Ministerial code advisers to investigate Angela Constance

Independent advisers will investigate the conduct of Angela Constance following a row over whether the justice secretary misled parliament.

Constance has been accused of misrepresenting the views of child sex abuse expert Professor Alexis Jay during a debate in September.

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

First Minister John Swinney has defended his justice secretary, insisting she was making a “general” comment about action to tackle child sex abuse and would “never” seek to mislead parliament.

But Scottish Labour leader Anas Sarwar wrote to the independent advisers on the ministerial code, calling for an investigation.

Those advisers have now informed the first minister they will initiative a probe.

An advisory note has been put out to the media, which stated: “The independent advisers have notified the FM they wish to initiate an investigation into the Cabinet Secretary for Justice and Home Affairs. 

“The advice provided to the first minister on the outcome of investigation undertaken by the independent advisers will be published in a timely manner after the case has been decided by the first minister.”

Potential breaches into the ministerial code are typically referred to independence advisers by the first minister, but in an update made to the terms of reference by Swinney when he took office, advisers may now initiative an investigation by themselves.

The advisers may advise whether Constance has breached the standards expected of ministers in the ministerial code and could make recommendations for appropriate sanction.

Swinney has previously said he had “full confidence” in Constance.

The row came about after 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.

The day after surviving the vote of no confidence, Constance appeared before the parliament’s education committee and confirmed she has apologise 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.

Commenting on the investigation, Sarwar said: "This is a significant development and calls into question John Swinney's judgement - or lack of - after he publicly backed Angela Constance."

Scottish Conservative leader Russell Findlay, who was behind the vote of no confidence, said: “This welcome development follows sustained Scottish Conservative pressure on behalf of grooming gang survivors... 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.”