Operation Branchform

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Operation Branchform is a Police Scotland investigation into possible fundraising fraud in the Scottish National Party (SNP) that was launched in 2021 and is ongoing as of November 2024^[update].^[1] The investigation concerns allegations that £666,953 raised by the SNP since 2017 specifically to campaign for independence in a proposed second Scottish independence referendum was in part improperly spent on other activities.^[2][3] The investigation has expanded to cover allegations of embezzlement, signature forgery, and misreporting of loans made to the party to the Electoral Commission.^[4][5][6]

The investigation has seen the arrest of former SNP Treasurer Colin Beattie and former SNP leader and First Minister of Scotland Nicola Sturgeon, both of whom were released pending further investigations, and former SNP chief executive Peter Murrell, who has been charged with embezzlement of funds in relation to the investigation. All three and the SNP as a whole deny any wrongdoing.

As of February 2024, Police Scotland had spent over an estimated £1.3 million on the investigation according to a Freedom of Information release.^[7]

Fundraising for a proposed second Scottish independence referendum by the Scottish National Party began in 2017 and, after the snap general election of that year, the fundraising effort was closed down.^[8] Labour Party Member of the Scottish Parliament James Kelly asked the Electoral Commission to investigate whether the SNP had spent the money on campaigning in the general election. The SNP denied this, saying the money raised was ring-fenced for a future referendum campaign.^[9]

A second fundraiser followed in April 2019.^[10] This fundraiser also claimed to be ring-fencing donations for a specific purpose, saying "Our plan is to distribute An Independent Scotland: Household Guide to every household – all 2,460,000 of them! To achieve that, I am asking you to join me in making a donation to this specific project".^[11]

In January 2020, the pro-independence blogger Stuart Campbell, through his website Wings Over Scotland, claimed that the SNP's published accounts for 2018 did not contain enough money to cover the ring-fenced sums that were said to have been raised.^[12]

In October 2020, the Electoral Commission published the SNP's 2019 accounts. These did not list the referendum campaign funds separately and showed that the money the SNP had to hand, around £97,000, was again much less than the amount that was said to be ring-fenced. The SNP's then treasurer, Colin Beattie, emailed SNP donors regarding allegations that the referendum campaign fund had already been spent. Beattie insisted that there was £593,501 in the "Referendum Appeal Fund" that was ready to be deployed "instantaneously", and that the SNP did not separate restricted funds from the rest of the annual accounts. Beattie claimed that the donations were "woven through" the income figures for that year.^[13]

In the 2020 SNP internal elections, Douglas Chapman was elected as SNP National Treasurer, replacing Colin Beattie. On 20 March 2021, however, three members of the SNP's Finance and Audit Committee (Cllr Frank Ross, Cynthia Guthrie and Allison Graham) resigned over a lack of access to party accounts.^[14] As a result, long-time Scottish independence campaigner Sean Clerkin made a complaint to Police Scotland about the allegedly missing funds in March 2021.^[15]

In May 2021, Douglas Chapman also resigned as SNP National Treasurer, saying he "had not received the support or financial information required to carry out the fiduciary duties of National Treasurer".^[16][17] Nicola Sturgeon, then party leader and wife to Peter Murrell, then the party's chief executive, took over as acting treasurer, with Electoral Commission rules requiring someone to be in the post at all times.^[18] MP Joanna Cherry then resigned from the SNP's National Executive Committee later that month, saying on Twitter, "A number of factors have prevented me from fulfilling the mandate party members gave me to improve transparency & scrutiny & to uphold the party’s constitution. I won’t be making any further comment at this stage".^[19]

A month after Chapman's resignation, Peter Murrell loaned more than £107,620 to the party. This loan was not declared to the Electoral Commission until August 2022, more than a year late.^[20]

Beattie was re-appointed as Treasurer in June 2021.^[21] After a SNP NEC meeting that month, Beattie said £666,953 had been raised through referendum-related fundraisers from 2017 to 2020, and that £51,760 had been spent directly on campaigning for another referendum. He said funds were "earmarked" for that purpose, and "amounts equivalent to the sums raised" would be spent on "the intended purpose".^[22]

