1. Questions to the First Minister – in the Senedd on 5 December 2017.
1. Will the First Minister confirm the process for addressing complaints regarding the First Minister's adherence to the ministerial code? OAQ51393
Yes. Any complaints regarding adherence to the ministerial code should be submitted to me as First Minister.
As you will be aware from our exchange, First Minister, last week, I hope to provide evidence to the independent investigator looking at the allegations of bullying in the Welsh Government. What assurances can you provide to this Assembly, Carl Sargeant's family and others that any AM with information will be able to contribute without fear of reprisals and that the collective responsibility, which usually binds members of the Welsh Government, will be waived for the purposes of all the investigations that you have announced?
Well, all Members can provide such evidence as they think they have. It's a matter ultimately, of course, for the adviser to decide how the process is then taken forward.
Section 2.9 of the ministerial code states that responsibility for special advisers rests with the First Minister and the First Minister alone, and that's been reflected in the First Minister's entry in the list of ministerial responsibilities, where there's an explicit reference to special advisers. That has been the case up until the amended version of ministerial responsibilities, which now under the First Minister's entry omits that reference to special advisers. Why is that, First Minister? Are you trying to conceal or evade your responsibilities?
No, of course not. That's nonsense. It's to do with the situation of senior civil servants. I'm not responsible for senior civil servants or any other part of—. Sorry, it's not senior civil servants; it's those who are not senior civil servants. I'm not responsible for the civil service. I appoint special advisers. The line manager of special advisers is somebody different in terms of their pay and conditions, but I appoint them and that will remain the case in the future.
First Minister, you've finally referred yourself for investigation under the ministerial code. I've been asking you to do so for months, on three separate occasions when I believe you've misled this Senedd. You've either ignored the calls or just smeared me instead. Now, the ministerial code is clear: if you knowingly mislead the Assembly, you will be expected to tender your resignation. If you are found to have misled this Assembly, will you resign? And will you now refer yourself for investigation under the ministerial code on the other matters that I've raised previously?
No, because all the Member raises is frivolous nonsense, as well he knows, and without any basis in fact at all. The adviser is there. I have said that I will refer myself to the adviser in terms of a suggested breach of the ministerial code and that's exactly what will happen.