Scottish Government Inquiry Shambles
The BBC reports that the Scottish Government has been forced to pay £500,000 in legal expenses over its flawed inquiry into allegations against Alex Salmond.
Now I have a feeling that this whole affair is going to lead to the demise of the current First Minister Nicola Sturgeon, as I cannot think of a plausible reason to explain the significant (unrecorded) level of contact between Nicola Sturgeon and Alex Salmond while this highly sensitive investigation was underway.
In truth, the Scottish Government was never going to do anything other than refer these allegations to the Police if they felt there was a case to answer, not least because the Scottish Government has no powers to hold a former First Minister (as a private citizen) to account.
The upshot is that the Scottish Government looks terribly amateurish and while Alex Salmond did win a Pyhrric victory with his judicial review in the Court of Session it was clear from the outset that this outcome would not prevent Police Scotland from raising criminal proceedings.
As things stand, the former First Minister now faces two charges of attempted rape, nine of sexual assault, two of indecent assault and one of breach of the peace - yet such serious allegations could only ever have been dealt with by Police Scotland and the judicial system.
So the original investigation along with its hugely costly judicial review appear to have been a terrible waste of public money and resources.
https://www.bbc.co.uk/news/uk-scotland-scotland-politics-49331140
Scottish government pays out £500,000 in costs to Alex Salmond
Image copyright - GETTY IMAGES Image caption - Alex Salmond still faces multiple charges of attempted rape and sexual assault, which he denies
The Scottish government has paid out more than £500,000 in legal expenses to Alex Salmond over its flawed inquiry into sexual harassment claims.
The government admitted breaching its own guidelines after the former first minister challenged how allegations against him were handled.
He still faces multiple charges of attempted rape and sexual assault, which are separate to this review.
Mr Salmond denies the charges, and is expected to go on trial next year.
A spokesman for the Scottish government confirmed that a final settlement of £512,250 had been paid out for legal costs arising from the judicial review case.
A parliamentary inquiry into the handling of the internal complaints has been put on hold until the criminal case is complete.
The Scottish government has paid out more than £500,000 in legal expenses to Alex Salmond over its flawed inquiry into sexual harassment claims.
The government admitted breaching its own guidelines after the former first minister challenged how allegations against him were handled.
He still faces multiple charges of attempted rape and sexual assault, which are separate to this review.
Mr Salmond denies the charges, and is expected to go on trial next year.
A spokesman for the Scottish government confirmed that a final settlement of £512,250 had been paid out for legal costs arising from the judicial review case.
A parliamentary inquiry into the handling of the internal complaints has been put on hold until the criminal case is complete.
Image copyright - GETTY IMAGES Image caption - The payout relates to Mr Salmond's judicial review at the Court of Session in Edinburgh
The Scottish government inquiry was sparked after allegations against the former first minister were submitted in January 2018.
Mr Salmond described the complaints - which dated back to his time as first minister, in 2013 - as "patently ridiculous".
He quit the SNP and brought a legal action against the government, saying the way the investigation had been handled was "unfair and unjust".
The government initially said it would defend its position "vigorously" in court, but admitted in January 2019 - shortly before the first hearing was due to take place - that there had been a "failure" in following its complaints-handling process.
The judicial review was focused entirely on the fairness of the government's procedures, and has no bearing on the separate police inquiry.
The Scottish government inquiry was sparked after allegations against the former first minister were submitted in January 2018.
Mr Salmond described the complaints - which dated back to his time as first minister, in 2013 - as "patently ridiculous".
He quit the SNP and brought a legal action against the government, saying the way the investigation had been handled was "unfair and unjust".
The government initially said it would defend its position "vigorously" in court, but admitted in January 2019 - shortly before the first hearing was due to take place - that there had been a "failure" in following its complaints-handling process.
The judicial review was focused entirely on the fairness of the government's procedures, and has no bearing on the separate police inquiry.
Image copyright - ANDREW COWAN Image caption - MSPs are to hold an inquiry into how the government handled its internal investigation
A Holyrood inquiry into how the government handled the case has been set up, and First Minister Nicola Sturgeon has also referred herself to a conduct panel to check whether she breached the ministerial code in her dealings with her predecessor.
A spokesman for Mr Salmond said the coming parliamentary inquiry "may wish to ask the very obvious questions of why this unlawful process involving such a huge waste of public funds was undertaken by the Scottish government and who was responsible for these decisions".
