Independent Advisers on the Scottish Ministerial Code investigation queries: FOI Review

Information requested

Original Request 202600500686

Regarding the Independent Advisers on the Scottish Ministerial Code and their investigation into Angela Constance between December 2025 and January 2026:

1. Between opening and concluding their investigation, how many hours in total did each of the Independent Advisers spend investigating the case? Provide it overall it if is not possible to break it down per adviser.

2. Which days did each of the Independent Advisers work on the investigation? For example, they worked on it on 2 January, 3 January, etc.

3. Did the Independent Advisers interview Angela Constance and/or any Special Advisers during their investigation? If so, for how long, was it in person or virtual, and on what date?

4. Who did the Independent Advisers interview during their investigation? Please provide a list of job titles if possible or the area they work in.

5. The total cost of conducting the investigation. For example, expenses, etc.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:

Regarding the Independent Advisers on the Scottish Ministerial Code and their investigation into Angela Constance between December 2025 and January 2026:

1. Between opening and concluding their investigation, how many hours in total did each of the Independent Advisers spend investigating the case? Provide it overall it if is not possible to break it down per adviser.

2. Which days did each of the Independent Advisers work on the investigation? For example, they worked on it on 2 January, 3 January, etc.

3. Did the Independent Advisers interview Angela Constance and/or any Special Advisers during their investigation? If so, for how long, was it in person or virtual, and on what date?

4. Who did the Independent Advisers interview during their investigation? Please provide a list of job titles if possible or the area they work in.

5. The total cost of conducting the investigation. For example, expenses, etc.

You subsequently submitted a request for review, stating that you did not accept the Scottish Government’s response that it did not hold the requested information, and asking that the information be sought from the Independent Advisers on the Ministerial Code.

I have reviewed the response which advised that there was no information held to answer your request, and have concluded that the original decision should be confirmed, with modifications.

It may be helpful if I explain that a request under FOISA is a request for recorded information held by the authority at the time of the request. With regards to Questions 1, 2, 4 and 5 of your request, this information is not collected by, and therefore not held by the Scottish Government. Having conducted appropriate and proportionate searches for the information myself, I am satisfied that the Scottish Government does not have the information you have requested, and I am therefore satisfied with the application of an exemption under section 17(1) of FOISA.

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 therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

With regards to Question 3 of your request, I can advise that neither Angela Constance nor Special Advisers were interviewed by the Independent Advisers.

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.