DOCSLIB.ORG

Report of the Committee on the Scottish Government Handling of Harassment Complaints

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Report of the Committee on the Scottish Government Handling of Harassment Complaints Published 23 March 2021 SP Paper 997 1st Report 2021 (Session 5) Committee on the Scottish Government Handling of Harassment Complaints Report of the Committee on the Scottish Government Handling of Harassment Complaints Published in Scotland by the Scottish Parliamentary Corporate Body. All documents are available on the Scottish For information on the Scottish Parliament contact Parliament website at: Public Information on: http://www.parliament.scot/abouttheparliament/ Telephone: 0131 348 5000 91279.aspx Textphone: 0800 092 7100 Email: [email protected] © Parliamentary copyright. Scottish Parliament Corporate Body The Scottish Parliament's copyright policy can be found on the website — www.parliament.scot Committee on the Scottish Government Handling of Harassment Complaints Report of the Committee on the Scottish Government Handling of Harassment Complaints, 1st Report 2021 (Session 5) Committee on the Scottish Government Handling of Harassment Complaints To consider and report on the actions of the First Minister, Scottish Government officials and special advisers in dealing with complaints about Alex Salmond, former First Minister, considered under the Scottish Government’s “Handling of harassment complaints involving current or former ministers” procedure and actions in relation to the Scottish Ministerial Code. [email protected] Committee on the Scottish Government Handling of Harassment Complaints Report of the Committee on the Scottish Government Handling of Harassment Complaints, 1st Report 2021 (Session 5) Committee Membership Convener Deputy Convener Linda Fabiani Margaret Mitchell Scottish National Party Scottish Conservative and Unionist Party Alasdair Allan Jackie Baillie Scottish National Party Scottish Labour Alex Cole-Hamilton Murdo Fraser Scottish Liberal Scottish Conservative Democrats and Unionist Party Alison Johnstone Stuart McMillan Scottish Green Party Scottish National Party Maureen Watt Scottish National Party Committee substitutes Tom Arthur participated as a committee substitute at meetings on 27 October 2020 and 9 February 2021. Donald Cameron participated as a committee substitute at a meeting on 24 February 2021. Andy Wightman participated as a committee substitute at every committee meeting from 1 December 2020 to 18 March 2021. Previous committee members Donald Cameron was a committee member until 13 August 2020. Angela Constance was a committee member until 22 December 2020. Report of the Committee on the Scottish Government Handling of Harassment Complaints Contents Report of the Committee on the Scottish Government Handling of Harassment Complaints ................................................................................................................. 1 Introduction ............................................................................................................. 4 The Committee and its remit ............................................................................... 5 The purpose of our inquiry .................................................................................. 6 Background information ...................................................................................... 6 Challenges faced by the Committee ....................................................................... 7 Introduction ......................................................................................................... 7 Our legal obligations ........................................................................................... 7 Challenges obtaining information from the Scottish Government ....................... 9 Our expectations ................................................................................................. 9 Delays in the provision of documents ................................................................ 10 Redactions ........................................................................................................ 11 Gaps in evidence .............................................................................................. 12 Challenges associated with taking evidence from civil servants ....................... 13 Recollection of events ....................................................................................... 15 Access to judicial review court documents ........................................................ 15 Access to legal advice ....................................................................................... 16 Overall conclusion on information provided by the Scottish Government ......... 20 Former First Minister ......................................................................................... 20 Other challenges ............................................................................................... 22 Clarification of evidence .................................................................................... 22 Overcoming challenges ..................................................................................... 23 Development of the Scottish Government Procedure ........................................... 24 Introduction ....................................................................................................... 24 Culture .............................................................................................................. 24 The Fairness at Work policy .............................................................................. 28 The identification of a gap in policies around former Ministers .......................... 30 Development of new procedure to deal with harassment complaints against current and former Ministers ............................................................................. 31 1 Interaction between Fairness at Work policy and the procedure ....................... 37 Consultation and engagement and speed of drafting process .......................... 37 Involvement of individuals who raised concerns ............................................... 40 Independence of process .................................................................................. 42 The Handling of the Complaints ........................................................................... 47 Introduction ....................................................................................................... 47 Overlap of development of procedure and raising of concerns ......................... 