Conduct of ministers can be examined without FM’s instruction under new rules

Probes into the conduct of Scottish ministers can now be sparked without the First Minister’s instruction after new ministerial rules were introduced.

John Swinney published the updated ministerial code on Tuesday, including a change that will give independent advisers on the code the power to begin investigations into allegations of misconduct within the Government’s highest echelons.

Previously, advisers would have to wait for the First Minister’s instruction to do so.

Mr Swinney said: “The updated Scottish ministerial code, my first as First Minister, contains the most significant changes since 2008.

“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.”

On investigations into the conduct of ministers, the code said: “Where the independent advisers believe that an alleged breach of the code warrants further investigation and that matter has not already been formally referred to the advisers by the First Minister, they may initiate an investigation after notifying the First Minister.

“Ministers are expected to provide the independent advisers with all information reasonably necessary for the discharge of their role.”

But under the rules, the final decision on sanctions remains with the First Minister, as with previous iterations of the code, but the advisers can recommend sanctions following their investigation.

The First Minister announced earlier this month the two longstanding advisers on the code, Lady Eilish Angiolini KC and James Hamilton KC, had stood down after more than a decade in the role.

They have been replaced by former Irish director of public prosecutions Claire Loftus, former permanent secretary at the Cabinet Office and civil service chief Sir John Manzoni, and ex-lord justice of appeal Sir Ernest Ryder.