John Swinney also misled parliament over his party’s manifesto pledges on income tax, while over the last 12 months Neil Gray and Mairi Gougeon failed to declare limo journeys and hospitality respectively.
The true independence of the advisers has also been called into question after Russell Findlay’s calls for a probe into Constance were replied to by John Swinney rather than the independent advisers themselves.
Scottish Conservative deputy leader Rachael Hamilton believes the lack of investigations and John Swinney’s involvement in responses suggests the nationalists failed to give the advisers real teeth when making the changes to the code and that Swinney’s announcement was “SNP spin masquerading as genuine accountability”.
Scottish Conservative deputy leader Rachael Hamilton said: “John Swinney’s much-trumpeted changes to the ministerial code look nothing more than a cynical PR stunt.
“It’s more than a year since he granted his independent advisers the power to initiate investigations into SNP ministers’ conduct, and it beggars belief that not a single probe has been launched by them.
“During that time, Angela Constance and Swinney have repeatedly misled parliament, while Neil Gray has misused his ministerial limo and Mairi Gougeon failed to declare hospitality.
“If the nationalists had given the independent advisors real teeth to investigate wrongdoing, they would surely be looking into these controversies to ensure the ministerial code is upheld.
“Swinney’s big announcement was clearly SNP spin masquerading as genuine accountability. It’s high time that the independent advisers were properly empowered to investigate ministerial misconduct.”
Notes to editors
John Swinney’s letter sent to Russell Findlay in response to our calls for an independent investigation into Angela Constance’s conduct is attached, as is Russell Findlay’s initial letter to the independent advisers.
On 17 December 2024, John Swinney issued a revised Scottish Government Ministerial Code. Two significant changes relate to the role of the Independent Advisers on the Ministerial Code and the use of Scottish Government corporate communication channels. Both updates are based on earlier reviews, and the background on these updates is discussed in the following sections. (SPICe Spotlight, 21 January 2025, link).
Scottish Ministers are required to provide accurate information to Parliament under the code. Other standards set out in the Ministerial Code include: correcting any inadvertent errors in information given to the Parliament; announcing Scottish Government policy to the Parliament first; and being prepared to justify their decisions to the Parliament. (SPICe Spotlight, 21 January 2025, link).
Independent Advisers on the Ministerial Code are now able to initiate investigations. Independent Advisers on the Ministerial Code now able to initiate investigations: 1. The First Minister, after consulting the Permanent Secretary, can ask the Permanent Secretary, with support from the Scottish Government Propriety and Ethics Directorate, to investigate the facts; 2. The First Minister can refer the matter to the Independent Advisers on the Ministerial Code; 3. The Independent Advisers can initiate investigations themselves if they notify the First Minister. (SPICe Spotlight, 21 January 2025, link).
To date the Independent Advisers have not independently initiated any alleged breaches of the Ministerial Code despite numerous examples that merited investigation.
- Angela Constance misled Parliament re her comments about child grooming expert Professor Alexis Jay. Constance previously claimed Professor Jay did not support a Scottish grooming gangs inquiry. Professor Jay, the leader of the Rotherham child sex abuse inquiries, has since asked for the official record to be corrected, and said an inquiry must be urgently set up. (Scotsman, 3 December 2025, link).
- John Swinney misled Parliament over claims that he kept the SNP’s manifesto promises on income tax. The SNP’s manifesto ahead of the 2021 Holyrood manifesto vowed to “freeze income tax rates and bands” until 2026, without caveat, but the Scottish Government has hiked the levies on two occasions since being re-elected. In 2023, when Mr Swinney was finance secretary, he increased two separate income tax bands, while last year, current finance secretary Shona Robison introduced a new tax band with a higher rate and raised another income tax band. Swinney has repeatedly refused to admit his party has breached the explicit manifesto commitment. He has also accused UK Labour Chancellor Rachel Reeves of misleading the public in the run-up to her Budget and called for her to quit. (Scotsman, 3 December 2025, link).
- Gillian Martin was accused of breaching the ministerial code over a planning decision. On planning decisions, it states that Ministers “must do nothing which might be seen as prejudicial to that process, particularly in advance of the decision being taken”. Martin allegedly breached the ministerial code after allegedly “endorsing” a controversial planning application for pylons. (Scottish Daily Express, 1 October 2025, link).
- Neil Gray allegedly breached the ministerial code over his use of taxpayer-funded limos. Gray was forced to make a statement to Parliament in 2024 after it was revealed he was driven to several Aberdeen football games in a taxpayer-funded vehicle. In June, Gray was driven to the Brig O’Don bar in Aberdeen before travelling to Pittodrie for a game against Livingston in May last year. The Ministerial Code states that ministers are only allowed to use official cars for “official business and for home to office journeys”. (Daily Record, 13 June 2025, link).
- Mairi Gougeon did not declare hospitality that she and her husband received at rugby games. Under the Scottish Ministerial Code, ministers must declare hospitality accepted in a ministerial capacity worth more than £140. Mairi Gougeon and her husband were guests of Salmon Scotland at Murrayfield in 2022 and 2024. The £1,500 worth of tickets, lunch and drinks at the ‘hospitality village’ for the Six Nations game were not included in Gougeon’s official register of ministerial gifts or MSP interests. (Daily Mail, 22 December 2024, link).
Angela Constance admitted there were no officials on her call with Alexis Jay on 1 December. Under questioning from Douglas Ross MSP, Constance revealed: ‘There was no officials on the call, it was a private call.’ This is despite the ministerial code saying: ‘A Government official should be present for all discussions relating to Government business.’ (Daily Mail, 17 December 2025, link).