Eligible evidence

A political row developed over what evidence to this committee Salmond could present.^[2] Giving evidence in person in February 2021, Salmond claimed that senior figures in the Scottish Government and the SNP plotted to remove him from public life and to send him to prison.^[17][18] Sturgeon disputed the allegations.^[17][18]

Differing claims over events

Sturgeon initially told parliament that she had first heard of the complaints against Salmond when he told her of them on 2 April 2018.^[2] However, 18 months later, she revised her account, saying she had forgotten about an earlier meeting, on 29 March 2018, in which Salmond's former chief of staff Geoff Aberdein told her about the complaints.^[2] Critics have described this as a possible breach of the ministerial code, which states that any minister who deliberately misleads parliament should resign.^[2] The 29 March meeting was not recorded: meetings on government business are meant to be recorded, but Sturgeon has said this is because it was an SNP meeting.^[2] In his evidence to the committee, Salmond said there was "no doubt" that Sturgeon had broken the ministerial code in not revealing the 29 March meeting sooner and in not recording what was really a meeting about government business.^[2] Sturgeon denies any wrongdoing.^[2]

Documents and emails published on 2 March 2021 showed that two people supported Salmond's assertion that the meeting was convened as a government, not party, matter.^[19] The publication also backed up Salmond's allegation that the identity of one of his accusers had been passed to his former chief of staff, contradicting Sturgeon's statement that "to the very best of my knowledge I do not think that happened".^[19] They also confirmed that the government had pursued the legal case against Salmond after being advised by lawyers that it was likely to fail.^[19]

Leaked findings

A few days before the Committee's report was due, it was leaked that the report will conclude that Sturgeon misled the Committee, a conclusion agreed by the 5 non-SNP MSPs against the 4 SNP MSPs. The Committee concluded it was "hard to believe" that Sturgeon did not know of concerns of inappropriate behaviour by Salmond before November 2017, the date when she says she was first alerted to any issues. They also concluded that Sturgeon gave an "inaccurate account" of the meeting with Salmond at her home on 2 April 2018.^[20]

The SNP expressed anger at the leaking of the report's findings and dismissed the findings as partisan. A spokesperson for Sturgeon claimed the committee were, 'smearing' her.^[20] James Hamilton's separate investigation into whether Sturgeon breached the ministerial code was released on 22 March 2021 and concluded that Sturgeon did not breach the code,^[21][22][2] although he caveated that: “It is for the Scottish parliament to decide whether they were in fact misled.”^[23][3]

Final conclusions and aftermath

The report from the committee was published on 23 March 2021 which concluded that there were both corporate and individual failings to blame.^[24] On the specific point on whether the committee (and thereby parliament) had been misled by Nicola Sturgeon the committee found a "fundamental contradiction" in her written evidence and concluded she had misled them, which was also a potential breach of the ministerial code.^[25] However, James Hamilton's independent report released the day before, had already cleared Nicola Sturgeon of breaching the ministerial code.^[26] One individual failing was that of Permanent Secretary Leslie Evans who they stated was instrumental in the collapse of the defence to the judicial review action by Salmond.

They concluded that the major errors were a failure to identify crucial documents early and choosing an investigator who had previous contact with the women complainants. The report stated:^[27][28]

The Committee is conscious that the Permanent Secretary's office was identified as coordinating the supply of information for the judicial review and that the Permanent Secretary was one of a few people who had been aware of the prior contact of the Investigating Officer. It must be questioned why the Permanent Secretary in her role and with her knowledge did not ensure that the relevant information was extracted and processed at a much earlier stage. This individual failing is as significant as the general corporate failing already described.^[24]

In April 2022 when discussing the Partygate scandal on Loose Women with Carol McGiffin, Nicola Sturgeon referred to the incident and stated an "independent inquiry found that I didn't mislead parliament", but had it found the opposite Ms Sturgeon stated that she would have resigned. ^[29]