Category: Uncategorized

 

DeeAnn Kirkpatrick

 

Rough Justice – An Opening Brief

“DeeAnn Kirkpatrick, a civil servant employed in Marine Scotland, made allegations of sexual harassment, racism, bullying, and assault against some of her male colleagues.

An Employment Tribunal decided that her allegations were time spent after three years and aided and supported by senior civil servants of the Human Resources team of the Scottish Government, dismissed the allegations.

The nub is that the substance of DeeAnn’s complaints was never independently investigated.”

DeeAnn’s sister Cherry, issued a statement through the Daily Record saying:

“My sister has been left absolutely devastated and feeling betrayed. How can this be justice? It’s a disgrace. She can hardly bear to look at the photograph of herself gagged and taped to a chair. It suits Marine Scotland to say DeeAnn made it all up. She has been broken by this. My sister used to be strong, brave, and outgoing. Now she is a recluse who is afraid of her own shadow.”

A spokesperson for the Scottish Government responded with a counter-statement saying: “The Scottish Government provides reassurance that policies and processes within the Civil Service are both robust and provide the necessary support to individuals who may wish to raise concerns.”

 

Note: DeeAnn’s case was thrown out because it had not been placed before the tribunal within 3 years. A copy of Nicola’s letter of 22 November 2017 to Leslie Evans is included below.

 

 

 

22 November 2017 Nicola Sturgeon Letter to Leslie Evans

At Cabinet, on 31 October I asked you to review the Scottish Government’s policies and processes on sexual harassment so that we could be reassured that we have effective arrangements in place in light of justifiable concern about the recent examples of misconduct across public life. You have kept me closely briefed on these issues.

I know that work is moving forward quickly and that you have already put arrangements in place to ensure that any member of staff who has concerns about the way they have been treated has the support and advice they need. You have also advised me that the review is considering how best to build on the work already being done to create an inclusive and respectful culture across the organization.

As is clear from the continued media focus on cases of sexual harassment, in many instances, people are now making complaints regarding actions that took place some time ago.

I wanted to make clear that in taking forward your review, and the new arrangements being developed, you should not be constrained by the passage of time.

I would like you to consider ways in which we are able to address if necessary any concerns from staff – should any be raised – about the conduct of current Scottish Government Ministers and also former Ministers, including from previous administrations regardless of party.

While I appreciate that the conduct of former Ministers would not be covered by the current Ministerial Code, I think it fair and reasonable that any complaints raised about their actions while they held office are considered against the standards expected of Ministers.

As you complete your review I believe it would be helpful for you to update Cabinet on the conclusions you have reached and the actions the Scottish Government has taken to provide reassurance that policies and processes within the Civil Service are both robust and provide the necessary support to individuals who may wish to raise concerns. (https://www.parliament.scot/HarassmentComplaintsCommittee/Phase1FN21.pdf)

Comment: The Permanent Secretary reports to the First Minister but is accountable to the UK Government Cabinet Secretary and Leading Civil Servant in London. Any procedure brought forward by Evans to the First Minister would need to be first approved by him and mirror those in place in London and other parts of the UK since there is no deviation in the terms of employment applicable to all Civil Servants in the UK.

 

 

 

More On Events at the Employment Tribunal

The tribunal had been convened to hear evidence from Canadian born, DeeAnn Fitzpatrick, a civil servant who had lodged allegations of racism, bullying, sexual harassment, and misogynism at Marine Scotland, in Scrabster over nearly a decade from 2006. (content paraphrased for ease of reading)

DeeAnn stated:

“I have worked for Marine Scotland in Scrabster, since 2006. Over this period I spoke to managers about the racist and misogynistic behavior of some of my male colleagues and asked that they put an end to it, without success.

I was subsequently warned by those self-same colleagues to “keep my mouth shut”.

In 2010 I reported to managers that the behavior of some of my male colleagues had not improved. But again nothing was done.

Shortly after I was assaulted, gagged, strapped to a chair, photographed, and mocked.

I was eventually rescued and freed by a female colleague who told me: “they don’t want a woman, especially a foreign woman here.

A male colleague, Reid Anderson told me: “This is what you get when you speak out against the boys.

I was also labeled an “old troll” and told not to even attempt to “climb the ladder of success” and, I was mocked after I suffered a miscarriage and I received anonymous abusive cards on my birthday and Valentine’s Day between 2015 and 2017.

Managers turned a blind eye to the bullying and sexist treatment I suffered at the hands of my male colleagues.

The events have taken their toll on my health and wellbeing and I have become a recluse – I stay at home suffering from depression and have harbored thoughts of suicide. Thoughts that were so all-consuming that I contacted Dignitas in Switzerland. I had had enough.”

 

Judith McKinnon

 

The Scottish Government was solely represented by their Head of People Advice, Judith MacKinnon who advised the tribunal that the persons accused by DeeAnn of wrong-doing had decided not to face their accuser because they were scared of the intense media attention the case had generated.

She further advised that the Scottish Government supported the accused officers since the disciplinary procedures of the Civil Service bestowed on civil servants the right to remain silent and that they could not be compelled to answer questions that might incriminate themselves.

She went on to say that she had read over case notes prepared by DeeAnn’s managers, who had carried out an internal department head led investigation and that she backed their findings that DeeAnn had willingly participated in the “high Jinks” culture prevalent within the department. As such there was insufficient evidence to support DeeAnn’s allegations.

The tribunal pronounced that the allegation pertaining to the incident in which she had been strapped to a chair was time-barred since it had occurred over 3 years before.

It also found that there was insufficient evidence as to who had sent the abusive cards.

The handling of events by the Civil Service Human Resources Department of the Scottish Government was mildly criticized but DeeAnn’s allegations were not upheld.

 

 

It was this rejection and final humiliation that forced DeeAnn to speak to the press. she told the Daily Record:

“It is difficult when you have spent your entire career fighting racism, misogyny, and bullies. Then to make matters worse when you report the incidents, you are the one that is being targeted by an ongoing campaign by senior management because you exposed what they have worked very hard to hide.”

 

 

 

Nicola Sturgeon and the “Chair” Incident

Nicola issued a statement saying that she was appalled at the revelations and pictorial evidence published in the Daily Record and ordered the Permanent Secretary to the Scottish Government, Leslie Evans, to personally investigate the incident involving the chair and to report back to her.

Evans reported back (summarized):

“A comprehensive internal review has now concluded that the Scottish Government has robust disciplinary procedures to address behavior that falls below expected standards and I am satisfied that these have been followed thoroughly and objectively in relation to this incident.

A broad set of actions are underway in Marine Scotland to ensure a working environment that meets both the Civil Service Code and Scottish Government Standards of Behaviour.

I do not normally comment publicly on staffing matters but I am issuing this short statement to update the public record given the previous parliamentary and wider interest in this issue.

My unwavering commitment to ensuring a positive workplace for all employees in the Scottish Government remains.”

 

 

Comment: An incredulous statement to which nothing was added by the Scottish Government.  The lack of response from the Scottish Government was not entirely unexpected since whilst the Permanent Secretary reports to the First Minister she is accountable only to the UK government Cabinet Secretary located in London.

 

 

 

DeeAnn sacked

The interview with the Daily Record triggered a charge of misconduct against her and DeeAnn was ordered to attend a disciplinary hearing.

she was unable to attend on the day/date because her father had only recently died and her doctor had said she was not fit to travel.

The hearing was conducted in her absence and resulted in her being sacked.

The notice of dismissal procedure served on her was bizarre since it was carried out by two civil servants who despite travel restrictions being in place because of Covid-19 journeyed by car on a 16-hour return trip from Edinburgh to her home in Caithness to hand-deliver her dismissal letter.

The latest news is that lawyers acting on LeeAnn’s behalf confirmed that she would sue the Scottish government for wrongful dismissal, based on a defense of workplace stress and damage to her mental health and wellbeing.

 

 

 

Local MSP Rhoda Grant Fights Back

The Highlands MSP used a member’s debate on condemning misogyny and harassment at Holyrood to raise the whistleblower’s case in a speech she described as “probably the most difficult” she had ever made.

Rhoda claimed that a manager at Marine Scotland had “referred to women in extremely derogatory terms,” and continued:

“I cannot repeat the language used in this chamber, but it was racist, sexist, vicious, and degrading. DeeAnn has been subject to institutional racism, sexism, harassment, and abuse at the hands of Marine Scotland, a Scottish Government Directorate. And the abuse continued despite her raising the matter at senior levels in government. Over a number of years, the oppressive behavior was constant and undermining and DeeAnn always being held to a different standard than others. I’m told by a colleague that this was deliberate and systematic conduct by others in the office and in the line of command in Marine Scotland, designed to wear her down and force her out.”

Referring to the involvement of the press that had triggered the attention of Nicola Sturgeon who concluded the chair incident to be “completely unacceptable, whatever the circumstances.” She said to the chamber:

“DeeAnn began working for Marine Scotland in 2006 and claimed problems arose when she blew the whistle on the misogynistic behavior of her colleagues towards a younger female colleague. She then became the target of abuse – and her case came to public attention last year when a photograph was revealed showing her gagged and taped to a chair.”

“The first minister’s investigation only looked at the incident with the photograph, and it was not an independent investigation. There needs to be a truly independent inquiry into DeeAnn’s treatment. And my evidence to the inquiry was fed back directly to Marine Scotland who twisted it to be used against DeeAnn. And DeeAnn has still not been informed of the findings of the investigation, and has remained away from work on full pay, but not suspended.”

Rhoda then claimed she had discovered that the “Scottish Government HR intercepted DeeAnn’s e-mails, including sensitive exchanges with her Trade Union representative”, adding that there had been “a fully hatched plan” between Scottish Government HR and DeeAnn’s line management… which showed they intended to move her to the Outer Hebrides. When DeeAnn declared that she could not move because of caring for her ailing mother, they decided to implement their previously discussed plan to dismiss her on trumped-up charges. A move that collapsed when they failed to produce the necessary evidence. And then DeeAnn was threatened with disciplinary action for going to her father’s death bed.

Rhoda said DeeAnn’s issues at work had started after returning to work following the breakdown of a “devastating” relationship with a colleague in another office, which had resulted in a miscarriage, and the issue of a non-harassment order. Her line manager was not supportive, mocked her being off with stress, and threatened to move her to work in the office where her former partner was based – despite knowing that a non-harassment order was in place. She added that she could not repeat the “extremely derogatory” terms in which he referred to women.

Rhoda spoke further saying: “DeeAnn has been subject to institutional racism, sexism, harassment and abuse at the hands of Marine Scotland, a Scottish Government Directorate,” Calling for an independent inquiry into the case, she added: “Despite me raising this at senior levels of government on a number of occasions with the previous Permanent Secretary, with John Swinney, Richard Lockhead, Paul Wheelhouse, and the First Minister – the abuse continued.

Rhoda also revealed that the original case which DeeAnn had reported was a threat to punch another female staff member by a male fisheries officer, who was allegedly encouraged by DeeAnn’s boss “to make sure it’s a good one”.

While they were initially disciplined, the men had successful appeals. Rhoda claimed: “the Scottish Government knows the Senior Fishery Officer secretly recorded the disciplinary panel’s deliberations and learned details that then led to their successful appeal.”

As well as abuse, Rhoda said DeeAnn was: “constantly being held to a different standard than others – toil, holidays, time off for compassionate leave or for medical reasons. On every occasion, she was questioned at length, but others were not. I was told by a colleague that this was deliberate and systematic conduct by others in the office and with the approval of line managers in Marine Scotland. A process designed to wear her down and force her out.”

Rhoda then asked the Equalities Minister Christina McKelvie, if she would push Scottish Government colleagues to set-up an independent inquiry. The Minister declined to say it would be “inappropriate” for her to get involved and that Rhoda should take up an offer to meet with Scottish Government officials.

 

 

 

The BBC Get Involved

Adding credence to DeeAnn’s allegations a reporter with the BBC said they had seen emails confirming DeeAnn had reported the alleged attack to her manager Mr. Paske, soon after it happened, but her complaints were not taken seriously. Mr. Paske told DeeAnn:  “I will have a word with Reid Anderson and Jody Paske about this. I am sure they meant no harm and that it was boys just being boys.”  When confronted by the BBC reporter, Mr. Paske, who no longer works at Marine Scotland, said:

“The allegations were false. I can’t remember the event you mention, but if it did happen, it would have been office banter, just a craic, certainly, nothing to do with abuse.”

The BBC reported further that one of the accused persons Mr. Anderson was still employed by Marine Scotland and had recently been promoted. and that he had failed to respond to the BBC’s request for comments.

 

This is a two-part article

The Scottish National Party and Me

My association with the SNP and the cause of independence for Scotland started not long after the UK and Israel invaded Egypt with the aim of reopening the Suez Canal which had been blocked by President Nasser who had taken Egypt under the wing of the USSR.

The mission was accomplished very speedily, but not without loss allowing UK and Israeli forces to establish fortified control points along the canal and to start the work of clearing shipping sunk at the mouth of the Canal by Nasser.

Then the betrayal. The USA Government fearing Russian involvement told the UK to get out of Egypt without delay and ordered Israel back to its original borders.

Both countries complied with the dictate fearing USA financial reprisals. Over the next year, USA and Russia mediated and the canal was eventually reopened but the cost of shipping negotiating it was markedly increased rendering its continued use questionable.

Anthony Eden resigned not long after the debacle and a few years after a Labour Government introduced the East of Suez policy which brought about the torturous and costly withdrawal of its military forces and influence of the UK in the Middle East and Asia.

Anti-Scottish political regimes of successive UK Governments had resulted in deprivation, hardship and the early deaths of many thousands of Scots over nearly 300 years, and the deployment of Scottish soldiers to Suez was the straw that broke the camels back for me.

The early period of my activism in the cause of independence was not without its troubles as various factions vied for political supremacy. The growth of the party was stunted when it lurched to the right and the Unionist press had a field day awarding the Party the dubious title of “The Tartan Torys”.

The SNP struggled for many a year to gain a foothold in Glasgow and the West of Scotland as Labour became the Party of choice for Scots.

After many years in the doldrums, the SNP party membership finally gained a voice and told the leadership that political posturing by party officials had to end. The SNP united under the cause of independence for Scotland and any unauthorised public airing of political dogma was deprecated.

The time for politicking would be after independence when, it was anticipated the Party might split, each faction seeking the support of the electorate.

Under the leadership of Alex Salmond, the party remained true to the cause of independence, evidenced by the adoption of centralist policies favouring neither left nor right-leaning members.

The Party benefitted from this in gaining an outright majority in the Scottish Parliament. An achievement considered impossible by Westminster Unionist politicians who had put the system in place with the purpose of preventing the SNP from ever gaining power in Scotland.

The single aim of the SNP favoured by Scots culminated, under the leadership of Alex Salmond in the 2014 Independence Referendum which only just failed to gain the support of a majority of Scots.

Believing he was doing the right thing, Alex resigned his leadership role and handed the reins of power to Nicola Sturgeon.

Days later the disgraceful conduct and outright deceit of the Westminster Government and other Unionists in the referendum campaign was revealed and brought the outcome of the referendum into disrepute. Only 6 months later the Unionists were just about wiped out in a General Election.

In January 2015 SNP membership applications increased tenfold and the surge for independence was back on the agenda.

But the period 2015-2025 has been fallow in terms of independence.

Nicola Sturgeon sidelined an active pursuit of independence for Scotland in preference for the implementation of a left-wing agenda taking the SNP firmly into the Labour Party heartland with the intention of replacing that Party after independence. In effect re-establishing two-party politics in Scotland.

The result of her abandoning the SNP principle of a united front has been increasing unrest and there is a real and present danger that the Party might split before an independence referendum can be held.

But it might just be that Nicola Sturgeon and her supporters within and out with the SNP are involved in the active pursuit of another agenda.

In part two I will reveal what I believe that agenda to be. And whilst it may stretch incredulity it is entirely feasible. As I will prove.

Events in 2017

Late Oct: Allegations of harassment surfaced at Westminster in late October and a whole range of people inside the Scottish Government raised concerns about alleged sexual misconduct involving Scottish ministers and former ministers prompting the announcement of a new zero-tolerance approach to sexual misconduct by the Deputy First Minister, John Swinney.

31 Oct: Holyrood civil service chiefs excluding the Special Advisor to the First Minister, Liz Lloyd, but including senior civil servant, John Somers, the First Ministers “gatekeeper” were in attendance together with other civil servants at a meeting convened by Nicola Sturgeon with the purpose of reviewing civil service procedures for the handling of workplace complaints.

31 Oct: James Hynd,  Head of Cabinet, Parliament, and Governance, for the Scottish Government was tasked by Leslie Evans on 31 Oct 2017 to update long-standing civil service procedures on sexual harassment covering serving ministers. Instead, acting on his own initiative and without any political direction, he decided to make former ministers the focus of his first draft of the policy, partly because he was in charge of the Scottish government’s ministerial code and there was a “gap” that needed to be closed. He conceded he was aware of gossip about alleged misconduct involving former First Minister, Alex Salmond, which Salmond had repeatedly denied, before choosing to include former ministers in the new anti-harassment policy. He insisted he alone decided to make former ministers the focus of his first draft of the policy, partly because he was in charge of the Scottish government’s ministerial code. He said he thought it was a “gap” that needed to be closed.

08 Nov: 1233. Hynd emailed Richards and MacKinnon a copy of the first draft of the policy “Handling of Sexual Harassment Complaints Against Former Ministers.”

16 Nov: 1205. Hynd emailed the (Private Secretary 1 to Leslie Evans). (Policy on Complaints Against Ministers.” As requested”. James.

17 Nov: Hynd circulated to the civil service senior management team and Liz Lloyd (first sight) a second draft procedure titled “Handling of sexual harassment complaints involving current or former ministers.”

Afternote: Lloyd stated that the inclusion of herself in the circulation of the draft created a requirement to identify and amend the ministerial code, if necessary since the code is the responsibility of the First Minister. But Hynd said he took the decision to widen the scope of the revised procedure without reference to anyone since he had responsibility for the Ministerial Code.

17 Nov: Lloyd maintains she did not discuss the procedure or share a copy of it with the SNP.

17 Nov: A letter setting out proposed procedural changes to the civil service code for the handling of sexual harassment complaints was forwarded for comment to the Cabinet Office in London. In the email reply, an unidentified senior civil servant wrote to say that they were: “very uncomfortable to be highlighting a process for complaints about Ministers and former ministers”.

Afternote:  The Scottish Government was thrown a lifeline by a very senior civil servant in London who strongly advised against any widening of the proposed new guidelines of employee harassment to include former ministers or in this case former First Ministers since this could only rope in Alex Salmond and there was no precedence within the civil service of a formal internal inquiry into the conduct of a senior officer who was no longer in the employ of the state. That so clear a warning was ignored beggars belief.

17 Nov: Although events are unclear at this time and this is conjecture, the correspondence between the Permanent Secretary and London must have encouraged Evans to instruct Hynd to desist from any further development of a retrospective draft lookback procedure and to stick to the remit she had given him on 31 Oct.

17 Nov: Lloyd and an unnamed senior civil servant, (probably Somers) agreed that an “instruction” should be compiled and sent from the First Minister to the Permanent Secretary to provide clarity that consideration of a policy relating to ministers and former ministers was within the scope of the original cabinet commission. And, in furtherance of this, after an exchange of emails, the two officers amended the content of the draft “instruction” to ensure it harmonized with the latest draft procedure so that when considering it, it would be clear that the draft policy would scope incidents earlier than 2007. A copy of the final draft note was forwarded to the First Minister’s office for her consideration over the weekend to ensure work on the procedure could continue.

20 Nov: Miss A, arranged a meeting with Somers at which she told him of experiences in the past that she wanted to share in a way that would improve the organization and make sure that no one else would have to go through that sort of thing again. She stressed she was not making a complaint, she simply wanted to assess her options for how she could best share the information. An option would be to speak to the First Minister which was why she had approached him. Somers said he felt “overwhelmed” by the disclosure and with the permission of Miss A, he informed his line manager Barbara Allison.

21 Nov: Somers and two unnamed officers met with Miss A and agreed she would take the matter up directly with his line manager Barbara Allison, with a proviso that if she felt she was not being taken seriously or no one was listening to her, she should get back in touch with Somers who would set-up a personal meeting for her with the First Minister. He never heard from her.

He went on to say that he did not tell the First Minister that Miss A had confided in him because it wasn’t his experience to share and had he done so he would have put the First Minister in a state of knowledge about something she could not have taken action upon at that point?”

Afternote: His decision not to inform the First Minster denied Miss A the informal meeting she had asked for and escalated events from informal to formal. His reasoning was flawed since it was based on a rebuttable assumption. His choice of words is also significant. “at that point”  could be a reference to the draft policy which he was working on with Lloyd. He fine well knew what he was doing.

Afternote: 15 Sep 2020: In her opening statement to the inquiry the Scottish Government’s Director for Communications, Ministerial Support & Facilities, Barbara Allison, who was Director of People from 2009 to 2016, said that Alex Salmond was a “visionary and dynamic” and although demanding and difficult to work for people also expressed that they enjoyed working for him. She had never heard of sexual misconduct concerns about him while he was the First Minister. Nor had she heard of any concerns being escalated to the status of formal complaints while she was in charge of human resources.

Afternote 2: 15 Sep 2020: Allison said she was a “huge advocate” of informal resolution, stating that if a matter could not be resolved through this means then absolutely people must have recourse to a formal process. She then told the Inquiry that she was first notified of concerns in late 2017 when two unnamed female civil servants raised them with her. Late 2017 is a wishy-washy statement and she should be instructed to provide dates and circumstances since it is to be assumed that one of the civil servants would be Miss A who was adamant in an earlier interview with Somers that she did not wish to make an official complaint. And where did the second civil servant spring from?

Afternote 3: 15 Sept 2020: Allison said she had not raised any issues of bullying or harassment with either Evans or Nicola Sturgeon and for clarity, she emphasized to the inquiry that she was not aware of any issues about sexual harassment” and added that she was a “huge advocate” for informal resolution, stating that if a matter could be resolved through this process, then “absolutely people must have recourse to a formal process”.

21 Nov: Sturgeon, Evans, and other names redacted persons met and discussed the draft procedure. Minutes of the meeting are not available.

