Pressure is intensifying on Scotland's Justice Secretary, Angela Constance, after she conceded a second potential breach of the ministerial code. This follows her apology to a leading child abuse expert whose views she misrepresented in parliament.
Private Apology Sparks Code of Conduct Concerns
Ms Constance revealed to Holyrood's Education, Children and Young People Committee that no civil servants were present during a private call she initiated with Professor Alexis Jay on December 6. The call was made to apologise for how the academic's stance on a potential Scottish grooming gangs inquiry was presented during a debate on September 16.
The ministerial code explicitly states that a government official must be present for all discussions relating to government business. Ms Constance's admission has led opposition parties to renew demands for an investigation into whether she has broken these rules.
Misrepresentation and a Delayed Correction
The controversy stems from comments Ms Constance made while arguing against a Tory amendment to the Victims and Witnesses Bill. She told MSPs that Professor Jay 'shares my view' and does not support further inquiries into child sexual abuse.
Subsequent correspondence proved this was a misrepresentation. Professor Jay demanded a clarification and confirmed she does support a Scottish inquiry. Despite this, the Justice Secretary failed to correct the official parliamentary record for three months, only stating she would 'certainly look at' doing so during yesterday's committee session.
Calls for Investigation and No Confidence
First Minister John Swinney has previously dismissed calls to refer the matter to his independent advisers on the ministerial code. However, following her committee appearance, Scottish Labour is considering tabling a fresh vote of no confidence in Ms Constance after the Christmas recess.
Scottish Conservative leader Douglas Ross said: 'Angela Constance's committee performance has only confirmed her position as justice secretary is untenable... If Angela Constance is relaxed about an investigation, then John Swinney and the independent advisers should back our calls and launch one immediately.'
During the evidence session, Professor Jay, appearing via video call, clarified she had sought an 'accessible clarification' of her views, not an apology. She also stated she would welcome amending the official record but had not been offered that option.
Defence and Political Fallout
Defending her actions, Ms Constance claimed the private call with Professor Jay was a 'one-off' and she was not aware of ministers being prohibited from making personal calls. She insisted she had 'no concerns' about an investigation but admitted her fate 'rests in others' hands.
Scottish Labour leader Anas Sarwar responded, stating: 'She's lost the confidence of victims and survivors, and therefore she cannot stay in post.'
The Scottish Government confirmed that letters from opposition leaders demanding a probe have been shared with the independent advisers on the ministerial code, with a response to be issued in due course.
