Sharing legal advice not in public interest, says Swinney

WAIVING legal privilege to hand over vital evidence relating to the botched probe into Alex Salmond is not in the ‘public interest’, according to the Deputy First Minister.

John Swinney yesterday said there were no ‘compelling reasons’ to share Scottish Government legal advice with a Holyrood inquiry. It is the latest development in a growing secrecy row between ministers and the committee investigating the handling of harassment complaints.

Last week it was disclosed that the Government had previously waived legal privilege for three judge-led inquiries. But in a letter to committee convener Linda Fabiani, Mr Swinney said the ministerial code states ‘disclosure will be made only if, in exceptional circumstances, ministers feel that the balance of public interest lies in disclosing the source or the contents of legal advice on a particular matter, and... consent to disclosure will only be granted where there are compelling reasons’.

Mr Swinney said every situation is ‘assessed on its own merits and circumstances, including (and not limited to) the public interest but generally and in relation to the maintenance of confidentiality (and) the prospect of future litigation on the matters at hand and the impact on the operation of the Scottish Government in the future as a result of disclosure’.

The documents relate to a judicial review which Mr Salmond won against the Government over its handling of two complaints against him. He was awarded more than £500,000 of taxpayers’ cash in legal costs.

Mr Swinney claims the Government will set out its legal position during the inquiry.