22 Nov: Somers formally emailed Sturgeon’s “instruction” to Leslie Evans, the head of the Civil Service in Scotland. It read:

“As is clear from the continued media focus on cases of sexual harassment, in many instances, people are now making complaints regarding actions that took place some time ago. I wanted to make clear that in taking forward your review, and the new arrangements being developed, you should not be constrained by the passage of time. I would like you to consider ways in which we are able to address if necessary any concerns from staff – should any be raised – about the conduct of current Scottish Government ministers and also former ministers, including from previous administrations regardless of party. While I appreciate that the conduct of former Ministers would not be covered by the current Ministerial Code, I think it fair and reasonable that any complaints raised about their actions while they held office are considered against the standards expected of Ministers. I would be grateful for confirmation that this particular aspect is being included as part of the review you are leading.”

24 Nov: Hynd, Lloyd and a member of the Permanent Secretary’s office, and a member of the First Minister’s office attended a meeting to further discuss the content of the “instruction” and to establish and agree on clear lines of responsibility between the First Minister and the Permanent Secretary preventing the First Minister from stopping the Permanent Secretary, who has a duty of care to civil servants, from investigating a sexual harassment complaint made by a civil servant against a minister if the Permanent Secretary judged there was something to investigate. Further input from Lloyd included the view that it was essential that the First Minister should be made aware of an investigation or allegation into a serving minister, before the event, in order to determine if, under the ministerial code, that minister could remain in post whilst an investigation was conducted.

24 Nov: Lloyd later ascertained that she had no knowledge at this time of the incidents that were subsequently investigated under the new procedure.

 Afternote: 08 Sep 2020: Evans had previously told the inquiry team that she would not see a “natural role” for a special advisor in the Scottish Government response to the judicial review brought by Alex Salmond. But a freedom of information response last year listed 17 meetings at which lawyers involved in the judicial review met with Nicola Sturgeon or senior staff, with Lloyd present at three meetings in Oct and Nov 2018. Faced with the revelation Evans was forced to correct her evidence to state that Nicola  Sturgeon’s political special advisor, Liz Lloyd, did take part in meetings about the case.

29 Nov: Richards and MacKinnon met with Miss A and discussed the content of the revised procedure they were proposing to introduce so that harassment complaints could be retrospectively actioned against former Ministers. Changes were agreed and the document was sent to the Cabinet Secretariat to be retyped.

01 Dec: Two days later Richards emailed Hynd, the Head of the Cabinet Secretariat: “Would you be able to send me the latest version of the process I agreed with Leslie Evans that I would test against some key individuals?” Later that day Hynd replied, “here you are” attaching the latest version of the revised draft procedure.

05 Dec: Richards and MacKinnon met again with Miss A to discuss the content of the latest revised draft procedure seeking and gaining from her confirmation that had the procedures been in place at the time she was sexually harassed it would have been of great benefit providing clear instructions as to the courses of action available to her.

05 Dec: Richards met with Evans and other colleagues to discuss the draft document and agree on changes, where necessary. She then worked late into the evening updating the document. Just before midnight that same day, she forwarded the revised procedure, under cover of an email, to the Head of the Cabinet Secretariat, Hynd, MacKinnon, and an unnamed lawyer. The email stated: “As discussed today, I’ve made some revisions to the process.”

Afternote: Eight drafts were compiled and before and after copies of each revised/new procedure will be retained on a central database. The inquiry would be well advised to request copies so that changes made after the meetings with the first two complainants would be identified and their impact assessed.

6 Dec 2017: 0528.  In the very early hours of the morning Evans emailed Richards, Hynd, and a third person writing, “Spoke with John S (Swinney?) last night. We agreed you would send up tweaked codes in draft without any letters just now. and as discussed, info on the steps and touchpoints involved in the process also useful. Keep me posted – back in the office tomorrow but happy to talk. John (Swinney?) also I’m sure.”

Afternote: Somers told the inquiry that he had no involvement in the development of the procedure used against Alex Salmond. This is not true. Somers, in his capacity as Sturgeon’s Principal Private Secretary, had a key role in developing the policy at a critical time. The “tweaked codes” which Somers and Evans had agreed to “send-up” to Sturgeon constituted the recast procedure which changed at a stroke everything which had been developed by Hynd and others to that point, by removing the First Minister completely from the process. The “letters” which were now not to be sent to Sturgeon were letters which Hynd had been instructed by Evans to draft, in line with the procedure as it had existed prior to this discussion with Somers, and for the purpose of intimating the new procedure to former Ministers and former First Ministers when it was approved by the First Minister in due course. Following the discussion between Evans and Somers on the night of  5 Dec 2017, these letters simply disappeared from the development process, and the Scottish Government has never disclosed them to this day, at least not in the papers which have been made available to the public by the inquiry. Exactly what comprised the “steps and touchpoints involved in the process” which were evidently also discussed by Evans and Somers remains a matter of guesswork since, of course, no-one at the inquiry asked Somers yesterday, or has ever asked Evans, what was meant by these terms. What is clear is that both Evans herself and Somers were “happy to talk” to Richards, Hynd, and the third person about these “steps and touchpoints” in the procedure as now radically recast. There is a hugely significant context of this very obvious involvement of Somers, acting on behalf of Sturgeon, in the development, actually, in the complete recast of the procedure. For now, it is worth noting that Somers’s evidence on affirmation was given, as Somers himself pointed out, with the specific endorsement in advance of the Scottish Government. On 6 Nov 2020, Deputy First Minister Swinney wrote to the inquiry: “Somers was not involved in the development of the procedure…” Poor John Swinney. He gets all the dirty jobs. Extracted from:(https://gordondangerfield.com/author/deckcarrington)

07 Dec: Around this date, MacKinnon met with Miss B.

10 Dec: Evidently there was a deadline for the submission of the procedure for the signature of the First minster and this was confirmed in yet another email and document enclosure and to the same people in which Richards wrote: “I’ve updated the timeline and this is the final version of the policy I’ve sent to Evans.” The “air” of finality clearly suggested that the civil service team, supported by legal opinion were confident it would be signed off and introduced.

Afternote: Hynd said he had made the running and compiled the “new” retrospective harassment procedure. But records indicate Richards and Evans made the running.

Afternote: 25 Aug 2020: Selective amnesia!!! Hynd, Head of Sturgeons Cabinet Secretariat, in his evidence, given under oath to the Alex Salmond inquiry stated:

“To be clear if I was not earlier – the first that I heard about any allegations was, I think, on 24 Aug 2018, when there were press reports. I knew nothing before then about any complainer or anybody raising concerns. I knew nothing about the appointment of any investigating officer or about any sharing of the draft procedure with any individuals.”

12 Dec: Evans wrote to Sturgeon:

“You wrote to me on 22 Nov regarding the review of the Scottish Government’s policies and processes on sexual harassment. As we have discussed, we have a shared commitment to ensure that the arrangements that are in place are effective and contribute to the work already in hand to promote an inclusive and respectful culture across the Scottish Government. Your letter, in particular, asked me to consider as part of the review ways in which any concerns raised by staff about the conduct of current or former Ministers could be addressed. I have developed, for your agreement, a process for how complaints of harassment, including sexual harassment, might be taken forward. (The agreement is added to the end of this article). This new process aims to ensure that I am able to fulfill my duty of care to staff by taking the necessary steps to support the member of staff and to put in train any further action that might be required within the civil service as a result of the issues raised. As far as current Ministers are concerned, the process will also assist you in taking forward your responsibilities under the Scottish Ministerial Code. It also sets out how complaints against former Ministers will be handled. Given that the process engages the responsibility of the First Minister for the application of the Ministerial Code, we will seek approval for the ongoing application of the process on each occasion the Ministerial Code is updated. I should be grateful to learn if you are content to adopt the process set out in the annex. As you have requested, I am happy to update the Cabinet about the outcome of the review whenever you wish.

14 Dec: 0841. Richards emailed Private Secretary (2) to Evans, Hynd, Mackinnon, and the Head of Branch, Peoples Directorate the following: Policy on Complaints Against Ministers.

I’ve amended the letter and policy in line with our exchange. If this looks OK I’d like first for us to run this past the unions before the final exchange with FM. I think I would just share the part about current ministers because that is what would form part of our revised F@W policy. I think the former minister’s process is more for us to know what we would do rather than to have out there as a published policy. Although we would share it if asked. I copied in Head of Branch, People Directorate (1) and Judith because I’ll be on leave from close today. It would be good to get this tied up quickly. Head of Branch, People Directorate (1) – in preparation for sharing this with the unions could you abstract the current ministers part? cheers Nicky.

14 Dec: 1043. Hynd emailed Richards, Private Secretary 2, Mackinnon and, Head of Branch Peoples Directorate 1 the following. Policy on Complaints Against Ministers. Thanks for this. Some formatting wrinkles had crept in which I have now sorted in the attached version (‘final’). Other than the removal of references to ‘sexual’, the text remains the same as that which went to the First Minister and on which she commented.

14 Dec: 1120. Private Secretary 2 to Evans emailed Hynd, Richards, MacKinnon, and Head of Branch, Peoples Directorate 1 the following. (Policy on Complaints Against Ministers).  I’ve just spoken with Hynd about another few small adjustments – just to ensure using consistent terms throughout. Nothing substantive. Hynd is kindly making those adjustments and will circulate the final version shortly so Head of Branch, People Directorate 1 you may wish to hold off your preparation of the version for Unions meantime. In terms of timing to the First Minister, we will put the procedure to the  First Minister once we have the green light from Richards. If we want to appraise the Permanent Secretary of timings and sharing with Unions, she is tied up in interviews today till 15:00 and then on leave until Tuesday – but contactable.

14 Dec: 11:32. Hynd emailed Private Secretary 2 to Evans, Richards, Mackinnon, and Head of Branch, People Directorate 1 the following. Policy on Complaints Against Ministers. Dear all. With sincere and deepest thanks to Private Secretary 2 to Evans, here is another ‘final’ version.

20 Dec: Copies of the revised procedures on handling harassment complaints about current or ex-ministers were sent to Somers and some other senior officers. The revised procedure was signed off later that day, by Nicola Sturgeon.

Events in 2018

16 and 24 Jan: The Scottish Government received two formal complaints of alleged misconduct by Alex Salmond at Bute House in 2013 during his time as First Minister. The complaints came from two separate individuals.

Afternote: Outside observers conjectured that the complainants had been waiting for the revised rules to take effect so that they would be protected from exposure and no matter the outcome of any subsequent investigation, the political damage to the SNP government would be significant at a time when a new Scottish Independence Referendum was being mooted.

Jan: The Scottish Government launched a probe into the conduct of Alex Salmond, headed by MacKinnon, who had been appointed to the role of “Investigating Officer” by Richards.

Afternote: The action of Richards contravened long-standing misconduct regulations which state that the subject officer must receive immediate formal notification of any misconduct allegation once it has been determined that an investigation is required and an investigator has been appointed but before the start of an investigation so that the subject officer can be provided with an opportunity to address it if it is their wish and the decision to appoint an “investigating officer” should not have been instructed by Richards on her own!!!! But did she?

Afternote: Evans, who led the Alex Salmond sexual misconduct investigation told the inquiry it would have been “inappropriate” for her to know the identities of the two female complainants before the investigations were complete. Yet Richards, in her evidence, said that Permanent Secretary Evans met Miss A and Miss B and discussed their complaints in the context of the newly expanded complaints procedure which meant former ministers and MSPs could now be investigated for misconduct. Evans also explained her consideration of the initial investigation report and informed both complainants of her decision and what this meant in terms of the next steps in the procedure.

Nicola Sturgeon’s involvement around harassment complaints against Alex Salmond is under scrutiny. The Holyrood inquiry is examining the botched handling of harassment complaints against Mr Salmond which led to a £500,000 legal bill after the Scottish Government conceded a judicial review action brought by the former first minister on the basis of “apparent bias”. However, the committee updated its website on Wednesday to state that several submissions would not be published, including Mr Aberdein’s. The website reads: “The Parliament can only publish submissions where publication is compliant with the legal obligations on the Scottish Parliament Corporate Body, which may be different than legal obligations on individual submitters. “As a result of this process, the Parliament has decided that a number of these submissions should not be published, including the submission from Geoff Aberdein. A number of other submissions have been redacted.”

Alex Cole-Hamilton, the Liberal Democrat member of the committee, said the inquiry had been akin to “nailing jelly to the wall”. He said: “Much of the work of this committee has been like nailing jelly to a wall. We have seen avenues closed to us at every turn and legal barriers to where the evidence takes us. “This is bad for the government too because without a proper exorcism of those doubts that exist, significant questions will go unanswered.” Mr Salmond has been given a ‘take it or leave it’ offer to give evidence to the committee on February 2, with Ms Sturgeon currently expected to give evidence on February 9.

Four independent witnesses have testified to Sky News (One of them a QC), that senior member of Sturgeon’s staff asked Aberdein to falsify a statement to remove their prior knowledge of the allegations against Salmond. Yet all of this, the most important evidence of the entire inquiry, has been excluded from publication and from consideration by the committee because it involves inextricably one of the anonymous accusers.

Sky News has learned of claims that a Scottish government official asked to change an account of when they knew about harassment complaints against former first minister Alex Salmond. They concern a senior official whom we are not identifying, but who works with the current First Minister Nicola Sturgeon. Ms Sturgeon’s political opponents have described the revelations as an “abuse of power” and a “clear attempt at a cover-up”. The official allegedly asked for a press statement to be changed and feared they faced consequences for their career if this was not done.

The statement was a record of a conversation they had been involved in. It indicated when, and what, they knew about complaints against Mr Salmond, which pre-dated the day that Ms Sturgeon says she was first informed. The amendment request was allegedly made after a draft copy of the statement was sent to the Scottish government, prior to its publication. Upon receipt, it is claimed the official contacted the author and asked for the record of when they said they “knew” of the complaints to be reduced to when they had a “suspicion” of them.

By Conor Matchett  Published 21st Jan 2021, 11:34 BST  Updated 21st Jan 2021, 13:52 BST

Key evidence submitted to the Salmond Inquiry will no longer be considered or see the light of day after it was withdrawn due to legal concerns. Alex Salmond’s former chief of staff, Geoff Aberdein, had submitted evidence to the harassment complaints inquiry but due to “legal obligations” will never be made public. His evidence is understood to have covered the details of critical meetings between himself and Nicola Sturgeon on March 29, 2018, and the meeting he brokered between the First Minister and Mr Salmond in the First Minister’s home on April 2, 2018. The evidence would have shed some light on allegations that Ms Sturgeon misled the Scottish Parliament around these meetings after she claimed she had ‘forgotten’ that the first meeting had taken place.

02 Apr: Sturgeon stated

that her husband Peter Murrell, Party Chief Executive and her top government aide Lloyd were present at their home in Glasgow together with Alex Salmond, Geoff Aberdein, (who had arranged the meeting at the request of Lloyd), and Alex Salmond’s Solicitor, Duncan Hamilton. The foregoing persons left the room allowing Sturgeon and Alex Salmond to meet in private. Sturgeon claimed that was when Alex Salmond first revealed that he was being probed over harassment claims and expressed to her his concerns about the process of investigations against him. He also briefed her about proposals he had submitted to the Scottish Government for mediation and arbitration.

Afternote 1: Murrell, who had not been invited to attend said he arrived home during a “government business” meeting. Although he had a “sense” it was about something serious he did not ask and Sturgeon did not reveal that Alex Salmond was facing sexual harassment allegations. Adding she was immensely busy and they did not discuss her duties as the First Minister. But she had convened the meeting in her capacity as Party leader and as such Murrell should have been briefed. Somers, Sturgeon’s principal private secretary, said that if it had been an official meeting in her role as First Minister, it would have been in her ministerial diary and minuted. But it was not. The veracity of the account is questionable.

Afternote 2: Interviewed on 18 Aug 2020 by the inquiry team Evans said Sturgeon had been first alerted to Alex Salmond’s’ behavior in Nov 2017 when she learned that Sky News was investigating an “incident ” at Edinburgh Airport.

23 Apr: Sturgeon and Salmond had a “substantive” phone discussion. During which he asked if she would speak to Leslie Evans about “mediation” with the applicants. A special adviser was in the room at the time.

6 Jun: Sturgeon wrote to Evans to inform her that she has had talks with Alex Salmond.

07 Jun: Sturgeon and Alex Salmond met again, in Aberdeen, ahead of the Scottish National Party conference.

14 Jul: Nicola Sturgeon met with Alex Salmond at her home. Her husband Murrell was present but he said he spent most of the time in the kitchen so he wouldn’t be involved.

18th Jul: Sturgeon and Alex Salmond engaged in a telephone conversation. Sturgeon said that “at this point” she was “concerned – as the Party leader and from a perspective of preparing her Party for a potential public issue – that his handling of the matter meant that it was likely to become public in the near future.”

Afternote: Paragraph 12 of the “new” procedure explicitly excludes the involvement or interference of the First Minister in any part of the investigation and the three meetings and two telephone conversations Nicola Sturgeon had with Alex Salmond after the start of the investigation and before its conclusion would be construed as interference.

Afternote 2: Sturgeons letter to the inquiry is here: Nicola_Sturgeon it provides details of correspondence between herself and Alex Salmond. If she had only accepted his advice and allowed an arbitration process to be completed things would have turned out very differently.

22 Aug: Evans informed Alex Salmond that there was no scope for mediation and arbitration and that she was “considering the public interest” before publishing the results of the investigation.

23 Aug: Alex Salmond immediately launched proceedings seeking imposition of an interim interdict on the Scottish Government preventing the release of any information pertaining to the allegations or investigation so that he would be able to request a judicial review of the decision process which he said was an “unjust” and “unlawful” investigation procedure conducted with malice aforethought since his efforts at “conciliation, mediation and legal arbitration” had been “rejected”.

23 Aug: Details of the charges of sexual harassment against Alex Salmond were illegally released to journalist David Clegg, a writer for the Daily Record. The spoiler was designed to pre-empt the imminent issue of an interim interdict preventing any disclosure of any matter pertaining to the investigation. Clegg passed the information to the Editor of the Daily Record who immediately published an “exclusive” report. Alex Salmond wrote to Evans demanding an inquiry into how details of the complaint against him were leaked to the media.

Afternote 1: 25 Mar 2020: The Information Commissioner’s Office (ICO) found no evidence of civil servants or ministers breaching rules around the former SNP leader’s personal data after he raised concerns about how the allegations against him first appeared in the Daily Record.

Afternote 2: The timing of the leak is crucial. We know from material given to the Holyrood inquiry that Alex Salmond’s lawyers had repeatedly told the Scottish Government that their investigation into the allegations was unlawful and that the matter should instead be dealt with privately by arbitration and/or mediation. The Scottish Government had flatly refused these suggestions and insisted on going to court where the allegations would have become public – right up until the eve of the hearing, when it suddenly conceded, at a cost of hundreds of thousands of pounds to the taxpayer. It has steadfastly resisted disclosing its legal advice on the subject. But one of the things known is that Salmond was about to seek, on the morning of 24 August 2018, to have an interim interdict issued by the Court Of Session which would have prevented the Scottish Government from issuing any statement naming Salmond. The Scottish Government was informed of that fact at 5pm on the 23rd. Within three hours of that notification, Davie Clegg had the whole story and posted this to his Twitter account: “The dam broke on this when I put some of the allegations to Salmond at 8pm tonight and informed him we were planning to publish in tomorrow’s Daily Record. Salmond responded at 9.30pm with his statement on the legal action. This was then sent to other newspapers as a spoiler.” So where could it have come from? At this stage, very few people would have known in any major detail about the investigation. They included the two complainers, the First Minister herself, Permanent Secretary Leslie Evans, investigating officer Judith MacKinnon, civil servant Barbara Allison, and finally, the First Minister’s chief of staff Liz Lloyd, who since March 2018 had been a central liaison between Nicola Sturgeon and Salmond’s representative and former chief of staff Geoff Aberdein. If we rule out Salmond and Aberdein that’s just seven people (along with a very small handful of other civil-service mandarins who’ve got no axe to grind). Do any of them, we wonder, have any notable connection to or relationship with Davie Clegg? Hmm, what’s this?  Mandy Rhodes, Editor of the Holyrood magazine, posted this to her Twitter account on 11 Jul 2016.  Hoi! David Clegg. When did you become a rising young leader?

Front row, from left to right: Kezia Dugdale, Liz Lloyd, Jenny Gilruth, Ross Thomson, and Davie Clegg. 

Now, we of course have to emphasize that none of the above demonstrates any sort of wrongdoing by anyone. It’s just a happy bunch of good pals enjoying a free glamorous summer holiday serious and important fact-finding trip like anyone would. Cost to the US £8,000  for each person. It most certainly doesn’t prove that Liz Lloyd – one of the vanishingly small number of people who knew the details of the Salmond investigation at that point – leaked them to Davie Clegg hours before a court interdict, to make sure that they got into the public eye and enabled the press to luridly smear and monster Salmond on the basis of false allegations for months before he could prove his innocence, conveniently serving the interests of both the newspapers and the Scottish Government. We’re equally sure that there’s nothing sinister in the US government being so nice to so many SNP figures, and that they want nothing in return. See the rest of the article here: (https://wingsoverscotland.com/all-the-jolly-boys-and-girls/#more-120497)

29 Aug: Alex Salmond resigned from the SNP stating he wanted to avoid internal division within the Party.

14 Sep: Police confirmed they had launched a formal probe into the women’s allegations.

25 Oct: Sturgeon, Evans Lloyd, and other names redacted, persons met to discuss matters arising from recent events.

02 Nov: Sturgeon, Evans Lloyd, and other names redacted persons met to discuss matters arising from recent events.

13 Nov: Sturgeon, Evans Lloyd, and other names redacted persons met to discuss matters arising from recent events.

14 Dec: Alex Salmond won a legal bid forcing the Scottish Government to hand over documents related to the case against him.

23 Dec 2020: Belated judicial Review report provided to the Inquiry

With precisely the grim level of cynicism we’ve now come to expect as standard, the Scottish Government released a key document relating to the Salmond inquiry two days before Christmas. It contains legal advice relating to the judicial review brought by Salmond regarding the Scottish Government’s investigations into false allegations of misconduct against him,. It is extremely heavily redacted. But a few interesting passages remain. The document, dated 28 December 2018, is a report from Sarah Davidson, the then-Director General of Organisational Development and Operations, one of those vague job titles that covers a multitude of sins.

