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| Salmond accuses Sturgeon of using Covid briefing to 'effectively question jury result' – live updates | Salmond accuses Sturgeon of using Covid briefing to 'effectively question jury result' – live updates |
| (32 minutes later) | |
| Scotland’s former first minister appears before MSPs investigating inquiry by Nicola Sturgeon’s government into complaints made against him | Scotland’s former first minister appears before MSPs investigating inquiry by Nicola Sturgeon’s government into complaints made against him |
| The session is resuming. Salmond was asked about Peter Murrell’s texts (see earlier). | |
| Salmond said those texts showed there was an effort to pressurise the police. | |
| “What they speak to is behaviour, which I would never have never have countenance with people I’ve known in some cases for 30 years,” Salmond said. | |
| Salmond pointed out that the government had previously denied there was any evidence that Murrell had tried to apply pressure on the police. | |
| He compared it to another message in which the the permanent secretary said “we’ve lost the battle but not the war” after the government lost the judicial review. | |
| PA also has a fuller version of Salmond answer to Wightman’s questions about the grounds for judicial review he was advised would have the highest chance of success. | |
| Salmond said “procedural unfairness” was among them, adding: | |
| While we wait for Salmond to clear his throat, PA has this update: | |
| Salmond was invited to give more details on his claim that a witness was allegedly told by a special adviser that they would “get him” in a criminal case. | |
| He said: | |
| Mitchell asks Salmond about a text by Peter Murrell, Sturgeon’s husband and chief executive of the SNP in which he talks about it being “good time” to pressure the Metropolitan police to investigate Salmond. In another text, Murrell said: “The more fronts he is having to firefight the better for the complainers.” Murrell later said the message was out of character and reflected the stress he was under. Would that be your reading? | |
| Salmond is allowed a break to clear his throat from a cough, before answering. | |
| Watt asks more about the timing of the government’s decision to concede the judicial review. Wasn’t it right for the government to take its time to concede? | |
| Salmond says the government should allow parliament to see the external legal advice on the judicial review. | |
| Salmond points out that investigator Judith MacKinnon had been open about having prior contact with the complainants. So why is this only coming out now, he asks. | |
| The only reason I was looking to go to arbitration was to avoid a “cataclysmic” outcome for the government, he says. | |
| Salmond says there was widespread knowledge in the government by November 2018 that the judicial review was going to go against the government. | Salmond says there was widespread knowledge in the government by November 2018 that the judicial review was going to go against the government. |
| Pausing the judicial review at that stage would have been embarrassing for the government but it would have allowed it to avoid huge costs, he says. | |
| Baillie asks whether Sturgeon breached the ministerial code by pursuing the judicial review, despite knowing that the permanent secretary had prior contacts with the complainants. | |
| Yes, says Salmond. | Yes, says Salmond. |
| Baillie asks whether documents disclosed to the committee had not been disclosed to Salmond before. | Baillie asks whether documents disclosed to the committee had not been disclosed to Salmond before. |
| Salmond says there were about 40 documents he had not seen, which is a “spectacular” failure to comply with the government’s duty of candour. | Salmond says there were about 40 documents he had not seen, which is a “spectacular” failure to comply with the government’s duty of candour. |
| He mentions specific meetings between the permanent secretary and the complainants. | He mentions specific meetings between the permanent secretary and the complainants. |
| Baillie: did the permanent secretary comply with the civil service code? | Baillie: did the permanent secretary comply with the civil service code? |
| No, says Salmond. | No, says Salmond. |
| McMillan: do you agree that the government only conceded the judicial review on one ground? | McMillan: do you agree that the government only conceded the judicial review on one ground? |
| Salmond points out that the government collapsed the case. “The victory was as comprehensive as you can get in legal terms. The permanent secretary’s portrayal of it was at variance with reality,” Salmond says. | Salmond points out that the government collapsed the case. “The victory was as comprehensive as you can get in legal terms. The permanent secretary’s portrayal of it was at variance with reality,” Salmond says. |
| Wightman invites Salmond to say more about his claim that someone in the government wanted to ‘get him’ in the criminal case. | Wightman invites Salmond to say more about his claim that someone in the government wanted to ‘get him’ in the criminal case. |
| Salmond points out that he is prevented from disclosing government documents about ‘sisting’ or pausing the judicial review. He says the committee has only been allowed to see one document on this, despite multiple government meetings about it. | Salmond points out that he is prevented from disclosing government documents about ‘sisting’ or pausing the judicial review. He says the committee has only been allowed to see one document on this, despite multiple government meetings about it. |
| Wightman what grounds for judicial review were you advised had the most chance of success? | Wightman what grounds for judicial review were you advised had the most chance of success? |
| Procedural unfairness was one of the strongest arguments. How the investigating officer presented the complaint before approaching him, was not something the courts would take kindly to, Salmond says he was told. | Procedural unfairness was one of the strongest arguments. How the investigating officer presented the complaint before approaching him, was not something the courts would take kindly to, Salmond says he was told. |
