Scottish Ministerial Code strengthened

Changes increase accountability and transparency  

The First Minister has published a new edition of the Scottish Ministerial Code, further strengthening the processes to support transparency, accountability and independent scrutiny. 

The new Code includes an enhanced role for Independent Advisers which allows them to initiate investigations into alleged breaches of the Ministerial Code when they feel it is warranted and without a direct referral from the First Minister. If a breach is established, advisers will be able to recommend appropriate sanctions.  
 
In addition, the Advisers will play a role in reviewing the processes in place to manage the annual review of Ministers’ declarations of interest. The Terms of Reference for the Advisers has also published for the first time. 

First Minister John Swinney said: “The updated Scottish Ministerial Code, my first as First Minister, contains the most significant changes since 2008.  
 
“The strengthening of the Code gives a clear focus on public service and duty and the enhanced role of the Independent Advisers assures greater scrutiny, transparency and accountability.   

“The new Independent Advisers Claire Loftus, Sir John Manzoni and Sir Ernest Ryder will provide invaluable advice and recommendations to me, ensuring Ministers are acting at the very highest standards of integrity and propriety.

“My thanks to former Independent Advisers Lady Elish Angiolini and James Hamilton for their many years of public service.”    

Scottish Ministerial Code 2024 edition: Scottish Ministerial Code: 2024 Edition – gov.scot

Scottish Ministerial Code to be strengthened

Advisers to investigate potential breaches 

Independent Advisers will be able to launch investigations into alleged breaches of the Ministerial Code under new powers being given to them by the First Minister.

Currently, investigations can only begin following a referral from the First Minister. Now, the Scottish Ministerial Code will be strengthened to enable independent advisers to investigate potential breaches whenever they feel it is warranted. 

In a further reform, where a breach is established, advisers will be able to provide advice to the First Minister on appropriate sanctions. 

The independent advisers will also be given a role in scrutinizing Ministers’ declarations of interests so they can offer advice on avoiding actual or perceived conflicts of interest.  

First Minister John Swinney said: “The people of Scotland rightly expect Ministers, including myself, to be held to the highest standards.  

“The 2023 Ministerial Code already set an extremely high bar in terms of standards in public life and these updates to the Scottish Ministerial Code, which are, collectively, the most significant since independent advisers were introduced in 2008, will further increase transparency and scrutiny.  

“These changes, and others which will be confirmed when the new Code is published, will ensure we keep the public trust and continue to deliver for the people of Scotland.”

Background 

Scottish Ministerial Code 2023 edition