Humza Yousaf and deputy Shona Robison urged to refer themselves for WhatsApp probe

The Scottish Conservatives have accused the pair of misleading Holyrood

Humza Yousaf and his deputy, Shona Robison, have been urged to refer themselves to the independent adviser on the ministerial code after being accused of misleading the Scottish Parliament.

The First Minister has come under increasing pressure in recent weeks over the release of WhatsApp messages to the UK Covid inquiry.

A timeline published by the Scottish Government last week – at the request of the UK inquiry – appeared to conflict with previous statements.

Humza Yousaf arrives for First Minister's Questions in the Scottish Parliament, accompanied by his deputy Shona Robison. Picture: Jeff J Mitchell/Getty Images

Mr Yousaf previously told MSPs the inquiry only asked for WhatsApp messages to be handed over in September, “just a matter of weeks ago”. Ms Robison had also referred to September in a Holyrood statement. However, the timeline showed messages were requested in February.

On Thursday, Mr Yousaf accepted the Government had interpreted earlier requests from the inquiry "too narrowly”. He said it had now taken “corrective action” and provided 14,000 messages, while he has also handed over his own WhatsApps.

The First Minister “apologised unreservedly” for “any shortcomings on our behalf” that had caused distress to bereaved families.

However, the Scottish Conservatives are accusing Mr Yousaf and Ms Robison of breaching section 1.3 (c) of the code which requires ministers to give “accurate and truthful” information to Parliament.

Party leader Douglas Ross said the pair must refer themselves to the independent adviser to allow for a full investigation. He will push the issue during a debate in Holyrood on Wednesday.

If Mr Yousaf and Ms Robison were found to have intentionally misled parliament, they will be “expected to offer their resignation”, according to the ministerial code. The Tory motion is unlikely to pass, however, as it would need the support of the Scottish Greens, who are currently in a power-sharing agreement with the SNP.

Mr Ross said: “Humza Yousaf and Shona Robison – the two most senior members of the SNP Government – have deliberately misled the Scottish Parliament. That is why my party will use our debating time in Holyrood to urge the First Minister and Deputy First Minister to refer themselves to the independent adviser on the ministerial code.

“Only then can the whole truth be fully uncovered as to whether or not they have fallen short of the standards that the public expect them adhere to.

“They have clearly contradicted themselves with their statements in relation to requests by the UK Covid Inquiry, which simply do not stand up to scrutiny. They sum up the culture of cover-up and secrecy at the heart of the SNP Government. This latest example is a gross insult to the grieving families at the heart of the Covid Inquiry, who have seen its progress frustrated thanks to the SNP’s misleading statements.”

The independent adviser – who since 2013 has been James Hamilton – is tasked with assessing if the ministerial code has been breached. Mr Hamilton previously cleared former first minister Nicola Sturgeon of a breach over when she knew about allegations made against her predecessor Alex Salmond.

Last week, a spokesman for Mr Yousaf said he would not be referring himself to the independent adviser.

A Scottish Government spokesman said: “The First Minister has made clear that neither he, nor the Deputy First Minister, has misled Parliament. The Scottish Government has worked and will continue to work tirelessly to provide the UK Covid Inquiry with the materials it has requested. In total more than 19,000 documents have already been provided to the UK Inquiry.”