It is, officially, the document which advised the Scottish Government to concede the case, on which it had by that point already spent an amount of money it refuses to reveal to the Scottish public – but which can be reasonably estimated at upwards of half a million pounds, given that we know Alex Salmond had spent a similar sum by then on his side of the argument.

29 Dec: Judicial Review:  Report compiled by: Sarah Davidson: DG Organisational Development and Operations

Next Steps
1. You asked me to coordinate the provision of urgent advice in order to allow you to consider how to proceed in relation to the Judicial Review which is set down to commence before Lord Pentland in the Court of Session on January 15th. In doing so, I have drawn heavily on contributions from the Chief Financial Officer, and from the Director of Communications, Facilities and Ministerial Support. I am grateful to them all for responding so promptly to this request.

2. As you are aware, Counsel has offered advice on a number of occasions in relation to the prospects of the Scottish (SG ) arguments prevailing in court. This advice has principally turned on counsels views on the appointment and actions of the Investigating Officer. The full chronology and summaries of that advice are set out at Annex A.

3. The key point to note is the “watershed moment” of last Friday (21st December 2018), at which point the SG’s case became , unstateable, (1) given what emerged that day about the degree and nature of the contact between the IO and the prospective complainers prior to their formal complaints having been made. This information was contained in documents which were identified and produced for the Commission and Diligence Hearing last week, and had not been elicited by previous
document searches. While there is no reason to believe that the IO was motivated by anything other than her desire to fulfil her role properly, we recognise that her actions give rise to a perception that there was an unfairness in the operation of the procedure in this case.

Note 1: What it’s claiming – and readers can make their own judgement about how believable a claim this is – is that the Scottish Government’s extremely expensive legal counsel only found out a few days before they were due to go to court that Judith Mackinnon had had extensive contact with the two complainers prior to being appointed as the Investigating Officer.

(The two QCs acting for the Scottish Government were Christine O’Neill as “junior” counsel, and Roddy Dunlop as senior, two of the country’s most eminent advocates. Alert readers may recall Dunlop from his successful work on two high-profile cases of recent years, on behalf of Alistair Carmichael and Kezia Dugdale.)

So it’s interesting to ponder what’s missing. (We don’t actually know how long any of the redactions are, because they’ve all been replaced with “[Redacted]” rather than blacked out. They could be a single word or a dozen paragraphs.)

The most obvious thing would be a word like “frankly”, but why would anyone want to redact that? Similarly there’s no conceivable reason to redact something like “in the opinion of counsel”, and it’s very difficult to plausibly add anything to that sentence which might identify anyone whose identity is being kept secret.

The only reason to blank out something there is if it’s in some way incriminating, such as – and we emphasise this is pure illustrative speculation on our part – “contrary to what counsel had been led to believe by the Scottish Government”.

It’s perhaps worth mentioning in passing that the word “unstat[e]able” is one with a very particular meaning for anyone practicing law. What it basically means is that if you deliberately conceal evidence or misrepresent something about the case to the court, or allow your client to, you’ll be struck off.

4. Counsel has said in terms that there was nothing about the way in which havers gave evidence to the Commission that would suggest that they were acting in bad faith in relation to the production of information, but it is clear that the process of searching for and producing relevant documentation under the duty of candour has not been systematic and comprehensive. (2)  It is for this reason that the full picture of and the risk of the perceptions that these could give rise to, only became visible to Counsel and to SGLD at the end of last week.

Note 2:  Now, there’s nothing actually redacted in the paragraph above, but there’s certainly something missing from it. Who, a casual reader might wonder, has been failing to be adequately “systematic and comprehensive” in terms of their “duty of candour” to properly inform the legal counsel the Scottish Government is shovelling your money at? Who was in charge of this process? Who designed it and who was carrying it out?

Conceding the petition
6. If a decision is taken to concede the petition, the process would involve a Counsel to Counsel discussion of settlement, with a view to agreeing a Joint Minute setting out the basis of conceding and appropriate declarators (making clear what is and is not the basis of the
concession), and agreeing expenses. In parallel, the Court would be advised of decision not to proceed with our defence on the basis that there were ongoing discussions about disposal.

7. In such circumstances, the decision which was being Judicially Reviewed would be set aside and referred back to the decision maker. In this case, for a range of reasons (not least the views of the complainers about going through the process again), consideration needs to be given to whether the SG could restart and re-run the procedure and ensure fairness. The Petitioner may look for assurances that this will not happen, but it is premature to decide or indicate whether and how this would happen, and the views of the complainers  would of course be something you would want to take into account.

8. The Petition contains a number of pleas-in-law, most of which SG would not be conceding.

9. While we will be simply indicating a decision to concede when announced, the terms of disposal by the Court will be adjusted by counsel in the days ahead (in a Joint Minute) and we will seek to narrow the terms to the minimum of conceding that the decision cannot legally stand and is set aside and, as above, the pleas-in-law which the court will uphold in doing so. We would not be negotiating in any way about future decisions. If the Joint Minute cannot be agreed, the court will itself make an Order to the same effect.

10. In handling terms, once a decision has been taken it would be beneficial to intimate the concession as soon as practicably possible following the events of last week: it would be essential for the Court to be told at the same time as the Pentland next week. This would be easier on Monday or Thursday when the Court is open, but might still be possible, although less straightforward, on Tuesday or Wednesday when the Court is closed. The Court would not look favourably on any
public statement being made before Lord Pentland was advised of the position.

Implications of conceding
11. Clearly, conceding the petition gives rise to a new set of issues and risks which would require to be managed. The immediate practical implications are dealt with in the section below on communications and handling.

12. It is impossible of course to be certain how the Petitioner will react, although we can certainly speculate about how he may seek to portray the concession in public statements. The only limitation in practice on what information he may deploy in the public domain are the reporting restrictions on naming the complainers. It is less easy to imagine what, if any, legal remedies he might pursue and there are limits to the value at this stage of second-guessing how he will respond, on what grounds, or with what prospects of success. These issues are of course not germane to the decision on how to proceed.

PAO Considerations
13. In reaching a decision in relation to these proceedings, you will also want to have regard to your duties as Principal Accountable Officer. The overall Accountable Officer test addresses the four key considerations of regularity, propriety, value for money and feasibility. You will be familiar with these of course, but the application of each as they might apply in current circumstances is summarised at Annex B.

14. In considering the PAO tests, you will wish to take account, in particular, of both the costs to date and further projected costs that might be necessary to continue to defend the action to its conclusion. You will also wish to give consideration to the possibility of having to meet even greater opposing counsel costs should you decide not to concede now and the Petitioner is ultimately successful in both his petition and recouping his costs.

Communications and handling
15. As noted above, in the event of a decision being taken to concede the petition, there are strong arguments for moving to confirm this quickly. In order to allow you reasonable time to consider this advice, we are using Thursday 3rd January as a central planning assumption, but can of course update this if required. Further detailed handling advice including a draft statement has therefore been developed
In considering the PAO tests, you will wish to take account, in particular, of both the costs to date and further projected costs that might be necessary to continue to defend the action to its conclusion. You will also wish to give consideration to the possibility of having to meet even greater opposing counsel costs should you decide not to concede now and the Petitioner is ultimately successful in both his petition and recouping his costs.

16. Although not within the scope of this advice, there are clearly a number of lessons to be learned by the organisation and we can discuss in due course how best to ensure that this is done.

17. Subject to decisions taken and further refinement, an SG statement might therefore read along the following lines, (subject to agreement by the Lord Advocate): investigated is robust, fair and necessary and that it would have been found to be so had it been tested by the Court. However, we acknowledge that the operational application of the procedure may have fallen short. We have therefore [today] informed the court and the petitioner that we have decided to concede the Petition on this basis. We will consider and decide on our next steps in the light of this decision.

18. We are also mindful of our duty of care obligations to the complainers and to other members of staff who would be affected by the concession and its aftermath in different ways. This will include our next steps in relation to the complaints raised by Ms A and Ms B which still, of course, sit with us for determination. Work is being undertaken to identify all those who would require to be informed about a decision
to concede and the support that might be offered to them. We can discuss this with you when convenient.

Conclusion
19. Having reviewed the material contained in this note, you may conclude that the Scottish Government is in a position where the only sensible and defensible action is to concede the petition and to plan for managing the attendant reputation and legal risks. The risks associated with proceeding to defend the Judicial Review could appear to be greater.

20. I hope that this advice provides you with the necessary basis on which a formal decision to concede on the terms set out in paragraph 8 above can be reached.

21. Colleagues and I stand ready to discuss any aspect of this note.

Permanent Secretary
Copy to: Ken Thomson, DG Constitution and External Affairs
Director of Legal Services
Chief Financial Officer
Director, Communications, Facilities and Ministerial Support

Annex A Salmond v Scottish Ministers and Permanent Secretary 
This summary sets out the development of advice from counsel, in relation to the following two issues1) Whether paragraph 10 of the Procedure requiring the IO to have had no prior of the IO, though not a member of SG staff in 2013, indicate that she was involved in discussions of any nature around the time of the complaints being made and the IO being appointed (issue 1)

2) Whether, if issue 1 is answered in the negative, the actual acting’s of the IO in her discussions with one or both complainers in the period from November 2017 to January 2018 created in the eyes of a  reasonable, objective outsider an impression that of a real risk
(whether in fact correct or not) that there was an unacceptable possibility of bias in her role as an impartial gatherer of the facts a concept known as apparent bias (issue 2).

Annex B:  PAO Considerations
When a course of action is it not immediately obvious, the need to make a difficult decision calls for judging risks, balancing competing objectives and dealing with uncertainty. It is the and weighing all the factors. Rather than rely on piecemeal advice, it is usually most helpful
to bring all the considerations which have been applied together in an overall Accountable Officer test that addresses the four key considerations:

Regularity: (of expenditure) The key test here is whether there are legal powers. Given this would have been flagged by SGLD at the outset if there was any doubt, unless anything associated with the types of expenditure being incurred has changed significantly, it is unlikely that the initial test applied here will now be in doubt as a consequence of the current status of the case.

Propriety: The key test here is whether expenditure falls within the boundary of  what parliament for the use of taxpayers money. Just because expenditure is regular, does not automatically mean that it can be assumed to meet a propriety test too. Unlike the regularity test, it is possible for the propriety test to shift over time. Three specific areas are worthy of consideration here:

Expenditure must be sustainable, which includes whether sufficient public resources are available and are likely to continue to be available. Any doubt here calls into question whether further spending would meet the propriety test in the future.

If risks deemed acceptable to people, resources, assets etc. at the outset have escalated to the point whether they are no longer manageable or able to be sufficiently mitigated, again there is a question about whether the initial propriety test can continue to be met.

Finally, consideration must also be given to the reputation of the Civil Service or the Government itself where action that might initially have been considered within the bounds of acceptability might now result in unacceptable damage to that reputation, again the propriety test is in doubt.

Value for money: This can often be a subjective test that can again shift over time, in particular if the costs shift beyond initial expectations. There is no identifiable point at which initially justifiable expenditure tips over to no longer being unjustifiable, even when the initial benefits associated with that spending remain constant (e.g. would a 10% increase be acceptable but a 20% not?). Where both costs escalate beyond initial estimates and the benefits associated with the action taken deteriorate to a level where they are questionable that should be a stark warning to the Accountable Officer that overall value for money may no longer be justified. It can often make sense to bring into account unquantifiable factors when considering benefits, in the value for money assessment, as is likely to be the case here, in particular the impact on reputation and behaviours of either action or
inaction. Accountable Officers are always urged to treat these factors with caution and when they are in play there is usually, as noted above, resonance with propriety. 

Feasibility: This test is normally reserved for governments ability to practically deliver on its initially intended course, but there is some relevance here too. In particular, whether that intended course can continue to be carried out both effectively and credibly and is likely to be successful in securing its initially intended result at reasonable cost. Where either or both are in doubt, again there is a risk to whether this test can continue to be met. It is worth noting that there are clear
overlaps with value for money and/or propriety here. These four tests must be taken and considered together and the overall judgement is
whether the Accountable Officer can confidently defend spending (or further spending) as a satisfactory use of public resources and do so in a dispassionate fashion. It is also important to carry out this test periodically as circumstances change, rather than rely simply on the initial judgement, in particular if one or more of the four tests no longer complies with the standards expected and/or there is a material change that calls into doubt that initial assessment.

Annex C  Judicial Review  (Day One plus seven illustrative handling plan)

Day One Thursday, January 3

12noon. Communication between Counsel or SGLD and Levy and MacRae notifying SG position.

Immediate release of statement to Press Association. Immediate statement on SG website.

Immediate internal communications statement on Saltire. 

Other actions
Reactive media calls to be handled by News desk but nothing to issue before following process outlined below.

All calls to be logged by News desk no initial response given. 4pm – All calls to be taken in to central hub discussion attended by Communications SGLD and HR. This to ensure consistency across replies and due consideration given to consequences of responses.

All subsequent responses and to whom to be logged by News desk.

A previously cleared Q and A will be held by Communications upon which to draw for responses or to build on for  responses.

Consideration to be given to movements of FM and Perm Sec on the day, as well as that of named key players who may also be approached by media. Support to be offered by Communications.

Bids Permanent Secretary not to undertake bids. Statement sets out position.

Duty Communications  Officers on duty over the period will not handle calls on this matter. They will forward any calls directly to either or who will work shifts handling duty calls in the initial period.

Day Two Friday January 4

Consideration to be given to movements of FM and Perm Sec on the day, as well as that of named key players who may also be approached by media. Support to be offered by Communications.

Media monitoring pull together press cuts.

9am Meeting to consider media reaction, next steps.

12noon Communications meeting to consider lines

4pm Communications meeting to consider lines.

Duty to route any queries about the above to in the first instance

Day Three Saturday Jan 5

Consideration to be given to movements of FM and Perm Sec on the day, as well as that of named key players who may also be approached by media. Support to be offered by Communications.

10am Conference call to assess coverage and any next steps.

Duty to route any queries about the above to in the first instance.

Day Four Sunday Jan 6

Consideration to be given to movements of FM and Perm Sec on the day, as well as that of named key players who may also be approached by media. Support to be offered by Communications. 

10am Conference call to assess coverage and any next steps.

Duty to route any queries about the above to in the first instance.

Day Five Monday Jan 7

Consideration to be given to movements of FM and Permanent Secretary on the day, as well as that of named key players who may also be approached by media. Support to be offered by Communications. 

9am Meeting in SAH to discuss coverage.

Mid-morning FM is in Perth to announce additional funding for Tay Cities. Media attendance will be considered in advance in discussion with FMPO and Spads on Thurs, Jan 3 or Fri Jan 4. 

12noon Communications meeting to consider lines. 

4pm Communications meeting to consider lines.

Day Six Tuesday Jan 8

Consideration to be given to movements of FM and Perm Sec on the day, as well as that of named key players who may also be approached by media. Support to be offered by Communications.

Media monitoring pull together press cuts.

9am Meeting in SAH to discuss coverage.

12noon Communications meeting to consider lines.

4pm Communications meeting to consider lines. Duty to route any queries about the above to in the first instance

Day Seven Wednesday Jan 9

Consideration to be given to movements of FM and Permanent Secretary on the day, as well as that of named key players who may also be approached by media. Support to be offered by Communications.

Media monitoring pull together press cuts.

9am Meeting in SAH to discuss coverage

12noonCommunicationsmeeting to consider lines

4pm Communications meeting to consider lines.

Duty to route any queries about the above to in the first instance

Day Eight Thursday, January 10

Meeting to consider lines. Duty to route any queries about the above to in the first instance

Comment: on the report:

It may or may not be important to remember that in December 2018, when this report was produced, Salmond still hadn’t been charged by the police – that didn’t happen until the middle of January 2019.

Had the Scottish Government been advised in October that its prospective case in the judicial review was untenable, its last hope of avoiding either an embarrassingly comprehensive defeat or an almost equally embarrassing climbdown would have been if some other events had overtaken the judicial review and caused it to be shelved. Events such as, purely illustratively, a criminal prosecution.

Was the Scottish Government advised to concede the case in October 2018, but kept stalling and spending money in the hope of dragging it out until a criminal prosecution took the judicial review off the table entirely? This document doesn’t tell us.

But such a strategy would presumably have been quite poorly received by its legal advisers, whose hard-won reputations would be at stake if they were asked to present such a laughable case in front of a senior judge like Lord Pentland.

(And we know it was a laughable case because Alex Salmond was awarded costs on the almost unprecedented punitive “agent and client” basis, reflecting the court’s anger at having its time wasted.)

Does anything in the document tell us how counsel felt?

The short, innocuous-looking paragraph above is in fact probably the most explosive unredacted revelation in the whole document. Because what it says is that the Scottish Government’s legal counsel had given it an ultimatum – “concede this case or we quit”.

Such a step is almost unheard of. For a pair of QCs to walk away from a client rather than be humiliated (or worse) in court would be an event of earthquake proportions – especially when that client was a government.

And yet here it is, in unredacted black and white. The Scottish Government’s counsel could no longer endure the case they were being asked to present in court, and was forced to deliver a threat to its own client.

(Dunlop was perhaps already rather stung after having had to repeatedly and painfully apologise to the court because he’d been misinformed by his employers.)

And yet we’re expected to believe that these learned people, charging hundreds or thousands of pounds an hour, had been strung along at public expense for months on end without being told absolutely key facts, which were known to everyone else and their dog who was involved.

It’s not hard to see why this document was released two days before Christmas. But as we say, we’re only guessing about what all the bits we’re not allowed to see could contain. So perhaps, as a light-hearted festive parlour game, readers could offer some more innocent explanations in the comments below. (Wings over Scotland)

Events in 2019

03 Jan: The Alex Salmond legal team advised the court of their intention to call civil servants to give evidence under oath. An out of court discussion took place between the two legal teams about an evidence session planned for 07 Jan in the course of which civil servants reporting direct to Sturgeon would be required to give evidence to the court under oath. Later that day the Scottish Government conceded.

08 Jan: The Scottish Government defense team admitted at court that there had been a significant level of inappropriate direct personal contact between Mackinnon and the complainants and that this had resulted in procedural errors being incurred and that the process of soliciting the complaints from two women “bordered on an encouragement by Mackinnon, to proceed with formal complaints against Alex Salmond.” In his final statement, the Judge rebuked the Government and instructed that the matter should be considered closed. Costs of the proceedings (possibly around £500K) were charged to the government.

Evans later admitted the government’s handling of the investigation had been unlawful and had the appearance of bias because it was led by a senior personnel official, Mackinnon, who had had prior contact with both complainants.

Afternote: 15 Sep 2020:  Answering a question Allison denied Evans had sent her an email message “We may have lost the battle, but we will win the war.” not long after Alex Salmond had won the judicial review. She later corrected the record in a letter she wrote to the Inquiry Committee saying:

“I answered to the best of my recollection, which was that I had not received the message. The message in question was dated over 18 months previous, and I was on holiday at the time at which it would have been sent. “However, the committee did not seem satisfied with my response and I wrote to the Committee on 21 September advising that I would ask for a further search for this message to be carried out. I asked the Crown Office and Procurator Fiscal’s Service to provide me with a copy of the material which they retrieved from my mobile phone in the context of the criminal trial. I received that material on 23 October. That material confirms that I did indeed receive the message. I would like to take the opportunity to correct the unintended inaccuracy in my previous statement. I received this message on 8 January 2019 “Thanks, Barbara – battle may be lost but not the war. Hope you are having a lovely & well-deserved break. L.”  I sent a reply on the same date. “Thanks Leslie. It is lovely here. My mind and thoughts are with you all there tho. Best wishes. Bx.”  Allison went on to admit that she had retained messages on her phone relating to the investigation from 2017 but could not say why she had deleted the text from Evans.

Police Scotland stated that the allegations had been referred to them by Evans representing the Scottish Government and an inquiry, as to whether there was criminality involved on Alex Salmond’s part, led by DCS Lesley Boal, given the title Operation Diem, had commenced in Sep 2018.  It is not yet known if and when the inquiry will end.

15 Jan: David Clegg: Inside track of how Salmond v Sturgeon row created a political earthquake for the SNP

Sturgeon is being investigated by ethics watchdogs over a series of meetings she held with Alex Salmond while he was the subject of a Scottish Government investigation into sexual harassment claims. The initial meeting was brokered by Sturgeon’s chief of staff Lloyd and Salmond’s former chief of staff Geoff Aberdein. When Lloyd and Aberdein met for coffee on 06 Mar 2018, it was officially a catch-up between two old friends. The pair had worked closely together for seven years as key cogs in the SNP machine that brought Scotland to the brink of independence. But their discussion that afternoon started a chain of events that led to an official standards probe into Scotland’s First Minister, calls for a full parliamentary inquiry and sparked a poisonous civil war at the heart of the SNP.

Aberdein served as chief of staff during Alex Salmond’s time as the first minister, while Lloyd held a variety of senior positions in communications and policy development. When Salmond resigned following defeat in the independence referendum of Sep 2014, Aberdein departed for the private sector and Lloyd took over as Sturgeon’s chief of staff.

But internal party dynamics soured dramatically in the years that followed. By the time of that coffee on 6 Mar, Sturgeon and Salmond – once the closest of political allies – were barely on speaking terms. Salmond’s unpredictable and unhelpful behaviour after resigning office had infuriated Sturgeon. The problem only got worse after he lost his Westminster seat in the June 2017 snap general election. Salmond blamed Sturgeon’s underwhelming campaign for his defeat. Sturgeon was also left embarrassed by risque jokes Salmond made during his Edinburgh fringe show. But the final straw was Salmond’s decision to launch a talk show on Kremlin-backed TV station RT, without consulting Sturgeon.

Meanwhile, the Harvey Weinstein allegations were dominating the international news agenda and Scottish media outlets were beginning to investigate long-standing rumors about Salmond’s conduct with women. This appears to have been the crux of a misunderstanding between the two camps that poisoned relations even further. During the 06 Mar meeting, Lloyd told Aberdein she hoped there was no basis in rumors Salmond was plotting a political comeback. She suggested this would be very difficult given his status on RT. Crucially, she also made reference to the sexual misconduct claims.

