The camera never lies, yet inquiry & SNP spin campaign clears First Minister Salmond of TV lying over ‘legal advice’ for independent Scotland’s chances of remaining in EU

First Minister Alex Salmond claimed legal advice had been sought during tv interview. PROVING the worthlessness and indeed, damage to reality by party political media campaigns & a so called “independent inquiry” undertaken by persons appointed by those accused and under investigation, Scotland’s struggling First Minister Alex Salmond has yet again been cleard of a complaint lodged under the mysterious “Ministerial Code”, this time Mr Salmond being cleared of claiming on television he had legal advice to the effect that an independent Scotland could remain in the European Union, even though Mr Salmond actually said those very words in a BBC television interview with Andrew Neil.

You decide - First Minister Alex Salmond claimed he had legal advice an independent Scotland will remain in the EU

The full report on the ‘investigation’ into Mr Salmond can be viewed online HERE The Scottish Government’s version of the timeline of the events is available HERE

Predictably, the Scottish Government’s media machine has issued a long tirade (reprinted below) with quotes from the First Minister, congratulating himself upon his apparent exoneration from misinforming & misleading the public on the EU legal advice claims.

It is rumoured the entire PR driven incident along with the enquiry has cost the taxpayer around £50,000 to come up with an intense media campaign, supportive political appearances, snide media comments & speeches, supportive online media forum comments and a report to clear Mr Salmond of a a habit which the First Minister and the SNP will be remembered for in 2012, the year Scots finally found out the Nationalists are like all other political parties, and no different from the ones they castigate.

Political observers will also recall 2012 for being the year in which Mr Salmond was accused of being an “instinctive liar” by Scottish Labour, the party who along with the Scottish Conservatives & Liberal Democrats have made instinctive lying in public life a national sport, now joined in earnest by the SNP.

A political insider commented on the fiasco : “Clearly the European Union can do without another nationalistic leader who's Government clears him of lying on television, even when the camera suggests he did exactly that”

Scottish Govt Press Release : FM cleared by ministerial code report

The First Minister acted fully in accordance with the Scottish Ministerial Code in relation to the debate on the existence or content of legal advice on an independent Scotland’s continued membership of the European Union, an independent report has concluded.

The First Minister appointed Sir David Bell KCB – an independent adviser to the Scottish Government on the Ministerial Code – to conduct the investigation following a complaint by Catherine Stihler MEP.

The report, which has been published today, says: “I have not found you, or the Scottish Government, to have breached the Ministerial Code in respect of any complaints made by Ms Stihler. I have though recommended that the Scottish Government considers revising those parts of the code relating to legal advice.”

Sir David examined five separate grounds of complaint from Ms Stihler – and in each case he found that the First Minister and the Scottish Government had acted fully in accordance with the Ministerial Code.

The report also concludes that “the Edinburgh Agreement was the appropriate moment to seek specific legal advice from the Law Officers … it was only when the details of the referendum process became clear that you were in a position to seek such advice.”

Sir David also recommends that the Scottish Government considers whether the part of the Ministerial Code relating to legal advice could be redrafted in a clearer and more accessible form – a recommendation which the Government accepts.

First Minister Alex Salmond said: “I would like to thank Sir David for his very thorough and detailed report, the findings of which clearly demonstrate that there was no breach of the Ministerial Code on this matter.”

“I welcome the report which demonstrates that I and the rest of the Scottish Government acted entirely in accordance with the Scottish Ministerial Code. I also welcome his conclusion that the signing of the Edinburgh Agreement was the appropriate moment at which to seek specific legal advice on an independent Scotland’s continued membership of the European Union.”

“Sir David also recommends that the Scottish Government considers whether the section of its Ministerial Code relating to legal advice provided to Ministers should be redrafted to make it clearer. That is a recommendation I am happy to accept, and work will now be taken forward by Government officials with that aim in mind.

“This has been the sixth complaint to be referred to the independent panel of advisers I introduced in 2008 to rule on these matters.  I am delighted that each complaint has been dismissed and the advisers concluded my ministers and I have acted entirely properly at all times.”

MSP John Park resigns seat to take up trade union role, insiders question SNP dirty tricks against politician who helped victim of AIB sequestration scandal

John Park MSP resigns to take up trade union role. AN MSP who helped a victim of a sequestration scandal involving agents acting for Scotland’s Accountant in Bankruptcy has surprised many by announcing his sudden resignation from the Scottish Parliament to take up a trade union role. MSP John Park, who represented Mid Scotland & Fife for Scottish Labour, and was the party’s Chief Whip, has resigned his seat effective 7th December and will be replaced by Jayne Baxter, who currently represents the Cowdenbeath ward on Fife Council.

Mr Park, who has formally notified the Presiding Officer, will work for the Community trade union as policy and strategy director.

Mr Park issued a statement, saying : “Representing the people of Mid Scotland and Fife has been an enormous privilege and I am really grateful to have had that opportunity. I want to thank everyone who voted for me and Labour Party members for the support they have given me. “This is a decision that I have not made lightly and I now have the opportunity to represent thousands of workers across the UK.

“I've tried to use my time in politics to make sure the issues important to working people – jobs, apprenticeships and a living wage – are centre stage. Now, as workers are under attack like never before, I am returning to my union roots to fight at the coal face.

“I wish Johann - who has been a good friend to me and all my friends in the Labour group - the very best for the referendum and upcoming elections. I am a strong Labour supporter who loves my country, so will be campaigning shoulder to shoulder with them in the months and years ahead.

“I would also like to thank Holyrood officials and my own staff who are undoubtedly the most dedicated group of people I have ever met. Their support and assistance has been invaluable.

The surprise resignation comes a little less than three weeks after Scottish Law Reporter reported on Mr Park’s continuing assistance to a Perth man caught up in a bitter sequestration battle which mushroomed into a scandal revealing huge multi million pound contracts awarded by the SNP Scottish Government to Scottish accountancy firms who act as ‘agents’ for the Accountant in Bankruptcy.

Mr Park had given significant help to his constiuent, Mr William Gordon of Perth, who had been the target of a sequestration ordered by Perth law firm Kippen Campbell in a dispute over fees, even though the law firm had left him standing on the steps of the Court of Session without legal representation in a medical damages claim.

Scottish Law Reporter further reported that Mr Park had been asked to query the contracts in the Scottish Parliament, and call for their cancellation after it transpired some of the firms, including Wylie & Bisset, the firm involved in the sequestration of Mr Gordon, were unlawfully freezing state benefits payments to victims of long term disabilities & illnesses.

However, when it became clear Mr Park was being asked to look into the issue, media agents for the Scottish National Party began distributing Press Releases calling for explanations from Mr Park over a 2009 incident in which the SNP had alleged Mr Park had paid a sum of money into a printing firm started by a Labour researcher.

Political insiders have tonight said the SNP wanted to force out Mr Park, and pointed to the recent “dredging up” of the years old accusations relating to the printing business as a factor in Mr Park’s sudden resignation. A former SNP spin doctor pointed to reports on a website Newsnet Scotland from 2001 and October 2012, the former of which was picked up by “The Courier” newspaper in February 2011 and reported HERE.

An insider said “Calls for scrutiny of the SNP’s hand-out of millions to law firms & accountants seems to be behind the SNP’s recent dredging up of the printing firm case so you can be sure there is a lot to hide over Mr Salmond’s handing of eight million pounds of taxpayers money to six firms of accountants.”

However, questions are now surfacing about links between accounting firms who have been handed millions of pounds of public money by the Scottish Government and SNP MSPs as well as others working for the party.

Speaking about the AIB contract fiasco, a Holyrood insider described the “questionable deals” with the agents as being “unnecessary”.

He also questioned why the Accountant in Bankruptcy requires to hire out so many private accountants while having a staff approaching 100 at it’s plush office in Kilwinning, North Ayrshire.

SNP oust Tories at banking-losses-to-bullying, fraud-&-sex-abuse scandal tainted Scottish Borders Council

SNP coup at Scottish Borders Council ends years of Tory dominance over the Borders. MAJOR CHALLENGES lie ahead for the new administration of Scottish Borders Council, announced today with the surprise twist of the Scottish National Party (SNP) finally ousting the majority group of Conservative Councillors who have run Scottish Borders Council for almost an eternity along with the Liberal Democrats & independents.

While many of the portfolios will change to reflect the incoming SNP Councillors, David Parker, who has led the Council for the past nine years will remain as its leader. Mr Parker, currently an ‘independent’ councillor was once part of the SNP group before jumping ship in 2003 to grab control of the independent/Libdem/Tory run Council as it’s leader, replacing LibDem John Scott who replaced the ousted Drew Tulley.

