FMQs: Humza Yousaf says claims minister Jenny Gilruth broke ministerial code with ScotRail delays decision will be investigated

But the First Minister defended Ms Gilruth and said her decision was taken for the ‘correct reasons’

Humza Yousaf has said he will investigate claims a senior SNP minister broke the ministerial code by delaying rail works in order to benefit her constituents.

The Scottish Conservatives accused Jenny Gilruth, who was then transport minister but is now the education secretary, of a “clear-cut, sackable offence”.

But the First Minister said the party was simply throwing “as much mud as possible” in the hope that some of it would stick, and defended Ms Gilruth.

Education secretary Jenny Gilruth, seen with Humza Yousaf, has been quizzed about decisions made while transport secretary. Picture: Jane Barlow/PA

He told journalists: “From information I have in front of me, it does not look like there has been a breach. I can see perfectly legitimate reasons why Jenny Gilruth made the decisions she made at the time.”

The row centres on proposed line electrification work between Edinburgh Haymarket and Dalmeny in West Lothian, which would have caused eight days of disruption across Fife and central Scotland from Boxing Day last year.

In a story first reported by The Scotsman, Ms Gilruth, who is the MSP for Mid Fife and Glenrothes, asked for the works to be postponed.

The Tories pointed to documents released under Freedom of Information legislation, which show officials told the Government this could lead to an extra £1 million in cost and cause disruption to 9,000 passengers a day due to the work taking place at non-holiday times. The work has still not been carried out.

First Minister Humza Yousaf speaking to staff during his visit to NHS 24's Dundee contact centre. Picture: Euan Cherry/PA Wire

Scottish Tory leader Douglas Ross raised the issue at First Minister’s Questions, saying Ms Gilruth “appears to have forced a change in order to give preferential treatment to her constituents at a higher cost to taxpayers and far more disruption to passengers”.

The First Minister said Mr Ross was making “very serious accusations indeed” and there would be an “appropriate investigation”. However, he said the situation was not as Mr Ross described, saying the decision was made for the “correct reasons” to benefit the “entire network”.

He said the original works “would have caused significant disruption right across the whole east coast of Scotland”, including for passengers in Dundee, Perth and Aberdeen, and Ms Gilruth had “rightly” asked for a postponement to allow time for engagement with communities.

The Tory leader said Ms Gilruth “should not even have been involved in this decision” and “should have recused herself because of the clear potential for a conflict of interest”. He also suggested such “political interference” forced Chris Gibb to resign as chief executive of ScotRail Holdings.

Mr Yousaf responded: “Douglas Ross, once again, is making really serious accusations, I’m afraid without any evidence. And what he is hoping to do, and he’ll do this because he is undoubtedly desperate, is throw as much mud as possible and hope that some of it sticks.”

The First Minister said it seemed “pretty clear” that Ms Gilruth made the decision to minimise disruption for passengers across the network.

Mr Ross said: “The ministerial code states that you must keep separate the role of a minister and your role as a constituency MSP. This doesn’t just look like preferential treatment in the constituency, it looks like a truly awful decision that will cost taxpayers millions and lead to greater disruption. Five months on, the essential works that Jenny Gilruth delayed have still not happened.

"This looks like a clear-cut, sackable offence, but at the very least this needs more than the First Minister looking at this over breakfast. It needs an urgent investigation now.”

The Scottish Tory leader later wrote to Mr Yousaf formally requesting that Ms Gilruth be investigated over a potential breach of the ministerial code. He said: “In a rambling performance at FMQs, Humza Yousaf said he had investigated the issue prior to coming to the chamber and was satisfied Jenny Gilruth had done nothing wrong, before saying he’d be happy to investigate it further.

“Naturally, I am therefore concerned that the First Minister has already prejudged the outcome of the investigation he’s agreed to hold. But it is very clear the serious issues raised around Jenny Gilruth’s conduct need to be fully investigated.”

Labour also raised concerns. The party’s business manager Martin Whitfield said: “We urgently need an investigation into what appears to be a breach of the ministerial code. It would be grossly inappropriate for a minister to use their position to try and win favour with local voters.

“Jenny Gilruth’s intervention will hit the public purse and cause rail misery for more passengers – we need to know the reason for it. Humza Yousaf cannot keep looking the other way while scandal and sleaze engulf his party.”

Speaking after FMQs, a spokeswoman for the First Minister said he “will follow the normal process” in investigating the issue. She said Mr Yousaf “will go away, get the full detail, look fully into it” and come to a final decision.

Asked if the First Minister intended to speak to Mr Gibb to ascertain whether the events were a factor in his resignation, the spokeswoman said: “Not as far as I know.”

The ministerial code makes clear the First Minister is the “ultimate judge of the standards of behaviour expected of a minister and of the appropriate consequences of a breach of those standards”. However, it also says he can “refer matters to the independent advisers on the ministerial code” to provide him with advice.

Network Rail said it is working with Transport Scotland to assess revised proposals for the rail works. A spokesman added: “Once this is complete, we will be able to give a further update.”