MSPs back calls to publish Holyrood legal advice before Salmond case fell

MSPs have backed calls to publish legal advice the Scottish Government received before the collapse of its civil case against Alex Salmond.

Conservatives secured cross-party support for their motion urging the government to stop withholding advice it received before Mr Salmond’s victory in the judicial review.

They argued the move is crucial if the Salmond inquiry is to determine the truth of claims the government pursued a “vendetta” against the former first minister.

The vote is non-binding and not legally enforceable. Deputy First Minister John Swinney said he will discuss the “implications” and advise parliament.

The Holyrood inquiry, set up in the wake of Mr Salmond’s successful civil court case, has demanded sight of the legal advice.

Its plea has been rejected by the Scottish Government under the long-standing convention of “legal privilege”.

Flaws in the government’s internal inquiry into Mr Salmond’s behaviour resulted in him winning his civil court battle and receiving more than £ 500,000 for his legal costs.

Committee member Murdo Fraser led the debate, saying Mr Salmond’s allies believe the legal advice was not to defend the judicial review case as there was very little chance of success.

If that was the advice, it was “irresponsible and reckless” to defend the case regardless, he said.

He went on: “More worrying still is the accusation that this decision was made on political grounds and, in effect, the Scottish Government were pursuing a vendetta against the former first minister, and using public funds to do so.”

Mr Fraser added that the claim “may be nonsense” but it was impossible for inquiry committee to reach a view without sight of the legal advice.

Responding for the government, Mr Swinney argued legal privilege allows “open and candid legal advice” from lawyers to ministers.

Alex Salmond.