The Scottish government has admitted acting unlawfully while investigating sexual harassment claims against Alex Salmond. Allegations against the former first minister, which he denies, were made to the Scottish government a year ago. The
government has now admitted it breached its own guidelines by
appointing an investigating officer who had "prior involvement" in the
case.
As a result, it conceded defeat in its legal fight with Mr Salmond. Mr Salmond's case focused entirely 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.
Speaking outside the Court of Session in Edinburgh, Mr Salmond said the case had resulted in "abject humiliation" for the Scottish government, which he led from 2007 until 2014.
He added: "The last time I was in that court was to be sworn in as first minister of Scotland. I never thought it possible that at any point I would be taking the Scottish government to court.
"Therefore while I am glad about the victory which has been achieved today, I am sad that it was necessary to take this action."
Mr Salmond also repeated his calls for the Scottish government's most
senior civil servant, Leslie Evans, to consider her position, and
warned that the case could cost the public purse £500,000.
And he thanked the 4,000 people who contributed more than £100,000 to a crowdfunding appeal to help pay for his legal challenge to the government's handling of the case.
With the government agreeing to pay his legal costs, he said the money will go to good causes in Scotland and elsewhere.
The government's admission that it had not followed the correct procedures came during a hearing at the Court of Session on Tuesday morning.
Judge Lord Pentland subsequently said that the government's actions had been "unlawful in respect that they were procedurally unfair" and had been "tainted with apparent bias".
The Scottish government's admission centred on an official it appointed to investigate the complaints against Mr Salmond, which were made by two women.
Its 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.
Mr Dunlop said this had led the government to accept 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".
He also 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.
As a result, it conceded defeat in its legal fight with Mr Salmond. Mr Salmond's case focused entirely 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.
Speaking outside the Court of Session in Edinburgh, Mr Salmond said the case had resulted in "abject humiliation" for the Scottish government, which he led from 2007 until 2014.
He added: "The last time I was in that court was to be sworn in as first minister of Scotland. I never thought it possible that at any point I would be taking the Scottish government to court.
"Therefore while I am glad about the victory which has been achieved today, I am sad that it was necessary to take this action."
And he thanked the 4,000 people who contributed more than £100,000 to a crowdfunding appeal to help pay for his legal challenge to the government's handling of the case.
With the government agreeing to pay his legal costs, he said the money will go to good causes in Scotland and elsewhere.
The government's admission that it had not followed the correct procedures came during a hearing at the Court of Session on Tuesday morning.
Judge Lord Pentland subsequently said that the government's actions had been "unlawful in respect that they were procedurally unfair" and had been "tainted with apparent bias".
The Scottish government's admission centred on an official it appointed to investigate the complaints against Mr Salmond, which were made by two women.
Its 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.
Mr Dunlop said this had led the government to accept 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".
He also 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.
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