Parker was once reported to have been considering stepping down from local politics in a BBC report dated 2006 Leader considers leaving his post in which he was quoted as saying : "Being leader of this council is a terrific job and one I love dearly. But sometimes, as those who want nothing to change in the Borders must realise, you are not always master of your own destiny."

Mr Parker gave up the SNP whip to become an Independent when he was appointed deputy leader of SBC in 2002 in a coalition with the Lib Dems (and you can imagine the kind of criticism that came from the SNP’s local msp, Christine Grahame when he did that ! – Ed).

Since 2002, a multitude of scandals have hit Scottish Borders Council, from poor financial management to massive multi million pound losses in bankrupt Icelandic Banks, allegations of bullying, massive debts reported to be in the hundreds of millions of pounds, individuals councillors charged with criminal offences while other councillors pursued personal vendettas against members of the public, and more recently, scandals involving the sacking of it’s very own Chief Executive, David Hume, all of which can be found HERE

Scottish Borders Council hit the headlines with revelations of huge salaries, expenses & more, here : Reasons your Scottish Borders Council tax is so high : 15 Councillors soak up £1/2 million, Officials & Chief Exec on £100K plus & golden pensions & MONEY TO BURN : Millions lost in Icelandic banks yet 34 Scottish Borders Councillors soak up another million in salaries & expenses claims

More on the Icelandic Bank-SBC scandal can be read here : “Akin to Money Laundering” : Tory-LibDem Scottish Borders Council ‘played Russian Roulette’ with taxpayers £172 million in bankrupt Icelandic Banks

Scottish Law Reporter also reported on the calls for a full investigation of Scottish Borders Council during November 2010 where it was revealed by the former Scotsman journalist Mr Chisholm who carried out his own investigation of SBC’s Icelandic finance deals, that Audit Scotland had been asked to investigate claims Scottish Borders Council acted negligently & recklessly in investing a staggering £10 million pounds of taxpayers money in the now collapsed Icelandic banks. The Council, which is now cutting posts & public services across the Borders is expected to lose more than £3 million pounds on its investment and that the final payment (if indeed any payments are made) of its expected return is not due until October, 2018.

Scottish Borders Council issued the following Press Release :

New Administration announced

Scottish Borders Council will be run by an Independent, Scottish National Party (SNP) and Liberal Democrat Administration following the recent election.

Councillor David Parker, Independent, who has led the council for the past nine years, will be the choice of the new Administration for Council Leader and Councillor Graham Garvie, Liberal Democrat, will be the Council's new Convener.

Councillor John Mitchell of the SNP group will be Deputy Council Leader with responsibility for Finance.

The announcement of the new Administration was confirmed today and the Administration will publish a programme of government for the Scottish Borders next week.

Speaking on behalf of the Independent members, Michael Cook said: "We are pleased once again to be part of the Administration of Scottish Borders Council and it is a mark of our success that David Parker is to lead the Council for an historic third term. I am also pleased that Nicholas Watson and Sandy Aitchison have agreed to become Independents and that nine Independents will now contribute to the work of the new Administration."

Speaking on behalf of the Scottish National Party Group, Group Leader John Mitchell said: "We are pleased to be part of the new Administration that will run Scottish Borders Council for the next five years. The SNP Group is committed to working hard with our Administration partners for the good of the Scottish Borders. We look forward to the implementation of SNP policies including widening the democratic accountability of Scottish Borders Council."

Speaking for the Liberal Democrats, Deputy Group Leader Catriona Bhatia said: "Liberal Democrats made a significant contribution to the last council and will do so again as part of the new Administration. What is important to us is ensuring that our policy programme is at the heart of the new Administration's thinking."

Councillor Sandy Aitchison, speaking about the Borders Railway said: "Nicholas and I remain sceptical about the railway but recognise that the project is being delivered by the Scottish Government and is beyond the influence of the council. We want to play an important part in the governance of the Scottish Borders over the next five years and will be pleased to work as part of the Independent group within the new Administration. Indeed, we are delighted that the Administration has agreed a review of the Borders involvement in the city region."

The new Council Administration will take office on Thursday 17 May with the appointment of the Convener, Vice Convener, Leader and Deputy Leader. Further appointments will be made at a Council meeting on Thursday 24 May.

Crown Office investigates Holyrood Justice Boss Christine Grahame over election expenses, while allegations of sectarian remarks remain unanswered

Justice Committee Convener Christine Grahame is being investigated by Police over election expenses claims CHRISTINE GRAHAME, the Convener of the Scottish Parliament’s Justice Committee is being investigated by the Serious and Organised Crime Division of the Crown Office over allegations made by a former member of Ms Graham’s staff, Mr Mark Hirst, who claims (and has allegedly provided video footage to back up his allegations) that Ms Grahame (67), misused ‘thousands of pounds of Parliamentary funds’ in her subsequently successful election campaign to win the Midlothian South, Tweeddale and Lauderdale seat in the Scottish elections during May 2011.

However, while the Crown Office have confirmed they have received information from the Electoral Commission in relation to a 67-year-old woman and that the information remains under consideration, there is no mention of whether the Lord Advocate is also considering or investigation allegations made by the former member of Ms Grahame’s staff of sectarian remarks allegedly made against Catholic MSPs in the Scottish Parliament.

If the Crown Office do proceed to investigate Ms Grahame over the claims of sectarian abuse against opposition politicians, it may be Ms Grahame may be one of the first to be investigated under the new anti-sectarian legislation backed by the SNP contingent on the Scottish Parliament’s Justice Committee, chaired by Grahame herself.

The allegations of sectarian remarks have raised serious concerns of Ms Grahame’s conduct after the Justice Committee’s SNP members forced through the controversial Offensive Behaviour at Football and Threatening Communications (Scotland) Bill after messy debates in the Scottish Parliament which features in earlier coverage by Scottish Law Reporter HERE

Scottish Law Reporter recently featured an article HERE on the allegations of ‘anti-catholic’ remarks by Ms Grahame, which were published by Mr Hirst. The accusations, which identify alleged comments made by Ms Graham against now former LibDem msp Mike Rumbles, were published on Mr Hirst’s online blog HOLYROOD CONFESSIONS and remained online for several weeks.

In an article titled “SCOTLANDS SHAME” posted on Mr Hirst’s blog earlier in November, the former employee accuses Christine Grahame of making the remarks during discussions on Margo MacDonald’s End of Life Choices Bill, which Ms Grahame was said to have initially opposed, then changed her mind & supported after the Catholic Church came out strongly against the proposed legislation. As msps including Mr Rumbles on Holyrood’s Health Committee which Grahame chaired at the time raised questions of her position as its Convener & supporter of the proposals, Mr Hirst’s blog, now widely quoted online alleges Grahame’s anger spilled over in the office and into a long diatribe aimed at Rumbles, where she is alleged to have said in reference to Mr Rumbles : “It’s because he’s a f*cking Catholic”.

Mr Hirst also alleged other msps who also happen to be Catholics are reported to have faced more name calling from Grahame, including Tricia Marwick, who defeated Christine Grahame in the contest to be the new Presiding Officer of the Scottish Parliament.

Today the blog has had all its postings removed and can only be viewed via the Google Cache HERE, however a full copy of the content has been obtained by Scottish Law Reporter.

A spokesperson for the Crown Office confirmed to one of Scottish Law Reporter’s journalists earlier today : "The Serious and Organised Crime Division of the Crown Office has received information from the Electoral Commission in relation to a 67-year-old woman. The information remains under consideration."

Today, the Celtic Trust website reported on the story, stating :

Grahame who has the task of seeing the Offensive Behaviour at Football Bill through Parliament in the teeth of a totally united opposition from all opposition parties (as well as the Churches, the Football Clubs and legal and academic experts), was accused recently of having anti-Catholic views (see Hirst Allegations) She has, so far, failed to deny these accusations or to take legal action against her accuser. The Justice Secretary has stated that she has ‘robustly defended’ herself but he himself has not provided any details of where and how she has defended herself. Celtic Trust members have asked their MSPs to ask Kenny MacAskill for more details of this robust defence and we will make them public if and when we receive them.

These latest revelations which suggest that the police are taking seriously the allegations of a ‘disgruntled employee’ cast further doubts on the credibility of Christine Grahame and, by inference, on this thoroughly detested and unwanted piece of proposed legislation.

The Scottish Government must take a step back from the precipice at least until Ms Grahame has answered these charges to the satisfaction of the police and the Crown Office. To proceed to force this Bill through against all reason and logic and in the light of these allegations which further taint the whole process of the passage of this Bill might be the most costly piece of bravado which this Government have ever engaged in.

