous sick leave lasting more than 28 days; and

a planned vacancy which can occur in situations including:

when holding a permanent vacancy until the completion of a recruitment competition;

during the implementation of a restructuring exercise;

over a period of maternity or adoption leave;

because of a career break;

because of an outward secondment; and

to complete a time-limited project or discrete piece of work.

How can temporary vacancies be covered?

4.    A temporary vacancy can be covered in a variety of ways. Options include:

leaving the post vacant and sharing the work among other team members;

covering the post from existing resources in the office, e.g. pulling in help from other teams or a lateral move within the office;

covering the post through the use of part-time or job-share working arrangements e.g. if there are outstanding such requests;

buying in agency support;

secondment from an outside body;

filling the post by temporary promotion from within the office e.g. where the vacancy is of a specialist nature;

advertising the post across the parliament as a level transfer or temporary promotion; and

advertising the post externally.

5.    As there is a presumption against recruiting externally it is essential that we explore all internal options before going out to external recruitment on a fixed-term contract basis. It is also important to explore such options before using Agency support or secondment, as both of these have cost implications.

How does an Office Head decide which option to use?

6.    All decisions will be made on a case by case basis depending on the individual circumstances. In reaching a decision on how a temporary vacancy should be covered, the following factors would be relevant:

whether there is a suitable internal field;

the specialist nature of the post;

the duration of the vacancy;

the workload of the team;

the experience of team members;

the overall workload in the office / capacity in other teams;

the number of staff already covering temporary vacancies in the office / directorate; and

the impact on staff morale in general.

7    This list is not exhaustive and it would also be necessary to balance the business needs with the commitment to staff development and to recognise the actual and perceived benefits of temporary promotion to staff.

8.    The decision will be justified on good business reasons and be reached following discussion between the Head of Office and the Personnel Office. In reaching a decision, the Head of Office may wish to be advised by the Personnel Office. If it is decided not to fill the vacant post through an internal competition, the Personnel Office will inform the TUS on the method chosen to fill the post and provide an appropriate explanation of the reasons for this.

How does an Office Head advertise the post either internally or externally?

9.      The Head of Office or designated manager should contact the Recruitment Manager for guidance on advertising the post internally. Procedures for advertising posts can be found on SPEIR.   

What happens if I need to fill the post urgently?

10.     If you need to fill the post quickly, speak to the Recruitment Manager on ext 86638 who will be able to give you advice on setting the best timetable for your competition.

If the post is to be advertised internally, will it be open to all SPCB staff?

11.     It will be open to all staff who have successfully completed their probation period and have the relevant skills required for the post. All such opportunities will be advertised in the Corporate Bulletin.

Can the interview panel draw up a reserve list of suitable candidates?

12.     Yes.  A reserve list should only be taken where, at the time of advertising the post, it is anticipated that there will be further, similar, temporary vacancies arising within a period not exceeding 6 months from the date of interview. The intention to draw up a reserve list will be made explicit in the advertisement for the vacancy.  In such circumstances, any candidate who achieves a pass mark at interview will be declared a reserve. The recruitment panel will record their decision and notify the Recruitment Manager accordingly. Those identified as reserve candidates will be advised in writing following interview. A copy of the reserve list will be retained centrally by the Personnel Office.

If an Office Head decides to fill the vacancy using an agency worker, how do they obtain their services?

13.    The Head of Office or designated manager should contact the Recruitment Manager in the Personnel Office who will make the necessary arrangements.

ADDITIONAL Q & A FOR STAFF AFFECTED BY THE POLICY

If I am covering my manager’s post during a period of unplanned absence, am I entitled to be paid at the higher level?

14.    There is no automatic right to be paid at the higher level. Payment depends on you assuming the full duties and responsibilities of the post. If, however, you have been covering the full range of duties possible for 4 weeks or more, and your Office Head confirms this, he or she may instruct that a temporary promotion payment be backdated to the start of the period when you were performing the full duties. If the work has been shared out and you are only covering part of the duties, you will be paid at your normal rate.

How do I apply for a temporary vacancy?

15.    The process for applying for a temporary vacancy is essentially the same whether it is advertised externally or internally, parliament -wide. You should, however, remember that you cannot apply for an internally advertised post if you are on probation.

What will happen next?

16.    Your application will be put forward to the panel for consideration. The panel, which will be made up of representatives from the relevant office, will meet to shortlist and interview applicants for the post. The panel will also consider your most recent performance appraisal to assess your suitability to do the job.

How long after the interview will I know whether I’ve been successful?

17.    If you are successful you will be informed of the panel’s decision informally as soon as possible after the interview. You will then receive a letter from the Personnel Office within 5 working days of your interview setting out the details of the temporary appointment.

What will happen if I’m unsuccessful at interview?

18.     You will be informed of the panel’s decision as soon as possible after the interview. If a reserve list has been drawn up, you will be informed whether or not you have been placed on this list.  You should note that inclusion on a reserve list does not guarantee that you will be appointed to fill this particular post in the event that the successful candidate does not accept it or in the event that a similar, temporary, vacancy did arise within the 6 month period following the date of interview.  Candidates will be placed on the reserve list in order of merit and appointment to suitable posts which arise will be determined with reference to placing on the list.

