First Minister Alex Salmond
Code of Conduct for Scottish Ministers
Scottish Parliament
Wednesday, June 18, 2008
Presiding Officer, I am delighted to be able to inform Parliament of the new and stronger Ministerial Code that comes into force from today.
Colleagues in this Chamber will be well aware that I have spent considerable time - just over one year - working with the civil servants of the Scottish Government on a thorough review of the 2003 Code.
The aim of that work has been to improve and clarify the Code wherever possible. The review is now complete and I am happy to be able to present the new Code to this Chamber - and the improvements it will bring in guiding Ministerial accountability and conduct.
And Presiding Officer, let me assure you and all colleagues present that "blah" - the answer from Jim Mather to a recent Parliamentary Question from Annabel Goldie - was a genuine mistake. Not a pilot for our new approach to Parliamentary accountability.
Presiding Officer, I am confident that this new Code will do justice to - and will further strengthen - the high standards of conduct and accountability in the Scottish Government.
Code of Conduct for Scottish Ministers
Govt commitment to probity and accountability
I and my Ministers believe without reservation in the potential of Scotland's Government and Parliament to improve the lives of our people.
We understand how important it is that the people of Scotland have full trust and confidence in their political institutions. That they have confidence not only in the decisions that Scottish Ministers take - but also the manner in which Ministers take those decisions.
From day one of this administration, we have sought to build trust and confidence in the Scottish Government - with this Parliament and with the public. I do not expect members of the opposition to use today's debate to praise my Ministers for their hard work in building trust in government.
But the Scottish public is responding favourably to our efforts. The Scottish Social Attitudes Survey, published last month, showed that 71 per cent of people trusted their government to act in Scotland's interests. One year ago, that figure was only 51 per cent.
Of course, that view might not be shared by everyone. But it should be of interest to everyone in this Chamber.
Presiding Officer, this Government understands that public trust is not simply won for all time. That trust must be continually earned and sustained.
That is why we are committed to the maintaining the highest standards of Ministerial conduct - and of Parliamentary accountability. For example, this is the 59th Ministerial statement since May - far more than in any year since 1999. And, in the first half of this year alone, we have answered over 7000 parliamentary questions - already close to the same number answered in each full year since 2002.
Although it is the same members of the Parliament who account for a huge percentage of these PQs, that figure is nonetheless still of significance. And it is why the Scottish Government has just launched Scotland Performs, the first national performance framework for public accountability in Scotland.
Purpose of the Scottish Ministerial Code
Presiding Officer, let me recall for colleagues the purpose of Ministerial Codes and their place in the broader framework of public accountability. All Ministerial Codes, including this one, are strict codes of conduct which members of the Government must observe. However their scope and purpose are, of necessity, clearly defined.
The Ministerial Code is not, as some have tried to portray it, an all-purpose complaints mechanism that should be used for each and every accusation that is levelled against Scottish Ministers.
Presiding Officer, I know that you - perhaps above all others in this Chamber - are well aware of this fact. It is, however, a point on which some other colleagues need the odd reminder. It is entirely legitimate for complaint about Ministerial behaviour to be brought to my attention where such complaints bear close scrutiny.
Members of this Chamber also hold Scottish Ministers to account - and indeed appoint them - under the Parliament's powers in the Scotland Act. And through its Committees and Question Times, this Parliament exercises the vital role of Parliamentary accountability.
Clearly, parliamentary accountability is a vital aspect of the Ministerial Code. However it is one among several sets of responsibilities of Scottish Ministers under the Code. It is appropriate for each First Minister to review and revise the Code, ensuring that it remains a strong and clear guide to the conduct of Scottish Ministers.
However, much of this new Code draws heavily on those of my predecessors. This reflects the fact that, at a fundamental level, the standards of behaviour which Ministers must observe are enduring, and shall always remain high.
Reforms to the Ministerial Code
Presiding Officer, I have said that much of the substance of the Ministerial Code remains unchanged. But let me be clear. There are significant changes to the code which reflect our desire for new and better governance in Scotland.
So the changes I have made to the Code all help to ensure that the expectations on Scottish Ministers are clear and objective. And that the Code is easily accessible to members of the public and Members of this Chamber.
Presiding Officer, let me turn to an issue over which I have given considerable thought. Many in this chamber have argued for the need for independent advice - particularly following the UK Prime Minister's initiative.
But it should be noted that that particular innovation has recently been criticised by one of Westminster's Parliamentary Select Committees. We are wrestling with the notion that the guardians of public accountability must always be the Prime Minister, or the First Minister in the case of this Parliament.
And the issue of how advice can be truly independent - especially when the adviser has been appointed by a Prime Minister or First Minister - has proved a ticklish problem to solve. However, I think I have a ingenious solution which will provide some satisfaction.
For the first time, there will be a panel of past Presiding Officers to guide the First Minister on the application of the Code. I am delighted to announce that Lord Steel and George Reid have agreed to serve as members of that panel of independent advisers. And to do so without payment. Their integrity is beyond reproach, and their knowledge of Ministerial and parliamentary procedures is unrivalled. And they are undoubtedly independent.
So I would ask Members to show their appreciation to Lord Steel and George Reid for taking on this new role and continuing their outstanding service to Scotland.
Presiding Officer, let me turn to the other main reforms contained in this new Ministerial Code. First, the Code tightens the rules on the handling of Ministers' private interests. And I have agreed with the Permanent Secretary to the Scottish Government, Sir John Elvidge, that he will play a more authoritative role in determining the course of action Ministers should follow.
Second, the Code provides clearer guidance to Ministers on representing the interests of constituents, and on handling sensitive matters such as planning applications and the granting of energy consents.
Third, the Code sets out how Scottish Ministers will work more openly and constructively with the Parliament, with the support of Parliamentary Liaison Officers.
Finally, the new Ministerial Code introduces clearer guidance on the handling of Ministerial gifts. Crucially, the Scottish Government will henceforth publish a quarterly and timeous list of gifts received over the threshold of £140. And for the first time, such provisions on registration will now also apply to hospitality.
Conclusion
Presiding Officer, those are the key new provisions of my Ministerial Code. These changes are, in my view, all changes for the better - ensuring that the Ministerial Code is clear, effective and promotes good governance.
And with the support of Lord Steel and George Reid - for the first time, providing independent expert advice to the First Minister - this Code marks a real advance in terms of impartiality and the quality of scrutiny.
Presiding Officer, I said at the outset that this government embraces the challenge of building and maintaining public trust in the Scottish Government. That is the job that we are doing - and that we are committed to continuing to do.
Code of Conduct for Scottish Ministers