David Davis
MP for Goole and Pocklington · Conservative · United Kingdom
“On a point of order, Madam Deputy Speaker. May I start by congratulating my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) on putting a Bill in front of the House that has support from literally everybody in the Chamber?”
“The Post Office Horizon scandal highlighted the institutional instinct to find a convenient scapegoat. Innocent people paid the price, while the institution sought to protect itself. If the Thirlwall inquiry asks too narrow a set of questions, systemic NHS failures will go unexamined.”
“Last month’s sentencing of Nicola Sturgeon’s husband exposed the real reasons behind the Scottish Government’s persecution of Alex Salmond. From 2010 to 2022, Peter Murrell abused his position to embezzle almost £500,000 from the SNP to buy luxury items. He used SNP money to buy a £33,000 Volkswagen Golf.”
“The consultants also reported that in the two months since the change infants have been sick but recovered as expected.” The report highlighted deficiencies in staffing levels, leadership and communication, but, in the trial, it was not shown to the jury—they knew nothing of it.”
“One of the nurses let go later described it as “the decimation of the Nursing and Midwifery service”, adding that “eight registered nurses...were replaced with nursery nurses...unqualified staff are replacing qualified staff”.”
“There was little space, cots and incubators were stored in corridors, and mothers struggled to find somewhere to breastfeed their babies. Susan Gilby, the hospital’s chief executive between 2018 and 2022, later described the unit as “dark, dingy and cramped”, providing a “less than ideal” environment to work in.”
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“It needs reform, and I will endeavour to ensure that it is put right. Finally, my name, along with that of the hon. Member for Walthamstow (Stella Creasy), is on the amendment to the Queen’s Speech that calls on the Government to obey the law in areas where the courts have ruled that they are acting illegally. There are a number of cases in which the Government have not done what they have been told to do by the courts three or four years ago. Many of these cases affect the rights of children. Rule of law is not a theoretical constitutional concept. It affects the lives and living standards of bereaved adults and deprived children.”
“We know from history, including cases of people having their phones confiscated, that once the police have this data, getting them to delete it and give it back is the devil’s own job. Indeed, it is near impossible; anybody who has tried it knows that. We are talking here about massively enhancing the powers of the state, or an agent of the state, to collect as much data on as many individuals as it sees fit. I want to see that restricted. I am concerned about the threat to the right of protest, which this country has enshrined in our national fabric for over 800 years—the right to peaceful demonstration. The Home Secretary promised me from the Dispatch Box that we would be incredibly careful to protect that fundamental right. However, I am afraid that the wording of the Bill, as it stands, simply does not do that.”
“This is crippling to an individual’s life—it is like a loose house arrest—and the National Crime Agency shows zero understanding of the cruel damage that is being done to a person’s life by its ridiculously slow investigation. The Bill, as it stands, will make those problems worse by relaxing the current restrictions on police bail. I give notice to the Government that I will aim to amend the Bill. The Bill also contains a proposal for the mass collection of data under the auspices of preventing and reducing serious violence. Here we have the Government countenancing pre-crime, and to deal with pre-crime, they have to have someone’s medical data, health data and education data—there is no restriction on it. It imposes a duty on an array of authorities, including health providers, to share data with the police.”
“My right hon. Friend is quite right: I opposed the increase to 0.7% because I thought that it was too fast and that it would encourage inefficiency, but once we are at 0.7%, reducing it will lead to the loss of lives, so I absolutely agree with him on that. The most important of the domestic issues that concern me is the Police, Crime, Sentencing and Courts Bill. The Bill reverses the reforms that we put in place in 2017 after the scandal of the treatment of Paul Gambaccini, who was on police bail for well over a year before not being charged. Even now, after that reform, far too many suspects are still bailed for years on end. I currently have a case in front of me where an individual has spent five and a half years on bail without an end in sight.”
“Mr Speaker, May I ask you to get the House authorities to speak to the Government about meeting these guidelines, so that our attempts to hold them to account are more effective?”