We understand Aberdein reported Lloyd’s comments to Salmond. Shortly afterward, Salmond was informed about the Government investigation into claims of sexual misconduct dating back to his time as the first minister and assumed this is what Lloyd had been referring to in the meeting with Aberdein. Lloyd insists she had no knowledge of the Government probe at that stage and was instead referring to questions the press office had been fielding.

What happened next will form the basis of the standards probe being carried out into Sturgeon’s handling of the claims. A meeting between Sturgeon and Salmond was set up via Lloyd and Aberdein. It took place on 02 Apr 2018 in Sturgeon’s Glasgow home. Aberdein and former SNP MSP Duncan Hamilton were there but did not sit in on the meeting. Sturgeon says the first they heard of the Government probe was when Salmond revealed the details. But opponents have criticized Sturgeon’s decision to meet Salmond on two further occasions and take two calls with him despite knowing he was under investigation.

These contacts will be assessed by the independent advisers to the ministerial code of conduct. There are also questions about what Salmond asked of Sturgeon during those meetings and calls. Meanwhile, a separate police investigation into the allegations continued. Whatever the outcome, the saga has caused an irreparable rift between Salmond and Sturgeon that threatens to divide the wider independence movement.

25 Jan: Peter Murrell, Chief Executive of the SNP and husband of Sturgeon is an active user of internet social media and exchanging information and views with a group of  “WhatsApp” friends. In a message sent on 25 January 2019, the day after Alex Salmond was first charged with multiple sexual assaults, he posted two messages:

(1): “Totally agree folk should be asking the police questions a report is now with the Procurator Fiscal on charges leaving the police twiddling their thumbs. So it would be a good time to be pressurizing them. Would also be good to know that the Metropolitan Police are looking into events in London.”

(2): To be honest the more fronts Salmond is having to fire-fight on the better for all complainers. So Crown Prosecution Service action would be a good thing.”

Afternote: Following his acquittal of all charges Alex Salmond claimed that there had been an internally led SNP conspiracy against him. These messages from the Chief Executive Officer of the Party give credence to the claims.

Murrell also claimed to know nothing of the content of discussions at two meetings between Sturgeon and Alex Salmond about the alleged assaults despite them being held in his home in Glasgow. He insisted Sturgeon had told him she could not discuss the details of the meetings but they were held to discuss SNP business and as such he had every right to know what was going on. His account does not ring true.

In recent months there has been growing unrest within the Party about the conduct of the small cliche at its head who have been actively changing internal rules to prevent Sturgeon’s critics from being selected ahead of the 2021 Scottish General Election. But the behavior backfired when elections to the NEC returned a majority of new officers who are not in support of the Sturgeon Murrell agenda. It appears that Peter Murrel will be subjected to a vote of no confidence very soon.

May:  Lloyd promoted by Sturgeon from Band 3 – with a maximum salary of £84,000 – up two levels to Band 4, increasing her salary by 25%, from £83,000 to £104,000  a staggering £21,000 increase. A reward for blind loyalty?

Events in 2020

04 Aug:  Nicola Sturgeon provided a statement to the inquiry. This is attached, in full. It reads:

I refer to your letter of 7 July. Please treat this covering reply and attached annexes as my response to the questions posed in your letter.

With regard to paragraph 5 of Annex B of your letter, noting that “the Committee and all participants must comply with the court order made by the Lord Justice Clerk, Lady Dorrian, on 10 March 2020”, I have excluded from this letter any information that, as far as I am aware, might disclose the identity of any of the complainers in HMA v AEA Salmond.

However, I do not know if my submission would pose a risk in ways I am not aware of, or if other evidence submitted would risk jigsaw identification.

Therefore, prior to publication of all or part of this submission, I would like assurance on the steps the Committee has taken to ensure that nothing in it, either on its own or taken together with anyone else’s evidence, would risk identification.

The Committee previously asked me to retain all information relevant to the Inquiry. I enclose at Annex B a transcript of WhatsApp messages between myself and Alex Salmond.

This is the only information I hold relevant to the Committee’s Inquiry. I have no objection, as regards my own interests, to the publication of these messages in full.

However, I seek an assurance from the Committee that any issues relating to Alex Salmond’s data rights or legal privilege will be properly considered before publication, including whether his consent is required.

Subject to the above, I will be happy to discuss any aspect of my response with the Committee in an oral session. I have structured my response in line with your paragraph headings.

Please note that any and all involvement I had in my capacity as First Minister in the Complaints Policy Development, Complaints Handling Procedure and Judicial Review – and any relevant documentation in respect thereof – will be included in the Scottish Government’s submissions to the Committee.

The information I provide in this response relates to my actions in a party/personal capacity. This includes my decision to advise the Permanent Secretary of information I acquired in my party/ personal capacity, where I considered that the interests of the Scottish Government required it.

I refer in this submission to the letter I wrote to the Permanent Secretary on 6 June 2018. A copy of this should be requested from the Scottish Government.

COMPLAINTS POLICY DEVELOPMENT

As a personal reflection and for context, the development of the Scottish Government’s “Handling of harassment complaints involving current or former Ministers” (hereinafter referred to as “the Procedure”) took place against the backdrop of the #MeToo movement, which started in late 2017 in the wake of allegations extending back over several years about certain high profile individuals.

The concerns being expressed globally at that time were that too many organizations did not have procedures in place that allowed allegations of sexual harassment to be raised or properly investigated; that women’s voices were often not heard or listened to; that organizations too often closed ranks in defense of men accused of inappropriate behaviour; and that it could be particularly difficult for ‘historic’ allegations to be raised.

The media had also reported concerns about the prevailing culture in Holyrood. The Scottish Government was just one of many organizations across the globe confronted with these questions at that time, and considering its procedures and culture in light of them.

You will also recall that a Scottish Government minister resigned in early November 2017 over concerns about sexually inappropriate conduct.

As First Minister, I wanted to ensure that the Scottish Government had robust procedures in place to allow any concerns or complaints by those in its employment to be properly and fairly considered, without fear or favour and regardless of the seniority or political affiliation of any individuals who might be the subject of such concerns or complaints.

My role as First Minister in the development of the Procedure will be set out in the Scottish Government’s submission to the Committee. Any involvement in my role as First Minister will be included in the Scottish Government submission on the handling of the complaints. I provide further information on a personal/party capacity in Annex A.

JUDICIAL REVIEW

The detail of my involvement in decisions associated with the Judicial Review will be set out in the Scottish Government’s submission to the Committee.

MINISTERIAL CODE

The Committee is aware that I have made a self-referral to the independent panel of advisers on the Ministerial Code. However, I address the requests in this section in Annex A to this letter. Annex B includes communications in the form of WhatsApp messages between me and Alex Salmond. My letter to the Permanent Secretary dated 6 June 2018 should be requested from the Scottish Government.

PARTY POLITICAL MATTERS

I had no communication with the SNP relevant to the subject matter of the Committee’s inquiry, other than approving the party’s public comments after the matter became public in August 2018.

My husband was obviously aware of Alex Salmond’s presence in our home on 2 April and 14 July 2018, but he was not present at the meetings and I did not share the detail with him.

As I outline in Annex A, when I agreed to meet with Alex Salmond on 2 April 2018, I believed that what he was about to tell me may require a public response from the SNP. Indeed, I suspected that he may be about to resign from the SNP. In the event, it was clear to me at the 2 April meeting that his approach to handling the matter was not likely to result in it becoming public at that stage.

Accordingly, there was nothing for me to alert the SNP to, and it was not appropriate for me to disclose the fact or detail of the complaints and investigation under the Procedure. In relation to ensuring that there is a clear distinction between my role as First Minister and my role in the SNP, I have regard to the terms of both the MSP and Ministerial Codes of Conduct.

My Special Advisers abide by the terms of the Special Advisers’ Code of Conduct and the Civil Service Code. In relation to the question about Scottish Government communication and records, this is covered by Scottish Government procedures on the recording and retention of information.

The SNP communicates with its post holders in normal ways – including meetings, emails, and phone calls. The safeguard to ensure this is distinct from government communications is the relevant Codes that MSPs, Ministers, and Special Advisers are bound by. To be clear, members of the public often email my SNP or MSP accounts about government business, and I forward these to my ministerial private office.

On any other occasions when I email my ministerial private office or special advisers from my personal email – eg with diary queries or information requests – these will be to a Scottish Government email account and retained in line with standard procedures. And all government business, no matter the platform/medium it is conducted on/through, is subject to Freedom of Information legislation.

CULTURE

I had no general concerns at the time about Scottish Government culture from 2008- 14, and certainly not about sexual harassment. However, the government is a high-pressure environment.

Alex Salmond could be challenging to work for and, rightly, he demanded high standards. However, I was present on some occasions when tense situations had to be defused. Certain matters that I have become aware of through the events of the last couple of years raise – retrospectively – some other concerns. I have no general concerns about the culture of the Scottish Government now.

However, I am not complacent about the potential for instances of inappropriate behaviour within a large organization. That is why it is important to have clear and robust procedures in place which, subject to any views of this Committee on the Procedure, I believe to be the case. I have no comment to make on the adequacy of the Civil Service Code. I give some personal reflection on the Ministerial Code in Annex A – however, the adequacy of it is a matter the independent panel will be able to consider.

CONCLUSION

In conclusion, I would like to add the following personal reflections. The Committee will be considering the Scottish Government’s handling of complaints raised under the Procedure. That is, of course, legitimate. However, the Scottish Government would have had nothing to ‘handle’ had complaints not been raised about Alex Salmond’s conduct.

It was the concerns raised about his conduct – an aspect of which, by his own admission, he apologized for – that gave rise to this matter. In my view, when these complaints were raised, the Scottish Government had a duty to investigate them, and the fact that a mistake was made in the conduct of the investigation does not change that fact. To have swept them under the carpet because of who they related to would have been wrong.

As far as my personal involvement is concerned, over the last couple of years, I have faced accusations of ‘conspiring’ against Alex Salmond and also of ‘colluding’ with him. I reject in the strongest possible terms both of these suggestions. Indeed it seems to me that what some want to present as ‘conspiracy’ is in actual fact my refusal to ‘collude’ or ‘cover-up’.

In what was a very difficult situation – personally, politically, and professionally – I tried to do the right thing. Whether I always got it absolutely right is something I still reflect on, and the Committee will consider, but I sought all along to act in good faith and to strike the right balance of judgment given the difficult issues I was confronted with.

In the light of the #MeToo movement, I sought to ensure that the Scottish Government developed a process that allowed allegations of sexual harassment – including allegations of a historic nature – to be fully and fairly considered.

I did not do this because I had a concern (as set out in Annex A) that allegations about my predecessor could materialize. But nor did I, in any way, allow such concern to lead me to limit the scope of the procedure. I agreed to meet a friend of 30 years when I was told he was in distress and wanted to talk to me about a serious matter.

And it is certainly the case that I was anxious to prepare my Party as far as possible for an issue that, at different stages, I thought could be about to become public. However, I did not seek to prevent or influence the proper consideration of the complaints.

For the sake of the complainers, the Scottish Government, and indeed Alex Salmond himself, I acted in a way that I judged would best protect the independence and confidentiality of the investigation. However, when I became aware of a serious risk of legal action against my government, I felt I had a duty to make the Permanent Secretary aware of it.

My view throughout was that complaints must be properly and fairly considered, no matter who the subject of them might be, or how politically inconvenient the investigations may be.

And that remains my view, even though the circumstances and consequences of this particular investigation have caused me – and others, in many cases to an even greater extent – a great deal of personal anguish, and resulted in the breakdown of a relationship that had been very important to me, politically and personally, for most of my life. Lastly, since August 2018 I have taken care to say nothing that could compromise other proceedings, including the Committee’s inquiry – even though that has meant being unable to say more about my own actions or challenge misrepresentations about them. (Nicola Sturgeon 4 August 2020)

Afternote: According to her written statement provided to the inquiry and finally published last week, by the time drafting of the complaints procedure began in early November 2017, Nicola Sturgeon knew that allegations against Salmond were coming. She was, she says, told then about “allegations of sexual misconduct on the part of Alex Salmond”. She continues: “I spoke to Mr. Salmond about this allegation at the time. He denied it…” She was therefore well aware that the new complaints procedure being drafted then by her civil servants was likely to be dealing in due course with complaints against Salmond. Again, she says so in terms: “All of the circumstances surrounding this episode left me with a lingering concern that allegations about Mr. Salmond could materialize at some stage.” As a result, according to Sturgeon’s own account: “I sought to ensure that the Scottish Government developed a process that allowed allegations of sexual harassment – including allegations of a historic nature – to be fully and fairly considered.” She concludes: “I did not do this because I had a concern … that allegations about my predecessor could materialize. But nor did I, in any way, allow such concern to lead me to limit the scope of the procedure.” As is now obvious, both of these claims are simply untrue. Sturgeon did instruct that the procedure was to be developed in the way it was so that it could deal with her “concern” about Salmond. She did “limit the scope of the procedure” because of that concern. She ensured that her Government “developed a process” such that Alex Salmond’s fate would be decided, to all appearances at least, by unelected civil servants. She “limited the scope” of the procedure by removing herself completely from it. There is simply no other reasonable explanation for why the procedure changed so dramatically in December 2017. So, although it seems unaccountable to many, there’s really no mystery as to why Sturgeon continues to stand by her hapless civil servants as more and more shocking detail comes to light about their unlawful work on her behalf. Every unlawful thing those civil servants did was done by them so that Sturgeon would not have to do it herself. It was done so that she could plausibly deny, as she does to this day, that she had anything to do with it. These servants of hers have already, quite rightly, taken a great deal of criticism for their bad faith and incompetence, and as the inquiry continues, they can surely expect a great deal more. The unswerving loyalty of the person who set them up for this fall is, we should grant, the very least they can expect from her. (https://gordondangerfield.com/2020/10/11/salmond-inquiry-the-blunder-that-gives-the-game-away)

First Draft Procedure prepared by James Hynd

Handling of sexual harassment complaints against former Ministers

01. The Fairness at Work policy sets out the Scottish Government’s commitment, as an employer,
to provide a workplace free from unfair discrimination and to ensure the fair treatment of staff. The policy and associated procedures are being reviewed to ensure that they provide the necessary assurance to staff that complaints of any sort, including complaints of sexual harassment, will be given full and fair consideration.

02: The Fairness at Work policy does not deal directly with the handling of complaints raised by
staff in relation to former Ministers. This note sets out how complaints of this sort should be handled. In doing so, it acknowledges that these complaints are likely to be historical and that the nature of the relationship between the civil service and the former Minister will have changed (for example, former Ministers are no longer covered by the terms of the Scottish Ministerial Code). While these factors may place limitations on how a complaint may be considered or resolved, it remains important that complaints of this type receive equal consideration and that all necessary support is provided to the staff member.

03: Where a member of staff wishes to make a complaint against a former Minister the following
process will be used as a guide to take the issue forward:

04: Sources of Advice:

04.1: In considering how to proceed, the staff member may wish to speak to a senior line manager, up to and including their DG or if a member, a Trade Union.

05: Making a Complaint

05.1: At all times the staff member is free to make a complaint directly to the Police. Any Police investigation or criminal proceedings will take priority over any internal SG complaint handling process, although we will continue to offer support to the staff member. (If at any point it becomes apparent to the SG that criminal behaviour might have occurred, the SG will bring these matters directly to the attention of the Police.)

05.2: Where the staff member wishes to make a complaint they should provide as much information as possible about the matter to the (Director of The People Directorate), including details of possible witnesses. The (Director of The People Directorate) will either:

05.2.1: nominate a member of the SCS who has had no prior involvement in any aspect of the complaint, or.

05.2.2: If the member of staff prefers, pass the complaint to the SG’s external complaint procedure.

05.3: The role of Senior Civil Servant or external complaint service will be to review the
circumstances of the complaint and to discuss with the staff member how they wish the
complaint to be handled. Any serving SG members of staff identified as possible witnesses will
be interviewed at this stage.

06: Following this stage, the Senior Civil Servant/external complaint service will discuss their
findings with the staff member. At this point, their choices include:

06.1: Asking that a formal note of the complaint is recorded without further action. The SG
may, however, decide that some form of follow up action requires to be taken:, or

06.2: Indicating that they wish the complaint to be put to the former Minister and for
interviews to be held with any witnesses no longer in the SG.

07: The Permanent Secretary will be advised at that point about the nature of the complaint and
whether the matter is being taken up with the former Minister in question. If the former Minister is
a member of the Party of the current Administration the First Minister will also be advised.

08: If the former Minister agrees to cooperate, they will be provided with details of the complaint
and interviewed by the Senior Civil Servant/external complaint service. Any non-SG witnesses will also be invited to be interviewed at this time.

09. A report will then be prepared for the Permanent Secretary setting out the information that
has been obtained during the above process. The Permanent Secretary will consider the report from the perspective of ensuring the welfare and support arrangements for the staff member.

10. If the former Minister is a member of the Party of the current Administration the First Minister
will consider the report from the perspective of the actions of the former Minister. issues:

 Sharing of the report with the complainant and former Minister?

 Will complainant/SG be advised of any action against former Minister?

 An appeal by the complainant to a DG?

11. If the former Minister declines to engage with the process they will be advised that a
complaint against them in the terms set out by the complainant will be formally recorded within the SG. Where the former Minister is a member of the Party of the current Administration the First Minister will be advised and will consider the matter from the perspective of the actions of the former Minister

The Final Procedure.

Handling of Harassment Complaints Involving Current or Former Ministers. 

Initial contact

01: An individual may choose to raise an issue involving a current or former Minister through a number of mechanisms. These may include a trusted senior manager, direct to HR, or a Trade Union representative. If the approach is made through these routes it should be escalated to the Director of People for consideration and so that sources of support can be offered to the individual.

02: At this early point, it will be important to support the individual to consider the outcome they are seeking. At this point the staff member’s choices include:

02.1: Asking that their concern is acknowledged but without further action being taken, in order to recognize their experience and to assist our organizational commitment helping to prevent the circumstances from arising again (although, as set out at note (ii) below, the SG may require to take follow up action where deemed necessary in light of the concern being raised). The details of the concern, along with the staff member’s decision not to proceed with a formal complaint, will be held on file; or: 2.2 Indicating that they wish to make a formal complaint.

Formal complaints against current Scottish Government Ministers.

03: The Scottish Ministerial Code sets out the general principle that Scottish Ministers are expected to behave in a way that upholds the highest standards of propriety. Ministers are personally responsible for deciding how to act and conduct themselves in the light of the Code and for justifying their actions to Parliament and the public. The First Minister is, however, the ultimate judge of the standards of behaviour expected of a Minister, including in their interactions with civil servants, and of the appropriate consequences of a breach of those standards. Ministers can only remain in office for so long as they retain the First Minister’s confidence.

04: Alongside Ministerial responsibilities under the Code, the Scottish Government as an employer has a duty of care to staff. Where a formal complaint of harassment is raised about the conduct of a current Minister, the Permanent Secretary will inform the First Minister. In line with her responsibilities under the Ministerial Code, the First Minister has instructed the Permanent Secretary that complaints of this nature should be investigated using the process set out at
paragraphs 6-8, and to provide a report of the facts as provided by those concerned, or to establish if it is possible to seek a mutually agreed resolution between the parties involved.

05: In situations relating to complaints against a current Minister, the Permanent Secretary will also take appropriate steps to:

(1) Ensure that the staff member making such a complaint receives the necessary support throughout the process:

(2) Put in train any further action that might be required within the civil service as a result of the issues raised by any complaint.

06: In the event that a formal complaint of harassment is received against a current Minister, the Director of People will designate a senior civil servant as the senior officer to deal with the issue. That person will have had no prior involvement with any aspect of the matter being raised. The role of the senior officer will be to undertake an impartial collection of facts from the parties involved, including the Minister and any witnesses, and prepare a report for the Permanent Secretary. The report will also be shared with the staff member and the Minister.

07: The Permanent Secretary will inform the First Minister of the outcome of the investigation. It will be for the First Minister to decide the appropriate response to any complaint about a Minister in light of the report produced following the investigation. The Permanent Secretary will also consider the report and take any actions required within the civil service to protect staff and ensure a positive working environment.

08: Current Ministers will be expected to cooperate fully with such an investigation. If the Minister declines to co-operate with the process the matter will be investigated as far as possible without their involvement. They will be advised of the complaint against them and the outcome of the investigation undertaken. This will be recorded within the SG. The First Minister will be advised where a current Minister has declined to cooperate and will be responsible for any further action.

09: Where a formal complaint of harassment is raised against the First Minister, the Permanent Secretary will instigate an investigation as set out above in line with the employer’s duty of care to its staff and to assist the First Minister in discharging their responsibilities under the Code. The Permanent Secretary may draw upon the Independent Advisers on the Ministerial Code (the Rt. Hon. Dame Elish Angiolini QC DBE or James Hamilton) to reach a view on whether the First Minister has been in breach of the Code. The Permanent Secretary will take any action necessary to protect staff.

Formal complaints against former Scottish Government Ministers

10: In the event that a formal complaint of harassment is received against a former Minister, the Director of People will designate a senior civil servant as the senior officer to deal with the issue. That person will have had no prior involvement with any aspect of the matter being raised. The role of the senior officer will be to undertake an impartial collection of facts, including written statements from the complainant and any witnesses, and to prepare a report for the Permanent
Secretary.

11: If the Permanent Secretary considers that the report gives cause for concern over the former Minister’s behaviour towards current or former civil servants the former Minister should be provided with details of the complaint and given an opportunity to respond. The former Minister may wish to provide a statement setting out their recollection of events to add to the record. They may also request that statements are taken from other witnesses. If additional statements are collected the senior officer will revise their report to include this information and submit this to the
Permanent Secretary. The Permanent Secretary will consider the revised report and decide whether the complaint is well-founded. The outcome of the investigation will be recorded within the SG. The Permanent Secretary will also determine whether any further action is required; including action to ensure lessons are learned for the future.

12: For complaints involving a former Minister who is a member of the Party of the current Administration, the Permanent Secretary will inform the First Minister both in this capacity and in their capacity as Party Leader, of the outcome when the investigation is complete. In their capacity as First Minister, they will wish to take steps to review practice to ensure the highest standards of behaviour within their current Administration.

