Scotland’s justice secretary “unintentionally” breached two provisions of the ministerial code, an independent investigation into her conduct has found.
Angela Constance has come under pressure in recent weeks amid claims she misrepresented a leading expert on grooming gangs during a Holyrood debate in September.
She survived a vote of no confidence in December and received the full backing of First Minister John Swinney.
However, a trio of independent advisers for the first minister later mounted an investigation into whether she misled the Scottish parliament.
They have concluded that the MSP “breached two provisions of the ministerial code and that she did so unintentionally”.
In correspondence to the first minister, advisers Claire Loftus, John Manzoni and Ernest Ryder wrote: “We have concluded that the two breaches were inadvertence without any deliberation or intention to mislead.”
The advisers found the breaches to be at the “lower end of the spectrum” and recommended for a formal reprimand in writing and for Ms Constance to address the Scottish parliament.
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Ms Constance is due to make a statement to MSPs on Tuesday afternoon after Mr Swinney earlier received a report with the probe’s findings.
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The row revolves around a comment made by Ms Constance as MSPs debated the Victims, Witnesses and Justice Reform (Scotland) Bill in September.
Amid a failed Scottish Conservative amendment for a public inquiry to be established into grooming gangs in Scotland, Ms Constance insisted Professor Alexis Jay agreed with her that such a probe was not needed.
However, emails later made public by the Scottish government revealed the professor – who led the Independent Inquiry into Child Sexual Exploitation in Rotherham in 2014 – had contacted Ms Constance to say her comments had “nothing to do” with the situation in Scotland and would “appreciate” her position “being clarified”.
The MSP said she phoned the professor to make a “personal and direct apology” to her.
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The independent investigation identified two breaches of the ministerial code.
The advisers found Ms Constance’s comments about Professor Jay “had the potential to mislead parliament” and should have been corrected as soon as the expert communicated her views.
However, the advisers wrote: “The issue here is not about honesty or truthfulness.
“There is no evidence that Ms Constance knowingly misled parliament nor was the statement inaccurate or untruthful.”
The second breach was related to the pair’s telephone conversation, which should have been attended by a Scottish government official but was not.
The advisers said it was “an error of judgement in the moment and not deliberate and in that sense inadvertent”.
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