47 Formal complaints: roles and responsibilities .................................................... 52 The role of the Permanent Secretary ................................................................ 55 Referral of matters investigated under the procedure to the Crown Agent and Police Scotland ................................................................................................. 59 Transparency and access to information .......................................................... 64 The conclusion of the procedure and issues of confidentiality .......................... 66 Alternative Dispute Resolution .......................................................................... 72 The Judicial Review .............................................................................................. 78 Terminology ...................................................................................................... 78 Introduction ....................................................................................................... 79 Judicial review: key dates ................................................................................. 80 Key stages in the judicial review ....................................................................... 82 Analysis ........................................................................................................... 101 Concession of judicial review .......................................................................... 105 Awarding of full costs to the former First Minister............................................ 108 Governance arrangements ............................................................................. 110 The status of the procedure ............................................................................ 112 Scottish Ministerial Code .................................................................................... 114 Introduction ..................................................................................................... 114 The Scottish Ministerial Code ......................................................................... 114 Referral by the First Minister to the independent advisers .............................. 115 Remit of the referral to James Hamilton .......................................................... 115 Report of the independent adviser .................................................................. 118 Our role ........................................................................................................... 118 Accurate and truthful information to the Parliament ........................................ 119 Recording of meetings .................................................................................... 124 Legal advice .................................................................................................... 127 The views of this Committee ........................................................................... 128 Overall Conclusions ...........................................................................................
Load more

Recommended publications
  • Morag Redford University of the Highlands and Islands
    Redford, Morag (2018) Education in the Scottish Parliament. Scottish Educational Review, 50(1), 108-122 EDUCATION IN THE SCOTTISH PARLIAMENT Morag Redford University of the Highlands and Islands PREAMBLE This paper follows on from the previous bulletin (Redford 2017), which covered the education remit of the Parliament’s Education and Skills Committee between February 2017 and June 2017. The following bulletin covers the Education remit of the Education and Skills Committee from August 2017 to January 2018. AUGUST 2017 TO JANUARY 2018 The Education and Skills Committee had the following members during this period: James Dornan (Convener), Johann Lamont (Deputy Convener), George Adam (from 22.11.17), Colin Beattie to 08.11.17), Mary Fee (from 10.01.18), Ross Greer, Claire Haughey (to 08.11.17), Daniel Johnson (to 20.12.17), Richard Lochhead (from 22.11.17), Ruth Maguire, Gillian Martin, Oliver Mundell (from 06.09.17) and Liz Smith. Full records of the Committee meetings, including minutes, official papers and transcripts of proceedings can be found on the Scottish Parliament website at: http://www.parliament.scot/parliamentarybusiness/CurrentCommittees/99746.aspx [accessed 27.10.17] The committee began this period of work with the Children and Young People (Information Sharing) (Scotland) Bill and heard evidence from 12 panels of witnesses. They met with officials from the Scottish Qualifications Authority (SQA) and heard evidence from the Scottish Government on teacher workforce planning and the draft budget for 2018 – 19. In December 2018 they began early scrutiny of the proposed education reforms and heard evidence from three panels of witnesses.
    [Show full text]
  • Scottish Parliament Annual Report 2012–13 Contents
    Scottish Parliament Annual Report 2012–13 Contents Foreword from the Presiding Officer 3 Parliamentary business 5 Committees 11 International engagement 18 Engagement with the public 20 Click on the links in the page headers to access more information about the areas covered in this report. Cover photographs - clockwise from top left: Lewis Macdonald MSP and Richard Baker MSP in the Chamber Local Government and Regeneration Committee Education visit to the Parliament Special Delivery: The Letters of William Wallace exhibition Rural Affairs, Climate Change and Environment Committee Festival of Politics event Welfare Reform Committee witnesses Inside cover photographs - clockwise from top left: Health and Sport Committee witnesses Carers Parliament event The Deputy First Minister and First Minister The Presiding Officer at ArtBeat studios during Parliament Day Hawick Large Hadron Collider Roadshow Published in Edinburgh by APS Group Scotland © Parliamentary copyright. Scottish Parliamentary Corporate Body 2013 Information on the Scottish Parliament’s copyright policy can be found on the website - www.scottish.parliament.uk/copyright or by contacting public information on 0131 348 5000. ISBN 978-1-78351-356-7 SP Paper Number 350 Web Only Session 4 (2013) www.scottish.parliament.uk/PresidingOfficer Foreword from the Presiding Officer This annual report provides information on how the Scottish Parliament has fulfilled its role during the parliamentary year 11 May 2012 to 10 May 2013. This last year saw the introduction of reforms designed to make Parliament more agile and responsive through the most radical changes to our processes since the Parliament’s establishment in 1999. A new parliamentary sitting pattern was adopted, with the full Parliament now meeting on three days per week.