The report from the Daily Mail newspaper :

MSP in probe over her election expenses

Daily Mail, Saturday 26 November 2011 By Andrew Picken, Scottish Political Correspondent

A SENIOR Nationalist MSP is under investigation over allegations she used publicly funded workers and equipment on her election campaign. Christine Grahame, convener of the Justice Committee, is being investigated by the Serious and Organised Crime Division of the Crown Office over the claims. It has been alleged that she ordered three of her parliamen­tary staff to work on the SNP cam­paign ahead of May's election.

The veteran MSP is also facing allegations she used parliament computers, stationery, stamps and travel expenses worth thou­sands of pounds in her successful bid to win the Midlothian South, Tweeddale and Lauderdale seat.

The investigation was sparked by a former researcher who was sacked by Miss Grahame. Mark Hirst, who worked for the MSP for seven years before being axed in September, complained to the Electoral Commission about the alleged malpractice. Officials at the elections watch-dog last week passed the complaint to the Crown Office. It is understood the country's prosecution service has now asked the police to interview Mr Hirst about the claims. Secretly recorded video footage and emails, handed to the Crown Office but seen by the Scottish Daily Mail, allegedly show Miss Grahame directing parliament staff to carry out campaign work.

Speaking yesterday, Mr Hirst said: “She said at the declaration that winning this seat was like winning gold at the Olympics; well the evidence I have shows this was the political equivalent of doing that with performance enhancing drugs. 'It was unfair on the other candidates, she cheated - that is the bottom line. “We were all instructed to carry out work for the SNP using par­liamentary resources. It might be more widespread I don't know but I know it is wrong. She was taking no chances, she was prepared to do anything to win.”

He continued: “I worked full-time for her and this was not just going on in the short campaign before the election, we are talk­ing back to January. I was instructed to make the 200-mile trip from my home in Dundee to go to the Borders and help with the canvassing and keying in with the SNP database because they could not get the activists to do that. I know the two other staff were doing the same - it was overt political work. And we are not talking about a couple of stamps here and there, it was hundreds of stamps as well as use of thousands of pounds worth of IT equipment.”

A Grown Office spokesman said: “The Serious and Organised Crime Division of the Crown Office has received information from the Electoral Commission in relation to a 67-year-old woman. The information remains under consideration.”

Mr Hirst was suspended on full pay on May 16 when two of Miss Grahame's constituency workers claimed that he was secretly spy­ing on her. He was dismissed for gross misconduct on September 13 but is taking the matter to an employment tribunal.

A spokesman for Miss Grahame said: “This is yet another com­plaint from a former employee who admits himself that he is dis­gruntled. The Electoral Commis­sion has said that it does not intend to take any further action in relation to his complaint. "Miss Grahame has provided all organisations with all the infor­mation they have required and will continue to do so.”

‘Alleged’ Air Rage incident ex Lord Advocate Lord Fraser of Carmyllie exonerates Alex Salmond over Brian Souter honour nomination complaint

Lord Fraser of Carmyllie, the former Conservative Scottish Lord Advocate who was arrested at Dundee Airport in 2006 for a breach of Article 78 of the Air Navigation Order 2005, which related to "acting in a disruptive manner" and was personally appointed by the First Minister Alex Salmond to investigate complaints against Scottish Ministers along with former Lord Advocate now Dame Elish Angiolini DBE QC, has expectedly cleared First Minister Alex Salmond of any ‘involvement' in the nomination of Brian Souter for a knighthood. Lord Fraser’s report claims the allegations made against Scottish Ministers by Jim Sheridan MP were wrong and ‘ill-founded’

Lord Fraser’s report containing his findings & correspondence with the Cabinet Office & Jim Sheridan MP. The report can also be downloaded it from the Scottish Government’s website HERE (pdf)

The report states : Mr Jim Sheridan MP for Paisley and Renfrewshire North complained to the First Minister concerning the award of an Honour to Brian Souter. As I understood it, his complaint was that directly or indirectly Alex Salmond had intervened to secure a knighthood for Brian Souter not on the basis that he had been a distinguished entrepreneur in Scotland but he had made a substantial contribution to the SNP. Mr Sheridan seized upon the apparent inconsistency that the recommendation of a knighthood came from the Scottish Government whilst Alex Salmond and' ministerial colleagues denied any involvement. That complaint was simple enough but after I wrote to Mr Sheridan I received this reply, which to avoid any ambiguity, I set out in full:

To Alex Salmond I wrote that, as I have done in past inquiries, I would leave "no stone unturned". To his credit he replied that was exactly what he had anticipated. As part of that investigation I wrote to the Cabinet Office who responded "In confidence". I take no exception to that qualification but quote the salient section from [Redacted in the report, was from Cabinet Office] reply: "In this particular instance, I have not been able to fmd any evidence that Mr Salmond approached my office either directly or indirectly with regard to an honour for Sir Brian Souter. There is certainly no written communication from him on our files."

In my time, and as I understand it, as was the practice of the subsequent Labour administration, ministers offered comment to the Committee headed by the Permanent Secretary but never sought to direct it other than in the notorious but unproven allegation that the late Donald Dewar sought to veto any award of an honour to Sean Connery on the basis that he supported the SNP. Whilst aware of that as anyone involved in politics in Scotland would be, it is beyond my remit to determine the truth or falsity of that widespread allegation.

What is clear to me and within my remit is that:

I) On taking up office as First Minister Alex Salmond required that neither he nor any of his ministerial colleagues should have any involvement in the grant of a UK Honour beyond a possible letter of congratulations once an honour had been offered and accepted.

2) That stern stance was never modified and Alex Salmond did not seek as First Minister nor as leader of the SNP to bypass the Scottish Government by going directly or indirectly to the Honours Unit.

Given those facts checked out with the Pennanent Secretary and the Honours Unit there appears to me to have been no breach of the Ministerial Code by Alex Salmond as First Minister and he should be wholly exonerated of any breach.

Mr Sheridan is a respected MP and not a careless populist. He was entitled to assume that when it was asserted that a nomination came from the Scottish government that Scottish Ministers either approved the nomination or at least had some involvement in its submission. In fact he was wrong in that assumption. Scottish ministers, most particularly Alex Salmond, had no involvement.

I have some sympathy with Mr Sheridan in that ministers might have been expected to have had a measure of involvement in the process without directing it. Sir Peter Housden has an unenviable task but I conclude he undertakes that, as he should, without fear or favour. That is, however, beyond my remit as would be the comment that Brian Souter as one of Scotland's leading entrepreneurs is very worthy of any honour.

I would only suggest that to avoid any repetition of this ill-founded complaint that the First Minister take the opportunity before the Scottish Parliament to set out his position and that of his colleagues on Honours. He may feel that his stance is already sufficiently clear although this complaint would demonstrate that it is not unequivocally so.

The Scottish Government issued the following Press Release : FM 'wholly exonerated' in honours claim

Scottish ministers had no involvement in the nomination of Brian Souter for a knighthood and the First Minister should be 'wholly exonerated' of any breach of the Ministerial Code, an independent report into complaints made by Jim Sheridan MP has concluded. Lord Fraser of Carmyllie - an independent adviser to the Scottish Government on the Ministerial Code - has found that allegations Scottish ministers had directed the nomination of Mr Souter were wrong and 'ill-founded'. Lord Fraser concluded that the Scottish Government had not deviated from the FM's policy announcement, made when he took office in 2007, that the FM and all other Scottish Government ministers have chosen to have no role in any part of the Honours process.

Lord Fraser's report says: "Given those facts checked out with the Permanent Secretary and the Honours Unit there appears to me to have been no breach of the Ministerial Code by Alex Salmond as First Minister and he should be wholly exonerated of any breach."

Lord Fraser said that, while Mr Sheridan had been entitled to assume a Scottish Government nomination had been approved by ministers, that assumption was wrong. "Scottish ministers, most particularly Alex Salmond, had no involvement," the report adds. This is the fourth complaint referred to the independent panel of advisers on the Ministerial Code since the system was introduced in June 2008. In each case, the complaint against the FM has been dismissed.

Alex Salmond cleared of any involvement in Souter honour. Mr Salmond today welcomed Lord Fraser's report: "I would like to thank Lord Fraser for his thorough examination of this issue and I welcome the findings that have entirely exonerated Scottish Government ministers. I trust that Mr Sheridan will also welcome this conclusion. This is the fourth complaint to be referred to the independent panel of advisers I set up in 2008 to rule on matters relating to the Ministerial Code, and I am pleased that, in each case, the complaint has been dismissed.” Mr Salmond continued : "Lord Fraser indicated that I should restate the Scottish Government's position on awarding Honours and I am happy to do so, in the form of a parliamentary answer. I am grateful to Lord Fraser of Carmyllie and the other adviser on the panel - Dame Elish Angiolini - for their commitment and diligence in carrying out this important role."

