The law of probability always dictated, in defiance of apparent likelihood, that somewhere on the planet there must be someone leading a government as chaotic, incompetent and beleaguered as Theresa May’s. The challenge was to identify such a politician. Now, however, the quest is over: come on down, Nicola Sturgeon, First Minister of Scotland and precarious leader of an imploding and fissiparous SNP administration and party in meltdown.
When two women civil servants made complaints of sexual misconduct against Alex Salmond, former Scottish First Minister, last year, the allegations provoked a buzz of interest in the Holyrood village and in the media; but nobody could have foreseen the seismic consequences of this development. Salmond was out of office (though the allegations related to the time when he was First Minister), so it was widely assumed his status as a private citizen would reduce the impact of the controversy.
Fat chance. Nothing involving Salmond is ever low profile. One does not have to support his disastrous separatist agenda or warm to his rebarbative personality to recognize that Salmond has for two decades been one of the very few big beasts in Scottish politics. Admittedly, as the minimal impact he made in his career at Westminster demonstrated, Salmond’s eminence at Holyrood was that of the one-eyed man in the kingdom of the blind. In the pygmy environment of post-devolution Scottish politics Salmond dominated Holyrood like Gulliver in Lilliput.
He has always been a highly dangerous politician. He had his lapses, some of them ludicrous, such as his “penny for Scotland” tax hike proposal and his denunciation of the “unpardonable folly” of Nato intervention in Kosovo. Yet he always bounced back, seemingly undamaged. Any wise opponent knows that getting into conflict with Salmond means encountering a ruthless scorched-earth policy.
That is how Salmond reacted when the Scottish civil service made him the first subject of its newly minted complaints procedure on sexual harassment. Incredibly – to anyone unfamiliar with the crass incompetence of all levels of governance in Scotland – the woman appointed to investigate the complaints had had prior contact with the two female civil servants who made the allegations, having given them “welfare” counselling in November 2017. The complaints were formally lodged in January 2018. A separate police inquiry is still ongoing.
Salmond took legal action, crowdfunded by his supporters, and sought a judicial review in the Court of Session. The Scottish government initially stated that it would “defend its position vigorously”. That stance crumbled into humiliating surrender last Tuesday as the lawyers for Sturgeon’s government conceded that prior contact had occurred – denounced by Salmond’s legal team as “encouragement” to the complainants.
The court ruled that the Scottish government’s actions had been “unlawful in respect that they were procedurally unfair and that they were tainted with apparent bias”. Salmond then called for the head of the Scottish civil service, Permanent Secretary Leslie Evans, who introduced the new code of investigation which the court found her own staff had breached, to consider her position.
He has also now lodged a complaint with the UK Information Commissioner’s Office over apparent leaks about his case to the media. So far, therefore, Salmond has put the Scottish civil service on the back foot, humiliated Sturgeon’s government in Scotland’s highest court and opened a second front on the data protection issue. Yet all that is the least of it.
His principal victim is Nicola Sturgeon, whose credibility lies in tatters following startling revelations about her behind-the-scenes involvement. Until April last year, in accordance with official procedure, Sturgeon was apparently kept in ignorance of the allegations against Salmond. On 2 April, however, she met Salmond at her Glasgow home, with her chief of staff Liz Lloyd (now also in Salmond’s cross-hairs) in attendance. On that occasion Salmond told Sturgeon about the complaints against him.
Generous-minded people might give Nicola Sturgeon the benefit of the doubt over that first meeting, when she might possibly have been ambushed. But her two subsequent meetings with him in Aberdeen and Glasgow, as well as two telephone conversations, one as late as July, drove a coach and horses through all governmental propriety. The kindest term for this backroom conduct would be a catastrophic error of judgement. But people who make such errors are unfit to govern, so that Sturgeon’s political career is now hanging by a thread.
At this week’s First Minister’s Questions she was harried mercilessly by opponents and clearly no longer in command of her brief. She insisted her meetings with Salmond had not been connected with government matters, but were “party” business. For the Conservatives Jackson Carlaw said: “Her position appears to be a meeting between the First Minister of the government and the former first minister of the government, about a government investigation, involving two government employees was not government business. Really, how?”
The knives are out for Sturgeon on all sides. Alex Neil, a former SNP health secretary, has called for a public inquiry into the government’s “unlawful” handling of the complaints against Salmond. Sturgeon is also under enormous pressure to refer herself to ethics watchdogs under the accusation of having broken the ministerial code.
Kenny MacAskill, the former SNP justice minister who first articulated the doctrine that it is no part of the responsibility of the police to protect the public and who famously released the Lockerbie bomber (Oh, the past triumphs of SNP statecraft!), claimed that a puritanical clique (sic) around Sturgeon was “driving out” people perceived as a threat to her reputation. Er – thanks for injecting that Da Vinci Code flavour into the proceedings, Kenny.
Nicola Sturgeon did make one significant point during FMQs, but it is likely she herself did not recognize its sinister implications. She said there was an inconsistency in her being accused by Mr Salmond of a conspiracy against him while being accused by others of a conspiracy in his favour.
That is perfectly true, but it brings no comfort to Sturgeon. The SNP has sundered into two factions: Sturgeonites and Salmondistas. The underlying reason is the frenzied frustration of the SNP’s ultra-nationalist wing at Sturgeon’s failure to deliver a second independence referendum. The IndyRef2 brigade makes the wildest Home Counties Remainer headbangers look sane and sensible. The ideological magma has been boiling up below the surface and the perceived victimization of Salmond is the perfect proxy cause for a political eruption.
This independence faultline always posed the gravest threat to the SNP, but until now has been managed fairly adroitly by party managers. But the SNP is already a minority government, it has been in power for 12 years and the electoral pendulum is likely to put it out of office at the next election. So, the fundamentalists are in a mood to go for it, persuading themselves that Brexit is an opportunity when, in reality, it is a guarantee against the Scottish electorate taking a further leap in the dark.
The SNP was approaching the end: it has run Scottish Health and Education into the ground. But with Salmond Agonistes pulling down the pillars, the edifice is in imminent threat of collapse. The infighting in the SNP now resembles a saloon brawl in a John Wayne film: hardly anybody knows why they are fighting; the joy is in the conflict.