The independent advisers, on instructions of the First Minister, have investigated the Cabinet Secretary for Justice and Home Affairs, Angela Constance, with regard to two alleged breaches of the Ministerial Code.
The advisers have now reported their conclusions, saying that “the two breaches were inadvertent without any deliberation or intention to mislead”. They also found that the breaches only merit a “reprove” in terms of any sanction imposed on the Minister.
The advisers said the breaches were: “…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…”.
Scottish Conservative leader Russell Findlay said: “John Swinney insisted for weeks that there was nothing to see here and no breach of the ministerial code by Angela Constance.
“Well, he was wrong, because his discredited justice secretary did breach the ministerial code. She breached it not just once, but twice.
“I’ve been telling John Swinney this for weeks – but he put his SNP friend above the truth, respect for parliament and for grooming gang victims.
“We only have these official findings because of the sustained efforts of many Scottish Conservative MSPs.
“This saga has all the hallmarks of John Swinney’s government: cover up over candour and self-preservation over integrity.
“Angela Constance refused to say whether she has offered her resignation to John Swinney. If she lacks the integrity to quit, John Swinney must finally do the right thing and sack her.”
Scottish Labour leader Anas Sarwar said “This has dragged on for 102 days because of Angela Constance and John Swinney’s inability to do the right thing.
“Had Angela Constance put her hands up and said ‘I made a mistake’, this matter could have been done.
“Instead John Swinney and Angela Constance put party before country and even more shamefully, put party before victims of grooming gangs.
“Independent advisers have now confirmed that Angela Constance breached the Ministerial Code not once but twice.
“This investigation should have been triggered by John Swinney – but instead he followed the culture of secrecy and cover-up that he has created from the top.
“John Swinney has put his party before country every single time.
“John Swinney tried to withhold evidence from the Salmond Committee, he defended Michael Matheson over his iPad Bill, and he has done the same with Angela Constance.
“The most important people here are the victims of grooming gangs and child sexual exploitation.
“It doesn’t matter if Angela Constance has the confidence of John Swinney and the SNP – she has lost the confidence of survivors and on that basis she must resign.”
Responding to the findings, Scottish Liberal Democrat, Jamie Greene MSP, said: “It is very disappointing that on the first day back after recess, the parliament is once again distracted by two debates about the conduct of its members.
“We can go back and forth on issues of intent, but the Cabinet Secretary knows as well as I do that what we say and the words we use matter, to victims.
“Angela Constance would do well to reflect on whether she honestly still believes she commands the full confidence of Scotland’s justice system, including that of victims.”
Scottish Ministers are bound by the 2025 edition of the Ministerial Code of Conduct.
