Calls are being made for Michael Matheson to be investigated by Holyrood’s standards committee after he was accused of using "a ruse" by making a "bogus" self referral to the Scottish Parliament’s Corporate Body for it to carry out a probe.
Mr Matheson told Holyrood on November 16 that he would refer himself to the parliament's corporate body, which is chaired by presiding officer Alison Johnstone, for it to investigate his conduct in relation to a £11,000 roaming charge bill he incurred on holiday in Morocco.
But last night a spokesman for the Scottish Parliament said “there is no mechanism for the member to self-refer in this way" with Holyrood due to meet again tomorrow to see how it will proceed.
READ MORE: SNP minister runs up £11,000 bill for using Holyrood iPad in Morocco
In an emotional statement to MSPs last Thursday the health secretary apologised for running up a £11,000 roaming charges bill on his parliamentary iPad while on holiday in Morocco after failing to change the Sim card on the device.
He had originally insisted the iPad had only been used for parliamentary and constituency business and later agreed to reimburse parliament for the costs, before admitting last Thursday that his teenage sons had used it as a hot spot to watch football matches.
Parliament’s rule books allows the standards committee to investigate a possible breach of MSPs' code of conduct.
Scottish Conservative leader Douglas Ross said today this is the means by which the health secretary can be investigated over the £11,000 roaming charges bill he racked up on his parliament-issued iPad and originally charged to the taxpayer.
READ MORE: Matheson's failure to apologise does neither himself nor SNP any favours
Mr Ross, who will table a no-confidence motion in Mr Matheson if he continues to be supported by the First Minister, also accused the health secretary of “insulting people’s intelligence” by claiming, in an STV interview yesterday, that he had not misled anyone during the scandal.
Mr Ross said: “I think it’s imperative that the standards committee investigate Michael Matheson’s actions for a possible breach of the MSP code of conduct.
“He was further humiliated yesterday when the Scottish Parliament’s corporate body ruled his self-referral to them was botched and bogus. That mechanism doesn’t exist – and it now looks like it was a ruse from the health secretary in his personal statement.
“Separately, the Scottish Conservatives will also be tabling a motion of no confidence in him. Michael Matheson’s position is untenable – he has repeatedly lied and attempted to cover-up throughout this affair.
READ MORE: Michael Matheson blames teenage sons for £11k data roaming bill
“His absurd claim that he hasn’t misled the public is an insult to people’s intelligence, given – by the timeline he mapped out in his personal statement – he admitted doing just that.”
Scottish Labour Deputy Leader Jackie Baillie said: “Michael Matheson’s referral to the SPCB appears to have been gesture politics at its worst. This is simply a pathetic attempt by the SNP to shift the focus on to the parliament.
“The evidence of a cover-up by Michael Matheson is plain for all to see, but somehow he is still attempting to deny any wrongdoing when he has clearly lied to the public.
“We are far from the bottom of this sorry saga. We need a full probe from the standards committee or the Standards Commissioner so that the public have the chance to get the answers they deserve.”
The Scottish Parliament standing orders state the standards, procedures and public appointments committee can decide whether a member’s actions are in accordance with the Code of Conduct.
Rule 6.4.1 reads: ‘There shall be a committee, the remit of which is to consider and report on the following… (b) whether a member’s conduct is in accordance with these rules and any code of conduct for members, matters relating to members interests, and any other matters relating to the conduct of members in carrying out their Parliamentary duties’. (Scottish Parliament Standing Orders, 4 May 2023).
READ MORE: Matheson iPad scandal: it was not supposed to be this way
Mr Matheson has insisted that he did not lie to journalists about his £11,000 data roaming bill.
The Health Secretary was asked directly by STV on Tuesday if he had “at any point misled anyone about what has gone on here.”
He replied: “No.”
However, last week in his personal statement to the Parliament, Mr Matheson told MSPs he learned about his children’s use of his parliamentary iPad on 9 November.
But on 13 November, when asked directly if there was "any personal use" of the device during the family holiday, he told reporters: "No”.
When asked if anyone else could have used the device, he, again, said, "No".
On Tuesday, the minister told STV: “I have sought to be very clear that my use of that parliamentary device was only for parliamentary purposes when I was using it.
"But I wasn't aware, obviously data was being used by other family members, as soon as I became aware of that, I took action in order to address that question.
"There are those who question why did I not disclose that information earlier last week, and the reason I didn't do that was because I was genuinely trying to protect my children from getting involved in something that had significant parliamentary, political, and media interest."
Mr Ross described this as “another outrageous lie that totally undermines last week’s apology.”
“By the timeline he himself set out in his personal statement, it’s clear he lied last Monday. He insisted in interviews then that there was no personal use of his iPad, despite his sons having admitted the previous Thursday that they watched football on it.
“The health secretary has attempted to cover up his actions at every stage of this scandal – the fibs are just becoming more absurd and obvious.
“Michael Matheson is utterly discredited and must be sacked now by Humza Yousaf, who is being made to look a fool for standing by his friend.”
An SNP spokesman said: "Mr Matheson has been clear that he will cooperate fully with any investigation into this matter."
A spokesman for the Scottish Parliament said: “The SPCB will meet again on Thursday and will issue a further statement at that point.”
Meanwhile, the Justice Secretary has said she has confidence in her cabinet colleague.
Angela Constance said that Mr Matheson has apologised unreservedly and now continues to focus on his job as health secretary as the country prepares for the winter months.
Speaking after opening a forensic services laboratory in Glasgow on Wednesday, Ms Constance told the PA news agency: “I do have confidence in Michael Matheson.
“Michael Matheson has made a very public and full statement, he has apologised unreservedly, he has paid the £11,000 that was incurred as a result of roaming charges and he himself acknowledges that things could have been handled better, but I think he is doing what needs to be done.
“A very full, and frank clearly very painful statement for him that he made in parliament when standing orders were suspended and he answered questions from members, but he continues to focus on his job as Health Secretary particularly as we prepare for the winter months.”
The data charges amounted to a total of £10,935.74.
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