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Showing 60 of 2,354,908 contributions. Latest 30 days: 0. Coverage: 12 May 1999 — 25 Mar 2026.
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
I think that that is important. I will come back to early retirement shortly. We should not have to proceed with caution in relation to terms—we should be absolutely clear what terms mean. I want to press you on something else that caught my eye, because a distinction is made...
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
I will be very brief. Paul Johnston talked about the contract that was entered into for the release of Mr Foley. At least in the early stages, that was styled as a redundancy. If there is a redundancy, there is a dismissal. If there is a dismissal, it is capable of being an ...
Liam Kerr Con Committee
25 Jan 2018
Section 22 Report
My final question is one that I have posed before about a settlement agreement codifying what Mr Foley received when he exited. I understand that the SPA considered using a settlement agreement but ultimately rejected the idea, yet we have heard that there is some form of cont...
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
I want to move on. Let us say that we have a severance package that you would presumably say would be embodied under a settlement agreement. Once individuals have left an organisation, how can they be held to account by this committee and by the public if they have gone away w...
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
Forgive me, but a settlement agreement simply embodies the deal that is made. In this case, the deal that was struck was a payment in lieu of notice, which would be a contractual payment, but then there is an early retirement payment, at least some element of which—we will fin...
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
I understand. Let us look at the scheme. You will have heard about the events that the committee looked at earlier. Annex A of your submission is the annual report on the use of settlement agreements. Paragraph 1 says: “The Scottish Public Finance Manual (SPFM) states that i...
Liam Kerr Con Committee
30 Oct 2024
Pre-budget Scrutiny 2025-26
If I may, I would like to come back to the question of the impact—the point is well made—and I will ask a question to DCC Connors in a second. Chief constable, you made projections based on a flat cash settlement and on a 3 per cent cash reduction. However, there are on-going...
The Deputy Convener Con Committee
22 Jun 2017
Section 22 Reports
Okay. The last principal left under a settlement agreement. The director of finance left under a settlement agreement. Has there been anyone else?
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
Of course the committee could invite them to give evidence, but if the committee or anyone else finds that there has been mismanagement, impropriety or whatever it might be, how is that individual held to account and how is the public recompensed if there has been a settlement...
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
Are you aware of any cases in which an individual who has underperformed—a section 22 report might have been presented to the committee or they might have left an organisation under a settlement agreement—might have been re-employed in the public sector? 11:00
Liam Kerr Con Committee
13 Dec 2018
Section 22 Report
I understand and accept the point about the settlement. There is complete logic behind concluding it in that manner, but I want to press Fiona Mitchell-Knight on one point. Have you seen the relevant clause in the settlement agreement? Does it say that it is a six months’ not...
Liam Kerr Con Committee
12 Jan 2017
“Local government in Scotland: Financial overview 2015/16”
I notice that, on page 27 of your report, you say that, for the past two years—2016-17 and 2017-18—the Scottish Government has provided settlement figures for single years. Rightly, the report places quite a big emphasis on long-term planning. I presume that medium to longer-t...
Liam Kerr Con Committee
26 Sep 2017
Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill: Stage 1
Mairi Gougeon made an important point about the removal of risk. Do the panel have views on the impact that QOCS will have on settlement negotiations and the prospect of settlement throughout the process?
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
I will begin with a couple of questions about the “Scottish Public Finance Manual”, which contains a section on settlement agreements. There are a couple of terms on which I seek clarity. The term “voluntary resignation”—as opposed to “involuntary resignation”, which I would h...
Liam Kerr Con Committee
27 Feb 2018
Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill: Stage 2
I hope that you will forgive me, convener, as I have not done this before. My amendments deal with where the benefit of QOCS should be lost pursuant to section 8(4). I am grateful to the minister for clarifying that my intention in amendment 4 is in the same vein as the inten...
Liam Kerr Con Chamber
26 Feb 2020
Police Scotland (Draft Budget 2020-21)
I recognise that—it is exactly the point that I am making. Waiting lists for mental health services are at an all-time high. The police are having to deal with that as a direct result of SNP underinvestment in services. The police are also dealing with issues such as historic...
Liam Kerr Con Committee
29 Mar 2022
P&O Ferries
Good morning, Mr Hebblethwaite. P&O accepts that UK employment law was not merely broken but fundamentally offended. You are paying out £36 million in settlements to make that acceptable to the employees. I presume that the settlements needed to include—per employee—notice...
Liam Kerr Con Committee
30 Oct 2024
Pre-budget Scrutiny 2025-26
Good morning. I will move to the resource budget. Chief constable, the Scottish Government asked you to model two scenarios, one in which you receive a flat cash settlement and one in which there is a 3 per cent cash reduction. In your submission, you said that a flat cash set...
