Government mired in 'sleaze' row over Trump development

Opposition politicians said the ultimate decision on the golf-resort development would now be open to legal challenge because of a series of meetings between ministers, civil servants and the Trump organisation.

During a furious First Minister's questions, Alex Salmond was accused of breaching the ministerial code of conduct by favouring the tycoon's firm over objectors to the proposals.

And the neutrality of the Scottish Government's chief planner was called into question after it emerged he had a telephone conversation with Aberdeenshire Council's chief executive, while two of the billionaire's key staff were in his office.

A planning expert told The Scotsman that behind-the-scenes conversations between ministers, government officials and developers was not normal practice, and questions had to be asked.

John Swinney, the finance secretary, was dragged into the scandal when it was revealed he had enjoyed hospitality at a Trump resort days before the application was controversially "called in", giving him the final say on its future.

The furore stretched to Westminster, where Harriet Harman, the Leader of the Commons, pledged to raise concerns about the handling of the application with Des Browne, the Scotland Secretary. At the same time, campaigners against the plan at the Menie Estate, near Balmedie, called for a public inquiry.

Nicol Stephen, the leader of the Scottish Liberal Democrats, triggered the debate when he revealed in the Scottish Parliament that two senior Trump International employees had been in the office of the Scottish Government's chief planner, Jim McKinnon, at Victoria Quay, Leith, on Tuesday, 4 December – the day the application was called in.

The men, Neil Hobday and George Sorial, were present when Mr McKinnon made a telephone call to Alan Campbell, the chief executive of Aberdeenshire Council. Both sides say the call was made to establish the procedure that would be followed at a special meeting of Aberdeenshire Council, scheduled for Wednesday, 12 December.

Two hours later, Mr McKinnon again called the council's chief executive, but this time to tell him that the Scottish Government would be calling in the application.

The Scottish Government says the decision to call in the development was made by Mr Swinney, although he is typically advised by the chief planner.

Mr Stephen said: "This is a serious situation for the First Minister and his government. Every step of the way, there is contradiction, concealment and cleverness from his government on this issue. It smells of sleaze."

He called on the First Minister to order an independent inquiry to "investigate what happened in those 48 hours last Monday and Tuesday, to find out why the developers were present with the chief planner on the very day that their application was called in, to examine what pressure the chief planner was put under by ministers to take these potentially prejudicial actions that now jeopardise this project".

Mr Salmond insisted his behaviour on the matter had "followed exactly the rule book".

But Annabel Goldie, the Tory leader, joined the attack, accusing him of breaching the ministerial code by meeting Trump representatives in the days between the council rejecting the application and it being called in.

Mr Salmond has already come under fire for a meeting with Trump aides at the upmarket Marcliffe at Pitfodels Hotel in Aberdeen.

Ms Goldie said: "Can I ask the First Minister why, contrary to the ministerial code, he met only the developer during this critical period of four days and in so doing took action, which, to quote the ministerial code, 'could be seen as prejudicial to the process'."

Mr Salmond told her he had previously met some of those opposed to the Trump plan and stressed: "As the constituency member for Gordon, I am excluded from any involvement in the determination of the proposed development."

He said that, as First Minister, he had been advised not to make any comment on the plan, in case it was interpreted as being either for or against it. But Ms Goldie said: "Astonishingly, as First Minister, he was not even-handed, he was cack-handed. Either this is ignorance or arrogance, and ignorance is not a condition with which I associate the First Minister."

The Tory leader also claimed he had taken a special adviser to the Marcliffe, but Mr Salmond said the staff member was a constituency secretary.

He also said Scotland's top civil servant, the permanent secretary Sir John Elvidge, had "made it perfectly clear that the use of government car was entirely appropriate".

Later, Ms Goldie said: "So far, this has been a tale of denial, cover-up and evasion. There is a stench surrounding the government's handling of this affair. If this application fails, and Scotland loses this billion-pound investment, the Scottish Government will only have itself to blame."

Trevor Davies, a planning expert, said: "Clearly, the ministers and civil servants were talking to Trump before the local authority had a chance to make a decision. That's odd to me."

Meanwhile, it emerged Mr Swinney had been at a gala dinner at an exclusive Trump International resort in New York on 2 December, two days before he called in the planning application.

His office insisted no Trump officials were at the VisitScotland-hosted event at Trump Golf Village in Westchester, New York, and that he had never met or spoken to any Trump representatives.

A spokeswoman for the tourism agency said the event had been organised for months and that market value was paid for the use of the venue.

Mr Swinney claimed later it would have been "discourteous" for him to refuse to attend.

The Green MSP Patrick Harvie said: "It is at least odd that this application was called in by John Swinney the very day after he spoke at an event where the entertainment included a complimentary game of golf at Mr Trump's expense."

And the Labour MSP Jackie Baillie said Mr Swinney's visit raised "serious questions about his judgment".

The developments came the day after Martin Ford was sacked as convener of Aberdeenshire Council's infrastructure services committee after his casting vote vetoed the plans.

He said since that vote, "the application has been treated anything but normally, by both the applicant, who didn't do what we would expect – either appeal or prepare to resubmit – but also by the government".

