Redaction row ‘risks undermining rule of law’

A FORMER sheriff has warned that the Alex Salmond row risks undermining the rule of law.

Kevin Drummond, QC, said the Scottish parliament seems unable to investigate ‘a relatively uncomplicated issue of management at the heart of government’.

He added that the civil service was being ‘brought into disrepute’ by the affair.

Mr Drummond told the Scottish Legal News: ‘Concerns have been expressed... that the rule of law itself was in danger.

‘It has become clear that our present constitutional arrangements leave much to be desired.’

He criticised the redaction of Mr Salmond’s submission to the Holyrood inquiry which is investigating the Government’s botched probe into harassment claims made against him. The redacted document contains allegations Nicola Sturgeon broke the ministerial code. The Scottish parliament removed the submission and carried out redactions after the Crown Office issued a warning about a possible breach of a contempt of court order.

Mr Drummond said: ‘Once it’s already in the public domain you cannot unpublish it.

‘It seems to me that the exclusive consequence of that redaction was purely to deprive that witness of being able to refer to that part of the evidence.’

It comes after former Supreme Court judge Lord Hope said the Salmond row may highlight ‘weakness in our parliamentary system’, adding: ‘I am very surprised that the Crown Office can tell the Scottish parliament what it can and cannot do. That could not happen at Westminster. Does the Scottish parliament think it is at risk of being held to be in contempt of court? Or is it just not wanting to offend the Crown Office?’

Murdo Fraser, Scottish Tory spokesman on the Salmond inquiry, said: ‘This is a damning verdict on Scotland’s justice system from a respected former sheriff.’

The Crown Office and Procurator Fiscal Service said: ‘Prosecutors have acted independently and in the public interest.’