    [Show full text]
  • Public Administration and Constitutional Affairs Committee Oral Evidence: the Work of the Cabinet Office, HC 118
    Public Administration and Constitutional Affairs Committee Oral evidence: The work of the Cabinet Office, HC 118 Thursday 22 October 2020 Ordered by the House of Commons to be published on 22 October 2020. Watch the meeting Members present: Mr William Wragg (Chair); Rachel Hopkins; Mr David Jones; David Mundell; Tom Randall; Lloyd Russell-Moyle; John Stevenson. Questions 380 - 458 Witnesses I: Simon Case, Cabinet Secretary and Head of the Civil Service; and Alex Chisholm, Chief Operating Officer for the Civil Service and Permanent Secretary for the Cabinet Office. Examination of witnesses Witnesses: Simon Case and Alex Chisholm. Q380 Chair: Good afternoon and welcome to another hybrid session of the Public Administration and Constitutional Affairs Committee. I am in a Committee Room in Portcullis House with the small number of staff required to facilitate this meeting, suitably socially distanced from one another of course. Our witnesses with me here are Mr Simon Case, the new Cabinet Secretary. He is accompanied by Mr Alex Chisholm, who appeared before the Committee three weeks ago. Mr Case, we are very grateful to have you with us today. We fully understand the reasons for the postponement of the meeting last week. We are grateful to you for giving us notice of that. Would you introduce yourselves for the record? Simon Case: I am Simon Case, Cabinet Secretary and head of the civil service. I apologise for having to delay the appearance by a week. I thank the Committee for its understanding. Alex Chisholm: I am Alex Chisholm, permanent secretary at the Cabinet Office and COO of the civil service.
    [Show full text]
  • Social Security Committee
    Social Security Committee Thursday 24 May 2018 Session 5 © Parliamentary copyright. Scottish Parliamentary Corporate Body Information on the Scottish Parliament’s copyright policy can be found on the website - www.parliament.scot or by contacting Public Information on 0131 348 5000 Thursday 24 May 2018 CONTENTS Col. INTERESTS......................................................................................................................................................... 1 DECISIONS ON TAKING BUSINESS IN PRIVATE ..................................................................................................... 2 SCOTTISH WELFARE FUND ................................................................................................................................. 3 PETITION ......................................................................................................................................................... 18 Welfare Cuts (Mitigation) (PE1677) ............................................................................................................ 18 SOCIAL SECURITY COMMITTEE 13th Meeting 2018, Session 5 CONVENER *Clare Adamson (Motherwell and Wishaw) (SNP) DEPUTY CONVENER *Pauline McNeill (Glasgow) (Lab) COMMITTEE MEMBERS *George Adam (Paisley) (SNP) *Jeremy Balfour (Lothian) (Con) *Michelle Ballantyne (South Scotland) (Con) *Mark Griffin (Central Scotland) (Lab) *Alison Johnstone (Lothian) (Green) *Ben Macpherson (Edinburgh Northern and Leith) (SNP) *Ruth Maguire (Cunninghame South) (SNP) *attended THE FOLLOWING
    [Show full text]
  • Fact Sheet Msps by Party Session 4 29 March 2016 Msps: Historical Series
    The Scottish Parliament and Scottish Parliament I nfor mation C entre l ogo Scottish Parliament Fact sheet MSPs by Party Session 4 29 March 2016 MSPs: Historical Series This Fact sheet provides a cumulative list of all Members of the Scottish Parliament (MSPs) who served during session 4, arranged by party. It also includes the Independent MSPs. The MSPs are listed in alphabetical order, by the party that they were elected to represent, with the party with most MSPs listed first. Statistical information about the number of MSPs in each party in Session 4 can be found on the State of the Parties Session 4 fact sheet. Scottish National Party MSP Constituency (C) or Region (R) Brian Adam 1 Aberdeen Donside (C) George Adam Paisley (C) Clare Adamson Central Scotland (R) Alasdair Allan Na h-Eileanan an lar (C) Christian