He called for "an absolute commitment" of a public inquiry.

Mickey Foote, of Sustainable Aberdeenshire, which is opposed to the Trump plan, said: "Scottish politics is being shamed."

UNDER FIRE FROM EVERY QUARTER

"Every step of the way there is contradiction, concealment and cleverness from his government on this issue. It smells of sleaze."

Nicol Stephen, leader of the Scottish Liberal Democrats

"The point for ensuring there was a Scottish Parliament was to devolve power from Westminster to people in Scotland, not to suck up power from local authorities and place them in Edinburgh."

Harriet Harman, leader of the House of Commons

"It is at least odd that this application was called in by John Swinney the very day after he spoke at an event where the entertainment included a complimentary game of golf at Mr Trump's expense."

Patrick Harvie, Green MSP

"If ministers and civil servants are talking to major developers in secret, without telling the local authority, and prior to the local authority making a decision, and then they call it in when they don't like the decision, that seems to me like the wrong process."

Trevor Davies, planning expert

"It's pantomime season and I don't know if this is Jack and the Beanstalk or Snow White and the Seven Dwarfs."

Mickey Foote of Sustainable Aberdeenshire

"I think the most important thing that could be established now would be for the government as quickly as possible to give an absolute commitment there will be a full public inquiry to look at the application."

Martin Ford, Aberdeenshire councillor

Q&A: KEY FIGURES IN THE ROW

Which members of the Scottish Government are caught up in the Trump planning controversy?

Alex Salmond, the First Minister, and John Swinney, the finance secretary, have both come under fire.

When did Mr Salmond get involved?

He met Trump representatives in an Aberdeen hotel on 3 December.

But isn't that appropriate, given he is MSP for Gordon, where the Menie Estate falls?

He says yes, because he was acting in his constituency role, rather than as First Minister.

What does Annabel Goldie, the Scottish Tories' leader, say?

She says he's breached the Ministerial Code of Conduct because he was acting as First Minister – as shown by the fact he used a ministerial car.

What about John Swinney?

Two days before he called in the Trump planning application, Mr Swinney attended a function at the company's exclusive development in Westchester, New York State.

So did he accept corporate hospitality from the developers?

No. The dinner was organised by VisitScotland to promote Scottish business. VisitScotland paid market rate for the venue.

What does "calling in the application" mean?

The Scottish Government asserts its authority over the local authority and has the final say on whether the development goes ahead.

Is that common practice?

It often happens if there is an appeal against a council's decision – but it is unprecedented for it to happen before then.

Would anyone have advised Mr Swinney to call it in?

The chief planning officer is Jim McKinnon, who would be the top civil servant advising ministers on such issues.

Has he come in for criticism?

He had a phone conversation with Alan Campbell, the chief executive of Aberdeenshire Council, when two Trump organisation staff members were in his office. Mr Campbell asked that they leave his office.

What was the conversation about?

A special council meeting to be held after the infrastructure services committee rejected the application.

When did it happen?

Hours before Mr McKinnon called Mr Campbell back to tell him that the planning application was being called in.

HACKING AWAY - HOW TRUMPTOWN BECAME BUNKERED IN CONTROVERSY

OCT 2005

Jack McConnell, the then first minister, meets Donald Trump at his Trump Towers HQ in New York.

APRIL 2006

The Menie Estate is revealed as the location for a 1bn golf course. Already there are concerns from environmentalists while the plan is welcomed elsewhere.

MAY 2006

McConnell is the first minister to be accused of breaching ministerial guidelines by getting too close to Mr Trump.

MAY 2007

Alex Salmond is elected First Minister. He is also elected MSP for Gordon, which includes Menie, and that bars him from having anything to do with the planning process.

20 NOV, 2007

Aberdeenshire Council's Formartine area committee approves the plans by seven votes to four.

29 NOV, 2007

The authority's infrastructure services committee throws out the plans on the casting vote of the Lib Dem chairman Martin Ford. This means, ultimately, Aberdeenshire Council has turned down the application.

2 DEC, 2007

John Swinney, the finance secretary, attends a Global Scots function at one of Trump's golf and country clubs in New York State. Officials insist he did not meet any Trump representative.

3 DEC, 2007

Salmond meets two senior Trump aides at a hotel on the outskirts of

Aberdeen. He is travelling in a ministerial car but officials later insist the meeting is strictly in his capacity as an MSP and has nothing to do with the planning process. Meanwhile Trump has issued an ultimatum: planning approval within 30 days or the project moves to Ireland.

DEC 4, 2007

Holyrood's chief planner phones the chief executive of Aberdeenshire Council. The same two Trump aides are in the planner's room. Later, there is another call from the chief planner, to say ministers have taken control or "called in" the decision.

9 DEC, 2007

It emerges that Salmond held a meeting with Trump officials the day before the decision was "called in". Officials insist it was in his capacity as an MSP.

12 DEC, 2007

An emergecy meeting of the full Aberdeenshire Council votes by 26 to 10 to sack Ford as a committee chairman.

14 DEC, 2007

It emerges Trump aides were present when the chief planner spoke to Aberdeenshire Council. It is also confirmed Swinney had been at the Trump resort.