Angela Constance 'unintentionally breached' ministerial code - but will not be sacked
First Minister John Swinney has issued a letter reprimanding his Justice Secretary.
Scotland's Justice Secretary has resisted calls to resign after a probe found she "unintentionally" breached two provisions of the code of conduct setting out how ministers should behave.
Angela Constance said she fully accepted the findings of the First Minister’s independent advisers on the ministerial code, which were released on Tuesday, and issued an apology.
But opposition politicians called for her to be sacked and accused the Scottish Government of “self-preservation over integrity”.
Ms Constance had been accused of misleading parliament by misquoting expert Professor Alexis Jay on the issue of grooming gangs.
Following an investigation, the advisers found Ms Constance’s comments "had the potential to mislead parliament" after she claimed Prof Jay agreed with her view that there did not need to be a grooming gang inquiry in Scotland.
However, they said there was no evidence she "knowingly misled parliament nor was the statement inaccurate or untruthful".
Ms Constance was also found to have committed another inadvertent breach by not having an official present during a phone call with the expert in December.
Prof Jay previously contacted the Justice Secretary to protest against the quotation which she felt did not accurately reflect her views. She said her remarks had referred to the situation in England and Wales, and had “nothing to do” with the position in Scotland.
It was agreed between Prof Jay and government officials that a clarification should be issued as part of the minutes of a meeting of the National Child Sexual Abuse and Exploitation Group.
However, the advisers on the ministerial code said the Justice Secretary should have sought to correct the record sooner as the criticism rumbled on.
They found Ms Constance’s breaches to be “at the lower end of the spectrum” of severity, adding it “therefore does not call for anything beyond a reprove which should be formal and in writing accompanied by a statement to Parliament by Ms Constance to clarify the words used and thereby add to the official record.”
The Tories tabled a vote of no confidence in Ms Constance in December, which she survived.
In a statement in Holyrood on Tuesday, she said: “I fully accept the report and the sanctions. I have received the reprove from the First Minister, which I accept and I apologise to him.”
She told MSPs: “For some people walking away is always easier than being held to account. I would much rather take the harder road of being held to account, to making amends and getting on with the job.”
Ms Constance apologised to Holyrood’s Presiding Officer for not making a statement to clarify the situation sooner, and “acknowledged the error of judgement” when she apologised to Professor Jay during a phone call in December that was not supervised by an official.
She said: “I am pleased the advisors note the quoting of Professor Jay was done without any intent to mislead. I hope we can focus on how to effectively address and prevent the horrific and insidious criminality involved in the exploitation of children.”
Scottish Conservative leader Russell Findlay called for Ms Constance to be sacked.
He said: “John Swinney insisted for weeks that there was nothing to see here and no breach of the ministerial code by Angela Constance. Well, he was wrong, because his discredited Justice Secretary did breach the ministerial code. She breached it not just once, but twice.
“I’ve been telling John Swinney this for weeks – but he put his SNP friend above the truth, respect for parliament and for grooming gang victims. We only have these official findings because of the sustained efforts of many Scottish Conservative MSPs.
“This saga has all the hallmarks of John Swinney’s government: cover up over candour and self-preservation over integrity.
“Angela Constance refused to say whether she has offered her resignation to John Swinney. If she lacks the integrity to quit, John Swinney must finally do the right thing and sack her.”
Scottish Labour leader Anas Sarwar said the Justice Secretary had lost the confidence of survivors and must resign.
“This has dragged on for 102 days because of Angela Constance and John Swinney’s inability to do the right thing,” he said. “Had Angela Constance put her hands up and said ‘I made a mistake’, this matter could have been done.
“Instead John Swinney and Angela Constance put party before country and even more shamefully, put party before victims of grooming gangs. Independent advisers have now confirmed that Angela Constance breached the Ministerial Code not once but twice.
“This investigation should have been triggered by John Swinney – but instead he followed the culture of secrecy and cover-up that he has created from the top. John Swinney has put his party before country every single time.”
Mr Sarwar added: “The most important people here are the victims of grooming gangs and child sexual exploitation. It doesn’t matter if Angela Constance has the confidence of John Swinney and the SNP – she has lost the confidence of survivors and on that basis she must resign.”
Scottish Liberal Democrat MSP Jamie Greene said: “It is very disappointing that on the first day back after recess, the parliament is once again distracted by two debates about the conduct of its members.
“We can go back and forth on issues of intent, but the Cabinet Secretary knows as well as I do that what we say and the words we use matter, to victims.
“Angela Constance would do well to reflect on whether she honestly still believes she commands the full confidence of Scotland’s justice system, including that of victims.”
In a statement, First Minister John Swinney said: “I greatly value the important and impartial role of the independent advisers on the ministerial code and I am grateful to the advisers for concluding their investigation promptly.
“I set up this system of independent advisers so that they could call in any issue they felt needs to be examined under their own authority and make recommendations as they see fit.
“They have exercised their ability to examine this case and make recommendations on sanctions. That provides real assurance that there is appropriate, independent scrutiny of ministers.
“I therefore accept the independent advisers’ conclusions, including that Ms Constance acted without any intention to mislead. The requirements of the independent advisers’ report will be followed in full.”
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