“On a point of order, Mr Speaker. As a further letter of complaint, I want to raise with you the problem of Government Departments not meeting the guidelines for named day questions. To put it in context, this Government spend more money on polling and focus groups than any Government in history. There may be good reason for that, but for the past year, they have adamantly resisted all freedom of information requests about that subject. I put in five named day questions on specific elements of it. Not one of them was answered on time; indeed, not one of them has been answered yet. This is not unusual: other Departments also resist answering named day questions, and this is an instrument that is critical for holding Governments to account. This was the Cabinet Office, but other Departments do the same.”
“Only then will our service personnel be properly protected from vexatious and damaging litigation, and only then will this Bill and its associated policy have properly achieved its aim.”
“However, I will just make a comment en passant relating to what the right hon. Members for Wentworth and Dearne (John Healey) and for North Durham (Mr Jones) said. The Ministry of Defence now needs to take the advice of people like former Judge Advocate General Blackett, and others, and improve its own investigation system to stop soldiers from going through the same problems again in future. The problem has always rested, in part, within the walls of the Ministry of Defence, so improvements to the investigation process must be made. Our troops need to be reassured that if they ever face allegations of wrongdoing they will be investigated fairly, rapidly, and without the threat of constant reinvestigation.”
“When I asked the chief prosecutor of the ICC for her consideration of the Government’s concessions on this point, she said in her response to me last Friday that “any gap between the scope of coverage in the excludable offences under the proposed legislation and conduct which might otherwise constitute a crime within the jurisdiction of the Court would risk…rendering relevant cases concerning such conduct admissible before the ICC.” In other words, the Bill in its state last week would have still left our soldiers open to prosecution. Today’s amendment means that torture, war crimes, crimes against humanity and genocide will all now, quite rightly, be excluded from the presumption against prosecution contained in the Bill. That is to be welcomed. On that basis, I am entirely supportive of the Government and they will get my vote today.”
“The ICC is usually in the business of prosecuting tyrants and torturers, not the soldiers of law-abiding democracies, let alone one with the United Kingdom’s reputation. The concessions last week would still have left our soldiers open to charges of war crimes. To be clear, these are not theoretical concerns of myself or other Members either here or in the other place.”
“In government, as I said last week, it is always difficult to change your mind once you set out on a specific course of action, but the Government are to be commended for doing just that in the case of this Bill. In particular, I again commend the new Minister for his extremely rational approach to this and using the time that ping-pong has given him to good effect. The original drafting of the Bill created a situation whereby the UK’s standing on the international stage would have been threatened. Our reputation as an upholder of the rule of law would have been tarnished and we would have run the risk of potentially having our troops hauled before the International Criminal Court. That would have been a truly shameful outcome.”
“Thank you for the hint, Mr Deputy Speaker. I will confine myself to issues around Lords amendment 1R in order to limit what I have to say. Last week’s concessions from the Government on the matters relating to amendment 1R were long overdue. With their tabling of the amendments removing genocide, torture and crimes against humanity, some of the most egregious errors in the Bill were corrected, which is why I voted in favour of the Government amendment last week. However, as I warned on Wednesday, that amendment left one serious matter unresolved—war crimes are still subject to a presumption against prosecution. Thankfully, further representations from Lord Robertson and others have led the Government now to rectify this oversight with the amendment we are considering today. I welcome that further concession.”
“Much of this is a fantastic improvement, but that seems to me a fairly sizeable hole in the improvement.”
“May I also welcome my hon. Friend to the Front Bench? It is an overdue promotion. May I bring him back to this question of war crimes? He will talk about the Henry VIII clause in a minute, but I want to bring him back to this question. Many of us who are emotionally very supportive of the Bill and, indeed, its successor in respect to Northern Ireland do not want to see, under any circumstances, British soldiers brought before the International Criminal Court. That would be a shame on them and a shame on our country. The International Criminal Court’s chief prosecutor has made it plain that, in the event that we hinder—and this would be a hindrance—the prosecution of war crimes, they would see it as appropriate for them to bring the prosecution.”
