The Scotsman

Minister right to step in over chief ’s return, says SPA head

- By CHRIS MARSHALL

Michael Matheson’s decision to block the return to work of Police Scotland’s suspended chief constable has won backing from the same organisati­on he helped overrule.

Susan Deacon – the new chair of the Scottish Police Authority – threw her support behind the justice secretary’s interventi­on.

She said the process that led to her predecesso­r Andrew Flanagan agreeing to allow Phil Gormley to resume his duties had been “wanting in many, many ways”.

Mr Gormley is the subject of four misconduct investigat­ions.

The new chair of the Scottish Police Authority has given her backing to justice secretary Michael Matheson after he intervened in the chief constable’s return to work.

Susan Deacon told MSPS on the Scottish Parliament’s justice committee that Mr Matheson would have been “failing in his duty” had he not raised concerns about the SPA’S decision – taken under her predecesso­r – to allow Phil Gormley to resume his duties.

The chief constable has been on leave since September and continues to receive his £214,000 salary while allegation­s of bullying are investigat­ed by the Police Investigat­ions and Review Commission­er (Pirc).

The SPA approved Mr Gormley’s return to work on November 7 under then chair Andrew Flanagan without consulting either the Pirc or Police Scotland.

Asked about the matter in Holyrood yesterday, Ms Deacon, a former Labour health minister, said she had found the process that had been followed to be “wanting in many, many ways”.

She said: “I’ve looked quite carefully at that particular meeting that has become the matter of considerab­le public attention and I found it wanting in many, many ways in terms of its process.

“And I will just add since this is also a matter of some considerab­le debate that had I been in the cabinet secretary’s shoes, and I have walked in these types of shoes in the past, then I would have asked questions about process as to how that decision had been made and personally I think the cabinet secretary would be failing in his duty had he not asked those questions.”

She added: “I will also say for the record that if at any stage in my tenure as chair of the SPA the processes that I follow required to be questioned in that way by a cabinet secretary then I would regard that I would have failed in my duty as chair.”

Mr Gormley is the subject of four separate Pirc investigat­ions and faces dismissal if allegation­s of gross misconduct are proved.

His legal team has described the complaints against him as “vexatious and opportunis­tic”.

Deputy Chief Constable Iain Livingston­e, who is leading Police Scotland in Mr Gormley’s absence, yesterday told MSPS he had asked for an update from Mr Flanagan after the November 7 meeting and the following day was told that “deliberati­ons were ongoing”.

He said he was then told by Mr Flanagan on November 10 that the SPA had taken the decision to extend Mr Gormley’s leave. Mr Livingston­e said he could not categorica­lly say that no-one else in Police Scotland was aware of Mr Gormley’s proposed return but said if they had been it would have been an “extremely discourteo­us” breach of protocol that would have left him “extremely annoyed and disappoint­ed”. Mr Flanagan and former SPA chief executive John Foley are due to appear before Holyrood’s audit committee tomorrow.

 ?? PICTURE: ANDREW COWAN ?? 0 Susan Deacon with Deputy Chief Constable Iain Livingston­e who was told deliberati­ons were ongoing
PICTURE: ANDREW COWAN 0 Susan Deacon with Deputy Chief Constable Iain Livingston­e who was told deliberati­ons were ongoing

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