Scotland’s rules for investigating ministers accused of sexual harassment are to be overhauled after a review found serious weaknesses in the policies used to investigate Alex Salmond. An independent review by Laura Dunlop QC, an expert in public law, urged the Scottish government to accept the need for sweeping changes in the way it investigated harassment complaints against ministers and former ministers. Much greater emphasis was needed in that process on neutrality and natural justice, Dunlop said, with more use of independent investigators. “Demonstrating neutrality in the investigation of formal complaints against former ministers is particularly challenging if that investigation is to be conducted by civil servants bound by their accountability to the government of the day,” she said. “I see independent investigation and adjudication of such complaints as essential. “Put shortly, natural justice requires a level playing field and a neutral adjudicator,” she added later in her report. Dunlop was appointed by Leslie Evans, permanent secretary of the Scottish government, and the country’s chief civil servant, after Salmond won a court battle with the government after it upheld complaints against him by two women. After coming under intense pressure from its own lawyers to concede from November 2018 onwards, the government admitted in court in early January 2019 that the process was unlawful and “tainted by apparent bias”. Salmond was awarded legal costs of £512,000, and in March 2020 was acquitted on 14 criminal charges of sexual assault. Dunlop made 10 recommendations, including streamlined harassment rules, screening of complaints, independent investigation by an outside expert and support for the minister under investigation. But she rejected suggestions there should be a time limit on historical sexual harassment complaints. Those should always be open to investigation, she said. John Swinney, the deputy first minister, said the measures would be swiftly considered in consultation with civil service unions soon after the May elections. “The Scottish government accepted that there had been flaws in the application of the procedure for investigating the complaints and that lessons should be learned,” Swinney said in a letter to a Holyrood committee which has been investigating the same controversy. “I am determined the Scottish government ensures that any future complaints are handled with the utmost sensitivity and professionalism.” Evans and other senior civil servants repeatedly defended the policy and its application in the Salmond inquiry when they were questioned by the Holyrood committee. The committee’s report is expected to published early next week. Dunlop’s report closely studied the government’s decision to appoint Judith Mackinnon, a government human resources specialist, as the investigating officer after she had had prior contact with both complainers, who were civil servants. Jackie Baillie, a committee member and Scottish Labour’s deputy leader, said she agreed with Dunlop’s findings. “What is truly astonishing is that the SNP government did not seek this advice when developing the policy, instead of rushing it through. They could have avoided an expensive and failed judicial review and – vitally – protected the women involved,” she said. “It is a damning indictment of the SNP and their failure that let women down who complained about the former first minister.” The harassment policy had been very quickly introduced after the #MeToo movement in October 2017 led to a number of senior British politicians being accused of historical harassment offences. Mackinnon had contact with the two officials while its policy was being written; she said that was to offer them support and guidance. One was shown the policy before it was approved. It emerged earlier this month that lawyers hired by the government to fight Salmond’s legal action, including Roddy Dunlop QC who is now dean of the faculty of advocates, were furious when the extent of Mackinnon’s prior contacts were revealed. They advised Nicola Sturgeon, the first minister, and Evans to concede defeat. Opposition MSPs have accused Sturgeon and Evans of delaying that decision for too long, and ignoring that legal advice – thus increasing the legal costs for the taxpayer. Dunlop said sexual harassment complaints involving serving or former ministers ought to be handed over to an outside body, such as the Commissioner for Ethical Standards in Public Life in Scotland or extending the remit of the independent advisers on the ministerial code. One of those ministerial code advisers, James Hamilton, Ireland’s former director of public prosecutions, is currently investigating whether Sturgeon broke the ministerial code by failing to be transparent with parliament about what she knew and did about the Salmond allegations. Sturgeon denies any wrongdoing.