Summary

  • The Finance Committee takes evidence on the draft budget from the OBR and the finance secretary

  • Justice Secretary Michael Matheson will now give a statement on the future of Police Scotland's chief constable amid claims he illegally blocked his return to work

  • The Scottish government leads a debate on the Glasgow 2018 European Championships

  • MSPs mark Holocaust Memorial Day 2018

  1. SNP MSP says the chief constable should not be tried in publicpublished at 15:08 Greenwich Mean Time 10 January 2018

    SNP MSP Alex NeilImage source, bbc
    Image caption,

    SNP MSP Alex Neil

    SNP MSP Alex Neil says the cabinet secretary got it right and had a duty to make sure the SPA process was robust.

    Mr Neil also says the chief constable should not be tried in public by the media.

    He says the Public Audit Committee has seen the failings of non executive directors on the SPA.

    Mr Matheson says the new chair of the SPA is giving consideration to how to support members of the authority in decision making.

    The justice secretary says PIRC are conducting their investigation independently.

    He says he would like to see the investigation completed as quickly as possible but it will take as long as required.

  2. Background: Can they work together?published at 15:08 Greenwich Mean Time 10 January 2018

    Glenn Campbell
    BBC Scotland Political Correspondent

    Mr Gormley appeared before the public audit committee in 2016, but is currently on special leaveImage source, bbc
    Image caption,

    Mr Gormley appeared before the public audit committee in 2016, but is currently on special leave

    Now that we have a single national police force in Scotland, there is only one chief constable.

    And that does create a situation where, if the chief constable does not get on with either the bosses at the Scottish Police Authority or indeed the minister, it makes his or her position particularly difficult.

    The way in which the set-up is now structured means we are learning about each and every complaint, it seems, that is made against the chief constable.

    Without knowing the detail of that, we can't judge whether or not he should be on leave - whether or not he should be allowed to continue as chief constable.

    But that is the way in which Police Scotland has been set up and the way in which the chief constable is being held to account.

  3. Does the cabinet secretary have confidence in the SPA board?published at 15:05 Greenwich Mean Time 10 January 2018

    Lib Dems MSP Liam McArthur

    Lib Dems MSP Liam McArthur says the centralisation of the police force puts a heavy onus on the relationship between the cabinet secretary, chief constable and SPA chair.

    He asks if the cabinet secretary has confidence in the remaining members of the SPA board.

    Michael Matheson makes assurance the discussions with Susan Deacon has focused on improving confidence in the process.

    I do not believe that the process that the SPA had in place was acceptable, he says.

  4. Green MSP says he has zero confidence in the SPA decision in Novemberpublished at 15:03 Greenwich Mean Time 10 January 2018

    Green MSP John FinnieImage source, bbc
    Image caption,

    Green MSP John Finnie

    Green MSP John Finnie says he has zero confidence in the SPA decision in November.

    Mr Finnie asks the justice secretary what steps he will take to provide protection for the staff who made the complaints.

    Mr Matheson agrees it is about the welfare of the staff who made the complaints.

    The justice secretary says the new chair of the SPA has already given a commitment to the welfare of the staff.

    He says issues relating to welfare will be a central to any decision about the chief constable returning to work.

  5. Matheson has prejudiced any decision over Gormley's future - Daniel Johnsonpublished at 15:01 Greenwich Mean Time 10 January 2018

    Labour MSP Daniel Johnson

    Labour MSP Daniel Johnson says policing in Scotland is in crisis - both in governance, leadership and the investigation into senior officers.

    He says the justice secretary's intervention has "embroiled himself in the shambles".

    The intervention should have been to fix the crisis at the start of last year when the issues first arose, he says.

    Michael Matheson has prejudiced any decision over Phil Gormley's future, Mr Johnson adds.

    The justice secretary argues there is government interest in how the matter is taken forward.

    This was about making sure there was a robust, defendable position on how the SPA assessed the matter, he says, adding this was clearly not the case.

