New Scottish Ministerial Code Brings Greater Accountability and Transparency
The Scottish Government has introduced significant changes to the Scottish Ministerial Code, aiming to promote stronger accountability, increased transparency, and enhanced scrutiny of ministerial conduct. This new edition, published by First Minister John Swinney, represents the most comprehensive update to the Code since 2008.
The changes signal a decisive shift in how ministers are held to account, with a key focus on public service and duty. Most notably, the role of Independent Advisers has been expanded, granting them the authority to launch investigations into potential breaches of the Code without requiring a direct referral from the First Minister. This reform aims to reduce political influence over investigations and foster greater impartiality and trust.
The Scottish Ministerial Code is a set of rules and principles outlining the standards of conduct expected from government ministers. It covers everything from handling conflicts of interest to rules on transparency, accountability, and professional integrity. The Code is intended to ensure that ministers act in the best interests of the public and maintain the highest standards of propriety in their duties.
The Code is reviewed and updated periodically, with the most recent edition featuring the most sweeping changes in over 15 years. First Minister John Swinney has emphasised the importance of these reforms, positioning them as a fundamental step in reinforcing public trust in government.
What Are the Key Changes?
Empowering Independent Advisers
One of the most significant changes is the enhanced role of Independent Advisers. In previous editions of the Ministerial Code, the power to initiate investigations into alleged breaches lay solely with the First Minister. Under the new rules, Independent Advisers have the autonomy to launch investigations when they believe it is justified.
This shift is designed to remove potential political bias from the process and make it more objective. If a breach of the Code is identified, the Independent Advisers will also have the authority to recommend appropriate sanctions. This could range from issuing warnings to ministers to recommending their suspension or resignation.
Analysis: The enhanced independence of advisers reduces the potential for conflicts of interest and political interference in investigations. It strengthens public confidence in the impartiality of investigations into ministerial conduct. However, questions may arise about how much influence the First Minister retains over the final decision regarding sanctions.
Review of Ministers' Declarations of Interest
The new Code also introduces a formal review process for Ministers' declarations of interest. This review will be overseen by the Independent Advisers, with the aim of ensuring that ministers' financial and personal interests do not create conflicts with their public duties.
This move is a response to concerns raised in recent years about the transparency of ministerial financial dealings and potential conflicts of interest. By making this review a formal process, the Scottish Government hopes to prevent accusations of cronyism or favouritism within the government.
Analysis: Reviewing declarations of interest is a vital part of maintaining trust in public officials. Ensuring that ministers' personal interests are declared and independently reviewed could help avoid future scandals and provide the public with reassurance. However, some critics may argue that the review process should be made fully public to ensure complete transparency.
Publishing the Terms of Reference for Independent Advisers
Another key addition is the public release of the Terms of Reference for Independent Advisers. This document outlines the scope of their role, the procedures they follow, and their relationship with the First Minister and the wider government. Publishing these terms provides greater clarity and transparency to the public about the expectations placed on the advisers and the limitations of their authority.
Analysis: While publishing the Terms of Reference increases transparency, it also exposes any perceived weaknesses in the advisers' powers. For example, critics may scrutinise whether the advisers have sufficient authority to impose meaningful sanctions or whether they remain too reliant on the First Minister’s discretion.
New Ban on Dual Roles for Ministers and Peers
The updated Code introduces a ban on ministers simultaneously holding positions as Members of the Scottish Parliament (MSPs) and as Members of Parliament (MPs) at Westminster or as members of the House of Lords. This change is set to be formalised through regulations that will be in place for the 2026 Scottish elections.
The change follows controversy surrounding attempts by politicians like SNP Westminster leader Stephen Flynn, who had expressed interest in holding dual mandates as both an MSP and an MP. This approach was seen as problematic, as it raised concerns about divided loyalties, workload, and conflicts of interest.
Analysis: The ban on dual mandates is a positive step towards ensuring ministers' full focus on their duties within the Scottish Parliament. It also addresses public criticism of politicians "double-dipping" on roles and salaries. By implementing this ban, the Scottish Government aims to ensure that ministers are fully dedicated to their positions, with no conflict of interest.
The updated Scottish Ministerial Code is a direct response to growing demands for transparency and accountability in politics. Recent controversies involving politicians' financial interests and dual mandates have highlighted the need for tighter rules. The reforms aim to improve public confidence in government integrity and demonstrate a commitment to ethical conduct at the highest levels of power.
First Minister John Swinney has positioned these changes as the most important updates since 2008, saying:
“The strengthening of the Code gives a clear focus on public service and duty, and the enhanced role of the Independent Advisers assures greater scrutiny, transparency, and accountability."
By empowering Independent Advisers, strengthening the review of ministers' financial interests, and banning dual mandates, the Scottish Government is taking a proactive approach to ethical governance. These changes are intended to create a higher standard of integrity for ministers and ensure greater public trust in government decision-making.
While the changes have been broadly welcomed, some critics argue that they may not go far enough. For example, while Independent Advisers now have the power to launch investigations, it remains unclear how much weight their recommendations for sanctions will carry. Will the First Minister still have the final say, or will the recommendations be binding?
Another criticism could come from those who argue that the review process for ministers' declarations of interest should be more transparent. While having advisers oversee this process is a positive step, making the results of those reviews public could offer greater reassurance to citizens.
The updated Scottish Ministerial Code represents a significant move towards greater accountability, transparency, and fairness in Scottish politics. With changes to Independent Advisers' powers, stricter review processes for ministers' financial interests, and a ban on dual mandates, the reforms aim to restore trust in government processes.
While questions remain over the extent of the advisers' powers and the transparency of declaration reviews, the steps taken by the Scottish Government mark a clear commitment to public service and integrity. As public scrutiny of political figures continues to grow, these changes may serve as a model for other governments to follow in promoting ethical leadership.
