Memorandum of Understanding (MoU)

3. An accommodation Business Justification Case was approved by Ministers in October 2023, enabling both ESS and Consumer Scotland to share the fifth floor of Thistle House. This was agreed on the basis that both organisations would share this space ‘without walls’.

4. A working group (with members from both organisations) was established to shape both the design, and the principles, of a shared office space. It was agreed that a flexible approach would be needed as both organisations develop.

5. Separate documents set out the terms and conditions of occupancy with the Scottish Legal Aid Board (SLAB), for example the Memorandum of Terms of Occupation (MOTO).

6. This Memorandum of Understanding (MoU) has been created as a ‘living document’ to support both organisations sharing office space, and will be updated through discussion, learning and experience.

7. Consumer Scotland also leases desk space at Saint Vincent Plaza Glasgow from Registers of Scotland which ESS staff are also able to use if required. The principles of this MoU will also apply to this arrangement.

8. The role of ESS is to scrutinise, investigate and secure improvements in public authorities’ compliance with environmental law, the effectiveness of environmental law, and the way it is being implemented and applied in Scotland.

9. The role of Consumer Scotland is to advocate on behalf of consumers and represent consumer interests.

10. ESS and Consumer Scotland plan that their working relationship is characterised by a shared intent to co-operate on the basis of the following principles:

• shared purpose through co-location as Scottish non-ministerial offices
• respect for each other’s functions, independent points of view and operational independence
• collaboration to improve efficiency and avoid duplication, working to Public Services Reform (Scotland) Act 2010 principles
• openness and transparency while working in accordance with any legal requirements

11. Representatives from each organisation (the Thistle House Office Group) will meet on a quarterly basis to discuss progress. Feedback from the wider staff base will be gathered on a regular basis through pulse surveys and individually with Working Group members.

12. General principles have been agreed in advance of the move to the new shared office as attached at Annex 1. These will be reviewed quarterly by the group, and through feedback from the wider staff base.

13. Where there are disagreements or disputes between ESS and Consumer Scotland in connection with this Memorandum, these should firstly be resolved between the ESS Head of Corporate Services and the Consumer Scotland Director of Operations.

14. If disagreements or disputes cannot be resolved within a reasonable time at this level they should be escalated, if necessary, to Chief Executives. However, if a disagreement or dispute cannot be resolved at Chief Executive level, it may be left unresolved (as a reflection of the parties’ distinct legal identities and independence) and the different views of each organisation should be noted.

15. In practice, Chief Executives may discuss this through the regular engagement

16. This Memorandum is not itself intended to be legally binding, but forms the basis of an agreement to co-operate.

17. This Memorandum shall commence on 1 May 2024 and shall be reviewed on or before 1 May 2025, and each year thereafter.

18. Following the review, the parties will update the Memorandum if considered appropriate. In addition, as both parties learn and experience ways of working through co-habitation, the Memorandum will be updated accordingly.

19. The parties will publish this Memorandum, and any subsequent versions on their respective websites.

Signed on behalf of ESS

Rebecca Peppiette

Date: May 2024

Job title: Head of Corporate Services and Communications

Signed on behalf of Consumer Scotland

Susan Bomphray

Date: May 2024

Job title: Director of Operations

Aspects of the office environment and set-up to be kept under review:

Office facilities and services

• warmth, temperature, noise, lighting, layout and facilities
• recycling and confidential waste management
• individual cleaning / tidying responsibilities
• sharing of resources: from office equipment and supplies, to shared services

Collaboration

• the effectiveness of the shared calendar for key meetings
• the principle of being able to eat at your desk
• the principle of conducting calls/hybrid meetings at your desk
• the approach to the mediation of differences

Health and safety

• loan working principles
• responsibilities and recording of incidents as a joint responsibility, with fire evacuation and evacuation chair training available to all staff
• first aid being provided by SLAB, with emergency first aid, mental health first aid, and defibrillator training available to all staff

Wellbeing

• the principle of the wellbeing room: only being used for wellbeing and crisis; being bookable; with a hierarchy that would allow others to request access in a crisis during these booked times (facilitated through traffic light door slider system and an anonymous on-line booking system)