First minister receives report into justice secretary misconduct claims

The First Minister has received a report by independent advisers investigating an alleged breach of the ministerial code by justice secretary Angela Constance.

Constance was accused of misleading MSPs by misrepresenting comments made by an expert on grooming gangs during a Holyrood debate in September.

It is understood that John Swinney has received the Scottish Government’s Independent Advisers’ report into Constance’s conduct.

Constance is to make a ministerial statement at Holyrood on Tuesday afternoon.

In December, Constance revealed she had phoned Professor Alexis Jay to make a “personal and direct apology” to her.

The justice secretary said she had sought to amend the official record of her comments from the September 16 debate – but had been unable to do so.

Instead, Constance told Holyrood Presiding Officer Alison Johnstone she would write to her on the issue to add “context” to her remarks.

Last month, the Scottish Government’s Independent Advisers notified the First Minister of their intention to investigate Constance.

Swinney has previously said he is “content” she did not break the code.

In a notice issued to the media, the Scottish Government said: “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.”

The Scottish Ministerial Code provides a code of conduct and guidance on procedures for Scottish ministers

There are three independent advisers to the First Minister on the Ministerial Code.

They are:

Claire Loftus, former Director of Public Prosecution in the Republic of Ireland
Sir John Manzoni KCB, former Cabinet Office Permanent Secretary and Chief Executive of the Civil Service
Rt Hon Sir Ernest Ryder, former Lord Justice of Appeal and Senior President of Tribunals