Formal complaints made about Scottish Government Ministers under the Ministerial Code: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
Following information regarding formal complaints made about Scottish Government Ministers (including former Ministers) under the Ministerial Code, covering the period from 1 May 2021 to the present:
- How many formal complaints have been made about Ministers under the Ministerial Code since 1 May 2021, broken down by year.
- For each complaint (or in aggregated form, if necessary), the category or nature of the complaint (e.g. bullying, harassment, discrimination, breach of the Code, misleading Parliament, etc.).
- Whether each complaint was upheld, partially upheld, not upheld, withdrawn, ongoing, or otherwise.
- What sanction or action (if any) resulted (in general terms).
- Among the concluded complaints, how many have been published in full or in summary form.
- For each published concluded complaint, whether the name of the Minister involved was included as per the Ministerial Code.
Response
It may be helpful if I explain that under previous iterations of the Ministerial Code, where an issue was considered to engage the Code and warrant further investigation, the First Minister could refer complaints to the Independent Advisers on the Ministerial Code for investigation. Under the current version of the Ministerial Code, published on 17 December 2024, the First Minister’s Independent Advisers are made aware of any allegations which engage the Ministerial Code and can now initiate an investigation under their own volition.
Under both the current and previous versions of the Ministerial Code, the findings of any investigation undertaken by the Independent Advisers are be published in a timely manner after a case has been considered by the First Minister. Any such findings would be published on the Scottish Government website at: https://www.gov.scot/publications/ministerial-code-advisers/pages/overview/.
I have therefore interpreted your request for information regarding formal complaints under the Ministerial Code as referring to two categories:
- Under previous iterations of the Ministerial Code, complaints which were considered to engage the Code and referred to the Independent Advisers.
- Under the current Ministerial Code, complaints which are considered to engage the Code,that the Independent Advisers have been sighted on and considered whether they wish to initiate an investigation under their own initiative.
Formal Complaints Made Under Previous Versions of the Ministerial Code
The link provided above lists all formal complaints which were considered to engage the Code prior to its current iteration, and were referred to the Independent Advisers of the time for investigation. The webpage also links to the published outcome for each complaint, which details the nature of the complaint, the outcome, the Minister involved and any relevant sanctions.
Beyond those published, no further formal complaints which were considered to engage the Code and referred to the Independent Advisers for investigation were received between 1 May 2021 and the publication of the current Ministerial Code on 17 December 2024.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information you have requested. Having conducted appropriate and proportionate searches for information in line with your requests, the Scottish Government holds no recorded information within the scope of your request.
This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
Formal Complaints Made Under the Current Ministerial Code
With regard to complaints made under the 2024 Ministerial Code, I can confirm that two complaints have been received. Both were considered to engage the Code and were therefore shared with the current Independent Advisers, allowing them to consider whether to initiate an investigation. Both complaints were reported in the media.
Sandesh Gulhane MSP submitted a complaint regarding the Deputy First Minister (Kate Forbes MSP) on 18 December 2024, alleging that the Deputy First Minister had breached the Ministerial Code by not ensuring that a copy of Emma Martins’ report on the use of mobile messaging applications was shared in advance of her statement to Parliament.
Stephen Kerr MSP submitted a complaint regarding the Cabinet Secretary for Health (Neil Gray MSP) on 24 January 2025 alleging that the Cabinet Secretary had misled Parliament by not correcting the record following a previous error.
In both cases, the First Minister concluded that there was no breach of the Ministerial Code and invited his Independent Advisers to consider whether they wished to launch an investigation under their own initiative. The Independent Advisers confirmed that they did not intend to investigate either matter and, as such, no sanctions therefore applied. As no investigation was undertaken by the Independent Advisers on those matters, no findings are published.
Although this falls outwith the scope of this request under FOISA, it may be helpful to note that, while the above information covers the period from 1 May 2021 to the time of your request, a further formal complaint under the Ministerial Code was made on 19 September 2025. As widely reported in the media, Douglas Ross MSP submitted a complaint regarding the behaviour of the now former Minister for Parliamentary Business, Jamie Hepburn MSP.
Jamie Hepburn MSP acknowledged that he did not behave as he believed he should have in Parliament and therefore tendered his resignation to the First Minister on 19 September. His letter of resignation, and the First Minister's reply, are publicly available. I have also attached the First Minister’s reply to Mr Ross here for information. As noted in his reply, the First Minister considered the matter closed.
There have therefore been three formal complaints made about Scottish Government Ministers (including former Ministers) under the Ministerial Code, covering the period from 1 May 2021 to the date of your request: one complaint in 2024, two complaints in 2025.
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Contact
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Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
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