Yousaf must refer himself to Ministerial Code Adviser over energy claims

Scottish Liberal Democrat leader Alex Cole-Hamilton has today written to the First Minister calling on him to refer himself to the Independent Adviser on the Scottish Ministerial Code.

His call comes after a freedom of information request revealed the Scottish Government discussing options for explaining false claims made by the First Minister on 22 June 2023 which potentially undermine a letter the First Minister sent to Parliament on 29 August 2023 seeking to explain the error.

Mr Cole-Hamilton's letter is as follows:

Dear First Minister,

I am writing to ask whether you will refer yourself to the Independent Adviser on the Scottish Ministerial Code in relation to your handling of the correction of the record in parliamentary proceedings, and separately order that redactions are removed from documents connected to this.

Information acquired under freedom of information by Sam Taylor has uncovered the discussion that occurred within the Scottish Government following your false claim in the Chamber at FMQs on 22 June 2023 where you stated Scotland has the majority of the UK’s renewables and natural resources.

From the heavily redacted documents released under FOI, it appears that a fact may have subsequently been manufactured after 22 June in order to minimise the impact of your need to correct the parliamentary record. If so, that would make it impossible for you to have had the “intention” of quoting this apparent fact at the time, as you later told Parliament.

The extent to which you were party to or aware of the discussions that occurred within the Scottish Government between 22 June and 21 July is unknown at this time. Similarly, it is important to establish whether this apparent “per capita” fact was known to you or had ever been calculated prior. I would therefore urge you to order the removal of redactions from this FOI response in order to shed more light on these points and the wider handling process that existed within your government around your need to correct the record.

You formally informed Parliament of both your correction and the basis for it on 29 August. The letter was addressed to the Presiding Officer, business managers, Anas Sarwar, Liam Kerr, myself and a copy placed into the parliamentary library SPICe.

I am concerned that these new documents raise the possibility that you knew it was not true to tell Parliament that, in your words, “I had intended to say ‘per capita’” at FMQs on 22 June, if indeed this apparent fact was only reverse engineered afterwards in the course of your Scottish Government deliberating how it could correct the record and save embarrassment.

I am concerned that in the course of correcting the record in relation to the exchange on 22 June that you may have knowingly misled Parliament in your letter of 29 August. I therefore urge you to refer yourself to the Independent Adviser on the Scottish Ministerial Code in relation to your handling of the correction of the record in parliamentary proceedings.

As you know, section 1.3(c) of your ministerial code states that it is “of paramount importance” that accurate and truthful information is given to the Parliament and explains that ministers who knowingly mislead the Parliament will be expected to offer their resignation.

I look forward to your response.

Yours sincerely,

Alex Cole-Hamilton

Leader of the Scottish Liberal Democrats