Scottish Ministerial Code

6 Jan 2026 03:47 PM

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 Angela Constance.

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 John Swinney 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 John Swinney yesterday 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 feel 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