Operation Broadcroft: Police Scotland refuse to reveal costs

The Herald Scotland

12 hours ago

He said the investigation was looking into claims that a 'very, very senior civil servant - Mr James Hynd - gave a false statement on oath at the inquiry'.
When the former First Minister and Alba Party leader died suddenly, aged 69, in North Macedonia in October last year it was not clear if and for how long the police investigation into the matter would continue.
But The Herald revealed in June that the investigation was still ongoing.
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Following our report, this newspaper asked the force under freedom of information legislation details on the cost of the inquiry, how many officers were involved and the date the inquiry began.
However, our request for the cost and the number of officers working on the inquiry was refused by Police Scotland on the grounds the force does not have the information
"In response to your request, I can advise you that the information sought is not held by Police Scotland and section 17 of the Act therefore applies," Police Scotland told The Herald.
"By way of explanation, the total costs relating to any investigation, both relating to the investigation itself and the number of hours involved, are difficult to quantify as the nature of policing means that officers are deployed to wherever their services are most required.
"Furthermore, the number of officers required throughout an investigation will fluctuate and officers involved in a particular investigation, or multiple investigations, can be redeployed to other duties at any time, dependant on their skillsets."
It continued: "Police Scotland may keep limited records for investigations, which record overtime costs and non-pay costs. These costs do not provide an accurate reflection of the total number of hours spent on an investigation nor do they provide, for the reasons stated above, an accurate cost for an investigation.
"The costs do not include, for example, officer hours where that officer would have been on duty anyway and as such are not recorded as a specific expense to a particular investigation."
Alex Salmond giving evidence to the Holyrood inquiry into how the Scottish Government handled complaints against him. (Image: PA) The force also refused to release the date the inquiry started on the basis this information could "prejudice" the probe.
Outlining its decision, the force's freedom of information officer told The Herald: "The information sought is held by Police Scotland, but I am refusing to provide it in terms of section 16(1) of the Act on the basis that the section 34(1)(b) – Investigations, exemption applies.
"Information is considered exempt from disclosure if it has at any time been held by Police Scotland for the purposes of an investigation which may lead to a decision to make a report to the Procurator Fiscal to enable it to be determined whether criminal proceedings should be instituted. The matter you are enquiring about is subject to a live police enquiry.
"This exemption is non-absolute and requires the application of the public interest test. I do appreciate that there is a degree of interest in the release of the information you have requested and that to do so would help inform public debate on policing in Scotland.
"However, it is essential that any release of information does not interfere or prejudice enquiries or risk such enquiries in the future. To do so would put the enquiries at risk and to do so would be vastly against the public interest. The balance lies in withholding the information requested at this time."
The Herald is seeking a review of the decision.
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[[Alba]] leader Kenny MacAskill, a former [[Scottish Government]] justice secretary, criticised Police Scotland for withholding the information from [[The Herald]].
"Utterly ridiculous and deeply disturbing," he said before making reference to other inquiries around how complaints against Mr Salmond were handled.
Last year the Information Commissioner criticised the [[Scottish Government]] relating to a legal battle around freedom of information requests about Irish lawyer James Hamilton's report into Nicola Sturgeon.
Mr Hamilton's inquiry was into whether Ms Sturgeon broke the ministerial code when her predecessor Mr Salmond was being investigated for sexual harassment by the Scottish Government. She was not found to have breached the code.
"The investigations relating to the Holyrood inquiry and Alex Salmond grow murkier by the hour.
"We've a government which was found to have been acting illegally by the court and which has had to be brought to heel by the information commissioner.
"Whether it's the redaction of documents or the denial of legitimate information the tale of obfuscation and what appears a cover up continues unabated.
"Police Scotland is though independent and separate from government abd openness and transparency are required in this of all cases."
Police Scotland has previously given details about the cost of Operation Branchform, the inquiry into the SNP's finances, including when the investigation was ongoing.
Operation Branchform ended in March with the inquiry costing the force £2.2million.
The police investigation was launched in July 2021 following a number of complaints and concluded in March this year. During that 44 month period [[Nicola Sturgeon]] resigned as First Minister and [[SNP]] leader in February 2023 and was succeeded by Humza Yousaf.
In April that year, Ms Sturgeon's husband and former [[SNP]] Chief Executive Peter Murrell was arrested. He was later charged by Police Scotland and appeared in court in March this year on one charge of embezzlement where he made no plea and was granted bail. No date has yet been given for his second court appearance.
During Operation Branchform Ms Sturgeon was also arrested and questioned, as was Colin Beattie, the former SNP treasurer. However the police investigations against both ended in March with no charges or further action against either.
Operation Broadcroft is into evidence given by Mr Hynd, who was the Scottish Government's head of cabinet, parliament and governance at the time, into the Holyrood inquiry in 2020 which probed how the Scottish Government handled complaints of sexual harassment made against Mr Salmond. The former First Minister was later cleared of all of the charges against him in a separate criminal trial.
The Court of Session was told in August 2024 that detectives were probing evidence given to the Scottish Parliament inquiry by Mr Hynd,
The probe by a committee of MSPs - formally called the Committee on the Scottish Government Handling of Harassment Complaints - concluded in March 2021 that the government investigation into Mr Salmond was 'seriously flawed".
During his evidence to the parliamentary inquiry Mr Salmond alleged that there was a conspiracy among senior SNP figures, including Ms Sturgeon to imprison him. Ms Sturgeon has strongly denied the claim.
The Court of Session action was launched by Mr Salmond in November 2023 to seek "significant damages" and compensation for loss of earnings reportedly worth £3 million.
The sum would be in addition to the £500,000 that Mr Salmond was awarded in legal costs after a judge said in 2019 that the government investigation into the allegations against him had been 'unlawful in respect that they were procedurally unfair" and also "tainted with apparent bias".
Mr Salmond's lawyer Gordon Dangerfield told the Court of Session last August that the Police Scotland investigation into Mr Hynd was called Operation Broadcroft and was being headed by a senior detective.
Mr Dangerfield told the court hearing at the time: 'I can advise that the ongoing Police Scotland investigation is named Operation Broadcroft. It is led by senior investigating officer Detective Superintendent Graham Lannigan."
Mr Hynd was responsible for drawing up the government's policy on the handling of complaints involving former and current ministers - the policy under which Mr Salmond was investigated.
The Scottish Government has previously said would not comment on a live police investigation or on individual staffing matters.
Police Scotland was approached for comment.