AN ethics probe into Nicola Sturgeon has been put on hold in case it prejudices the criminal proceedings against Alex Salmond.
Deputy First Minister John Swinney said the inquiry would “not be progressed at this stage” given the legal action.
The First Minister had referred herself to an outside watchdog after claims she broke the ministerial code by having secret meetings with Mr Salmond last year.
At the time, he was under investigation by government officials over alleged misconduct.
However the independent adviser on the ministerial code, former Irish prosecutor James Hamilton, advised there was a “potential risk of prejudice” in going ahead.
Mr Salmond appeared in court last week charged with two counts of attempted rape, nine sexual assaults, two indecent assaults and a breach of the peace.
Read more: List of all the Crown charges against former First Minister Alex Salmond
He vigorously denies any criminality.
Earlier this month, Mr Salmond won a judicial review against the Scottish Government over the way it investigated two complaints of sexual misconduct.
Ministers were forced to admit the process had been flawed, unfair and tainted with apparent bias, a failure that left taxpayers with a £500,000 legal bill.
Ms Sturgeon subsequently told MSPs she had three meetings and two phone calls with Mr Salmond during the government probe.
She did not tell the government’s top official about the contact for two months - a decision her opponents claim was a breach of the ministerial code.
Ms Sturgeon last week refused to say if she had spoken to the police in connection with the separate criminal case.
Read more: Mark Smith: Could the arrest of Alex Salmond actually be good for the SNP?
In a government-inspired written answer, Mr Swinney said: “The Scottish Government is committed to carrying out a review of the application of its procedure for handling complaints about Ministers or former Ministers.
“The review will be externally led and will examine the first application of the procedure to ensure that lessons are applied for any future complaints that are brought forward.
However, the Scottish Government does not wish to undertake any activity which may unintentionally prejudice live criminal proceedings, adversely impact the rights of anyone involved in the proceedings or affect the formal criminal process which is now under way.
“As a result, this review of its procedure for handling complaints about Ministers or former Ministers will not be progressed at this stage.
Read more: Nicola Sturgeon: Alex Salmond charges will not damage case for independence
The First Minister’s self-referral under the Ministerial Code has been discussed with James Hamilton, the Independent Adviser on the Code.
“Mr Hamilton has concluded that there is a potential risk of prejudice if the First Minister’s self-referral under the Ministerial Code were to proceed at the present time.
“It has therefore been agreed that the inquiry under the Ministerial Code should also be deferred while criminal investigations are active.
“Both the Scottish Government review and consideration under the Ministerial Code will recommence once criminal proceedings are no longer active and the risk of prejudice has been removed.”
Labour MSP Pauline McNeill said: “While it is understandable that the start of the investigation will be paused until the criminal case is resolved, it is deeply regrettable that the SNP government has attempted to bury this news on the day of the Budget."
MSPs have also decided to hold an inquiry into the collapse of the government investigation into Mr Salmond and Ms Sturgeon's actions.
That too is expected to be mothballed pending the criminal proceedings.
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