Read Lord Fraser's report online HERE or download it from the Scottish Government’s website HERE (pdf)

The report will also be placed the Scottish Parliament Information Centre (SPICe). The Scottish Government established a system of independent advisers in 2008 to enable the First Minister to refer complaints made under the Ministerial Code. In August of this year, Lord Fraser and former Lord Advocate, Dame Elish Angiolini, were appointed as the latest advisers to take up the role, covered by Scottish Law Reporter HERE

Dame Elish Angiolini is not listed in Lord Fraser’s report to have played a part in the investigation into the Souter honour affair.

Profile : Former Lord Advocate Elish Angiolini :

Former Lord Advocate Elish Angiolini, now independent adviser to First Minister Alex Salmond is caught up in Scotland’s longest running most expensive Breach of the Peace charge against anti-abuse campaigner Robert Green. The RECORD TWO YEAR CASE against anti-abuse campaigner Robert Green, revolving around a public campaign for justice for Hollie Greig, a downs syndrome victim who is alleged to have been abused by an Aberdeen based paedophile gang, is about to hit it’s THIRD YEAR under Sheriff Principal Bowen and a collection of Crown Office prosecutors, is reported to have already cost taxpayers over HALF A MILLION POUNDS and with a witness list of 61 individuals, is set to hit £1 MILLION in 2012. Reporting on the background of the case, Robert Green was arrested by Police on 12th February 2010 in relation to a breach of the peace alleged to have been committed in Aberdeen when Mr Green attempted to hand out leaflets regarding the anti-abuse campaign. It was also revealed the then Lord Advocate, now Dame Elish Angiolini had employed private law firm Levy McRae to serve interdicts on Mr Green in connection with his campaign to ‘out’ alleged abusers of downs syndrome victim Hollie Greig. Glasogw law firm Levy McRae who later represented shamed former Glasgow City Council Boss & Cocaine addict Steven Purcell, proceeded to threaten several media outlets & journalists over their reporting of the case, covered by Scottish Law Reporter HERE & HERE. The Purcell scandal caused some newspapers to ‘evaluate’ their relationship with Levy McRae, details of which were featured in a report here : HERE

Profile : Lord Fraser of Carmyllie :

Lord Fraser led the inquiry in to the building of the Scottish Parliament, which saw no one held to account for the massive overspend to £500 MILLION on the hapless Holyrood building now in a constant state of disrepair and leaking more water than the Firth of Forth during rainstorms. Earlier in June after an Al Jazera documentary exposed major flaws some may say amount to corruption within the investigation into the bombing of Pan Am Flight 103 over Lockerbie, Scotland in December 1988, Lord Fraser was featured in the documentary telling a film crew he accepted a key witness in the Pan Am 103 trial had been bribed by Scottish Police, yet nothing has been done about it. Lord Fraser also went onto attack the father of one of the victims of the Lockerbie bombing, Dr Jim Swire, accusing him of suffering from ‘Stockholm Syndrome’ with regard to Dr Swire’s campaign to find out the truth behind the Lockerbie bombing.

With regard to the in-flight incident, the Daily Record newspaper reported the arrest of Lord Fraser of Carmyle, saying : A LORD who was Scotland's top lawman has been arrested over an alleged air rage incident. Lord Fraser of Carmyllie was escorted off a flight by police at Dundee Airport. The Tory peer was Lord Advocate from 1989 to 1992.

Witnesses claimed he smelled of drink and argued with a female steward on Tuesday night's delayed ScotAirways flight from London City Airport. A passenger said: "When he got on the later one, he had been hanging around for quite a few hours. He berated a female member of the cabin crew about the delay. He was smelling strongly of drink and requested more drink but was refused. When that happened he became disruptive again and the female crew member became alarmed as did some of the other passengers."

Last night, Tayside Police confirmed that a 61-year-old man had been charged and a report sent to the procurator fiscal. It is believed to be the first time that a former Lord Advocate has been charged with a criminal offence.

Lord Fraser, born Peter Fraser, was among passengers whose ScotAirways flight was delayed for more than three hours. Fog in London led to it being cancelled and travellers were put on to a later flight. The plane's pilot called ahead for police assistance after a stewardess complained Fraser was being disruptive. Officers were waiting for the flight when it touched down in Dundee at around 9.20pm. Fraser - a former Tory minister - was asked to stay in his seat until other passengers had cleared arrivals. He was arrested and taken to police HQ at Bell Street. The QC was not held overnight. Police refused to give details of the charges against the politician, who was MP for Angus South then Angus East. He was appointed Solicitor General, the No2 job in the prosecution service, under the Thatcher government in 1982.

The case was later dropped when the Crown Office said there was “insufficient evidence” to proceed, a now familiar claim from the Crown Office on just about every controversial case it receives.

Quangocrats : Ex-Law Society President McAllister & Ex-Civil Service Chief Muir Russell reappointed to Judicial Appointments Board on £290 a day

The merry go round of quango appointments is certainly alive & kicking under the SNP minority Scottish Government with the announcement today of the reappointment for a further three years of lucrative taxpayer funded jobs with expenses & jollies attached for a former Law Society President, Martin McAllister and the former Permanent Secretary for the Scottish Government (Chief of the civil service in Scotland), Sir Muir Russell to the Judicial Appointments Board.

For those of you having to face the massive public service cuts, reduced pensions, higher taxes or even unemployment, spare a thought for Mr McAllister & Sir Muir Russell who will both be on the nice little earner of £290 per day a for a time commitment of 20 to 30 days per year.(Yes, we are all in this together ! – Ed)

Sir Muir Russell chaired an inquiry into into allegations that leading academics at the University of East Anglia manipulated data on global warming. The ‘results’ of that ‘inquiry’ can be found HERE. (Guess what, the University did no wrong ! - Ed)

While Sir Muir Russell holds no other public appointments currently, Mr McAllister is also a part-time Convenor of the Mental Health Tribunal for Scotland with a remuneration of £430 per day.

Mr McAllister is however, more remembered for being caught in the scandal over former Law Society Chief Executive Douglas Mill’s secret claims fixing memos, as covered by one of our own reporters, Peter Cherbi, HERE

The announcement from the Scottish Government :

Judicial Appointments Board for Scotland

22/03/2011

The Cabinet Secretary for Justice today announced the reappointments of Sir Muir Russell as the Chairing Member, and Mr Martin McAllister as a member to the Judicial Appointments Board for Scotland.

Sir Muir Russell was first appointed as Chairing Member of the Judicial Appointments Board for Scotland on October 1, 2008 for a three year period. His background is as a civil servant and he held a number of posts before being appointed Permanent Secretary at the Scottish Office in 1998. He was Principal of the University of Glasgow from 2003 until his retiral in 2009. He is a Vice Chair of Governors of the Glasgow School of Art, the Chairman of the Dunedin Concert Trust, a Member of the Board of the Moredun Research Institute, the Chairman of the Council of the Hannah Research Institute and a Fellow of the Royal Society of Edinburgh.

This reappointment will run for a further three years from October 1, 2011 to September 30, 2014.

He is an experienced chair who demonstrates particular strengths in building relationships both internally and with external partners.

This post is part-time and attracts a remuneration of £17,500 per annum for a time commitment of 20 to 30 days per year.

He has no other public appointments.

Mr McAllister was first appointed as a legal member on September 1, 2008 for a three year period. He is a partner with Taylor and Henderson Solicitors. He is a former President of the Law Society of Scotland and has convened several of its Committees including Legal Aid, Professional Practice and Professional Conduct. Mr McAllister is currently a part-time tutor at the University of Strathclyde and a part-time Convenor of the Mental Health Tribunal for Scotland.

As a practicing Solicitor and former President of the Law Society he brings valuable experience of the largest element of the legal profession in Scotland.

This reappointment will run for a further three years from September 1, 2011 to August 31, 2014.

This post is part-time and attracts a remuneration of £290 per day a for a time commitment of 20 to 30 days per year.

Mr McAllister is also a part-time Convenor of the Mental Health Tribunal for Scotland with a remuneration of £430 per day.

The Judicial Appointments Board for Scotland was established by Ministers in 2002, and it became an independent advisory non-departmental public body on June 1, 2009. The Board has statutory responsibilities under the Judiciary and Courts (Scotland) act 2008. The Board's role is to make recommendations to Ministers for appointment to the office of judge, sheriff principal, sheriff, and part-time sheriff as well as other judicial offices set out in the Act.

These Ministerial public appointments were made in accordance with the Commissioner for Public Appointments in Scotland's Code of Practice.

