A DISCOURAGING SHAMBLES
THE Scottish Government’s botched handling of the investigation into Alex Salmond will discourage sexual harassment victims from coming forward, experts and opposition politicians warned last night.
Campaigners said the message sent out by the bungling of the high-profile probe could make women who had suffered abuse think twice about lodging complaints over their treatment.
The Record told last year how two women had made complaints of sexual misconduct against Salmond dating back to his time as first minister.
But the findings of the Scottish Government investigation into the allegations were struck down in court yesterday after they admitted their own guidelines had been breached by the appointment of an investigating officer with “prior involvement” in the case.
At a hearing in Edinburgh, Lord Pentland said the Scottish Government’s actions were “unlawful in the respect that they were procedurally unfair and that they were tainted with apparent bias”.
The court ruling made no judgment about the veracity of the complaints and solely focused on the processes followed by the Scottish civil service.
A police investigation into the women’s complaints is continuing and is unaffected by the ruling.
But the fallout of the bombshell court findings sent shockwaves through the Scottish Government and sparked concerns about the wider message to Scottish society.
Scottish Government Permanent Secretary Leslie Evans yesterday apologised for the “distress” the astonishing blunder will have caused the women involved. Rape Crisis Scotland chief executive Sandy Brindley said it was
important to remember
the court proceedings had no impact on the truth of the complaints.
And she warned the repercussions of the court proceedings would put off women who had experienced harassment from coming forward.
She said: “Today’s ruling on the Alex Salmond case is purely about process, it tells us nothing about the veracity of the sexual harassment allegations.
“Proper policies and processes around sexual harassment are crucial, but so too are public conversations on this issue.
“What we know for certain is that the media circus around this case will put other women off coming forward.
“Amongst all the noise around today’s ruling, let’s not forget the women who have made allegations serious enough to warrant a police investigation.”
Scottish Women’s Aid chief executive Marsha Scott added: “It seems to us that most of the worst fears and anxieties that survivors have about reporting their experience are being played out on a national stage.
“Robust processes and procedures are important and should be followed.
“However, it is dangerous to claim vindication and cast doubt on the allegations made by women as a result of this judicial review when the two matters are clearly separate. “Anyone thinking
about weighing in should remember that survivors everywhere are watching.”
Nicola Sturgeon last night apologised to the two women for the Government’s failures.
The First Minister said: “I know the Permanent Secretary has spoken directly to both women and I can only imagine how difficult the decision to raise concerns, as well as the publicity around this investigation and the judicial review, must have been for them in recent months.
“They had the right to expect the process to reach a lasting conclusion and I am sorry that on this occasion that has not been the case.
“It is fair to say that in recent months all organisations have grappled with the challenge of ensuring fair and robust processes for the investigation of complaints which can often be historic in nature.”
Meanwhile, a top union boss called on the Scottish Government to reopen the investigation into Salmond.
FDA general secretary Dave Penman, who represents civil servants, described the decision to set aside the investigation into Salmond as “hugely regrettable”.
He added: “The women who have come forward in this case deserve to have their complaints investigated fairly and a conclusion reached.
“This decision relates to a procedural flaw in how the investigation was conducted. It does not challenge the process itself or make judgment on the substance of the case.
“Subject to the wishes of the complainants, we would call on the Scottish Government to re-investigate the complaints at the most appropriate time.”
Meanwhile, Scottish
Labour warned of a “potential loss of faith in the system” and the Scottish Conservatives agreed that women could be discouraged from coming forward in future.
Labour’s equalities spokeswoman Pauline McNeill said: “The Scottish Government must take steps to ensure this could never happen again.
“Investigations into alleged sexual assault should not fall down on the basis of improper procedure. We are very concerned about the impact this ruling could have on any woman considering whether to pursue a complaint in future and any potential loss of faith in the system.
“We must not forget that this case is fundamentally about women and the bravery it takes to come forward to challenge powerful men and powerful institutions.”
McNeill said Salmond should “refrain from claiming victory when the other investigations are still ongoing”, including police inquiries into the complaints.
The Tories’ equalities spokeswoman Annie Wells said: “At the centre of this entire affair are two women whose complaints against the former first minister have now fallen apart thanks to the incompetence of the Scottish Government. It’s a complete shambles.
“The Permanent Secretary has apologised for her role in this fiasco. But it is Nicola Sturgeon who must take responsibility.
“Her Government have presided over a mess which only risks discouraging women from coming forward in future. It is a disgrace.”
Evans has said an internal review will be held into the handling of the complaints
process.