Letters at centre of ‘irregular’ Crown Office intervention to remain secret

Letters at the centre of the Crown Office intervention around the publication of Alex Salmond’s submission on the ministerial code will remain secret after Holyrood officials decided they would not be released. correspondence from the prosecution service was part of an intervention labelled “highly irregular” by Mr Salmond and led to a fractious week in Holyrood, with the Lord Advocate forced to answer questions in front of MSPS about the move.

The intervention saw the former first minister’s submission to the Salmond inquiry on the alleged ministerial code breach by Nicola Sturgeon published before being removed, redacted and reuploaded.

It led to Mr Salmond pulling out of his initially agreed evidence session before a frantic reorganisation for his appearance later the same week.

It also led to questions about the separation of the powers between the government and the prosecution service, with the Scottish Conservatives arguing the intervention pointed to the “inherent conflict” of the Lord Advocate’s dual role as law officer and head of the Crown.

James Wolffe QC and the Scottish Government rejected claims they acted improperly.

In a response to a Freedom of Information request, Holyrood officials confirmed two external solicitors, both representing two different unknown third parties, had contacted the Scottish Parliament’s Corporate Body (SPCB) to express their views on the submission’s publication.

The identities of the two third parties will remain unknown, with Holyrood stating that court orders for one party and requirements to protect personal information for the other third party would mean they both must be kept anonymous and their correspondence secret.

This is alongside correspondence from the Crown Office and Rape Crisis Scotthe land, who also contacted the SPCB during the deliberations around the publication of the submission.

Holyrood officials also confirmed three emails from one SPCB member, and legal advice from internal and external solicitors alongside senior counsel would be kept secret as their release was considered “not in the public interest”.

All correspondence between the Crown and the SPCB will remain secret, officials said, due to concerns around breaching court orders and to protect personal information.

Correspondence from Rape Crisis Scotland will also remain secret.

Reacting, the Scottish Conservative spokesperson on the Salmond Inquiry, Murdo Fraser, said there was “clearly severe pressure” exerted on Holyrood by the Crown.

He said: “While there is a clear duty to protect the names of any complainants, there should not be a blanket refusal over releasing discussions that were made at such a critical point in the inquiry.”