Scottish Ministerial Code to be strengthened

Independent Advisers will be able to launch investigations into alleged breaches of the Ministerial Code under new powers being given to them by the First Minister.

Currently, investigations can only begin following a referral from the First Minister. Now, the Scottish Ministerial Code will be strengthened to enable independent advisers to investigate potential breaches whenever they feel it is warranted. 

In a further reform, where a breach is established, advisers will be able to provide advice to the First Minister on appropriate sanctions. 

The independent advisers will also be given a role in scrutinizing Ministers’ declarations of interests so they can offer advice on avoiding actual or perceived conflicts of interest.  

First Minister John Swinney said: 
 
“The people of Scotland rightly expect Ministers, including myself, to be held to the highest standards.  

“The 2023 Ministerial Code already set an extremely high bar in terms of standards in public life and these updates to the Scottish Ministerial Code, which are, collectively, the most significant since independent advisers were introduced in 2008, will further increase transparency and scrutiny.  

“These changes, and others which will be confirmed when the new Code is published, will ensure we keep the public trust and continue to deliver for the people of Scotland.”

Background 

Scottish Ministerial Code 2023 edition 

The First Minister announced the planned changes to the Scottish Ministerial Code as part of his 2024-25 Programme for Government statement. The updated Code will publish later this year. Terms of Reference for the independent advisers will also be published alongside the Code.  

Letter to Citizen Participation and Public Petitions Committee