All appointments are made on merit and political activity plays no part in the selection process. However, in accordance with the original Nolan recommendations, there is a requirement for appointees' political activity within the last five years (if there is any to be declared) to be made public. There is no political activity to be declared.

Justice in Scotland under Kenny MacAskill & the SNP : Jail your Granny, let the thugs go free

Justice Secretary Kenny MacAskill refused to intervene after his policies jailed Grandmother while allowing thug to go free. THE new sentencing guidelines launched by the Scottish National Party’s minority Scottish Government, which allow Sheriffs to issue “community payback orders” instead of sending convicted persons to jail, is so effective at combating crime & saving a few pennies on prison places, it was used to send an EIGHTY ONE YEAR OLD campaigning grandmother to jail, while career criminals walk free under Justice Secretary Kenny MacAskill’s ‘watchful gaze’ (or should that be faze ? – Ed)

Report from the Sunday Mail follows :

Outrage grows over decision to jail 81-year-old gran after thug escapes prison sentence

Feb 6 2011 Stephen Stewart, Sunday Mail

FURY at the decision to jail a campaigning gran was mounting yesterday after a violent thug dodged prison under new government guidelines.

Career criminal Laurence Winters - who has 160 previous convictions for offences including numerous assaults and thefts - walked free from court after a sheriff imposed Scotland's first community payback order.

On Friday, Winters, 39, of Perth, was facing sentence for his latest crime - shouting and swearing at police. Sheriff William Summers told him: "You have just about the longest record I have ever seen."

But under a new scheme launched by the SNP government, sheriffs have been told to impose community payback orders as an alternative to jail terms of less than three months. So instead of going to jail, Winters will work on community projects such as renovation and removing graffiti.

Meanwhile, frail 81-year-old Georgina Smith is still in Cornton Vale prison, serving a 45-day sentence for failing to pay a £1500 fine.

And justice secretary Kenny MacAskill has said he will not intervene over Sheriff Douglas Small's decision to jail her.

Politicians condemned the sentence yesterday after Georgina's neighbours held a candlelit vigil at her house in the village of Kilchoan on the Ardnamurchan peninsula.

Labour's justice spokesman Richard Baker said: "The situation where someone convicted of a string of offences escapes prison but an 81-year-old grandmother who hasn't paid a fine ends up with a jail sentence highlights the shambles of the justice system under the SNP.

"People are becoming more and more dismayed at a soft - touch approach to those who deserve a prison sentence while a granny is jailed for not paying her fine."

His Tory counterpart, John Lamont, added: "People who don't pay their fines should have money deducted from their income. "Prison should be for serious and repeat offenders who make the lives of others a misery.

"The public will wonder what on earth is going when those who shouldn't be in prison end up there - and those who should be in prison walk free."

Georgina was jailed at Fort William Sheriff Court on January 26 after she was found guilty of defacing an Edinburgh court on Armistice Day 2006.

She daubed slogans including "No Star Wars" and "No Cluster Bombs" on the building, causing £3000 worth of damage.

Sheriff Small said: "You have been given every opportunity to pay compensation but you refuse to do so for political reasons."

Georgina's own MP, Charles Kennedy, said: "Short prison sentences are almost always an expensive way of achieving very little. They should be used as an option of last resort, if at all.

"We need effective, enforceable community sentences that allow some good to come from offences that pose no threat to the public."

MSP Sandra White, who sits on the cross - party group for the elderly said: "The sheriff who sent Georgina to jail should pay the fine he imposed and take her out for a meal to apologise.

"It's a shocking situation for a woman of that age to be sent to jail for making a legitimate protest. Ok, she's put graffiti on a building - but when did anyone last see a graffiti artist being sent to jail?”

“Drug dealers and violent criminals who wreak havoc on our communities are allowed to walk free from court without more than a slap on the wrist.

"Where is the comon sense in jailing an 81-year-old woman?"

Georgina's daughter Lucy said: "What on earth is she doing in prison? This is a nonsense."

A Scottish government spokesman said: "Sentencing in individual cases must always be up to sheriffs and judges and it is fundamental to the independence of the judiciary that ministers do not interfere in those decisions."

Salmond’s SNP is now ‘Secrets’ National Party as Scottish Government bow to vested interests over widening of Freedom of Information laws

In what may come as little of a surprise to anyone, the current SNP minority Scottish Government have stalled on expanding the reach of Freedom of Information legislation, apparently after business interests lobbied to prevent any further reforms to FOI in Scotland.

The Sunday Herald reports :

SNP U-turn protects big business from scrutiny

EXCLUSIVE: Rob Edwards
30 Jan 2011

The Scottish Government has been slapped down by the Information Commissioner for bowing to pressure from big business and abandoning plans to end the secrecy enjoyed by private contractors working for the state.

Ministers have shelved proposals to extend freedom of information legislation to cover the companies that build and run schools, hospitals, prisons and roads. The move was fiercely opposed by the firms.

Other bodies which will also now escape designation under the Freedom of Information (Scotland) Act are trusts set up by local authorities to run leisure and cultural activities, Glasgow Housing Association and the Association of Chief Police Officers in Scotland.

The U-turn has earned a strong rebuke from the Scottish Information Commissioner, Kevin Dunion.

He said: “I have consistently warned the government that freedom of information rights are under threat given the number of local authority trusts and private contractors used to deliver public services … I am disappointed that successive Scottish administrations have failed to use their powers to protect and extend the public’s right to know.”

Campaigners accused ministers of caving in to vested interests.

Carole Ewart from the Campaign for Freedom of Information in Scotland said: “We are deeply disappointed that the government has reversed its position on extending the Act because of opposition from the private sector bodies themselves.

“It would have been obvious to ministers before making these proposals that the contractors did not want to be covered, and we are amazed that merely because they have said they don’t like the idea the government has shelved it.”

Ewart warned that Scotland was now losing its lead over England on freedom of information. South of the Border, the law is being extended to cover police chiefs, the Local Government Association, the Law Society and other bodies that are not going to be covered in Scotland.

The Confederation of British Industry (CBI) in Scotland lobbied strongly against the extension of freedom of information rights. It has warmly welcomed the government’s change of heart.

CBI Scotland’s assistant director, David Lonsdale, said: “Extending freedom of information obligations to private sector suppliers of public services would have been unnecessary, costly, and at odds with promises to simplify regulation and public procurement, so we are pleased that ministers have listened.”

The Scottish Government accepted that there was “broad support” for increased openness and transparency.

But it said: “Any extension of legislation is not favoured by the majority of those bodies proposed for coverage at the present time.”

The Scottish Government’s rather long winded statement saying FOI would not be expanded to private contractors working for the state, issued earlier in the week, follows :

Freedom of Information (FoI)

Freedom of Information (FoI)

26/01/2011

Minister for Parliamentary Business Bruce Crawford today announced the Scottish Government is committed to bringing forward a Bill clarifying and strengthening the Freedom of Information (Scotland) Act.

After six years of the existing legislation, some necessary improvements have been identified, meaning the time now seems right to review the legislation as a whole.

Mr Crawford said that the Scottish Government intends to bring forward measures to strengthen and improve the Act through a Freedom of Information (Scotland) Amendment Bill in the next Parliamentary session.

The Government also considers that it would be premature to extend the legislation to cover a greater range of bodies delivering public services during this Parliamentary session.

The Freedom of Information (Scotland) Act 2002 encourages the development of a more open culture across the public sector by providing a statutory right of access to information held by some 10,000 Scottish public authorities.

The proposed legislation in the next Parliamentary session will put right two deficiencies in the current FOI laws that have been identified relating to Part 5 (Historical Records) and Section 65 (Offence of altering etc. records with intent to prevent disclosure).

The Scottish Government also intends to review and consult on how best the Act can be improved and strengthened as part of bringing forward this primary legislation.

Ministers consulted last year on whether existing FOI legislation should be widened to cover a greater range of bodies who deliver public services in Scotland. As was made clear at that time, the consultation was necessary as the Scottish Government had not reached firm conclusions on which bodies it might be appropriate to extend coverage to.

As a result of this consultation, Ministers believe it would be premature to extend coverage before the deficiencies in the Act can be put right and the opportunity is taken to strengthen and update the current legislation.

Minister for Parliamentary Business Bruce Crawford said:

"Freedom of Information has brought a welcome culture of openness and transparency to the work of Government and other public bodies since its introduction in Scotland, and we can be proud of the fact that we have set an example for other countries in this respect. However, the existing legislation can be improved, and that is why we intend to bring forward legislation in the next Parliamentary session to improve and strengthen the existing Act.

"At the same time, Scottish Ministers have carefully considered responses to our consultation on the possible extension of FOI, and it is clear that, while there is broad support for the principles of openness and transparency, any extension of legislation is not favoured by the majority of those bodies proposed for coverage at the present time.

