Ministerial Code breach information: FOI release

Information requested

I request a FOI to publish the evidence of the existence of the “spectrum” the “independent” advisors are working to and point to the exact paragraphs in the Code where it says certain breaches are less significant than others.

This FOI must also provide a full list of Ministerial Code breaches that are at the “lower end” of this fictional spectrum that allow a Scottish Minister to break the Code without any punishment and provide a full list of Ministerial Code breaches that are at the “medium” and “high” end of the spectrum.

Response

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested.

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.

It may be helpful if I clarify that the phrase “lower end of the spectrum” was used by the Independent Advisers in their report during the investigation into the Cabinet Secretary for Justice and Home Affairs. This wording does not appear in the Ministerial Code and reflects the Advisers’ own assessment and terminology within their published findings.

The Ministerial Code states:

2.7 Where the First Minister determines that a breach of the expected standards has occurred, they may ask the Independent Advisers for advice on the appropriate sanction. The final decision rests with the First Minister.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.