Allard2 North East Scotland (R) Colin Beattie Midlothian North and Musselburgh (C) Marco Biagi Edinburgh Central (C) Chic Brodie South of Scotland (R) Keith Brown Clackmannanshire & Dunblane (C) Margaret Burgess Cunninghame South (C) Aileen Campbell Clydesdale (C) Roderick Campbell North East Fife (C) Willie Coffey Kilmarnock and Irvine Valley (C) Angela Constance Almond Valley (C) Bruce Crawford Stirling (C) Roseanna Cunningham Perthshire South and Kinross-shire (C) Graeme Dey Angus South (C) Nigel Don Angus North and Mearns (C) Bob Doris Glasgow (R) James Dornan Glasgow Cathcart (C) Jim Eadie Edinburgh Southern (C) Annabelle Ewing Mid Scotland and Fife (R) Fergus Ewing Inverness and Nairn (C) Linda Fabiani East Kilbride (C) Joe FitzPatrick Dundee City West (C) Kenneth Gibson Cunninghame North (C) Rob Gibson Caithness, Sutherland and Ross (C) Midlothian South, Tweeddale and Christine Grahame Lauderdale (C) 1 Brian Adam died on 25 April 2013.
    [Show full text]
  • Getting out of the Woods
    Getting out of the woods Self Directed Support Scotland AGM 2018 #SDSSAGM18 Welcome to Self Directed Support Scotland’s AGM With Adult Social Care Reform and 2018: Getting out of the the revised SDS Implementation Plan on the horizon this year’s AGM woods. will be an opportunity for members to reflect on the year, and discuss Last year’s AGM asked how we go moving forward in order to really from policy to practice with SDS, ‘get out of the woods’ and see and over the last year we have effective SDS implementation with had the opportunity to address people fully in control of their own members concerns regarding this lives. on a national level: earlier in the year Jess presented evidence from Today we look forward to giving our members to the Public Audit and members the first look at our new Post-legislative Scrutiny Committee website. This will include a new and on SDS progress, and our event improved searchable database in March allowed us to showcase which will showcase the work that good SDS practice from across you do and serve as a valuable Scotland. resource for those at each stage of their social care journey. At SDSS we know that it is difficult to measure where we currently are The SDS Scotland team. with SDS implementation. Recently Scottish Government released the latest Data Under Development statistics which suggested a 70% SDS implementation rate, however Social Work Scotland’s report looked at the inner working behind SDS and recognised that we still have a way to go before the vision of SDS becomes a reality.
    [Show full text]
  • Foi-17-02802
    Annex B Deputy First Minister’s briefing for James Wolffe meeting on 3 March 2016: Meeting with James Wolffe QC, Dean of Faculty of Advocates 14:30, 3 March 2016 Key message Support efforts to improve the societal contribution made by the courts. In particular the contribution to growing the economy Who James Wolffe QC, Dean of Faculty of Advocates What Informal meeting, principally to listen to the Dean’s views and suggestions Where Parliament When Date Thursday 3 March 2016 Time 14:30 pm Supporting Private Office indicated no officials required officials Briefing and No formal agenda agenda Annex A: Background on Faculty and biography of Mr Wolffe Annex B: Key lines Annex C: Background issues Copy to: Cabinet Secretary for Justice Minister for Community Safety and Legal Affairs DG Learning and Justice DG Enterprise, Environment and Innovation Neil Rennick, Director Justice Jan Marshall [REDACTED] Nicola Wisdahl Cameron Stewart [REDACTED] John McFarlane, Special Adviser Communications Safer & Stronger St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.scotland.gov.uk MEETING WITH JAMES WOLFFE QC ANNEX A Background The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as Advocates before the Courts of Scotland. The Faculty has been in existence since 1532 when the College of Justice was set up by Act of the Scots Parliament, but its origins are believed to predate that event. It is self- regulating, and the Court delegates to the Faculty the task of preparing Intrants for admission as Advocates. This task involves a process of examination and practical instruction known as devilling, during which Intrants benefit from intensive structured training in the special skills of advocacy.
    [Show full text]
  • The Date of Es
    CROSS-PARTY GROUP ANNUAL RETURN NAME OF CROSS-PARTY GROUP Cross-Party Group on Disability DATE GROUP ESTABLISHED (the date of establishment is the date in this parliamentary session that the Group held its initial meeting, where the office bearers were elected and not the date that the Group was accorded recognition. All Groups should hold their AGMs on, or before, the anniversary of this date.) 20 September 2016 DATE OF MOST RECENT AGM 19 September 2017 DATE OF PRECEDING AGM [this date is required to aid clerks in verifying that the most recent AGM has taken place within 11-13 months of the previous AGM] 20 September 2016 DATE ANNUAL RETURN SUBMITTED 4 October 2017 GROUP MEETINGS AND ACTIVITIES Please provide details of each meeting of the Group including the date of the meeting, a brief description of the main subjects discussed and the MSP and non- MSP attendance figures. Details of any other activities, such as visits undertaken by the Group or papers/report published by the Group should also be provided. Meeting held on 20 September 2016 MSP attendees: 4 (Jeremy Balfour MSP, Anas Sarwar MSP, George Adam MSP, Alexander Stewart MSP) Non-MSP attendees: 15 Topics discussed: Re-establishing the CPG on Disability including new office bearers and priority issues for future meetings, members’ updates. Meeting held on 31 January 2017 MSP attendees: 2 (Jeremy Balfour MSP (Convenor), Alexander Stewart MSP) (also Minister for Social Security, Jeane Freeman MSP attended in her role as Minister) Non-MSP attendees: 36 Topics discussed: Discussion with Jeane Freeman, Minister for Social Security, who attended the meeting, including responsibility for disability issues, to discuss the ‘Fairer Scotland for Disabled People’ plan and social security issues; possible joint statement; members’ updates.
    [Show full text]
  • E-Bulletin Spring 2018
    Spring 2018 e-bulletin Keeping you up to date with Scottish Law Commission news and consultations Latest News Tenth Programme of Law Reform Farewell to Professor Hector MacQueen The Commission launched the Tenth Programme of Law Reform in February this year. The Programme will run for a period of 5 years. New projects cover the law of homicide, certain aspects of family law, the law affecting surrogacy, and some topics relating to damages for personal injury. The Programme also incorporates ongoing work from the previous Programme: on contract law (this project has now been completed), heritable securities and aspects of the law of leases. In addition, the Commission has commenced work on a new joint project with the Law Professor Hector MacQueen’s term of office as a Commission for England and Wales, on the Commissioner culminated in the publication of a final Report on contract law in March this year. regulation of automated vehicles. At the Law Awards ceremony in November 2017, Professor MacQueen received an Outstanding Prescription (Scotland) Bill Contribution Award in recognition of his contribution to Scots law, including law reform. In March, Commissioner David Johnston QC and The Commission congratulates Professor project manager Gillian Swanson gave evidence MacQueen on his substantial contribution to law on the Prescription (Scotland) Bill to the reform as a Commissioner. Delegated Powers and Law Reform Committee. See here for the video. The Bill would implement A new Commissioner will be appointed shortly to recommendations in the Commission’s Report on take the lead on law reform projects within the area Prescription in 2017.
