Ministerial Code investigation: First Minister letter to Justice Secretary

To: Justice Secretary Angela Constance

From: First Minister John Swinney

Letter of Reprove

You are aware that, in accordance with the Scottish Ministerial Code, the Independent Advisers to the Code informed Scottish Government officials on 22 December 2025 of their decision to independently investigate the complaints made on 12 December 2025 by Mr Russell Findlay MSP and on 16 December 2025 by Mr Anas Sarwar MSP.

You are also aware that the Independent Advisers have submitted their report to me and a copy of that report has since been shared with you.

The changes I introduced with the publication of the 2024 edition of the Scottish Ministerial Code marked the most fundamental developments to the Code since the introduction of Independent Advisers in 2008. These changes were supported by my appointing three new Advisers into the role, alongside a strengthening of their role and the process of independent scrutiny and advice that they can provide to me.

I am grateful to my Advisers for their thorough consideration of the issues and for their advice to me in relation to these allegations against you.

I have considered their report and conclusions carefully.

I accept the Advisers' conclusions that there have been two breaches of the Ministerial Code, and that in both cases the breach was inadvertent and that there was no deliberation nor intent to knowingly mislead Parliament.

I am grateful to my Advisers for their unequivocal assertion that there is no evidence that your statement to Parliament was inaccurate or untruthful. It is also true that, once you became aware of this error, you took steps to rectify it in seeking a correction to the minutes of the National Strategic group. However, the Advisers are clear that, given the significance the debate has to both the Parliament and to the public, further steps should have been taken in order to ensure that this correction was also made to the Parliament.

The Advisers' report also concludes that an official should have been present for the telephone call that you held with Professor Jay on 1 December given the complex and highly sensitive nature of the matters at hand and the importance of transparency. They recognised that the decision not to do so represents an error of judgement on your behalf at that specific moment.

The Advisers have, in line with their Terms of Reference, provided advice to me on the appropriate sanction in light of their conclusions.

I accept their recommendation that the issues at hand are:

"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 forma/ and in writing accompanied by a statement to Parliament by Ms Constance to clarify the words used and thereby add to the official Record.

This letter of reprove constitutes the first part of that sanction and you will make a formal oral Ministerial Statement to Parliament this afternoon in line with the recommendation of the Advisers.

I know that you share my belief that Ministers must act in a way that upholds the highest standards of propriety and that it is absolutely right that, as office holders, Ministers are held to the highest possible standards of proper conduct.

I also know that you will continue to reflect on these matters and ensure that due process is followed in all circumstances and in such a way that meets our obligations to the Parliament, and to ensure that these errors, whilst inadvertent, are not repeated in the future.