Constance ‘inadvertently’ breached rules twice, probe finds

Scotland’s Justice Secretary breached two provisions of the ministerial code, but did so “without any deliberation or intention to mislead”, a probe has found.

Angela Constance will stay on in her role after the findings of the First Minister’s independent advisers on the ministerial code, which were released on Tuesday.

She had been accused of misleading parliament by misquoting expert Professor Alexis Jay on the issue of grooming gangs, with opposition politicians calling for her to be sacked.

The advisers found Ms Constance had unintentionally misled Holyrood by claiming Prof Jay agreed with her view there did not need to be a grooming gang inquiry in Scotland during a debate in September, along with another inadvertent breach by not having an official present during a phone call with the expert in December.

Following her statement in September, Prof Jay contacted the Justice Secretary to protest against the quotation which she felt did not accurately reflect her views.

After the call, it was agreed between Prof Jay and Government officials that a clarification should be issued as part of the minutes of a meeting of the National Child Sexual Abuse and Exploitation Group, but the advisers have stressed the Justice Secretary should have sought to correct the record sooner as the criticism rumbled on.

The advisers found Ms Constance’s breaches to be “at the lower end of the spectrum” of severity, adding: “(It) therefore does not call for anything beyond a reprove which should be formal and in writing accompanied by a statement to Parliament by Ms Constance to clarify the words used and thereby add to the official record.”

The Justice Secretary will make a statement to Holyrood on Tuesday.

In a “letter of reprove” to the Justice Secretary, the First Minister said: “I am grateful to my advisers for their unequivocal assertion that there is no evidence that your statement to Parliament was inaccurate or untruthful.

“It is also true that, once you became aware of this error, you took steps to rectify it in seeking a correction to the minutes of the national strategic group.

“However, the advisers are clear that, given the significance the debate has to both the Parliament and to the public, further steps should have been taken in order to ensure that this correction was also made to the Parliament.

“The advisers’ report also concludes that an official should have been present for the telephone call that you held with Professor Jay on December 1 given the complex and highly sensitive nature of the matters at hand and the importance of transparency.

“They recognised that the decision not to do so represents an error of judgment on your behalf at that specific moment.”

Accepting the recommendations of the advisers, the First Minister said: “I know that you share my belief that ministers must act in a way that upholds the highest standards of propriety and that it is absolutely right that, as office holders, ministers are held to the highest possible standards of proper conduct.

“I also know that you will continue to reflect on these matters and ensure that due process is followed in all circumstances, and in such a way that meets our obligations to the Parliament, and to ensure that these errors, whilst inadvertent, are not repeated in the future.”