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Alex Salmond gives evidence at hearing into botched inquiry against him – live updates Alex Salmond gives evidence at hearing into botched inquiry against him – live updates
(30 minutes later)
Scotland’s former first minister appears before MSPs investigating inquiry by Nicola Sturgeon’s government into complaints made against himScotland’s former first minister appears before MSPs investigating inquiry by Nicola Sturgeon’s government into complaints made against him
Mitchell asks about the informal resolution procedure for complaints? Was mediation used?
Informal resolution and mediation are not the same thing, Salmond says. It is important that first minister does not get involved in mediation. It should be dealt with by the deputy first minister, and then a panel of three, and then final adjudication by the first minister.
Salmond was advised that if two ministers were involved in mediation it could deemed unlawful.
Mitchell: Was there a high bar for formal complaints to be investigated? Did the procedure work well?
Before FAW there was no process to hold ministers to account. It was difficult to subject ministers to the same complaints policy as civil servants because of the ministerial code, Salmond said.
The FAW has not been improved it has just been ignored, Salmond says. It is in limbo after the judicial review found in Salmond’s favour.
FAW does cover bullying and harassment, but not to ministers. This problem should have been sorted out, rather than casting it aside.
Conservative MSP Margaret Mitchell asks how can the current government be held to account while it refused to release legal advice to the committee?
Salmond says parliament has the ability to assert itself. Censure motions are available. There is understandable reluctance to release legal advice to governments, but exceptions can be made, Salmond says.
Mitchell asks if parliament’s powers are robust enough to hold the government to account. Should there be a separate director prosecutions as in England?
Any institution needs to learn lessons, Salmond says. He could not conceive a government ignoring two parliamentary votes on publishing the legal advice.
The Lord Advocate, the chief prosecutor, should not attend cabinet. I don’t know if that has been followed, Salmond says. Consequences should follow from unlawful conduct, he says.
Fabiani asks: Talk us through how the Fairness at Work (FAW) was developed and implemented.
Salmond says he is hampered in giving evidence by section 11 an order to prevent complainants being identified.
He complains that the Crown Office has prevented his evidence being published. The threat of prosecution against me is extraordinary and unwarranted.
Salmond says unions wanted ministers to be added to be subjected to FAW as well as civil servants.
For two years and six months, this has been a nightmare, Salmond says.
The failures of leadership are many and obvious but there have been no resignations, he says.
Scotland hasn’t failed, its leadership has failed, Salmond says.
This committee has been blocked and tackled at every turn, he adds. My evidence has been published and then censured, he says. He says he is appearing before the committee at the risk of prosecution.
Salmond begins his opening statement.Salmond begins his opening statement.
This inquiry is not about me, he says, it’s about the government’s conduct.This inquiry is not about me, he says, it’s about the government’s conduct.
He says the committee has been deprived of evidence by the Crown Office, which should not be opposing the will of Parliament. He says the committee has been deprived of evidence by the Crown Office, which should not be opposing the will of parliament.
I’ve said nothing to date, but today that changes, Salmond warned. I’ve said nothing to date, but today that changes, Salmond warns.
The committee’s convener Linda Fabiani begins the hearing with a reminder to avoid identifying those who complained against Salmond.The committee’s convener Linda Fabiani begins the hearing with a reminder to avoid identifying those who complained against Salmond.
Salmond is invited to take the oath. He does so.Salmond is invited to take the oath. He does so.
Salmond has arrived for the hearing.Salmond has arrived for the hearing.
The hearing is likely to last for a daunting four hours. And it could be longer. We have been promised one break midway through.The hearing is likely to last for a daunting four hours. And it could be longer. We have been promised one break midway through.
You’ll be able to watch it on the Scottish parliament channel, but we’ll have a feed at the top of this blog.You’ll be able to watch it on the Scottish parliament channel, but we’ll have a feed at the top of this blog.
Labour MSP Jackie Baillie, who is a member of the committee, has this:Labour MSP Jackie Baillie, who is a member of the committee, has this:
Welcome to live coverage of Alex Salmond’s eagerly awaited appearance before a committee of MSPs investigating the Scottish government’s botched inquiry into complaints against him.Welcome to live coverage of Alex Salmond’s eagerly awaited appearance before a committee of MSPs investigating the Scottish government’s botched inquiry into complaints against him.
