Alex Salmond inquiry ‘rules Nicola Sturgeon misled Holyrood’

  • ITV News Scotland Correspondent Peter Smith speaks about the Alex Salmond inquiry

The Alex Salmond inquiry has concluded that Nicola Sturgeon misled Holyrood, ITV News understands.

MSPs on the Scottish Government Handling of Harassment Complaints Committee voted 5-4 that the First Minister gave an “inaccurate” account of a meeting with her predecessor during the live investigation, according to a source.

This would amount to misleading the Scottish Parliament.

The decision is likely to increase pressure on Ms Sturgeon to stand down before May’s election, although it is unclear whether the act was deemed a resignation-worthy offence.

A Scottish Parliament spokeswoman said the committee is still considering its report. It is expected to be published after 8am on Tuesday, March 23.

The Committee on the Scottish Government Handling of Harassment Complaints was set up after a successful judicial review by Mr Salmond resulted in the Scottish Government’s investigation being ruled unlawful and “tainted by apparent bias”, with a £512,250 payout being awarded to him for legal fees in 2019.

There are discrepancies over when Ms Sturgeon had first known about the allegations against Mr Salmond.

Ms Sturgeon said she had been told about the allegations by Mr Salmond when he met her in her home on April 2, 2018. But in Mr Salmond's criminal trial, it was found that Mr Salmond's former chief of staff Geoff Aberdein had told Ms Sturgeon about the complaints in her office four days before that meeting.

Sturgeon told the inquiry “forgot” about the encounter and the shocking revelations she heard on April 2 may have “obliterated” what happened previously, STV reports.

The suggestion is that the First Minister should have informed civil servants as it was government business, but she did not.

She said she did not record the second meeting straight away due to confidentiality concerns. She said she was not supposed to have even known about the investigation.

Labour leader Sir Keir Starmer said Ms Sturgeon was "doing the very thing he's accusing others of doing" by dismissing the report before its findings have been released.

"The right thing for her to do is to wait for the report and to read the report as we will, but to say now, several days beforehand, what she's said about the outcome, is to do exactly what she's accusing other people of doing," he told ITV News Scotland Correspondent Peter Smith.

"If the report does come to serious findings, they have implications, and they're very serious."

Scottish Labour leader Anas Sarwar said: "Let's respect the committee's work, let's respect the individuals on that committee, and let's respect the findings of this committee when the findings are published next week."

Conservative MP David Davis on Wednesday used parliamentary privilege in the House of Commons to read out messages that he suggested showed a “concerted effort by senior members of the SNP to encourage complaints” against the former first minister.

According to Mr Davis, the messages disclosed by a whistleblower “demands serious investigation”, with one alleging the investigating officer in the case complained of interference by Ms Sturgeon’s chief of staff.

Alex Salmond. Credit: PA

The message is alleged to have been sent by Judith Mackinnon to the government’s communications director on February 6 2018, almost two months before the First Minister claims to have first known about the investigation of her predecessor.

A spokesman for the First Minister said: “The First Minister told the truth to the committee in eight hours of evidence, and stands by that evidence.

“It is clear from past public statements that opposition members of this committee had prejudged the First Minister at the outset of the inquiry and before hearing a word of her evidence, so this partisan and selective briefing – before the committee has actually published its final report – is hardly surprising.

“The question of the First Minister’s adherence to the ministerial code is being considered independently by James Hamilton, and we expect to receive and publish his report soon.”

Scottish Labour leader Anas Sarwar said: “I am not going to prejudge the outcome of the committee report and we await its findings, but if it does conclude that the First Minister has misled Parliament and potentially breached the ministerial code then that is incredibly serious.”

Scottish Conservative leader Douglas Ross said: “The Committee will publish its findings in the coming days and we will wait for that report.

“But we have already detailed that Nicola Sturgeon lied to the Scottish Parliament and for that, she must resign. All we’re waiting for is confirmation.”

What has happened previously?

In January 2018, two female staff members made formal complaints to the Scottish government alleging that the former first minister Alex Salmond had sexually harassed them in December 2013.

Mr Salmond refuted the claims and the Scottish government began an internal inquiry.

On August 22, 2018, Mr Salmond is told the inquiry is complete and the two women's complaints would be passed on to the Crown Office.

The government had intended to make a public statement, but details of the investigation were leaked to the Daily Record, who broke the story a day later.

Mr Salmond then announced he would launch a judicial review into the way the investigation was handled.

On January 8, 2019, the Scottish government lost the judicial review and Scotland's highest civil court said the government's handling of Mr Salmond's inquiry was unlawful and "tainted with apparent bias".

Days later on January 13, Ms Sturgeon refers herself to independent advisors to rule on whether she breached the ministerial code after being accused of misleading Parliament, over when she found out about the complaints against Mr Salmond.

The inquiry, which is ongoing, is being led by James Hamilton QC.

On January 15, 2019, MSPs agreed to hold a Holyrood inquiry into the government's handling of the Salmond case.

In March 2020, Mr Salmond is acquitted of 13 charges at the High Court in Edinburgh.

The Holyrood inquiry has concluded and a report is expected in the next few days.

A report for the QC-led inquiry is also expected in the coming days.