New photo Scottish Government acted unlawfully over sexual harassment complaints, court rules

Alex Salmond arriving at the Court of Session in Edinburgh this morning

Scotland's highest court has ruled that the Scottish government acted unlawfully in its handling of sexual harassment complaints made against former First Minister Alex Salmond.

The Court of Session in Edinburgh ruled moments ago.

 Scotland's most senior civil servant, Permanent Secretary Leslie Evans, said afterwards that the lawyers for both sides had 'informed the Court of Session that his action has been settled and the court has approved that settlement'.

And she accepted that the Scottish Government's investigation of two complaints made against the former first minister was 'procedurally flawed'.

Contact between the investigating officer and the two complainers around the time the allegations were made in January 2018 could have created an 'impression of partiality,' Ms Evans conceded.

She stated: 'There is nothing to suggest that the investigating officer did not conduct their duties in an impartial way. Unfortunately, the interactions with the complainants in advance of the complaints being made meant that the process was flawed, however impartially and fairly the investigating officer conducted the investigation.'

Mr Salmond's case focused on the fairness of the government's procedures and will have no bearing on a separate police inquiry into the allegations, which is still ongoing.

Judge Lord Pentland ruled that the government's investigation into the allegations had therefore been unlawful, and struck down its findings.

The Scottish government's admission centred on an official appointed by the Scottish government to investigate the complaints against Mr Salmond.

The government's lawyer, Roddy Dunlop QC, told the court that the investigating officer was a "dedicated HR professional" who acted in good faith, but did have some contact with the complainers before being appointed to the case, the BBC reported.

Mr Dunlop said the investigating officer's prior contact with the complainers had led the government to accept that there had been a "failure" in one aspect of the investigation, which could have given the impression that they were not acting impartially.

But he said the government did not accept a claim by Mr Salmond's legal team that the investigating officer had effectively been "assisting the complainers" and "giving them encouragement".

Mr Dunlop also insisted that the government's procedures were fair and robust, and that the only problem had been with the application of those procedures.

And he said there was "no question of an individual being held up as a sacrifice", and that the government had a "duty to investigate the serious complaints" that had been made.

A four-day hearing on the case had been due to begin at the Court of Session in Edinburgh next week, but that will now not go ahead.

The allegations against Mr Salmond date back to 2013, when he was still first minister. He has described the claims as "patently ridiculous".

At the Court of Session this morning the former First Minister's legal challenge was heard, against the Scottish Government's handling of a complaint of misconduct against him

The former first minister took legal action against the Scottish Government to contest the complaints process activated against him in relation to sexual harassment allegations.

Two allegations, which he strongly denies, were made in January 2018.

Ahead of the hearing, a Scottish Government spokeswoman said: 'The Scottish Government will not comment on ongoing legal proceedings.'

A spokesman for Mr Salmond also declined to comment.

At an earlier procedural hearing in November, Lord Pentland said lawyers for the government would argue those acting for Mr Salmond do not 'have a relevant case as a matter of law' but the latter believe they were not given adequate information about the allegations.

Mr Salmond, who has been both an MP and an MSP, had been a member of the party for 45 years when he resigned, saying he was giving up his membership to avoid any potential divisions within the party.

He was party leader for 20 years over that period, with two decade-long spells in the job. He also became Scotland's longest serving first minister.

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News Pictures Scottish Government acted unlawfully over sexual harassment complaints, court rules 

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