13: Where the former Minister was a member of an Administration formed by a different Party, the Permanent Secretary will inform the relevant Scottish Party leader of the outcome of the investigation and any action taken.

14: The final report will be provided to the staff member and the former Minister.

15: If the former Minister declines to co-operate with the process the matter will be investigated as far as possible without their involvement. They will be advised of the complaint against them and the outcome of any investigation undertaken. This will be recorded within the SG.

16: The First Minister will be advised where a current or former Minister who is a member of the Party of the current Administration has declined to cooperate and will be responsible for any further action.

17: Where the former Minister was a member of an Administration formed by a different Party, the Permanent Secretary will inform the relevant Scottish Party Leader of the outcome of the investigation and that the former Minister has declined to cooperate. It will be the responsibility of the Party to consider any further action.

Note:
(i) At all times the staff member is free to make a complaint directly to the Police. SG will co-operate fully with any Police investigation or criminal proceedings and may continue to investigate the complaint without awaiting the outcome of criminal proceedings. We will continue to offer support to the staff member.

(ii) Throughout the process, all available steps to support the staff member and ensure they are protected from any harmful behaviour. However, if at any point it becomes apparent to the SG that criminal behaviour might have occurred the SG may bring the matter directly to the attention of the Police. Also, if it becomes apparent that the matter being raised is part of a wider pattern of behaviour it may be necessary for the SG to consider involving the Police in light of the information provided. Should either of these steps be necessary the staff member will be advised and supported throughout. (Scottish Government December 2017)

Formal investigation of allegations of breaches of the Ministerial Code of Conduct by the First Minister

This is a submission from Alex Salmond to James Hamilton made following the latter’s repeated request that Alec assist in his examination of possible breaches of the Ministerial Code by the First Minister.  The submission was also shared with the Parliamentary Committee due to its relevance to Phase Four of their Inquiry into complaints handling by Civil Servants, Government Ministers and Special Advisers.  WhatsApp messages between Alex and Nicola Sturgeon had been previously provided to the Parliamentary Committee and did not form part of the submission, with the exception of a message dated 13th July 2018 which was attached unredacted at, (Appendix A)

Terms of Reference for Mr Hamilton framed to deliver a not guilty verdict – Alex Salmond Wrote

Mr Hamilton wrote to me on 8th September, 29th October, 16th November, 4th and 19th December. I replied on 6th and 17th October, 23rd November and 23rd December.

I finally agreed under some protest to make this submission. The reason for my concern is that the remit drawn up for Mr Hamilton focuses on whether the First Minister intervened in a civil service process.

As I have pointed out to Mr Hamilton, I know of no provisions in the Ministerial Code which makes it improper for a First Minister to so intervene.

To the contrary, intervention by the First Minister in an apparently unlawful process (subsequently confirmed by the Court of Session) would not constitute a breach precisely because the First Minister is under a duty in clause 2.30 of the Ministerial Code to avoid such illegality on the part of the Government she leads.

Further, to suggest intervention was a breach would be to ignore and contradict the express reliance of the procedure on the position of the First Minister as the leader of the party to which the former minister was a member in order to administer some unspecified sanction.

It will accordingly be a significant surprise if any breach of the Ministerial Code is found when the terms of reference have been tightly drafted by the Deputy First Minister to focus on that aspect of the First Minister’s conduct.

By contrast, I have information which suggests other related breaches of the Ministerial Code which should properly be examined by Mr Hamilton.

I have asked that he undertake that investigation. I have drawn his attention to the apparent parliamentary assurance from the First Minister on 29th October 2020 that there was no restriction on Mr Hamilton preventing him from doing so.

Mr Hamilton has failed to give me a clear response as to whether these related matters relevant to the Ministerial Code, but out with the specific remit, are going to be considered.

However, in his letter of 4th December he did indicate that he was inclined to the view that such matters could be considered and will take into account arguments for their inclusion. It is on that basis I make this submission.

In doing so, I would note that it does not serve the public interest if the independent process of examination of the Ministerial Code (which I introduced as First Minister) is predetermined, or seen to be predetermined, by a restrictive remit given by the Deputy First Minister.

A restricted investigation would not achieve its purpose of genuine independent determination and would undermine confidence in what has been a useful innovation in public accountability.

I would accordingly urge Mr Hamilton to embrace the independence of his role and the express assurance given to the Scottish Parliament by the First Minister that he is free to expand the original remit drafted by the Deputy First Minister and to address each of the matters contained in this submission.

Breaches of the Ministerial Code.

Beyond the terms of the remit set for Mr Hamilton by the Deputy First Minister, there are other aspects of the conduct of the First Minister which, in my submission, require scrutiny and determination in relation to breaches of the Ministerial Code.

I was contacted by phone on or around 9 March 2018 and further the following week by Geoff Aberdein, my former Chief of Staff. The purpose of the contact was to tell me about meetings he had held with the First Minister’s Chief of Staff, Liz Lloyd, at her request.

In the second of these meetings she had informed him that she was aware of two complaints concerning me under a new complaints process introduced to include former Ministers. She named one of the complainers to him. At that stage I did not know the identity of the other complainer.

On receipt of the letter from the Permanent Secretary first informing me of complaints on 7th March 2018 I had secured Levy and McRae as my solicitors and Duncan Hamilton, Advocate and Ronnie Clancy QC as my counsel.

Even at this early stage we had identified that there were a range of serious deficiencies in the procedure. There was no public or parliamentary record of it ever being adopted. In addition it contained many aspects of both procedural unfairness and substantive illegality.

There was an obvious and immediate question over the respect to which the Scottish Government even had jurisdiction to consider the complaints. In relation to former Ministers (in contrast to current Ministers) it offered no opportunity for mediation. The complaints procedure of which I was familiar (‘Fairness at Work’) was based on the legislative foundation of the Ministerial Code in which the First Minister was the final decision maker.

I wished to bring all of these matters to the attention of the First Minister. I did not know at that stage the degree of knowledge and involvement in the policy on the part of both the First Minister and her Chief of Staff.

Mr Aberdein had been asked by Ms Lloyd to be her contact with me and they jointly arranged a meeting with the First Minister in the Scottish Parliament on 29th March 2018. This meeting was for the purpose of discussing the complaints and thereafter arranging a direct meeting between myself and the First Minister.

There was never the slightest doubt what the meeting was about. Any suggestion by the First Minister to the Scottish Parliament (Official Report, 8th October 2020) that the meeting was ‘fleeting or opportunistic’ is simply untrue.

It was agreed on the 29th March 2018 at the meeting in the Scottish Parliament attended by Mr Aberdein and the First Minister that the meeting between myself and the First Minister would take place on 2nd April at her home near Glasgow. Self-evidently only the First Minister could issue that invitation to her private home.

In attendance at the meeting on 2nd April 2018 were Mr Aberdein, Mr Hamilton, Ms Lloyd and myself. The First Minister and I met privately and then there was a general discussion with all five of us.

My purpose was to alert the First Minister to the illegality of the process (not being aware at that time of her involvement in it) and to seek an intervention from the First Minister to secure a mediation process to resolve the complaints.

I was well aware that under the Ministerial Code the First Minister should notify the civil service of the discussion and believed that this would be the point at which she would make her views known. The First Minister assured us that she would make such an intervention at a appropriate stage.

On 23rd April 2018, I phoned the First Minister by arrangement on WhatsApp to say that a formal offer of mediation was being made via my solicitor to the Permanent Secretary that day. In the event, this offer was declined by the Permanent Secretary, even before it was put to the complainers.

By the end of May, it was becoming clear that the substantial arguments my legal team were making in correspondence against the legality of the procedure were not having any impact with the Permanent Secretary.

My legal team advised that it was impossible properly to defend myself against the complaints under such a flawed procedure. They advised that a petition for Judicial Review would have excellent prospects of success given the Government were acting unlawfully.

However I was extremely reluctant to sue the Government I once led. I wanted to avoid the damage both to the Scottish Government and the SNP which would inevitably result. To avoid such a drastic step, I resolved to let the First Minister see the draft petition for Judicial Review. As a lawyer, and as First Minister, I assumed that she would see the legal jeopardy into which the government was drifting. I therefore sought a further meeting.

On 1st June 2018 the First Minister sent me a message which was the opposite of the assurance she had given on the 2nd April 2018 suggesting instead that she had always said that intervention was “not the right thing to do”.

That was both untrue and disturbing. On 3rd June 2018 I sent her a message on the implications for the Government in losing a Judicial Review and pointing to her obligation (under the Ministerial Code) to ensure that her administration was acting lawfully and (under the Scotland Act) to ensure that their actions were compliant with the European Convention.

The First Minister and I met in Aberdeen on 7th June 2018 when I asked her to look at the draft Judicial Review Petition. She did briefly but made it clear she was now disinclined to make any intervention.

My desire to avoid damaging and expensive litigation remained. My legal team thereafter offered arbitration as an alternative to putting the matter before the Court of Session. That proposal was designed to offer a quick and relatively inexpensive means of demonstrating the illegality of the procedure in a process which guaranteed the confidentiality of the complainers.

It would also have demonstrated the illegality of the process in a forum which would be much less damaging to the Scottish Government than the subsequent public declaration of illegality.

I was prepared at that time to engage fully with the procedure in the event my legal advice was incorrect. In the event, of course, it was robust. I explained the advantages of such an approach to the First Minister in a WhatsApp message of 5th July 2018.

I received a message via Geoff Aberdein from her Chief of Staff Liz Lloyd (the initial the First Minister has redacted from my relevant WhatsApp message is “L”) on the 13th July 2018 that the First Minister wanted to see me again and we met once again at her house at her request the following day, 14th July 2018. This is shown at Appendix A.

There was no-one else at this meeting. She specifically agreed to correct the impression that had been suggested to my counsel in discussions between our legal representatives that she was opposed to arbitration. I followed this up with a WhatsApp message on the 16th July 2018.

On 18th July 2018 the First Minister phoned me at 13.05 to say that arbitration had been rejected and suggested that this was on the advice of the Law Officers. She urged me to submit a substantive rebuttal of the specific complaints against me, suggested that the general complaints already answered were of little consequence and would be dismissed, and then assured me that my submission would be judged fairly.

She told me I would receive a letter from the Permanent Secretary offering me further time to submit such a rebuttal which duly arrived later that day. As it turned out the rebuttal once submitted was given only cursory examination by the Investigating Officer in the course of a single day and she had already submitted her final report to the Permanent Secretary.

My view is now that it was believed that my submission of a rebuttal would weaken the case for Judicial Review (my involvement in rebutting the substance of the complaints being seen to cure the procedural unfairness) and that the First Minister’s phone call of 18th July 2018 and the Permanent Secretary’s letter of the same date suggesting that it was in my “interests” to submit a substantive response was designed to achieve that.

In terms of the meetings with me, the only breaches of the Ministerial Code are the failure to inform civil servants timeously of the nature of the meetings.

My view is that the First Minister should have informed the Permanent Secretary of the legal risks they were running and ensured a proper examination of the legal position and satisfied herself that her Government were acting lawfully.

Further once the Judicial Review had commenced, and at the very latest by October 31st 2018 the Government and the First Minister knew of legal advice from external counsel (the First Minister consulted with counsel on 13th November) that on the balance of probability they would lose the Judicial Review and be found to have acted unlawfully.

Despite this the legal action was continued until early January 2019 and was only conceded after both Government external counsel threatened to resign from the case which they considered to be unstateable. This, on any reading, is contrary to section 2.30 of the Ministerial Code.

Most seriously, Parliament has been repeatedly misled on a number of occasions about the nature of the meeting of 2nd April 2018.

The First Minister told Parliament (see Official Report of 8th,10th & 17th January 2019) that she first learned of the complaints against me when I visited her home on 2nd April 2018. That is untrue and is a breach of the Ministerial Code.

The evidence from Mr Aberdein that he personally discussed the existence of the complaints, and summarised the substance of the complaints, with the First Minister in a pre arranged meeting in Parliament on 29th March 2018 arranged for that specific purpose cannot be reconciled with the position of the First Minister to Parliament.

The fact that Mr Aberdein learned of these complaints in early March 2018 from the Chief of Staff to the First Minister who thereafter arranged for the meeting between Mr Aberdein and the First Minister on 29th March to discuss them, is supported by his sharing that information contemporaneously with myself, Kevin Pringle and Duncan Hamilton, Advocate.

In her written submission to the Committee, the First Minister has subsequently admitted to that meeting on 29th March 2018, claiming to have previously ‘forgotten’ about it. That is, with respect, untenable.

The pre-arranged meeting in the Scottish Parliament of 29th March 2018 was “forgotten” about because acknowledging it would have rendered ridiculous the claim made by the First Minister in Parliament that it had been believed that the meeting on 2nd April was on SNP Party business (Official Report 8th & 10th January 2019) and thus held at her private residence.

In reality all participants in that meeting were fully aware of what the meeting was about and why it had been arranged. The meeting took place with a shared understanding of the issues for discussion – the complaints made and the Scottish Government procedure which had been launched.

The First Minister’s claim that it was ever thought to be about anything other than the complaints made against me is wholly false.

The failure to account for the meeting on 29th March 2018 when making a statement to Parliament, and thereafter failing to correct that false representation, is a further breach of the Ministerial Code.

Further, the repeated representation to the Parliament of the meeting on the 2nd April 2018 as being a ‘party’ meeting because it proceeded in ignorance of the complaints is false and manifestly untrue. The meeting on 2nd April 2018 was arranged as a direct consequence of the prior meeting about the complaints held in the Scottish Parliament on 29th March 2018.

The First Minister additionally informed Parliament (Official Report 10th January 2018) that ‘I did not know how the Scottish Government was dealing with the complaint, I did not know how the Scottish Government intended to deal with the complaint and I did not make any effort to find out how the Scottish Government was dealing with the complaint or to intervene in how the Scottish Government was dealing with the complaint.’

I would contrast that position with the factual position at paragraphs 20 and 27 above. The First Minister’s position on this is simply untrue. She did initially offer to intervene, in the presence of all those at the First Minister’s house on the 2nd April 2018.

Moreover, she did engage in following the process of the complaint and indeed reported the status of that process to me personally.

I also believe it should be investigated further in terms of the Ministerial Code, whether the criminal leak of part of the contents of the Permanent Secretary’s Decision report to the Daily Record was sourced from the First Minister’s Office.

We now know from a statement made by the Daily Record editor that they received a document. I enclose at Appendix B the summary of the ICO review of the complaint which explains the criminal nature of the leak and the identification of 23 possible staff sources of the leak given that the Prosecutor has “sympathy with the hypothesis that the leak came from an employee of the Scottish Government”.

My reasoning is as follows. The leak did not come from me, or anyone representing me. In fact I sought interdict to prevent publication and damage to my reputation. The leak is very unlikely indeed to have come from either of the two complainers.

The Chief Constable, correctly, refused to accept a copy of the report when it was offered to Police Scotland on August 21st 2018 by the Crown Agent. It cannot, therefore have leaked from Police Scotland.

Scottish Government officials had not leaked the fact of an investigation from January when it started.

The only additional group of people to have received such a document, or summary of such a document, in the week prior to publication in the Daily Record was the First Minister’s Office as indicated in paragraph 4.8 of the ICO Prosecutor’s Report. In that office, the document would be accessed by the First Minister and her Special Advisers.

I would be happy to offer further information on this submission.

Rt Hon Alex Salmond
31st December 2020

Afternote

Four members of the Holyrood Inquiry committee followed up on the Alex Salmond letter and wrote to the Deputy First Minister requesting that he formally widen the scope of the Ministerial code investigation to address to resolve concerns pertaining to the wishy washy statements issued from his office that the present remit of the Hamilton investigation was sufficient in its scope. Which was incorrect. Copy attached

 

 

 

14 Jan 2021: Nearing the conclusion

Sky News reporter James Matthews, wrong-footed First Minister, Nicola Sturgeon, at a corona virus briefing asking her to respond to claims from Alex Salmond, in his submission to the Holyrood inquiry that Ms Sturgeon, had misled parliament about her contacts with him while he was being investigated by her officials over alleged sexual misconduct in 2018 and that some of her evidence to MSPs was “false and manifestly untrue” and that she had repeatedly misled parliament.

In response NS said she “did not consider” that she had misled parliament, but it would ultimately be for others to judge. She insisted she took nothing for granted in terms of the trust of the Scottish public, she was not distracted by the row and would, “set out my recollection of events and my account of events and people would then “draw their own conclusions”.

Nicola Sturgeons written submission to the inquiry

NS told the inquiry that she had met AS at her home on 2 April 2018, in her capacity as a party leader – meaning no Government officials were present or minutes taken.

AS claimed NS had arranged the meeting four days earlier, on March 29, in her Holyrood office with his former Chief of Staff, and it was clear that the meeting would discuss the Government’s misconduct probe.

NS said later that she had “forgotten” the March 29 meeting as it had been a busy day at Holyrood.

Matthews probed further and asked NS whose recollection of the March 29, 2018 meeting was correct – hers or Mr Salmond’s.

NS replied saying “These are matters that are under investigation both by a parliamentary committee on inquiry and also by an independent adviser on matters relating to the ministerial code.

The Purpose of the Holyrood Inquiry

The inquiry is looking into how the Scottish Government botched its probe into sexual misconduct allegations made against AS in 2018. AS had the exercise set aside in a judicial review by showing it was flawed from the start and “tainted by apparent bias”, a Government error that left taxpayers with a £512,000 bill for his legal costs after the Scottish Government’s defence of the judicial review collapsed in January 2019.

NS revealed in a letter to the inquiry that she had had three meetings and two phone calls with AS while claims against him were being investigated.

She insisted these were conducted in her capacity as “Party” leader, and were not government business.

In his letter to the inquiry AS wrote: “In her written submission to the Committee, NS belatedly admitted to meeting with Geoff Aberdein, former chief of staff to AS, on 29th March 2018, claiming to have previously ‘forgotten’ about it.

That is, with respect, untenable. The pre-arranged meeting in the Scottish Parliament of 29th March 2018 was “forgotten” about because acknowledging it would have rendered ridiculous the claim made by NS in Parliament that it had been believed that the meeting on 2nd April was on SNP Party business and thus held at her private residence.

In reality all participants in that meeting were fully aware of what the meeting was about and why it had been arranged. The meeting took place with a shared understanding of the issues for discussion – the complaints made and the Scottish Government procedure which had been launched.

The First Minister’s claim that it was ever thought to be about anything other than the complaints made against me is wholly false.”

If true, this would mean Ms Sturgeon broke the ministerial code by deceiving parliament. It would also indicate she became involved in the Government probe, despite insisting she had stepped back from any involvement in case it looked as if she was taking sides.

Mr Salmond has said he is prepared to repeat his claims in person to the inquiry under oath.

21 Jan 2021 The Play on Words

It emerged during AS recent criminal trial, at which he was acquitted of 13 charges of sexual assault, that a meeting took place on 29 March 2018 in the First Minister’s Holyrood office and was attended by NS, a government official and, AS, former chief of staff, Geoff Aberdein.

No evidence was heard at the trial about the content of the 29 March meeting, but Sky News reported that it had viewed a written account indicating the complaints against AS had been discussed, contradicting what NS told the Scottish Parliament. The account stated:

Details of the meeting were recorded during precognition interviews prior to the criminal trial and Mr Aberdein revealed his involvement while giving evidence as a defence witness. He told the court he had been contacted by an aide to Ms Sturgeon in the spring of 2018 and it triggered a series of subsequent meetings.

06 March 2018 – Geoff Aberdein met Nicola Sturgeon’s aide for “a catch up”.

09 March 2018 – During this meeting, Nicola Sturgeon’s aide told Geoff Aberdein of two complaints of alleged misconduct against Alex Salmond.

29 March 2018 – Geoff Aberdein met Nicola Sturgeon in her Holyrood office. A senior Scottish government official was also present. The conversation was around the fact of the complaints, without discussing the specifics of them. There was discussion about the investigation, the process of it, the fact it was a civil service investigation being conducted by civil servants.

02 April 2018 – Nicola Sturgeon met Alex Salmond at her house in Glasgow. She told the Scottish Parliament that this was when he first informed her of the complaints against him. Geoff Aberdein and a senior Scottish government official. were, among others present in the house at the time.

20 Jan 2021: Geoff Aberdein Written Submission to the Inquiry Might be Nullified Since it was Used in the Criminal Trial of AS

The Scottish Parliament inquiry into handling of harassment complaints against Alex Salmond won’t be publishing written submission by Geoff Aberdein, Salmond’s former Chief of Staff, citing legal obligations. (https://twitter.com/jamesmatthewsky)

Afternote:

It is entirely feasible that the Inquiry will decide that NS did not act inappropriately. The play on words being, 29 Mar: “The conversation was around the fact of the complaints, without discussing the specifics of them.” and 02 Apr: “NS met AS at her house in Glasgow. She told the Scottish Parliament that this was when he first informed her of the complaints against him.”

There was discussion about the investigation, the process of it, the fact it was a civil service investigation being conducted by civil servants” directs the the reader to the view that NS told the truth. Specific allegations of misconduct pertaining to AS were not the subject of any conversation since the civil service led investigations had not yet been completed. And the first formal mention of the allegations from AS to NS was on 02 Apr.

 

 

Committee on the Scottish Government handling of Harassment Complaints- Ms Evans, Permanent Secretary – Attendance 12 Jan 2021

Ms Evans was at pains in a series of “testy” answers to questions asked of her by Inquiry members focusing on employment and discipline, that civil servants were her responsibility and accountable, through her to the Cabinet Secretary in London.

Civil servants are therefore employed by the “Crown”. There are no Scottish civil servants and this leads to the conclusion that there is one single set of rules and regulations pertaining to employment law and terms and conditions of employment for all civil servants and any procedural changes, such as the draft produced by James Hynd, Head of Cabinet, Parliament, and Governance, would need to be approved by the Cabinet Secretary in London.

Confirmation of the need for the Cabinet Secretary in London to approve procedural changes was confirmed when Ms Evans allegedly  drafted and sent a letter, around 8 Nov 2017,  to the Cabinet Secretary in London outlining the nature and scope of Mr Hynd’s draft proposals for procedural changes to the civil service code for the handling of sexual harassment complaints.

In reply, an as yet unidentified senior civil servant in the Cabinet Office in London, replied to say that the Cabinet Office was “very uncomfortable to be highlighting a process for complaints about Ministers and former ministers”.

