A Scottish minister has admitted using “language I shouldn’t have” towards a fellow MSP, but not assaulting him.
Parliamentary business minister Jamie Hepburn was accused of assaulting and swearing at Tory MSP Douglas Ross when leaving the chamber on Wednesday afternoon.
Mr Ross had spoken to a parliamentary motion around timetabling on Wednesday, concerning the scheduling of a summit on “out of control” seagulls.
The former Scottish Tory leader said he had been “physically assaulted and verbally abused” by the minister, who had complained about his asking for “f****** statements”.
Mr Ross said he had reported it to parliamentary authorities and he has spoken to the police, while also calling for Mr Hepburn to be sacked, accusing him of breaching the ministerial code.
The code, which was rewritten by First Minister John Swinney last year, says working relationships, including with other MSPs, must be “proper and appropriate”.
It states: “Harassing, bullying or other inappropriate or discriminating behaviour, wherever it takes place, is not consistent with the ministerial code and will not be tolerated.”
New rules brought in by Mr Swinney allow advisers on the ministerial code to unilaterally launch investigations into potential breaches, with the long-standing expectation that ministers found to have broken the rules will resign.
A senior Scottish Government source told journalists the minister will not be dismissed, but refused to say Mr Ross was lying in his account of events.
A statement from Mr Ross after meeting with officers said: “I have met with Police Scotland officers and will consider the options open to me. I’m grateful to the police for their input.”
Speaking to journalists, Mr Hepburn repeatedly said: “I will freely ‘fess up to things that I’ve done, but I won’t apologise for things I’ve not done.
“So yesterday, yeah, I put my hand on his shoulder and probably used some choice words I shouldn’t have – that’s it.”
He repeated forms of the same statement before denying there was any force in placing his hand on Mr Ross’s shoulder.
Asked why he lost his temper, Mr Hepburn said: “I think everyone knows the context. I was speaking to a business motion after we had just agreed landmark legislation to improve the experience for victims and witnesses yesterday.
“I think he spoke to the business motion in a way that he shouldn’t have, but I recognise I should have kept my cool and not used the words I shouldn’t have.”
Asked if he would apologise to the former Scottish Tory leader, Mr Hepburn said he would “freely speak to him” if Mr Ross wished, adding he found it “hard to believe” the Moray MSP said he was reluctant to enter the Holyrood chamber while the minister was there.
Asked about the issue being reported to the police, Mr Hepburn said: “Let’s wait and see what happens.”
Mr Ross claims he was “grabbed” and “held on to” during the incident.
He said: “The behaviour that I experienced from the minister is absolutely against what is in the Ministerial Code. I can see no way he can continue in his role in Government. Particularly in a role which means he has to work with MSPs.”
Presiding Officer Alison Johnstone addressed the allegations when Mr Ross raised them in the chamber on Thursday, saying: “This is a very serious allegation and it is important that it is dealt with through the appropriate processes.
“I expect all members to take their responsibilities under the code of conduct seriously.”
Ms Johnstone later told journalists she would meet officials on Thursday afternoon.
Mr Swinney, who was in Windsor on Wednesday for the state banquet held for US President Donald Trump, was asked about the allegation by journalists on Thursday.
He said: “It’s the first I’ve heard about it. Obviously I was away yesterday so I don’t have any knowledge about it.”
He added that he would “consider these issues”.
A spokeswoman for the Scottish Parliament said: “The Parliament takes a zero-tolerance approach to bullying and harassment and any allegations of criminality should be reported directly to the police.
“As the Presiding Officer said in the chamber, this is a very serious allegation and it is important that it is dealt with through the appropriate processes.
“Where anyone considers that the conduct of a member hasn’t met the terms of the code of conduct, a complaint can be made to the Commissioner for Ethical Standards in Public Life in Scotland.
“Complaints about the conduct of a member arising from their ministerial duties are dealt with under the Scottish ministerial code and are a matter for the First Minister.
“The Parliament has provided the member with advice on these avenues.”
