Independent Advisers report on complaint.
The First Minister's Independent Advisers on the Ministerial Code
have concluded their investigation into the Cabinet Secretary for
Justice and Home Affairs .
The Advisers concluded that Ms Constance unintentionally breached
two provisions of the Ministerial Code. They conclude that:
“…the two breaches were inadvertent without any deliberation or
intention to mislead.”
As part of their role, the Advisers can provide advice on any
sanction that the First Minster should impose. In this case their
advice on sanctions states that this is:
“…at the lower end of the spectrum provided for in the Code and
therefore does not call for anything beyond a reprove which
should be formal and in writing accompanied by a statement to
Parliament by Ms Constance…”
First Minister has accepted the conclusions
and recommendations in full. In line with the terms of reference
of the Independent Advisers, the report has been published by the
Scottish Government. Ms Constance will make a statement to
Parliament today.
First Minister said:
“I greatly value the important and impartial role of the
Independent Advisers on the Ministerial Code and I am grateful to
the Advisers for concluding their investigation promptly.
“I set up this system of Independent Advisers so that they could
call in any issue they fell needs to be examined under their own
authority and make recommendations as they see fit. They have
exercised their ability to examine this case and make
recommendations on sanctions. That provides real assurance that
there is appropriate, independent scrutiny of Ministers.
“I therefore accept the Independent Advisers' conclusions,
including that Ms Constance acted without any intention to
mislead. The requirements of the Independent Advisers' report
will be followed in full.”
Background
Independent Advisers Report
Letter from the First Minister
to the Justice Secretary
Independent Advisers
Notes for Editors – not for reporting
As set out in the Terms of Reference, the
Independent Advisers are appointed by the First Minister
to advise him on matters relating to the Scottish
Ministerial
Code.
