Scottish Ministerial Code - 2011 edition
By convention, the Scottish Ministerial Code is revised at the commencement of each new Parliamentary term, and the 2011 edition of the Code was published on 13 December 2011.
Purpose of the Ministerial Code
The Scottish Ministerial Code provides a code of conduct and guidance on procedures for members of the Scottish Government (the First Minister, Cabinet Secretaries and Law Officers) and junior Scottish Ministers.
All Scottish Ministers are expected to behave in a way that upholds the highest standards of propriety. They are expected to observe the Seven Principles of Public Life and the principles of Ministerial conduct set out in the Code.
The Code provides guidance to Ministers on how they should act and arrange their affairs in order to uphold these standards. It lists the principles which may apply in particular situations, drawing on past precedent, but it is not a rulebook.
The Code should be read against the background of the overarching duty on Ministers to comply with the law, including international law and treaty obligations, and to uphold the administration of justice and to protect the integrity of public life.
Independent Advisers on the Scottish Ministerial Code
The previous edition of the Scottish Ministerial Code, which was published on 18 June 2008, introduced, for the first time, independent advisers on the application of the Code.
Where he deems it appropriate, the First Minister may refer matters to the independent advisers to provide him with advice on which to base his judgement about any action required in respect of Ministerial conduct. The findings of the independent advisers are published.
In June 2008, the former Presiding Officers, Rt Hon George Reid and Rt Hon Lord Steel of Aikwood, were appointed as the first independent advisers. They issued three reports:
In August 2011, the former Lords Advocate, Rt Hon Lord Fraser of Carmyllie QC and Rt Hon Dame Elish Angiolini QC DBE, were appointed as the latest advisers to take up the role. Lord Fraser has issued one report to date: