Two women were failed and I deeply regret that
Sturgeon apologises for probe, admits mistakes were made and says there is learning to be done
A PROBE into harassment complaints made against Alex Salmond foundered after ‘catastrophic’ errors were made by the Scottish Government, Nicola Sturgeon admitted yesterday.
The First Minister said she had a ‘profound concern’ that the affair would prevent people from reporting similar claims in the future.
She apologised to the two women who made complaints against Mr Salmond over her government’s mistakes.
Miss Sturgeon also apologised to the public over the botched probe, which cost more than £500,000 of taxpayers’ money before the Government was forced to concede.
The SNP leader was appearing before Holyrood’s inquiry into the Government’s handling of harassment complaints yesterday, in a session that lasted more than eight hours.
An internal probe was triggered in 2018 when two women made harassment allegations against Mr Salmond, under a new procedure which allowed complaints to be raised against former ministers. However,
‘It was catastrophic – it led to concession’
Mr Salmond had the exercise set aside after successfully challenging the process in court – which found that the investigation had been unlawful and tainted by apparent bias.
The Scottish Government conceded a judicial review in January 2019 – just days before it was due to be heard in court.
This was after officials identified an error in the handling of the complaints, with the investigating officer Judith MacKinnon having had previous contact with the women. Quizzed on the issue yesterday, Miss Sturgeon said: ‘That was catastrophic and that’s what led to the ultimate concession.’
But she said it was ‘absolutely right’ the Scottish Government investigated the complaints, saying an ‘individual’s profile, status or connections should not result in complaints of this nature being ignored or swept under the carpet’.
Miss Sturgeon added: ‘Two women were failed and taxpayers’ money was lost, I deeply regret that.’ She added: ‘Although I was not aware of the error at the time, I am the head of the Scottish Government so I want to take this opportunity to say sorry to the two women involved and to the wider public.’
Miss Sturgeon accepted the civil service had made ‘mistakes’ in how the complaints were dealt with, but that it had operated ‘properly and impartially at all times’.
She said: ‘There have been mistakes made in this, and I think there is a lot of learning to be done. I would put it to people when it is seen in terms of what actually happened this is an example of the institutions of the country, the independent institutions of the country, doing their job.
‘Out of this comes the message no matter how powerful you are or were, no matter your status or connections, if you are accused of serious offences they will be investigated and you will have the chance to defend yourself in court. That is how these things should work. Mistakes have been made by government, that is undeniable.
‘But the idea that because somebody doesn’t like what happened over the past couple of years we allow this attack to be made on the very fundamentals of democracy, I just find deeply distressing, deeply unfair and, actually, whatever you think about me, the SNP, the Scottish Government, I think deeply injurious to the health and wellbeing of our democracy.’
Despite discovering the flaw in October, the Government did not concede the judicial review for several months.
The Scottish Government’s advice during the legal battle was published this week after MSPs threatened a vote of no confidence against Deputy First Minister John Swinney – who could have been
forced out of his job over the row. The newly published documents show that on October 31, 2018 outside lawyers described the issue as ‘extremely concerning’.
And by December 6 they had advised ministers that the ‘least worst’ option would be to ‘concede the petition’.
Miss Sturgeon has faced allegations she breached the ministerial code by allowing the Government’s defence of the judicial review to proceed – ignoring legal advice.
Mr Salmond has claimed that an attempt was made to ‘sist’ or delay the legal process so it would be overtaken by his criminal trial.
But Miss Sturgeon said: ‘The charge that has been made against me is that I wilfully allowed a judicial review to proceed against the legal advice, therefore I broke the ministerial code.
‘With respect, as you now know, I was acting in accordance with the views of the law officers, not against. We thought we had a stateable case, counsel was not arguing at that stage – that changed later – we thought we had credible arguments to make, and we were also taking account of that wider interest in getting a determi
‘A court and a jury did its job’
nation on the many grounds of challenge that Alex Salmond had made to both the procedure and its application.’
Miss Sturgeon told the committee that she knew ‘what version of this Alex Salmond wants people to believe, and I know why’.
And she added: ‘What happened here with Alex Salmond is no different to what would have happened with any individual.
‘People came forward with complaints, first to the Scottish Government, then to the police. They did so of their own free will.
‘The police investigated those independently, as they would have done regardless of who these complaints had been about. The Crown Office, as it does every day, assesses the evidence and decided there was a case to answer. And then a court and a jury did its job.’