Scottish Ministerial Code: 2024 Edition

Chapter 8: Ministers and their Responsibilities

General Principle

8.1 The First Minister is responsible for the overall organisation of the Government and the allocation of functions between Ministers in charge of portfolios.

Appointment of the First Minister

8.2 A First Minister must secure nomination at the start of each new Parliamentary session following a vote by MSPs, in accordance with Chapters 4 and 11 of the Standing Orders of the Scottish Parliament.^[27] Once a member has been nominated, the Presiding Officer recommends the appointment to His Majesty The King. The appointment is made by His Majesty by Royal Warrant. The Warrant is presented to the Lord President in the Court of Session when the First Minister is sworn in.

Ministerial Responsibilities and Titles

8.3 The First Minister is responsible for the overall organisation of the Government and the appointment of all Cabinet Secretaries and junior Scottish Ministers. Before seeking approval for their appointment as a Minister, the First Minister must first establish whether that person has been the subject of an upheld or partially upheld complaint, including any informal process or with any formal process against them under a relevant Scottish Government procedure or process. It is a condition of appointment that a prospective Minister must provide a full and honest account to the First Minister about any relevant matters. Ministerial appointments are subject to approval by His Majesty. Before seeking approval, the First Minister must first secure the agreement of the Parliament. The First Minister is also responsible for recommending the appointment of the Law Officers. These appointments are made by His Majesty by Royal Warrant. The agreement of the Parliament must be obtained before a recommendation is made.

8.4 The structure and allocation of Ministerial portfolios are matters for the First Minister. The allocation of functions among Ministers is the responsibility of the First Minister, whose approval must be sought where any changes are proposed that affect this allocation or the responsibilities for the discharge of Ministerial functions. All Ministerial titles, and any proposed changes to them, must be approved by the First Minister.

Membership of the Cabinet

8.5 Membership of the Cabinet and decisions on attendance at Cabinet meetings are matters for the First Minister.

Ministers’ Availability

8.6 The First Minister’s office should be kept informed of Ministers’ engagements, and also of their weekend and holiday arrangements, so that, if a sudden emergency arises, the First Minister can be informed which Ministers are immediately available. As set out at paragraph 11.7, any Minister who wishes to be absent from the UK for official or personal business must seek the approval of the Cabinet Secretary with responsibility for External Affairs.

8.7 When a Minister will be unable to be contacted for a considerable period because of absence or illness, it may be desirable that arrangements should be made for another member of the Government to be available to cover for them and to represent their interests in discussions in Cabinet or in any other collective Ministerial meetings. The First Minister’s prior approval should be sought for the arrangements for cover for an absent Minister.

Maternity and Other Leave

8.8 Ministers may take extended absence from Government for maternity, shared parental, paternity or adoption leave. The First Minister will agree the terms of such leave and take any steps necessary to arrange for the discharge of that Minister’s responsibilities for the period in question.

Security

8.9 Ministers have an important role to play in maintaining the security of government business. They should ensure that they follow Government security guidance and, if in doubt about any particular arrangements, consult government security advisers. See also paragraphs 6.25 and 6.26 regarding the confidentiality and security of Cabinet documents and other Government papers.

8.10 Ministers should always consider their own personal security and that of staff and officials. Ministers should seek advice and support from government security advisers about how best to proactively manage and ensure protective security. Ministers should positively encourage good security practices and behaviours, setting an example for Government and empowering others to behave in a safe, secure and resilient manner. See also paragraphs 11.02 and 11.14 on managing personal security when travelling.

Royal Commissions and Public Inquiries

8.11 The First Minister should be consulted in good time about any proposal to set up:

(a) Royal Commissions in relation to devolved matters; and

(b) Public inquiries into any aspect of policy on devolved matters.

8.12 Submissions proposing either of the above should contain details of the proposed size and structure of the body. This requirement is separate from the provisions concerning public appointments set out in Chapter 7 above.

Contacts with External Individuals and Organisations, including Outside Interest Groups and Lobbyists

8.13 Ministers meet many people and organisations and consider a wide range of views as part of the formulation of Government policy. Meetings on official business should normally be arranged through Private Offices. A Government official should be present for all discussions relating to Government business. Private Offices should arrange for the basic facts of formal meetings between Ministers and outside interest groups to be recorded, setting out the reasons for the meeting, the names of those attending and the interests represented. A list of engagements carried out by all Ministers is published three months in arrears.

8.14 If Ministers meet external organisations or individuals and find themselves discussing official business without an official present – for example at a party conference, social occasion or on holiday – any significant content (such as substantive issues relating to Government decisions or contracts) should be communicated to their Private Offices as soon as possible after the event, who should arrange for the basic facts of such meetings to be recorded in accordance with paragraph 8.13 above.

8.15 See also paragraphs 3.31, 3.15, 9.17 and 9.18, which provide guidance on contacts with commercial companies and meetings with external groups and the media, respectively.

Requirements of the Lobbying (Scotland) Act 2016

8.16 Ministers should have regard to the Lobbying (Scotland) Act 2016, which established the Lobbying Register overseen by the Scottish Parliament. The purpose of the Register is to increase public transparency of lobbying activity in Scotland. The requirement to register any relevant lobbying activity lies with those who lobby, and not with Ministers, the Permanent Secretary or Special Advisers or their support staff. Ministers and officials should be familiar with the duties placed on lobbyists under the 2016 Act. Lobbyists seeking guidance about whether or not any communications made during a meeting are registrable should be directed to the Lobbying Register Team in the Scottish Parliament.^[28]