‘Cover-up’ row as key Salmond deadline missed

SNP failure to submit legal advice an ‘outrage’

SNP ministers were last night accused of a ‘coverup’ after failing to meet a deadline for handing over legal advice to the Alex Salmond inquiry.

MSPs had demanded this be released by yesterday – with critics condemning the Scottish Government’s refusal to comply as a ‘democratic outrage’.

The advice was obtained in relation to the judicial review of the Government’s complaints handling process, an action brought by the former First Minister.

Yesterday, Deputy First Minister John Swinney refused to commit to allowing MSPs to see the advice and said he could not give a timetable for a decision.

Members of the Holyrood inquiry into the Government’s botched probe over complaints against Mr Salmond fear the refusal to hand over the legal advice is a bid to ‘ cover up’ the truth. The committee’s Jackie Baillie, Scottish Labour’s deputy leader, said: ‘This is extraordinary. By failing to hand over the l egal advice, the Deputy First Minister has shown utter contempt for the committee and the wishes of the Scottish parliament.

‘ This i s no l onger mere obstruction. This is a democratic outrage.

‘The committee is due to hear evidence from the Lord Advocate and the Permanent Secretary on Tuesday and will do so with one hand tied behind its back.

‘The lengths to which the Scottish Government is willing to go to hide essential information from the committee and protect its reputation are clear. The committee must show the same determination in uncovering the truth behind this sordid episode.’

Committee member Murdo Fraser, Tory MSP for Mid Scotland and Fife, said: ‘The SNP are taking something that was already a scandal – losing £500,000 of taxpayers’ money [in legal expenses] – and they are now throwing our entire parliamentary system into disrepute.

‘They are defying the will of the Scottish parliament and ignoring a cross-party committee of MSPs headed by an SNP convener.

‘For 18 months, they have deliberately blocked t he committee’s work and dragged their feet handing over scraps of information.

‘Hiding evidence is the definition of a cover-up.

‘At this point, how can the Government claim this is anything else? It’s an unlucky Friday the 13th for anyone who values accountability and transparency.’

The Holyrood inquiry was set up after Mr Salmond was awarded more than £500,000 in expenses last year, when the way allegations against him were dealt with was ruled to be unlawful.

The committee had set the Government a deadline of yesterday to hand over the legal advice it had obtained in relation to the review.

But in a letter, Mr Swinney told MSPs that ministers were ‘considering’ the issues around doing so. He added that the consent of senior lawyers was needed before any documents could be released.

He said that ‘ even if ministers take the decision that the balance of public i nterest favours disclosure’, they must obtain the prior consent of law officers and ‘that consent will be given only if there are compelling reasons’.

Mr Swinney added: ‘I cannot, therefore, give a specific timescale when an outcome will be confirmed, but I will aim to update parliament on progress on this matter as soon as possible.’

‘Even if a decision was taken to waive LPP (legal professional privilege) on the legal advice relating to the judicial review, further work would be required to i mplement that waiver.’