NICOLA Sturgeon has said the probe into whether or not she broke the ministerial code won't be stopped from looking to see if she misled parliament.
Speaking in Holyrood today, the SNP leader said it was up to James Hamilton - the independent adviser on the ministerial code, who is probing whether the SNP leader broke the rules - to decide if he should broaden the scope of his investigation beyond the initial remit.
Sturgeon triggered the investigation last year by referring herself after it was claimed she had broken the guidelines by failing to swiftly declare the three meetings and two phone calls with Salmond about the harassment complaints.
READ MORE: Alex Salmond wants Nicola Sturgeon to be investigated for misleading parliament
The Scottish Government’s ministerial code says that when discussing official business “any significant content” should be reported back to private offices.
Earlier this week, Alex Salmond called for Hamilton’s investigation to be widened to consider if the First Minister had misled parliament.
In a letter he questioned the remit set for the investigator by deputy first minister, John Swinney, saying it “lays a surprising stress” on whether Sturgeon “interfered in the Scottish Government investigation”.
“It might even be suspected that this remit has been set up as a straw man to knock down,” he adds.
“There is no general bar on ministers intervening in a civil service process of which I am aware and indeed there are occasions when ministers are actually required by the code to intervene to correct civil service behaviour.
“What I wish to know is whether matters which, by contrast, are specified in the ministerial code such as the primary responsibility of not misleading parliament (contrary to 1.3 (c) of the code), such as the failure to act on legal advice suggesting the Government was at risk of behaving unlawful (contrary to 2.30 of the code), and such as the ministerial failure to ensure civil servants gave truthful information to parliament (contrary to 1.3 (e) of the code) will have at least equal status in your deliberations or are you confined to the political remit which you have been set?
“If your enquiry has been confined by ministers then please tell me if you have the authority to expand that remit unilaterally?
“If not, will you seek the authority of those in the Scottish Government who set the remit to expand it into these, and other, areas?”
Salmond’s letter was raised at First Minister’s Questions by Tory MSP Oliver Mundell.
He asked Sturgeon if she would agree to expand the investigation.
She replied: “My view right now is that James Hamilton, who is the adviser undertaking the investigations into the ministerial code, is not restricted at all in the issues he can look at.
"If he thinks there are any issues that engage the ministerial code, or in any way could constitute a breach if the ministerial code, my view is that he is free to look at them.
"If he considers that requires any change to his official remit, I’m sure he is perfectly able to say that.
"But just for the record, and to be clear, I do not consider his remit to be limited to just one aspect of the ministerial code.”
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