Minister: I DID block return of police chief
JUSTICE Secretary Michael Matheson yesterday admitted he was forced to intervene over ‘completely unacceptable’ plans to let Chief Constable Phil Gormley return to work despite a bullying probe.
But Mr Matheson denied acting unlawfully by doing so as he came under scathing attack from opposition MSPs.
He argued that he had no choice but to act over the decision by the Scottish Police Authority (SPA).
MSPs claimed the leadership of Police Scotland was an ‘almighty mess’ and that Mr Matheson had ‘presided over a single police force in crisis’.
Mr Gormley was forced to step aside from the country’s top police job in September after senior staff members accused him of bullying.
There are three claims of gross misconduct being investigated by the Police Investigations and Review Commissioner (PIRC).
His absence is reviewed by the SPA every four weeks. But yesterday Mr Matheson admitted to MSPs he had stepped in after learning Mr Gormley was to be allowed back to work – a revelation that has sparked a political outrage.
Despite ordering the supposedly independent SPA to reconsider their decision, Mr Matheson claimed he had not exceeded his authority.
He said that bosses at the crisis-hit watchdog had failed to tell the commissioner conducting the bullying probe, the officers who had lodged complaints and stand-in Chief Constable Iain Livingstone that Mr Gormley would be returning to work the following day.
Mr Matheson’s statement came after lawyers acting for Mr Gormley accused him of making an ‘unlawful’ intervention to prevent the Chief Constable’s return. Their letter to Holyrood’s public audit committee said that the decision should have been made by the SPA, and that Mr Matheson should not have questioned the ‘unanimous’ decision to sign off Mr Gormley’s return.
The Chief Constable had been told he could return to work and was travelling north from his Norfolk home when former SPA chairman Andrew Flanagan told him the decision had been reversed.
This was following a meeting between Mr Flanagan and Mr Matheson who has admitted he told the ex-SPA chair to revisit the decision.
Mr Gormley’s lawyers have threatened court action over the decision, but Mr Matheson insists that the SPA is accountable to him over governance issues.
The Justice Secretary told MSPs that the SPA had met privately on November 7 to agree that Mr Gormley could return to work, and that he was notified of this two days later.
After seeking ‘appropriate’ advice Mr Matheson asked whether ‘due process’ had been followed, but said he was not given a ‘robust’ answer.
He raised fears over the lack of a plan to protect officers and staff who had complained about Mr Gormley.
The SPA had failed to inform officers, the Police Investigations and Review Commissioner or acting Chief Constable Iain Livingstone of the decision.
Mr Matheson said: ‘I took the view that these clear deficiencies in the process were completely unacceptable.
‘I made clear to the former chair that I could not have confidence in a decision that had been reached without such significant issues having been properly addressed.’
Scottish Conservative justice spokesman Liam Kerr said: ‘The fact is the SNP has presided over a single police force in crisis, and people are
‘Deficiencies in the process’
‘People are losing trust’
quickly losing trust in the police authority and ministers’ ability to oversee it.’
Scottish Labour justice spokesman Daniel Johnson said: ‘Michael Matheson’s actions have seriously undermined the confidence the public can have in the independence of the SPA.’
Last night Scottish Government said: ‘The Scottish Government has maintained contact with all of the key parties involved since November 9 – although on a day to day basis this is done by officials.’