The police investigation was launched in July 2021 following seven complaints.^[3][23]

In August 2021, Sturgeon told a Zoom meeting of the SNP's NEC that, "We don't need to talk about the finances. The finances are absolutely fine". The meeting - which was recorded and released publicly in April 2023 - was to discuss a report commissioned by depute leader Keith Brown on financial transparency, following the resignation of Douglas Chapman. Brown's report recommended a "monthly written summary of income and expenditure, confirmed via the bank account", to increase transparency. According to a party source, Sturgeon insisted that "there was nothing wrong with the accounts and that people should stop talking about it because it was undermining the party. It's fair to say she was pretty raging about it. She went on at some length telling everyone that everything was absolutely fine and that it shouldn't be discussed." The recommendations in Brown's report were not acted on.^[20]

In 2022, a peer-review of the operation was conducted by the National Crime Agency, which the police described as normal "good practice".^[24]

In October 2022, the accountant firm Johnston Carmichael resigned from auditing the SNP's finances, after over a decade working with the party. The news of their departure was kept from the party's NEC and did not become public knowledge until April 2023. The SNP would be without auditors for over six months.^[25]

In December 2022, Wings Over Scotland reported that a loan of £107,620 made to the SNP in June 2021 had come from the party's then-CEO Peter Murrell,^[26] and that the Electoral Commission had not been informed until over a year later, in August 2022,^[26][15] despite this being a breach of the commission's reporting rules.^[27] The stated reason for the loan was to assist with the party's cash-flow after the Scottish Parliament election in May 2021, although by April 2023 the majority of the loan had not been repaid, with £60,000 still outstanding.^[28]

In February 2023, it was reported that the police planned to speak to key witnesses within the party.^[29] Former party treasurer Douglas Chapman, as well as several other former officials from the party's governing body, were subsequently reported to have been contacted by police in the days before Nicola Sturgeon announced her intention to resign as First Minister.^[30] In the same period, there were calls for Murrell to stand down because of the investigation into the loan he had made to the SNP.^[31]

During the 2023 SNP leadership election, a dispute over membership numbers prompted the resignation of Murray Foote as the party's media chief. Foote had previously been reassured by Peter Murrell that reports that the SNP's membership had dropped by 30,000 were false, and had described such allegations as "inaccurate drivel" to the press.^[32] Murrell was subsequently blamed by the SNP national executive committee for giving Foote misleading figures, and he resigned as SNP Chief Executive "with immediate effect" on 18 March 2023 ahead of a vote of no-confidence.^[33]

On 5 April 2023, Murrell, by this time no longer the SNP's chief executive, was arrested by Police Scotland in connection with the investigation, with the police saying they were conducting searches at a number of addresses. The police searched Murrell and Sturgeon's private residence in Glasgow, including the garden, and also searched and removed documentation from the SNP's headquarters in Edinburgh.^[34][35] After questioning, Murrell was released without charge pending further investigation.^[36] A Niesmann + Bischoff motorhome, with a sales price of around £110,000, was subsequently seized from the home of Peter Murrell's mother in Fife as part of the investigation.^[37][38] Beattie said he did not know about the purchase of the motorhome at the time.^[39]

The police's tactics in their search of Sturgeon and Murrell's home, especially the erection of a forensic tent over the front door, were questioned by Scottish Nationalists. Noel Dolan, a former special adviser to Nicola Sturgeon, said: "I believe the police behaviour in the use of tents outside and invading the former First Minister's home has been very heavy handed. It was completely over the top." Dolan called for the issue of police powers to be raised in the Scottish Parliament. His comments were criticised by Calum Steele, general secretary of the Scottish Police Federation, as "based on theory rather than fact". Police Scotland declined to comment on an ongoing investigation.^[40] Others claimed that the investigation was a conspiracy: SNP MSP James Dornan accused the police and media of having "some kind of collusion about making sure the media are in attendance when the slightest thing happens", and described the search of the Sturgeon-Murrell home as "like Fred West's house". Police Scotland denied any suggestion that the media was informed of the search ahead of time.^[41] Mairianna Clyde, a former SNP candidate for the City of Edinburgh Council who was later reselected for the 2024 council by-election, wrote on Twitter: "We should be completely clear about the events of the last few days. The British establishment could not destroy the SNP at the polls. So they are destroying us through the media and a deliberately protracted overblown police and legal action.^[42]

