Nicola Sturgeon and John Swinney (Image: PA)

John Swinney branded 'human shield for Nicola Sturgeon' in row over inquiry into ex-first minister

by · Daily Record

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John Swinney has been branded a "human shield for Nicola Sturgeon" in a row over alleged SNP interference during an inquiry into the former first minister.

Labour today questioned the Scottish Government's use of civil servants during a supposedly impartial investigation by a senior lawyer in 2020 into whether Sturgeon had broken the ministerial code.

James Hamilton was asked to review what the then SNP leader knew and when regarding complaints of harassment made against Alex Salmond.

It comes after recently published documents show legal experts had concerns there was not sufficient distance between the inquiry and the Scottish Government - despite the probe being described as independent of ministers.

Lawyers privately raised fears relating to a secretariat set up to support Hamilton's investigation as it was staffed originally by a single government official.

Jackie Baillie, Scottish Labour deputy leader, said: "The suggestion that the civil servant seconded to the James Hamilton inquiry provided information, directly or indirectly to the Scottish Government, raises huge questions about the independence of the process.

"And this doubt about independence could now apply to other public inquiries where civil servants are seconded to be the secretariat. Given the need for integrity and good governance the First Minister must agree that Parliament should instruct a judge led inquiry."

But the First Minister flatly denied there had been any interference in the process.

"James Hamilton is an independent commissioner of impeccable reputation and integrity," Swinney told MSPs. "The person who supported him as the secretariat was a non-political career civil servant.

"Questioning the independence and integrity of James Hamilton and of a civil servant who cannot publicly defend themselves, is unwarranted, unfair and unsupported by the facts.

"I reiterate what I said at the beginning of this statement. The first I knew of any of the contents of James Hamilton’s report was when he delivered his report to us on March 22, 2021. Those are the facts and nothing in Saturday’s publication changes them."

Russell Findlay, Scottish Conservatives leader, said: "A Scottish Government official was transferred to work for James Hamilton while he investigated allegations that Nicola Sturgeon breached the ministerial code.

"But we only now discover that during this time the official was passing information directly to Mr Swinney. She even drafted letters from Mr Swinney to Mr Hamilton – who she was working for.

"Hopelessly and fatally conflicted. The government then spent huge sums of money trying to keep all of this secret from the public. Despite his protests, the First Minister's fingerprints are all over this cover up."

In April 2021, a freedom of information (FOI) request was made to obtain all the evidence submitted to the James Hamilton probe into whether Sturgeon breached the ministerial code when she was first minister.

Sturgeon had referred herself to Hamilton – the independent adviser on the ministerial code – in response to allegations she had misled Holyrood in relation to the inquiry into the botched investigation of harassment complaints against her predecessor Alex Salmond.

The Government argued it did not hold the information, claiming it was in a restricted part of its information management system as a result of Hamilton’s inquiry.

Scottish politics

Eventually, the Information Commissioner ordered ministers to divulge the information, with the Court of Session subsequently rejecting a Government appeal against the decision.

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