Scotland's Justice Secretary, Angela Constance, has been found to have breached the ministerial code on two separate occasions, an independent investigation has concluded.
Unintentional Misleading of Parliament
The probe, conducted by the First Minister's independent advisers, centred on statements Ms Constance made during a Holyrood debate in September. The Justice Secretary claimed that Professor Alexis Jay, a leading expert on child sexual exploitation, agreed with her view that a specific grooming gang inquiry was not needed in Scotland.
Following her statement, Professor Jay directly contacted Ms Constance to protest that the quotation did not accurately reflect her position. The advisers concluded that, while unintentional, this amounted to misleading the Scottish Parliament.
A Second Breach and Delayed Correction
The investigation identified a second breach of the code. Ms Constance held a telephone call with Professor Jay on 1 December without an official present. The advisers stated that, given the complex and sensitive nature of the discussion, an official should have been there to ensure transparency.
After the December call, it was agreed with government officials that a clarification would be issued via the minutes of a meeting of the National Child Sexual Abuse and Exploitation Group. However, the report criticises the Justice Secretary for not acting sooner to correct the parliamentary record as criticism continued.
Formal Reprove but No Resignation
Despite the findings, Angela Constance will remain in her post. The advisers classified the breaches as being 'at the lower end of the spectrum' of severity. They recommended a formal, written reprove and a statement to Parliament to clarify her words.
In a 'letter of reprove', the First Minister accepted the advisers' recommendations. He acknowledged there was no evidence Ms Constance's statement was knowingly inaccurate or untruthful, and noted she had taken steps to rectify the error. However, he stressed that further action should have been taken to correct the record in Parliament itself given the debate's public significance.
The First Minister stated he knew Ms Constance shared the belief that ministers must uphold the highest standards and would reflect on the matters to ensure such errors are not repeated. The Justice Secretary is scheduled to make a statement to Holyrood on Tuesday.
