By Tony O’Reilly-
A questionable investigation, said to be independent, has concluded that Scotland’s justice secretary “unintentionally” breached two provisions of the ministerial code.
Angela Constance(pictured) misrepresented a leading expert on grooming gangs during a Holyrood debate in September about whether a further probe was necessary.
AD: Capeesh Restaurant
The scandal involving SNP’s Angela Constance began after she distorted the words of child welfare expert Professor Alexis Jay to head off a bid for a Scottish grooming gangs probe.
She was spared by the First Minister’s “independent advisers” to the Scottish Ministerial Code, who said she had broken the ministerial code “inadvertently”.
The three advisers concluded Ms Constance had made a “significant error” when telling parliament that Prof Jay did not back a separate inquiry and should have corrected “as soon as possible”.
AD: Oysterian Sea Food Restaurant And Bar
They told John Swinney in a letter published today: “We conclude that the phrase used by Ms Constance that Professor Jay shared her views had the potential to mislead Parliament and should have been corrected.”
However, they failed to provide any reason why it was not corrected, nor why the failure to correct it could still amount to an inadvertent breach.
The investigating advisers also said that a private phone call between the two had also been a breach of the code due to there being no official present.
The three advisers concluded: “We have concluded that the two breaches were inadvertence without any deliberation or intention to mislead.” Although the latter conclusion may be true, no evidence was provided to support this finding.
Mr Swinney was told to formally criticise his justice secretary in writing and for Ms Constance to make a statement to Holyrood. Ahead of the Christmas break, he told MSPs during First Minister’s Questions that she had been making a “general observation” on the back of Prof Jay’s comments.
The scandal was sparked after Ms Constance faced anger for claiming Prof Jay “does not support further inquiries into child sexual abuse” while arguing at Holyrood against a Tory bill amendment in September which called for a Scottish grooming gangs investigation.
The professor who chaired the England and Wales inquiry into child sexual abuse – later hit out in private correspondence and suggested her words had been taken out of context by Ms Constance.
Prof Jay’s remarks were about inquiries in England and Wales, and not Scotland. On this fact, it could have been an error of judgement on the Justice Secretary’s part, but observing critics say such a conclusion cannot be assumed, and that the Justice Secretary has not justified why she did not update Parliament of her later discovery that she had misled them.
The advisers 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.
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.”
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.
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… John Swinney must finally do the right thing and sack her.
Members of The Eye Of Media.Com’s thinktank are seriously considering investigating and evaluating the matter in the days and weeks ahead to conclude whether the finding of the independent advisers amounts to a cover up. The objective will not be to achieve a sacking, but rather to publish a well informed and impartial conclusion.
AD: Heritage And Restaurant Lounge Bar