"It was also apparent from the replies to the consultation that many of these organisations are already acting within the spirit of the act by making relevant information available, through both voluntary and statutory means. Ministers believe it would be premature to extend coverage before the deficiencies in the Act can be put right and the opportunity is taken to strengthen and update the current legislation.

"In the meantime, alternative methods with the same aim, including revision to the FOISA Code of Practice, assessment of the impact of the proposed Scottish Housing Charter and the further development of the transparency agenda, will continue to be explored.

"The Scottish Government will always encourage all organisations in Scotland to operate with the same principles of openness and transparency as ourselves, as they are fundamental elements of open democratic government and responsive public services."

Part 5 (Historical Records) relates to the 30 year lifespan of a 'historical record'; sets out the exemptions which are subject to this category and identifies the lifespan of certain other exemptions; and gives Scottish Ministers order making powers to amend these timescales.

By Order under Section 59 Scottish Ministers can change the 30 year lifespan to 15 years (or, whichever lifespan they so choose to define). This amendment however, would change all exemptions in Section 58(1). In order to be able to move these timescales independently, primary legislation will be required.

Section 65 (Offence of altering etc. records with intent to prevent disclosure). The destruction of information after it has been requested is a criminal offence. The standard timescale for commencing proceedings of a summary conviction is 6 months as set in section 136 of the Criminal Procedure (Scotland) Act 1995.

Due to the process that FOISA follows, it is potentially 10 months from commission before any offence could be discovered by the Commissioner at appeal stage. Subsection (2) of section 136 of the Criminal Procedure (Scotland) Act 1995 allows Acts, such as FOISA, to fix their own time limit.

Deputy First Minister Nicola Sturgeon writes letter for serial benefits cheat in £80K fraud case, asks for alternative sentence to jail

Scotland’s Deputy First Minister Nicola Sturgeon wrote letter for fraudster. NICOLA STURGEON, Scotland’s Deputy First Minister, and Health Secretary has been revealed to have written a letter in support of a serial benefits fraudster who defrauded £80,000 from the Department of Work and Pensions. In an appalling move, Ms Sturgeon asked Glasgow Sheriff Court to consider an alternative to a custodial sentence, for 60 year old Abdul Rauf, who has a criminal record for a previous offence involving fraud which it is claimed Ms Sturgeon already knew of before writing the letter now at the centre of calls for Ms Sturgeon's resignation.

Alex Salmond supported Ms Sturgeon asking the court to change its sentence. Political opponents are calling on Ms Sturgeon to resign, despite having gained initial support from First Minister Alex Salmond (must be ok to support benefits cheats, not abuse victims – Ed) however legal insiders say the terms used by Ms Sturgeon in her letter amount to political interference with the judiciary, and must be fully investigated. A spokesman for the SNP backed up Mr Salmond’s claims that Ms Sturgeon was fulfilling her obligations to constutients by representing Mr Rauf, even though not one politician at the Scottish Parliament would say they would write the same letter Ms Sturgeon wrote for Mr Rauf.

Nicola Sturgeon: Letter in support of fraudster

ABDUL RAUF.

I refer to my above named constituent and the case brought against him for benefit fraud.

I have been aware of Mr Rauf's case since July 2008 when he sought assistance from me after a search warrant was executed at his home by the Department of Work and Pensions and officers from Strathclyde Police.

It was clear at that time that he recognised the serious nature of the matter he was facing and that it would be necessary to pay back the money he had obtained unlawfully.

For a number of years Mr Rauf has suffered from poor health, mainly associated with his heart. He has a family including young children aged under 10 and he is heavily involved in his community.

All of these aspects of his life have been significantly impacted upon by the mistakes he has made.

Mr Rauf has accepted his wrong doing and has experienced the consequences of it through the effect on his health, the distress caused to his family and the impact on his standing in his community.

He has advised me that he has already paid £27,000 of the outstanding balance owed to the Department of Work and Pensions and has said since he first sought my advice that he will sell his property in Edinburgh to settle the remaining balance.

He and his wife are anxious that a custodial sentence may be imposed by the court and of the effect this will have on Mr Rauf's health and the impact on family life.

I would appeal to the court to take the points raised here into account and consider alternatives to a custodial sentence.

SIGNED NICOLA STURGEON.

“consider alternatives to a custodial sentence.” … (interference in the court process, we certainly think so – Ed)

The Herald reports :

Sturgeon in storm over support for fraudster

By Brian Currie

Published on 11 Feb 2010

Nicola Sturgeon was last night facing demands for her resignation after it was revealed she gave a character reference to a convicted fraudster.

The Deputy First Minister wrote a letter of support for father-of-five Abdul Rauf after he defrauded £80,000 from the Department for Work and Pensions.

The letter was produced at Glasgow Sheriff Court yesterday and handed to Sheriff Alan MacKenzie by defence advocate Donald Findlay, QC.

He said it was the first time in his career he had handed over a letter from someone of such importance.

Rauf, 59, who was jailed for four years for fraud in 1996, was due to be sentenced for his latest crime after admitting defrauding the DWP between 2001 and 2006.

Ms Sturgeon, who admitted she knew of Mr Rauf’s previous conviction, said she had written the letter to the court because, as his MSP, she was “duty-bound” to make reasonable representations on behalf of constituents.

A spokesman for Ms Sturgeon said she had “represented her constituent entirely properly and appropriately”.

However, Labour leader Iain Gray said she had made “an appalling error of judgment”.

Last week Ms Sturgeon and First Minister Alex Salmond were caught up in a row over claims of “cash for access” when it emerged lunch dates with the pair at the Scottish Parliament were auctioned to raise money for the SNP.

Mr Gray said: “If the facts of the case are as they appear and Nicola Sturgeon made such an appalling error of judgment she must resign.

“Last week she was selling access to raise funds for the SNP. Now she is prepared to give a character reference for a convicted fraudster.”

Bill Aitken, the Conservative justice spokesman, said her letter was “ill-considered”.

“It is extraordinary to describe a second conviction for fraud as a mistake. Either Ms Sturgeon didn’t care about his previous fraud conviction or she didn’t check. Either would be unbelievable and a grave lapse of judgment.”

LibDem spokesman Mike Rumbles said: “It beggars belief that the Deputy First Minister could think it appropriate to write in support of a convicted fraudster who is now facing another conviction.”

He said Mr Salmond should explain his deputy’s actions at First Minister’s Questions today and that Ms Sturgeon should “clear the air” by making a statement to parliament.

Prosecutor Adele MacDonald told the court that Rauf, who has a £400,000 house in Maxwell Park, Glasgow, applied for income support in October 2001. She said: “He completed paperwork declaring that he owned his property at Springkell Avenue and that he had £67 in savings in a bank account.”

It was subsequently discovered that he also owned a £200,000 property in Newington, Edinburgh, and was receiving £650 a month rent while claiming benefits over a five-year period.

Sheriff MacKenzie told Rauf that a jail sentence was “at the forefront” of his mind.

The earlier conviction for Mr Rauf, a former sub-postmaster, was for stealing £58,624 in pension and benefit payments by forging signatures on almost 800 DSS payment orders and keeping the cash for himself.

In her letter Ms Sturgeon says Mr Rauf suffers poor health, has young children and urges the court to “consider alternatives to a custodial sentence”.

Ms Sturgeon yesterday defended her involvement in the case. She said she was “not aware” of having met Mr Rauf socially and an SNP spokesperson said he was not a donor to the party and not a member of it.

Saying she was “duty-bound” to make reasonable representations on behalf of constituent, Ms Sturgeon added: “That’s what I did but ultimately the decision is for the court to take.”

“I don’t condone the behaviour of anyone who breaks the law,” she added.

Lunch-gate bites First Minister Alex Salmond as Holyrood's Standards Commissioner investigates cash for access video scandal

First Lunch with First Minister Alex Salmond for £9K. Scotland’s First Lunch Minister Alex Salmond is reported to be under investigation by the Scottish Parliament’s Standards Commissioner (lol – Ed) over allegations of cash for access to Scottish Ministers, including himself, after videos emerged of a lunch auction the SNP held to raise party funds in Central Glasgow.

Since the story broke, Mr Salmond has announced he has cancelled the lunches at issue, which saw people pay up to £9,000 (lol, may as well burn it – Ed) to have lunch with the First Lunch Minister Mr Salmond. Among those paying up to ‘nosh with Eck’, were noted Human Rights lawyer Ameer Anwar & Councillor Stuart Pratt.

The Scottish National Party have since released details of further fundraising events to be held at the parliament, which include three lunches at Holyrood sold for £1,500 and a tour of the parliament by Nicola Sturgeon that fetched £260.

