Nicola Sturgeon will have to quit if she broke conduct code, says expert

Sir Alistair Graham, a former chairman of the Commons committee on standards in public life, told a Sunday newspaper there is “sufficient evidence to suggest she has a strong case to answer”.

READ MORE: Nicola Sturgeon 'forgot' meeting about Alex Salmond

The First Minister is alleged to have breached four aspects of the code by which she must abide.

This relates to claims she:

● Misled parliament about when she first learnt of harassment complaints against her predecessor and one-time close friend

● Failed to record meetings with Salmond about government business

● Failed to notify the civil service about the talks in good time

● Did not act on legal warnings that an expensive legal battle against Salmond was doomed to fail.

Sir Alistair Graham, former chair of the Commons' committee on standards in public life.

Graham, who has been following the case, believes the First Minister may be vulnerable on the issue of failing to safeguard public funds.

Sturgeon waited two months to share with Permanent Secretary Leslie Evans details of talks she had with Salmond in April 2018 about harassment complaints from two female civil servants.

Salmond wanted the complaints dealt with through mediation, and later raised a judicial review of the government’s complaints procedures.

READ MORE: Woman in Alex Salmond trial dimisses conspiracy against him

That led a judge to rule the Scottish Government procedures unlawful, unfair and “tainted by apparent bias”, with Salmond paid costs of £512,250 from the public purse.

On the April meeting between Salmond and Sturgeon, Graham told the Sunday Times: “She must have known there was a possibility of legal action and, therefore, that put a heavier responsibility on reporting immediately to the Permanent Secretary that legal costs were likely to be incurred.”

Similarly, he believes Sturgeon may be in trouble if she pressed ahead with defending the Scottish Government in the judicial review after lawyers indicated shortcomings in its defence.

Judge Lord Pentland ruled the complaint procedures unlawful because a human resources official had prior contact with the complainers before being appointed by government to investigate their allegations.

Sturgeon consulted counsel on November 13 but instead of accepting defeat at that point, the Scottish Government did not concede until January.

Salmond says Sturgeon’s action was contrary to section 2.30 of the ministerial code, which highlights the “overarching duty on ministers to comply with the law” and to “ensure their decisions are informed by appropriate analysis of the legal considerations”.

The Scottish Government contends it only became clear much later that they stood no chance of winning the case.

Sturgeon could appear before the inquiry as early as this week, but is more likely to do so later this month, with Salmond potentially testifying this week.

Sturgeon’s chief of staff Liz Lloyd and Salmond’s former chief of staff Geoff Aberdein may also be called.

Last week Sturgeon told Holyrood she did not believe she had breached the ministerial code of conduct and was co-operating fully with an inquiry into whether she did so, led by barrister James Hamilton.

She told Scottish Labour's interim leader Jackie Baillie - who is a member of the Holyrood committee investigating the government's mishandling of complaints against Salmond - she would not engage with a hypothetical question after Baillie asked her would she resign if she breached the code.

"I do not believe that I did breach the ministerial code, so I will not engage with that hypothetical question. When James Hamilton QC issues his report, we can have an open discussion on the basis of whatever findings he arrives at, just as we will, no doubt, have an open discussion when the committee arrives at whatever findings it arrives at," the First Minister told Holyrood last Wednesday.

"Jackie Baillie is really stretching it here in saying that she is not prejudging things and then asking me a string of questions that are designed exactly to prejudge the outcome of this. She will get the opportunity to raise all those issues and ask whatever questions she chooses — not only on selected bits, but on the whole course of things — in proper full session."

She added: "I look forward to having that opportunity, when we will do that properly. That is the best way to ensure full scrutiny of me and my government and to respect the rights and interests of the women whose complaints started the whole process, and it is the best way to allow me due process, which I am entitled to.

"I look forward to having that opportunity, and I say again that, if the committee is really interested in having proper full transparency, it will ensure that everybody who has relevant information to offer comes before it and does so fully, openly, on the record and on oath, just as I will do."

A Scottish Government spokesperson told the Sunday Times: “The First Minister stands by what she has said to Parliament and by her written evidence to the committee, and looks forward to answering questions at the committee."

A spokesperson for Hamilton said he “intends to complete his report as soon as possible, and is conscious that the Scottish Parliament election is scheduled to take place in early May 2021”.

If Sturgeon resigns as First Minister, Deputy First Minister John Swinney would assume the role in the short term.

The Holyrood inquiry report is expected in late March, just before the Scottish Parliament rises for May’s election.