Sunday, 14 March 2021

A complete waste of time

James Hamilton QC is the independent adviser to the Scottish Government on the Ministerial code. I pointed out on twitter on Friday that in that capacity he has been investigating Nicola Sturgeon since 13th January 2019. That is undoubtedly true but, on further inquiry, that is not his fault. 

Salmond's Judicial Review was conceded on 8th January 2019. It had nothing to do with any undisclosed meetings Alex Salmond had with Nicola Sturgeon while the process successfully challenged was undergoing. That formed no part of his case. But these undisclosed meetings were revealed by it. It was only when that revelation happened that Sturgeon felt obliged to refer herself. Not when ,at a much earlier stage Sturgeon coughed up officially to the Permanent Secretary. Who interestingly seems then to have replied: "That's fine, you've told me now", as opposed to: "Thank you. You will appreciate this raises very serious issues under the Ministerial Code about which I will need to seek the advice of my superiors". One suspects the word "officially" that I use above might have been key here.

Anyway, to be fair, five days after Salmond's case was conceded (in this context I reject the usage "was won", as that implies a contest that at an earlier stage might have gone either way), Sturgeon apparently placed herself at the mercy of an independent authority.

Except, almost immediately again, she didn't. 

For ten days later, that process was completely shut down.

On the ostensible basis that since Mr Salmond had been charged and appeared in Court, it could not proceed. 

In the course of my investigations for this blog, I have stumbled upon this. https://www.gov.scot/publications/foi-202100139181/

It is the correspondence between John Swinney and Mr Hamilton regarding the referral. In common with the obfuscation the Scottish Government has displayed throughout this matter it is disclosed in random order, sometimes jumping backwards and forwards not just over months but over years, to make it as hard to follow as possible but somewhere in the middle are two nuggets. 

The first is an exchange of emails on 30th January 2019. Published in the wrong order "entirely by accident".

So you have to start with the second. James Hunt, a Civil Servant whose impartial role in this whole matter would bear further attention, writes to Mr Hamilton suggesting that it might not be possible for him to carry things forward for fear of prejudicing the criminal proceedings now commenced against Salmond. He says, crucially, for no matter what you think of senior civil servants, when it comes to matters of this nature, they choose their words carefully 

"The Crown Agent has not provided us with legal advice on the matter. However, nor could he provide us with any reassurance that there would be no risk of prejudice to the fairness of the criminal investigation were the Independent Advisers to proceed with an investigation in terms of the draft remit I previously sent you, and which I attach again to this letter. In light of that view, we have considered whether it might be possible to revise the remit to minimise any possible risk to the criminal investigation. We have concluded that reducing the scope of the remit would unduly restrict the ability of the Independent Advisers to investigate fully the questions of conduct that have been raised. Neither could we be sure that even a restricted remit would not have the potential to interfere with the criminal proceedings in some way. We therefore need to balance the public interest in proceeding with a referral that was broad enough to address fully the concerns that have been raised, with that of ensuring that there is no risk of prejudice to the fairness of the criminal investigation."

Now let us deconstruct this. The Crown Agent has expressed no view on whether Mr Hamilton can proceed.  But the Scottish Government, with or without taking legal advice, have decided he can't. I very much suspect without.

Anyway, back to Mr Hamilton. He responds that he doesn't know anything about the law of Scotland. But in a fatal error he says he will abide with the legal advice of the Scottish Government. Except they do not have such advice. Reading the small print, do not even claim to have it. 

Just to be in no doubt, there is every reason Mr Hamilton could have started his, in private, inquiries, while the prosecution was continuing. He could have spoken to all of the people involved in the process whereby Sturgeon failed to disclose her meetings and then failed to take any action when she finally did. That had nothing whatsover to do with the prosecution. Clearly, he could not have concluded these inquiries because Mr Salmond, on any possible legal advice, would have declined to speak to him while the criminal process was ongoing but, once that had concluded, he could have had a significant head start in reaching his conclusions. But of course he is denied that opportunity.

So, anyway, nothing now happens until Salmond is acquitted. Not an event the Scottish Government anticipated.

So, at least now, Mr Hamilton could get started. Except he couldn't.

You will recollect that Mr Salmond was acquitted on the very day the first lockdown was announced. Anybody would concede that for a period thereafter normal functioning of government was significantly disrupted. But Mr Hamilton's inquiries were a perfect example of something that could have been progressed "working from home". They were to be conducted in private and , indeed, when they did start have so been. But Mr Hamilton could only proceed if, once again, asked to do so. Which he eventually was. But not until the 20th July 2020, some four months after lockdown. Prompted, to his credit, largely by himself. Which brings me to the second nugget. If you read the email whereby Mr Hamilton insists on getting restarted which is on the link above, you will see it is against a background of the permanent government suggesting there is no need for him to be so hasty, or possibly even undertake the task at all. 

And then, in the final email of this thread  Mr Hynd advises that " I am working on putting in place admin and legal support for you." Which is of course something that could have been sorted eighteen months before but has the additional, I am sure entirely inadvertent, consequence that Mr Hamilton, even now, can't get on with his inquiries. And, standing their on the record delay and obfuscation in providing information to the Parliamentary Committee, does anybody think the Scottish Government will have been swift and entirely open in their co-operation with Mr Hamilton? Pull the other one, it's got bells on

So what is the point here? It is that 26 months after he was asked to report, Mr Hamilton has still not done so. And in consequence of that, Mr Hamilton's report,  even if the most damning terms, will have no consequence for Ms Sturgeon. She might be expected to resign, but she won't. She will make the not unreasonable point that this is hardly a practicable step six weeks before an election. How could the SNP possibly carry out a leadership election in that period? And if they don't have a clear candidate for First Minister, how can they possibly fight an election? No, Ms Sturgeon will instead announce,  that her ultimate jury will be the electorate. As has clearly been her strategy throughout. She will peril everything on that. If she wins the election she will announce herself to have been vindicated and if she loses she will have to resign anyway. So, if we want rid of Ms Sturgeon, we are going to have to do it ourselves. 

