Procedure for making a complaint about Ministerial behaviour: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002

Information requested

Whether the new Scottish Government’s ‘Procedure for making a complaint about a Minister or Former Minister’s behaviour’ published on 13 January 2022 will apply only to former ministers who were ministers at the time this procedure is in place OR if it applies to all former ministers regardless of whether or not this procedure is in place.

Whether legal advice was taken to clarify the line in the procedure that the nominating officer, decision maker or investigator will ‘have had no prior involvement with any aspect of the matter being raised.


The Scottish Government's new procedure for making a complaint about a Minister or Former Minister's behaviour, published on 13 January 2022, would, once it is in operation, apply to any complaint received about a former Minister's behaviour during their term of office, regardless of whether or not this procedure was in place when they were a Minister.

The Scottish Government has taken legal advice where appropriate on the development of the new procedure.

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Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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