The Scottish Conservatives also said the scale of the payout was "outrageous", and that "parliament must get to the bottom of exactly what happened".
However, the parliamentary inquiry has been put on hold until after the criminal case against Mr Salmond has run its course.
Two weeks after his victory in the judicial review, Mr Salmond was charged with 14 offences - including two charges of attempted rape, nine of sexual assault, two of indecent assault and one of breach of the peace.
He insisted he was innocent of any criminality and said he would defend himself "to the utmost".
BBC Scotland understands Mr Salmond's trial will not being until January 2020 at the earliest.
Dani Garavelli wrote a compelling article earlier this year about the ongoing fight for equal pay in Glasgow City Council.
In this piece for Scotland on Sunday, Dani Garavelli focuses on the allegations of sexual harassment/assault against the former First Minister, Alex Salmond.
A thoughtful and fair minded contribution, if you ask me, compared to the ugly reaction on social media where Salmond can either do no wrong or do no right.
The key point is that when it comes to sexual harassment and sexist behaviour women's voices are at long last being heard.
https://www.scotsman.com/news/opinion/dani-garavelli-why-should-salmond-be-treated-any-differently-1-4789829
Dani Garavelli: Why should Salmond be treated any differently?
Alex Salmond speaks to the press at the Champany Inn, Linlithgow.
By DANI GARAVELLI - Scotland on Sunday
When Nicola Sturgeon called for a review of the way the Scottish Government handled sexual harassment claims in the wake of the Westminster scandal, she could scarcely have imagined that the first person to fall foul of the updated procedures would be her predecessor as First Minster.
But fate is a fickle mistress; and so late on Thursday it emerged her friend and mentor, Alex Salmond, was at the centre of two allegations of sexual harassment/assault examined by civil servants operating under the new rules on complaints against ex-ministers. These allegations had been passed on to the police.
The following morning, Sturgeon faced the unenviable prospect of publicly responding to a situation which has the potential to rip the SNP apart. The pressure must have been immense. Sturgeon’s friendship with Salmond is close and long-standing; they stood side by side throughout the referendum campaign, although the relationship appears to have frayed over the past year.
With a survey suggesting one in five people in Holyrood have experienced sexual harassment or sexist behaviour, however, it was crucial the First Minister put the rights of the women to have their complaints rigorously investigated above personal loyalty. As someone who has trumpeted her support for gender equality in the workplace near the top of her agenda, anything short of an explicit endorsement of permanent secretary Leslie Evans’ actions would have been judged as hypocrisy.
In the event, Sturgeon, though clearly perturbed, rose to the occasion. “I have been clear... that all organisations and workplaces must make it possible for people to come forward to report concerns and have confidence that they will be treated seriously,” she said. “For that principle to mean anything it cannot be applied selectively. It must be applied without fear or favour, regardless of the identity, seniority or political allegiance of the person involved.”
Her determination not to waver in the face of Salmond’s anger and the spectre of a court case was significant for several reasons. Earlier in the week, the revelation that actor Asia Argento, one of the first women to accuse Harvey Weinstein of assault, was alleged to have slept with an underage boy, prompted a mini backlash against #MeToo. With some critics exploiting Argento’s behaviour to undermine the campaign, it was good to hear a political leader reassert the importance of creating a culture of accountability.
Nicola Sturgeon spoke powerfully the other day about the importance of her party behaving with integrity in response to the claims of sexual harassment made against Alex Salmond:
"An honourable man, shamed by a dishonorable english government, afraid of his love and vision for Scotland."
"Let’s show the establishment that we are behind Alex"
"The injustice of the UK process"
"Get justice and expose this hateful media and their gutter type tactics."
"Don’t let the Westminster Shites get you Alex our take Our Dream Away ...With you All the Way ..Just see what the Magic Happen. Xxx Admire You"
"Indy supporters have been warning of smear campaigns in an attempt to undermine the Indy Movement and SNP."
"I do not believe any of the allegations made against him and wish to support him in any way possible to restore his reputation and help him continue his fight for our country."
"Good luck in you're fight. Sort this nest of vipers out and expose them for what they are, enemies of Scotland."
"Just another round of stupidity in the Westminster Circus. Stand firm Alex."