Ms Evans and the Scottish Government was thrown a lifeline from London strongly advising against any widening of the scope of the proposed new guidelines of employee harassment to include former ministers or in this case former First Ministers since this could only rope in Alex Salmond and there was no precedence within the civil service of a formal internal inquiry into the conduct of a senior officer who was no longer in the employ of the state. That so clear a warning was ignored beggars belief.

Although events are unclear any correspondence between the Ms Evans and London must have encouraged her to instruct Mr Hynd to desist from any further development of a retrospective draft lookback procedure and to stick to the remit she had given him on 31 Oct 2017. An instruction that she was forced to withdraw on 17 Nov, following receipt of a “Letter of Instruction” from Nicola Sturgeon.

17 Nov: Liz Lloyd and the First Minister’s Principal Private Secretary (PPS) John Somers decided that an “instruction” would be compiled and sent from the First Minister to Ms Evans providing clarity that consideration of a policy relating to ministers and former ministers was within the scope of the original cabinet commission. And in furtherance of this, after an exchange of emails, the two officers amended the content of the draft “instruction” to ensure it harmonized with the latest draft procedure so that when considering it, it would be clear that the draft policy would scope incidents earlier than 2007. A copy of the final draft note was forwarded to the First Minister’s office for her consideration over the weekend to ensure work on the procedure could continue.

22 Nov: Somers formally emailed Sturgeon’s “instruction” to Leslie Evans, the head of the Civil Service in Scotland.

It read: “As is clear from the continued media focus on cases of sexual harassment, in many instances, people are now making complaints regarding actions that took place some time ago. I wanted to make clear that in taking forward your review, and the new arrangements being developed, you should not be constrained by the passage of time. I would like you to consider ways in which we are able to address if necessary any concerns from staff – should any be raised – about the conduct of current Scottish Government ministers and also former ministers, including from previous administrations regardless of party. While I appreciate that the conduct of former Ministers would not be covered by the current Ministerial Code, I think it fair and reasonable that any complaints raised about their actions while they held office are considered against the standards expected of Ministers. I would be grateful for confirmation that this particular aspect is being included as part of the review you are leading.” No pressure then?

24 Nov: Lloyd, Somers, Hynd and a member of the Permanent Secretary’s office,  attended a meeting to further discuss the content of  the “instruction” and to establish and agree on clear lines of responsibility between the First Minister and the Permanent Secretary preventing the First Minister from stopping the Permanent Secretary, who has a duty of care to civil servants, from investigating a sexual harassment complaint made by a civil servant against a minister if the Permanent Secretary judged there was something to investigate. Further input from Liz Lloyd included the view that it was essential that the First Minister should be made aware of an investigation or allegation into a serving minister, before the event, in order to determine if, under the ministerial code, that minister could remain in post whilst an investigation was conducted.

24 Nov: Liz Lloyd unbelievably ascertained later that she had no knowledge at this time of the incidents that were subsequently investigated under the new procedure.

 Afternote: 08 Sep 2020: Evans previously told the inquiry team that she would not see a “natural role” for a special advisor (Liz Lloyd) in the Scottish Government response to the judicial review brought by Alex Salmond.

But a freedom of information response last year listed 17 meetings at which lawyers involved in the judicial review met with Nicola Sturgeon or senior staff, with Lloyd present at three meetings in Oct and Nov 2018. Faced with the revelation Evans was forced to correct her evidence to state that Nicola  Sturgeon’s political special advisor, Liz Lloyd, did take part in meetings about the case.

Summary: These events have never been raised, addressed or discussed in any meeting of the Inquiry team and I am wondering if the subject matter is simply gossip. If accurate the exchanges of correspondence would reveal much more than that which is already in the public domain.

 

 

 

The Me2 Campaign and the Response of the Scottish Government

Late Oct 2017: Allegations of harassment surfaced at Westminster. Scottish Government officials were concerned that similar allegations might surface in Scotland. This prompted the Deputy First Minister, John Swinney to announce a new policy of “zero-tolerance to sexual misconduct”.

31 Oct: Senior Holyrood based civil servants attended a meeting convened by Nicola Sturgeon for the purpose of reviewing civil service procedures for the handling of workplace complaints.

James Hynd, Head of Cabinet, Parliament, and Governance, for the Scottish Government undertook to update long-standing civil service procedures on sexual harassment covering serving ministers.

Acting on his own initiative and without any political direction, he decided to make former ministers the focus of his first draft of the policy, because he was in charge of the Scottish government’s ministerial code and he perceived there was a “gap” that needed to be closed.

He conceded he was aware of gossip about alleged misconduct involving former First Minister, Alex Salmond, which Salmond had repeatedly denied, before choosing to include former ministers in the new anti-harassment policy.

He insisted he alone decided to make former ministers the focus of his first draft of the policy.

08 Nov:  Hynd emailed Richards and MacKinnon a (for your eyes only) copy of the first draft of the policy “Handling of Sexual Harassment Complaints Against Former Ministers.”

16 Nov:  Hynd emailed a (for your eyes only) copy of the Draft Policy on Complaints Against Former Ministers.” to Leslie Evans.

17 Nov: Hynd circulated a second draft procedure titled “Handling of Sexual Harassment Complaints Involving Current or Former Ministers” to the civil service senior management team.

Liz Lloyd, Special Advisor to the First Minister was added, at her request, to the circulation list.

Afternote: Lloyd stated that the inclusion of herself in the circulation list was necessary since the First Minister was responsible for the ministerial Code.

But Hynd said he took the decision on 31 October 2017 to widen the scope of the revised procedure without reference to anyone since he had responsibility for the Ministerial Code.

Note: As at 17 Nov, a second version of the James Hynds’s revised draft procedure, “Handling of Sexual Harassment Complaints Involving Current or Former Ministers” was in the hands of all relevant senior Civil Servants and Liz Lloyd. This being the case there was no need for any additional input to the team. But Liz Lloyd and the First Minister’s Principal Private Secretary (PPS) John Somers decided to compile an “instruction from the First Minister” which would be sent to Ms Evans providing clarity that implementation of a policy relating to ministers and former ministers was within the scope of the original cabinet commission. A final draft note was forwarded to the First Minister’s office for her consideration and signature over the weekend to ensure work on the procedure could continue.

22 Nov: Somers emailed the First Minister’s “instruction from the First Minister” to Leslie Evans, the Head of the Civil Service in Scotland. It read:

“As is clear from the continued media focus on cases of sexual harassment, in many instances, people are now making complaints regarding actions that took place some time ago. I wanted to make clear that in taking forward your review, and the new arrangements being developed, you should not be constrained by the passage of time. I would like you to consider ways in which we are able to address if necessary any concerns from staff, should any be raised, about the conduct of current Scottish Government ministers and also former ministers, including from previous administrations regardless of party. While I appreciate that the conduct of former Ministers would not be covered by the current Ministerial Code, I think it fair and reasonable that any complaints raised about their actions while they held office are considered against the standards expected of Ministers. I would be grateful for confirmation that this particular aspect is being included as part of the review you are leading.”

Note: The letter of instruction makes no sense since the newly written draft procedure was already in place and circulated within the senior Civil Servant management team. And James Hynd, the person who wrote the new procedure was not copied into the correspondence.

24 Nov: Lloyd, Somers, Hynd and a member of the Permanent Secretary’s office, attended a meeting to further discuss the content of the “instruction from the First Minister” and to establish and agree clear lines of responsibility between the First Minister and the Permanent Secretary.

A second purpose was to reword the second draft procedure inserting changes designed to prevent the First Minister from stopping the Permanent Secretary, who has a duty of care to civil servants, from investigating a sexual harassment complaint made by a civil servant against a minister if the Permanent Secretary judged there was something to investigate.

Additional input from Liz Lloyd included the view that it was essential that the First Minister should be made aware of an investigation or allegation into a serving minister, before the event, in order to determine if, under the ministerial code, that minister could remain in post whilst an investigation was conducted.

She later stipulated that on that date she had no knowledge, of any of the allegations against Alex Salmond that were subsequently investigated under the new procedure.

Afternote:

08 Sep 2020: Evans previously told the inquiry team that she would not see a “natural role” for a special advisor in the Scottish Government response to the judicial review brought by Alex Salmond. But a freedom of information response last year listed 17 meetings at which lawyers involved in the judicial review met with Nicola Sturgeon or senior staff, with Liz Lloyd present at three meetings in Oct and Nov 2018. Evans, faced with the facts, was forced to correct her evidence to confirm that Nicola Sturgeon’s political special advisor, Liz Lloyd, did take part in meetings at which the allegations against Alex Salmond were discussed.

Summary: So far as I was able to ascertain these events have never been raised, addressed or discussed at any meeting of the Inquiry team and I am wondering if the subject matter is simply gossip. If accurate the exchanges of correspondence would reveal much more than that which is already in the public domain.

 

 

The Nicola Sturgeon Inquiry

The inquiry has been advised that there were meetings between the First Minister and persons representing Alex Salmond, on 29 March and 2 April 2018. The attendance, purpose and content of the discussions is disputed but based on intent the legal profession is more accepting of Alex Salmond’s record of events since they are supported by a statement sworn in a criminal court of law at the time of Alex Salmond’s successful defence of allegations made against him by unidentified persons.

But the question:

Did Nicola Sturgeon possess knowledge of the development of proceeding alleging harassment of civil servants by Alex Salmond before 2 April 2018?

If the answer is “yes” she misled parliament and should resign.

 

Unambiguous evidence provided to the inquiry by Mr Hynd, (a close colleague of the First Minister and the person who wrote the novel new procedure) confirmed allegations of past indiscretion by Alex Salmond to be a topic of senior officer gossip at the time he wrote it.

The First Minister, ordered the Permanent Secretary, Ms Evans, in her letter of 22 November 2017, to implement the new procedure without delay.

The official record of events in November 2017

31 October 2017: Senior Holyrood based civil servants, including James Hynd, Head of Cabinet for the Scottish Government and Governance, attended a meeting convened by Nicola Sturgeon for the purpose of reviewing civil service procedures for the handling of workplace complaints. At that time he undertook the task to update long-standing civil service procedures on sexual harassment covering serving ministers.

Instead, acting entirely on his own initiative and without any political direction he decided to include former government ministers in a first draft of a revised policy, because he was in charge of the Scottish government’s ministerial code and he perceived there to be a “gap” that needed to be closed.

He further conceded that he had knowledge of gossip circulating within Government circles about alleged misconduct involving former First Minister, Alex Salmond, before opting to include former Government ministers in his newly revised anti-harassment policy.

08 Nov: Hynd emailed Richards and MacKinnon a (for your eyes only) copy of the first draft of the new policy “Handling of Sexual Harassment Complaints Against Former Ministers.”

16 Nov: Hynd emailed a (for your eyes only) copy of the Draft Policy on Complaints Against Former Ministers.” to Leslie Evans.

17 Nov: Hynd circulated a second, newly titled draft procedure “Handling of Sexual Harassment Complaints Involving Current or Former Ministers” to civil service senior managers and to Liz Lloyd, Special Advisor (at her request).

17 Nov: Liz Lloyd and John Somers, Principal Private Secretary (PPS) to the First Minister drafted a “letter of instruction” for Leslie Evans providing clarity that implementation of the uniquely new policy relating former ministers was within the scope of the Scottish Government.

Note: Meanwhile, Leslie Evans had sought the advice of the Cabinet Secretary in London who had informed her that civil service procedures pursuing complaints of harassment against former ministers had never been contemplated since it had the potential to be a political minefield and in any event former politicians were private citizens and there existed lawful means available to individuals who might wish to register complaints. Don’t do it was the message. The foregoing adds credence to the view that Leslie Evans intended to heed the advice of her “Line manager” in London and cancel the “Draft Policy on Complaints Against Former Ministers.” A decision which would generate an intervention from the First Minister.

22 Nov: Nicola Sturgeon’s “letter of instruction” was sent to Leslie. It read:

“As is clear from the continued media focus on cases of sexual harassment, in many instances, people are now making complaints regarding actions that took place some time ago. I wanted to make clear that in taking forward your review, and the new arrangements being developed, you should not be constrained by the passage of time. I would like you to consider ways in which we are able to address if necessary any concerns from staff, should any be raised, about the conduct of current Scottish Government ministers and also former ministers, including from previous administrations regardless of party. While I appreciate that the conduct of former Ministers would not be covered by the current Ministerial Code, I think it fair and reasonable that any complaints raised about their actions while they held office are considered against the standards expected of Ministers. I would be grateful for confirmation that this particular aspect is being included as part of the review you are leading.”

Note: Nicola Sturgeon’s written comment: “people are now making complaints regarding actions that took place some time ago.” This can be construed as a reference to the on-going gossip about the former First Minister, mentioned by James Hynd at the time of his appearance at the inquiry.

 

24 Nov: Lloyd, Somers, Hynd and a member of the Permanent Secretary’s office, attended a meeting to further discuss the content of the “instruction from the First Minister” and to establish and agree clear lines of responsibility between the First Minister and the Permanent Secretary and to re-word the second draft procedure where necessary. Additional input from Liz Lloyd included her view that it was essential that the First Minister should be made aware of an investigation or allegation into a serving minister, before the event, in order to determine if, under the ministerial code, that minister could remain in post whilst an investigation was conducted.

 

Afternotes:

Liz Lloyd later stipulated that she had no knowledge on 24 November 2017, of any of the allegations against Alex Salmond that were subsequently investigated under the new procedure.

08 Sep 2020:

 Leslie Evans previously told the inquiry team that she would not see a “natural role” for a special advisor in the Scottish Government response to the judicial review brought by Alex Salmond. But a freedom of information response the year previous listed 17 meetings at which lawyers involved in the judicial review met with Nicola Sturgeon or senior staff, with Liz Lloyd present at three meetings in Oct and Nov 2018. Evans, faced with the facts, was forced to correct her evidence to confirm that Nicola Sturgeon’s political special advisor, Liz Lloyd, did take part in meetings at which the allegations against Alex Salmond were discussed.

 

 

John Swinney

Swinney was the MP for Tayside North from 1997 to 2001 and was elected leader of the SNP after Alex Salmond resigned the leadership in 2000.

His leadership skills were poor and the SNP lost seats in Parliament in 2001 and 2003.

In 2003 SNP activist Bill Wilson unsuccessfully challenged him for the party leadership, levelling allegations that he ignored the views of the grassroots party membership, and failed to lead the fight for independence.

But he was forced to step down following disappointing results in the European elections of 2004 and Alex Salmond was elected in the subsequent leadership election.

Under Salmond’s leadership the SNP went on to win the highest number of seats in the Scottish Parliament in the 2007 and 2011 elections and Alex Salmond was subsequently elected First minister.

 John (Teflon) Swinney the MSP Minister

He has been an abject failure in every ministerial post he has held in successive SNP Governments between 2007- 2021.  But nothing negative sticks and he blunders on to the next self induced, expensive for the taxpayer catastrophic event.

Examples:

His underwhelming performance in the post 2014 referendum negotiations and his destruction by Mundell in the year that followed Around 100 amendments tabled, not one accepted.

His spells as Education Secretary have been disastrous. He has survived more than ten education scandals, yet he is determined, (performing to type) to bluff his way through the criticism.

His contribution to the Alex Salmond debacle is uninspiring as is his offensive flippant attitude topped off with his favourite saying “I am not releasing it because in my view it would not be in the public interest” and that after his government flushed nearly £1m of taxpayers money down the toilet of hopeless causes.

 

The 2021 Scottish General Election

The SNP is flying high in the polls and a majority SNP Government is forecast but Swinney’s coat is hanging on a shuggely peg and Murdo Fraser might just win the day.

2003: Swinney 14,969 Fraser 10,466 Maj 04,503 Labour/Lib/Dem Government

2007: Swinney 18,281 Fraser 10,697 Maj 07,584 Alex Salmond led Minority SNP Government elected (governed alone)

2011: Swinney 18,219 Fraser 07,866 Maj 10,353 Alex Salmond led Majority SNP Government elected

2016: Swinney 16,526 Fraser 13,190 Maj 03,336 Nicola Sturgeon led Minority Government elected (formally supported by Green Party following concessions)

2021: Forecast; Swinney has not performed well over the last 5 years. Failed in Education. Failed in botched Sturgeon/Salmond debacle. It is entirely possible Fraser will overturn the ever decreasing majority Swinney has achieved over the 18 years.

 

 

John Swinney – The man who never is

Swinney was the MP for Tayside North from 1997 to 2001 and was elected leader of the SNP after Alex Salmond resigned the leadership in 2000. His leadership skills were poor and the SNP lost seats in Parliament in 2001 and 2003.

In 2003 SNP activist Bill Wilson unsuccessfully challenged him for the party leadership, levelling allegations that he ignored the views of the grassroots party membership, and failed to lead the fight for independence.

But he was forced to step down following disappointing results in the European elections of 2004 and Alex Salmond was elected in the subsequent leadership election. Under Salmond’s leadership the SNP went on to win the highest number of seats in the Scottish Parliament in the 2007 and 2011 elections and Alex Salmond was subsequently elected First minister.

More here: (https://caltonjock.com/2021/02/11/swinney-flying-without-wings-politician-time-to-step-down-john/)

Campbell Martin – Former SNP member

Campbell was a member of the SNP for 27-years – 1977-2004. He held office-bearer positions at branch, Constituency Association and Regional Association level and was a delegate to the National Council and National Conference. In 1992 he was elected as an SNP councillor in North Ayrshire. From the first days of the Scottish Parliament in 1999 he worked for an SNP MSP and the SNP Scottish Parliamentary Group, holding the positions of Whips Administrator and Secretary to the Shadow Cabinet. In 2003, he was elected as an SNP Member of the Scottish Parliament.

His membership of the SNP came to an end 16-years-ago; a decision made by the party, not him. At the time, he was an SNP MSP and who spoke-out against the ‘leadership’ of John Swinney, who had replaced Alex Salmond as National Convener in 2000. He was a ‘fundamentalist’, generally described as people who want independence.

Swinney and the small clique around his ‘leadership’ were ‘gradualists’. Essentially, ‘gradualists’ were prepared to ‘park independence’ in preference for a slow build of the powers of the devolved parliament in Edinburgh. Swinney once told him he was impressed with what Tony Blair had done with the Labour Party – creating ‘new’ Labour and turning the former party of the working class into a clone of the Tory Party. Swinney’s vision was the creation of a ‘new’ SNP, which under his ‘leadership’ would move away from its traditional moderate, centre-left position to a moderate, centre-right position.

Under Swinney’s ‘leadership’, party members on the left were marginalised and found themselves attacked by anonymous party spokespeople. It became a trait of the ‘gradualists’ that, despite being frightened to fight unionists, they did not hold back in putting the boot into fellow SNP members of the left. In 2004, shortly after he was expelled for calling on Swinney to resign and for Alex Salmond to return as leader, Swinney resigned and Alex Salmond returned as leader. The purge of ‘fundamentalists’ and the left was ended as Alex Salmond re-united the SNP and transformed it into a party of government.

Campbell’s views today

“Sadly, today, under Nicola Sturgeon’s leadership, the ‘gradualists’ are once again in positions of power within the SNP. Criticism of the leader and her advisors stems from a perceived lack of urgency, on their part, in delivering independence. There appears to be no plan to take Scotland forward, other than asking a Tory Prime Minister in London to give his permission for the Scottish Government to hold an independence referendum. Theresa May and Boris Johnson have both refused such permission and, given majority support for independence in opinion polls, why would a Conservative and Unionist Prime Minister change their mind? Why does the party that styles itself ‘the party of independence’ have no clear-cut plan to actually deliver independence?”

Full and informative articles are to be found at: (https://campbellmartin.blogspot.com/2020/)

 

Investigation of possible breaches of the Ministerial Code by the First Minister.

Extracted from Alex Salmond’s written submission to the investigating officer James Hamilton:

Terms of Reference for James Hamilton

4. I finally agreed under some protest to make this submission. The reason for my concern is that the remit drawn up for Mr Hamilton focuses on whether the First Minister intervened in a civil service process. As I have pointed out to Mr Hamilton, I know of no provisions in the Ministerial Code which makes it improper for a First Minister to so intervene.

7. It will accordingly be a significant surprise if any breach of the Ministerial Code is found when the terms of reference have been tightly drafted by the Deputy First Minister (John Swinney) to focus on that aspect of the First Minister’s conduct.

10. In doing so, I would note that it does not serve the public interest if the independent process of examination of the Ministerial Code (which I introduced as First Minister) is predetermined, or seen to be predetermined, by a restrictive remit given by the Deputy First Minister (John Swinney).

11. A restricted investigation would not achieve its purpose of genuine independent determination and would undermine confidence in what has been a useful innovation in public accountability.

12. I would accordingly urge Mr Hamilton to embrace the independence of his role and the express assurance given to the Scottish Parliament by the First Minister that he is free to expand the original remit drafted by the Deputy First Minister (John Swinney) and to address each of the matters contained in this submission.

Full submission here: (https://www.spectator.co.uk/article/full-text-alex-salmond-s-submission-to-the-hamilton-inquiry/amp)

 

MSPs call on Swinney to expand Sturgeon code breach investigation

A cross-party group of MSPs has called on Scotland’s Deputy First Minister (John Swinney) to formally extend the inquiry into whether Nicola Sturgeon breached the ministerial code. They want John Swinney to widen the remit of the independent inquiry to include claims by Alex Salmond that the First Minister broke the code by allegedly misleading parliament over when she knew of sexual harassment claims against him.

More here: (https://www.chesterstandard.co.uk/news/national-news/19001044.msps-call-swinney-expand-sturgeon-code-breach-investigation/)

Comment: Hamilton is expected to report back very soon. But don’t hold your breath waiting for a guilty finding

 

 

 

Timeline-Scottish Parliamentary Inquiry-Conspiracy against Alex Salmond

Late October 2017: Aamer Anwar alleged the existence of a ‘ticking time bomb” catalogue of sexual harassment at Holyrood.

Ms H allegedly disclosed to her friend, an SNP politician, details of an alleged sexual assault upon her by Alex Salmond.

31 Oct: Daily Record/David Clegg received a heads up message from an unnamed source in the Scottish Government regarding sexual offences allegedly committed by Alex Salmond during his time in office. Clegg is a known associate of Liz Lloyd and a senior Spad working for Nicola Sturgeon.

