Scotland's top mandarin defends civil servants working with SNP minister for independence

John-Paul Marks said the civil service must act with impartiality

Scotland’s top mandarin has defended the use of civil servants to support the work of the SNP’s controversial minister for independence.

John-Paul Marks, the permanent secretary of the Scottish Government, said it was “necessary” for the civil service to serve ministers with impartiality.

It comes after Scottish Secretary Alister Jack asked the UK civil service not to engage with the newly-created minister. He said the appointment was “completely out of step with the real priorities of the public”.

John-Paul Marks. Picture: Scottish Parliament TV

First Minister Humza Yousaf appointed Jamie Hepburn as the minister for independence following his victory in the SNP leadership race. The Scottish Conservatives have called the role a “taxpayer-funded nationalist campaigner”.

Mr Marks was asked about the issue while giving evidence to Holyrood’s finance and public administration committee. He said he had “responded to a number of pieces of correspondence regarding this”.

He added: “It is for the First Minister to appoint his ministerial team, given his priorities, and that ministerial team is then voted on by this parliament. And then it is for the civil service to serve that ministerial team with impartiality.

"So we serve the government of the day – that includes with regards constitutional reform, and it has been well understood under devolution for many years that the civil service in the Scottish Government serves the Scottish Government and their priorities, and we provide policy advice, including the development of the prospectus [independence] paper series, for this government to set out its constitutional objectives.”

Mr Marks, who became permanent secretary in January 2022, said this was “not just a theoretical debate or a strategic, long-term debate”, adding: “It is a here and now reality, whether that be regarding the use of Section 35 or the interaction with the UK Internal Market Act or the fiscal framework review.

"So from my perspective, there is very clear, proper, and regular grounds for the First Minister to appoint his ministerial team. It is necessary for the civil service to serve that ministerial team with impartiality, and there is a clear set of constitutional priorities here and now which need advising on and tackling.”

He said the history of devolution is one of change and not stagnation.

MSPs on the committee are conducting an inquiry into effective decision-making in the Scottish Government.