# Scottish Ministerial Code

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{{Use British English|date=February 2018}}
{{Use dmy dates|date=February 2018}}
The '''Scottish Ministerial Code''' applies to members of the [Scottish Government](/source/Scottish_Government) (the First Minister, Cabinet Secretaries, Law Officers and junior Scottish Ministers). The guidance is issued by the [First Minister](/source/First_Minister_of_Scotland) and is a collection of standards around expected behaviours and responsibilities. Since 2008 there has been a mechanism for an independent review of any suspected breaches of the code.

==History==
Drafting of the new Scottish Ministerial Code was discussed at the first meeting of the Cabinet on 20 May 1999.<ref>{{cite news |url=https://www.scotsman.com/arts-and-culture/donald-dewars-cabinet-minutes-unveiled-1516801 |title=Donald Dewar's cabinet minutes unveiled |work=[The Scotsman](/source/The_Scotsman) |date=31 December 2014 |accessdate=5 January 2022}}</ref> It was based on a [code](/source/Ministerial_Code) used in [Whitehall](/source/Government_of_the_United_Kingdom).<ref>{{cite news |url=https://www.scotsman.com/news/opinion/columnists/jim-gallagher-time-crack-scottish-ministerial-code-2506987 |title=Time to crack the Scottish Ministerial Code |first=Jim |last= Gallagher |authorlink=Jim Gallagher (civil servant) |work=The Scotsman |date=12 January 2013 |accessdate=5 January 2022}}</ref> The first version was issued in August 1999.

The 2008 version introduced changes that specifically prohibited ministers from making misleading statements in the Parliament chamber.<ref>{{cite news |url=https://www.scotsman.com/news/opinion/letters/outside-scrutiny-needed-keep-ministers-best-behaviour-2513155 |title=Outside scrutiny needed to keep ministers on best behaviour |first=Patrick |last=Harvie |authorlink=Patrick Harvie |work=The Scotsman |date=23 June 2008 |access-date=5 January 2022}}</ref> In 2015 changes were made to allow Ministers to confirm whether they have received legal advice on a specific topic.<ref>{{cite news |url=https://www.heraldscotland.com/news/13412794.snp-government-changes-ethics-code-without-input-msps/ |title=SNP Government changes ethics code without input from MSPs |first=Paul |last=Hutcheon |work=[The Sunday Herald](/source/The_Sunday_Herald) |date=14 June 2015 |access-date=5 January 2022}}</ref>

Ministerial parliamentary aides were originally not able to sit on committees that provided scrutiny of their Minister.<ref>{{cite news |url=https://www.scotsman.com/news/opinion/letters/ian-swanson-scottish-politics-2511105 |title=Scottish Politics |first=Ian |last=Swanson |work=The Scotsman |date=28 February 2002 |accessdate=5 January 2022}}</ref> This positions became known as Parliamentary Liaison Officers (PLOs) and the restriction was removed in 2007. In August 2016<ref name="Herald 8Dec2016">{{cite news |url=https://www.heraldscotland.com/news/14952675.first-minister-nicola-sturgeon-toughen-ministerial-code-holyrood-aides/ |title=First Minister Nicola Sturgeon to toughen Ministerial Code on Holyrood aides |first=Tom |last=Gordon |work=[The Herald](/source/The_Herald_(Glasgow)) |location=Glasgow |date=8 December 2016 |access-date=5 January 2022}}</ref> A requirement was introduced for PLOs to declare this on the first occasion that they took part in parliamentary business within the remit of their Cabinet Secretary.<ref>{{cite news |url=https://www.holyrood.com/news/view,scottish-government-removes-ministerial-aides-from-committees-after-conflict-of-interest-pressure_12290.htm |title=Scottish Government removes ministerial aides from committees after 'conflict of interest' pressure |first=Tom |last=Freeman |work=[Holyrood](/source/Holyrood_(magazine)) |date=31 August 2016 |accessdate=5 January 2022}}</ref> By December this had been tightened up to extend to every occasion.<ref name="Herald 8Dec2016"/>

The February 2018 version contained new sections to guard against harassment, bullying and other such inappropriate behaviour.<ref>{{cite news |url=https://www.commonspace.scot/articles/12318/scottish-ministerial-code-updated-clamp-down-harassment |title=Scottish ministerial code updated to clamp down on harassment |first=Caitlin |last=Logan |work=[CommonSpace](/source/CommonSpace) |date=9 February 2018 |accessdate=3 April 2018}}</ref>

==Scrutiny==
In 2008 an independent Panel was created to review any concerns, with former Presiding Officers Lord [David Steel](/source/David_Steel) and [George Reid](/source/George_Reid_(Scottish_politician)) appointed.<ref>{{cite news |url=https://www.bbc.co.uk/news/uk-scotland-14527259 |title=Lord Steel quits standards role over Supreme Court row |work=[BBC News](/source/BBC_News) |date=15 August 2011 |accessdate=4 February 2018}}</ref> Steel and Reid left their positions in mid-2011. Following this [Lord Peter Fraser](/source/Peter_Fraser%2C_Baron_Fraser_of_Carmyllie) and [Dame Elish Angiolini](/source/Dame_Elish_Angiolini) were appointed. [David Bell](/source/David_Bell_(university_administrator)) was appointed in October 2012, then in 2013 [James Hamilton](/source/James_Hamilton_(Director_of_Public_Prosecutions)), a former director of public prosecutions on Ireland.<ref>{{cite news |url= https://www.heraldscotland.com/news/13090578.ministerial-code-role-ex-prosecutor/ |title=Ministerial code role for ex-prosecutor |work=The Herald |date=2 February 2013 |access-date=5 January 2022}}</ref>

==Inquiries under the code==
In 2009, First Minister [Alex Salmond](/source/Alex_Salmond) was cleared of a complaint leveraged by [Tavish Scott](/source/Tavish_Scott), relating to exchanges at [First Minister's Questions (FMQs)](/source/First_Minister's_Questions_(Scottish_Parliament)) on the future of the Scottish Interfaith Council.<ref>{{cite news |url=https://www.pressreader.com/uk/the-herald-1130/20090116/281801394841434 |title=Row 'shows strength of new code' |work=[The Herald](/source/The_Herald_(Glasgow)) |location=Glasgow |date=16 January 2009 |access-date=26 June 2021}}</ref><ref>{{cite web |url=https://www.webarchive.org.uk/wayback/archive/3000/https://www.gov.scot/resource/doc/923/0078701.pdf |title=Ministerial Code Inquiry: Complaint from Tavish Scott MSP Regarding Exchanges at First Minister's Questions |website=gov.scot |date=26 June 2021 |access-date=26 June 2021}}</ref>

==References==
{{reflist}}

==External links==
*[https://www.gov.scot/publications/scottish-ministerial-code-2018-edition/ Scottish Ministerial Code 2018 edition]

Category:Scottish Government
Category:1999 establishments in Scotland
Category:1999 in British politics
Category:Ethical codes
Category:Professional ethics

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Adapted from the Wikipedia article [Scottish Ministerial Code](https://en.wikipedia.org/wiki/Scottish_Ministerial_Code) by Wikipedia contributors ([contributor history](https://en.wikipedia.org/wiki/Scottish_Ministerial_Code?action=history)). Available under [Creative Commons Attribution-ShareAlike 4.0 International](https://creativecommons.org/licenses/by-sa/4.0/). Changes may have been made.