31 Oct: A senior SNP officer, Ms Anne Harvey, based in Westminster was inundated with telephone text messages asking for information about Alex Salmond. suggesting that the fishing expedition had started in earnest well before the involvement of Ms A, Ms B or Ms H.

Anne worked with Alex Salmond for many years and was an important witness for the defence, (until her evidence was redacted by the Crown). She was also at the time, a close friend of at least one of the complainers.

31 Oct: Holyrood civil service chiefs excluding the Special Advisor to the First Minister, Liz Lloyd, but including senior civil servant, John Somers, the First Ministers “gatekeeper” were in attendance together with other civil servants at a meeting convened by Nicola Sturgeon with the purpose of reviewing civil service procedures for the handling of workplace complaints.

31 Oct: James Hynd, Head of Cabinet, Parliament, and Governance, for the Scottish Government was tasked by Leslie Evans on 31 Oct 2017 to update long-standing civil service procedures on sexual harassment covering serving ministers.

Instead, apparently acting on his own initiative and without any political direction, he decided to make former ministers the focus of his first draft of the policy, partly because he was in charge of the Scottish government’s ministerial code and there was a “gap” that needed to be closed.

He conceded he was aware of gossip about alleged misconduct involving former First Minister, Alex Salmond, which Salmond had repeatedly denied, before choosing to include former ministers in a new anti-harassment policy.

He insisted he alone decided to make former ministers the focus of his first draft of the policy, partly because he was in charge of the Scottish government’s ministerial code. He said he thought it was a “gap” that needed to be closed.

04 Nov: MSP Mark McDonald resigned from his role as children’s minister in the Scottish Government.

04 Nov: There were rumours that Alex Salmond was unhappy at the lack of progress on independence given the strong polling figures in favour of this and was considering a return to front line politics, possibly through the Aberdeen seat vacated by Mark McDonald . It was also mooted that Alex would soon be installed as the editor of the Scotsman.

04 Nov: In the evening, Sky News contacted the SNP Government parliamentary media office enquiring about Alex Salmond’s alleged misconduct with women at Edinburgh Airport. Permanent Secretary Leslie Evans and Liz Lloyd were informed. Both Lloyd and Evans briefed the First Minister of events separately the morning after.

05 Mar: Afternote: In her evidence to the Inquiry in Jan 2021, Leslie Evans, Permanent Secretary to the Scottish government, said that on 5 Mar 2017 she had warned the first minister that Alex Salmond had been calling civil servants in connection with a Sky News investigation into an alleged incident at Edinburgh airport in 2007.

The officials were bewildered and unhappy about it and she raised the issue with the First Minister advising her of her concerns because the staff were anxious about it. She was also concerned that it could become a story and she was convinced that the Scottish Government would need to be ready, in whatever form that a story might blow because the media was very volatile at that time in reporting on everything.

She went on to add that a whole range of people inside the Scottish government had been raising concerns about alleged sexual misconduct involving ministers and former First Ministers and the rumours had began surfacing in early November 2017 at the height of the #MeToo movement and soon after John Swinney, the Deputy First Minister, had announced a new zero-tolerance approach to sexual misconduct.

The briefing by Ms Evans that rumours of misconduct included former First Ministers concentrated the minds of members of the Inquiry as to the relevance of her closing statement  which strongly suggested that the “new” sexual harassment policy had been “targeted at and designed to get Alex Salmond”. Ms Evans denied that was the case.

But in late 2018, Sturgeon told the Scottish parliament that she first learned Salmond was being investigated “when he told her” during a meeting at her home on 2 April 2018.

But the government was forced to admit that she actually met one of Salmond’s closest former aides, Geoff Aberdein, in connection with the matter in her ministerial office on 29 March 2018. 

05 Nov: Ms H said she informed Ian McCann, a senior officer at SNP Headquarters of the details of an alleged assault by Alex Salmond, well before the receipt of formal complaints from Ms A and Ms B. Mr McCann responded saying: “We’ll sit on that and hope we never need to deploy it.” Peter Murrell, CEO of the SNP maintains he was not informed of the allegations notified to Mr McCann.

Afternote-1 : In the 2018 trail of Alex Salmond, Ms H was questioned by the QC for defence as to her reasons for not timeously notifying the police of the alleged attempted rape. she said she only wanted the SNP to know, “so they could use it for vetting purposes should Alex Salmond return to the political front line.”

The QC followed up asking Ms H, if was a “coincidence” she’d contacted Mr McCann only a day after an SNP, MSP had ben forced to resign and suggested “You didn’t want Alex Salmond to pass any future vetting process, did you.”

Ms H responded “I don’t think I linked the two events together. I wasn’t aware he (Mr Salmond) wanted to stand for the Scottish Parliament again. It was not a coincidence in terms of the #MeToo movement and the whole issue of women basically being abused by people in positions of power.”

Afternote-2: The Criminal Trial of Alex Salmond: Ms McCall challenged Ms H on her contacts with a senior SNP official, Ian McCann, and three other women after the Daily Record reported on August 23rd, 2018, that a Scottish government internal inquiry had upheld complaints from two women of inappropriate behaviour by Mr Salmond.

Ms H told the court she first approached Mr McCann after the Harvey Weinstein allegations surfaced in the US and the #MeToo movement had gained momentum. She did not specify what Mr Salmond had allegedly done to her but warned Mr McCann there had been other incidents involving the former party leader.

Ms McCall pressed Ms H to explain why she quickly made contact with other accusers after the Daily Record story and after Mr Salmond disclosed he was suing the Scottish government over its inquiry. She asked Ms H whether two other accusers encouraged her to contact the police.

In a text to another accuser two days after the Record story, Ms H wrote: “I’m mulling too. But I have a plan. And means we can be anonymous but see strong repercussions.” Challenged on what she meant, Ms H said she and the other accuser “had discussed in the past issues around Mr Salmond’s behaviour”.

Ms McCall asked why she contacted another accuser who was a participant in a “ring around” of people who had worked with Mr Salmond. Ms H said she was trying to find out what was happening. “I was trying to figure out what the party and police process was, so I could figure out our path forward,” Ms H said.

06 Nov: Liz Lloyd was approached by several civil servants who raised concerns that Mr Salmond and his representatives were reportedly contacting other civil servants to ask that they provide supportive statements in relation to the matters raised by Sky News to his legal representatives.

The civil servants indicated that the approaches were unwelcome. She was asked if she or some other Special Advisers could ask Mr Salmond to go through appropriate channels rather than approach people direct. She was informed shortly after that the Permanent Secretary’s office had also been approached by the same staff and were taking their request forward, so she made no approach to Mr Salmond.

08 Nov: Complainer, Ms B made allegations (by telephone) against Mr Salmond to Barbara Allison, the Government’s Director of Communications who informed Ms Richards and Ms Evans, the next morning.

08 Nov: 1233. The first draft of a new harassment policy “Handling of Sexual Harassment Complaints Against Former Ministers.” written by top official James Hynd, was circulated, It stated that if a complaint was lodged against a former minister and he/she was a member of the party in power, the First Minister should be informed immediately.

 

Nicola Sturgeons Statement to the Inquiry

I had no general concerns at the time about Scottish Government culture from 2008-14, and certainly not about sexual harassment. However, government is a high pressure environment. Mr Salmond could be challenging to work for and, rightly, he demanded high standards. However, I was present on some occasions when tense situations had to be defused.

Certain matters that I have become aware of through the events of the last couple of years, raise retrospectively, some other concerns.

Note: This is designed to provide justification for her actions. But all allegations of misconduct against Alex Salmond were proved in a court of law, to be false and in some cases spurious.

I have no general concerns about the culture of the Scottish Government now. However, I am not complacent about the potential for instances of inappropriate behaviour within a large organisation. That is why it is important to have clear and robust procedures in place which, subject to any views of this Committee on the Procedure, I believe to be the case. I have no comment to make on the adequacy of the Civil Service Code. I give some personal reflection on the Ministerial Code in Annex A, however, the adequacy of it is a matter the independent panel will be able to consider.

Conclusion

In conclusion, I would like to add the following personal reflections. The Committee will be considering the Scottish Government’s handling of complaints raised under the Procedure.

That is, of course, legitimate. However, the Scottish Government would have had nothing to ‘handle’ had complaints not been raised about Alex Salmond’s conduct. It was the concerns raised about his conduct, an aspect of which, by his own admission, he apologised for, that gave rise to this matter.

Note: Not true: The procedure was put in place at the request of Nicola Sturgeon to address the pressing matter of MSP and former minister, Mark McDonald, who on 4 Nov 2017, was ordered by her, to resign from his ministerial office in response to a complaints that had been made against him about offensive content in a social media message he had sent. He was subsequently suspended from the Party but, to the consternation of Nicola Sturgeon he decided to retain his position as an MSP as an independent member until May 2021.

See Hynd’s exchange of information with a Spad in the Scottish Government: Hynd forwarded the Cabinet Office in London response, to a private secretary in the Scottish Government, who replied: “Oh dear, I did wonder if that would be their reaction. Not sure how long their review will take but the First Minister and Leslie Evans are keen to resolve quickly and discuss on Tuesday. I suspect we don’t have a policy on former civil servants. But we are looking at this in the context of the overall review of policies and the justification for having something about Ministers is the action that Parliament is taking in light of allegations about MSP conduct which includes a recent SG Minister?”. (Mark Macdonald not Alex Salmond) They piggy-backed Alex Salmond and added him to the list. But the procedure was never used against mark MacDonald. Why not?

The first allegation against Alex Salmond did not surface until very late in November 2017 and by this time the team of civil servants and a Spad from Nicola Sturgeon’s Office were discussing the 5th draft of the Procedure.

In my view, when these complaints were raised, the Scottish Government had a duty to investigate them and the fact that a mistake was made in the conduct of the investigation does not change that fact. To have swept them under the carpet because of who they related to would have been wrong.

As far as my personal involvement is concerned, over the last couple of years, I have faced accusations of ‘conspiring’ against Alex Salmond and also of ‘colluding’ with him. I reject in the strongest possible terms both of these suggestions.

Indeed it seems to me that what some want to present as ‘conspiracy’ is in actual fact my refusal to ‘collude’ or ‘cover up’. In what was a very difficult situation, personally, politically and professionally, I tried to do the right thing. Whether I always got it absolutely right is something I still reflect on, and the Committee will consider, but I sought all along to act in good faith and to strike the right balance of judgment given the difficult issues I was confronted with.

In the light of the #MeToo movement, I sought to ensure that the Scottish Government developed a process that allowed allegations of sexual harassment, including allegations of a historic nature, to be fully and fairly considered. I did not do this because I had a concern (as set out in Annex A) that allegations about my predecessor could materialise. But nor did I, in any way, allow such concern to lead me to limit the scope of the procedure.

I agreed to meet a friend of 30 years when I was told he was in distress and wanted to talk to me about a serious matter. And it is certainly the case that I was anxious to prepare my Party as far as possible for an issue that, at different stages, I thought could be about to become public.

However, I did not seek to prevent or influence the proper consideration of the complaints. For the sake of the complainers, the Scottish Government and indeed Alex Salmond himself, I acted in a way that I judged would best protect the independence and confidentiality of the investigation.

However, when I became aware of a serious risk of legal action against my government, I felt I had a duty to make the Permanent Secretary aware of it. My view throughout was that complaints must be properly and fairly considered, no matter who the subject of them might be, or how politically inconvenient the investigations may be. And that remains my view, even though the circumstances and consequences of this particular investigation have caused me, and others, in many cases to an even greater extent, a great deal of personal anguish, and resulted in the breakdown of a relationship that had been very important to me, politically and personally, for most of my life.

Lastly, since August 2018 I have taken care to say nothing that could compromise other proceedings, including the Committee’s inquiry, even though that has meant being unable to say more about my own actions or challenge misrepresentations about them.

Afternote: Gordon Dangerfield commented: According to her written statement provided to the inquiry and finally published last week, by the time drafting of the complaints procedure began in early November 2017, Nicola Sturgeon knew that allegations against Salmond were in the pipeline.

She was, she says, told then about “allegations of sexual misconduct on the part of Alex Salmond”. She continues: “I spoke to Mr. Salmond about this allegation at the time. He denied it…” She was therefore well aware that the new complaints procedure being drafted then by her civil servants was likely to be dealing in due course with complaints against Salmond.

Again, she says so in terms: “All of the circumstances surrounding this episode left me with a lingering concern that allegations about Mr. Salmond could materialize at some stage.” As a result, according to Sturgeon’s own account: “I sought to ensure that the Scottish Government developed a process that allowed allegations of sexual harassment – including allegations of a historic nature – to be fully and fairly considered.”

She concludes: “I did not do this because I had a concern … that allegations about my predecessor could materialize. But nor did I, in any way, allow such concern to lead me to limit the scope of the procedure.” As is now obvious, both of these claims are simply untrue.

Sturgeon did instruct that the procedure was to be developed in the way it was so that it could deal with her “concern” about Salmond. She did “limit the scope of the procedure” because of that concern. She ensured that her Government “developed a process” such that Alex Salmond’s fate would be decided, to all appearances at least, by unelected civil servants.

She “limited the scope” of the procedure by removing herself completely from it. There is simply no other reasonable explanation for why the procedure changed so dramatically in December 2017.

So, although it seems unaccountable to many, there’s really no mystery as to why Sturgeon continues to stand by her hapless civil servants as more and more shocking detail comes to light about their unlawful work on her behalf. Every unlawful thing those civil servants did was done by them so that Sturgeon would not have to do it herself.

It was done so that she could plausibly deny, as she does to this day, that she had anything to do with it. These servants of hers have already, quite rightly, taken a great deal of criticism for their bad faith and incompetence, and as the inquiry continues, they can surely expect a great deal more.

The unswerving loyalty of the person who set them up for this fall is, we should grant, the very least they can expect from her.

(https://gordondangerfield.com/2020/10/11/salmond-inquiry-the-blunder-that-gives-the-game-away)

 

Timeline-Scottish Parliamentary Inquiry-Conspiracy against Alex Salmond

Late October 2017: Aamer Anwar alleged the existence of a ‘ticking time bomb catalogue of sexual harassment at Holyrood. Ms H allegedly disclosed to her friend, an SNP politician, details of an alleged sexual assault upon her by Alex Salmond.

30 Oct: Nicola Sturgeon wrote to the Presiding Officer Ken Macintosh, asking what additional steps might be taken to protect staff from harassment.

31 Oct: Daily Record/David Clegg received a heads up message from an unnamed source in the Scottish Government regarding sexual offences allegedly committed by Alex Salmond during his time in office. Clegg is a known associate of Liz Lloyd and a senior Spad working for Nicola Sturgeon.

31 Oct: A senior SNP officer, Ms Anne Harvey, based in Westminster was inundated with telephone text messages asking for information about Alex Salmond. suggesting that the fishing expedition had started in earnest well before the involvement of Ms A, Ms B or Ms H. Anne worked with Alex Salmond for many years and was an important witness for the defence, (until her evidence was redacted by the Crown). She was also at the time, a close friend of at least one of the complainers.

31 Oct: Holyrood civil service chiefs excluding the Special Advisor to the First Minister, Liz Lloyd, but including senior civil servant, John Somers, the First Ministers “gatekeeper” were in attendance together with other civil servants at a meeting convened by Nicola Sturgeon with the purpose of reviewing civil service procedures for the handling of workplace complaints. Nicola Sturgeon asked the permanent secretary to undertake a review of government policies and processes to ensure that they were fit for purpose.

31 Oct: James Hynd, Head of Cabinet, Parliament, and Governance, for the Scottish Government was tasked by Leslie Evans on 31 Oct 2017 to update long-standing civil service procedures on sexual harassment covering serving ministers. Instead, acting on his own initiative and without any political direction, he decided to make former ministers the focus of his first draft of the policy, partly because he was in charge of the Scottish government’s ministerial code and there was a “gap” that needed to be closed.

He conceded he was aware of gossip about alleged misconduct involving former First Minister, Alex Salmond, which Salmond had repeatedly denied, before choosing to include former ministers in the new anti-harassment policy. He insisted he alone decided to make former ministers the focus of his first draft of the policy, partly because he was in charge of the Scottish government’s ministerial code. He said he thought it was a “gap” that needed to be closed.

Beginning of Nov: Around this time (possibly earlier) Angus Robertson drafted and introduced new NEC procedures removing candidate selection from Party members centralising the process on Party headquarters officials. Shortly after a number of GRA supporters were installed as candidates for the May 2021 General Election.

There were strong rumours that Alex Salmond was unhappy at the lack of progress on independence given the strong polling figures in favour of this and was considering a return to front line politics, possibly through the Aberdeen seat vacated by Mark McDonald when he was denied the Party whip in Holyrood. It was also rumoured that Alex would soon be installed as the editor of the Scotsman.

02 Nov: MSP and minister Mark McDonald, was taken in to speak to John Swinney and the First Minister’s chief of staff, Liz Lloyd, and was told his name had come up in “chatter” around “MeToo”.

03 Nov: McDonald met Ms Lloyd, who revealed a complaint had been made against him about the offensive content of a social media message he had sent. Lloyd told him he would need to resign from the Government.

04 Nov: McDonald said Nicola Sturgeon phoned him in the afternoon and told him he would be expected to resign that evening.

04 Nov: McDonald resigned from his role as children’s minister in the Scottish Government.

04 Nov: In the evening, Sky News contacted the SNP Government parliamentary media office enquiring about Alex Salmond’s alleged misconduct with women at Edinburgh Airport. Permanent Secretary Leslie Evans and Liz Lloyd were informed. Both Lloyd and Evans briefed the First Minister of events separately the morning after.

Afternote: Leslie Evans, Permanent Secretary to the Scottish government, told the Inquiry that on 5 Mar 2017 she warned the first minister that Alex Salmond had been calling civil servants in connection with a Sky News investigation into an alleged incident at Edinburgh airport in 2007. The officials were a bit bewildered and unhappy about it and she advised the First Minister of her concerns. She was also worried that it could become a story and the Scottish Government needed to be ready because the media was very volatile reporting on everything.

She went on to say that a whole range of people inside the Scottish government had been raising concerns about alleged sexual misconduct involving ministers and the former First Minister and the rumours had began surfacing in early November 2017 at the height of the #MeToo movement and soon after John Swinney, the Deputy First Minister, announced a new zero-tolerance approach to sexual misconduct.

The briefing by Evans that rumours of misconduct included the former First Minister concentrated the minds of members of the Inquiry on the context of the closing statement of Ms Evans to suggest that the “new” sexual harassment policy had been “targeted at and designed to get Alex Salmond”.

Ms Evans denied that was the case. But in late 2018, Sturgeon told the Scottish parliament that she first learned Salmond was being investigated “when he told her” during a meeting at her home on 2 April 2018. But the government was forced to admit that she actually met one of Salmond’s closest former aides, Geoff Aberdein, in connection with the matter in her ministerial office on 29 March 2018.

05 Nov: Ms H said she informed Ian McCann, a senior officer at SNP Headquarters of the details of an alleged assault by Alex Salmond, well before the receipt of formal complaints from Ms A and Ms B. Mr McCann responded saying: “We’ll sit on that and hope we never need to deploy it.” Peter Murrell, CEO of the SNP maintains he was not informed of the allegations notified to McCann.

06 Nov: Liz Lloyd was approached by several civil servants who raised concerns that Alex Salmond and his representatives were reportedly contacting other civil servants to ask that they provide supportive statements in relation to the matters raised by Sky News to his legal representatives. The civil servants indicated that the approaches were unwelcome. She was asked if she or some other Special Advisers could ask Mr Salmond to go through appropriate channels rather than approach people direct. She was informed shortly after that the Permanent Secretary’s office had also been approached by the same staff and were taking their request forward, so she made no approach to Mr Salmond.

Afternote-1 : In the 2018 trail of Alex Salmond, Ms H was questioned by the QC for defence as to her reasons for not timeously notifying the police of the alleged attempted rape, she said she only wanted the SNP to know, “so they could use it for vetting purposes should Alex Salmond return to the political front line.” The QC followed up asking Ms H, if was a “coincidence” she’d contacted Mr McCann only a day after an SNP, MSP had ben forced to resign and suggested “You didn’t want Alex Salmond to pass any future vetting process, did you” Ms H responded “I don’t think I linked the two events together. I wasn’t aware he (Mr Salmond) wanted to stand for the Scottish Parliament again. It was not a coincidence in terms of the #MeToo movement and the whole issue of women basically being abused by people in positions of power.”

Afternote-2: The Criminal Trial of Alex Salmond: Ms McCall challenged Ms H on her contacts with a senior SNP official, Ian McCann, and three other women after the Daily Record reported on August 23rd, 2018, that a Scottish government internal inquiry had upheld complaints from two women of inappropriate behaviour by Mr Salmond. Ms H told the court she first approached Mr McCann after the Harvey Weinstein allegations surfaced in the US and the #MeToo movement had gained momentum. She did not specify what Mr Salmond had allegedly done to her but warned Mr McCann there had been incidents involving the former party leader.

Ms McCall pressed Ms H to explain why she quickly made contact with other accusers after the Record story and after Mr Salmond disclosed he was suing the Scottish government over its inquiry. She asked Ms H whether two other accusers encouraged her to contact the police. In a text to another accuser two days after the Record story, Ms H wrote: “I’m mulling too. But I have a plan. And means we can be anonymous but see strong repercussions.” Challenged on what she meant, Ms H said she and the other accuser “had discussed in the past issues around Mr Salmond’s behaviour”. Ms McCall asked why she contacted another accuser who was a participant in a “ring around” of people who had worked with Mr Salmond. Ms H said she was trying to find out what was happening. “I was trying to figure out what the party and police process was, so I could figure out our path forward,” Ms H said.

08 Nov: Ms B telephoned Barbara Allison, the Government’s Director of Communications and asked to be allowed to speak to Nicola Sturgeon about Alex Salmond. Allison advised Richards and Evans, the next morning.

08 Nov: 1233. The first draft of a new harassment policy “Handling of Sexual Harassment Complaints Against Former Ministers.” written by top official James Hynd, circulated, It stated that if a complaint was lodged against a former minister and he/she was a member of the party in power, the First Minister should be informed immediately.