'Real Scots are behind you Alex"
"Alex I know you are innocent and I stand with you x"
Now the Scottish Government is following a new policy which was requested and approved by SNP ministers and although Alex Salmond claims to be unaware of the allegations and evidence on which they are based, he has already dismissed them as "patently ridiculous".
Which is a rather odd way of behaving with 'integrity', if you ask me.
Alex Salmond denies sexual misconduct allegations
Alex Salmond profile
The Daily Record said Mr Salmond was reported to police over allegations he sexually assaulted two staff members at the first minister's official residence at Bute House in Edinburgh in December 2013.
A Police Scotland spokesman said the force was "not going to comment on whether an inquiry is ongoing."
Mr Salmond, who had two spells as leader of the pro-independence SNP, led the devolved Scottish government as first minister from 2007.
He quit in the aftermath of the independence referendum in 2014, when Scotland voted to remain in the United Kingdom.
In his statement, Mr Salmond says he refutes all of the allegations against him. He did not say what the claims were, but described some of them as being "patently ridiculous".
He also said that "on the advice of Senior Counsel" he had been complaining to the Scottish government's permanent secretary, Leslie Evans, that the complaints procedure was "unjust" and "unlawful".
The permanent secretary is responsible for the Scottish government's 5,000 civil servants, and is the principal policy advisor to Nicola Sturgeon, who succeeded Mr Salmond as first minister and SNP leader.
'Tried everything'
Mr Salmond said: "Even now I have not been allowed to see and therefore to properly challenge the case against me.
"I have not been allowed to see the evidence. I have tried everything, including offers of conciliation, mediation and legal arbitration to resolve these matters both properly and amicably.
"This would have been in everybody's interests, particularly those of the two complainants. All of these efforts have been rejected."
Alex Salmond
He said that if he lost the case he would have to answer to the complaints against him "both comprehensively and publicly".
But he warned that "the administration at the senior levels of the Scottish government will have the most serious questions to answer" if the court finds in his favour.
Analysis by Glenn Campbell, BBC Scotland political correspondent
This will send shockwaves through the country, not just the political bubble that Alex Salmond has operated in for many decades.
The story broke just after 10 o'clock last night, when Mr Salmond released a statement on his social media sites in response to a story in the Daily Record newspaper.
The headline from the statement is extraordinary enough - he is going to take the Scottish government to court, which given that he used to head that government is a remarkable development.
But it's even more extraordinary when you consider the reasons why. Mr Salmond has decided to challenge the Scottish government's complaints procedure after two people, according to Mr Salmond, lodged complaints against him.
He also says that he intends to give media interviews, perhaps as early as today.
Responding to his statement, a Scottish government spokesman said: "We can confirm that Alex Salmond has initiated legal proceedings against the Scottish government and as a result we are restricted in what we can say.
"However, the Scottish government will defend its position vigorously. As a matter of principle and integrity, it is vital that any allegations of harassment are treated seriously and investigated thoroughly, regardless of the identity of the party involved."
Mr Salmond was elected as the SNP MP for Gordon in 2015 before losing the seat in the snap general election two years later.
He has faced heavy criticism for hosting the Alex Salmond Show on Russian broadcaster RT, which has been described as a propaganda channel for the Kremlin - a claim Mr Salmond has denied.
A Holyrood inquiry into how the government handled the case has been set up, and First Minister Nicola Sturgeon has also referred herself to a conduct panel to check whether she breached the ministerial code in her dealings with her predecessor.
A spokesman for Mr Salmond said the coming parliamentary inquiry "may wish to ask the very obvious questions of why this unlawful process involving such a huge waste of public funds was undertaken by the Scottish government and who was responsible for these decisions".
The Scottish Conservatives also said the scale of the payout was "outrageous", and that "parliament must get to the bottom of exactly what happened".
However, the parliamentary inquiry has been put on hold until after the criminal case against Mr Salmond has run its course.
Two weeks after his victory in the judicial review, Mr Salmond was charged with 14 offences - including two charges of attempted rape, nine of sexual assault, two of indecent assault and one of breach of the peace.
He insisted he was innocent of any criminality and said he would defend himself "to the utmost".
BBC Scotland understands Mr Salmond's trial will not being until January 2020 at the earliest.
No Special Treatment (27/08/18)
Dani Garavelli wrote a compelling article earlier this year about the ongoing fight for equal pay in Glasgow City Council.
