A complaint of sexual misconduct against an SNP MP has been rejected following a “flawed” probe into the claims.
An allegation that Patricia Gibson stroked a male staffer and asked him to “come home and s**** me” was overturned following an appeal.
As first revealed by the Daily Record, the North Ayrshire and Arran MP was accused of misconduct in Westminster’s Stranger’s Bar in 2020.
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A formal complaint was made to Westminster authorities last year but the MP vehemently denied the claims.
Gibson, an SNP front bencher, was accused of subjecting the man to unwelcome physical contact of a sexual nature when she was drunk, including stroking his arm and back through his clothes.
Following a probe by an independent investigator, the Parliamentary Commissioner for Standards agreed that a single allegation should be upheld.
The Commissioner concluded: “I am satisfied that [the respondent] propositioned the complainant on more than one occasion and that this was conduct of a sexual nature.
“In light of the propositioning, I am also satisfied that the touching which occurred in the bar was also of a sexual nature. The complainant's evidence is clear that all this conduct was unwanted.
“On this basis, I agree with the investigator that this allegation should be upheld.”
However, after an appeal by Gibson, this decision has been set aside.
An independent expert panel agreed with the MP that the investigation was materially flawed in three respects: "The investigator applied the wrong test in determining what constitutes conduct of a sexual nature in the Sexual Misconduct Policy.
"She failed to consider all the circumstances, including the complainant’s perspective, to decide whether it was reasonable to conclude that the conduct was sexual in nature.”
It added: “Procedural unfairness had arisen because of the substantial changes that the investigator made to the draft Formal Assessment Report after the Factual Accuracy Check.
“The investigator’s treatment of evidence of the respondent’s personal circumstances and whether it might be relevant to whether the alleged behaviour was likely to have occurred or not was inconsistent and procedurally unfair.”
The panel’s report, published today, also summarised Gibson’s denial of the allegation:
“The respondent denied, and continues to deny, the allegation. Her evidence was (in essence) that she was intoxicated, and therefore unable confidently to recall her exact words and actions.
“The respondent asserted, however, that she would not have stroked the complainant in the manner alleged and would never have used the word “shag”, nor would she have propositioned the complainant.”
In finding in favour of Gibson, the panel blamed the initial investigation: “The sub-panel have concluded that the investigator placed too much weight on the complainant’s perception that the touching was sexual.
"Had the investigator applied the test correctly, then she would have taken account of perceptions of all of the witnesses and may have come to a different conclusion.
“The sub-panel consider that the investigator’s failure to apply the appropriate test, when considering behaviour of a sexual nature, affected the decision made by the Commissioner.”
Gibson said: "I am grateful to the Independent Expert Panel for its work and comprehensive assessment of this case. I am reassured that the Independent Expert Panel has exonerated me, and has found that I am not guilty and that the investigation into this case was materially flawed.
"I have always maintained my innocence. It has been a very difficult 16 months during which my reputation has been wrongly and repeatedly traduced in the press and on social media, which has also jeopardised my personal safety with threats, abuse and harassment.
"I have found this period extremely traumatic but I am pleased that my reputation has been restored and now wish to draw a line under this matter and look to the future."
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