Shamed former finance secretary Derek Mackay will not face charges over “inappropriate” social media messages to a boy of 16.
Police Scotland has consulted the Crown Office and concluded no laws were broken by Mackay, 42, who quit his Cabinet post on February 5.
An informed source said: “It was felt the trail of messages itself was inappropriate given the imbalance in power and the difference in age between the two parties.
“The messages were not highly sexualised and, in any case, the boy was 16 and of age. But consideration was given as to whether the messages could have caused fear and alarm or distress.
“Could there have been an aggravated breach of the peace or would some sort of sexual aggravation or grooming charge be justified? But all things considered, the consensus was that the threshold of criminality had not been reached.”
The insider said the boy and Mackay had met on a previous occasion so were not complete strangers.
It is understood they were introduced by one of Mackay’s colleagues at a youth event and that Mackay later made contact on social media. It is also understood the boy at no stage made a complaint about Mackay and did not suggest anything had been criminal.
Police became involved when the Scottish Parliament reported the matter and, as a result, they were proactive in going to the boy and asking if he would make a statement, which he did.
It is understood that he indicated he felt the conduct of the Renfrewshire North and West MSP – who told him he was “cute” – was “weird” but had not been troubled by it and had not intended to make a complaint about him to police.
As no similar complaints about Mackay’s behaviour have been received, it is likely he will be able to put any fear of criminal charges behind him.
Mackay is under growing pressure to step down as an MSP. He has been suspended by the SNP, pending a a probe.
Mackay, who shares a home with partner Fraser Bell in Bishopton, Renfrewshire, has not been seen in public since the storm broke.
A police spokesman said: “We have not received any complaint of criminality, however, we are currently assessing available information.”