Quintus Fabius Maximus would be proud of her. 

31 comments:

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  18. Effective love spell to get your lost lover back/stop divorce/save broken marriage

    I never knew people still have powers and make things happen this way. I am Jenny Charles from  USA. My husband left me and my child for another girl three years ago, ever since then my life has been filled with pains, sorrow and trauma because he was my first love and we have been together for years and couldn't imagine my life without him. I saw some testimonies about a great spell caster Priest Elijah and how he helps people around the world, that he can bring back lover within some few days, initially I laughed it off and said I am not interested but due to the love I have for my man I consulted the great spell caster and to my greatest surprise after two days my husband called me for the very first time after three years that he is missing me and that he is so sorry for every thing he made me went through, that he wants me back, we are going to spend our life together and promise never to leave me and my child again. I still can't believe my eyes, because it's highly unbelievable, it's just too good to be true. All I can say is thank you Priest Elijah for bringing back my husband to me and my child and for anyone who might need the help of this great spell caster please permit me to drop his mail here universalspellhelp@gmail.com OR add this great man on WhatsApp  +2347054380994





    Effective love spell to get your lost lover back/stop divorce/save broken marriage

    I never knew people still have powers and make things happen this way. I am Jenny Charles from  USA. My husband left me and my child for another girl three years ago, ever since then my life has been filled with pains, sorrow and trauma because he was my first love and we have been together for years and couldn't imagine my life without him. I saw some testimonies about a great spell caster Priest Elijah and how he helps people around the world, that he can bring back lover within some few days, initially I laughed it off and said I am not interested but due to the love I have for my man I consulted the great spell caster and to my greatest surprise after two days my husband called me for the very first time after three years that he is missing me and that he is so sorry for every thing he made me went through, that he wants me back, we are going to spend our life together and promise never to leave me and my child again. I still can't believe my eyes, because it's highly unbelievable, it's just too good to be true. All I can say is thank you Priest Elijah for bringing back my husband to me and my child and for anyone who might need the help of this great spell caster please permit me to drop his mail here universalspellhelp@gmail.com OR add this great man on WhatsApp  +2347054380994

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  19. DR AZIBA HERBAL MEDICINE is the natural male support formula designed to take your sexual performance to another level. This is the formula designed to combat against all sexual complications and erectile dysfunction. The supplement promotes healthy production of testosterone hormone in body that increases sexual desires and endurance, while helping you to perform harder and longer on bed. It reduces the fatigue levels and sexual decline caused due to aging and optimizes the sexual drives and arousal levels for peak performance on bed.
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    DR AZIBA HERBAL MEDICINE is the natural male support formula designed to take your sexual performance to another level. This is the formula designed to combat against all sexual complications and erectile dysfunction. The supplement promotes healthy production of testosterone hormone in body that increases sexual desires and endurance, while helping you to perform harder and longer on bed. It reduces the fatigue levels and sexual decline caused due to aging and optimizes the sexual drives and arousal levels for peak performance on bed.
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  21. Hello to everyone out here, I am here to share the unexpected miracle that happened to me … My name is Susan Christian , I live in London, UK. we got married for more than 9 years and have gotten two kids. thing were going well with us and we are always happy. until one day my husband started to behave in a way i could not understand, i was very confused by the way he treat me and the kids. later that month he did not come home again and he called me that he want a divorce, i asked him what have i done wrong to deserve this from him, all he was saying is that he want a divorce that he hate me and do not want to see me again in his life, i was mad and also frustrated do not know what to do, i was sick for more than 2 weeks because of the divorce. i love him so much he was everything to me without him my life is incomplete. i told my sister and she told me to contact a spell caster, i never believe in all this spell casting of a thing. i just want to try if something will come out of it. i contacted Dr Emu for the return of my husband to me, they told me that my husband have been taken by another woman, that she cast a spell on him that is why he hate me and also want us to divorce. then they told me that they have to cast a spell on him that will make him return to me and the kids, they casted the spell and after 24 hours my husband called me and he told me that i should forgive him, he started to apologize on phone and said that he still live me that he did not know what happen to him that he left me. it was the spell that he Dr Emu casted on him that make him come back to me today, me and my family are now happy again today. thank you Dr Emu for what you have done for me i would have been nothing today if not for your great spell. i want you my friends who are passing through all this kind of love problem of getting back their husband, wife , or ex boyfriend and girlfriend to contact Dr Emu ,if you need his help you can contact him through his private mail: emutemple@gmail.com or you can contact him through his website https://emutemple.wordpress.com/ fb page Https://web.facebook.com/Emu-Temple-104891335203341 and you will see that your problem will be solved without any delay.

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  22. Hello my respectable Viewer, I am writing this article to tell the world on how Dr.Todd brought my Ex Boyfriend back to me, This is the reason why i have taken it upon myself to thank this great spell caster called Dr.Todd because through his help my life became more filled with love and i am happy to say that my Ex Boyfriend who has been separated from me for the past 3 year came back to me pleading for acceptance from me, This was a shocking event because before i contacted Dr.Todd i was the one begging my Ex Boyfriend to come back to me but through the assistance of Dr.Todd i now have my relationship restored. You can also have a better relationship only if you contact: manifestspellcast@gmail.com https://www.facebook.com/Manifest-Spell-Cast-102179992108255
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  24. MOST POWERFUL AND HONEST SPELL CASTER ONLINE , THANKS DR JUMBA FOR YOUR PERFECT LOVE SPELL .

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