| He also mentions access to witness statements. | He also mentions access to witness statements. |
| This procedure would have fallen on innumerable grounds, Salmond says. | This procedure would have fallen on innumerable grounds, Salmond says. |
| But despite defeat in judicial review in January 2018, the permanent secretary put out a press release saying the other grounds were not tested. | But despite defeat in judicial review in January 2018, the permanent secretary put out a press release saying the other grounds were not tested. |
| Allan cites a former government legal adviser who said arbitration would not have been appropriate in this case. | Allan cites a former government legal adviser who said arbitration would not have been appropriate in this case. |
| Salmond suggests the government could have avoided paying out £630,000 if it taken his offer of going to arbitration. | Salmond suggests the government could have avoided paying out £630,000 if it taken his offer of going to arbitration. |
| Salmond said the record of this case showed the government got better legal advice from external lawyers than its own lawyers. | Salmond said the record of this case showed the government got better legal advice from external lawyers than its own lawyers. |
| Allan asks: what solutions should there be to dispute resolution? | Allan asks: what solutions should there be to dispute resolution? |
| Salmond says mediation should have been available in the complaints procedures. The fact that it is available to current ministers but not former is unjustified, he says. | Salmond says mediation should have been available in the complaints procedures. The fact that it is available to current ministers but not former is unjustified, he says. |
| Mediation is not sweeping the matter under the carpet, he adds. | Mediation is not sweeping the matter under the carpet, he adds. |
| Allan: What’s the difference been legal privilege in Westminster and Holyrood? | Allan: What’s the difference been legal privilege in Westminster and Holyrood? |
| Legal privilege should be applied to the Scottish parliament, Salmond says. Parliament representing the people is the ultimate authority, he says. | Legal privilege should be applied to the Scottish parliament, Salmond says. Parliament representing the people is the ultimate authority, he says. |
| It is a surprise that the Crown Office adopted a different stance on the evidence to this committee from the stance on publication of evidence published in the Spectator, Salmond adds. | It is a surprise that the Crown Office adopted a different stance on the evidence to this committee from the stance on publication of evidence published in the Spectator, Salmond adds. |
| Salmond points out that that his legal team moved to protect the anonymity of complainants in October 2018. The government didn’t turn up to that hearing. | Salmond points out that that his legal team moved to protect the anonymity of complainants in October 2018. The government didn’t turn up to that hearing. |
| It is “passing strange” that the Crown Office has adopted the attitude it has, Salmond says. | It is “passing strange” that the Crown Office has adopted the attitude it has, Salmond says. |
| Mitchell: has there been any sanction against the government’s decision to carry on with the judicial review? | Mitchell: has there been any sanction against the government’s decision to carry on with the judicial review? |
| People make mistakes, Salmond says, but in terms of the Richter scale of mistakes this is a very big one. | People make mistakes, Salmond says, but in terms of the Richter scale of mistakes this is a very big one. |
| Leslie Evans, the permanent secretary, claimed ownership of the policy, Salmond says. It was unlawful policy and tainted by bias, Salmond says, citing the judicial review. | Leslie Evans, the permanent secretary, claimed ownership of the policy, Salmond says. It was unlawful policy and tainted by bias, Salmond says, citing the judicial review. |
| Fraser: if this had happened under your watch who would you hold responsible? | Fraser: if this had happened under your watch who would you hold responsible? |
| The decision not to accept arbitration when they knew how weak the case was, and the decision to carry on clocked up a huge bill. | The decision not to accept arbitration when they knew how weak the case was, and the decision to carry on clocked up a huge bill. |
| That can’t just be the lord advocate but also the permanent secretary and the first minister. | That can’t just be the lord advocate but also the permanent secretary and the first minister. |
| Fraser: was the government assisting your legal team in October 2017? | Fraser: was the government assisting your legal team in October 2017? |
| It was clear to everyone that there were missing documents, Salmond says. The government’s pleadings to the court were misleading. | It was clear to everyone that there were missing documents, Salmond says. The government’s pleadings to the court were misleading. |
| It must be unprecedented for the counsel to the government to threaten to resign over a legal case. | It must be unprecedented for the counsel to the government to threaten to resign over a legal case. |
| Fraser asked when did you first become aware there had been prior contact between the investigators and complainants? | Fraser asked when did you first become aware there had been prior contact between the investigators and complainants? |
| Salmond suggested it was early 2018. How could complaints come in under a policy before it was introduced, he asks. It was just before Christmas 2018 that Salmond learned of prior involvement of the permanent secretary to the Scottish government, Leslie Evans. | Salmond suggested it was early 2018. How could complaints come in under a policy before it was introduced, he asks. It was just before Christmas 2018 that Salmond learned of prior involvement of the permanent secretary to the Scottish government, Leslie Evans. |