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  7. Tory MSP says the issue is the cabinet secretary's interferencepublished at 14:56 Greenwich Mean Time 10 January 2018

    Tory MSP Liam Kerr

    Tory MSP Liam Kerr says he makes no comment on the complaints against the chief constable or whether he will return to work.

    Mr Kerr says the issue is the cabinet secretary's interference and suggests hypocrisy.

    He asks if the cabinet secretary took any legal advice and will he publish it.

    Mr Matheson says he is disappointed by the tone of the question.

    He says his focus is to ensure there is a robust annd defendable process in place in relation to the chief constable returning to duties.

    The minister says while there was a live investigation by PIRC that was not the case.

    He says the SPA board had given no consideration to the officers and staff involved in the complaints was unacceptable.

  8. 'The SPA is next due to review the Chief Constable’s leave on 25 January'published at 14:54 Greenwich Mean Time 10 January 2018

    Michael Matheson

    Mr Matheson says: "Members must remember that there is an ongoing formal statutory complaints process and I would caution against expecting SPA, or indeed government, to give a blow by blow account while the investigation continues."

    He goes on to say: "The SPA is next due to review the Chief Constable’s leave on 25 January."

  9. 'The new Chair has expressed concern about the decision making process around the Board’s previous'published at 14:53 Greenwich Mean Time 10 January 2018

    Susan Deacon was announced as the new chair of the SPA in November
    Image caption,

    Susan Deacon was announced as the new chair of the SPA in November

    Mr Matheson says: "Had the Chief Constable returned to work on 10 November and had it then transpired that no consultation had taken place with any of the relevant interests and, further, that I had failed to ask any questions about that, I suspect the criticism would be harsher – and in these circumstances, would have been justified.

    "The SPA subsequently reconsidered the issue on 10 November and decided to continue the Chief Constable’s leave, and has continued to do so at subsequent reviews."

    "The new Chair has expressed concern about the decision making process around the Board’s previous."

  10. 'Police Scotland’s own senior command team had not been told about the decision'published at 14:51 Greenwich Mean Time 10 January 2018

    Mr Matheson says: "I would also highlight that Police Scotland’s own senior command team had not been told about the decision even at that late stage."

    "I took the view that these clear deficiencies in the process were completely unacceptable.

    "I made clear to the former chair that I could not have confidence in a decision that had been reached without such significant issues having been properly addressed."

    "The former chair agreed that, before proceeding further, the SPA would carry out more engagement with the relevant persons, which I welcomed."

    Phil Gormley
    Image caption,

    Chief Constable Phil Gormley

  11. No consultation with PIRCpublished at 14:50 Greenwich Mean Time 10 January 2018

    Mr Matheson says key parties had not been consulted. In particular, the PIRC had not been asked for her view on whether the Chief Constable’s return at that point could impact on her investigations.

    He says: "I am sure that Parliament will agree that it is difficult to understand how a decision could be made to for the Chief Constable to return without first confirming that doing so would not undermine the independent PIRC investigations, or the confidence of staff to engage with that process."

  12. Assurances not forthcoming, says ministerpublished at 14:48 Greenwich Mean Time 10 January 2018

    Michael Matheson

    On 9 November the then Chair of the SPA Andrew Flanagan asked to meet me.

    He says: "At the meeting he informed me that the SPA board had decided to invite the Chief Constable to resume his duties the following day.

    "I understand that this decision was taken in a private session of the board on 7 November.

    "There had been no indication that a return to duties was being considered at that point.

    "When I met the former Chair and learned of the Board’s decision, I sought assurances that they had followed due process. Unfortunately, he was unable to give me those assurances."

  13. Background: Allegations against Mr Gormleypublished at 14:47 Greenwich Mean Time 10 January 2018

    Mr GormleyImage source, bbc
    Image caption,

    Mr Gormley

    Allegations against Mr Gormley first emerged in July 2017, when he confirmed he was the subject of a probe by the Police Investigations and Review Commissioner (Pirc).

    This concerned a complaint made by a superintendent in his private office.

