Swinney's 'shocking lack of judgement' after lunch with ethics watchdogs...who could investigate him

John Swinney has been accused of a ‘shocking lack of judgment’ after ‘schmoozing’ ethics watchdogs who could one day decide his fate.

The First Minister invited his three independent advisers on the Scottish Ministerial Code to lunch at his Bute House official residence last month.

The three - a former prosecutor, judge and civil service mandarin - are responsible for investigating possible breaches of the Code by Mr Swinney and his ministers.

Within days of the gathering, the trio came under intense pressure to probe health secretary Neil Gray over an alleged ethics breach - but decided to do nothing.

Despite an earlier online discussion between Mr Swinney and the advisers, the Scottish Government insisted the lunch had been an ‘introductory meeting’.

The group was able ‘to meet each other and to discuss the function of the role’ of adviser, a spokeswoman said.

The Conservatives said the situation ‘reeks’ and queried why the advisers didn’t kept their distance from someone they might have to investigate.

Tory MSP Stephen Kerr said: ‘This is a dreadful look for John Swinney and reeks of the cover-up culture that has been at the heart of this SNP government for the last 18 years.

The First Minister invited his three independent advisers on the Scottish Ministerial Code to lunch at his Bute House official residence

The First Minister invited his three independent advisers on the Scottish Ministerial Code to lunch at his Bute House official residence

‘He has repeatedly talked up these appointments as making investigations more independent, yet clearly had no qualms about schmoozing advisers over lunch at Bute House.

‘That displays a shocking lack of judgment from the First Minister when the public are already disillusioned as to how these so-called independent investigations into ministerial behaviour are carried out.

‘While these advisers would have been best placed to recuse themselves, the onus is on Mr Swinney to explain why he thought such an invitation was appropriate in the first place.’

The meeting was held against the backdrop of a long-running row over Mr Gray’s conduct.

In November, the Health Secretary apologised to Holyrood after taking ministerial limos to multiple football games, many involving his beloved Aberdeen FC.

He claimed he had been on official business, but opposition parties accused him of using taxpayer resources to go on ‘jollies’.

A week after the Bute House lunch the row flared up again, when it emerged Mr Gray had misled MSPs by wrongly claiming official summaries existed of all his meetings at the matches.

The Tories demanded the three advisers investigate whether Mr Gray had breached the ministerial code - a potential resignation offence - but last week they refused.

The Government said there was ‘no discussion of individual cases’ at the lunch.

Mr Swinney, who is in charge of the Ministerial Code, updated the government rulebook late last year to give more power to the independent advisers who help police it.

In the past, only a first minister could order a probe into a minister, or refer themselves to outside advisers.

Now, the advisers can, in theory, launch their own investigations without the FM’s approval.

Former Irish prosecutor Claire Loftus, former civil service chief executive Sir John Manzoni, and former Lord Justice of Appeal Sir Ernest Ryder have been the advisers since December.

Files released under freedom of information show the three had a one-hour online meeting with Mr Swinney and his ethics officials on November 28 to discuss their roles.

The meeting covered proposed changes to the Code and the advisers’ terms of reference.

The trio was invited to a two-hour lunch with Mr Swinney at Bute House on January 13 as a part of a day’s activity that included meeting senior officials.

The Scottish Government last night confirmed the lunch went ahead as planned, and said officials were present and that the meeting was minuted.

A Scottish Government spokeswoman said: ‘The Independent Advisers are appointed by the First Minister to advise on matters relating to the Scottish Ministerial Code.

‘This was an introductory meeting providing an opportunity for the Advisers and the First Minister to meet each other and to discuss the function of the role.’