“I entirely agree with the point that the right hon. Member for North Durham (Mr Jones) just made. The issue starts with the investigative mechanisms inside the Ministry of Defence. My hon. Friend does not need to take it just from us; he should look at the comments of Justice Blackett, who, as a former JAG, was expert in the matter and understood it all too well.”
“I think the right hon. Gentleman thought I was trying to trick him when I said that Lord Mackay had voted for Lords amendment 1. The point I was making is that Lord Mackay is a previous Law Officer—a very senior Law Officer in a Tory Government —and he voted for George Robertson’s amendment, reinforcing its force, not undermining it.”
“Member for Barnsley East (Stephanie Peacock) put forward on Report. However, it is an almost 180 degree turn, but it is one that was plainly needed. As the right hon. Member for Wentworth and Dearne (John Healey) has said, it was supported by the most august panel of people in the Lords that one could possibly pick for a subject such as this: six Chiefs of the Defence staff—people who do not willingly vote against the Government of the day; an ex-Secretary-General of NATO; a former head of MI5; two former independent reviewers of terrorism legislation; a former National Security Adviser; and several other senior military figures.”
“I will broadly support the Government today with some caveats that the Minister will hear in a minute, but on the other amendments—in fact on all the amendments—I recommend right here and now to the Lords that, when we send them back, they send them back modified to take on board some of the intelligent comments that we have heard from across the House. The Minister then should look very hard at accepting them, because, next time around, I would be inclined to support the Lords amendments, as they have been very considerate in the way that they have presented them. I also know from my experience as a Minister quite how difficult it is to undertake a 180 degree turn on a massively central point in a Bill. I commend the Government for doing almost exactly that on Lords amendment 1, because it reflects very closely what I and the hon.”
“May I declare an interest as a trustee of a regimental association? Let me reinforce my congratulations to the Minister at the Dispatch Box. I, too, in my time, have gone from the omertà of the Whips Office to the garrulousness of the Dispatch Box. It is not an easy transition, and he has carried it off with aplomb and class, and I look forward to a great future for him. What he has not been able to do for himself is manufacture time between his appointment and the consideration of these matters. I will speak solely to Lords amendment 1—Lord Robertson’s amendment.”
“The chief prosecutor of that court wrote to the Secretary of State for Defence. When I saw the account of that, I wrote to the chief prosecutor and received a clarification. War crimes are plainly in the court’s sights. If somebody is alleged to have been guilty of a war crime and we exercise the presumption against prosecution as stated in the Bill, they will end up in front of the ICC. That is quite clear to me. That is not a risk, but a certainty.”
“It is not what they fight for. When they go abroad to fight, they do so because they stand up for our civilised values, and this is one of them. There is a certain quirk to that. The Bill must give confidence to military personnel, complainants and other countries that the United Kingdom remains a stalwart upholder of the rule of law. There can be no greater test of our national character and no more important measure of our moral fibre than maintaining the highest of standards in this most difficult of tasks. We must get this right. If we get it wrong, we will be in the shameful position—this was made clear several times by the Labour party spokesman, the right hon. Member for Wentworth and Dearne—of putting our troops at risk of being summoned before the International Criminal Court.”
“They are, quite properly, things we would be held to account for by the rest of the world, let alone our soldiers being held to account by our courts and our judicial procedure. I firmly believe that we cannot protect our own soldiers without correcting that exclusion. That is not just my opinion; it is the opinion of many of our experienced military leaders. Take Lord Robertson, the former Labour Minister—he was both Defence Secretary and NATO Secretary-General—who authored the amendment. He argued that the Bill would create “a two-tier justice system in which troops acting for us abroad would be treated differently from other civilians in society.” —[ Official Report, House of Lords, 13 April 2021; Vol. 811, c. 1190.] That cannot be right and that cannot be just. Indeed, it is not what our troops stand up for.”
