Police examining criminal complaint over £250million SNP ferries scandal
EXCLUSIVE: Blow for Sturgeon as officers confirm probe request... by former SNP deputy leader
POLICE have been asked to investigate the loss of documents concerning the CalMac ferries fiasco in a formal complaint from a former deputy leader of the SNP.
Jim Sillars has asked the Chief Constable to order a full inquiry into alleged ‘misconduct in public office’.
He wants officers to find out why a key document explaining the reasons for awarding the Ferguson shipyard a lucrative contract to build two CalMac ferries is missing, and who is responsible.
Mr Sillars has received support from at least one senior figure within the SNP over the complaint.
Former Labour First Minister Jack McConnell has also been asked to give his backing after previously raising concerns that a crime may have been committed.
It opens up the prospect of Nicola Sturgeon and other senior ministers and officials, including shamed former finance secretary Derek Mackay, having to answer questions from officers.
The missing document could shed new light on why ministers made the 2015 decision to award the contract to the Port Glasgow yard, which was owned by Yes Scotland backer Jim McColl, despite its own quango raising concerns about the risks involved of not having a full refund guarantee.
The cost of the project has rocketed by £140million and it has been delayed by five years after a long-running dispute between the Scottish Government’s ferries quango and Mr McColl’s firm, which led to it plunging into administration and the nationalisation of the yard.
Legal experts also said the documents going missing could be a contravention of the Public Records (Scotland) Act 2011, which imposes mandatory duties on the Scottish Government to ensure that their public records are managed properly.
Mr Sillars said: ‘Like most people who value probity and effectiveness in governance, I have watched appalled as the CalMac ferries fiasco has unfolded, a fiasco compounded by missing documents that would, if available, hold those responsible to account.
‘I have also watched MSPs and MPs demand a public inquiry which all knew the Scottish Government would not concede.
‘They get high marks for political point scoring, but the public, that is the people who have paid the extortionate bills, are still in the dark; and the West Coast communities who have suffered economic and social disruption have no one whom they can identify to seek recompense from.’
In his complaint, sent to Chief Constable Iain Livingstone, he asked for an investigation into ‘possible criminal actions taken by individuals in the Scottish Government administration’ over the missing documents.
He said this may constitute ‘misconduct in public office’, where an office holder breaches their duties, and highlights the Public Finance and Accountability (Scotland) Act 2000, the Freedom of Information (Scotland) Act 2002 and the Public Records (Scotland) Act 2011, which he says places on the Scottish Government a statutory duty to implement a records management plan and ensure all records of government decisions are safely stored.
Mr Sillars said: ‘There are three Acts of the Scottish parliament which place a solemn duty on accountable officials and ministers to minute key decisions, and to safely store the documents recording who was there, the subject matter, and the decisions taken. It is inconceivable that was not done by a professional civil service and ministers with long service in government. Indeed the First Minister confirms that there was a written record taken.
‘Where are the documents? Who was responsible for placing them in the records? Who failed to do so? Did they fail to do so? Were they destroyed?
‘Why, among all the documents relevant to this fiasco are these ones, the key ones about who made the contract decision, not to be found?
‘These are the questions that should fall now to the police to find the answers, given that in Scots common law the crime of misconduct in public office is there to protect the public interest when those in a public administration fail disastrously to fulfil their duties.’
Legal insiders believe it is not credible that important legal documents could have disappeared.
Tory MSP Donald Cameron, a former advocate, said: ‘The SNP’s excuses here get flimsier and flimsier. The Scottish Government has a strict policy about document retention, which makes it compulsory for all emails and documents regarding transactions to be kept or archived. If that wasn’t done here, then it would appear the SNP Government are in breach of their own policy on record-keeping, and possibly in contravention of the Public Records (Scotland) Act 2011, which imposes legal duties on the Scottish Government to ensure that their public records are managed properly.
‘People just aren’t buying the Scottish Government’s version of events for the simple reason that, ‘Have received correspondence’ in life and in business, people keep hold of important documents.’
Lord McConnell said last month that the Freedom of Information Act ‘included clauses to make the destruction or removal of official documents a crime’ and said he hoped Police Scotland would be asked to investigate.
A Scottish Government spokesman said: ‘This would be a matter for Police Scotland to consider.’
A spokesman for Police Scotland said last night: ‘We have received correspondence which will be responded to in due course.’
THE SNP suffered mixed results in Scotland’s islands amid the ferries fiasco.
Independents retained control of the Western Isles, while the SNP failed to increase on the six councillors it got elected in 2017.
It did remain the largest party in North Ayrshire, the council area which includes the island of Arran.
But it lost out to the Tories on Arran itself, where islanders are still waiting on the new Glen Sannox ferry which is being built at the Ferguson shipyard and is now five years behind schedule.
Tory Timothy Billings was the only candidate elected on Arran, after finishing 163 votes ahead of the SNP’s Steve Garraway.
Labour also remained the biggest party on Inverclyde Council, the local authority which includes the Ferguson shipyard, with nine councillors, while the SNP trailed on eight.
The SNP remained the largest party in Argyll & Bute, after winning 12 seats, up one on 2017, while the Tories were second on ten. The Tories enjoyed their best result in some of the North East heartlands, where they have highlighted the SNP’s controversial opposition to new oil and gas fields.
In Aberdeenshire, the number of Tory councillors increased by three to 26, while the SNP was unchanged on 21.
The Tories were also the largest party in Moray after securing 11 seats, up three on 2017, while the SNP declined by one, to eight.
Despite the row over the North Sea industry, the SNP remained the largest party in Aberdeen, with 20 seats – up one on the last election. Labour gained two seats, to 11, while the Tories fell by three, to eight. Meanwhile, the SNP’s Susan Thomson and Frances Murray have been elected the Western Isles’ first female councillors since 2012. The islands had been seeking greater female representation, although six other women candidates were unsuccessful.
In 2017, for the first time in its history, no women were elected to the Western Isles. The Highland Council elections have seen Inverness getting its first Green councillor. Ryan MacIntosh was elected for the Scottish Green Party in Inverness West, as the party gained 15 seats across the country.