Liam Kerr Con Committee
13 Nov 2024
Pre-budget Scrutiny 2025-26
Rona Mackay has raised an important point. The SCTS has told us that, if there is a flat-cash settlement in the forthcoming budget, that will lead to a reduction in court and tribunal business equivalent to the removal of 10 solemn courts. It suggested that that could lead to ...
The Deputy Convener Con Committee
11 Feb 2026
Budget 2026-27 and Scottish Spending Review
You talked just then of limiting operational capacity, but, in your submission and opening remarks, you said quite clearly that you will not be able to grow operational capacity. If you had received the required funding settlement, you would have carried out some projects. Wha...
Liam Kerr Con Committee
13 Dec 2018
Section 22 Report
Right. A settlement agreement was concluded. Have you seen that agreement?
Liam Kerr Con Committee
14 Jun 2017
Brexit (Implications for Devolution Settlement of UK Common Frameworks)
If a free-trade agreement were to be concluded between the UK Government and the EU, what impact would that have on the EU common frameworks? Would some or many of them be ported in such that the Scottish Parliament would continue to be bound?
Liam Kerr Con Committee
14 Jun 2017
Brexit (Implications for Devolution Settlement of UK Common Frameworks)
If a free-trade agreement is made, what impact would that have on repatriation of powers from the EU? Is the answer to that similar to the answer to the previous question?
The Deputy Convener Con Committee
22 Jun 2017
Section 22 Reports
Presumably, the assistant principals will be very important in driving this process forward. Other than the previous director of finance, who we heard about earlier, has anyone else left the college, whether by settlement agreement or otherwise, as a result of the performance...
Liam Kerr Con Committee
21 Dec 2017
Section 22 Report
This was not clear to me from the report and it is something we will be looking at later: was the early retirement enshrined in a settlement agreement?
Liam Kerr Con Committee
21 Dec 2017
Section 22 Report
I understand. There is no settlement agreement and therefore no confidentiality clause. For the avoidance of doubt, I have one other question on the payment in lieu of notice: are you aware whether this was a taxable payment and whether tax was paid in full on it?
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
That is slightly different from the report. The public is the employer in this situation and I would have said that the confidentiality clause, or the agreement, is about protecting the employer and making a payment to buy the rights of the employee, if you like. There is a li...
Liam Kerr Con Committee
25 Jan 2018
Section 22 Report
My understanding is that a settlement agreement involves saying to the outgoing employee, “Here’s a large payment, in return for which you will sign away your rights to sue us, to take us to tribunal and to say nasty things about us”—or something like that, because I am sure t...
Liam Kerr Con Committee
25 Jan 2018
Section 22 Report
But did the Scottish Government say that you should put Mr Foley under a settlement agreement?
Liam Kerr Con Committee
25 Jan 2018
Section 22 Report
I am not talking about confidentiality agreements. Mr Johnston was clear that he did not want to see a settlement agreement used in the process.
Liam Kerr Con Committee
13 Dec 2018
Section 22 Report
Before I explore the settlement agreement, I would like to find out from whom the legal advice was taken. Was it internal to NHS Tayside? Was it from the Scottish Government?
Liam Kerr Con Committee
13 Dec 2018
Section 22 Report
Excellent. Can you tell me about the payment, because I really do not understand it? I will explain the source of my confusion. It is possible that it was entirely a contractual payment in lieu of six months’ notice, but I struggle with that, because it does not appear to have...
Liam Kerr Con Committee
17 Jan 2019
Section 22 Report
I have a final question on the pension reclaim. I will provide a bit of context. An overpayment of the pension was made, in accordance with the agreement that was concluded, but it was later found that that payment should not have been made. The money from that payment has now...
Liam Kerr (North East Scotland) (Con) Con Committee
28 May 2019
Secure Care and Mental Health Services for Young People
I want to follow up on Shona Robison’s line of questioning on the consensus agreement. I may have missed the answer to this question, but who will drive that agreement? Which agency says, “We need a consensus agreement and everyone needs to sign up for it”? On whom does the on...
Liam Kerr (North East Scotland) (Con) Con Chamber
22 Sep 2021
ScotRail
I have listened carefully to the debate. In a speech of only four minutes, I have a limited time to pick out the key issues. However, first, we can support the first part of the Labour motion on resisting the reduction in ScotRail services. The second thing that the debate ...
Liam Kerr (North East Scotland) (Con) Con Chamber
06 Dec 2022
COP27 Outcomes
To pick up from where the cabinet secretary left off, there is no doubt that COP27 did not have the groundbreaking commitments of COP26, but that is not to say that it was not a success, because it closed with what was described as a “breakthrough agreement”—the Sharm el-Sheik...
