1. The Scottish Parliament's Committees play an important role in the work of the Parliament. They have both 'standing' and 'select' committee functions, having responsibility for the consideration of legislation during its passage through the Parliament, and for conducting other inquiries, as well as considering the policy and administration of the Scottish Executive.

2. While the Parliament and the Executive have their own distinct roles it is in the interests of good governance for there to be a shared understanding of how the Committees and the Executive should work together. This document sets out such an understanding. In particular, an open flow of information between the Parliament and the Executive will contribute to a productive working relationship between the two organisations. This protocol does not apply to dealings between Committees and NDPBs, nor to formal matters relating to Executive Bills which are normally handled by liaison between Clerks and the Office of the Scottish Parliamentary Counsel. Where standards are included in this document on timing of requests for information, appearance as witnesses etc, these will not apply in the case of Committee consideration of SSIs where different timetables apply. Different arrangements will also apply in the cases of the Subordinate Legislation Committee and the European Committee, where different timescales apply. Finally, separate liaison arrangements may apply in the case of any investigations by the Standards Committee involving SE Ministers.

3. Initial approaches by Committee Clerks to the Scottish Executive will be to the appropriate Departmental Committee Liaison Officer (DCLO). Where however Clerks wish to discuss issues relating to the timetabling of Executive legislation they will approach the office of the Minister for Parliament.

4. Written and/or oral evidence from the Scottish Executive will normally be sought by means of a written request. A formal requirement to provide evidence will be made only in exceptional circumstances and normally only following correspondence arising from a request.

5. Requests for written evidence will be made as far in advance as possible. Clerks will aim to submit such requests normally not less than four weeks before they are required. Different arrangements will apply in the cases of the Subordinate Legislation Committee and the European Committee, where different timescales apply.

6. Provided that the request for evidence, papers and memoranda from the Executive is made at least four weeks in advance in accordance with paragraph 5 above, the Executive will aim to respond no later than one week before the relevant Committee meeting.

7. Requests for a Minister or officials to give oral evidence will be submitted to the Executive as far in advance of the proposed date as possible. Clerks will aim to submit such requests normally not less than two weeks before they are required. Committees will take into account the timing of Cabinet meetings or other major Ministerial commitments in issuing such requests. Provided that requests are issued in accordance with this paragraph, Ministers and officials will make themselves available to Committees, unless, exceptionally, other major commitments which are unavoidable intervene after the request is made.

8. Evidence-taking sessions will not normally be postponed or cancelled: where they are, as much notice as possible will be provided. Committees may postpone or cancel evidence-taking sessions to deal with higher priority matters, but they will not normally bring the date of an evidence-taking session forward at short notice.

9. Issues to be covered at an evidence-taking session will be set out in the letter of request, or separately, in advance of the relevant meeting. If the issues are notified separately to the Executive, Clerks will have regard to paragraphs 6 and 7 above.

10. Copies of papers for Committee meetings (except private papers) will be sent to the Departmental Committee Liaison Officer at the same time as they go to members.

11. Where it becomes clear during the course of a meeting of a Committee that the start of a session to take evidence from an official or a Minister will be delayed significantly, the Clerk will consult the Convener on whether the session should be rearranged for another day.

12. The Clerk will inform the Executive in advance of a session to take oral evidence of any other witnesses who will be appearing at the same session as a Minister or an Executive official, and of the order in which witnesses will be invited to appear. Where it appears that a Minister or an Executive official may be invited at the same session to give further evidence after non-Executive witnesses have given evidence, they will be forewarned that this will happen. Committees reserve the right exceptionally to invite witnesses to give further evidence without advance notice should the need arise during a Committee meeting.

13. Parliament officials will work with Executive officials to identify a format for the submission of evidence electronically to facilitate onward transmission to the Scottish Parliament website.

14. Where Ministers have agreed to give evidence to a Committee guidance on the time likely to be required will be provided following consideration by the Committee Clerk and the DCLO.

15. Advance embargoed copies of Committee Reports will be provided to the Executive. Neither the Parliament (ie Members, Parliamentary officials and staff of Members) nor the Executive (ie Ministers and officials) will place such Reports in the public domain in advance of their publication.

16. The Executive will keep Committees informed about any announcements, News Releases, reports and other activity relevant to the Committee's remit.

17. The Executive will determine the form of its responses to Committee Reports according to the nature and content of the Reports. The Executive will normally provide a response within 2 months of publication of the Report. Where a response will take longer than 2 months to prepare, the Executive will write to the Committee Convener or Clerk explaining the reasons and indicating the likely timetable.

18. Where exceptionally a Committee Report is to be debated in a meeting of the Parliament within two months of its publication, the Executive will aim to respond in advance of the debate.

19. While most day to day contact will be on a Clerk to official level, it is appropriate for Conveners to write directly to Ministers on matters of substance, or conveying the views of the Committee. Letters to Conveners from the Executive should be copied to the relevant Clerk.

20. The terms of this protocol will be kept under review and if necessary revised in the light of experience.