In this piece for Scotland on Sunday, Dani Garavelli focuses on the allegations of sexual harassment/assault against the former First Minister, Alex Salmond.
A thoughtful and fair minded contribution, if you ask me, compared to the ugly reaction on social media where Salmond can either do no wrong or do no right.
The key point is that when it comes to sexual harassment and sexist behaviour women's voices are at long last being heard.
https://www.scotsman.com/news/opinion/dani-garavelli-why-should-salmond-be-treated-any-differently-1-4789829
Dani Garavelli: Why should Salmond be treated any differently?
Alex Salmond speaks to the press at the Champany Inn, Linlithgow.
By DANI GARAVELLI - Scotland on Sunday
When Nicola Sturgeon called for a review of the way the Scottish Government handled sexual harassment claims in the wake of the Westminster scandal, she could scarcely have imagined that the first person to fall foul of the updated procedures would be her predecessor as First Minster.
But fate is a fickle mistress; and so late on Thursday it emerged her friend and mentor, Alex Salmond, was at the centre of two allegations of sexual harassment/assault examined by civil servants operating under the new rules on complaints against ex-ministers. These allegations had been passed on to the police.
The following morning, Sturgeon faced the unenviable prospect of publicly responding to a situation which has the potential to rip the SNP apart. The pressure must have been immense. Sturgeon’s friendship with Salmond is close and long-standing; they stood side by side throughout the referendum campaign, although the relationship appears to have frayed over the past year.
With a survey suggesting one in five people in Holyrood have experienced sexual harassment or sexist behaviour, however, it was crucial the First Minister put the rights of the women to have their complaints rigorously investigated above personal loyalty. As someone who has trumpeted her support for gender equality in the workplace near the top of her agenda, anything short of an explicit endorsement of permanent secretary Leslie Evans’ actions would have been judged as hypocrisy.
In the event, Sturgeon, though clearly perturbed, rose to the occasion. “I have been clear... that all organisations and workplaces must make it possible for people to come forward to report concerns and have confidence that they will be treated seriously,” she said. “For that principle to mean anything it cannot be applied selectively. It must be applied without fear or favour, regardless of the identity, seniority or political allegiance of the person involved.”
Her determination not to waver in the face of Salmond’s anger and the spectre of a court case was significant for several reasons. Earlier in the week, the revelation that actor Asia Argento, one of the first women to accuse Harvey Weinstein of assault, was alleged to have slept with an underage boy, prompted a mini backlash against #MeToo. With some critics exploiting Argento’s behaviour to undermine the campaign, it was good to hear a political leader reassert the importance of creating a culture of accountability.
Scots Wha Hae! (03/09/18)
Nicola Sturgeon spoke powerfully the other day about the importance of her party behaving with integrity in response to the claims of sexual harassment made against Alex Salmond:
“How we deal with this, and how we are seen to respond to this, will say a lot about who we are as a party and also about the country we are today and want to build for the future.
“I believe in a Scotland where there is equality before the law, where there’s not one rule for the powerful and another rule for everyone else, and where all parties get fair and due process.
“Let’s not forget that at the heart of this, amidst all the focus on process, politics and personalities, there are two people who have brought forward complaints, which cannot have been at all easy to do.”
Meanwhile some of the comments made by donors on Alex Salmond's crowdfunding page told a very different story:
"An honourable man, shamed by a dishonorable english government, afraid of his love and vision for Scotland."
"Let’s show the establishment that we are behind Alex"
"The injustice of the UK process"
"Get justice and expose this hateful media and their gutter type tactics."
"Don’t let the Westminster Shites get you Alex our take Our Dream Away ...With you All the Way ..Just see what the Magic Happen. Xxx Admire You"
"Indy supporters have been warning of smear campaigns in an attempt to undermine the Indy Movement and SNP."
"I do not believe any of the allegations made against him and wish to support him in any way possible to restore his reputation and help him continue his fight for our country."
"Good luck in you're fight. Sort this nest of vipers out and expose them for what they are, enemies of Scotland."
"Just another round of stupidity in the Westminster Circus. Stand firm Alex."
'Real Scots are behind you Alex"
"Alex I know you are innocent and I stand with you x"
Now the Scottish Government is following a new policy which was requested and approved by SNP ministers and although Alex Salmond claims to be unaware of the allegations and evidence on which they are based, he has already dismissed them as "patently ridiculous".