It was announced in early April, after Murrell's arrest, that accountants Johnston Carmichael had resigned from auditing the SNP's finances (both for the central party and the Westminster Parliamentary group), after over a decade working with the party.^[43] It later emerged that they had done so "around October" 2022, according to Humza Yousaf, the new leader of the SNP, who also said he was unaware that the party was without auditors until he took office.^[44] The news of their departure was kept from the party's NEC.^[25] Over £1 million of Short Money, public funds payable to the SNP group in Parliament, was at risk if the SNP did not produce audited accounts for their Westminster Group by 31 May 2023.^[45] It was announced on 3 May 2023 that the SNP had appointed new auditors, the AMS Accountants Group in Manchester, over six months after the previous auditors had resigned.^[46] The SNP Westminster Group ultimately submitted their audited accounts before the 31 May 2023 deadline.^[47]

Legal costs from the investigation were reported to have contributed to the SNP having financial difficulties by April 2023.^[48]

On 18 April 2023, Colin Beattie was arrested in connection with the investigation.^[49] He was released without charge pending further investigation later the same day.^[50] He resigned as party treasurer the next day.^[51] MP Stuart McDonald was appointed as the new treasurer.^[52]

In May 2023, Murray Foote, previously SNP media chief, openly denounced the conduct of the Police Scotland investigation, saying that the possibility that Branchform is a "wild goose chase" should be considered, and warning of "serious consequences for the investigating authorities" should no charges be brought. Foote also denounced the search of Sturgeon and Murrell's home: "The use of forensic tents and a whole platoon of plod at the house turned a routine process into a grotesque circus, compounded by the storming of SNP HQ."^[53] Foote also insisted on Peter Murrell's innocence: "First minister Sturgeon and her husband lived under crushingly intense scrutiny. It is inconceivable to me that Peter would so much as consider doing something dodgy lest it rebound and put his wife in jeopardy."^[54]

Sir Iain Livingstone, then Chief Constable of Police Scotland, defended the investigation at a meeting of the Scottish Police Authority on 25 May 2023, saying that; "A diligent, thorough and proportionate criminal inquiry is being conducted with integrity. I have previously asserted and will reassert today that I would fiercely resist any attempt to bring political pressure to my decision making or upon any police operation."^[55]

Sturgeon was arrested on 11 June 2023. Later that day, she was released without charge.^[56] Some SNP politicians, including Ash Regan MSP, called for Sturgeon to be suspended from the party, but new leader Humza Yousaf said he would not suspend her as she had not been charged.^[57]

By the end of June, the SNP was reported to be ready to submit audited accounts to the Electoral Commission ahead of a deadline of 7 July. However, the party's Manchester-based auditors, AMS Accountants Group, qualified their audit of the accounts owing to missing documentation related to membership, donations, and raffle income for the period of 2021–2022. The SNP insisted that this was due to "administrative processes", and that "there is no suggestion that the accounts do not present an accurate picture of the party’s financial position."^[58]

In July, the police said the operation had grown beyond the initial allegation of fraud^[59] and would now look at potential embezzlement and the misuse of funds.^[4] That month, the outgoing Chief Constable, Sir Iain Livingstone, re-iterated his defence of the investigation, telling the BBC's Today programme that the time taken was proportionate to the allegations of fraud and embezzlement because of the need to obtain information from banks and other financial institutions. Addressing allegations that the search of Sturgeon and Murrell's house was heavy-handed, Livingstone described the search as proportionate to the circumstances, and specifically addressed the forensic tent: "The tent was there, as were all the other measures, to protect the interests of justice and to protect the individuals involved."^[60]