“The Government have failed to exclude war crimes from the list of offences, as has been made clear by the Opposition spokesman. I asked the Minister whether he would clarify for me how he distinguishes between war crimes, torture, and genocide as subjects properly excluded from the Bill. Although he made a very skilful response he could not do it and I do not think anybody could do it. As my right hon. and gallant Friend the Member for Beckenham (Bob Stewart) made plain, war crimes include wilful killing: in the case he raised, the wilful killing of prisoners; the wilful killing of innocent civilians; and wilfully putting people through miserable pain or suffering. All those things are, quite properly, war crimes.”
“The bishops often vote against the Government. This is something where the military securitat—as it were—do not vote against the Government. They are people whose patriotism is unquestionable and whose knowledge is unparalleled in this area, so the Minister should pay great attention to them and take notice. The aim of the Bill, as we have heard several times, is to shield our military personnel from being pursued by vexatious claims—I was going to say something rude about lawyers. It is a proper and worthwhile ambition and one that we should fully support. The Government have rightly made it clear—and this is the point on which I support them—that torture and genocide can never be acceptable and have excluded them from a five-year presumption against prosecution. However, even with these concessions, there remains a fundamental problem.”
“However, I will also say to the Minister that if the Lords send it back again and insist on the exclusion of war crimes, I will vote for it next time and I will encourage my many colleagues who are concerned about the Bill to vote that way, too. The Minister cannot invent time, but it will give him time to look at all the amendments and think through carefully what is really in the interests of our soldiers and our country. On that basis, I support it.”
“Yes, murdered is the right word. What would that lead to? It would lead to members of the British military being arraigned before a court that is traditionally used for arraigning tyrants and people we would view as monsters. What would that say about our nation’s moral compass? I shudder to think how people would use it. Of course, those who would use that impugning of our position would be our opponents, who themselves have no moral compass. They would be the first to use it against us. It would embolden our adversaries and be a bad day for Britain. I say this to the Minister: I will support the Government today, even though I am unhappy with that exclusion, because they have made a major concession in areas on which I and the hon. Member for Barnsley Central (Dan Jarvis) pressed them.”
“I am sure that everybody will join the Home Secretary in condemning what were evil and shameful acts yesterday—there are no two ways about that. The simple truth is that those evil and shameful acts demonstrated only too clearly the need for the police to have powers to deal with disruptive, dangerous actions masquerading behind the right to demonstrate, and she is right to promote that. That being said, many of us, I suspect including her, view the right to demonstrate peacefully as a foundation stone of our democracy. Can she give the House an undertaking that before we get to Report stage we will make sure that the right to demonstrate peacefully is absolutely guaranteed in our law?”
“It made it clear that it would deem disclosure of evidence to a Committee of elected representatives to be a criminal offence. We have, in effect, given the Holyrood inquiry the right to summon evidence but not to use it. It is because of these failings that I have brought this debate today. We need to reinforce the ability of the Scottish Parliament to hold its own Government to account. I am here to strengthen the Scottish Parliament, not to bury it. A few weeks ago, I was passed some papers from an anonymous whistleblower. The information in those papers consisted of a download of text messages from the telephone of Sue Ruddick, the chief operating officer of the Scottish National party. This download—”
“It therefore does not have its own mechanisms of control and accountability in place, but it is only loosely controlled by Whitehall, as we shall see in a moment. The result has been tolerance of failings that ordinarily would have led to resignations. Thirdly and most importantly, Scottish parliamentarians were not given the same powers and privileges that Members of this House enjoy. That means that evidence relevant to the Holyrood inquiry can be freely discussed here today using parliamentary privilege, but if an MSP in Holyrood were to do the same, they would likely find themselves facing down prosecution. Indeed, the Crown Office has been making such threats to Mr Salmond’s lawyers, various journalists and even the Holyrood inquiry itself.”
