John Swinney has doubled down on his controversial claim that Scots pensions are at risk from the removal of the triple lock – and said his independent advisers on the ministerial code concluded there was ‘nothing to investigate’.

The First Minister has faced heavy criticism for claiming in the Scottish Parliament that people in Scotland would ‘lose our pensions’ as a result of the reforms unveiled by Prime Minister Andy Burnham, amid accusations he was deliberately trying to mislead the public.

But he yesterday announced that his independent advisers on the ministerial code have decided against launching an investigation into his comments and that he considers the issue closed.

Scottish Conservative leader Russell Findlay said: ‘John Swinney misled Parliament and he knows it.

‘He should set the record straight instead of crowing that he has supposedly not breached the ministerial code.

‘John Swinney resorted to scaremongering by telling Scots they’ll lose their pensions. He knows this is untrue but refuses to correct the record.

‘The harsh reality is that he has never once explained how pensions would be paid if he ever achieved his plans to separate Scotland from the rest of the United Kingdom.’

John Swinney has been accused of misleading parliament after making controversial claims about Scottish pensions

Mr Swinney’s original comments came during First Minister’s Questions earlier this month when he said that commitments were given during the 2014 independence referendum that pensions were ‘safe’ with the United Kingdom but they are now ‘under attack’ from a Westminster Labour government.

He said: ‘It demonstrates that what the people of Scotland were told in 2014 was a lot of absolute rubbish.

‘We have been taken out of the European Union, we are now going to lose our pensions. Scotland needs to have independence.’

But critics accused him of peddling misinformation or disinformation because the removal of the pension triple lock will mean payments won’t grow as much as previously planned but that nobody’s pension is at risk.

In a letter sent to Mr Findlay yesterday in response to his previous letter raising concerns, Mr Swinney said: ‘Further to my letter of 5 October, I can advise that my Advisers have now considered the matter in full, and concluded that there is nothing to investigate.

‘As I have stated, I am satisfied that there has been no breach of the ministerial code, and therefore consider this issue closed.’

The Scottish Government yesterday refused to publish the full conclusions of the First Minister’s independent advisers because they do not comment on recommendations to third parties ‘as a matter of propriety’.

In a separate letter to Presiding Officer Kenneth Gibson, Mr Swinney said he had said in previous exchanges that the removal of the pension triple lock would have a financial impact of £2,000 a year in real terms on average by 2050 and refused to correct the official report, saying that ‘I now consider this matter closed’.

Put to him by Press Association that pensions remain safe, the First Minister said: ‘Scottish pensioners are going to lose out as a consequence of the abolition of the triple lock, and that’s the blunt point that I’m making.

‘I know that is very, very uncomfortable for some of my political rivals to come to terms with, but that’s the reality of what’s going to happen.’

Asked if an independent Scotland would retain the policy, the First Minister said: ‘I’m committed to the triple lock and I’m committed to being the first prime minister of an independent Scotland, and I relish the challenges of delivering on those commitments.’

The First Minister stopped short of saying the triple lock would feature in the written constitution of an independent Scotland, but added: ‘People should be in no doubt that I’m committed to the triple lock.’

Scottish Labour parliamentary business spokesman Claire Baker said: ‘Despite repeatedly being told his claims are false, John Swinney has chosen to double down to try and mislead and scare people.

‘Independent experts like the IFS have already called this out, but the First Minister ploughs on regardless. It’s beneath him and his office.

‘John Swinney is choosing to put party ahead of country, playing to his base and feeding into a narrative of grievance rather than seeking to work with other parties constructively. 

‘The people of Scotland deserve honesty from their politicians – not deceit and sleight of hand from the First Minister.’