In August 2023, Murray Foote was appointed chief executive of the SNP.^[61] In view of Foote's previous comments on Operation Branchform, both the Scottish Liberal Democrats and Scottish Conservatives called on the SNP to give new assurance that it would continue to co-operate with the police inquiry.^[62] Speaking to the Daily Record, SNP leader and First Minister Humza Yousaf rejected Foote's past comments on the investigation and re-iterated that the party would cooperate fully with the police.^[63]

In late August 2023, Police Scotland confirmed that they were assessing a complaint referred to them by Greater Manchester Police. This complaint alleges that the SNP recorded unregistered cash gifts as money brought in by fundraising to conceal a "cash for seats" operation, whereby donors were prioritised for selection for elected seats.^[64]

In November 2023, two former sheriffs, Kevin Drummond KC and Douglas Cusine, of the legal group Quis, warned that the Crown Office and Procurator Fiscal Service raised questions over the "protracted period of time" taken by the investigation. Drummond and Cusine said that; "The Crown is likely to have been kept up to date with the nature of the inquiry. If that is correct it can only be conjectured that either the Crown has instructed further investigation of elements of that report, or the delay is not on the part of the police but on the part of the Crown." They further added that; "In the absence of any explanation by Police Scotland or the Crown Office, the delay in such a high profile case is capable of stimulating perceptions of cover-up. For that reason alone, it can be said that the Crown Office should offer a public explanation for the lack of progress." The Crown Office said that Police Scotland had yet to submit a report to them. Sean Clerkin, who made the original report to the police, claimed that the police were "dragging their heels".^[65]

By December 2023, Police Scotland was reported to be investigating over 1,000 alleged instances of fraud as part of Operation Branchform, including the provenance of a Jaguar I-Pace worth up to £95,000 that had been bought by Peter Murrell in 2019. The car was photographed on the driveway of Murrell and Sturgeon's home in March 2021, but was reported to have been sold later that year through the car trading service We Buy Any Car.^[66]

In January 2024, it was reported that the SNP had failed to declare to the Electoral Commission two loans worth a total of £15,000 made by Peter Murrell to the party in 2018. The loans were only declared in October 2023. Both loans were for £7,500. One was paid back within two days, while the other was paid back within two weeks. At the time the loans were made, parties were obliged to report donations higher than £7,500. Smaller donations from a single donor which exceed the reporting threshold when taken together also needed to be reported. The SNP accepted that "as both loans were in the same calendar year, they should have been reported". The Electoral Commission said that it would consider enforcement action over the late reporting of the loans, but would not act until the police investigation had concluded.^[67] The same month, Police Scotland was investigating claims that signatures were forged on documents related to SNP finances, with the named person denying that they had written the signature, or having any knowledge of the documents.^[5]

By the end of February 2024, it was reported that Police Scotland had requested to re-interview SNP staff as part of the investigation, including those who were not in place when the inquiry began. The Times reported that the move was directed by the Crown Office.^[68]

On 18 April 2024, Peter Murrell was re-arrested and charged with embezzlement. He was released from custody the same day, and later resigned his membership of the SNP.^[69]

On 23 May 2024, the police sent a report on their findings to Scotland's prosecution service.^[70] A Crown Office and Procurator Fiscal Service spokesman confirmed that it received a report in relation to Peter Murrell and that an investigation into two other individuals "a man aged 72 and a 53-year-old woman" were still ongoing.^[71]

Following the 2024 United Kingdom general election, where the SNP lost 39 Westminster seats and was reduced to the second-largest party in Scotland, former SNP MPs blamed the ongoing police investigation for the scale of the defeat: Tommy Sheppard, who lost his seat to Scottish Labour, remarked; "And then there was the elephant in the room. Operation Branchform. Never mentioned, always there. Hard to fight an election with your former leaders awaiting charges, especially when many of the public perceive little distance between now and then."^[72] Mhairi Black, who stepped down as MP for Paisley and Renfrewshire South, described the investigation as reflective of deeper structural issues within the party.^[73][74]

