Secrecy row over Sturgeon evidence
NICOLA Sturgeon has given evidence to an inquiry investigating whether she breached the ministerial code – but officials have refused to publish her written submission.
The First Minister has provided oral and written evidence to James Hamilton, QC, who is probing her involvement in the Alex Salmond affair.
The Scottish Government yesterday confirmed that Miss Sturgeon has spoken to Mr Hamilton but refused to publish the evidence submitted to the inquiry, saying it could ‘prejudice’ the case.
Last night, a legal expert insisted it was ‘utter nonsense’ to suggest a judge could be swayed by the publication.
And Scottish Tory MSP Murdo Fraser said: ‘The SNP Government are clearly prepared to go some lengths to stop this evidence getting into the public domain. Rather than be open and transparent with their evidence, they prefer to shroud it in secrecy, which only raises suspicions about what they have to hide. The whole affair stinks.’
The Scottish Daily Mail had asked the Government to provide copies of ‘all evidence’ sent to Mr Hamilton’s inquiry. Responding to the freedom of information request, officials said such disclosure ‘would substantially prejudice the effective conduct of public affairs’ – stating this was Mr Hamilton’s inquiry. They said disclosure would ‘lead to an unwarranted focus on some of the material’. But a legal expert said: ‘Their position is that as a judge he can’t reach a conclusion based on the information presented to him because he may be distracted by other unwarranted focuses.
‘That is an astonishing proposition. That is law school day one. Utter nonsense.’
The Scottish Government did provide links to evidence already published by Holyrood as part of its inquiry into the affair.
Mr Hamilton is investigating whether or not Miss Sturgeon breached the ministerial code by failing to report meetings she held with Mr Salmond in which they discussed harassment complaints against him. The SNP leader claims the meetings were on party business, so minutes were not necessary.
A Scottish Government spokesman said: ‘It would not be appropriate to release [the First Minister’s] written submissions while the independent adviser proceeds with the referral process.’
‘Astonishing proposition ... utter nonsense’