Scotland’s ministerial code updated to say complaints against ministers will be made public

First Minister Humza Yousaf said the move would set ‘the highest standards of propriety and transparency’

The ministerial code for the Scottish Government has been updated to make clear that complaints against ministers by civil servants will now be made public.

First Minister Humza Yousaf said the move would set “the highest standards of propriety and transparency”. It follows controversy over a probe into former SNP minister Fergus Ewing. He was the subject of an internal investigation after being accused of bullying civil servants in 2019, when he was the rural affairs secretary.

Mr Ewing has “completely rejected” the accusations, and the findings of the probe have never been made public. Nicola Sturgeon, the former first minister, previously said there were “very considerable legal data protection issues” preventing publication.

First Minister Humza Yousaf

The new text of the ministerial code makes clear that for future complaints, certain information will be made public after the investigation has concluded. This will include the minister’s name, the nature of the complaint and the outcome of the probe, but nothing that could lead to the identification of any complainer or witness. This will occur even after a minister has left office.

The code states: “Ministers in post at and from the time of publication of this edition of the code agree to co-operate and engage fully and promptly with any complaint processes, including any informal process or with any formal process conducted under the procedure for making a formal complaint about a minister’s or former minister’s behaviour regardless of when such behaviour is alleged to have occurred. For the avoidance of doubt, this obligation to co-operate will continue to apply to a minister after they have left office.”

Changes to the code also include the introduction of an annual review of ministers’ private interests, and pro-active publication of these interests on an annual basis, as well as general updates on provisions for maternity leave and to reflect the introduction of the Bute House Agreement between the SNP and the Greens.

The Scottish Government was previously accused of repeated failures in its handling of harassment complaints made against former first minister Alex Salmond. He was later acquitted of multiple criminal charges after a trial at the High Court in Edinburgh.

Mr Yousaf said: “This new edition of the ministerial code sets the highest standards of propriety and transparency for Government ministers. All Scottish ministers, including myself, are bound by its terms and are committed to uphold the principles of public life, ensuring integrity, accountability and honesty at every level of leadership.

“Scottish ministers are committed to building a better future for the people of Scotland while facing the profound challenges of our time. This will mean taking some tough decisions to ensure that we support those in greatest need, and it is vital that we are guided in this mission by a clear set of principles.”

Scottish Conservative chief whip Alexander Burnett said: “This update will mean little if the SNP Government don’t have any intention of enforcing it when it needs to be. The public are sick and tired of the culture of spin and secrecy at the heart of the SNP and will want ministers to be held to the highest standards at all times."

Mr Burnett added: “This new code must herald a culture change at the heart of the SNP Government, who promised to be the most open Government ever.”