Independent Advisers Gain Authority to Initiate Ministerial Conduct Probes

Independent advisers to Scottish ministers have been granted the authority to initiate investigations into alleged breaches of rules without requiring a referral from the first minister. This modification is incorporated into an updated version of the ministerial code, which has been published by the government. First Minister John Swinney had committed in September to implementing changes aimed at establishing “the highest standard of propriety and integrity.” He described the revision to the ministerial code as the most significant since 2008. Under these new provisions, independent advisers will be empowered to commence investigations into alleged violations of the ministerial code whenever they deem it necessary. Previously, their involvement was contingent upon receiving a direct referral from the first minister. Should a breach of the code be confirmed, the advisers will possess the capability to recommend sanctions. Additionally, advisers are slated to undertake a further role in reviewing the processes currently in place for managing the annual assessment of ministers’ declarations of interest. The government has also, for the first time, made public the terms of reference for these advisers. John Swinney stated: “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.” This alteration follows the government’s announcement of new independent advisers. These individuals are Claire Loftus, Ireland’s former director of public prosecutions; Sir John Manzoni, former permanent secretary of the Cabinet Office; and Sir Ernest Ryder, formerly a lord justice of appeal and senior president of tribunals. Swinney commented that the three appointees would ensure ministers operate “at the very highest standards of integrity and propriety.” They have succeeded Lady Elish Angiolini and James Hamilton. The latter was responsible for leading the inquiry that exonerated Nicola Sturgeon from a ministerial code breach in 2021.