Angela Constance breached ministerial code but resignation not required

Angela Constance unintentionally breached two provisions in the ministerial code during a debate about a grooming gang inquiry, independent advisers have concluded.

But the report said the breaches were at the “lower end of the spectrum” and therefore do not require the justice secretary’s resignation.

First Minister John Swinney welcomed the conclusions and Constance made an apology during a statement to the parliament on Tuesday afternoon.

Both the Scottish Conservatives and Scottish Labour had continued to call for her resignation, arguing she had lost the confidence of grooming gang victims.

The row came about after she was accused of misrepresenting the views of child sex abuse expert Professor Alexis Jay.

The probe was instigated by the independent ministerial code advisers, using a new power handed to them last year to allow them to investigate where they saw fit. Previously such investigations could only take place at the request of the first minister.

The advisers have now reported back, saying Constance “committed an inadvertent error” and her comments “had the potential to mislead parliament”.

It also criticised her for not having an official attend a phone call with Jay in December.

The report concluded: “The principles described in the code provide for a spectrum of seriousness from inadvertence to knowingly misleading parliament. We have concluded that the two breaches were inadvertence without any deliberation or intention to mislead.

“That is at the lower end of the spectrum provided for in the code and 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.”

Making a statement to parliament, Constance accepted that conclusion that her words had the potential to mislead and she should have corrected the official parliamentary record rather than providing a clarification elsewhere.

“I accept the conclusions of the independent advisers that I should have sought to make a statement and, presiding officer, I apologise to you and parliament for not seeking to do that sooner,” she said.

She also offered an apology to the first minister.

It follows a debate in September in which Constance quoted Jay while arguing against an amendment that would have empowered the new victims’ commissioner to establish a grooming gangs inquiry.

She told parliament that Jay “shares my view” and “does not support further inquiries into child sexual abuse and exploitation”.

Jay, who chaired the Independent Inquiry into Child Sexual Abuse in England and Wales between 2016 and 2022, later wrote to the cabinet secretary seeking a correction. She said her comments had been taken out of context and she had “expressed no views” on the amendment.

She survived a vote of no confidence last month, thanks to the support of the Scottish Greens.

The day after that, Constance appeared before the parliament’s education committee and confirmed she had apologised to Jay in a private phone call.

She told MSPs she had given a “personal and direct” apology to Jay after quoting her out of context in a chamber debate.

In a letter to his justice secretary, Swinney said she should have taken “further steps” to ensure corrections were made to the parliament.

He also said Constance made an “error of judgement” in relation to telephone call she had with Jay where no official was present.

He added: “This letter of reprove constitutes the first part of that sanction and you will make a formal oral ministerial statement to parliament this afternoon in line with the recommendation of the advisers.

“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.”

Scottish Conservative leader Russell Findlay said the row was proof of a government which put “self-preservation over integrity”.

Raising questions about the first minister’s judgment, as he had previously backed the justice secretary, he said Swinney had “put his SNP friend above the truth, respect for parliament and grooming gang victims”.

He called for her sacking or resignation.

And Scottish Labour leader Anas Sarwar said the justice secretary should resign because the row had caused them to lose the confidence of the victims and survivors of grooming gangs.

He added the independent probe “should have been triggered by John Swinney”.