“Those difficulties can be traced back to the Scotland Act 1998, in which the British Government of the day and this House decided to devolve power to the Scottish Parliament but failed to do it properly. Those failures were broadly on three fronts. First, this House failed to guarantee separation of powers to Scotland. We have known for centuries that separation of powers is fundamental to a functioning democracy, yet in Scotland, the Lord Advocate both leads the prosecution service and serves in the Scottish Cabinet. That leaves him conflicted and compromised, with his Department’s independence undermined. Secondly, the Scottish civil service was left as a part of the wider UK civil service.”
“For the past few months, Scotland has been transfixed by the Holyrood inquiry seeking the truth of what went wrong with the investigations into the former First Minister, Alex Salmond. The inquiry is investigating matters of the most serious kind—serious for the proper handling of sexual harassment complaints in Scotland; serious for the accountability of those in positions of power, including the Scottish Government’s permanent secretary and Lord Advocate; and serious, if the former First Minister’s claims hold any water, for the future of the present First Minister’s administration of Scotland. These matters are unquestionably something that should properly be dealt with in Holyrood, but Holyrood has great difficulties exposing what went on. The inquiry has come up against endless impediments in its efforts to fulfil its remit.”
“Let us give the Scottish Parliament the power to do the job.”
“They failed with the complaints process, they failed to heed legal advice, and they failed to honour commitments to ensure a transparent parliamentary review, but perhaps more worryingly the inquiry has revealed the limits of what the Scottish Parliament can expose. There is a deficit of power, and with it comes a deficit of accountability. At the very least, I ask the Minister to consider an amendment to the 1998 Act to deliver separation of powers to Scotland—something that I believe a previous Justice Minister, the hon. Member for East Lothian, has written to the Justice Committee about already—to strengthen the civil service, and to reinforce the powers of the Scottish Parliament, correcting the fundamental power imbalance between the Executive and the legislature in Scotland.”
“Together, those form a litany of acts that repeatedly frustrated the Committee and denied the public full transparency and accountability. They fit squarely into a pattern of evasiveness and abuse of process that the Scottish Government have woven from the start. As I said in opening, the proper place for these matters to be determined is Holyrood. It would be eminently preferable for MSPs to be exposing any relevant evidence, but given the British Government’s failure in 1998 to give sufficient power to the Scottish Parliament, and given that the Scottish Parliament derives its authority from this House, certain evidence must now enter the public domain here. The Holyrood inquiry has exposed some critical failings at the heart of the Scottish Government.”
“I recommend that they ask for the junior counsel’s notes. It was only at the last possible minute that the Government conceded the case, and only after counsel had threatened to resign. The First Minister told the Committee: “I am not aware that they threatened to resign”, but she will have seen a report that clearly states that counsel “in light of their professional duties” and their view of the case “will require to withdraw from acting on January 3”. Fourthly, the Scottish Government have repeatedly denied the Committee relevant evidence for what they claim to be legal reasons. That position is nonsensical. Of course there should be protections over sensitive material exposed in criminal trials—we agree on that—but those protections should not prevent a parliamentary committee from doing its job of holding Government to account.”
“That leaves an absurd situation where the inquiry cannot speak about evidence that is freely available to anyone with an internet connection. The redactions are therefore clearly not designed to protect the complainants; they are designed to protect the First Minister from accountability to the inquiry. Thirdly, the Scottish Government withheld the damning legal advice given in the civil case. It was only with the threat of a no confidence vote in the Deputy First Minister that the Committee could see part, and I emphasise part, of that advice. However, what we do know is that across November and December 2018 there were a series of meetings where it was decided to persist with the judicial review. That was against clear advice from counsel. Rather extraordinarily, those meetings appear to have been largely unminuted.”
“She was, of course, aware earlier than that. The question is just how aware and how much earlier. Secondly, the Crown Office intervened to see that the evidence of the former First Minister was redacted, supposedly to protect the identity of complainants, which is the point that the hon. Member for Midlothian (Owen Thompson) made quite properly earlier. Again, that redacted evidence focused on whether or not the First Minister breached the ministerial code, but The Spectator magazine had already published online Mr Salmond’s entire evidence with only a single paragraph redaction. When The Spectator went to court to secure the publication of that evidence, the Crown Office made no objection whatsoever to the paragraphs that it bullied the Holyrood inquiry to redact.”
