Salmond affair: Government confirms Sturgeon had previously undisclosed meeting

The adviser, James Hamilton, has been asked to investigate whether Ms Sturgeon broke the code by failing to declare relevant information to her officials or abused her power.

Mr Salmond could be interviewed as part of the process, it emerged today.

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The former First Minister and his successor are due to give evidence under oath to a Holyrood inquiry into the Salmond affair in the coming weeks.

The cross-party committee is looking at how the Scottish Government’s botched an in-house probe into sexual misconduct claims made against Mr Salmond in 2018. 

Mr Salmond had the exercise set aside in a judicial review at the Court of Session, forcing ministers to admit it had been unfair, unlawful and “tainted by apparent bias”.

The collapse of the Government’s case left taxpayers with a £500,000 legal bill for Mr Salmond’s costs, and the Holyrood inquiry is now investigating what happened. 

After the Government’s retreat in January 2019, the First Minister told MSPs she had five contacts with Mr Salmond in 2018 while he was being investigated by officials.

Under the Government's own procedure, she was not supposed to be aware of it.

She said he had told her himself about the Scottish Government’s probe on 2 April at her Glasgow home, and that she had met him again on 7 June at the SNP conference in Aberdeen, and for a second time at her home on 14 July.

She said she had also talked to him by phone on 23 April and 18 July 2018.

She told Holyrood: “On 2 April, he informed me about the complaints against him, which - of course - in line with the procedure, the permanent secretary [Leslie Evans] had not done.”

Two days later, facing questions from the media, she also said she didn’t know what Mr Salmond wanted to talk her about when he visited her on 2 April. 

She said: “From memory, he wanted to come and tell me something I needed to know in my role as party leader. But at that point at which he came to see me I didn't know what the subject of it was.”

However it emerged at Mr Salmond’s separate criminal trial - at which he was acquitted of 13 counts of sexual assault in March - that there had been another relevant meeting.

Geoff Aberdein, Mr Salmond’s former chief of staff, told the court he met Ms Sturgeon at her Holyrood office on 29 March 2018, four days before she met Mr Salmond at her home.

This meeting was never mentioned by Ms Sturgeon, and until now has not been formally confirmed by the Scottish Government.

However Sky News last month reported it had seen an account of the meeting which said the existence of complaints against Mr Salmond had been discussed.

“There was discussion about the investigation, the process of it, the fact it was a civil service investigation being conducted by civil servants," the account said.

This would contradict the suggestion Mr Salmond first informed Ms Sturgeon about it.

After the Sky News report, the Government said: “First Minister has made clear she stands by what she said in Parliament.”

However the Government has now added this previously undeclared meeting to Mr Hamilton’s remit.

In a Government initiated parliamentary answer, Deputy FM John Swinney said Mr Hamilton's ministerial code investigation was now being revived after being paused because of Mr Salmond’s trial and the coronavirus crisis.

He said Mr Hamilton has been asked to proceed and report his findings “as soon as possible”.

In the background to the answer, the Government said: “It has been alleged that the First Minister breached the Scottish Ministerial Code in that she failed to feed back the basic facts of meetings and discussions held with Alex Salmond to her private office as required by sections 4.22 and 4.23 of the Code. 

“The meetings and discussions in question took place on: 

29 March 2018 – Meeting between Ms Sturgeon and Geoff Aberdein, former Chief of Staff to Mr Salmond, Scottish Parliament

2 April 2018 - Meeting between Ms Sturgeon and Mr Salmond at Ms Sturgeon’s home.

23 April 2018 - Telephone conversation between Ms Sturgeon and Mr Salmond.

7 June 2018 - Meeting between Ms Sturgeon and Mr Salmond at SNP Conference, Aberdeen.

14 July 2018 - Meeting between Ms Sturgeon and Mr Salmond at Ms Sturgeon’s home.

18 July 2018 - Telephone conversation between Ms Sturgeon and Mr Salmond.

“It is has been further suggested that, in light of those meetings, the First Minister may have attempted to influence the conduct of the investigation then being undertaken by the Permanent Secretary into allegations made against Mr Salmond under the Procedure for Handling of Harassment Complaints involving Current or Former Ministers.”

Mr Hamilton’s remit includes the ability to “review any relevant documentation relating to the meetings and discussions listed above”.

He can also “interview any minister of official of the Scottish Government, including Special Advisers, who may have any knowledge of the facts and content of the meetings and discussions, to assess whether the Ministerial Code is engaged and, if so, whether the terms of the Code have been complied with.”

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Mr Hamilton may also “interview any relevant person outwith the Scottish Government, including the former First Minister, Alex Salmond, who may have information relating to the facts and content of the meetings and discussions.”

The former head of public prosecutions in Ireland, Mr Hamilton will “determine if there is any evidence that the First Minister attempted to use information discussed during those meetings and discussions to influence the conduct of the investigation being undertaken by the Permanent Secretary into allegations made against Mr Salmond under the Procedure.

“Provide the Deputy First Minister with a report setting out the findings and conclusions with regard to: whether the Ministerial Code is engaged regarding the meetings and discussions; whether there has been any breach of the Code and the nature of any such breach; and if a breach has occurred, advice on the appropriate remedy or sanction.”

A Scottish Tory spokesperson said: "Publication of the inquiry remit is a positive step.

"The Scottish public want a full and transparent account to be given of any meetings.

"An independent adviser should be given full leeway to learn who knew what, and when."

The Scottish Government has been asked for comment.

In a separate Holyrood written answer, the Government said a review of its complaints process for ministers and former ministers which had also been stalled would restart as well.

It will be led by Laura Dunlop QC, president of the Mental Health Tribunal for Scotland.

The review, which will start later this month, will “draw lessons” from the way the process was used against Mr Salmond and how it can be improved.

Both the ministerial code referral and in-house review of the process were first announced 18 months ago, in January 2019.

Their restart now will be seen as the Government trying to show it is taking action ahead of the Holyrood inquiry starting its evidence sessions on August 18.