Justice Secretary Michael Matheson is to make a statement to MSPs on Wednesday regarding the future of Police Scotland's chief constable, Phil Gormley, amid allegations of unlawful ministerial intervention. Mr Gormley has been on special leave since September 2017 while multiple gross misconduct complaints are investigated.
Mr Gormley's lawyers have written to Holyrood's public audit committee, claiming that the Scottish Police Authority (SPA) board unanimously agreed to allow the chief constable to return to work in November 2017. However, they allege that then-SPA chief Andrew Flanagan, after meeting with Mr Matheson, instructed Mr Gormley not to return as he was travelling back to Scotland.
The lawyers assert there was “no lawful basis” for government intervention and have reserved the right to seek a judicial review. They also state that Mr Gormley is “ready and willing to return to full operational duties” and denies all allegations, describing them as “vexatious, opportunistic”.
Both the Conservatives and Labour have called for Mr Matheson to explain his actions. Tory MSP Margaret Mitchell said his position would be “untenable” if he had intervened. A Scottish government spokeswoman said the justice secretary had “sought assurances” that the SPA's decision was made on a “fully-informed basis”.
The Police Investigations and Review Commissioner (Pirc) is investigating the complaints. Pirc boss Kate Frame told MSPs she was not consulted about the SPA's decision to reinstate Mr Gormley, but noted that his return at this point would be “inappropriate”.