“This evidence is critical in determining whether Nicola Sturgeon breached the ministerial code. It is clearly in the public interest to see this evidence. However, it is not allowed to be published, so I have a suggestion for the Committee. I have it on good authority that there exists from 6 February 2018 an exchange of messages between civil servants Judith McKinnon and Barbara Allison suggesting that the First Minister’s chief of staff is interfering in the complaints process against Alex Salmond. The investigating officer complained, “Liz interference v. bad”. I assume that that means very bad. If true, this suggests that the chief of staff had knowledge of the Salmond case in February, not in April, as she has claimed on oath. The First Minister also tied herself to that April date in both parliamentary and legal statements.”
“The Scottish Government had committed abuses of process in the initial investigation. They had failed to live up to their duty of candour in court with an indefensible case. At this point, we might have expected some contrition. Instead, the Scottish Government have now set their sights on impeding the Committee tasked with investigating the whole affair. The Members of the Holyrood inquiry are valiantly struggling to do their job, or at least some of them are, but time and again they have been frustrated. The inquiry has had to cope with evasiveness from the Scottish Government and the constant threat of legal action by the Crown Office, the Scottish equivalent of our Crown Prosecution Service. First, the Crown Office intervened by barring the publication of the evidence of Geoff Aberdein, Mr Salmond’s former chief of staff.”
“The Scottish public will now pay the bill for their Government’s dogged pursuit of a doomed case. More than that, the Scottish Government behaved in a way that was misleading to the court in a case that had serious implications for the criminal case that was to follow. The charges in that case were very serious. Had Mr Salmond been guilty of them, he would, quite rightly, have gone to prison, and his reputation would have been destroyed forever. Yet the Government were willing to play fast and loose with the facts in a way that, if they had succeeded, would have jeopardised the whole process of justice. For me, that is even bigger than the grotesque waste of £1 million. As it was, of course, he was exonerated on all charges by a predominantly female jury in a criminal court presided over by a female judge.”
“I do not know who took that email out—I have it here. I do not know who gave the instruction, but in my view the removal of that document would be a summary dismissal offence and possibly a criminal offence. At the very least, it would be a contempt of court. Yet over his three evidence sessions, the Lord Advocate, the Chief Law Officer of Scotland, did not see fit to mention this crucial incident to a parliamentary Committee trying to get to the truth. It came to light just 10 days ago, when the Government were forced to publish their legal advice. It was only in January 2019, after months of increasingly damning advice, that the Scottish Government faced the inevitable and conceded the judicial review. Costs were awarded against the Scottish Government at a punitive level reserved for defences conducted “incompetently or unreasonably”.”
“Most remarkably, the counsel told the Scottish Government that they were “personally horrified”, and that they could “no longer rest on pleadings that they knew to be untrue.” The defence had collapsed because of the Government’s lack of candour. Mr Salmond was very fortunate that the Government’s counsel, Mr Roddy Dunlop, now Scotland’s leading QC, behaved with impeccable honour and honesty throughout. Let us be clear: this is not just a case of a Government who failed to provide information because they could not manage their own filing systems. This was a Government who actively withheld important, relevant information. In one case, a critically relevant email was actively removed from an information bundle that was going to the court and that had already been approved by the Government counsel.”
“By 14 December, the obvious failure of the Government to meet their duty of candour leads to a commission and diligence committee being appointed to establish the real facts. On 19 December, after the first meeting of that commission, the Government’s external counsel tells the Government: “With regret, our dismay at this case deepens even further...Suffice to say that we have each experienced extreme professional embarrassment as a result of assurances which we have given, both to our opponents and the court, which assurances have been given on instruction, turning out to be false as a result of the revelation of further documents.” The Scottish Government pressed on despite the counsel’s continued concerns about their “untenable position”.”
