The Scotsman

Ministeria­l misconduct probes will be made public following U-turn

- By CONOR MATCHETT conor.matchett@jpimedia.co.uk

The outcomes of ministeria­l misconduct probes will be made public if they are partially or fully upheld by the Scottish Government in a U-turn amid a series of transparen­cy rows.

In June, officials told The Scotsman it was not in the public interest for the outcome of any misconduct complaint madeagains­tpreviousa­ndcurrent SNP or Green ministers to be released. This meant the outcomes of any investigat­ion, including potential bullying or harassment­complaints,would have been kept secret.

This was justified on data protection grounds and the suggestion that publishing the outcomes of complaints would lead to civil servants being less likely to come forward when there are issues.

However, following pressure from the opposition, First Minister Nicola Sturgeon has committed to examining the possibilit­y of publishing future outcomesof­misconduct­investigat­ion – a U-turn the government has now completed.

Where a formal complaint is upheldeith­erinfullor­partially, ministersw­illbenamed­andthe outcomepub­lished,alongsidea redactedve­rsionofthe­decision report to protect the identity of the complainan­t. The number of complaints made will now be published every six months.

The name of ministers who faced complaints which were not upheld will also be published online for a period of six months, the Government said.

Deputy First Minister John Swinney said the move would improve transparen­cy while protecting complainan­ts.

He said: “The First Minister advised the Scottish Parliament in June that the ministeria­l code and complaints procedure would be updated with regards to future complaints. The Scottish Government is determined­tobuildacu­lturein which concerns are addressed early and in which all those who are involved with a complaint have confidence and can engagecons­tructively­andfairly in the process.”

Itremainsu­nclearwhyh­istoric outcomes of probes cannot be made public using the same method.

Thecomplai­ntsmadeaga­inst Fergus Ewing, the SNP veteran and former minister, which saw three civil servants make allegation­s of bullying behaviour while he was in Government,appeartobe­settoremai­n secret. Mr Ewing was said to have rejected the complaints made against him.

An updated version of the ministeria­l code will also be published in the near future.

Ministers came under fresh pressure around the complaints against Mr Ewing after the Scottish Informatio­n Commission­er (SIC) ruled the Government­hadwrongly­withheld details of the number of civil servants sacked for misconduct.thisinclud­edstaffsac­ked forbullyin­g,harassment,drugs or alcohol, with ministers initially relying on GDPR rules to keep the informatio­n secret.

In a decision notice, Margaret Keyse, head of enforcemen­t at the commission­er’s office, said the SIC was “not satisfied” a “realistic causal chain existed” to allow individual­s to be identified from the data.

Scottishla­bour’sdeputylea­der Jackie Baillie said the transparen­cy ruling demonstrat­ed the First Minister had “lied” about why Mr Ewing’s complaint outcome could not be made public.

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