Business Appointment Rules advice: Mairi Gougeon

Former minister: Mairi Gougeon, former Cabinet Secretary for Rural Affairs, Land Reform and Islands
Left office: May 2026
Appointment: Chief Executive Officer (Delegate with transition to substantive), Scottish Fishermen’s Federation 
Advice provided: September 2026 
Appointment start date: October 2026

Dear Ms Gougeon,

Thank you for your application under the Business Appointment Rules for Former Ministers (‘the Rules’) in relation to your appointment as Chief Executive Officer Designate for the Scottish Fishermen’s Federation, due to commence in October 2026, and, from the retirement of the current Chief Executive Officer, as Chief Executive Officer for the Scottish Fishermen’s Federation. 

The purpose of the Rules is to protect the integrity of government, while enabling individuals to move to roles outside of government, by seeking to ensure that those who have served in government do not profit improperly from that experience and that their future employer does not gain unfair advantage through privileged access to government. 

Section 12.2 of the Scottish Ministerial code sets out the process that former Ministers must follow, including seeking advice from the Independent Advisers before taking up any appointments or employment. 

We have carefully considered your application, and consider that the following conditions should be applied. It is your responsibility to ensure that these are demonstrably applied in practice:

• waiting period – the formal waiting period of three months for Cabinet members has lapsed and we see no need to extend, given your appointment as Chief Executive Designate will not commence until October 2026
• privileged information condition – you should not draw on (disclose or use for the benefit of the Scottish Fishermen’s Federation, including its related parties and clients) any privileged information available to you from your time in ministerial office. This is an ongoing duty irrespective of the time elapsed since you left office
• lobbying condition – for two years from your last day in office, you should not become personally involved in lobbying the Government or its arm’s length bodies on behalf of the Scottish Fishermen’s Federation (including its related parties and clients); nor should you make use, directly or indirectly, of your contacts in the government and/or ministerial office to influence policy, secure business/funding or otherwise unfairly advantage the Scottish Fishermen’s Federation (including its related parties and clients). This is not intended to prevent you from having contact with the Government to discuss the Scottish Fisherman’s Federation work in line with your duties as Chief Executive Officer. However, it would prevent you from making use, directly or indirectly, of your Government and/or ministerial contacts to influence policy, secure business/funding or otherwise unfairly benefit the Scottish Fishermen’s Federation (including its related parties and clients)
• contracts and bids condition – for two years from your last day in office, you should not undertake any work with the Scottish Fishermen’s Federation (including its related parties and clients) that involves providing advice on the terms of, or with regard to the subject matter of a bid with, or contract relating directly to the work of, the Government or its arm’s length bodies

We would be grateful if you would additionally note the following points:

• this advice is not an endorsement of the appointment
• this advice relates solely to your previous role in government; it is separate from rules administered by other bodies such as the Office of the Registrar of Consultant Lobbyists, the Parliamentary Commissioner for Standards and the Registrar of Lords’ Interests. It is your personal responsibility to understand any other rules and regulations you may be subject to in parallel with this advice
• by ‘privileged information’, we mean official information to which you had access as a consequence of holding office and which is not publicly available. You are also reminded that you may be subject to other duties of confidentiality, whether under the Official Secrets Act, the Ministerial Code or otherwise
• as set out in the Rules, the lobbying restriction means that former ministers ‘should not engage in communication with government (ministers, civil servants, including special advisers, and other relevant officials/public office holders) –wherever it takes place – with a view to influencing a government decision, policy or contract award/grant in relation to their own interests or the interests of the organisation by which they are employed, or to whom they are contracted or with which they hold office’

In connection with the points above regarding lobbying of the Government, we note that you have confirmed that you would not take part in any lobbying activity yourself. Any such activity would instead be delegated to the President, Vice President or another member of the Federation, or during any agreed handover period, would continue to be undertaken by the current Chief Executive Officer. 

As soon as you take up the appointment, or if it is announced that you will do so, you are obliged under the Rules to inform the secretariat who will then publish this letter. 

You must also inform us if you propose to extend or otherwise change the nature of your role as, depending on the circumstances, it may be necessary for you to make a fresh application.

Yours sincerely,

Claire Loftus, Sir Ernest Ryder and Sir John Manzoni, 
The First Minister’s Independent Advisers on the Ministerial Code 

Annex – Material information and consideration of the risks

The role 

You wish to take up a paid, full-time role as Chief Executive Officer Designate in October 2026 (the Commencement Date) and, from the retirement of the current Chief Executive Officer, as Chief Executive Officer for the Scottish Fishermen’s Federation. The timing of the change in job title is to be confirmed, but not expected to be later than 6 months from the Commencement Date. This role will promote and protect the interests of the Federation’s Member Associations, representing the Scottish fishing fleet.  

Your role would include 

• leading the Federation, S.F.F Services Limited and Marine Environmental Solutions Limited (the Group)
• overall responsibility for the operation and policy delivery of the Group
• support and contribute to policy formation within the Federation and lead the promotion of policies, to all relevant decision-making organisations
• lead as the public facing officer for the Federation, driving forward delivery of the organisation’s objectives
• engagement with politicians, media outlets and the public on behalf of the Group

Departmental assessment

The Scottish Government confirmed your previously declared engagement with the Federation, including your financial and policy decision responsibilities, alongside events you undertook during your Ministerial tenures. Subject to your ongoing obligations under the Ministerial code, the Scottish Government’s Propriety and Ethics directorate have recommended standard conditions be applied to this appointment, in line with the Rules. 

Our consideration of the risks

The risks relating to your involvement in policy, regulatory or commercial decisions specific to the Group are limited because:

• you undertook an open and fair recruitment process for this appointment
• the passage of time to appointment commencement limits the risk of privileged insights being perceived as offering and unfairly advantage to the Group
• the Federation’s ambition is to preserve and promote the collective interests of Scotland’s fishermen’s associations, and as such does not serve an individual business’s interests but that of its eight constituted associations

Your appointment with the Scottish Fishermen’s Federation is anticipated to include direct engagement with Scottish Government alongside other governments to support the delivery of the Federation’s ambitions. We have applied a lobbying ban for two years to support separation of engagement. You should not use your previous contacts at Government to unfairly advantage the Group.  

In respect of contacts in other governments and organisations acquired only as a result of your role as a minister, there is a risk you could be seen to advantage the Group unfairly by drawing on such contacts on their behalf to secure funds or opportunities for new income streams. We have therefore applied a restriction to prevent you from lobbying these contacts for the purpose of fundraising or prospecting for new income streams for the group.

These factors significantly limit the risk of a reasonable perception that you are being appointed as a reward for previous decisions, to influence the Government on the Group’s behalf.