SALMOND SEX PROBE SHAMBLES
Sturgeon left humiliated by ex-leader’s court victory Taxpayers landed with bill of £500,000 for SNP ‘civil war’
NICOLA Sturgeon and her top civil servant were humiliated yesterday after the Scottish Government probe into sex claims against Alex Salmond was branded unlawful.
The First Minister and Permanent Secretary Leslie
Evans issued public apologies after the Scottish Government dropped its defence against his legal action.
It admitted its investigation into allegations of misconduct had been ‘unfair’ – landing taxpayers with a £500,000 bill.
Miss Sturgeon’s relations with her predecessor hit rock bottom as she defiantly claimed it was ‘not a victory for anybody’ and pointed out that the police investigation into Mr Salmond’s conduct continues.
Last year, the former first minister launched a judicial review into how the Scottish Government probed allegations that he had acted inappropriately with two women. Speaking outside the Court of Session after yesterday’s
hearing, he said he felt vindicated by the ‘abject surrender’ of the Government.
Meanwhile, in a dramatic day of developments:
The Scottish Government accepted ‘institutional’ responsibility after admitting that the official who headed the investigation had spoken to the women involved about their concerns prior to a formal complaint.
Mr Salmond estimated the Scottish Government’s costs will be at least half a million pounds after it was ordered to pay his legal fees.
Miss Sturgeon admitted that she spoke to Mr Salmond five times while the investigation took place – and confirmed that he personally raised concerns with her about the process.
Permanent Secretary Mrs Evans rejected Mr Salmond’s calls for her to quit.
The former SNP leader claimed he could still seek to return to the party in the future, amid further signs that the issue has divided senior Nationalists.
Mr Salmond also hinted he could seek compensation from the Scottish Government over the way his case had been handled. He added: ‘There are clear and obvious legal options open that I’ve got to discuss with my legal team.’
The Scottish Government first announced in August that it had concluded a probe into two complaints it received in January 2018 about Mr Salmond’s conduct while he was first minister.
The former MP launched a legal action against the Government he used to lead over the way the investigation was carried out.
Yesterday, the Court of Session heard that a senior human resources official had discussed the concerns about Mr Salmond’s conduct before a formal complaint was submitted.
She was then appointed to lead the investigation, despite the Government’s own policy stating that an employee with no previous knowledge about the case should conduct the probe.
A joint minute signed by legal representatives of the Scottish Government and Mr Salmond stated that the decision was ‘unlawful in respect that it was taken in circumstances which were procedurally unfair and in respect that it was tainted by apparent bias’.
At the Court of Session yesterday, one week before a four-day hearing was due to get under way, the Scottish Government’s counsel, Roddy Dunlop, QC, confirmed it accepted there was a ‘failure’ in relation to one aspect of the investigation.
He said the official involved was a ‘dedicated HR professional’ who acted in ‘good faith’ and that there was ‘institutional responsibility’ for the failure.’
Mr Salmond’s legal representative, Ronnie Clancy, QC, said there had been direct contact between the official and the women over the substance of the complaints.
He said that this was a ‘significant degree of assistance’ which was ‘bordering on encouragement to them to proceed with formal complaints’. Mr Dunlop said the Government did not accept that the official had been assisting the complainers or encouraging them to make complaints and insisted that the women were ‘credible and reliable’ witnesses.
He added: ‘It is the only part of the petition which is conceded.’ Lord Pentland also ruled that the Scottish Government’s actions were ‘unlawful’ because of the ‘apparent bias’.
Outside court, Mr Salmond called for Mrs Evans to quit and said the probe had been ‘illegal’. He said: ‘I’m obviously glad, delighted, by the result today. The Government has made an abject surrender in terms of the case.
‘Because the process has been agreed as unlawful, as unfair and tainted by apparent bias, then the Scottish Government have had to concede on the case and the expenses to the maximum extent.
‘That is going to raise a cost to the public purse of many, many hundreds of thousands of pounds.’
Miss Sturgeon said that the outcome of the Court of Session case had ‘no implications’ on the substance of the complaints or the credibility of the complainants.
She added: ‘I do regret so deeply what has unfolded today... this is not a victory for anybody. This has no implication one way or the other for the substance of the complaint. It is important for all of us to recognise that there is a police investigation under way and it is incumbent on all of us to ensure that we don’t say anything that may impact on that investigation.’
Tory MSP Annie Wells called the matter ‘a complete shambles’.
She added: ‘The Permanent Secretary has apologised for her role in this fiasco. But it is Nicola Sturgeon who must take responsibility. These procedures were set up at her behest last year. She backed the conduct of the probe. She promised the Scottish Government would defend its position vigorously. Instead, her Government has presided over a mess.
‘It appears the SNP has decided to carry out a civil war on the taxpayers’ time and expense. Half-amillion pounds which could have been spent fixing our schools or supporting the NHS has instead been thrown away.’
I’m obviously glad, delighted, by the result today. The Government has made an abject surrender in terms of the case Alex Salmond
The decisions... are unlawful in respect that they were procedurally unfair and that they were tainted by Pentland’ apparent bias Lord ‘A complete shambles’
This is not a victory for anybody. This has no implication one way or the other for the substance of the complaint Nicola Sturgeon