Outrage as top Theresa May aide claims 'threats of violence' a feature of Scottish politics

The memo wrongly alleged Nicola Sturgeon wanted the Conservatives to win the 2015 general election, and the tribunal followed a Freedom of Information request seeking to have more details about the memo released, including which UK government officials had read it.

In arguing against the information being released, Rycroft said he wanted to show that “abuse, occasionally accompanied by direct or veiled threats of violence, is a feature of the contemporary political climate in Scotland” and that anyone who participates in any way in the independence issue could face “abuse and intimidation”.

His testimony further argued that disclosing the identities of those who had received the memorandum would “endanger the(ir) safety” as there was a likelihood they would be subject to “intimidation, abuse on social media and potentially threats of violence”.

In support of his argument, Rycroft made reference to a demonstration of three people at a Tunnocks Tea Cake factory, former Labour leader Iain Gray being chased into a Subway sandwich shop, and an egg being thrown at Jim Murphy in the lead up to the independence referendum.

Rycroft is the Second Permanent Secretary at the Cabinet Office which has the remit of supporting Prime Minister Theresa May in the “effective running of government”. He is also Head of the UK Governance Group which was formed in 2015 to help ministers meet the “vital challenge of sustaining the United Kingdom and the constitutional settlement.”

Patrick Harvie, leader of the Scottish Green Party, said Rycroft was wrong to characterise Scottish politics in such a way. “There's no excuse for abusive behaviour in person or on social media, and it has sadly been a feature of politics in many countries. We should all take it seriously and challenge it,” he told The Sunday Herald.

“However, for Mr Rycroft to single out Scotland in this way is quite wrong, especially in the wake of the hate crime wave which followed the Brexit vote, the racism which the Leave campaign fanned and the politically motivated killing of an MP [Jo Cox] by a far right activist.

“It's very clear that a genuine threat of serious political violence does exist, but it has nothing to do with the movement for Scottish independence,” he added.

Harvie’s comments were echoed by Willie Sullivan, director of Electoral Reform Society Scotland, an organisation that promotes citizen empowerment and democratic reform.

“We’re lucky in Scotland to have one of the best informed, most sophisticated electorates in the world. We ran an independence referendum which for the vast majority of people was a peaceful and invigorating experience,” he said.

“For anybody to suggest, particularly senior civil servants or politicians, that political debate in Scotland is anything other than healthy is a complete fantasy. It has to be questioned whether they actually believe this themselves.

“When we see a post-Brexit rise in intolerance in other parts of the UK, it’s a shame that civil servants should be so ill-informed about the healthy political discourse that’s going on Scotland.”

The details of the false memo were published in a front page article in The Daily Telegraph with the headline “Sturgeon’s secret backing for Cameron”. The memo, which was an account of a meeting between the First Minister and the French Ambassador Sylvie Bermann, stated that Sturgeon "confessed that she'd rather see David Cameron remain as PM (and didn't see Ed Miliband as PM material)".

However, the memo was a second-hand account of the meeting and the Scotland Office civil servant who penned it had themselves doubted whether "the FM's tongue would be quite so loose" and warned "it might well be a case of something being lost in translation".

Despite earlier denials, a Cabinet Office investigation found that then-Scottish secretary Alistair Carmichael was behind the leak, along with his special adviser Euan Roddin.

The tribunal was held following a Freedom of Information request seeking to have the memo released in full, as well as the names of those who saw the controversial note. The current Scotland Office minister, David Mundell, was Carmichael’s deputy at the time of the leak.

Rycroft argued that due to the “highly charged” political climate in Scotland, release of this information would endanger the “physical and mental health” of those who were named.

However, this argument was thrown out by the tribunal judge who said that Rycroft’s written evidence on the issue was “unspecific” and that “he was unable to expand upon it when questioned by the Appellent”.

In his ruling, Judge Chris Ryan added: “In our view the evidence…did not go so far as to demonstrate that physical or physical and mental health was or was likely to be endangered.”

However, the judge did rule that information was to be withheld for other reasons, including the potential to damage future diplomatic relations with France.

SNP MP Kirsty Blackman told the Sunday Herald that the judge was right to reject the evidence provided by Rycroft.

"The comments made by Mr Rycroft are completely unrepresentative of how politics is conducted in Scotland, and were rightly thrown out by Judge Chris Ryan,” the MP for Aberdeen North said.

“To talk of 'threats of violence' is inflammatory, and not something to be taken lightly, particularly in the wake of the deeply concerning and upsetting events of the last year across the UK.

"Political participation in Scotland has been reinvigorated in recent years due to the enlightening and peaceful nature of the independence referendum campaign - with people generally more informed on the issues that effect them than ever before. It is disappointing to see civil servants try to tie this healthy level of political participation to potential violence."

Rycroft is an experienced civil servant having began work at the Scotland Office in 1989. He previously served as Director-General of the deputy-Prime Minister’s office when Nick Clegg was in post and is currently one of the highest paid civil servants in the UK earning a salary of over £150,000.

His evidence stated that, although the story relates to the 2015 general election, “it continues to attract a considerable interest in the Scottish media and strong feelings among a section of the Scottish electorate.”

According to Rycroft “the strength of feeling that it aroused has not diminished significantly, and… that strength of feeling represents a risk to officials named in the information within scope of the request.”

He added that “critics of the Scotland Office and political activists would be likely to seize upon the names and regardless of any exculpatory contextual information released with them, would be likely to subject the individuals concerned to abuse and possibly intimidation.”

In giving supportive evidence for these claims Rycroft highlighted the activities of the small pro-independence group “The Scottish Resistance”. Rycroft said that the group’s members “in various guises” had “targeted aggressively” two former Scottish Labour leaders, Iain Gray and Jim Murphy.

One of the articles presented as exhibits to his evidence documented an incident where Iain Gray ran into a Subway sandwich shop during campaigning for the Scottish Parliament elections in 2011. The other referenced Jim Murphy postponing his “100 towns” tour of Scotland prior to the independence referendum after he had an egg was thrown at him.

Further evidence provided by Rycroft of the “abusive” political atmosphere of Scotland included an “intimidatory protest” outside the Tunnocks Tea Cake factory after products were rebranded as British. This protest involved three people.

Rycroft also used the example of a 50 minute sit-in at the Scotland Office in 2011 by the group Citizens United Against Public Sector Cuts to justify his argument. He linked this to the “highly charged political climate” in Scotland as Sean Clerkin of the Scottish Resistance was also involved.

Rycroft also sought to argue that the mental health of individuals named would also likely to be put in jeopardy. He emphasised that this would not simply be a mild level of distress “but the likely consequences that would flow from disclosure by reason of the highly charged political context”.

At the end of the tribunal, the judge decided that the Scotland Office was not compelled to release the information as the relevant FOI exemptions were still engaged.

Following the controversy over the leak, Alistair Carmichael faced a civil court action from constituents attempting to overturn his election as MP for Orkney and Shetland. The action failed.