Liam Kerr Con Committee
26 Jan 2017
Section 22 Report
I presume that not all the 127 people who exited did so under the VR/ER scheme. Is it fair to say that some at least may have exited as a result of a negotiated settlement?
Liam Kerr (North East Scotland) (Con) Con Committee
02 Feb 2017
Section 23 Reports
I want to explore a couple of matters that have come up, one of which Colin Beattie raised. In your written submission, you say: “further significant investment will support universities to remain internationally competitive” and “continue to be renowned for research excell...
Liam Kerr Con Committee
14 Jun 2017
Brexit (Implications for Devolution Settlement of UK Common Frameworks)
So, it will be entirely a function of the negotiation.
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
I do not understand why there is a presumption against using confidentiality clauses. In the Scottish Government report, you quite clearly say that confidentiality clauses are used “At the request of the employee or their legal representative”. I do not understand that eithe...
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
Liam who?
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
You are saying that I am not an old friend. Oh, Jackie. Laughter.
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
I was with you until the last thing that you said.
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
You mentioned situations that might be covered by a severance scheme.
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
But, from this morning’s consideration, it does not appear that that is what has happened. There seems to have been a breakdown between what is stated about the SPFM and what has actually happened in practice. Do you accept that?
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
You are talking about the board of the public body in question, whichever body that might be. It is an issue for the board. Therefore, the board is accountable if it has failed to do what is required by the SPFM.
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
Do the associated bodies include all those that are listed in the appendix to your submission?
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
Who were those discussions between? Were they individual discussions between Government ministers?
Liam Kerr Con Committee
21 Dec 2017
Settlement Agreements and Severance Policy
Are you able to tell me why?
Liam Kerr Con Chamber
26 Feb 2020
Police Scotland (Draft Budget 2020-21)
The cabinet secretary needs to accept that the Scottish budget is up in real terms from when the SNP came to power. As I have outlined, £1 billion is coming to Scotland, with £96 million in Barnett consequentials for the police. Unison has said clearly that that £96 million sh...
Liam Kerr Con Chamber
26 Feb 2020
Police Scotland (Draft Budget 2020-21)
The cabinet secretary perhaps should not quote selectively because, in the same letter, Police Scotland slammed the overall funding settlement. Does the cabinet secretary recognise that Police Scotland’s capital budget remains one of the smallest per capita among forces in the...
Liam Kerr Con Committee
18 Jun 2020
Section 23 Report
You mentioned the impact going forward, but can you give us an idea of what the practical impact of the funding settlement on councils that received less has been?
Liam Kerr Con Chamber
09 Mar 2022
Portfolio Question Time · Local Authorities (Front-line Services)
Yes, thank you, Presiding Officer. The minister mentioned the budget. This year’s settlement for Aberdeenshire Council is nearly £45 million less than the Scottish average would provide. Even with a proposed council tax rise, the council will still be nearly £15 million in the...
Liam Kerr Con Committee
22 Mar 2022
Role of Local Government in Delivering Net Zero
That is a fair point. My next point is also for you, Robbie, although Pam Ewen and Jane Tennant can come in if they wish to add something. It sounds as if demand for planners will be huge and, as you say, it will be vitally important. Are you aware of what impact local author...
Liam Kerr Con Committee
29 Mar 2022
P&O Ferries
On a point of clarification, I am not suggesting that you are being very generous. It is interesting that a two-year payback period leads to the conclusion that you cannot carry out the consultation required by statute, but I will let others pick up that point. I will move o...
Liam Kerr Con Chamber
07 Sep 2022
Programme for Government (Cost of Living)
The First Minister sought, yesterday, to justify this Government’s inaction when she said: “it is not a lack of political will that stops us. It is a lack of money.”—Official Report, 6 September 2022; c 11. I suggest to John Mason that we examine that. People are well aware ...
Liam Kerr (North East Scotland) (Con) Con Chamber
25 Oct 2022
Energy Prices Bill
I am grateful for the opportunity to speak in this debate on whether Parliament should agree to the legislative consent motion on the Energy Prices Bill. I should say that I join with the minister in supporting the suspension of rule 9B.3.5 in the standing orders in relation t...
Liam Kerr Con Chamber
07 Dec 2022
Urgent Question · United Kingdom Climate Change Committee Reports
I thank the cabinet secretary for his answer, but I noted the inevitable and rather predictable pivot to blaming the UK Government. The Climate Change Committee is clear that the Scottish Government has the powers to take action on decarbonising buildings, transport and farmin...
