Scotland’s justice secretary “unintentionally” breached two provisions of the ministerial code, an independent investigation into her conduct has found.
Angela Constance has come under pressure in recent weeks amid claims she misrepresented a leading expert on grooming gangs during a Holyrood debate in September.
She survived a vote of no confidence in December and received the full backing of First Minister John Swinney.
However, a trio of independent advisers for the first minister later mounted an investigation into whether she misled the Scottish parliament.
They have concluded that the SNP MSP “breached two provisions of the ministerial code and that she did so unintentionally”.
In correspondence to the first minister, advisers Claire Loftus, John Manzoni and Ernest Ryder wrote: “We have concluded that the two breaches were inadvertence without any deliberation or intention to mislead.”
The advisers found the breaches to be at the “lower end of the spectrum” and recommended for a formal reprimand in writing and for Ms Constance to address the Scottish parliament.
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Ms Constance made a statement to MSPs on Tuesday afternoon after Mr Swinney earlier received a report with the probe’s findings.
She said she accepted the conclusions and sanctions and had received a reproval from the first minister, to whom she had apologised.
The justice secretary, who intends to continue in her role, said: “I have always stated I did not intend to mislead parliament in any way.”
Responding to Scottish Conservative leader Russell Findlay, Ms Constance added: “The record could have and should have been corrected earlier and a statement to parliament should have been made earlier.”
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The row revolves around a comment made by Ms Constance as MSPs debated the Victims, Witnesses and Justice Reform (Scotland) Bill in September.
Amid a failed Scottish Conservative amendment for a public inquiry to be established into grooming gangs in Scotland, Ms Constance insisted Professor Alexis Jay agreed with her that such a probe was not needed.
However, emails later made public by the Scottish government revealed the professor – who led the Independent Inquiry into Child Sexual Exploitation in Rotherham in 2014 – had contacted Ms Constance to say her comments had “nothing to do” with the situation in Scotland and would “appreciate” her position “being clarified”.
The MSP said she phoned the professor to make a “personal and direct apology” to her.
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The independent investigation identified two breaches of the ministerial code.
The advisers found Ms Constance’s comments about Professor Jay “had the potential to mislead parliament” and should have been corrected as soon as the expert communicated her views.
However, the advisers wrote: “The issue here is not about honesty or truthfulness.
“There is no evidence that Ms Constance knowingly misled parliament nor was the statement inaccurate or untruthful.”
The second breach was related to the pair’s telephone conversation, which should have been attended by a Scottish government official but was not.
The advisers said it was “an error of judgement in the moment and not deliberate and in that sense inadvertent”.
In a “letter of reprove” to Ms Constance, Mr Swinney highlighted the advisers’ “unequivocal assertion” that there was “no evidence” her statement to Holyrood was “inaccurate or untruthful.”
Accepting the recommendations of the advisers, the first minister added: “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 Tory leader Mr Findlay once again called for Ms Constance’s resignation.
Mr Findlay said: “John Swinney insisted for weeks that there was nothing to see here and no breach of the ministerial code by Angela Constance.
“Well, he was wrong, because his discredited justice secretary did breach the ministerial code. She breached it not just once, but twice.
“I’ve been telling John Swinney this for weeks – but he put his SNP friend above the truth, respect for parliament and for grooming gang victims.
“Angela Constance refused to say whether she has offered her resignation to John Swinney. If she lacks the integrity to quit, John Swinney must finally do the right thing and sack her.”
