Meeting of the Parliament (Hybrid) 03 February 2021
I will address some of the remarks that have been made in members’ speeches. It seems that we all have a universal dislike of former President, Donald Trump. As I said in my opening remarks, however, whether I dislike or like somebody is irrelevant. There should not be political interference in an investigatory process—whether it is criminal or civil—that could lead to subsequent law enforcement processes being enacted. There should not be and must not be political interference in that, regardless of how much I like or dislike an individual or how the Government views that individual.
I come now to some of the points that members made. Liam McArthur mentioned that the Scottish ministers can apply for a UWO. I am not disputing that point in law; I am saying that, although that power is conferred on the Scottish ministers—when the Scottish ministers are referenced in law, we often operate as one legal person—and although we have that power, we rightly do not use it. Instead, the CRU, the civil recovery unit, acts operationally independently, and the Lord Advocate, as the non-political minister in the Government, exercises an oversight function. That keeps the work of the CRU at arm’s length from any political interference, which is just the way it should be.
Liam McArthur seemed to cast some doubt on why the CRU and the Government neither confirm nor deny that an investigation is taking place. He seemed to say that there is no good reason for that, but there is. If the CRU were to confirm that an investigation was taking place or that it had applied for a UWO, which is an investigatory tool, the individual concerned could dissipate their assets and hide or conceal their wealth. Any member who says that an investigation is not going on is merely speculating, because the CRU neither confirms nor denies the existence of an investigation.
Some members are finger wagging at the Government and saying that it should go away and do something on the issue and that it is hiding, obfuscating or sitting on the fence, as Alex Rowley described it. What possible motive would the Scottish Government have, given our political stance, in not applying for an unexplained wealth order, other than to preserve the integrity of the justice system, which is the reason that I have given?
I will not speak about Alex Rowley’s contribution, which was immature and childish. In fact, it lacked any understanding of the most basic principle of the rule of law.
It is fundamental that any investigatory process that could lead to law enforcement action should not be at the whim of politicians; it must be free from political interference. I hope that we can all agree to the Government’s amendment to the motion.
17:11