Mark MacDonald, an SNP minister was forced to resign by Sturgeon’s Special Adviser, Liz Lloyd raising questions about the First Minister’s adherence to the Ministerial Code, particularly regarding the conduct of her Special Adviser, Liz Lloyd, and the handling of SNP disciplinary matters versus government processes. The details provided, combined with web sources, highlighted issues:
02 Nov 2017, Mark MacDonald met with Deputy First Minister John Swinney and Liz Lloyd, where he was informed of “chatter” about his inappropriate conduct among SNP members.
03 Nov 2017, Liz Lloyd, Sturgeon’s Chief of Staff and Special Adviser, convened a second meeting with MacDonald, informing him of a sexual harassment complaint lodged by an SNP member and advising him that his position as a minister was untenable prompting his resignation.
16 Nov 2017, MacDonald was suspended by the SNP after a second complaint, handled entirely within the party without reference to the Scottish Government.
The Special Advisers’ Code of Conduct, requires Special Advisers to act with integrity, avoid conflicts of interest, and not use their position for party political purposes.
They are temporary civil servants bound by the Civil Service Code, which emphasizes impartiality and objectivity, though they are exempt from the merit-based appointment requirement to provide politically aware advice.
Lloyd’s involvement, addressing a complaint lodged by an SNP member against MacDonald, a government minister, blurred the lines between party and government roles.
Critics, including Alex Cole-Hamilton MSP, argued that Lloyd’s role as a Special Adviser made her involvement in handling an SNP complaint “improper,” as it should have been managed by SNP officials like Peter Murrell, the party’s Chief Executive.
The involvement of Lloyd, who was aware of the complaint and briefed MacDonald, raises questions about whether she accessed information improperly or acted beyond her remit.
The Ministerial Code requires ministers (including the First Minister) to ensure their Special Advisers adhere to their Code of Conduct. Sturgeon’s failure to address Lloyd’s actions could be seen as a lapse in oversight, potentially breaching the Ministerial Code’s requirement to manage Special Advisers’ conduct.
Murrell, Sturgeon’s husband and SNP Chief Executive, testified to the Holyrood Harassment Inquiry in Jan 2021, that the SNP did not share complaint details with government officials or Special Advisers unless there was a “clear act of criminality.”
He claimed he first became aware of the complaint against Macdonald on 03 Nov 2017, at a meeting with Lloyd the day before MacDonald’s resignation,
This contradicts suggestions that Lloyd acted on SNP-related information, raising questions about how she obtained details of the complaint and who authorized her to confront MacDonald.
The Ministerial Code states that the First Minister is responsible for approving Special Adviser appointments and can terminate their employment.
Sturgeon’s failure to discipline or dismiss Lloyd for her involvement in the MacDonald case, despite allegations of improper conduct, could be seen as a failure to enforce the Special Advisor’s Code avoiding her responsibilities under the Ministerial Code.
Sturgeon’s call to MacDonald on 04 Nov 2017, confirming her acceptance of his resignation confirmed her endorsement of the violation of the Special Advisor’s code by Lloyd.
This is contrary to her statement to the Holyrood inquiry in which she emphasized that she ensured government business was conducted through official channels and subject to FOI legislation.
The MacDonald case exposed an overlap between party and government matters, which the Ministerial Code was in place to prevent.
The lack of clarity about how Lloyd accessed details of the complaint and why the matter was not handled solely by the SNP (as Murrell claimed was party policy) raises questions about Sturgeon’s adherence to the Code’s requirement to maintain a clear distinction between roles.
When questioned about the MacDonald case, a Scottish Government spokesperson stated only that MacDonald resigned following allegations “from outside the Scottish Government” about his personal conduct, without addressing Lloyd’s role or the process. The limited response did not clarify whether Sturgeon ensured proper procedures were followed, as required by the Ministerial Code.
Sturgeon’s continued retention of Lloyd as Chief of Staff, was inconsistent with the Ministerial Code’s requirement to ensure Special Advisers acted within their Code of Conduct.
caltonjock 