Part of the debate – in the House of Commons at 7:21 pm on 16 March 2021.
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. 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. 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. 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—