Liam Kerr (North East Scotland) (Con) Con Chamber
01 Nov 2023
Flooding (Support for Communities)
Storm Babet was a powerful reminder of the perilous position of many of our river and seaside communities. We saw devastation of homes, businesses, farms and communities across Scotland, including in the north-east, in places such as Peterculter, St Cyrus, Marykirk, Montrose, ...
Liam Kerr Con Chamber
14 Dec 2023
Strikes (Minimum Service Levels) Act 2023
I am quoting directly from the House of Commons library briefing and from the act. It is interesting to see there that Daniel Johnson does not want to compete for Westminster; he appears to want to join the SNP and make its points for it. Although the UK act covers only the si...
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Committee

Public Audit and Post-legislative Scrutiny Committee 21 December 2017

21 Dec 2017 · S5 · Public Audit and Post-legislative Scrutiny Committee
Item of business
Settlement Agreements and Severance Policy
Kerr, Liam Con North East Scotland Watch on SPTV
I think that that is important. I will come back to early retirement shortly. We should not have to proceed with caution in relation to terms—we should be absolutely clear what terms mean. I want to press you on something else that caught my eye, because a distinction is made between severance agreements and a settlement agreement. Somewhere in the document—I forget exactly where—a severance agreement is defined as a subset of a settlement agreement. Can you explain that to me, because I am not familiar with the difference between a severance agreement and a settlement agreement?

In the same item of business

The Acting Convener Lab
Under agenda item 3, we will take evidence from the Scottish Government on the related topics of settlement agreements and severance policy. I welcome to th...
Paul Johnston (Scottish Government)
Convener, I heard the earlier discussion and I anticipate the committee’s interest in the issues around the Scottish Police Authority, in particular what rol...
Liam Kerr Con
I do not understand why there is a presumption against using confidentiality clauses. In the Scottish Government report, you quite clearly say that confident...
Paul Johnston
At one point, confidentiality clauses were inserted as a matter of routine. Previous committees have expressed concern about that routine practice around the...
Liam Kerr Con
That is slightly different from the report. The public is the employer in this situation and I would have said that the confidentiality clause, or the agreem...
Paul Johnston
I think that that reflects the fact that consideration is given on a case-by-case basis as to whether a confidentiality clause is needed and is requested by ...
Alex Neil SNP
My question is for Paul Johnston. A number of Police Scotland staff are suspended: the chief constable has been on special leave since September, I believe, ...
Paul Johnston
In a number of the cases to which you refer, the investigations are being conducted by the Police Investigations and Review Commissioner, who is acting as an...
Alex Neil SNP
Has the PIRC concluded her investigations into the allegations against the chief constable?
Paul Johnston
No, my understanding is that those investigations are on-going.
Alex Neil SNP
Do you have any idea of when they are likely to be concluded?
Paul Johnston
As I say, as of today I do not have information about the timescale that I can provide to the committee.
Alex Neil SNP
Right. Is there no indication from the SPA? Is it involved in the investigation?
Paul Johnston
I know that the SPA, having first passed the matters on to the Police Investigations and Review Commissioner, is certainly engaging with her on the issue. I ...
Alex Neil SNP
Is it not true that the former chair of the SPA, Andrew Flanagan, wanted the chief constable reinstated?
Paul Johnston
The understanding that I have is that the Scottish Police Authority gives consideration to whether or not the period of leave will be brought to an end and t...
Alex Neil SNP
Has there been any representation from Andrew Flanagan to have the chief constable reinstated?
Paul Johnston
I know that there have been discussions about whether or not the chief constable should return. My understanding is that at present, as I say, he is not susp...
Alex Neil SNP
Just to be clear, in any of these discussions did Andrew Flanagan ask that the chief constable be reinstated?
Paul Johnston
There have been points at which the view of the former chair was that it may be suitable for the chief constable to return.
Alex Neil SNP
How long ago was that?
Paul Johnston
I do not have the specific dates although again I could—
Alex Neil SNP
October? November?
Paul Johnston
Certainly in recent weeks.
Alex Neil SNP
What is the procedure? Does the chair make that request to the cabinet secretary or the Government or to you as the accountable officer? What happened? Did A...
Paul Johnston
It is a decision for the board as to whether or not the chief constable’s leave should be continued. Indeed, the chief constable clearly also has a role in t...
Alex Neil SNP
There is a very strong rumour going around, and I do not believe rumours until I hear the facts. Can I clarify whether Mr Flanagan wanted to reinstate the ch...
Paul Johnston
I would be very loth to comment on any rumours. All that I would say is that the investigation, to the best of my knowledge, has not been concluded and is on...
Alex Neil SNP
To be clear, did the previous chairman make representations that the chief constable should be reinstated?
Paul Johnston
I can confirm that I understand that at certain points over recent months the former chair of the SPA was of the view that reinstatement may have been approp...