The hearing is due to start at 12.30pm.The hearing is due to start at 12.30pm.
Our Scotland editor, Severin Carrell, has a useful guide to the key questions Salmond is likely to be asked.Our Scotland editor, Severin Carrell, has a useful guide to the key questions Salmond is likely to be asked.
There is also an invaluable explainer to the controversy here.There is also an invaluable explainer to the controversy here.
Salmond’s final submission to the committee, in which he makes a series of explosive allegations against the Scottish government, is available here.Salmond’s final submission to the committee, in which he makes a series of explosive allegations against the Scottish government, is available here.
There is a long cast list of characters that are likely to come up in the committee hearing. These are some of the key names:There is a long cast list of characters that are likely to come up in the committee hearing. These are some of the key names:
Peter Murrell, Sturgeon’s husband and chief executive of the SNP.Peter Murrell, Sturgeon’s husband and chief executive of the SNP.
Leslie Evans, permanent secretary to the Scottish government.Leslie Evans, permanent secretary to the Scottish government.
Geoff Aberdein, former chief of staff to Salmond.Geoff Aberdein, former chief of staff to Salmond.
Liz Lloyd, chief of staff to Sturgeon.Liz Lloyd, chief of staff to Sturgeon.
James Wolffe, QC, lord advocate.James Wolffe, QC, lord advocate.
Judith MacKinnon, HR specialist and investigating officer.Judith MacKinnon, HR specialist and investigating officer.
Barbara Allison, former director of people for the Scottish government.Barbara Allison, former director of people for the Scottish government.
The committee, which is convened by the SNP’s Linda Fabiani, has set out the agenda for Friday’s meeting here.The committee, which is convened by the SNP’s Linda Fabiani, has set out the agenda for Friday’s meeting here.
It will divided into four phases:It will divided into four phases:
Phase 1 - Development of the policyPhase 1 - Development of the policy
This will explore Salmond’s complaint that the government’s rulebook on handling complaints changed in 2017 to include former ministers. He claims this was done deliberately to allow complaints against him to be prosecutedThis will explore Salmond’s complaint that the government’s rulebook on handling complaints changed in 2017 to include former ministers. He claims this was done deliberately to allow complaints against him to be prosecuted
Phase 2 - Complaints handlingPhase 2 - Complaints handling
Salmond alleges that the investigation officer, Judith MacKinnon, had regular contacts with the women making complaints of sexual harassment against Salmond prior to an internal investigation. He also claims that the permanent secretary to the Scottish government, Leslie Evans, who established how the complaints should be handled also had regular undisclosed contact with the complainants. He says this breaches natural justice.Salmond alleges that the investigation officer, Judith MacKinnon, had regular contacts with the women making complaints of sexual harassment against Salmond prior to an internal investigation. He also claims that the permanent secretary to the Scottish government, Leslie Evans, who established how the complaints should be handled also had regular undisclosed contact with the complainants. He says this breaches natural justice.
Phase 3 - Judicial reviewPhase 3 - Judicial review
Salmond denied the allegations and successfully took the Scottish government to court over its handling of the complaints, winning a judicial review. The government admitted in court that its handling of the complaints had been “tainted by apparent bias”. Salmond was also cleared of 13 charges of sexual assault against nine women in a trial last March.Salmond denied the allegations and successfully took the Scottish government to court over its handling of the complaints, winning a judicial review. The government admitted in court that its handling of the complaints had been “tainted by apparent bias”. Salmond was also cleared of 13 charges of sexual assault against nine women in a trial last March.
Phase 4 - Scottish ministerial codePhase 4 - Scottish ministerial code
A separate inquiry led by QC James Hamilton is looking at whether Sturgeon broke the ministerial code. But the MSPs will also examine whether Sturgeon misled the Scottish parliament on when she knew of allegations against Salmond.A separate inquiry led by QC James Hamilton is looking at whether Sturgeon broke the ministerial code. But the MSPs will also examine whether Sturgeon misled the Scottish parliament on when she knew of allegations against Salmond.