First Minister John Swinney has been dealt a significant blow after his own ethics watchdogs defied his judgement and launched a formal investigation into Justice Secretary Angela Constance. The probe centres on whether Ms Constance misled the Scottish Parliament over comments about grooming gangs.
Advisers Defy First Minister's Defence
This move marks a stark humiliation for Mr Swinney, who just days ago publicly insisted that Angela Constance had not breached the ministerial code. In an unprecedented step, his three independent advisers—former prosecutor Claire Loftus, former civil service mandarin Sir John Manzoni, and former judge Sir Ernest Ryder—have unilaterally decided a full investigation is necessary.
This is the first time the advisers have exercised this power since they were appointed a year ago. The decision followed direct requests for intervention from both Scottish Conservative leader Russell Findlay and Scottish Labour leader Anas Sarwar, who argued Mr Swinney's judgement was now in serious question.
The Core of the Controversy
The scandal stems from a Holyrood debate on a Victims Bill in September. During the session, Angela Constance claimed that child abuse expert Professor Alexis Jay, who led a major inquiry into grooming gangs in England, ‘shared her view’ that a similar Scottish inquiry was unnecessary. She further stated Prof Jay had said people should ‘just get on with’ protecting children.
Professor Jay immediately complained, writing to Ms Constance that her January comments about England and Wales had been taken out of context. ‘It had nothing to do with the position in Scotland, as could be interpreted from your statement,’ she wrote, requesting clarification.
Although a note was later added to the minutes of a Government child protection group, Ms Constance failed to correct the official parliamentary record, despite a ministerial duty to do so at the earliest opportunity. It also emerged she apologised to Prof Jay in a work-related phone call without a civil servant present—another potential breach of the code.
Political Fallout and Demands for Resignation
The decision by the independent advisers has ignited a fierce political row. Russell Findlay declared it a ‘humiliation for John Swinney’, accusing the First Minister of trying to dismiss the issue. ‘Having lost all trust and credibility, it’s long been evident to everyone apart from John Swinney that Angela Constance’s position is untenable. She needs to go,’ he stated.
Anas Sarwar said the development ‘calls into question John Swinney’s judgement’ and criticised the SNP government for thinking it could ‘lie to the public and get away with it’. Former Scottish Tory leader Douglas Ross described the situation as a ‘Christmas nightmare’ for Mr Swinney, accusing SNP ministers of believing they are above the law.
In a letter to Mr Findlay, Mr Swinney confirmed his advisers wished to initiate an investigation and said their findings would be published ‘in a timely manner’. He added it would now be inappropriate for the government to comment further.
The controversy unfolded alongside personal testimonies from victims of grooming gangs in Scotland, increasing pressure on the government. While ministers have since announced a national evidence-gathering review overseen by Prof Jay, they have stopped short of the full judge-led inquiry demanded by survivors.
A Scottish Government spokesman said: ‘The First Minister greatly values the important, independent and impartial role of the Independent Advisers on the Scottish Ministerial Code and will await their advice on this matter.’
