ALEX Salmond allowed a ScottishPower lobbyist with close links to the SNP to agree the timing of a statement in which the First Minister opposed takeover plans for the firm.
Private e-mails obtained by Scotland on Sunday show Phil Henderson, head of public affairs for ScottishPower, had extensive access to Salmond ahead of the statement and even agreed a delay with his officials.
In February, Salmond went public to back Spanish energy company Iberdrola – the owner of ScottishPower – amid rumours it was about to be taken over by French firm EDF.
Salmond's political opponents last night described the access and apparent influence enjoyed by Henderson – a former SNP official – as "extraordinary". One Labour MP said she would refer the matter to financial watchdogs to check whether any rules had been broken.
But the SNP described the complaints as "contrived guff", and insisted the First Minister was merely protecting Scottish interests by speaking up against a rival bid that could have cost the country jobs and investment.
The controversy began in February, when rumours first surfaced that Iberdrola was about to be taken over by state-owned EDF. On February 6, Henderson e-mailed the First Minister's senior advisers, updating them on the discussions.
E-mails obtained under Freedom of Information legislation show that Henderson wrote: "Further to our conversation on Friday, you'll know FM (First Minister] has agreed to issue a statement in support of Iberdrola. I spoke to Alex on Friday and he agreed it was sensible to postpone any statement until later this week."
ScottishPower then asked Salmond's aides to update it on their plans so they could inform Iberdrola in Madrid.
Two weeks later, on February 24, the statement was issued. Prior to its release, one of Salmond's senior special advisers, Will McLeish, e-mailed press officers at the Scottish Government, saying: "I have been coordinating with ScottishPower's Phil Henderson … I will speak to Phil on Sunday morning ... and then call to ask for it to be released."
After the release, in a further e-mail to McLeish, Henderson writes: "Thanks again for all your assistance in pulling together the statement."
The revelations come after Salmond has been criticised over the access he has given to other powerful players, such as Donald Trump and hotel owner Donald MacDonald.
Industry insiders stressed last night that Henderson, a well-respected public affairs expert, was simply doing what any other person in his position would do and that there was no question of any wrongdoing on Henderson's, or ScottishPower's, part.
But Labour MPs last night claimed Salmond's actions could be open to accusations he breached rules on fair market trading.
Labour's Rosemary McKenna said: "These are utterly extraordinary e-mails. It is unprecedented for the First Minister to agree the timing of their releases with a company in a takeover bid.
"This is a serious matter and I am considering referring his actions to the relevant regulatory authorities for action."
The move comes just two years after the SNP mounted a vigorous campaign to prevent Iberdrola buying ScottishPower, when it claimed that the takeover of such a "strategically important company" was against Scotland's interests.
Former UK energy minister Brian Wilson added: "I am surprised by the degree of collusion between a political interest and a commercial one, particularly since the First Minister was just as hostile to Iberdrola at the time they were buying ScottishPower as he now is to EDF."
He added: "The problem with this kind of intervention is that it can rapidly become counter-productive. If EDF succeed in buying Iberdrola, of which ScottishPower is a relatively small part, they will be under absolutely no obligation to the Scottish Government."
But a spokesman for the First Minister said: "On a daily basis, hundreds of organisations are in touch with ministers and officials on a range of issues. The fact that a ScottishPower official was once employed by the SNP is irrelevant, as is the previous employment history of the many hundreds of people in contact with government."
He added: "When the First Minister decides to make a public statement on an issue of substantial Scottish interest, as on this occasion, it would be absurd for officials not to liaise with the relevant organisation.
"In the context of rising domestic fuel prices, there is already concern about lack of competition in the industry given the relatively small number of energy suppliers, and the prospect of that number declining further through takeover."
But claims the merger would reduce competitiveness were disputed last night by Energywatch Scotland, the consumer watchdog. Spokesman Graham Kerr said: "The company's costs would be lower if there was a buyout and so there would be both a dividend for shareholders and for consumers."
A spokesman for ScottishPower said the statement on the takeover had been Salmond's decision. "Phil Henderson has good relationships with … all levels of government from all parties," he said.
But the SNP is also facing questions about why it has not intervened with other firms, such as the Scottish-based British Energy, which is also facing a potential takeover by EDF.
One of the e-mails obtained under the Freedom of Information Act
