Hansard

I am delighted to be able to inform Parliament of the new and, I believe, stronger ministerial code that comes into force from today. Colleagues in the chamber will be well aware that I have spent considerable time—just over a year, in fact—working with the civil servants of the Scottish Government on a thorough review of the 2003 code. The aim of that work has been to improve and clarify the code wherever possible. The review is now complete and I am happy to be able to present to the chamber the new code and the improvements that it will bring in guiding ministerial accountability and conduct.

I assure all colleagues present that "blah"—the answer from Jim Mather to a recent parliamentary question from Annabel Goldie—was a genuine mistake. It was inadvertent and was not a pilot for our new approach to parliamentary accountability. [Interruption.] Mr Swinney is saying that I should not rule out such an approach at this stage.

I am confident that the new code will do justice to and further strengthen the high standards of conduct and accountability that the Scottish Government pursues and which the Scottish Parliament demands.

My ministers and I believe without reservation in the potential of Scotland's Government and Parliament to improve the lives of our people. We understand how important it is that the people of Scotland have full trust and confidence in their political institutions. We understand how important it is that they have confidence in not only the decisions that Scottish ministers take but the manner in which ministers take those decisions.

From day one of this Administration, we have sought to build trust and confidence in the Scottish Government with this Parliament and with the public. I do not expect members of the Opposition to use today's statement to praise the ministers for their hard work in building trust in the Government. However, we have some independent evidence that the public is responding favourably to those efforts. The Scottish social attitudes survey, which was published just last month, showed that 71 per cent of people trusted their Government to act in Scotland's interests. A year ago, that figure was only 51 per cent. Of course, that view might not be shared by everyone, but it should be at least of interest to everyone in the chamber.

The Government understands that public trust is not simply won for all time and that trust must continually be earned and sustained. That is why we are committed to maintaining the highest standards of ministerial conduct and parliamentary accountability.

This is the 59th ministerial statement since May—far more than in any year since 1999. In the first half of this year alone, we have answered more than 7,000 parliamentary questions—already close to the same number answered in the record full year of 2002. Although the same members of the Parliament account for a huge percentage of those parliamentary questions, I still think that the figure is of substantial significance and is one in which we can perhaps take collective satisfaction. That is why the Scottish Government has just launched Scotland performs, the first national performance framework of public accountability in Scotland.

Let me recall for colleagues the purpose of ministerial codes and their place in the broader framework of public accountability. All ministerial codes, including this one, are strict codes of conduct, which members of the Government must observe. However, their scope and purpose are, of necessity, clearly defined. The ministerial code is not, as some have tried to portray it, an all-purpose complaints mechanism that should be used for each and every accusation that is levelled against Scottish ministers. Presiding Officer, I know that you—perhaps above all others in the chamber—are well aware of that fact. However, it is a point about which some other colleagues need the occasional reminder.

It is of course entirely legitimate for complaints about ministerial behaviour to be brought to my attention where such complaints bear close scrutiny. However, members of this Parliament also hold Scottish ministers to account—and indeed appoint them—under the Parliament's powers under the Scotland Act 1998. Through its committees and question times, this Parliament exercises the vital role of parliamentary scrutiny.

Parliamentary accountability is a vital aspect of the ministerial code, but it is only one responsibility among several sets of Scottish ministers' responsibilities under the code. It is of course appropriate for each First Minister to review and revise the code to ensure that it remains a strong and clear guide to the conduct of Scottish ministers. However, much of the new code draws heavily on my predecessors' codes, which reflects the fact that, at a fundamental level, the standards of behaviour that ministers must observe are enduring and must always remain high.

I have said that much of the substance of the ministerial code remains unchanged. However, let me be clear that there are significant changes to the code that reflect our desire for new and better governance in Scotland. The changes that I have made all help to ensure that the expectations on Scottish ministers are clear and objective and that the code is easily accessible to members of the public and members of this chamber.

I turn to an issue to which I have given considerable thought. Many in this chamber have argued for the need for independent advice, particularly following the United Kingdom Prime Minister's initiative in that direction. However, it should be noted that that particular innovation has recently been criticised by one of Westminster's parliamentary select committees. We—that is, the Prime Minister and I—are wrestling with the notion that the guardians of public accountability must always be the Prime Minister, in the case of Westminster, or the First Minister, in the case of this Parliament. The issue of how advice can be truly independent, especially when the adviser has been appointed by a Prime Minister or a First Minister, has proved to be a ticklish problem to solve—indeed, for some time, I thought that it was an impossible problem to solve.

However, I think that I have a solution that will provide some satisfaction. For the first time, there will be a panel of past Presiding Officers to guide the First Minister on the application of the code. I am delighted to announce that Lord Steel and George Reid have agreed to serve as members of that panel of independent advisers. Their integrity is beyond reproach, and their knowledge of ministerial and parliamentary procedures is unrivalled. Further, they are undoubtedly independent. I ask members to show their appreciation to Lord Steel and George Reid for continuing their outstanding service to Scotland by taking on this new role and for doing so for no payment whatsoever. [Applause.]

I now turn to the other main reforms contained in the new ministerial code. First, the code tightens the rules on the handling of ministers' private interests. I have agreed with the permanent secretary to the Scottish Government, Sir John Elvidge, that he will play a more authoritative role in determining the course of action that ministers should follow.

Secondly, the code provides clearer guidance to ministers on representing the interests of their constituents and on handling sensitive matters such as planning applications and the granting of energy consents.

Thirdly, the code sets out how Scottish ministers will work more openly and constructively with the Parliament, with the support of parliamentary liaison officers.

Finally, the new ministerial code introduces clearer guidance on the handling of ministerial gifts. Crucially, the Scottish Government will henceforth publish a quarterly and timeous list of gifts received over the threshold of £140. Further, for the first time, such provisions on registration will now also apply to hospitality as well as gifts.

Those are the key new provisions of my ministerial code. The changes are, in my view, all changes for the better and ensure that the ministerial code is clear and effective and promotes good governance. With the support of Lord Steel and George Reid—for the first time, providing independent expert advice to the First Minister—the code will mark a real advance in terms of impartiality and the quality of scrutiny.

I said at the outset that this Government embraces the challenge of building and maintaining public trust in the Scottish Government. That is the job that we are doing and which we are committed to continuing to do.