THE favourite to be Scotland’s next first minister is facing questions over his credibility after his account of missing a key vote on gay marriage was labelled “not true” by the SNP cabinet minister in charge at the time.
Former health secretary Alex Neil said Humza Yousaf arranged a ministerial meeting 19 days in advance as “cover” to avoid having to vote, as he was under pressure from religious leaders.
Mr Neil said he vividly remembered Mr Yousaf arranging to “skip” the vote, and feeling disappointed that he had done so.
He said: “It was a cop out."
His intervention came after Mr Yousaf flatly denied he had ducked the vote on Thursday.
He told ITV he missed it “for good reason” and had met the Pakistan consulate over the case of a Scottish citizen on death row.
The current health secretary also told Sky News the row over his missed vote was being “resurrected” to undermine him in the SNP leadership race.
READ MORE: Yousaf denies deliberately skipping gay marriage vote
But Mr Neil, who led the gay marriage Bill through parliament, was emphatic, telling the Herald: "The truth is he asked to be 'skipped' because he was under pressure and he then arranged a ministerial meeting, and that was his cover for not voting, and if he says anything different it’s not true.
"There was no reason why that meeting had to be at the same time as the vote on the Bill.”
Nominations in the SNP race close at noon on Friday, with Mr Yousaf the bookies’ favourite ahead of finance secretary Kate Forbes and former minister Ash Regan.
Ms Regan today says she wants to “hand independence back to the people” if she is elected leader of the SNP.
In an exclusive interview with The Herald ahead of her official leadership campaign launch, she said: “In recent years the wider Yes movement has become marginalised in the fight for independence. If elected, I intend to change that."
Ms Forbes, a member of the Free Church of Scotland, this week lost the support of many colleagues after saying she would not have voted for gay marriage if she had been an MSP at the time.
It led to a re-examination of Mr Yousaf’s own record on the issue.
The MSP for Glasgow Pollok voted in favour of the principles of the Marriage and Civil Partnership (Scotland) Bill at Stage 1 in November 2013, but was the only minister to miss the final Stage 3 vote on 4 February 2014.
At the time, gay marriage was opposed by many Muslim leaders in Scotland. Mr Yousaf was the minister for external affairs.
His diary records show that on 14 January 2014, he was asked by the then minister for parliamentary business, Joe FitzPatrick, to attend Holyrood for the gay marriage vote.
But 48 hours later, Mr Yousaf himself requested a meeting with the Pakistan Consul General in Glasgow on the same day as the vote, thereby creating a diary clash.
READ MORE: Neil Gray suggests Kate Forbes won't protect the rights of minorities
It was not until a week later, on 24 January, that Mohammad Ashgar, a 69-year-old Scot with a history of mental illness, was sentenced to death for blasphemy in Pakistan.
Asked at the time why he had been absent from the vote, Mr Yousaf wrote on Twitter: “Had ministerial engagement arranged beforehand but signed pledge, voted for stage one and v public about my (continued) support!”
Asked if his absence had been “unavoidable”, he added: “Meeting Pakistan Consul discussing Scot on death row accused under Blasphemy Law not one could/want avoid.”
This was in spite of Mr Yousaf setting up the meeting almost three weeks in advance, and before Mr Ashgar had even been sentenced in Pakistan.
@HumzaYousaf @mrjamesmack @Out4Indy what was it though Humza? Unavoidable?
— Ross McCafferty (@RossMcCaff) February 5, 2014
Asked again yesterday if he had deliberately avoided the gay marriage vote, Mr Yousaf said: “No.”
But Mr Neil, who is supporting Ms Forbes in the leadership race, challenged that account head on.
He said: "I remember it very vividly.
"There is no doubt at all that Humza asked for and was given leave of absence from the vote because of 'pressure from the mosque'.
"He asked if he could be skipped from the vote, and the First Minister gave him permission, and it was agreed he would arrange a ministerial appointment which would be timed for the day of the debate and the vote, so that he would have cover.
"I thought to be honest at the time it was a bit disappointing, because it was a matter of principle.
"He’s parading himself as being very much in favour of equal marriage. Why did he deliberately not vote for it?
“There’s no doubt in my mind that that is what happened.
"I was the cabinet secretary in charge of the Bill and it was a free vote, so I had to know and be sure that we had the majority.
"I was given all the information about who couldn't make it and what the numbers were likely to be and all the rest of it.”
Asked if he was saying this about Mr Yousaf to help Ms Forbes, he said: “No, no, I’m just giving you the facts. I’m telling you what happened.
"I disagree with her on equal marriage, but in my mind she’s the right person for the top job."
Another source close to events said they too remembered Mr Yousaf, via Mr FitzPatrick, requesting permission to miss the vote because of pressure from religious leaders.
"I think personally, to Humza's credit, he was in favour of the Bill, but it was all to do with the flak he'd been getting after voting for it at Stage 1."
Responding to Mr Neil’s comments, Mr Yousaf did not directly deny them.
Instead, he said in a statement: "I was proud to vote in favour of the Equal Marriage Bill in Scotland's Parliament.
"I was vocal about my support for marriage equality at the time and I remain unequivocal on that position.
"As your SNP First Minister, and as someone from a minority background myself, I will stand up and champion equal rights for all."
Mr FitzPatrick added: “I was the Government's Minister for Parliamentary Business at the time.
"All arrangements for Ministers being handed permission to conduct vital government business during votes in parliament were handled and approved by myself.
“While other Ministers did raise concerns about the Bill at the time, Humza was not one of them.
"Humza gave his full backing to the Bill in its first vote through parliament and he continues to be a staunch ally of the LGBTQ+ community to this day and beyond.
"Humza is the progressive leader that our party and wider movement need to take us forward on our journey to independence."
READ MORE: 'I'll hand independence back to the Yes movement' – vows Ash Regan
Alex Salmond, who was first minister when the gay marriage law was passed, said: “Alex Neil and I guided the equal marriage Bill through as a conscience vote. That is one reason why the legislation, initially controversial, became the settled will of the Parliament and the people.
“The Gender Recognition Bill would have benefited immeasurably from a similar approach. Thus it was up to everyone to vote, or not to vote, according to their own conscience.”
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