NICOLA Sturgeon “misled parliament” over the Alex Salmond affair, MSPs have concluded.
The Holyrood inquiry into the affair found the First Minister gave "an inaccurate account" of her actions and so misled the cross-party investigation.
However, it stopped short of saying she did so "knowingly", the threshold for resignation under the Scottish Ministerial Code.
It is understood the inquiry split down party lines 5-4 on the issue on Thursday, and decided Ms Sturgeon broke the code on the balance of probabilities, with only SNP MSPs clearing their leader.
Why was the committee established?
It was set up after a successful judicial review by former first minister Mr Salmond resulted in the Scottish Government’s investigation of harassment allegations against him being ruled unlawful and “tainted by apparent bias”, with a £512,250 payout being awarded to him for legal fees in 2019.
MSPs have taken evidence from Mr Salmond and Ms Sturgeon, from civil servants, including repeated sessions from Permanent Secretary Leslie Evans, trade unions and from SNP chief executive Peter Murrell – who is current First Minister Ms Sturgeon’s husband.
Why did Mr Salmond take legal action?
The former first minister did not feel his treatment by the Scottish Government was fair.
It was later found that the lead investigator of the complaints had prior contact with some of the female complainers, leading Judge Lord Pentland to say the investigation was “tainted with apparent bias”.
How has the inquiry gone?
The committee has repeatedly voiced frustration about the slow handing over of evidence from a number of parties.
The Scottish Government was accused of obstruction last year, with the committee saying it was “completely frustrated” with the lack of evidence.
Both the committee and the Scottish Government were at loggerheads over legal advice provided as part of the judicial review process. MSPs wanted to know when the Scottish Government was advised it would likely lose the challenge raised by Mr Salmond, but ministers said handing over the advice would breach the ministerial code.
On two occasions, MSPs voted for the evidence to be released, with a deal eventually being struck in December to reveal the advice only to MSPs on the committee.
Following a vote of no confidence threat in the Deputy First Minister, the Scottish Government released “key legal advice”, but the Scottish Tories were not satisfied and continued in their bid to oust John Swinney, which ultimately failed.
Mr Salmond and Ms Sturgeon separately sat for mammoth sessions in front of the committee, taking questions from MSPs over several hours.
Didn’t Mr Salmond face trial on sexual misconduct charges?
Yes. The former first minister was cleared of 13 charges at the High Court in Edinburgh in March last year after being arrested in January 2019.
What were the issues with Mr Salmond’s evidence to the committee?
Mr Salmond and the committee have been caught in repeated legal wrangles over evidence published by the inquiry.
Last month, the former first minister said he would not appear before the committee after it decided not to publish his submission to a separate investigation into whether Ms Sturgeon breached the ministerial code over fears it may identify some of the complainers in Mr Salmond’s criminal trial last year.
However, an alteration made to a court order by Judge Lady Dorrian meant the evidence could potentially be made public.
While the committee voted against publication, the Scottish Parliamentary Corporate Body (SPCB) made the decision to publish anyway.
The evidence was online for less than 24 hours before the Crown Office raised concerns with Holyrood about it, asking for redactions to be made.
In his submission, the former first minister accused some in the Scottish Government and SNP of a “malicious and concerted attempt to damage my reputation and remove me from public life in Scotland”.
But Ms Sturgeon said her predecessor did not have “a shred of evidence” to support his claims.
The submission was later re-released, with a number of paragraphs relating to the set-up of a meeting between Mr Salmond and his successor redacted.
Is the committee inquiry the only investigation into the matter?
No. Ms Sturgeon is currently under investigation by James Hamilton QC to establish if she breached the ministerial code.
Ms Sturgeon referred herself after being accused of misleading Parliament over when she knew of the complaints against Mr Salmond.
She previously said she had been told about the allegations by Mr Salmond himself during a meeting in her home on April 2, 2018.
However, it was later found that Mr Salmond’s former chief of staff Geoff Aberdein had met with the First Minister in her Holyrood office four days prior to that, where she was told of the complaints.
Scotland’s first minister @NicolaSturgeon responds to @SkyNews exclusive the harassment committee has ruled she misled Parliament in her evidence.
— Fraser Knight (@Fraser_Knight) March 18, 2021
“The opposition members of this committee made their minds up about me before I uttered a single word of evidence.” pic.twitter.com/UNe18UJ4s3
What has the committee concluded?
A leak on Thursday evening from inside the committee revealed it has concluded the First Minister misled the inquiry over whether she had offered to intervene in the case – which Ms Sturgeon denies doing.
Two other witnesses, one of whom is Mr Salmond’s lawyer and former SNP MSP Duncan Hamilton and who was at the meeting in question, contradicted the First Minister’s statement.
The conclusion was arrived at following a 5-4 party line vote, with the four SNP members of the committee, including convener Linda Fabiani, supporting the First Minister’s assertion.
What happens next?
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.
Last night, Scottish Conservatives leader Douglas Ross called for her to quit.
He 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.”
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.”
A Scottish Parliament spokesperson said: "Further to media reports on the Committee’s findings, the Committee is still finalising its report. There will be no further comment on the report ahead of its publication.”
It is expected to be published on Tuesday.
What has Nicola Sturgeon said?
Nicola Sturgeon has said a “very partisan leak” from the Alex Salmond inquiry is “not that surprising” as the committee is understood to have deemed she misled parliament.
She told Sky News last night: “I stand by all of the evidence I gave to the committee, all eight hours’ worth of evidence.
“What’s been clear is that opposition members of this committee made their minds up about me before I muttered a single word of evidence, their public comments have made that clear.
“So this leak from the committee – very partisan leak – tonight before they’ve finalised the report is not that surprising.”
She added that she is awaiting the result of the James Hamilton QC investigation into whether she broke the ministerial code.
A spokesman for the First Minister previously added: “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.”
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