Ministerial Codes - Holyrood vs Westminster

BREAKING: Rishi Sunak will consult with independent ethics adviser regarding Suella Braverman's speeding fine, Sky News understands. https://t.co/JOHgyQf1K0

📺 Sky 501, Virgin 602, Freeview 233 and YouTube pic.twitter.com/GxC54x27bS

— Sky News (@SkyNews) May 21, 2023

Two government ministers at Westminster (Nadhim Zahawi and Dominic Rabb) have been forced to resign recently after being referred to the Prime Minister's independent ethics adviser.

Which suggests the system of accountability has teeth.

Meanwhile in Scotland the First Minister remains 'judge and jury' in complaints about the ministerial code.

Which means the odds at Holyrood are stacked in favour political convenience rather than good government.    

So don't expect Humza Yousaf to be demanding that Lorna Slater resigns anytime soon - even though she deserves the sack. 

Scotland's Ministerial Code - Unfit For Purpose (May 19, 2023)

Seems extraordinary that Scotland's First Minister can agree on the need for an investigation under the Ministerial Code while in his next breath announce that his SNP colleague, Jenny Gilruth, has no case to answer!

The Herald's Tom Gordon rightly pours scorn on this nonsense.

The problem is that Scotland's FM acts as judge and jury when it comes to the ministerial code - whereas in Westminster the Prime Minister does refer complaints to an independent adjudicator.

Nadhim Zahawi Sacked - Nicola Sturgeon Is A Hypocrite (January 29, 2023)

Nicola Sturgeon loves to criticise other people's behaviour, but she is a terrible hypocrite when it comes to the lack of independent scrutiny over Scotland's ministerial code.

If Patrick Harvie were a member of the UK Government, there is no doubt he would be out on his ear.

Nicola Sturgeon, Sheer Humbug and Scotland's Ministerial Code (January 28, 2023)

Nicola Sturgeon acts as judge and jury over Scotland's ministerial code - unlike the situation in Westminster where an 'independent ethics adviser' is available to the Prime Minister to investigate complaints against UK ministers.

So after 10 long weeks here is the FM's response to my complaint about Patrick Harvie - a Glasgow MSP who refused to meet with me because I attended a rally at Holyrood in support of women's rights in October 2022 (including the right not to have men in women's prisons).

Now I don't know who advised the First Minister that my complaint against Patrick Harvie related to solely to his role as an MSP because I dealt with this specific point in my original letter of complaint dated 15 November 2022 (see below).

I complained about Mr Harvie's personal behaviour while acting as a Scottish Government minister which I described as: "outrageous, discriminatory and anti-democratic" - the fact Patrick Harvie is also an MSP is beside the point.

 

For example, Mark McDonald was forced out as the SNP Minister for Childcare and Early Years in 2017 because of sleazy texts and his personal behaviour while acting as a minister.

Likewise Derek Mackay, the former SNP Finance Secretary,  was forced to resign in 2019 for sending hundreds of inappropriate texts to a 16-year-old boy - his personal behaviour while in office was his undoing and rightly so.

Patrick Grady is another example - the SNP's Chief Whip at Westminster was punished in 2022 for his personal behaviour and for sexually harassing a junior member of staff.

Finally, Nadim Zahawi, the Conservative MP, is currently under investigation over his personal tax affairs and conduct while acting as a UK Minister.

The charge against Zahawi is that while acting as a Minister he may have breached the ministerial code and the Nolan Principles on which the code is based.  

All of which means it is sheer humbug for Nicola Sturgeon to argue that this is a matter for Scotland's Commissioner for Ethical Standards - rather than herself as First Minister.

I did, of course, point this out to the First Minister in my original letter of complaint which stated clearly:

"As you know Scottish Ministers are accountable for their personal conduct as well as their ministerial performance which is why previous government ministers including Derek Mackay and Mark McDonald, for example, were sacked or forced to resign." 

So before I do anything else I think I should write again to the First Minister to ask for a further and better explanation on these points because they make no sense as far as the Ministerial Code and Nolan Principles are concerned.

Dear First Minister

Ministerial Code - Patrick Harvie

I wish to make a formal complaint against Patrick Harvie, Minister for Zero Carbon Buildings, Active Travel and Tenants' Rights and a list MSP for the Glasgow region. 

I asked to meet with Patrick Harvie to discuss ongoing issues regarding gender recognition reform, but in a letter dated 24 October Mr Harvie abruptly announced that he was not prepared to meet or engage with me as a result of my attendance at a women's rights demonstration at the Scottish Parliament on 06 October 2002.

In my view, Mr Harvie's refusal to meet with me because of my support for a women's rights rally is outrageous, discriminatory and anti-democratic. 

Mr Harvie is effectively trying to ban, cancel and punish me for holding views which are admittedly different to his own, but are perfectly reasonable and legitimate as well as being protected under the law.

I believe Mr Harvie's behaviour is totally unacceptable coming from a Scottish Government Minister and an MSP who is bound by the Nolan principles on public life and Scotland's Ministerial Code:

"1.1. Scottish Ministers are expected to maintain high standards of behaviour and to behave in a way that upholds the highest standards of propriety.

"Ministerial Conduct

"1.2. Ministers should be professional in all their dealings and treat all those with whom they come into contact with consideration and respect. Working relationships, including with civil servants, Ministerial and Parliamentary colleagues and Parliamentary staff should be proper and appropriate. Harassing, bullying or other inappropriate or discriminating behaviour, wherever it takes place, is not consistent with the Ministerial Code and will not be tolerated.

"1.3. The Ministerial 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. They are expected to observe the Seven Principles of Public Life (set out in the Annex to this Code) and the following principles of Ministerial conduct:"

As you know Scottish Ministers are accountable for their personal conduct as well as their ministerial performance which is why previous government ministers including Derek Mackay and Mark McDonald, for example, were sacked or forced to resign. 

Henry McLeish and Wendy Alexander both resigned from previous Labour/Lib Dem administrations, as I am sure you recall given your twenty three years membership of the Scottish Parliament.

I did not ask Mr Harvie to take up my 'case' or represent me in any way - all I asked was for the opportunity, as a Glasgow constituent, to meet with one of Glasgow's lawmakers to discuss a highly topical issue in a civil fashion.

I have asked Mr Harvie to apologise for his ignorant, arrogant behaviour and enclose a chain of emails explaining the background to this affair.

I invite you to uphold my complaint and look forward to hearing from you soon.

Kind regards

Mark Irvine