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Board Members’ representation of SEPA at meetings and events

Summary

Board Report Number: SEPA 15/23

The annual review of official documents and procedures paper came to the Board on 21 February 2023. It highlighted that the Guidance on Board members’ representation of SEPA at meetings and events was being reviewed in line with the revised Code of Conduct and Standards Commission of Scotland Advice Notes and will be submitted to the Board for the 25 April 2023 meeting.

Introduction

The annual review of official documents and procedures paper came to the Board on 21 February 2023. It highlighted that the Guidance on Board members’ representation of SEPA at meetings and events was being reviewed in line with the revised Code of Conduct and Standards Commission of Scotland Advice Notes and will be submitted to the Board for the 25 April 2023 meeting.

Background

The Guidance on Board members’ representation of SEPA at meetings and events was formally approved by the Board in November 2010 with minor amendments made, e.g. to terminology used when referring to the corporate/Agency management team, in February 2016.

The issues

There is a need to ensure compliance with the Standards Commission revised guidance following the implementation of the new Model Code of Conduct for Board members in 2022.

Recommendations

The Board is asked to approve the revised Guidance on Board members’ representation of SEPA at meetings and events.

Jennifer McWhirter, Clerk to the Board and Standards Officer andJenny Faichney, CLT and Board Support Unit Manager
28 March 2023

Appendix A

Guidance on Board members’ representation of SEPA at meetings and events

Introduction

This guidance is provided for Agency Board members when representing SEPA at external meetings and events, in the capacity as a speaker and/or a delegate.

Guidance is also provided for Board members attending conferences on a personal basis, or representing other organisations, where matters come up that have implications for SEPA.

Assessing the benefit to SEPA of conference attendance

In order to protect and improve the environment and promote sustainable development, SEPA needs to work with many different customers. Effective communication is, therefore, essential to SEPA’s success and Board members’ attendance at external meetings and events is one route for engagement in the process of achieving it.

Representation of SEPA at external meetings and events provides the opportunity to build SEPA’s reputation, to engage with customers who have a high level of interest in, or influence on, SEPA, and to obtain feedback on how SEPA is perceived by its customers. For SEPA to be represented there needs to be clear value in one or more of these areas.

Where the focus of the meeting or event is towards the practice of environmental protection or improvement (or its supporting functions), the development and implementation of, or provision of advice on, regulatory schemes or practices, staff are better placed than Board members to maximise the benefit of the conference to SEPA.

Board members have a valid role to play where meetings and events have a more strategic focus or are concerned with vision and policy although the first consideration should be whether SEPA’s interests are best represented by a member of the Corporate Leadership Team and/or a staff member responsible for policy planning. That does not preclude Board members from making a contribution, but their presence should add value to staff attendance.

Meetings and events where Ministers, Councillors, Board members from other organisations etc. will be present would benefit from Board representation from SEPA in addition to any staff presence.

Representing SEPA

Board members are appointed to the Board because of their personal skills and knowledge. SEPA wishes members to act as ambassadors for the organisation and to use those skills and knowledge to engage with SEPA’s audiences. But when attending a meeting or event on SEPA’s behalf members should ensure that messages about SEPA’s vision, policy or delivery are consistent with the Board’s strategies, plans and policies.

The Code of Conduct makes it clear that there is an obligation on Board members to represent only SEPA’s position when acting in an official capacity. Therefore a Board member attending a meeting or event on SEPA’s behalf may acknowledge but should not attempt to represent other interests.

When a Board member is to speak on SEPA’s behalf at a meeting or event support will be given to assist in preparing any presentation and briefing. The Corporate Leadership Team will ensure that this takes place. It is essential that any speech on any subject matter is cleared by the Chair of the Agency Board and the Chief Executive.

n order to obtain feedback from a meeting or an event on how SEPA is perceived by those customers and, in particular, to ensure that potential areas for improvement are identified and acted upon, Board members representing SEPA are asked to report back formally to the Board (there is an opportunity under Board Engagement Activity on Board agendas) and/or the Corporate Leadership Team.

Identification of Board members to attend meetings and events

If an invitation for SEPA representation at a meeting and event comes via the organisation, selection of a Board member to attend will be undertaken by the Chair of the Agency Board in consultation with the Chief Executive.