    He initially stayed on in his post, but 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.

    A letter from Mr Gormley's lawyers to Holyrood's public audit committee said the Scottish Police Authority (SPA) board had "unanimously" signed off on the chief constable returning to work in November 2017.

    They said he had been "travelling back to Scotland in order to resume his duties" when he was contacted and told not to come back by then-SPA chief Andrew Flanagan, who had just had a meeting with Mr Matheson.

    Read more here.

  14. Government’s actions focussed upon ensuring due process and fairness to all partiespublished at 14:46 Greenwich Mean Time 10 January 2018

    Mr Matheson says: "Throughout this process, the government has maintained the position that decisions are for SPA as the body which has the statutory duty to consider complaints of misconduct against senior officers.

    "It is legitimate to seek assurances that the SPA is carrying out its functions in a way which is proportionate, accountable, transparent and consistent with the principles of good governance, as required by legislation.

    "All the government’s actions have been focussed upon ensuring due process and fairness to all parties."

  15. Phil Gormley still under investigationpublished at 14:46 Greenwich Mean Time 10 January 2018

    Michael Matheson gets to his feet

    Justice Secretary Michael Matheson gets to his feet and says on 8 September the Scottish Police Authority agreed to a request from the Chief Constable to take a leave of absence while allegations against him are independently investigated by the Police Investigations and Review Commissioner.

    Mr Matheson says the PIRC is currently carrying out three investigations into allegations, which after preliminary assessment she considers, if proven, would amount to gross misconduct.

    "Presiding Officer, I will give Parliament as much information as I can this afternoon.

    "However this is still a live investigation and there are legal issues that I must respect that will constrain the information that can be provided."

  16. Background: Minister accused of 'unlawful' intervention over police chiefpublished at 14:41 Greenwich Mean Time 10 January 2018

    Lawyers for Phil Gormley say Michael Matheson intervened to stop the chief constable coming back to workImage source, bbc
    Image caption,

    Lawyers for Phil Gormley say Michael Matheson intervened to stop the chief constable coming back to work

    Phil Gormley is on special leave while accusations of gross misconduct against him are investigated.

    His lawyers say he was signed off to return to work by police chiefs prior to an "intervention" from ministers.

    Michael Matheson is to make a formal statement on Mr Gormley's future at Holyrood on Wednesday.

    The Scottish government said the justice secretary had "sought assurances" that the Scottish Police Authority's decision to reinstate the chief constable was made on "a fully-informed basis".

    Read more here.

  17. Ministerial statement on chief constable's leave of absencepublished at 14:40 Greenwich Mean Time 10 January 2018

    Chief Constable Phil GormleyImage source, bbc
    Image caption,

    Chief Constable Phil Gormley

    The justice secretary will now update MSPs on the future of Police Scotland's chief constable amid claims he illegally blocked his return to work.

  18. Closure of tourist information centres across the South Scotlandpublished at 14:39 Greenwich Mean Time 10 January 2018

    Labour MSP Claudia Beamish asks the reason was for the recent closures of tourist information centres across the South Scotland region, and what alternative arrangements the government is considering putting in place.

  19. Background: Galloway forest set for TV starring rolepublished at 14:37 Greenwich Mean Time 10 January 2018

    The programme's producer said his eyes had been opened to the "full glory" of the areaImage source, Tern TV/BBC Scotland
    Image caption,

    The programme's producer said his eyes had been opened to the "full glory" of the area

    A new six-part television series is to put the Galloway forest and the people who live and work there centre stage.

    The Forest is produced and directed by Jack Warrender who grew up on a farm in nearby Barr in South Ayrshire.

    He said he had not been allowed to explore the woodland as a child but filming the series had opened his eyes to the "full glory" of the area.

    He added that people from the south west of Scotland had also been hugely supportive of the project.

    Read more here.

  20. Galloway tourismpublished at 14:37 Greenwich Mean Time 10 January 2018

    Tory MSP Finlay Carson asks what the government is doing to promote Galloway's natural features to attract tourists.