First Lunch – The Movie, starring Alex Salmond and Nicola Sturgeon.

BBC News reports :

Alex Salmond cancels auctioned lunches

Scotland's first minister has cancelled four Holyrood lunch appointments which had been sold at auction to raise funds for the SNP. It emerged last week that Alex Salmond and Deputy First Minister Nicola Sturgeon had each sold lunch dates at a party event in Glasgow. The SNP has now said Mr Salmond also auctioned a further three lunches.

Scottish Labour leader Iain Gray accused Mr Salmond of "systematic abuse" of his position. They have both insisted no parliamentary rules were broken.

The Scottish Parliament is expected to issue new guidelines over the practice in the coming weeks.

Last Thursday, the parliament stated that the restaurant at Holyrood must not be used for "any other purpose" than parliamentary duties.

Mr Salmond has written to Presiding Officer Alex Fergusson regarding the issue.

In his letter, he said: "I am cancelling all lunches in parliament as a result of party activity as we await the Corporate Body providing new advice. I have identified four such lunches, and Nicola Sturgeon has identified one lunch and a tour - since none of them have taken place, there is therefore no difficulty in the Corporate Body considering the issue as a matter of principle. Nor indeed have any of the donations been given."

But Mr Salmond wrote that he was "extremely concerned that as things stand it would be unwise to proceed with charity lunches or indeed a range of other lunch uses of the restaurant which might potentially fall foul of the parliament statement released last Thursday."

"Clearly, this would be undesirable. My next charity lunch is as a result of the Northsound 'Cash for Kids' auction, on Thursday 25 February," he said.

"Many other members will be in a similar position, and what I propose is that the Corporate Body, at its meeting on Wednesday, consider issuing interim advice that charity lunches can continue until such time as the whole matter can be fully discussed and comprehensive new advice issued to members."

'Systematic abuse'

Scottish Labour leader Iain Gray said: "Rather than draw a line under the issue of 'cash for access' it would appear now the first minister and his deputy Nicola Sturgeon were systematically selling access for private meetings in order to raise party funds. Now we know this was not a one-off occasion. Alex Salmond has to answer for this rather than trying to cloud the issue. This is not about charity lunches in the parliament but extremely serious allegations over the systematic abuse of the first minister's office."

Bill Johnston, a member of the Labour Party from Edinburgh, has reported Mr Salmond and Ms Sturgeon to the Scottish Parliamentary Standards Commissioner.

The SNP said Amin Hussein paid £9,000 for a lunch with Mr Salmond during a Glasgow Central SNP event last week.

Human rights lawyer Aamer Anwar paid £1,000 for a lunch with the first minister at the Glasgow Central SNP candidate adoption meeting last year. Mr Anwar, who said he was not a member of any political party but backed Osama Saeed, the SNP candidate in Glasgow Central, accused some Labour politicians of "staggering hypocrisy" over the issue. He said: "I haven't actually made my donation yet, but am very happy to do so - and I'm not really bothered about having a lunch anyway."

A lunch was also won by Mr Salmond's constituency agent, Councillor Stuart Pratt, at the candidate adoption meeting in Inverurie last December, for £400. A prize of lunch with Mr Salmond was raffled for £100 by Young Scots for Independence at the SNP's annual conference last year.

Meanwhile, Khalid Javid paid £2,000 for lunch with Ms Sturgeon, also at the Glasgow Central event. Mr Javid had previously bid £260 last year for a tour of the parliament.

The SNP said none of these events had taken place, and none of the donations had been received.

Lockerbie Case : SNP’s Christine Grahame challenges QC Paul McBride over tampered bomb timer evidence

In an interesting report on last night’s BBC Newsnight Scotland, the Scottish Nationalist Party’s Christine Grahame MSP challenged QC Paul McBride over allegations that key evidence used to convict Abdelbaset Ali Mohmed Al Megrahi for the bombing of Pan Am Flight 103 over Lockerbie Scotland was tampered with, and went on to travel around the globe on unlogged journeys, potentially contaminating the evidence’s credibility.

Newsnight Scotland investigates the key evidence of the Lockerbie bomb timer :

Christine Grahame MSP challenges Paul McBride over tampered evidence :

Christine Grahame MSP also issued the following Press Release :

Key Lockerbie evidence “unsafe” claims MSP

Scottish police investigators did not make the key piece of evidential material used to convict Abdelbaset al Megrahi, the man convicted of the Lockerbie bombing, secure an SNP MSP has claimed. Christine Grahame MSP has said the Crown Office has now confirmed to her that the fragment was taken to Germany and then to the US by Scottish investigating officers without the knowledge of the Defence team and more crucially the then Lord Advocate, Lord Fraser of Carmyle, the senior prosecutor at the time of the investigation.

In an interview for Dutch TV yet to be shown on UK television Lord Fraser was asked if the fragment, known as PT-35 (alleged to be part of the bomb’s timer) had always remained in the UK. Lord Fraser responded:

“As far as I’m aware it’s always been in the UK.”

Asked if it had ever been to the United States, Lord Fraser responds:

“Not that I’m aware of,” adding that he would have known if it had left the UK, telling Dutch reporters: “What would have gone through my mind is, I’m not accusing the FBI or anything… [but] could this evidence get lost, or damaged or tampered with? No, no I would want to keep everything so that there can be no accusations at a trial that in some way [the fragment] has been fiddled with.”

Now SNP MSP Christine Grahame has confirmed that the same fragment also went to Germany two months before being sent across the Atlantic to Washington without, it seems, the knowledge of the Lord Advocate and the Crown Office. Ms Grahame herself a former lawyer, also claims Scottish police investigators did not record the fragment’s transportation across the world and in doing so broke the vital chain of evidence undermining the integrity of the fragment. She said:

“The Crown Office have confirmed to me that the fragment, PT-35, the piece of evidence that it was claimed by prosecutors linked Libya to the attack was also sent to Germany in April 1990 as well as the US.

“On the 22nd of June 1990 it was then taken to the FBI lab in Washington for examination by FBI officials there. Lord Fraser makes it clear he did not know and would not have allowed this evidence to be taken out of Scottish jurisdiction and control, but that is precisely what did happen. That leaves a very serious question mark over the central piece of evidence used to convict Mr Megrahi."

The senior Scottish police investigator involved in the case, retired Detective Chief Superintendent Stuart Henderson told Dutch journalists last December,

“We couldn’t afford to let something like that go. It has never been in their [US] control at all. It couldn’t be, because it was such an important point of evidence it wasn’t possible to release it. It had to be contained to be produced at the court therefore you couldn’t afford to have it waved around for everyone to see it because it could have got interfered with.”

“But that is precisely what appears to have happened,” Ms Grahame said and separately confirmed she has seen additional documents yet to be made public that showed DCS Henderson had told Crown prosecution officials in a formal legal statement that the fragment had indeed been to the US. Ms Grahame added:

“I am not sure why DCS Henderson’s statements made separately to Dutch TV and to the Crown Office contradict each other so starkly. That is a matter for Mr Henderson to explain. Either this fragment was in the US or it was not.

“I am deeply concerned that during the investigation and indeed leading all the way up to the Trial that neither the Crown nor Megrahi’s Defence were ever made aware that this crucial piece of evidence was being ‘waved around for everyone to see’ as DCS Henderson put it.

“Questions also need to be answered about the associated evidence log that was meant to accompany PT-35. It mysteriously does not record that the fragment went to the US or Germany, even though the Crown Office has confirmed in writing that it definitely went to Germany."

Justice Secretary Kenny MacAskill 'stands by' conviction of Abdelbaset Al Megrahi over Lockerbie bombing despite mounting calls for inquiry

Scotland’s Justice Secretary Kenny MacAskill was interviewed by BBC Scotland on his decision to release Abdelbaset Ali Mohmed Al Megrahi from Greenock Prison, returning home to Libya late yesterday.

Mr MacAskill. much to the amazement of many, states he stands by the conviction of Abdelbaset Ali Mohmed Al Megrahi, despite the numerous inconsistencies in the evidence presented at the Lockerbie Trial at Camp Zeist in the Netherlands under Scottish Law in 2001.

Noteworthy again is the lack of will on the part of the Justice Secretary to institute an inquiry into the Lockerbie case from the Scottish end .. seemingly putting the onus on Westminster to start the ball rolling. However, since the case was heard under Scots Law, and given law is a devolved issue .. why is there no apparent will on Mr MacAskill’s part to start an inquiry in Scotland ?

We at Scottish Law Reporter support the call for a fully independent inquiry into the Lockerbie case. Sucn an inquiry should of course originate in Scotland, and have international monitoring to ensure full impartiality & accountability to the facts.

