SALMOND PROBE
Watchdog needed for future complaints Tories say ministers ‘sneaked out’ report
THE way harassment complaints are dealt with by the Scottish Government needs a complete overhaul in the wake of the Alex Salmond scandal, according to a damning new report.
The policy, signed off by Nicola Sturgeon, was picked apart by a senior lawyer, who made ten key recommendations for improvement.
Laura Dunlop, QC, said it is ‘essential’ complaints are taken out of the hands of civil servants as dealing with them inhouse was ‘self-evidently problematic’.
She warned it is ‘particularly challenging’ for probes to be seen as neutral if conducted by officials bound by their accountability to government. She said perceived bias was ‘obvious’.
Miss Dunlop was tasked with reviewing the current procedure following the Government’s botched handling of harassment complaints against Mr Salmond.
A court ruled the investigation into the former First Minister was unlawful and tainted by apparent bias.
Scottish Labour deputy leader Jackie Baillie last night said the review confirms the policy is ‘not fit for purpose’.
She added: ‘What is truly astonishing is that the SNP Government did not take this advice when developing the policy, instead of rushing it through. Had they taken professional advice beforehand they might have devised a fairer, more effective policy; they could have avoided an expensive and failed judicial review and – vitally – protected the women involved.
‘It is a damning indictment of the SNP and their failure that let women down who complained about the former First Minister.’
Miss Dunlop has signalled that there should be only one process for complaints, urging ministers to merge the current policy with the Fairness at Work scheme.
She makes recommendations about how complaints against current and former government ministers should be handled, including allowing complainers to refuse police involvement.
She also said that complaints against former government ministers must be investigated by an independent watchdog rather than civil servants.
The report states: ‘The risks of perception of bias, either in favour of or against the person complained about, are obvious.
‘Moreover, there is a specific issue of accountability inherent in any process which involves civil servants in investigating such complaints.’
Miss Dunlop adds: ‘If a civil servant is investigating a complaint against a former minister, they have no duty to the former minister, and the ministers to whom they are accountable will either be of the same political persuasion as the person complained about, or not. This is self-evidently problematic.’
The Government conceded the judicial review brought against it by Mr Salmond in January 2019 after it emerged that Judith Mackinnon, the investigating officer, had previously been in contact with the two complainants.
Miss Dunlop has said anyone investigating a claim must be ‘free of prior involvement with any aspect of the matter’.
The two women who complained about Mr Salmond had not wanted the case passed to police, but the Government decided to do so regardless. Miss Dunlop said complainers should be allowed to avoid police involvement.
Scottish Tory leader Douglas Ross accused the Government of trying to ‘bury’ the review.
He said yesterday: ‘Today they sneaked out a report that lays bare ten glaring flaws in the way the SNP Government handles sexual harassment complaints.
‘Nicola Sturgeon appears to be retaining this “problematic” procedure to save herself the embarrassment and political damage of admitting they got it badly wrong.’
Deputy First Minister John Swinney welcomed the review. He said: ‘We will now work with the Scottish Government Council of Unions, on how these [recommendations] could be implemented.’
‘It is a damning indictment of SNP’