Nicola. I have slept on the content of the latest letter from the PS rejecting arbitration. Two points I want to make to you privately. Firstly, the explanation given in the letter is that arbitration is rejected because the SG is confident in the legality of the process.
With respect, that entirely misses the point. The SG may well believe it is lawful. My Senior Counsel believes it is unlawful. That’s the whole point of the arbitration.
The legality will have to be resolved either in private (in a confidential and binding arbitration) or in public at the Court of Session. The SG, and you, have everything to gain from arbitration. If my legal advice is wrong, I will accept that and the current process proceeds.
If the SG legal advice is wrong, you discover that without losing in a public court. Adopting an arbitration process also guarantees confidentiality for the complainers, regardless of what happens. Secondly, the PS has now intimated that an FOI has been submitted.
Alex Salmond was flung under a bus for trying to protect the Scottish Government the alphabet women and the public purse.
For clarification as if you need it PS is Permanent Secretary Lesley Evans.
Of course Salmond went on to win the “tainted by apparent bias” Judicial Review. And you and I picked up the tab.
The first minister and her cronies really need to go now.
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