Justice Secretary Kenny MacAskill interivewed on the release of Abdelbaset Al Megrahi Pt 1

Justice Secretary Kenny MacAskill interivewed on the release of Abdelbaset Al Megrahi Pt 2

Scottish Parliament MSPs 'as crooked Westminster' claimed expenses for funeral wreaths

Despite recent claims of transparency at Scotland’s Parliament over MSPs expenses, revelations are emerging that our politicians have their noses as firmly in the expenses trough as MPs at Westminster.

Despite getting about 70k a year, it seems the cost of a wreath must also be claimed for, as well as second homes, mortgages etc … all of which we were told did not happen at innocent Holyrood ..

The Scotsman reports :

15 MSPs forced to pay back cash for wreaths

Published Date: 30 May 2009
By DAVID MADDOX

FIFTEEN members of the Scottish Parliament have been shamed into repaying expenses they claimed for Remembrance Day wreaths.

The MSPs – from the SNP, Labour and Liberal Democrats – reclaimed money that was paid to Poppyscotland and the Lady Haig Poppy Factory for the wreaths. Both charities raise funds for veterans.

It came as their actions were last night described as "immoral" and "dishonourable", although it was pointed out by officials that they fell within parliament's rules. MPs have been banned from claiming the cost of Remembrance Day wreaths since 2004.

The row has shifted the expenses focus on to Holyrood, which has been regarded largely as "clean" in comparison with Westminster, where MPs have been under siege over their claims. And last night, the scandal forced another MP to quit, with former Labour minister Elliot Morely announcing he would not seek re-election after claiming £16,800 in taxpayer-funded allowances for interest on a mortgage already paid off.

Mark Wallace, from the Taxpayers' Alliance, said he was astounded MSPs would even consider claiming back money given to a veterans' charity. "It is disgraceful that so many MSPs have claimed Remembrance Day wreaths on expenses and that it is allowed under Scottish Parliament rules," he said.

"No honourable human being would even think it as morally acceptable to do so." He demanded that Holyrood change its rules to stop such claims.

Lothians Tory MSP Gavin Brown said: "Remembrance Day wreaths are a tribute to people who put their lives on the line and the idea of claiming back the cost does not sit easily with that. I think a rule change would be appropriate."

The expenses emerged in the claims made for October to December last year, which were published online this week. While the Scottish Parliament describes itself as being transparent, the wreaths were hidden under "running costs".

When the claims first came to light yesterday, there was reluctance among some MSPs to return the money.

Lothians SNP MSP Angela Constance, who claimed £17.80, immediately offered to return the cash, but her colleagues were not as quick to respond. The initial SNP response said: "Members lay wreaths in their official capacity on behalf of the Scottish Parliament. As the parliament supports Poppyscotland, the cost can be met from parliament resources, and it is for each elected member to determine if they wish to reclaim the cost."

But within an hour, the party leadership had intervened and all its MSPs were told to pay the money to the charities, Poppyscotland and Lady Haig Poppy Factory, which sold the wreaths. The two charities are the only ones that MSPs are allowed to claim back money for.

A spokeswoman said: "SNP MSPs will either be reimbursing the money or making donations equal to the cost of the wreaths to Poppyscotland."

The SNP MSPs who claimed were Ms Constance, Alasdair Allan (£21.30), Roseanna Cunningham (£63.90), Michael Matheson (£63.90), Stuart McMillan (£42.60), Gil Paterson (£17.80) and John Wilson (£35.60).

Labour MSPs decided to pay their money back to the parliament, but not before a spokesman insisted they had been right to reclaim the money as representatives of the parliament. Helen Eadie claimed the most, at £170.42, to cover wreaths for different villages in her Dunfermline East constituency. Rhona Brankin claimed £42.60, Trish Godman £113.22 and Cathy Jamieson £42.60.

A party spokesman said: "MSPs lay wreaths on behalf of the Scottish Parliament. The money for the wreaths goes to Poppyscotland that funds care for veterans. Some MSPs have many remembrance ceremonies in their constituency and it has been traditional for the local parliamentarian to send a wreath for them.

"These funds have been claimed legitimately, but Labour members have decided to pay the money back to avoid any embarrassment to Poppyscotland."

Ms Brankin said: "While I have acted in accordance with Scottish Parliament rules, the last thing I would want to do is cause offence to the Scottish Poppy Appeal, the Royal British Legion or my constituents."

The Lib Dems also promised to repay money claimed by Robert Brown (£20.30), former leadership contender Ross Finnie (£118.13), Jamie Stone (£42) and Jim Tolson (£63.90). A spokesman said: "The MSPs in question attended these important ceremonies in their official capacities but will, nonetheless, repay the amount claimed."

No Conservative or Green MSPs claimed back money for wreaths. However, shadow Scottish secretary David Mundell had been criticised for putting in claims for wreaths before the Westminster ban. Another Conservative, former shadow defence secretary James Gray, also came under fire after he tried to lodge a claim and complained he was "£60 out of pocket" after buying three wreaths to lay at war memorials in his constituency.

The wreaths at the centre of the scandal came mostly from the Lady Haig Poppy Factory, named after the wife of Earl Haig, the commander-in-chief of British forces during the First World War.

The factory makes special wreaths for MSPs with a purple centre to mark them out as being from the Scottish Parliament.

Former army officer Stuart Crawford, who served as a lieutenant-colonel in the Royal Tank Regiment, was also highly critical of the claims, although he said he could see why MSPs might believe they could claim the money back.

He said: "Although MSPs are not the highest-paid people in the land, they get a healthy salary – at least twice the average household income – and a wreath once a year on Remembrance Day should not be beyond their means."

Morely to step down after 'traumatic' mortgage claim row

FORMER Labour minister Elliot Morley is to quit as an MP, after claiming £16,800 in taxpayer-funded allowances for interest on a mortgage he had paid off.

He announced his decision not to fight his Scunthorpe seat at the next general election after a meeting with party activists in his constituency last night.

The move came as Tory leader David Cameron said any MPs who committed a crime by claiming taxpayer-funded cash for non-existent mortgages should "face the full force of the law".

Mr Cameron said Scotland Yard, which is considering whether to launch criminal inquiries into potentially fraudulent claims, should examine them "without fear of favour".

He added: "If people have broken the law in claiming expenses, like mortgage payments for mortgages that don't exist, should they be subject to the full force of the law? Yes of course they should."

Announcing his decision to stand down last night, Mr Morely said: "It is with regret that I have informed the general committee of the Scunthorpe Constituency Labour Party and the party general secretary that I do not wish to contest this seat at the next election.

"The last two weeks have been traumatic for me and I have to think of my family and my health, both of which have suffered."

The former environment minister is suspended from the Parliamentary Labour Party pending a sleaze watchdog investigation and a possible police inquiry.

Earlier yesterday, another MP embroiled in the scandal, veteran Conservative Bill Cash – who rented a flat from his daughter using taxpayers' funds – said he would repay the £15,000 if there had been a "transgression", but asked for time for his claims to be scrutinised.

However, his hopes of drawing a line under the affair were scuppered by Mr Cameron, who said the MP faced "serious questions" and needed to co-operate with inquiries.

Mr Cash, a Staffordshire MP, designated a flat owned by his daughter Laetitia, an aspiring Tory MP, as his second home for expenses in 2004 and 2005 – though he owned a home closer to Westminster.

Meanwhile, other Scots MPs also had their expenses scrutinised yesterday.

David Mundell, the only Tory MP in Scotland, paid back £75 for a food and drinks bill for staff. The Shadow Scottish secretary said he had audited his own expemses and decided to repay the funds before being asked.

Brian Donohoe, the Labour MP for Central Ayrshire, was allowed to claim £2,575 for a three-piece suite for his second home although it was £75 over the limit.

Tom Harris, the Labour MP for Glasgow Cathcart, had his claims of £90 for a cot and £50 for a steriliser rejected.

The revelations came as Commons leader Harriet Harman warned that Labour MPs who have done wrong "have got to pay the price for that".

However, Lord Mandelson, the Business Secretary, condemned the "hasty" judgement of MPs.

The MPs who have announced they are standing down will not do so until the general election, which could be a year away.

This is because anyone who quits parliament mid-term would get much less than a maximum £129,532, depending on length of service.

Nick Clegg, the Liberal Democrat leader, yesterday called for end to the "golden goodbyes".

"I can see no reason why an MP who is sacked or decides to stand down should be rewarded with a big, tax-free, lump sum payment," he said.

• Pensions minister Rosie Winterton claimed £4,690 for soundproofing a bedroom wall and redecoration of the bedroom, bathroom, living room, kitchen and staircase of her London home in February 2007, it emerged last night