Ministerial advisers able to launch conduct probes

PA Media First Minister John Swinney, a bald man with glasses, speaks in front of a blue screen at a podium in a close-up shot PA Media
John Swinney had pledged to strengthen rules governing ministers

Independent advisers to Scottish ministers are being given the power to start inquiries into alleged rules breaches without needing a referral from the first minister.

The change is included in an updated version of the ministerial code published by the government.

First Minister John Swinney pledged changes in September to "set the highest standard of propriety and integrity".

He said the update to the ministerial code was the most significant since 2008.

Under the changes, independent advisers will be able start investigations into alleged breaches of the ministerial code when they feel it is necessary.

Previously, they could only act after receiving a direct referral from the first minister.

If a breach of the code is established, advisers will be able to recommend sanctions.

Advisers are to play a further role in reviewing the processes in place to manage the annual review of ministers' declarations of interest.

The government has also published the terms of reference for advisers for the first time.

'Greater scrutiny'

John Swinney said: "The strengthening of the code gives a clear focus on public service and duty and the enhanced role of the independent advisers assures greater scrutiny, transparency and accountability."

The change comes after the government named new independent advisers.

They are Claire Loftus, Ireland's former director of public prosecutions, ex-Cabinet Office permanent secretary Sir John Manzoni and Sir Ernest Ryder, former lord justice of appeal and senior president of tribunals.

Swinney said the trio would ensure ministers act "at the very highest standards of integrity and propriety".

They have replaced Lady Elish Angiolini and James Hamilton.

The latter led the investigation which cleared Nicola Sturgeon of a ministerial code breach in 2021.