If a member receives an invitation direct, they should consult with the Chair of the Agency Board and the Chief Executive before accepting the invitation.

SEPA wishes to ensure that the right message gets to the right audiences, in the right way, in the right place, and at the right time.

In accepting any invite, the Code of Conduct for Board members, SEPA guidance and the Standards Commission guidance should be followed particularly in respect of gifts and hospitality.

The provisions on gifts and hospitality are designed to avoid any perception that members are using their role to obtain access to benefits that members of the public would otherwise be expected to pay for, and also to prevent them from being influenced (inadvertently or otherwise) into making decisions for reasons other than the public interest.

The Code of Conduct makes it clear that the default position is that members should refuse all offers of gifts and hospitality, except in very limited circumstances which are listed at paragraph 3.15. It should be noted that acceptance can include accepting the promise of a gift or hospitality.

The exceptions under paragraph 3.15 are:

• minor items or tokens of modest intrinsic value offered on an infrequent basis (such as a pen or a notepad);
• a gift being offered to SEPA;
• hospitality that would reasonably be associated with duties as a Board member (such as tea or coffee at a local event, or a buffet lunch included at a training event or conference); or
• hospitality that has been approved in advance by SEPA.

In considering whether an offer of gift or hospitality may fall within one of these exceptions, members will be required to consider an objective test. This is whether a member of the public, with knowledge of the relevant facts, would reasonably consider that acceptance of the gift or hospitality might lead a member to being influenced in their discussion or decision-making.

Board members are required to advise SEPA’s Standards Officer promptly if they are offered (but refuse) any gift or hospitality of any significant value and / or if they are offered any gift or hospitality from the same source on a repeated basis (so that SEPA can monitor this).

Board members attending meetings and events in other capacities

Where Board members are attending meetings and events in other capacities (whether as speakers or delegates), delegate lists and programmes should make no reference to their membership of SEPA. However, where biographies are included, it is appropriate to include membership of SEPA. Board members should ensure that there is no misapprehension as to whom they represent.

Board members should be aware that when speaking on any matter that is at all within the remit of SEPA that they might well be perceived as representing the Board even when they think they are speaking as a private citizen, an academic, a professional, or in any capacity. Any (mis)perception that they are speaking with a Board member ‘hat’ on can lead to embarrassment and distress for both the member and for SEPA.

If the Board has adopted a particular position on any policy matter, it is for the member to support that position. If the Board has not adopted a position on a particular policy issue, the Board member may promote their own personal views, but they have to remember that, once the Board has adopted a particular position, they have to promote that position.

The Code of Conduct imposes a duty of discretion on Board members in relation to their SEPA membership. This requires respect of confidentiality (over matters not in the public domain) and not to prejudice the good name of SEPA. Paragraphs under representing SEPA explains further the confidentiality requirements.

The Code of Conduct also places an expectation on Board members to report back to SEPA any relevant matters that come to attention. It is not appropriate for Board members to offer to act as intermediaries in such situations.

Financial support for attendance at conferences

SEPA will not normally contribute financially to attendance at meetings and events other than where the Board member is representing SEPA.

Where a Board member represents SEPA, all conference fees, travel expenses and subsistence costs will be reimbursed in accordance with SEPA policies.

No cost to SEPA should be incurred without prior checking with the Chair and the Chief Executive. The board engagement calendar, circulated to members quarterly, endeavours to focus on free events.

Procedures

Where it is decided corporately that SEPA should be represented by a Board member, or where conference organisers (including SEPA staff) are seeking Board member participation, or where a direct approach is made to a member, the Clerk to the Board should be approached in the first instance. Selection will be undertaken by the Chair of the Agency Board (advised by the Chief Executive).

Where a Board member wishes to attend a conference as a delegate on SEPA’s behalf, a copy of the programme and other details, together with the rationale for attendance, should be forwarded to the Clerk to the Board. The Clerk to the Board will consult with the Agency Board Chair and the Chief Executive and if it is agreed that the member should represent SEPA (and that SEPA might not be better represented by another member) the Clerk to the Board will confirm that to the member.

25 April 2023