List of ministers' interests

Guide to the categories of interest

Ministers are asked to declare their relevant interests to the Permanent Secretary in a number of categories. The Permanent Secretary advises on the management of any interests that may conflict, or appear to conflict, with specific ministerial responsibilities.

Section 1 - financial interests

The list includes financial interests held by a Minister that are relevant, or may be perceived to be relevant, to their Ministerial portfolio. It is not therefore a register of all financial interests.  Relevant interests will include bank or building society accounts, investments other than shareholdings in individual companies, pension funds, any other financial assets or interests, such as interest in a family trust, mortgages and loans or other liabilities – but only where any of these are relevant to the Minister’s portfolio responsibilities.

The Ministerial Code says the following:

Financial interests

11.8    Ministers must scrupulously avoid any danger of an actual or perceived conflict of interest between their Ministerial position and their private financial interests. They should be guided by the general principle that they should either dispose of the interest giving rise to the conflict or take alternative steps to prevent it. In reaching their decision Ministers should be guided by the advice given to them by the Permanent Secretary. Ministers’ decisions should not be influenced by the hope or expectation of future employment with a particular firm or organisation.

Steps to be taken where financial interests are retained

11.9    Where, exceptionally, it is decided that a Minister can retain an interest, the Minister and the Permanent Secretary must put processes in place to prohibit access to certain papers and ensure that the Minister is not involved in certain decisions and discussions relating to that interest.

11.10  In some cases, it may not be possible to devise a mechanism to avoid a conflict of interest. In any such case, the First Minister must be consulted and it may be necessary for the Minister to cease to hold the office in question.

Section 2 - directorships and shareholdings

Ministers are invited to list any directorship they hold, whether in a public or private company, and any relevant shareholding or share options they have in individual companies.

Directorships

While Ministers would not normally retain directorships while in office, in some specific circumstances it may be acceptable for a directorship to be retained, for example in connection with the management of a residential property or small family enterprise, subject to specific undertakings to avoid any conflict. Recently appointed Ministers sometimes need time to arrange their retirement from private company directorships and, in such cases, the relevant directorships are included in the list. All such positions are generally expected to be unpaid.

Shareholdings

Information on shareholdings should be read alongside the relevant Parliamentary register. The List of Ministers’ Interests does not duplicate this information and is not a register of all interests. However, where shareholdings are held by particular Ministers that are below the parliamentary thresholds for disclosure, but are deemed to be relevant to their respective portfolios, these are included within the list.

Section 3 - heritable property

Ministers have a registrable interest in heritable property where they own or have any right or interest in houses, land or buildings which might reasonably by perceived as relevant to their Ministerial responsibilities. They are not required to include property which they or their spouse or partner use as a residential home.

Ministers are required to list any relevant interests under the following headings – (a) property they own which they rent or lease out and (b) property which they are renting or leasing from another person on preferential terms.

The list includes investment properties where relevant to the Minister’s Ministerial portfolio. It is not therefore a list of all investment properties.

Section 4 – sponsorship

Here Ministers are asked to list any sponsorship they have received from organisations such as trade unions, and the amount of that sponsorship.

Section 5 – public appointments

Here, Ministers are asked to list any public appointments they hold, including school board memberships, membership of the boards of public bodies, etc.

Section 11.12 of the Code says that “When they take up office, Ministers should give up any other public appointment they may hold. Where, exceptionally, it is proposed that such an appointment should be retained, the Permanent Secretary and the First Minister must be consulted.”

Section 6 – charities

The list includes charities where a minister holds a significant position such as patron, trustee or member, and includes those which are relevant to their ministerial portfolio. It does not include charities to which Ministers donate in their private capacity.

Section 7 – any other relevant interests

The list includes other interests which could have relevance to their specific ministerial responsibilities, for example a relevant business based in their constituency or relevant community groups. Examples might also include membership of Parliamentary or academic bodies or societies. Ministers are asked to also list any particular interests in the constituency or region which they represent and which are directly relevant to their responsibilities as a Minister.

Section 8 – interests of spouse, partner or close family member

This section asks Ministers to include details of any interest held by their spouse, partner or member of their immediate family (including parents, siblings or children) in any of the above categories, which might reasonably be perceived as relevant to their Ministerial responsibilities.

Paragraph 11.4 of the Ministerial Code says that Ministers should disclose to the Permanent Secretary the interests of their spouse or partner and close family which might be thought to give rise to an actual or perceived conflict. Where a spouse or partner’s interests are deemed to be potentially relevant to a Minister’s portfolio, arrangements are put in place to manage this.

Additional care is taken in considering which interests held by Ministers’ family members should be included in the list so as to avoid excessive and unreasonable intrusion into their lives. It is important to recognise the right of these individuals to a degree of privacy over their affairs and also to avoid compromising their ability to continue in gainful trade and/or employment. Accordingly, judgments are made about which interests are directly and significantly relevant and should therefore be included in the list. What counts as “close family” is determined on a case by case basis. Ministers cannot be expected to know the detail of the affairs of all those they are related to, but where they have close and ongoing contact Ministers are expected to take reasonable steps to ensure they adhere to their responsibilities under Chapter 11 of the Ministerial Code.

Section 9 – relationships with the government of close acquaintances or advisers

This section asks Ministers to include details of any close acquaintances or advisers who, to the Ministers’ knowledge, have a contractual relationship with the Scottish Government; or are involved in the development of Government policy.

Paragraph 11.4 of the Ministerial Code says that the Permanent Secretary will seek confirmation from Ministers, at the time of their appointment, as to whether they are aware of any close acquaintances or advisers who have such a relationship or involvement.

Section 10 – compliance with legal obligations

In this section Ministers are asked to confirm that their tax affairs are up to date and that the arrangement of their affairs is consistent with their overarching duty to comply with the law.