The Scottish Ministerial Code: independent advisers

Overview

The Scottish Ministerial Code provides a code of conduct and guidance on procedures for Scottish Ministers. The current edition was published in December 2024.

The June 2008 edition of the Scottish Ministerial Code introduced independent advisers on the application of the Code. The 2024 edition strengthened their role in a number of ways. This includes allowing them to instigate investigations without a referral from the First Minister.

Where they deem it appropriate, the First Minister may refer matters to the independent advisers to provide advice on which to base their judgement about any action required in respect of ministerial conduct. The Advisers can also choose to initiate an investigation into an alleged breach of the Code without a referral from the First Minister when they feel this is warranted. Where a breach of the Code is established, the Advisers can recommend appropriate sanctions to the First Minister.

The findings of the independent advisers are published.

Current independent advisers

There are 3 independent advisers to the First Minister on the Scottish Ministerial Code. All were appointed on 6 December 2024, and are:

• Claire Loftus, former Director of Public Prosecution in the Republic of Ireland 
• Sir John Manzoni KCB, former Cabinet Office Permanent Secretary and Chief Executive of the Civil Service 
• Rt Hon Sir Ernest Ryder, former Lord Justice of Appeal and Senior President of Tribunals 

Read more about these appointments in the news release announcing their appointment.

Terms of reference

The Terms of Reference of the Independent Advisers were published for the first time alongside the 2024 edition of the Ministerial Code and provide further information about the role and responsibilities of the Advisers. Information about the role of the Advisers is also provided in the Code itself at paragraphs 2.6 to 2.11.

Previous independent advisers

Details of independent advisers and their reports since 2008.

Name: Rt Hon Sir George Reid and Rt Hon Lord Steel of Aikwood KT KBE
Appointment: June 2008 to August 2011
Reports

• Ministerial Code Inquiry (March 2009)
• Ministerial Code Inquiry (August 2009)
• Ministerial Code complaint (2010)

Name: Rt Hon Dame Elish Angiolini QC DBE
Appointment: August 2011 to December 2024
Reports: Rt Hon Dame Elish Angiolini QC DBE report (2012)

Name: Rt Hon Lord Fraser of Carmyllie QC
Appointment: August 2011 to June 2013
Reports: Lord Fraser of Carmyllie report (2013)

Name: Sir David Bell KCB
Appointment: October 2012 to January 2013
Reports

• Sir David Bell investigation report (2013)
• Sir David Bell's investigation, October to December 2012: correspondence

Name: James Hamilton
Appointment: January 2013 to December 2024
Reports: Independent report by James Hamilton on the First Minister’s self-referral under the Scottish Ministerial Code (2021)