Which is a rather odd way of behaving with 'integrity', if you ask me.
Alex Salmond denies sexual misconduct allegations
Image copyright - GETTY IMAGES Image caption - Mr Salmond was first minister of Scotland between 2007 and 2014
The former Scottish first minister, Alex Salmond, has described sexual misconduct allegations against him as "patently ridiculous".
The claims date back to December 2013, when Mr Salmond was still in office, according to the Daily Record.
In a statement, he said he was taking the Scottish government to court to challenge the complaints procedure which had been activated against him.
The Scottish government said it would "defend its position vigorously".
And it said it was vital that any allegations of harassment were treated seriously and investigated thoroughly, regardless of who was said to have been involved.
The former Scottish first minister, Alex Salmond, has described sexual misconduct allegations against him as "patently ridiculous".
The claims date back to December 2013, when Mr Salmond was still in office, according to the Daily Record.
In a statement, he said he was taking the Scottish government to court to challenge the complaints procedure which had been activated against him.
The Scottish government said it would "defend its position vigorously".
And it said it was vital that any allegations of harassment were treated seriously and investigated thoroughly, regardless of who was said to have been involved.
Alex Salmond profile
The Daily Record said Mr Salmond was reported to police over allegations he sexually assaulted two staff members at the first minister's official residence at Bute House in Edinburgh in December 2013.
A Police Scotland spokesman said the force was "not going to comment on whether an inquiry is ongoing."
Mr Salmond, who had two spells as leader of the pro-independence SNP, led the devolved Scottish government as first minister from 2007.
He quit in the aftermath of the independence referendum in 2014, when Scotland voted to remain in the United Kingdom.
In his statement, Mr Salmond says he refutes all of the allegations against him. He did not say what the claims were, but described some of them as being "patently ridiculous".
He also said that "on the advice of Senior Counsel" he had been complaining to the Scottish government's permanent secretary, Leslie Evans, that the complaints procedure was "unjust" and "unlawful".
The permanent secretary is responsible for the Scottish government's 5,000 civil servants, and is the principal policy advisor to Nicola Sturgeon, who succeeded Mr Salmond as first minister and SNP leader.
'Tried everything'
Mr Salmond said: "Even now I have not been allowed to see and therefore to properly challenge the case against me.
"I have not been allowed to see the evidence. I have tried everything, including offers of conciliation, mediation and legal arbitration to resolve these matters both properly and amicably.
"This would have been in everybody's interests, particularly those of the two complainants. All of these efforts have been rejected."
Image copyright - PA Image caption - Mr Salmond has hosted a show on the controversial RT station since last November
Alex Salmond
- Leader of Scottish National Party 1990-2000 and 2004-2014
- First Minister of Scotland 2007 - 2014
- Stood down after Scotland voted to remain in the United Kingdom
He said that if he lost the case he would have to answer to the complaints against him "both comprehensively and publicly".
But he warned that "the administration at the senior levels of the Scottish government will have the most serious questions to answer" if the court finds in his favour.
Analysis by Glenn Campbell, BBC Scotland political correspondent
This will send shockwaves through the country, not just the political bubble that Alex Salmond has operated in for many decades.
The story broke just after 10 o'clock last night, when Mr Salmond released a statement on his social media sites in response to a story in the Daily Record newspaper.
The headline from the statement is extraordinary enough - he is going to take the Scottish government to court, which given that he used to head that government is a remarkable development.
But it's even more extraordinary when you consider the reasons why. Mr Salmond has decided to challenge the Scottish government's complaints procedure after two people, according to Mr Salmond, lodged complaints against him.
He also says that he intends to give media interviews, perhaps as early as today.
Responding to his statement, a Scottish government spokesman said: "We can confirm that Alex Salmond has initiated legal proceedings against the Scottish government and as a result we are restricted in what we can say.
"However, the Scottish government will defend its position vigorously. As a matter of principle and integrity, it is vital that any allegations of harassment are treated seriously and investigated thoroughly, regardless of the identity of the party involved."
Mr Salmond was elected as the SNP MP for Gordon in 2015 before losing the seat in the snap general election two years later.
He has faced heavy criticism for hosting the Alex Salmond Show on Russian broadcaster RT, which has been described as a propaganda channel for the Kremlin - a claim Mr Salmond has denied.