On 14 August, in an interview with Sky News, Chief Constable of Police Scotland Jo Farrell confirmed that Operation Branchform was still ongoing and that Nicola Sturgeon and Colin Beattie remain under investigation.^[75] Sky News reported that Farrell said that the police were unable to "say when Operation Branchform will end". In response, SNP MSP for Glasgow Cathcart, James Dornan, shared the post on Twitter and wrote: "I have May 2026 in the draw." As the next Holyrood elections are due to be held on 7 May 2026, Dornan's comments were interpreted by many as implying that the police investigation was politically-motivated. Dornan further denounced the investigation as a "farce" in conversation with other Twitter users: "The minute we're seen to even attempt to interfere in police business we would, rightly, be slaughtered. The whole thing is a farce imo [in my opinion] and there are questions for the police to answer but we need to keep our distance... I don't think it's affecting party members much, they see it for what I see it, but it does allow others to use it as a weapon whilst pretending they care about truth and honesty."^[76]

On 22 August, the SNP's accounts for 2023 were published by the Electoral Commission. The accounts showed that the party still owed Peter Murrell £60,000 for a loan of £107,620 made three years previously to support cash flow after the 2021 Scottish Parliament election. The party reported a surplus of £661,568, after reporting a deficit of £804,278 in 2022. However, this was largely accomplished from two levies on party branches, which raised £670,000 to support campaigning in the 2023 Rutherglen and Hamilton West by-election and the 2024 UK general election. The party's auditors, AMS Accounts Group of Manchester, again issued a "qualified opinion" owing to missing documentation.^[77]

On 5 September, it was reported that Police Scotland had asked prosecutors for further guidance on the direction of the investigation into Nicola Sturgeon and Colin Beattie. An Advice and Guidance Report was sent to the Crown Office and Procurator Fiscal Service, detailing the progress of the investigation so far and asking for formal direction on how to proceed. A police spokesperson said: "On 9 August, we presented the findings of the investigation so far to the Crown Office and Procurator Fiscal Service and we await their direction on what further action should be taken." The Crown Office said the police report is under consideration. At this point, senior Crown Office lawyers were still considering whether there was sufficient evidence to prosecute Peter Murrell and whether it would be in the public interest to do so.^[78] In October 2024, nearly two months after submitting the Advice and Guidance Report, Chief Constable Jo Farrell confirmed that Police Scotland had yet to receive a response to the report and "was still awaiting direction".^[79]

On 5 October, Sean Clerkin, who made the original complaint to police in 2021, expressed frustration at the protracted nature of the investigation, and claimed to have been subject to persecution from other Scottish independence supporters: "All these years down the line I have been persecuted by nationalists who have persecuted me on social media and at rallies. Threatening to do me in, threatened to take me out and I have had death threats." Clerkin called for the investigation to be ended by the end of 2024 so it would not overshadow the 2026 Holyrood elections. Criminal defence lawyer Thomas Leonard Ross KC also expressed concern at delays in the investigation: "Once somebody is charged then they have the right to a trial within a reasonable time. Before a person is formally charged, there might be an argument as to whether the clock is efficiently running. There is absolutely no doubt that it is running in relation to Mr Murrell, so certainly the police and Crown office have to be alive to that. The police inquiry cannot go on indefinitely."^[80]

On 6 October, the Sunday Mail reported that prosecutors were investigating claims that over £100,000, supposedly spent on refurbishments to SNP party headquarters, was paid to a non-existent company. A major high street bank was reported to have flagged transactions connected with SNP accounts in 2023, with a source saying; "One of the biggest items being looked at is a six figure sum which on paper appears to have been spent creating a media suite at the Edinburgh offices. There are receipts but it is unclear whether the company named on receipts really existed." The police were said to be investigating embezzlement of up to £500,000, of which one of the largest items related to work on SNP HQ.^[81]

On 28 October, in a letter to the Herald, former SNP depute leader Jim Sillars expressed concern over delays in the investigation. Sillars compared the SNP's administrative arrangements to that of "a very small company", and questioned why "with only three people originally taken to a police station for questioning, and the small size of the SNP management core, apparently no conclusion can be reached after three years of police investigation and references to the Crown Office." Sillars suggested that the delays showed that the Crown Office was "unable to disentangle law from politics."^[82]

• 2023 Scottish National Party leadership election