09 Nov: The Alex Salmond Show was aired on RT.

10 Nov: Leslie Evans appointed Gillian Russell, Scottish Government, Director of Safer Communities as the “confidential sounding board” for complainers.

08–10 Nov: Ms A and Miss B registered their their allegations of sexual harassment on them by Alex Salmond. Gillian Russell, with the consent of complainer Ms A updated Ms Richards, Director of People, who then updated Leslie Evans, and Deputy Director of People Advice, Judith Mackinnon. Ms Russell and Ms Allison were instructed to liaise with Ms A and Miss B to establish if they wished to formally report the alleged incidents to Human Resources. On 29 Nov they confirmed that they did so wish.

13-15 Nov: In an exchange of emails with senior civil servants, Hynd advised, “officials will also need to alert the First Minister if a complaint is lodged against a current minister because she’d “want to know straight away”.

16 Nov: Mark McDonald was suspended from the Party Nicola Sturgeon after a second complainer came forward against him.

16 Nov: 1205. Hynd emailed (Private Secretary 1 to Leslie Evans). (Policy on Complaints Against Ministers.” As requested”. James.

16 Nov: Hynd sent a copy of the proposed policy to the UK Government’s Cabinet Office seeking “thoughts/advice”.

17 Nov: Sky News investigated Alex Salmond over an alleged 2008 incident at Edinburgh Airport. Rumoured to be the “killer heels” non-incident the investigation was abruptly binned by Sky News as petty pap.

17 Nov: Hynd circulated to the Scottish Government civil service senior management team, and Liz Lloyd (first sight, at her request) a second draft procedure titled “Handling of sexual harassment complaints involving current or former ministers.”

17 Nov 1048: A Cabinet Office official responded saying: “This feels very uncomfortable to be highlighting a process for complaints about ministers and former ministers”. And went on to ask if the policy could wait until they had conducted their own review, and also questioned whether the policy for ministers was “more than you have in place” for civil servants. “Might be getting Nicky’s take on the question about Civil Servants.”

17 Nov: Hynd forwarded the Cabinet Office in London response to a private secretary in the Scottish Government, who replied: “Oh dear, I did wonder if that would be their reaction. Not sure how long their review will take but the First Minister and Leslie Evans are keen to resolve quickly and discuss on Tuesday. I suspect we don’t have a policy on former civil servants. But we are looking at this in the context of the overall review of policies and the justification for having something about Ministers is the action that Parliament is taking in light of allegations about MSP conduct which includes a recent SG Minister?”.

Afternote 1: Questioned by the Inquiry Hynd said: “Given the commission from the Cabinet, given that Nicola Sturgeon had written to the presiding officer and was keen to take national leadership on the matter and given that Leslie Evans was keen that her duty of care to staff was as full and comprehensive as it might be, delaying until what turned out to be until September 2018 did not feel like an option to me.” Note: But procedures for civil servants was not updated to include retrospective consideration of harassment allegations.

Afternote 2: Lloyd stated that the inclusion of herself in the circulation of the draft created a requirement to identify and amend the ministerial code, if necessary since the code is the responsibility of the First Minister. She had not shared or discussed the draft procedure with any member of the SNP. Lloyd and the First Minister’s, Principal Private Secretary (PPS) John Somers, decided to compile an “instruction from the First Minister” which would be sent to Ms Evans providing clarity that implementation of a policy relating to ministers and former ministers was within the scope of the original cabinet commission. And a final draft note was forwarded to the First Minister’s office for her consideration and signature over the weekend to ensure work on the procedure could continue.

20 Nov: Complainer, Ms A, arranged a meeting with Somers at which she told him of experiences in the past that she wanted to share in a way that would improve the organization and make sure that no one else would have to go through that sort of thing again. She stressed she was not making a complaint, she simply wanted to assess her options for how she could best share the information. An option would be to speak to the First Minister which was why she had approached him. Somers said he felt “overwhelmed” by the disclosure and with the permission of Ms A, he informed his line manager Barbara Allison and the director of safer communities, Gillian Russell.

21 Nov: Somers and two unnamed officers met with Ms A and agreed she would take the matter up directly with his line manager Barbara Allison, with a proviso that if she felt she was not being taken seriously or no one was listening to her, she should get back in touch with Somers who would set-up a personal meeting for her with the First Minister. He never heard from her. He went on to say that he did not tell the First Minister that Ms A had confided in him because it wasn’t his experience to share and had he done so he would have put the First Minister in a state of knowledge about something she could not have taken action upon at that point?”

Afternote 1: His decision not to inform the First Minster denied Miss A the informal meeting she had asked for and escalated events from informal to formal. His reasoning was flawed since it was based on a rebuttable assumption. His choice of words is also significant. “at that point” could be a reference to the draft policy which he was working on with Lloyd. He fine well knew what he was doing.

Afternote 2: In her statement to the inquiry the Scottish Government’s Director for Communications, Ministerial Support & Facilities, Barbara Allison, who was Director of People from 2009 to 2016, said that Alex Salmond was a “visionary and dynamic” and although demanding and difficult to work for people also expressed that they enjoyed working for him. She had never heard of sexual misconduct concerns about him while he was the First Minister. Nor had she heard of any concerns being escalated to the status of formal complaints while she was in charge of human resources.

Afternote 3: Allison said she had not raised any issues of bullying or harassment with either Evans or Nicola Sturgeon and for clarity, she emphasized to the inquiry that she was not aware of any issues about sexual harassment” and added that she was a “huge advocate” for informal resolution, stating that if a matter could be resolved through this process, then “absolutely people must have recourse to a formal process”. She went on to tell the Inquiry that she was first notified of concerns in November 2017 when two unnamed female civil servants, (Ms A and Ms B) raised them with her.

22 Nov: Somers emailed the First Minister’s “instruction from the First Minister” to Leslie Evans, the Head of the Civil Service in Scotland. It read:

“As is clear from the continued media focus on cases of sexual harassment, in many instances, people are now making complaints regarding actions that took place some time ago. I wanted to make clear that in taking forward your review, and the new arrangements being developed, you should not be constrained by the passage of time. I would like you to consider ways in which we are able to address if necessary any concerns from staff, should any be raised, about the conduct of current Scottish Government ministers and also former ministers, including from previous administrations regardless of party. While I appreciate that the conduct of former Ministers would not be covered by the current Ministerial Code, I think it fair and reasonable that any complaints raised about their actions while they held office are considered against the standards expected of Ministers. I would be grateful for confirmation that this particular aspect is being included as part of the review you are leading.”

Note: The letter of instruction makes no sense since the newly written draft procedure was already in place and circulated within the senior Civil Servant management team. And James Hynd, the person who wrote the new procedure was not copied into the correspondence.

24 Nov: A fifth draft of Hynd’s, policy delegated authority to the Permanent Secretary to investigate complaints but made it clear the First Minister should also be alerted. A copy was also sent to the First Minister.

23 Nov:  Nicola Richards sent an e-mail to Leslie Evans, copied to Judith Mackinnon “we would need to consult with the individual before disclosing to another party or the Police because of the risk of the matter getting into the press and the individuals being identified. We have a duty of care for our staff which means we shouldn’t do something that puts them at risk, so if they don’t want us to share information or go to the police, it would be very difficult to justify (sic) doing so (without putting them at risk of being identified and wider impacts.) This was subsequently changed on 9th January 2018 to read “SG as employer will not refer specific cases to police without the knowledge/consent of the employee.”

24 Nov: Lloyd, Somers, Hynd and a member of the Permanent Secretary’s office, attended a meeting to further discuss the content of the “instruction from the First Minister” and to establish and agree clear lines of responsibility between the First Minister and the Permanent Secretary. A second purpose was to reword the second draft procedure inserting changes designed to prevent the First Minister from stopping the Permanent Secretary, who has a duty of care to civil servants, from investigating a sexual harassment complaint made by a civil servant against a minister if the Permanent Secretary judged there was something to investigate.

Additional input from Liz Lloyd included the view that it was essential that the First Minister should be made aware of an investigation or allegation into a serving minister, before the event, in order to determine if, under the ministerial code, that minister could remain in post whilst an investigation was conducted. Yet she later stipulated that on that date she had no knowledge, of any of the allegations against Alex Salmond that were subsequently investigated under the new procedure.

29 Nov: Gillian Russell wrote to Ms A “as agreed, I sent your narrative on in confidence to Nicky (Richards) and Judith (Mackinnon). I have now been asked by Nicky and Judith if you would be prepared to speak to them following receipt of your narrative. As part of this discussion Nicky would like to share with you the developing policy for handling complaints against former and current ministers. This would give you an opportunity to test whether this would have helped at the time and also to consider next steps.” Later that day Ms A agreed to do so but reterated her wish to speak first personally with Nicola Sturgeon.

29 Nov: Ms Richards, met with Ms Evans, who then went on to have a “private summit meeting with the First Minister, “to discuss events to-date, including the allegations of harassment by Alex Salmond and all other relevant aspects of the development of the proposed procedure”.

Afternote: The meeting had been convened with the express purpose of re-drafting parts of the draft harassment procedure including removing any reference to the early involvement of the First Minister and the inclusion of former Ministers. This was an official meeting to discuss Government policies and Nicola Sturgeon’s private secretary was present to record a minute.

Alex Salmond’s team requested a copy of the minute of the meeting only to be told that the notebook in which the minute had been recorded had been destroyed. An act of vandalism unprecedented in Government. So the Inquiry and Alex Salmond will never know, for certain what was discussed and decided. Given the significance of the meeting it is also inexplicable that it does not have a place of any significant standing in the timeline of events pertaining to the development of the process.

30 Nov: Richards emailed Hynd, the Head of the Cabinet Secretariat: “Would you be able to send me the latest version of the process I agreed with Leslie Evans that I would test against some key individuals?”

01 Dec: Hynd sent the “eighth” harassment policy draft to Ms Richards.

05 Dec: Richards, met with Ms B and after shared the draft procedures gained from her confirmation that had the procedures been in place at the time she was sexually harassed it would have been of great benefit providing clear instructions as to the courses of action available to her.

05 Dec: Mackinnon, met with Ms A and after sharing the draft procedures gained from her confirmation that had the procedures been in place at the time she was sexually harassed it would have been of great benefit providing clear instructions as to the courses of action available to her.

05/06 Dec: Richards, redrafted the “eighth” draft procedure following her meeting with Ms B, this time removing the First Minister from the complaints process regarding former ministers. She completed the re-draft at 11:34pm on the evening of 5 Dec and forwarded it, under cover of an email, to Evans, Hynd, MacKinnon, and an unnamed lawyer. The email stated: “As discussed today, I’ve made some revisions to the process.”

06 Dec: At 0528 hours Evans emailed Richards, Hynd, and a third person writing, “Spoke with John S (Swinney?) last night. We agreed you would send up tweaked codes in draft without any letters just now. and as discussed, info on the steps and touchpoints involved in the process also useful. Keep me posted back in the office tomorrow but happy to talk. John (Swinney?) also I’m sure.”

Afternote 1:

Evans told the inquiry team that she did not see a “natural role” for a Special Advisor in the Scottish Government response to the judicial review brought by Alex Salmond. But a freedom of information response listed 17 meetings at which lawyers involved in the judicial review met with Nicola Sturgeon or senior staff, with Liz Lloyd present at three meetings in Oct and Nov 2018.

Evans, faced with the facts, was forced to correct her evidence to confirm that Nicola Sturgeon’s political special advisor, Liz Lloyd, did fully participate in meetings at which the allegations against Alex Salmond were discussed.

Afternote 2: Somers told the inquiry that he had no involvement in the development of the procedure used against Alex Salmond. This is not true. Somers, in his capacity as Sturgeon’s Principal Private Secretary, had a key role in developing the policy at a critical time.

5 Dec 2017: The “letters” that Somers was subsequently instructed “not” to send to Sturgeon were the “tweaked codes” which Somers and Hynd had been instructed by Evans to draft in line with the procedure as it had existed prior to her discussion with Somers, and for the purpose of intimating the new procedure to former Ministers and former First Ministers when it would be approved by the First Minister in due course. The “letters” disappeared from the development process after the discussions and the Scottish Government has persistently refused to disclose the contents.

Exactly what comprised the “steps and touchpoints involved in the process” was discussed by Evans and Somers but the content remains guesswork since no-one at the Inquiry asked Somers, or has ever asked Evans, what was meant by these terms. But what is clear is that both Evans herself and Somers were “happy to talk” to Richards, Hynd, and the third person about these “steps and touchpoints” in the radically recast procedure.

There is a hugely significant context of the very obvious involvement of Somers, acting on behalf of Sturgeon, in the development, actually, in the complete recast of the procedure. For now, it is worth noting that Somers’s evidence on affirmation was given, as Somers himself pointed out, with the specific advance endorsement of the Scottish Government.

05 Dec: First contact between the SG and Police Scotland was initiated by the Deputy Director of People, Ms Judith McKinnon, who on 5th December emailed the Detective Chief Superintendent (DCS), Head of Public Protection at Police Scotland.

An email response was sent on the same date and a physical meeting was arranged, which took place on 6th December, attended by the Deputy Director of People, Ms Judith McKinnon,, the DCS, the Chief Superintendent (CS), Local Policing Commander for Edinburgh Division and Detective Superintendent (DSU) for Edinburgh Division.

In addition to the email contact between Ms Judith McKinnon and the DCS and latterly to the DSU on the dates above, a number of telephone conversations and email exchanges took place between McKinnon, and the DSU on 30th January 2018; 31st January 2018; 18th April 2018; 19th April 2018; 1st August 2018; 2nd August 2018 and 3rd August 2018. The initial email contact indicated that advice was being sought on the SG approach to sexual harassment procedures responding to the #metoo movement, and, SG obligations in response to allegations made by staff or former staff which may constitute a criminal offence.

06 Dec: McKinnon, was provided with information in respect of the existing reporting mechanism within the Scottish Parliament. The mechanism had been established in response to UK wide media reporting of alleged inappropriate conduct involving members of the UK Parliament.

The mechanism had been established in response to UK wide media reporting of alleged inappropriate conduct involving members of the UK Parliament. A ‘hotline’ number had been launched by the Scottish Parliament that day which directed callers to support agencies and, where appropriate, the police. The ‘hotline’ did not report matters directly to the police but would instead direct callers to contact ‘101’ or ‘999’ in an emergency. McKinnon, was also provided with the advice that any potential victim or complainer should be provided with details of support and advocacy services. which would allow concerns to be discussed with an experienced advocacy worker with knowledge of the criminal justice process and to support the individual to report matters to the police. Advice was also given that where criminality was suspected, individuals should be directed to support and advocacy services, to enable them to make informed decisions about whether or not to report matters to the police. This advice was reiterated on several occasions throughout the ongoing contact between December 2017 and August 2018.

A number of hypothetical questions were posed during email and telephone contact around the criminal justice process. Police Scotland advised that, without specific details, no appropriate response could be given and no assessment of risk could be made. It was further emphasised that individuals should be directed to the relevant support services as it appeared that the hypothetical questions were predicated upon a specific set of circumstances and the SG response to that set of circumstances, rather than development of a generic procedure. The hypothetical questions also suggested more than one victim of potential criminality and as such, it was stressed that, without knowledge of the detail, any risk that a suspect might present, could not be properly assessed or mitigated. It was highlighted that SG staff were not trained to undertake such investigations, or to engage with victims. No details of potential victims or perpetrators were provided by SG and, throughout the contact, Police Scotland encouraged SG to refer victims to appropriate support services. Police Scotland was not invited to provide comment in relation to a draft ‘procedure’ or framework for the handling of harassment complaints, nor was any draft or final document shared with Police Scotland.

On Tuesday 21st August 2018, complaints against the former First minister were formally referred to Police Scotland by the Crown Agent. This took place during a meeting at the Crown Office, Edinburgh, involving the Crown Agent, the Chief Constable and the DCS, Head of Public Protection. The SG did not refer matters directly to Police Scotland.

Afternote 1:

Evidently the Scottish Government had no interest in developing a comprehensive procedure covering harassment in the workplace. Discussions between Scottish Government representatives and the police centred on a number of hypothetical incidents each of which provided indication that a particular former senior politician was the subject under discussion. The police backed off and raised warning signals about the SG methodology. Police Scotland went on to advise that the Scottish Government was not qualified or trained to undertake investigations on its own and any alleged victims should be directed to “support and advocacy services” who could help them decide what to do and whether to involve the police. The Scottish Government, ignored the advice and went on to conduct its own illegal and biased investigations and found Salmond guilty, and then when that illegality was about to be exposed it reported the complaints to the police AGAINST the express wishes of the complainers, and also against the rules it had itself written after taking the advice of the employees’ trade union.

Afternote 2:

Procedure: Para 19: Throughout the process, all available steps will be taken to support the staff member and ensure they are protected from any harmful behaviour. However, if at any point it becomes apparent to the SG that criminal behaviour might have occurred the SG may bring the matter directly to the attention of the Police. Also, if it became apparent that the matter being raised formed part of a wider pattern of behaviour, it may be necessary for the SG to consider involving the Police in light of the information provided. SG, as employer will not refer specific cases to the police without the knowledge/consent of the employee. Should either of these steps be necessary the staff member would be advised and supported throughout.

07 Dec: MacKinnon met with complainant Ms B.

10 Dec: Evidently there was a deadline for the submission of the procedure for the signature of the First minster and this was confirmed in yet another email and document enclosure and to the same people in which Richards wrote: “I’ve updated the timeline and this is the final version of the policy I’ve sent to Evans.” The “air” of finality clearly suggested that the civil service team, supported by legal opinion were confident it would be signed off and introduced.

12 Dec: Leslie Evans and Nicola Sturgeon met and discussed the “new” procedures procedures.

12 Dec: Evans wrote to Sturgeon: “You wrote me on 22 Nov regarding the review of the Scottish Government’s policies and processes on sexual harassment. As we have discussed, we have a shared commitment to ensure that the arrangements that are in place are effective and contribute to the work already in hand to promote an inclusive and respectful culture across the Scottish Government.

Your letter, in particular, asked me to consider as part of the review, ways in which any concerns raised by staff about the conduct of current or former Ministers could be addressed. I have developed, for your agreement, a process for how complaints of harassment, including sexual harassment, might be taken forward.

This new process aims to ensure that I am able to fulfill my duty of care to staff by taking the necessary steps to support the member of staff and to put in train any further action that might be required within the civil service as a result of the issues raised.

As far as current Ministers are concerned, the process will also assist you in taking forward your responsibilities under the Scottish Ministerial Code.

It also sets out how complaints against former Ministers will be handled. Given that the process engages the responsibility of the First Minister for the application of the Ministerial Code, we will seek approval for the ongoing application of the process on each occasion the Ministerial Code is updated.

I should be grateful to learn if you are content to adopt the process set out in the annex. As you have requested, I am happy to update the Cabinet about the outcome of the review whenever you wish.

14 Dec: 0841. Richards emailed Private Secretary (2) to Evans, Hynd, Mackinnon, and the Head of Branch, Peoples Directorate: Policy on Complaints Against Ministers. I’ve amended the letter and policy in line with our exchange. If this looks OK I’d like first for us to run this past the unions before the final exchange with the First Minister.

I think I would just share the part about current ministers because that is what would form part of our revised F@W policy. I think the former minister’s process is more for us to know what we would do rather than to have out there as a published policy. Although we would share it if asked.

I copied in Head of Branch, People Directorate (1) and Judith because I’ll be on leave from close today. It would be good to get this tied up quickly. Head of Branch, People Directorate (1) – in preparation for sharing this with the unions could you abstract the current ministers part? cheers Nicky.

14 Dec: 1043. Hynd emailed Richards, Private Secretary 2, Mackinnon and, Head of Branch Peoples Directorate 1: Policy on Complaints Against Ministers. Thanks for this. Some formatting wrinkles had crept in which I have now sorted in the attached version (‘final’). Other than the removal of references to ‘sexual’, the text remains the same as that which went to the First Minister and on which she commented.

14 Dec: 1120. Private Secretary 2 to Evans emailed Hynd, Richards, MacKinnon, and Head of Branch, Peoples Directorate 1: Policy on Complaints Against Ministers. I’ve just spoken with Hynd about another few small adjustments – just to ensure using consistent terms throughout. Nothing substantive. Hynd is kindly making those adjustments and will circulate the final version shortly so Head of Branch, People Directorate 1 you may wish to hold off your preparation of the version for Unions meantime.

In terms of timing to the First Minister, we will put the procedure to the First Minister once we have the green light from Richards. If we want to appraise the Permanent Secretary of timings and sharing with Unions, she is tied up in interviews today till 15:00 and then on leave until Tuesday – but contactable.

14 Dec: 11:32. Hynd emailed Private Secretary 2 to Evans, Richards, Mackinnon, and Head of Branch, People Directorate 1: Policy on Complaints Against Ministers. Dear all. With sincere and deepest thanks to Private Secretary 2 to Evans, here is yet another ‘final’ version.

20 Dec: The First minister signed off the new procedure.

16-23 Jan 2018: Ms A and Ms B lodged formal complaints against Alex Salmond under the new procedure. The Scottish Government launched a probe into the conduct of Alex Salmond, headed by MacKinnon, who had been appointed to the role of “Investigating Officer” by Richards.

Afternote: The action of Richards contravened long-standing misconduct regulations which state that the subject officer must receive immediate formal notification of any misconduct allegation once it has been determined that an investigation is required and an investigator has been appointed but before the start of an investigation so that the subject officer can be provided with an opportunity to address it if it is their wish and the decision to appoint an “investigating officer” should not have been instructed by Richards on her own!!!! But did she?

Judith Mackinnon was assigned the duty of Investigating Officer despite having prior contact with the complainers an appointment the Scottish Government later admitted in court was an unlawful instruction given that the Investigating Officer had prior involvement with the complainers.

Afternote: Evans, who led the Alex Salmond sexual misconduct investigation told the inquiry it would have been “inappropriate” for her to know the identities of the two female complainants before the investigations were complete. Yet Richards, in her evidence, said that Permanent Secretary Evans met Miss A and Miss B and discussed their complaints in the context of the newly expanded complaints procedure which meant former ministers and MSPs could now be investigated for misconduct. Evans also explained her consideration of the initial investigation report and informed both complainants of her decision and what this meant in terms of the next steps in the procedure.