THE inquiry into the botched Scottish Government harassment complaints process has evidence that the retrospective policy was unlawful.
The National revealed earlier this week that previous first ministers Jack McConnell and Henry McLeish, and three-time acting FM Jim Wallace, were not consulted about the procedure which rendered the whole policy open to legal challenge.
We revealed that letters to them had been drafted but were never sent.
The Scottish Government told The National the letters “were considered as a courtesy and not to seek permission, and it was concluded that it was unnecessary for them to issue”.
The National has obtained a copy of the draft letter, prepared in November 2017. We can reveal that not only is it not a “courtesy” letter, but the former first ministers were actually asked to play a part in the procedure.
READ MORE: Holyrood governing body tells harassment probe to publish Alex Salmond evidence
The letter, drafted by civil service chief Leslie Evans for First Minister Nicola Sturgeon – who personally insisted that it be retrospective back to 1999 – outlines the procedure to be followed in the event of harassment complaints, including historical complaints.
It goes on to state: “I hope you will agree that it should help provide additional assurance to staff that any complaints they raise will be fully investigated, no matter when the alleged concerns occurred.
“I intend to write to all former ministers who have served in my administration to make them aware of these arrangements. I am writing to former first ministers inviting them to consider making ministers who served in their administrations aware of them too.”
If the judicial review of the complaints procedures sought by Alex Salmond had gone ahead, his lawyers would have argued that the policy’s retrospective nature rendered it unlawful as no consultation had taken place with the people possibly affected by it.
The Scottish Government maintained last night it was “unnecessary” for the letters to issue.
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