Nicola Sturgeon probe: Not every breach of the Ministerial Code is a resignation offence but probity still matters – Kenny MacAskill MP

There’s been much talk about breaches of the Ministerial Code south of the border. With a report imminent in Scotland, speculation regarding its application and effect is also mounting north of it.

Nicola Sturgeon is being investigated over whether she breached the Ministerial Code amid controversy over the Scottish Government’s botched handling of complaints made against Alex Salmond (Picture: Fraser Bremner/pool/Getty Images)

But just what’s the Ministerial Code? It’s not written in tablets of stone handed down from Moses but it’s important all the same.

In my case, it was a ring binder or something similar and I can still recall it though not its precise terms. I remember looking at it that first day I was in office. Many years have passed since I was sworn in but the day remains seared in my memory, a government car whisking me from home to the High Court to take the oath of office before the judiciary, then heading to St Andrews House where I met staff and was shown around.

But along with the meet-and-greet and the seat in the impressive new office, a folder was handed to me. It wasn’t talked through with me, I was simply advised it was the Ministerial Code and left to read it at my leisure. That I did that first day before putting it in the bottom drawer of the desk. I don’t think I had recourse to look at it thereafter or if I did I can’t recall.

In many ways it’s similar to what anyone starting a new post or job might be given, a formal written briefing explaining the rules and the do’s and don’ts. Most of it, as with any position, just straightforward and common sense.

There was nothing within the code that stood out or anything that challenged me about it. It was about probity in office and conduct to be expected, a specification almost of the symbolism in taking the oath.

The rules are not particularly onerous at all and, in any event, your life changes on becoming a minister. That varies from the mundane, to the extermely serious. The workload’s intense but the satisfaction in being able to make changes for the better’s equally considerable. It’s a job you know you can’t do forever but should enjoy the experience.

But the code matters. Not the specific wording as I’ve no doubt that changes over years but the context remains eternal. You’re a government minister and with that you’re given special rights and privileges. In return, you need to uphold the oath and abide by the rules. The same applies no doubt in other offices and no matter what that is, you abide by them. It’s about integrity in the individual and the position.

Breaches appear to have become of little consequence in Boris Johnson’s Cabinet, whether it’s Priti Patel’s behaviour or Matt Hancock’s contracts. As a consequence, contempt for that oligarchy’s increasing but sadly they’re also eroding faith in democracy.

In Scotland we’ll need to see James Hamilton’s report and what that brings. He’s the independent assessor considering the First Minister’s actions.

Is every breach a resignation offence? Context’s a factor and where a minister has misled Parliament a breach can be remedied by setting the record straight as soon as possible and indeed that’s not unusual.

But repeated breaches or a course of conduct? Call me old-fashioned but I still think that it matters that there’s probity in office and an adherence to values.

Kenny MacAskill is the SNP MP for East Lothian

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