ELECTIONS TO THE SCOTTISH PARLIAMENT, LOCAL GOVERNMENT AND THE EUROPEAN PARLIAMENT

GUIDANCE FOR THIE NHS IN SCOTLAND

1 . This note contains guidance to Health Boards and NHS Trusts in Scotland about their role and conduct during the forthcoming election campaigns. The elections for the Scottish Parliament and for local government take place on 6 May and this guidance comes into force on 13 April. The note also provides guidance on conduct in the approach to the elections to the European Parliament which take place on 1 0 June and for which the guidance comes into force on 20 May.

2. These election campaigns are somewhat different from a UK general election. The UK Government will remain in office whatever the outcome of the elections. The presumption is that all Government business should continue. However, the elections in Scotland will result in the establishment of an entirely new national administration. This new administration will assume responsibility for a wide range of Government business, including the National Health Service in Scotland. The Scottish Office ' and hence the NHS in Scotland, are therefore subject to much the same restrictions as apply during general election periods for the Westminster Parliament.

3. During the election period, starting on 13 April, Health Boards, NHS Trusts and other NHSIS bodies may be faced with requests for information and views from media representatives, parliamentary candidates, and from representatives of political organisations about the activities of the NHS. They must seek to prevent any grounds for complaint that they are behaving partially towards any of the candidates or parties represented in the election. Further information on this is given below.

4. It is also possible that some employees, Chairmen or non-executives of Health Boards or NHS Trusts may be selected as potential candidates for the Scottish Parliament. This note also contains guidance on what action they should take in those circumstances.

5. The following general principles should be observed by all Health Boards and NHS Trusts.

a. There should be even-handedness in meeting information requests from candidates from different political parties. Such requests and responses should be handled in accordance with the principles laid down in the Code of Practice on Openness in the NHS in Scotland.

b. Care should be taken over announcements of decisions made by Boards or Trusts. In some cases it may be better to defer an announcement until after the election but this would need to be balanced carefully against any implication that deferral could itself influence the political outcome - each case should be considered on its merits and any cases of doubt should be referred to the Management Executive for a decision.

c. Special care should be taken in respect of paid publicity campaigns which should not be open to criticism that they are being undertaken for party political purposes. There should be a general presumption against undertaking new campaigns in any area that might be considered controversial in relation to the various elections.

6. In particular any announcements which are made should meet the following criteria

• be relevant to Health Service responsibilities;
• be objective and explanatory, not tendentious or polemical;
• not be, or be liable to misrepresentation as being, party political;
• be conducted in an economic and appropriate way, having regard to the need to be able to justify the costs as expenditure of public funds.

7. Health Boards and NHS Trusts should provide any candidate, organisation or any member of the public with purely factual information in accordance with the Code of Practice on Openness in the NHS in Scotland. Requests for information will range from enquiries about existing Government, Health Board or Trusts' policies, which are essentially factual in nature, to requests for justification and comment on existing policies. Where a request requires a simple account of what the policy is on a particular matter, it should be dealt with in the same way as requests for factual information. Boards and Trusts should deal with such straightforward enquiries directed to them, referring doubtful cases to the Management Executive for decision. Requests from or on behalf of candidates should be regarded as especially urgent - the aim should be to respond within one working day. Any requests for justification or comment on existing policies should be declined.

8. In cases where the correspondence or enquiry concerns policies newly announced in the a Party Manifesto or where it calls for a comparison with the policies of different parties, it will be appropriate to refer the correspondence or direct the caller immediately to the relevant Party Headquarters.

9. All candidates should have access to the same information, but it is not necessary to circulate information every time a query is answered. Boards and Trusts will want to review their procedures for the routine issuing of news releases sent to Members of Parliament,, with a view, to ensuring that all parliamentary candidates receive the same information.

10. Media enquiries about the operation of health services should be answered only to the extent of providing factual explanation of current Health Board and Trust policy, statements and decisions in accordance with the Code of Openness in the NHS in Scotland. Particular care must be taken not to become involved in a partisan way in election issues.

11. It is important that Health Boards and Trusts establish clear procedures locally so that a consistent approach is taken on questions from media representatives. Those answering media enquiries should limit their comments to their own areas of responsibility. Enquiries about national policy should be referred to 'Re Scottish Office Information Directorate (0131-244-2951) and questions relating to health proposals of political parties should be referred to the parliamentary candidate or party office.

12. There is no objection to issuing routine news releases, figures which are published on a monthly or regular basis, or drawing attention to and as necessary summarising reports of specific committees or bodies which a Health Board or Trust is required to publish. These releases should be prepared in non-controversial language and should avoid listing of past Government achievements.

13. In cases of doubt, Boards or Trusts should refer to the Management Executive.

14. Official support to Ministers in Scotland will also be a sensitive issue during the campaigns. The Secretary of State will continue to be in charge of The Scottish Office and responsible for Departmental business. The Management Executive will continue to provide support for any official functions Ministers perform, policy advice necessary to resolve issues which cannot be deferred until after the election and factual briefing. In doing so they may call on the assistance of Health Boards or NHS Trusts, as they do under normal circumstances. It is also in order for the Management Executive to be asked to check statements for factual accuracy and consistency with established Government policy. Officials should not however be asked to provide new arguments for use in election campaign debates.