“The complaints procedure under which Salmond was investigated had a real risk of being found to be unfair. Counsel stated: “the vulnerability arises from the Procedure itself, and not from its implementation in this particular case.” We now know that counsel came to that conclusion without being given the full facts of the case—facts that, in due course, took it from being an arguable case to a completely unarguable one. External counsel Roddy Dunlop QC gave that first assessment of their chances in late September. By the end of October, he is clearly worried that the Government had not disclosed important facts about their operation of the process and says that at that point: “it makes little sense to continue to defend the indefensible.” Within a few days, he is advising that the “least worst” option is to concede the case.”
“Mr Salmond sought judicial review of the process, and in due course, this complaints procedure and process was judged by Lord Pentland in the highest civil court in Scotland to be “unlawful”, “unfair” and “tainted with apparent bias”—an astonishing judgment, backed up by the maximum possible punitive award of costs. The judicial review of 2018 led to further extraordinary behaviour by the Scottish Government. In her evidence before the Holyrood inquiry, the First Minister of Scotland, Nicola Sturgeon, said that her Government’s external counsel were “confident” at the outset of the civil case that they would be successful. That is a significant mischaracterisation of the advice. The Government’s external counsel had identified a central vulnerability in the Scottish Government’s case.”
“It is hard to imagine a Department in Whitehall essentially ignoring concerns expressed by the head of propriety and ethics, which is one of the reasons that I want Whitehall to review the checks and balances built into the Scottish civil service. The Scottish Government also ignored their own new policy and appointed an investigating officer who, it emerged, had had prior contact with the complainants, and not just any contact—a potential complainant was asked for their input on the draft procedure before they had formally made their complaint. They did not consult women’s advocacy groups, which would have been proper. They did consult trade unions, but not in a proper or timely fashion. Instead, input was sought from the very first complainant whose case would be investigated.”
“That brings us to the complaints process that Mr Salmond was subjected to. This process was new. Created in late 2017, it was different from existing Scottish Government complaints procedures in a number of ways, including being retrospective, lacking a mediation procedure and, extraordinarily, applying to previous Ministers but not to previous civil servants. The procedure was shared with the head of propriety and ethics in Whitehall, who expressed discomfort with the proposals and specifically asked whether they were only to apply to Ministers, not civil servants. As far as I can tell, she did not get a reply.”
“In a Committee evidence session on 8 December last year, Mr Murrell replied under questioning that there were no more messages of the type already in the public domain from January 2019. That statement, delivered under oath, is hard to reconcile with the dozens of messages stretching over a period of months from September 2018 that I have now seen. There is more, but it would take the whole debate to read them out. The Committee needs to gain access to all this information. The anonymous Committee member who described them as “just private conversations” should understand that meddling in an ongoing police inquiry is at best improper, and at worst criminal, so it requires proper investigation. If the Committee does not feel it can do the job, perhaps it should ask the police to do it instead.”
“and learned Member for Edinburgh South West (Joanna Cherry) raised concerns among staff at Westminster that SNP headquarters were engaged in “suborning” of witnesses, while on 28 August 2018, a senior member of SNP staff in this building described in an email the SNP headquarters move against Salmond as a “witch-hunt”. Shortly after charges were brought against Salmond, Peter Murrell sent messages saying that it was a “good time to be pressurising” detectives working on the case, and that the more fronts Salmond was having to “firefight” on, “the better for all complainers.” When the inquiry put those messages to Mr Murrell, he said that they were “quite out of character”. That is no defence even were it true, but, having seen the evidence of other messages, it seems to me that they were all too much in character for Mr Murrell.”
“Ruddick herself, in one of her texts, expressed nervousness about “what happens when my name comes out as [redacted] fishing for others to come forward”. Note, again, that this was after the criminal investigation into Salmond had commenced. This is improper, to say the least. Contact with, and influencing of, potential witnesses is totally inappropriate once a criminal investigation is under way. That was known inside the SNP itself. Text messages reveal that at an SNP national executive committee meeting early in January 2019, the hon.”