TORY plans to table a vote of no confidence in Nicola Sturgeon have been described as “utterly irresponsible” by the First Minister’s spokesman.
Douglas Ross’s move to oust the SNP leader came after the Government’s legal advice appeared to show that ministers were warned they could lose their court battle with Alex Salmond months before they conceded.
The legal advice, published on Tuesday night, revealed that the Government knew in September that it might lose.
But it wasn’t until January 2019 that the Scottish Government conceded the case.
The probe into allegations of harassment against the former First Minister was rendered unlawful after senior civil servant Judith MacKinnon was appointed the investigating officer.
She had previously had substantial contact with the two accusers.
Paragraph ten of the Scottish Government’s complaints handling procedure says the investigating officer “will have had no prior involvement with any aspect of the matter being raised”.
In September 2018, ministers were warned by lawyers that there “is a real risk that the court may be persuaded by the petitioner’s case in respect of the ground of challenge based on ‘procedural unfairness’.”
Senior counsel Roddy Dunlop told the government on October 31 that MacKinnon’s involvement “presents a very real problem indeed.”
In his note, Dunlop said the “procedure was not followed, rather an expressed embargo was ignored in a way which may well vitiate the entire proceedings.”
He added: ”It would be wrong for me to suggest this revelation is anything other than an extremely concerning one.
“I should stress, of course that I’m not suggesting bad faith on the part of anyone, least of all Ms MacKinnon, but the fact remains that the procedure indicates to my mind at least that she was not eligible to be appointed as IO.”
He, for the first time, raised the possibility that this could mean conceding the case, saying it would make “little sense to continue to defend the indefensible”.
By December 6, they warned that pressing on regardless, would be “in many ways, even less attractive” than conceding.
They told ministers. “Ultimately, our own view is that the ‘least worst’ option would be to concede the Petition. We understand how unpalatable that advice will be, and we do not tender it lightly.
“But we cannot let the respondents sail forth into January’s hearing without the now very real risks of doing so being crystal clear to all concerned.”
Both Dunlop and junior counsel, Christine O’Neill QC, later threatened to resign unless the government conceded.
Douglas Ross said: “Credible witnesses have now backed up Alex Salmond’s claims and the legal advice shows the government knew months in advance that the judicial review was doomed but they still went on to waste more than £500,000 of taxpayers’ money.
“There is no longer any doubt that Nicola Sturgeon lied to the Scottish Parliament and broke the Ministerial Code on numerous counts.
“No First Minister can be allowed to mislead the Scottish people and continue in office, especially when they have tried to cover up the truth and abused the power of their office in the process.
“The weight of the evidence is overwhelming. Nicola Sturgeon must resign.”
Labour MSP Jackie Baillie said: “The legal advice plainly states that while the Scottish Government had grounds to view aspects of its case as ‘defensible’, serious questions remained around procedural unfairness from the very beginning.
“The advice states plainly that there was a ‘real risk’ that the Court would be persuaded by the challenge on ‘procedural unfairness’.
“Despite this warning, the Scottish Government persisted at the cost of over half a million pounds of taxpayers’ money and to the detriment of the women involved.
She added: “The Scottish Government’s unlawful handling of harassment complaints appears to be indefensible, and I look forward to having the opportunity to question the First Minister on the failings of her government.”
A spokesperson for the First Minister said:“The First Minister will address all of the issues raised – and much more besides – at the committee tomorrow, while the independent adviser on the ministerial code will report in due course.
“But to call a vote of no confidence in the middle of a pandemic, before hearing a single word of the First Minister’s evidence, is utterly irresponsible.
“It is for the public to decide who they want to govern Scotland and – while we continue to fight the covid pandemic – with the election campaign starting in just 20 days, that is precisely what they will be able to do.”
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