See also: The Scottish Parliament would be crap in an independent Scotland and almost no-one cares
The Scottish Government made a recent amendment to the Scottish Ministerial Code to restrict the role of MSPs while ‘Parliamentary Liaison Officers’ (PLOs) in the Scottish Parliament. PLOs are not members or the Scottish Government, but they work closely with ministers and sit on committees scrutinising ministers, which blurs the boundary between policymaking and scrutiny.
While previous Labour-led governments made a decent effort to deny that this is a problem (1999-2007), the SNP (from 2007) perfected that denial by allowing PLOs to sit on the very committees scrutinising their ministers.
Now, after some (social and traditional) media and opposition party pressure, its revised guidelines in the 2016 Scottish Ministerial Code – remove a large part of the problem:
PLOs may serve on Parliamentary Committees, but they should not serve on Committees with a substantial direct link to their Cabinet Secretary’s portfolio … At the beginning of each Parliamentary session, or when changes to PLO appointments are made, the Minister for Parliamentary Business will advise Parliament which MSPs have been appointed as PLOs. The Minister for Parliamentary Business will also ensure that PLO appointments are brought to the attention of Committee Conveners. PLOs should ensure that they declare their appointment as a PLO on the first occasion they are participating in Parliamentary business related to the portfolio of their Cabinet Secretary.
The only thing that (I think) remains missing is the stipulation in the 2003 code that PLOs ‘should not table oral Parliamentary Questions on issues for which their minister is responsible’. So, we should still expect the odd question along the lines of, ‘Minister, why are you so great?’.