Justice Secretary Angela Constance faces investigation over claims she misled parliament

Independent advisers on the ministerial code have told First Minister John Swinney they want to investigate Ms Constance, who has come under pressure in recent weeks after she was accused of misleading MSPs by misrepresenting comments made by Professor Alexis Jay.

Mr Swinney previously said he was “content” Ms Constance did not break the code.

But now, a team of three independent advisers has now notified First Minister John Swinney they wish to undertake an investigation into Ms Constance.

A statement from the Scottish Government said: “The independent advisers have notified the First Minister they wish to initiate an investigation into the cabinet secretary for justice and home affairs.

“The advice provided to the First Minister on the outcome of [the] investigation undertaken by the independent advisers will be published in a timely manner after the case has been decided by the First Minister.”

It comes a week after Ms Constance survived a motion of no confidence in Holyrood over the issue.

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The motion was brought forward by the Scottish Conservatives and backed by Scottish Labour over comments Ms Constance made about Professor Jay.

Back in September, the Scottish Conservatives tried to amend a government bill to launch a grooming gangs inquiry in Scotland. At this point, Ms Constance said she opposed such a move and that Professor Jay agreed with her.

However, the expert later said her comments had had “nothing to do” with the situation in Scotland.

Last week, Ms Constance revealed she had phoned Prof Jay to make a “personal and direct apology” to her.

She has also said she will amend the official record of the debate in question.

The Conservative, Labour and Lib Dem MSPs in the Scottish Parliament claim she misled parliament with her comments, something that would usually result in a resignation or sacking from the frontbench team.

The Scottish Government defended her, saying she was making a general point.

One grooming gangs survivor, known as Taylor, has called Ms Constance’s position untenable and led the calls for her to be removed as the justice secretary.

Last week Scottish Labour leader Anas Sarwar wrote to the independent advisers on the ministerial code urging them to launch an investigation.

After the investigation was confirmed, he said: “This is a significant development and calls into question John Swinney’s judgement - or lack of - after he publicly backed Angela Constance.

“The justice secretary clearly misrepresented Professor Alexis Jay on an issue as serious as grooming gangs and child sexual exploitation.

“I am pleased that the independent advisers on the ministerial code have responded to my request to launch an investigation into Angela Constance.

“But it should have been referred to them by John Swinney. There are now serious questions for John Swinney to answer.

“The sad truth is that this is an SNP government which time and time again lies to the public and thinks he can get away with it.

“John Swinney, his ministers and his party believe the rules don’t apply to them. It’s just the latest example of why they aren’t fit for office.”

Scottish Conservative leader Russell Findlay added: “This welcome development follows sustained Scottish Conservative pressure on behalf of grooming gang survivors.

“Instead of doing the right thing, John Swinney has spent weeks defending the indefensible and playing petty political games.

“His lack of judgement and refusal to face the facts is bewildering.

“Having lost all trust and credibility, it’s long been evident to everyone apart from John Swinney that Angela Constance’s position is untenable. She needs to go.”

Willie Rennie MSP, the Scottish Lib Dems’ business manager, added: “Sometimes in politics people get things wrong, but the decent thing to do is be upfront when that happens.

“After misrepresenting a respected expert, Angela Constance should have apologised to Professor Alexis Jay and been straight with parliament immediately.

“Instead, the SNP chose to defend the indefensible for weeks on end.”

Previously potential breaches of the ministerial code had to be referred to the independent advisers by the first minister themselves. However, Mr Swinney updated the terms of reference when he took office meaning advisers may now initiate investigations themselves.

These advisers will give their view on whether or not Ms Constance breached the standards expected of government ministers, and could make recommendations for appropriate sanctions.

The Scottish Government has now launched a review of grooming gangs in Scotland. This is mainly to understand the scale of the issue, and could lead to a full inquiry. Professor Jay is due to play a key role in this review.