PA MediaScotland’s justice secretary Angela Constance is to be investigated over whether she breached the ministerial code in her remarks about a grooming gangs expert.
Constance has recently been accused of misrepresenting Prof Alexis Jay’s position on public inquiries into child sexual abuse and exploitation, and of misleading parliament as a result.
The SNP minister told parliament Prof Jay did not support further inquiries, though Prof Jay later clarified her remarks did not refer to inquiries in Scotland.
Constance survived a vote of no confidence at Holyrood last week after opponents alleged she had breached the code by failing to correct the record.
The Scottish government’s independent advisers have now notified First Minister John Swinney that they wish to launch an investigation into Constance.
In a statement, the Scottish government said they expected to probe to be concluded in a “timely manner”.
Constance made the comments about Prof Jay when she opposed a Conservative amendment to a victims bill, which called for an inquiry into grooming gangs.
Emails released by the government later showed Prof Jay clarified that she made the comment “in the context of the England and Wales Public Inquiry on Child Sexual Abuse,” which she chaired.
Prof Jay wrote: “It had nothing to do with [the Conservative] amendment, or the position in Scotland, as could be interpreted from your statement.”
She said Scottish ministers should instead collect “reliable data” on the issue and clarify her position.
Constance apologised to Prof Jay over the matter last week.
Scottish ParliamentA clarification was issued in meeting notes last month, but not in the Holyrood Chamber, which means it was not noted in the official parliamentary record.
Opponents initially called for Constance to stand down, then for Swinney to sack her – however the first minister backed his colleague.
A no confidence vote was brought by the Scottish Conservatives and Scottish Labour but was defeated as the Scottish Greens sided with SNP MSPs.
Constance has since publicly apologised to Prof Jay at Holyrood’s education committee, telling its convener, Scottish Conservative MSP Douglas Ross, she did not believe it constituted a breach of the ministerial code.
She said she made an initial apology in a “personal” telephone conversation with the academic.
No government officials were present on the call, the committee heard.
Constance has described her comments about the academic as “accurate”.
Opposition parties later wrote to the independent advisers to ask for an investigation to be opened.
Who are the independent advisers?
A team of three independent advisers are appointed by the first minister to provide guidance on the code set out for ministers.
Usually, the first minister would refer matters where a potential breach has occurred to the advisers for further investigation.
However, as of December last year, the advisers can notify the first minister that they intend to initiate an investigation independently.
Swinney said that rule was introduced to “set the highest standard of propriety and integrity”.
It is the first time advisers have launched an inquiry independently of the first minister since the rules were changed.
The decision on whether a minister remains in office is ultimately made by the first minister.
PA MediaScottish Conservative leader, Russell Findlay, said Swinney had been “defending the indefensible.
He added: “His lack of judgment and refusal to face the facts is bewildering.
“Having lost all trust and credibility, it’s long been evident to everyone apart from John Swinney that Angela Constance’s position is untenable. She needs to go.”
Scottish Labour leader Anas Sarwar said the investigation called Swinney’s “lack of judgement” into question.
He said: “The justice secretary clearly misrepresented Prof Alexis Jay on an issue as serious as grooming gangs and child sexual exploitation.
“There are now serious questions for John Swinney to answer too. The sad truth is that this is an SNP government which time and time again lies to the public and thinks it can get away with it.”
This controversy has dragged on for weeks and that need not have been the case.
My own sense is that if Angela Constance had clarified her use of Prof Alexis Jay’s quote at an early stage and publicly apologised for any misunderstanding – that would have been that.
Yes, her political opponents might have tried to keep the row going but it would have been laughable for them to call a confidence vote in those circumstances.
It is the defensiveness of the Scottish government, their reluctance to admit a mistake even when Prof Jay was pointing it out to them in private that has got them into much of their trouble.
It has always been an option for the first minister to refer the matter to his independent advisers for adjudication.
When I asked him if he would do that, he insisted that he had personally looked into the matter himself and decided there had been no breach of the code of conduct for ministers.
If that is what the advisers eventually decide, John Swinney and Constance will be greatly relieved.
But if they consider that the rules have been broken, that would call the first minister’s own judgement into question and leave him with little option but to dispense with his justice secretary.
