Matheson is urged to quit over latest police claims
Matheson has lost credibility over his handling of the Gormley affair and will have to look to his laurels
Opposition parties have called on Justice Secretary Michael Matheson to resign over fresh claims of government “interference” with Police Scotland.
One of Mr Matheson’s most senior civil servants sought to delay the publication of a report into complaints handling by Police Investigations and Review Commissioner (PIRC) Kate Frame.
E-mails that came to light yesterday showed Don Mcgillivray of the Scottish Government’s Police Division suggested she could hold back publication of the report into the Scottish Police Authority (SPA). This was rejected by the commissioner, who said: “My perception of your remarks is of governmental interference with my independence.”
The development follow weeks of pressure on the Justice Secretary over the leadership crisis at Police Scotland. Chief Constable Phil Gormley is on “special leave” while multiple bullying complaints are investigated. Assistant Chief Constable Bernard Higgins is suspended and facing misconduct inquiries. Former SPA chairman Andrew Flanagan told MSPS last week he felt he had “no choice” but to block the planned return to work of sidelined Mr Gormley after Mr Matheson intervened in the process, contradicting the Justice Secretary’s claims that he had simply raised questions over process.
Tory justice spokesman Liam Kerr said: “These new revelations show that the SNP Government’s meddling in police matters is endemic, both at the SPA and now with the PIRC.
“Michael Matheson’s department has torn up the rule book that is supposed to protect the independence of our police service and as such the Scottish public can no longer have confidence in him. Simply put, the best course of action would be for him to resign.”
Labour’s shadow Justice Secretary Daniel Johnson also said Mr Matheson should go unless he could “justify” the latest actions of the government
He said: “The Justice Secretary has already misled Parliament about his dealings with the SPA, calling into question his position. Now we find his department has tried to interfere with a PIRC investigation as well.
“As Cabinet Secretary for Justice, Michael Matheson must take responsibility for his actions and those of his department. This is just the latest evidence is a series of actions compromising the independence of the bodies that run policing in Scotland.
“It is hard to conceive how Mr Matheson can justify these actions, but Labour will be demanding he comes to Parliament and attempts to, and if he cannot he must resign.”
An email from Mr Mcgillivray to Ms Frame raised concerns over “publication of a report” that deals with areas being looked at by Mr Gormley’s legal team.
Mr Mcgillivray wrote: “I know the new regime at SPA has an open door to improvement around the complaints process and wonder if influencing through that route might carry less risk until the CC issue has moved on a bit, especially if the content of the report crosses over with points his lawyers are raising.”
Scottish Parliament justice committee member George Adam, MSP, said: “This is a ridiculous statement from the Tories, who saw their efforts to undermine Scotland’s justice system backfire badly when they massively lost a debate on Parliament this week on this very issue. The justice and public audit committees are currently looking at all these issues and all the evidence supports the Cabinet Secretary’s actions.”
A Scottish Government spokesman insisted the email exchange was between officials and had no involvement from ministers.
Justice Secretary Michael Matheson has hardly covered himself in glory over his involvement in the case of Scotland’s Chief Constable, Phil Gormley.
The Police Scotland chief – currently suspended over bullying allegations – was due recently to return to work on the say-so of the Scottish Police Authority until Mr Matheson allegedly intervened.
That incident was enough for opposition politicians to raise perfectly legitimate questions about whether the Justice Secretary’s behaviour was appropriate.
A new allegation from the Police Investigations and Review Commissioner, Kate Frame, that an official in the Scottish Government’s Police Division tried to undermine her independence has led those same opposition politicians to now demand Mr Matheson’s resignation. We may not have reached this pass, yet, but it is perfectly clear that the Justice Secretary has damage to repair.
Police Scotland has been rocked by a series of scandals since its establishment in 2013. Public faith in the institution was already shaky before Mr Gormley’s suspension and its subsequent fall-out.
The failure of Government officials to minute meetings at which sensitive matters of staff discipline were discussed has helped create the impression that the line between necessary confidentiality and intolerable secrecy has become very badly blurred, indeed.
While First Minister Nicola Sturgeon may publicly declare her faith in Mr Matheson, she must recognise his credibility has suffered.
A statement from the Scottish Government about the email exchange between Ms Frame and Don Mcgillivray of the Police Division states that ministers had no involvement. That, bluntly, is not good enough. The buck does not stop with a civil servant but with Mr Matheson. He may not have written the email to Ms Frame but it was sent on his watch.
Police Scotland requires a period of stability and it requires it now.
The Justice Secretary must surely realise that he is responsible for doubts that currently exist and, if he does, he must accept that it is down to him to change the damaging perception that he is playing by his own, ever-changing set of rules.
Michael Matheson may not yet have to resign but he’d be advised to quickly start making the case for why he should remain as Justice Secretary.
“The Conductors pledge themselves for impartiality, firmness and independence... Their first desire is to be honest, the second is to be useful... The great requisites for the task are only good sense, courage and industry”
FROM THE PROSPECTUS OF THE SCOTSMAN, 30 NOVEMBER 1816