Alex Salmond wins sexual harassment inquiry case against Scottish government

Alex Salmond wins sexual harassment inquiry case against Scottish government

Alex Salmond outside the Court of Session in Edinburgh after it ruled that the Scottish Government acted unlawfully. Image: Jane Barlow/PA Wire

Tuesday, January 8, 2019

The Scottish government has admitted to acting unlawfully during investigations of sexual harassment claims against Alex Salmond.

Nicola Sturgeon has said the decision to settle the civil case against the Scottish Government regarding how it handled sexual misconduct complaints against Salmond is "deeply regrettable".

In a statement at Holyrood, the First Minister said she had not spoken to her predecessor since July and backed the decision by Scotland's top civil servant, Permanent Secretary Leslie Evans, to settle the case after a failure to properly apply the complaints procedure.

But Salmond - who denies the allegations against him - called for Evans to quit, accusing her of "wasting" hundreds of thousands pounds of public money defending the administration's "unlawful" handling of the complaints.

Sturgeon said: "It remains my view that the government was right to begin an investigation when serious complaints were made and not allow them to be swept under the carpet because of the identity of the person complained about."

But she stated: "It is deeply regrettable, and perhaps that is an understatement, that as a result of a failure in the proper application of one part of the procedure, the Scottish Government has had to settle this matter."

Sturgeon refused to make public the outcome of the investigation or the substance of the complaints, as she apologised to the two women who made them, saying they had "every right to expect the process to be robust and beyond reproach ... and to reach a lasting conclusion".

The SNP leader also said that while she met Salmond three times during the investigation and spoke to him twice on the phone, she did not "seek to intervene in the process".


'Tainted with apparent bias'

The former SNP leader took legal action against the government he once led, to contest the complaints process activated against him.

At the Court of Session in Edinburgh, Judge Lord Pentland ruled the Scottish Government's actions were "unlawful in respect that they were procedurally unfair and that they were tainted with apparent bias".

The court had heard the person who investigated the complaints had involvement with the complainers prior to being appointed investigating officer.

Outside the court, Salmond said: "The government has made an abject surrender in terms of the case."

He claimed Evans was responsible for the "institutional failure" in the handling of the complaints and warned the case could cost the public purse as much as £500,000.

"Because the process has been agreed as unlawful, as unfair and tainted by apparent bias, then the Scottish Government have had to concede on the case and the expenses to the maximum extent," the former first minister said.

"That is going to raise a cost to the public purse of many, many hundreds of thousands of pounds."

He said the result was an "abject humiliation" for the Scottish Government and he hoped the "Permanent Secretary considers her position".