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Scottish Ministerial Code
1. MINISTERS
Ministerial Conduct
1.1 In the performance of their duties, Ministers are expected to behave according to the highest standards of constitutional and personal conduct. In particular, they are expected to observe the Seven Principles of Public Life (as listed in Annex A) and the following principles of Ministerial conduct:
(a) Ministers must uphold the principle of collective responsibility, as defined in Section 2;
(b) Ministers have a duty to the Parliament to account, and be held to account, for the policies, decisions and actions taken within their field of responsibility;
(c) It is of paramount importance that Ministers give accurate and truthful information to the Parliament, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead the Parliament will be expected to offer their resignation to the First Minister;
(d) Ministers should be as open as possible with the Parliament and the public, reflecting the aspirations set out in the Report of the Consultative Steering Group on the Scottish Parliament. They should refuse to provide information only when disclosure would not be in the public interest. Decisions on whether or not disclosure would be in the public interest should be made by reference to relevant statute and the Code of Practice on Access to Scottish Executive Information;
(e) Similarly, Ministers should require civil servants who give evidence before Committees on their behalf and under their direction to be as helpful as possible in providing accurate, truthful and full information in accordance with the duties and responsibilities of civil servants as set out in the Civil Service Code;
(f) Ministers must ensure that no conflict arises, or appears to arise, between their public duties and their private interests;
(g) Ministers should avoid accepting any gift or hospitality which might, or might reasonably appear to, compromise their judgement or place them under an improper obligation;
(h) Ministers must keep separate their roles as Minister and as constituency or regional list Member;
(i) Ministers must not use public resources for party political purposes. They must uphold the political impartiality of the Civil Service, and not ask civil servants to act in any way which would conflict with the Civil Service Code.
1.2 This Code details the arrangements for the conduct of affairs by Ministers. It gives guidance by listing the principles and the precedents which may apply but it is not a rulebook. It is for individual Ministers to judge how best to act in order to uphold the highest standards, and it is not the role of the Permanent Secretary or other officials to enforce it. The Permanent Secretary can of course provide Ministers with advice on matters which it covers. It should be read against the background of the duty of Ministers to comply with the law, including international law and treaty obligations; to uphold the administration of justice; to observe the general obligations listed above; and to protect the integrity of public life. Ministers must also, of course, adhere at all times to the requirements the Parliament has itself laid down. It is for individual Ministers to judge how best to act in order to uphold the highest standards. They are responsible for justifying their conduct to the Parliament. And they can only remain in office for so long as they retain the First Minister's confidence.
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