19.     You may ask for feedback on your performance at interview and where relevant a representative of the panel will give you feedback on any possible development needs.

If my appointment is on a Temporary Promotion basis, is there a maximum period on which I can be assigned on these terms?

20.    There is no maximum period. The length of the assignment, where this is known, will be stated in the advert. However, if we know in advance that we will need a post covered for a prolonged period, we may advertise the post externally on a fixed-term basis. If, at any time during the fixed-term period, the vacancy became permanent, and you had been appointed to this post through external competition, you would normally be offered the post on a permanent basis. If this would not be appropriate in any particular situation, you would be told this at the time of your application for the temporary promotion.

How will my performance be formally assessed during my assignment?

21.    If you have been doing the job for more than 6 months during the reporting year, you will be assessed against the competence profile of the temporary role by the line manager of that post. Otherwise, the Personnel Office will ask for a transfer report from your line manager in your substantive grade.

What will happen if my performance does not meet the requirements of the job?

22.    The Poor Performance procedures, set out in Section 6.3 of the Staff Handbook will not apply to performance issues for staff on temporary promotion. The following procedure will apply.

23.    If your line manager considers that your performance does not meet the requirements of the temporary role, he or she will meet with you to identify and discuss:

the substance of the performance issues;

the standards required in the temporary role; and

the action required to help you achieve those standards.

24.    You will then be given a reasonable period to achieve those standards, during which you will receive appropriate support to help you to improve your performance to the standard required.

25.    At the end of that period, your line manager will meet with you to review your performance. If at that time your line manager does not believe you are meeting the requirements of the role, he or she will:

give you a written statement briefly setting out the performance issues which lead him or her to contemplate reverting you to your substantive post;

hold a meeting with you to discuss the matter. You will be entitled to be assisted by a Trade Union representative or colleague at that meeting; and

after the meeting, inform you of his or her decision and, if appropriate, your right to appeal.

26.    If your line manager’s decision is that your performance does not meet the requirements of the role, your temporary promotion will come to an end and the terms of paragraph 27 will apply.

Do I have the right of appeal to this decision?

27.    Yes. You will have the right of appeal to the next more senior manager in your line management chain. If you wish to appeal, you should submit your appeal in writing to the next more senior manager within 5 working days of being notified of your line manager’s decision. The appeal manager will hold a further meeting with you, at which you will be entitled to be assisted by a Trade Union representative or colleague. Your appeal must cover all of the relevant issues including, if appropriate, the process followed by the line manager. Following that meeting, the appeal manager will notify you of his or her decision, which will be final. You may be required to revert to your substantive post pending the outcome of the appeal.

What will happen at the end of my assignment?

28.    You will normally return to your substantive post or, in the case of generic posts, to one that is the same grade. If you have been paid at a higher rate during your temporary promotion, your pay will revert to that which you would have been paid had you remained at your substantive grade.

Enquiries

29.    If you have any enquiries about this policy, please contact the Personnel Office.

FOOTNOTES

[i] Personal data means any information which allows you as an individual to be identified.

[ii] Processing means obtaining, recording or holding information or data or carrying out any other operation on the information or data. This includes the organisation, adaptation, alteration, retrieval, consultation, use, disclosure by transmission or dissemination, alignment, combination, blocking, erasure or destruction of the information or data.

[iii] It is lawful to process data without the individual’s consent if it is necessary :

to fulfil a contractual obligation to which the individual is party (e.g. an employment contract);

in respect of the individual’s request relating to entering into a contract (e.g. a job application);

to comply with a legal obligation on the data controller (e.g. deducting PAYE & NI);

for exercising a government or statutory function, or for the administration of justice;

to protect the vital interests of the individual;

in pursuit of the legitimate interests of the controller or third party to whom the data are disclosed, (provided that the processing does not prejudice the individual’s rights, freedoms and legitimate interests;

the individual has deliberately made the information public;

in respect of rights and obligations under employment law (e.g. sickness records concerning SSP);

to protect the individual’s vital interests and consent cannot be given by them or on their behalf, or the data controller cannot reasonably be expected to obtain consent;

to protect the vital interests of another person and the data subject’s consent had been unreasonably withheld;

in connection with legal advice, proceedings or rights;

in connection with exercising a statutory or government function; or the administration of justice;

for medical purposes (including preventative medicine, diagnosis and research as well as care and treatment and healthcare services management) and is carried out by a health professional or other person with an equivalent duty of confidentiality; or

(for data on race or ethnic origin only) to identify or review equal opportunities issues in order to promote equality and there are appropriate safeguards for rights and freedoms.

[iv] For example, The Scottish Parliamentary Standards Commissioner Act 2002 states that when the Commissioner receives a complaint about the conduct of a member of the Parliament, they shall inform the member of the name of the complainer except where they consider that it would be inappropriate to do so.