    [Show full text]
  • Spice Briefing
    MSPs BY CONSTITUENCY AND REGION Scottish SESSION 1 Parliament This Fact Sheet provides a list of all Members of the Scottish Parliament (MSPs) who served during the first parliamentary session, Fact sheet 12 May 1999-31 March 2003, arranged alphabetically by the constituency or region that they represented. Each person in Scotland is represented by 8 MSPs – 1 constituency MSPs: Historical MSP and 7 regional MSPs. A region is a larger area which covers a Series number of constituencies. 30 March 2007 This Fact Sheet is divided into 2 parts. The first section, ‘MSPs by constituency’, lists the Scottish Parliament constituencies in alphabetical order with the MSP’s name, the party the MSP was elected to represent and the corresponding region. The second section, ‘MSPs by region’, lists the 8 political regions of Scotland in alphabetical order. It includes the name and party of the MSPs elected to represent each region. Abbreviations used: Con Scottish Conservative and Unionist Party Green Scottish Green Party Lab Scottish Labour LD Scottish Liberal Democrats SNP Scottish National Party SSP Scottish Socialist Party 1 MSPs BY CONSTITUENCY: SESSION 1 Constituency MSP Region Aberdeen Central Lewis Macdonald (Lab) North East Scotland Aberdeen North Elaine Thomson (Lab) North East Scotland Aberdeen South Nicol Stephen (LD) North East Scotland Airdrie and Shotts Karen Whitefield (Lab) Central Scotland Angus Andrew Welsh (SNP) North East Scotland Argyll and Bute George Lyon (LD) Highlands & Islands Ayr John Scott (Con)1 South of Scotland Ayr Ian
    [Show full text]
  • Delegated Powers and Law Reform Committee
    Delegated Powers and Law Reform Committee Tuesday 4 February 2020 Session 5 © Parliamentary copyright. Scottish Parliamentary Corporate Body Information on the Scottish Parliament’s copyright policy can be found on the website - www.parliament.scot or by contacting Public Information on 0131 348 5000 Tuesday 4 February 2020 CONTENTS Col. DECISION ON TAKING BUSINESS IN PRIVATE ....................................................................................................... 1 INSTRUMENTS SUBJECT TO AFFIRMATIVE PROCEDURE ........................................................................................ 2 Census (Scotland) Order 2020 [Draft] .......................................................................................................... 2 Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2020 [Draft] ..... 2 Alcohol (Minimum Price per Unit) (Scotland) Amendment Order 2020 [Draft] ............................................. 2 Revenue Scotland and Tax Powers Act 2014 Amendment Regulations 2020 [Draft] ................................. 2 Public Appointments and Public Bodies etc (Scotland) Act 2003 (Treatment of Consumer Scotland as Specified Authority) Order 2020 [Draft] ..................................................................................................... 2 Public Appointments and Public Bodies etc (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2020 [Draft] .....................................................................................................................................
    [Show full text]
  • Minister for Children and Young People
    Ministear airson Oigridh agus Clann Minister for Children and Young People Angela Constance BPA/MSP ~ The Scottish FIT: 0845 7741741 Government E: [email protected] Riaghaltas na h-Alba Stewart Maxwell MSP Convener Education and Culture Committee ~ The Scottish Parliament ~DELIVERING Edinburgh A GAMES LEGACY FOR SCOllAND EH991SP Ur faidhle/Your ref: I December 2011 Thank you for providing me with an opportunity to give evidence to the Education and Culture Committee on 22 November as part of the Committee's inquiry into educational attainment of looked after children. I would like to reiterate to the Committee that the Scottish Government's ambition for our looked after children is no different to what we aim for all children of Scotland - we want them to be all that they can be. We recognise that looked after children face additional barriers when accessing education and therefore require additional support from all those who are involved in their care. This Government places a particular focus on the early years, as individual capacity to learn is significantly shaped by the first 2-3 years when the brain is still developing. We recognise, however, that it will take many years for our interventions to be reflected in better outcomes for looked after children. Providing a safe, stable, nurturing and permanent home is key to improving life chances and educational attainment of looked after children. I believe that local partners - councils especially - need to focus on delivering a one- placement system - so where possible children experience only one placement while in care, reducing disruption to their lives.
    [Show full text]