SECRECY ROW AS SALMOND PROBE BEGINS
Swinney refuses to hand over key papers – despite legal threat
A SECRECY row is threatening to engulf the inquiry into a botched government probe over harassment complaints against Alex Salmond.
Deputy First Minister John Swinney yesterday refused to hand over key legal documents to the inquiry despite facing the threat of legal action to force him to release them.
Mr Swinney claims some of the evidence is too sensitive to be made public.
His defiant stance has set the SNP government on a collision course with the Holyrood committee which is conducting the investigation as it begins questioning witnesses today.
Scotland’s top civil servant, Permanent Secretary Leslie Evans, has already been accused of ‘evasiveness’ after rejecting a bid by the committee to access legal documents relating to a judicial review brought against the government by Mr Salmond.
She also claimed civil servants should not
appear before the committee as individuals but as part of a group.
Mrs Evans is expected to be among the first witnesses quizzed.
Committee convener Linda Fabiani has warned Mrs Evans she will ‘not hesitate to explore all options available’ to make officials hand over all relevant documents.
The committee is threatening to use Section 23 of the Scotland Act, which would force ministers to give up the papers.
But yesterday Mr Swinney confirmed the Scottish Government would not concede and rejected a bid by MPs to access civil servants and government files.
Last week it emerged that ministers were using ‘legal privilege’ to deny the Holyrood committee access to key evidence relating to Mr Salmond’s judicial review.
The move was revealed in a tranche of evidence received by the committee on the handling of harassment complaints.
In a letter to the committee, Mr Swinney said that if the government is to waive legal privilege in this case it could undermine the ability of ministers to receive ‘full and frank’ legal advice.
He said: ‘This would not be in the interests of good government and the upholding of the rule of law.’
But Murdo Fraser, one of the Conservative representatives on the Salmond inquiry, said: ‘If we only receive part of the evidence, we will only be able to produce part of an inquiry report.
‘The Scottish public want scrutiny, not more secrecy. Nicola Sturgeon and Leslie Evans can’t pick and choose what evidence the inquiry gets to see.’
Labour MSP Jackie Baillie said: ‘The public have a right to know how the Scottish Government handled the allegations of sexual har assment and whether taxpayers’ money was appropriately spent.’
Speaking to the BBC about the inquiry, Miss Sturgeon said: ‘There will be an element of relief because lots of things have been said about me in the last couple of years that I’ve not been able to address because of other proceedings.’
Mr Swinney claimed that not having access to the evidence would not impede the Scottish parliament inquiry as the government would explain the reasons for its legal positions directly.
But it means the committee does not have access to key documents used during the judicial review.
Mr Swinney has argued that a court undertaking means that ministers cannot release certain information.
He claimed court papers were now property of the courts after being used in the judicial review.
Mr Salmond launched the successful review over the handling of the investigation of harassment complaints made about him.
He was cleared of 13 sexual assault allegations in March, including attempted rape.
‘The public have a right to know’