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Minister criticises police board over chief constable row Minister criticises police board over chief constable row
(35 minutes later)
Scotland's justice secretary has criticised the Scottish Police Authority over its attempt to bring the chief constable back to work.Scotland's justice secretary has criticised the Scottish Police Authority over its attempt to bring the chief constable back to work.
Phil Gormley is currently on special leave while allegations of gross misconduct are investigated.Phil Gormley is currently on special leave while allegations of gross misconduct are investigated.
His lawyers accused Michael Matheson of making an "unlawful" intervention to stop him coming back to work.His lawyers accused Michael Matheson of making an "unlawful" intervention to stop him coming back to work.
But Mr Matheson told MSPs that he had simply questioned "clear deficiencies" in the decision-making process.But Mr Matheson told MSPs that he had simply questioned "clear deficiencies" in the decision-making process.
He revealed that he only discovered on 9 November that the SPA had decided at a "private meeting" two days earlier to allow Mr Gormley to return to work. He revealed that he only discovered on 9 November that the SPA had decided at a "private meeting" two days earlier to allow Mr Gormley to return to duty.
He said the Police Investigations and Review Commissioner (Pirc) had not been consulted as to whether this would affect its investigation into the complaints. He said the Police Investigations and Review Commissioner (Pirc) had not been consulted as to whether this would affect its investigation into the complaints, nor had the acting police command team been informed that Mr Gormley was due to return to work the following day.
Neither had the acting police command team been informed that Mr Gormley was due to return to work the following day, Mr Matheson said. The justice secretary said in light of these concerns he asked the SPA to review its decision, which he said was "simply unacceptable and could not be defended".
He said in light of these concerns, he asked the SPA to review its decision which he described as "simply unacceptable and could not be defended". Allegations against Mr Gormley first surfaced in July 2017, although he initially stayed on at work after a complaint made about him was referred to Pirc.
Allegations against Mr Gormley first surfaced in July 2017, although he initially stayed on at work after referring himself to the Pirc.
The chief constable then went on "special leave" in September that year after a further allegation was made, and has remained off work while a series of other complaints emerged.The chief constable then went on "special leave" in September that year after a further allegation was made, and has remained off work while a series of other complaints emerged.
Lawyers for Mr Gormley said the SPA board had "unanimously" signed off on his return to work in November 2017, and said Mr Matheson had intervened in an "unlawful" manner. However, on 8 November Mr Gormley received an email from then-SPA chief executive John Foley - since published by Holyrood's public audit committee - which said his "return to full duties has the unanimous backing of the board".
Mr Matheson told MSPs that he had "sought assurances" from then SPA chairman Andrew Flanagan that he had "followed due process", adding that "unfortunately he was unable to give me those assurances". Mr Matheson told MSPs that when he was told about this the following day, he had "sought assurances" from then-SPA chairman Andrew Flanagan that he had "followed due process". He said that "unfortunately", Mr Flanagan "was unable to give me those assurances".
Both Mr Flanagan and Mr Foley were on their way out of office at that point, with both choosing to step down following heavy criticism from MSPs.
The board is now chaired by former Labour MSP Susan Deacon, who said improvements had to be made in leadership and governance.
'Clear deficiencies'
In his Holyrood statement, the justice secretary listed a series of "clear deficiencies in the process" which he said were "completely unacceptable".
He said "key parties had not been consulted", including investigators, and said that "there did not appear to be a robust plan in place to protect the wellbeing of officers and staff who had raised complaints or who may have been asked to play a role in the investigations".
Mr Gormley's lawyers claimed in further correspondence shared with MSPs that there was "no lawful basis for the Scottish government's intervention or interference with the lawful decision of the SPA".
But when pressed on this by opposition members, Mr Matheson denied intervening in an operational matter or exceeding his authority.
He said he had not used any formal powers but had spoken to the chair about the case as a matter of governance, something Mr Flanagan had subsequently acted on.