Which official body is empowered to investigate: FOI release

Information requested

The Scottish Government’s procedures in the following circumstances:

1. If a minister in the Scottish Government misleads the Scottish Parliament, and does not voluntarily make a correction, which person or official body is empowered to investigate whether parliament has been misled? Are they also empowered to investigate other potential breaches of the ministerial code?
2. How can somebody outside the Scottish Government request that an investigation takes place? Who decides if an investigation will take place? 
3. If an investigation determines that parliament has been misled (or that some other breach of the ministerial code has occurred), what sanctions are available? And who decides if those sanctions should be applied?

Response

1. If a minister in the Scottish Government misleads the Scottish Parliament, and does not voluntarily make a correction, which person or official body is empowered to investigate whether parliament has been misled? Are they also empowered to investigate other potential breaches of the ministerial code?
   Ministers are personally responsible for deciding how to act and conduct themselves in light of the Ministerial Code and for justifying their actions to Parliament and the public. It is for the First Minister to determine what, if any, action to take with regard to any claim that any member of her ministerial team has breached any part of the Scottish Ministerial Code.
2. How can somebody outside the Scottish Government request that an investigation takes place? Who decides if an investigation will take place?
   It is open to any individual to contact the Scottish Government. While the First Minister will not expect to comment on every matter which could conceivably be brought to her attention, it is for the First Minister to determine what, if any, action to take in any particular circumstance.
3. If an investigation determines that parliament has been misled (or that some other breach of the ministerial code has occurred), what sanctions are available? And who decides if those sanctions should be applied?
   The First Minister is the ultimate judge of the standards of behaviour expected of a Minister and of the appropriate consequences of any breach of those standards.

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