POLICE Scotland’s oversight body acted in a “completely unacceptable” way when it agreed to let the Chief Constable return to work despite an ongoing bullying probe, Michael Matheson has said.
Insisting he did not exceed his powers by over-ruling the Scottish Police Authority (SPA), the Justice Secretary confirmed he had asked its chair to “reconsider” the decision.
However Mr Matheson said it would have been far worse to have washed his hands of the matter, given the “clear deficiencies” in the SPA process.
The Tories said Mr Matheson was responsible for “an almighty mess” of his own making, given the SPA board is appointed by SNP ministers.
Scottish Labour claimed it showed Police Scotland was “in crisis”, while the Scottish Greens strongly backed Mr Matheson’s course of action.
Read more: Analysis - Intervention raises questions about command
Chief Constable Phil Gormley asked to step aside from the country’s top police job in September after being accused by senior staff of bullying.
The Police and Investigations Review Commissioner (Pirc) is currently looking into three claims of gross misconduct against Mr Gormley, which he vigorously denies.
On November 7, the SPA board decided unanimously in private to allow him to return and told him of their decision the following day.
But it was not until November 9 that the then SPA chair, Andrew Flanagan, told Mr Matheson, when Mr Gormley was already en route from his home in Norfolk to Scotland.
Read more: Analysis - Intervention raises questions about command
Mr Gormley was due back at his desk at 8am the following morning.
Mr Matheson, who has been accused of exceeding his powers to overrule the SPA, told MSPs the Pirc had not been told of the decision, that there was no robust plan to protect the staff who had complained about Mr Gormley, and that not even Deputy Chief Constable Iain Livingstone, Mr Gormley’s interim replacement, had been alerted.
Mr Matheson said: “I took the view that these clear deficiencies in the process were completely unacceptable.
“I made clear to the former Chair that I could not have confidence in a decision that had been reached without such significant issues having been properly addressed.
“The former Chair agreed that, before proceeding further, the SPA would carry out more engagement with the relevant persons, which I welcomed.”
Read more: Analysis - Intervention raises questions about command
He said SPA also failed throughout to mention that Mr Gormley had been invited to return.
After his talk with Mr Flanagan, the SPA chair told Mr Gormley to head back home, and the SPA formally reversed its decision on November 10.
Mr Gormley’s lawyer has claimed there was “no lawful basis" for the Justice Secretary to intervene after the SPA had made its decision.
Mr Matheson admitted ministers didn’t “normally” become involved in such decisions but public bodies had to "retain the confidence of ministers".
He told Holyrood: “To have stood by and allowed the SPA to implement that decision without asking them to revisit the decision ... I believe would not have been acceptable. That is why I asked them to reconsider it and they did so."
Read more: Analysis - Intervention raises questions about command
He repeatedly denied it was an "operational matter" for the SPA alone, but an issue of “governance” instead.
He said: “All the Government's actions have been focused upon ensuring due process and fairness to all parties."
Tory MSP Liam Kerr said: “The SNP has presided over a single police force in crisis, and people are quickly losing trust in the police authority and ministers’ ability to oversee it.
“The nationalists can’t look elsewhere for blame.
“They are in sole charge of justice, and it’s up to them to run a police force that is efficient, effective and free from the scandal we’ve seen in recent months.”
Labour’s Daniel Johnson said Mr Matheson had "embroiled himself in the shambles" at the SPA and Police Scotland.
Read more: Analysis - Intervention raises questions about command
He said: "Michael Matheson’s actions have seriously undermined the confidence the Scottish public can have in the independence of the SPA, if a minister can simply overrule them.”
Green MSP John Finnie, a former police officer, said he had "zero confidence" in the SPA decision, but Mr Matheson's actions had been "entirely appropriate”.
LibDem Liam McArthur and the SNP’s Alex Neil said the SPA decision raised serious questions about the quality of its board members.
Mr McArthur said: “This was a collective failure by the SPA board and the Justice Secretary appeared to have no confidence in those who were responsible for it.”
Read more: Analysis - Intervention raises questions about command
Mr Matheson said improvements were being made under new SPA chair Susan Deacon.
Ms Deacon said: "The SPA is taking action to strengthen further its governance, advice and engagement to ensure that SPA decisons meet the high standards that should be expected of us."
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