POLICE Scotland’s acting Chief Constable has waded into an extraordinary public row with his oversight body, accusing it of producing a false statement about the force.
Iain Livingstone said a press release written by the Scottish Police Authority (SPA) and edited by absentee Chief Constable Phil Gormley gave a reassurance about officer welfare that was categorically “not true”.
His comment to Holyrood magazine calls into question the action of SPA communications boss John McCroskie and the due diligence applied by Mr Gormley.
READ MORE: Michael Matheson right not to minute crunch police meeting, says his predecessor
The draft release was drawn up to announce Mr Gormley’s return to duty last November after a period of special leave.
Mr Gormley left his desk on September 8 after being accused of bullying and misconduct by fellow officers, prompting an investigation by an independent watchdog.
On November 7, the board of the Scottish Police Authority (SPA), the body overseeing Police Scotland, unanimously agreed Mr Gormley could return despite the bullying probe.
But when then SPA chair, Andrew Flanagan, told Justice Secretary Michael Matheson of the decision, Mr Matheson asked the SPA to reconsider and the decision was reversed.
READ MORE: Michael Matheson right not to minute crunch police meeting, says his predecessor
On November 9, Mr McCroskie, the SPA’s director of communications and relationships, drafted a press release announcing Mr Gormley’s return.
Through his lawyer, David Morgan of Burness Paull, Mr Gormley then made changes to the release, which stated that staff who had complained about him would be protected.
Mr McCroskie’s original version said the SPA had “taken the necessary steps with Police Scotland to ensure suitable arrangements are put in place to support the welfare of all involved parties until the conduct issues are concluded.”
Mr Gormley amended the paragraph so that it referred to “alleged conduct issues” instead.
However Deputy Chief Constable Livingstone told Holyrood magazine said that was plain wrong, and the first time he saw the release was when Holyrood’s public audit committee published it last week.
He said: “That is a draft press release that has not gone beyond Mr Gormley’s lawyers and the SPA, but it makes mention of me, and it makes mention that the SPA had made arrangements to support the welfare of all involved parties. That’s not true.
“It may have been the intention to have made those arrangements. But it had not happened. That is categorical.”
READ MORE: Michael Matheson right not to minute crunch police meeting, says his predecessor
DCC Livingstone said that, rather than staff welfare being protected, there was “significant concern” at the time about officers and staff involved in the investigation, but no steps had been taken to manage Mr Gormley’s return.
He said: “You’ve got individual officers and members of staff who had concerns there. I certainly had concerns for them, even if the authority didn’t.”
One of the reasons Mr Matheson asked for a rethink of the SPA board decision was a concern about a lack of evidence that welfare measures were in place.
The Justice Secretary was also unhappy the SPA failed to consult the independent watchdog in the bullying probe, or tell Mr Livingstone what was planned.
READ MORE: Michael Matheson right not to minute crunch police meeting, says his predecessor
Mr Gormley denies the bullying allegations, calling them “vexatious and opportunistic”.
Former Justice Secretary Kenneth MacAskill has suggested Mr Gormley should never return from special leave, with the Scottish Government buying out the remainder of his contract.
Mr MacAskill has also recommended Mr Livingstone become the next Chief Constable.
Scottish Liberal Democrat MSP Liam McArthur said: "Haphazard and slapdash decision making has become characteristic of the SPA.
"The structures we have in place are clearly not fit for purpose. We must not return to the early days of Police Scotland with top cops and police authority bosses in open conflict.
"The Justice Secretary should finally agree to establish an expert independent commission to review and make recommendations for reforming the structure of Scottish policing.
"We need to put an end to the poor decision making by those in charge of the national force - processes underpinned by its flawed structures."
In a statement to The Herald, DCC Livingstone added: "I am in no way criticising the Chief Constable, I am clarifying that no welfare arrangements were put in place by the SPA for the officers and staff involved."
The SPA has been asked for comment.
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