Law Society alerted Serious Organised Crime Agency over MP property deal concerns in 2011

The Law Society of Scotland has revealed it first alerted the UK-wide Serious and Organised Crime Agency (SOCA) over its concerns regarding property deals carried out on behalf of MP Michelle Thomson in October 2011.

In a letter sent to MSPs, president of the Law Society Christine McLintock said the organisation could not disclose the fact it had sent a ‘suspicious activity report’ to SOCA in 2011 regarding deals conducted by Thomson’s solicitor, Chris Hales, until the existence of the Police Scotland investigation entered the public domain.

Hales was struck off by the Law Society in 2014 for professional misconduct after carrying out property deals on the MP’s behalf.

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The Law Society had twice informed the Crown it was considering formally referring the case – first in December 2014, and then again in April 2015.

But the Crown only instructed Police Scotland to investigate “alleged irregularities relating to property deals” on 9 July 2015, seven months after first being notified informally of the case, and four years after the Law Society sent its ‘suspicious activity report’ to SOCA.

During First Minister’s Questions Nicola Sturgeon expressed support for Kezia Dugdale's call for the Law Society to publish documents relating to the Hales case. But in her letter, McLintock says, “this cannot happen”.

The letter says: “Publishing all documentation would not only go against our legal obligations under the Data Protection Act but would force us to give personal information on innocent individuals.

“We will cooperate fully with the investigation which is now ongoing and will be providing Police Scotland with all relevant documents. Making all this material public could not only jeopardise the live police case but also prejudice any legal proceedings which may follow. As an organisation which believes in justice and the rule of law, I hope you will understand how irresponsible it would be for us to do this.”

Scottish Conservative MSP Murdo Fraser said: “This is an astonishing development which raises a new raft of questions.

“Both the First Minister and the Lord Advocate have said in the Scottish Parliament that they knew nothing of this.

“Yet here we see that the Law Society flagged this up to the police in 2011 – what has been happening for the last four years?

“The public and those who feel they were a victim of this scheme need answers, because this appears to getting messier by the day.”

McLintock’s letter says: “I realise that the events of the last few weeks have placed a significant spotlight on the Law Society and our regulatory work. We hope this further information demonstrates our commitment to be transparent, subject to our legal obligations, and provides reassurance that the Law Society of Scotland has at all times acted appropriately and in accordance with our legal obligations in connection with this matter.”

Scottish Labour Public Services Spokesperson Jackie Baillie said: “We need full disclosure from all of the agencies and organisations involved. Without that full disclosure it will look to the public like the buck is being passed back and forth between the Law Society of Scotland, Police Scotland, the Crown Office and now the National Crime Agency.

“When did Michelle Thomson know that this case had been reported to a law enforcement agency and when did she disclose this to anybody during the referendum and General Election campaign?

“None of what has been released today by the Law Society of Scotland accounts for the year long delay between Christopher Hales being struck off and them informing the Crown Office about the case involving the property deals of the SNP MP Michelle Thomson.

“These latest revelations only strengthen the case for an independent external inquiry into the Law Society's role in this case and for the Law Society to publish all papers on this matter. Without credible answers the public will get the impression that the Scottish establishment is closing ranks to protect one of its own.”

Thomson has denied any wrongdoing and insists she always acted within the law.