15.Health Boards and Trusts should consider carefully whether to allow:

a. visits by Parliamentary Candidates;

16. It is for individual Trusts to decide on whether candidates' requests for visits to hospitals or other establishments for electioneering or campaign purposes should be agreed to, but should visits be permitted there should be no disruption to patients' treatment or services. If such a request for a visit by a candidate is agreed to, the Trust must then notify all other candidates that similar facilities are available to them as well.

17. Political posters should not be displayed on NHS premises. Other posters and advertising material purporting to be apolitical and published by other groups should be carefully scrutinised to ensure that it cannot be regarded as favouring a particular candidate or party.

18. Election or other political meetings should not be held on NHS premises.

Use of the Media

19.The normal business of the NHS in Scotland requires many public contacts and much of this can proceed in the normal way. For example existing localised health promotion campaigns may not need to be interrupted, but it would be best to avoid launching any new initiatives or documents, or mail drops or display advertising (apart from semi-display recruitment advertising, which can continue provided it appears only on classified pages and is limited in style to quarter page or equivalent) in the period up to the election, in order to avoid possible misrepresentation. Similarly printed material should not normally be given any fresh distribution during the election period in order to avoid any competition with the flow of election material. If in doubt, it is best to err on the side of caution.

20. The deployment of posters and other high profile publicity should not be launched in the election period lest it divert attention from the election campaign. The normal display of posters on NHS premises may continue, provided this cannot be construed as going beyond existing national and local health policies.

21. Time off during working hours is governed by the provisions of Section 50 of the Employment Rights Act 1996 and as required by other legislation. A full-time employee who was> elected as either a Constituency or a List candidate in the Scottish Parliament elections, would be expected to resign. (The Employment Rights Act 1996 and Sections 3 and 52 of the General Whitley Council Handbook refer.)

22. NHS in Scotland Employees are ftee to engage in public debate or comment during the election period. However they should not use their official premises or equipment and should not make comments based on information not generally available to public. It must be clearly stated that the views expressed are those of the individual and not of any Health Board, NHS Trust or other NHSIS body.

23. Chairmen and non-executive Directors of Health Boards, NHS Trusts and other public bodies specified under the Scottish Parliament (Disqualification) Order 1999 must resign from public appointment before nomination forms are lodged. This disqualification provision applies to all Constituency and List candidates.

24. Constituency candidates will be required to sign a declaration at the time of lodging nomination papers stating that they hold no public appointment which is affected by the above Disqualification Order, while List candidates will have such declarations made on their behalf by political party nominating officers. While it is expected that nominating officers will establish that their candidates do not hold any disqualifying posts at the time nomination papers are submitted, General Managers and Chief Executives of Scottish health bodies are asked to convey these provisions to all Chairmen and non-executive members of their respective Boards.

25.Health and Trust Board meetings should continue in the normal way. It would be prudent, however, not to introduce new items which are likely to be the subject of controversy on the agenda at meetings during the election period.

26. During the elections Health Boards and Trusts may proceed within the terms of any legally binding commitments. However no further decisions should be made or actions taken which are of a continuously binding or long-term character. If, exceptionally, a Health Board or Trust believe it is essential to make such a decision or take such action during the election period, they must seek the Management Executive's advice before doing so. Care should be taken over the announcement of any decisions made.

27. For capital projects, where a Criteria Submission or a FBC is approved by the ME before 13 April, the Trust (or Health Board) will be free to proceed to contract close in accordance with a timetable set to suit the Trust and its partner and one that is not influenced by the Election provided all of the conditions given in the approval are met. Should any conditions not be met, the approval lapses and contract negotiations cannot proceed to conclusion until such time as the ME is able to reconsider the Criteria Submission or FBC.

29. Letters from MPs to Boards and Trusts should be processed as usual. Replies may be made public or the subject of political debate, so they should be as simple as possible to avoid misinterpretation. Where an existing MP is also a Parliamentary candidate Boards and Trusts should apply the principles set out in paragraphs 7 to 9.

30. The general principles outlined above apply also to the forthcoming local and European elections. Care should be exercised in relation to the announcement of sensitive decisions with a local or European dimension and in relation to paid publicity campaigns. The period of sensitivity preceding local and European elections is not fixed in relation to any particular date, but the general convention is that particular care should be taken in the 3 weeks preceding either polling day. To coincide with the arrangements for elections to the Scottish Parliament this will be 13 April for the local elections. For the European elections it will be 20 May.

31.Generally during the election periods Health Boards and Trusts should maintain close contact with the Management Executive about any developments of potential political or media interest as they arise.

32. Should you require any advice or assistance or to transmit information on any of the issues covered by this Guidance Note, please contact in the first instance the Performance Manager for your area.

Miss Nikki Brown, West of Scotland 0131-244-2396

Mr Norman Harvey, East of Scotland 0131-244-2401

Mrs Catherine Brown, North of Scotland 0131-244-2276

Mr lan Williamson, State Hospital/SAS/CSA 0131-244-2435

33. If your enquiry relates to the candidacy of a Chairman or non-executive of a health body standing in a forthcoming election, please contact:

Mr Martin Milarky 0131-244-3469

34.If your enquiry relates to PFI or capital investment issues please contact:

Mr Ross Scott 0131-244-2076