Salmond ‘cannot be criticised’ for involvement in BSkyB bid, says Leveson

FIRST Minister Alex Salmond’s readiness to intervene in the BSkyB bid and lobby the Westminster government on behalf of News Corp was motivated by an anxiety to help Scotland, according to the Leveson report.

Mr Salmond came under fire for his friendship with News Corp owner Rupert Murdoch and his willingness to lobby Vince Cable and later Jeremy Hunt on the company’s behalf, as he sought to benefit Scotland.

Mr Salmond was initially prepared to try and encourage a successful outcome as he recognised an advantage for Scotland in the BSkyB bid’s success due to the high numbers News Corp employs in Scotland.

Leveson stated that, had Mr Salmond pursued the matter, he would have been ‘seeking to persuade a quasi-judicial decision maker to take into account a factor which was irrelevant’ and would have ‘rendered the decision unlawful.’

The fact that Mr Salmond accepted and appreciated that employment in Scotland, or indeed elsewhere, was not a relevant consideration and did not contact either Vince Cable or Jeremy Hunt was lauded by Lord Justice Leveson.

Leveson added: “Judged by what he did, as opposed to what he said he was prepared to do, therefore, he cannot be critcised.”

Extracts from Leveson

“The history of Mr Salmond’s readiness to intervene in the bid, on News Corp’s behalf, is of real interest.

“He stood ready to lobby first Dr Cable and later Mr Hunt, prepared to argue that it would be good for Scotland and Scottish jobs.

“Had he done so he would have been seeking to persuade a quasi-judicial decision maker to take into account a factor which was irrelevant to the statutory plurality test. Plurality was the only consideration which could legitimately have been taken into account by the Secretary of State.

“Acceding to Mr Salmond’s argument would have rendered the decision unlawful.”

“I have absolutely no doubt that Mr Salmond was motivated by an anxiety to help Scottish employment and to benefit Scotland generally: that is entirely laudable and exactly what is the expectation and proper function of the First Minister.

“How far that should be taken, however, is another matter. He appreciated that employment whether in Scotland or elsewhere was not a relevant consideration for the Minister and, in fact, he never contacted either Dr Cable or Mr Hunt to argue the contrary.

“Judged by what he did, as opposed to what he said he was prepared to do, therefore, he cannot be criticised.”