Sturgeon backs justice secretary over chief constable meeting

Ms Sturgeon told MSPs that she would want her justice secretary to ask questions of the decision to allow the chief constable to resume his duties

BBC Holyrood chamber — Ms Sturgeon told MSPs that she would want her justice secretary to ask questions of the decision to allow the chief constable to resume his duties

Nicola Sturgeon has defended her justice secretary over claims that he may have acted unlawfully by blocking the chief constable's return to work.

Michael Matheson has been criticised for urging police watchdogs to reconsider their decision to allow Phil Gormley to return to his duties.

BBC Scotland later revealed that no minutes were taken during the meeting.

But Ms Sturgeon told MSPs that Mr Matheson had acted "entirely appropriately".

The issue was raised at First Minister's Questions by Scottish Conservative leader Ruth Davidson, who questioned whether the justice secretary acted unlawfully over his involvement in Chief Constable Phil Gormley's period of special leave from Police Scotland.

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Mr Gormley is being investigated over allegations of misconduct, with the Police Investigations and Review Commissioner (Pirc) confirming on Monday that a sixth complaint had been made against him.

The chief constable denies all of the allegations.

It emerged earlier this month that the Scottish Police Authority (SPA) had agreed in November to allow Mr Gormley to return to work - but that the decision was reversed after Mr Matheson asked board members to reconsider.

The justice secretary says he questioned "clear deficiencies" in the SPA decision-making process, but denies exceeding his authority by instructing the independent body not to allow Mr Gormley's return.

The Conservatives have described the handling of Mr Gormley's case as a "fiasco"

Scottish Conservative benches — The Conservatives have described the handling of Mr Gormley's case as a "fiasco"

Ms Davidson told the Scottish Parliament on Thursday that the case was a "fiasco" that illustrated the need to amend the law on governance of Scotland's national force.

And she described the lack of minutes at the meeting between Mr Matheson and SPA members, which was also attended by civil servants, as "shocking".

Ms Davidson said: "It's the SNP's secret Scotland and it stinks.

"It is clear that the legal framework does not ensure proper accountability and we say it is time to amend the law so that it is parliament, not the government, that has more power over our national force."

Mr Matheson denies exceeding his authority in his dealings with the SPA over Mr Gormley

PA Michael Matheson — Mr Matheson denies exceeding his authority in his dealings with the SPA over Mr Gormley

But Ms Sturgeon insisted that Mr Matheson had been right to ask questions of the SPA decision to allow Mr Gormley to resume his duties.

The first minister said: "The justice secretary did not instruct the chair of the Scottish Police Authority, what the justice secretary did was ask questions.

"Had the justice secretary not asked these questions and the chief constable returned to work, I am absolutely sure Ruth Davidson would have been among the first to get to her feet and demand to know why the justice secretary hadn't asked these questions."

Ms Sturgeon also said the division of responsibilities over Police Scotland were clear, and that "of course the decisions about the employment of the chief constable are for the Scottish Police Authority".