Bullying and harassment complaints made by civil servants against Scottish ministers are to be brought into the open under a new regime announced by Humza Yousaf.

The First Minister said the more transparent system would require “tough decisions”, but was “vital” to good governance and he would “lead by example”. 

Mr Yousaf today published a revised edition of the Scottish Ministerial Code - the first since 2018 - which includes new sections on handling complaints against ministers. 

Until now, complaints have been investigated in secret and the outcomes unknown, with the Government citing privacy and data protection issues for keeping them under wraps.

The outcome of a bullying probe into former cabinet secretary Fergus Ewing, for example, remain secret.

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The new Code makes it clear that all current and future ministers must “cooperate and engage fully and promptly with any complaint process”, formal or informal, regardless of when the alleged misconduct is said to have occurred. 

“For the avoidance of doubt, this obligation to cooperate will continue to apply to a Minister after they have left office,” it adds, meaning a person demitting office will not be able to avoid a probe.

In addition, the Code says the Scottish Government “will publish information about concluded formal complaints about a Minister’s behaviour, including the name of the Minister”, but nothing which could lead to the identification of any complainer or witness.

It is unclear just how much information would be published.

The new Code also forces potential ministers to disclose past misconduct.

It states: “Before seeking approval for their appointment as a Minister the First Minister must first establish whether that person has been the subject of an upheld or partially upheld complaint, including any informal process or with any formal process against them under a relevant Scottish Government procedure or process.

“It is a condition of appointment that a prospective Minister must provide a full and honest account to the First Minister about any relevant matters.”

Under the equivalent UK code, ministers have long been obliged to declare a wide range of interests and possible family and business conflicts for publication. 

However, while the same information has been supplied by Scottish ministers to civil servants, it has never been proactively published.

It was only in March this year that a secret ministerial register was made public as a result of a freedom of information request by the Herald.

It showed culture secretary Angus Robertson has to delegate key decisions about arts funding because so many beneficiaries are linked to his Edinburgh Central constituency.

It also showed Green minister Patrick Harvie has an historic conviction for breach of the peace for taking part in a “non-violent direct action protest”. 

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The new Code says this material - which is more detailed than Holyrood’s register of MSP interests - will now be published on the Scottish Government website.

“The published lists of Ministers' interests will be reviewed and, where necessary, updated on an annual basis," it says.

For the first time, the Code also contains a reference to ministers taking maternity leave, which remains at the discretion of the First Minister.

It states: “Ministers may take extended absence from Government for maternity, shared parental, paternity or adoption leave. 

“The First Minister will agree the terms of such leave and take any steps necessary to arrange for the discharge of that Minister’s responsibilities for the period in question.” 

The joint government deal between the SNP and Greens also gets a mention, with a ban on ministers criticising the Government's legal position even on matters outside the Bute House Agreement.

"The requirements not to criticise the Government’s legal position in legal proceedings, or to divulge the source or content of legal advice, continue to apply in respect of matters which may be excluded from collective responsibility for the purposes of any cooperation agreement with the Government."

Mr Yousaf said: “This new edition of the Ministerial Code sets the highest standards of propriety and transparency for Government Ministers. All Scottish Ministers, including myself, are bound by its terms and are committed to uphold the Principles of Public life, ensuring integrity, accountability and honesty at every level of leadership.

“Scottish Ministers are committed to building a better future for the people of Scotland while facing the profound challenges of our time. 

“This will mean taking some tough decisions to ensure that we support those in greatest need, and it is vital that we are guided in this mission by a clear set of principles.

“I will lead by example in adhering to this Code and knowing it is an incredible privilege to serve the people of Scotland. I know that Ministers will do likewise.”

Scottish Conservative chief whip Alexander Burnett MSP said: “This update will mean little if the SNP government don’t have any intention of enforcing it when it needs to be.

“The public is sick and tired of the culture of spin and secrecy at the heart of the SNP and will want ministers to be held to the highest standards at all times.

“Eyebrows will also be raised at the SNP first minister trying to ‘green-proof’ the ministerial code by stating Green ministers cannot criticise government legal positions even on matters that are excluded from the Bute House Agreement.

“This new code must herald a culture change at the heart of the SNP government, which promised to be the most open government ever.”