Swinney admits there are no minutes from meetings with lawyers

No minutes are held of two meetings the Scottish Government held with its lawyers to discuss the legal challenge brought by former first minister Alex Salmond over the handling of harassment allegations against him.

MSPS on the Holyrood committee set up to investigate the government’s botched handling of the case had asked to see the record of conversations held on November 2 and November 13 2018.

Both First Minister Nicola Sturgeon and Scotland’s most senior civil servant, Permanent Secretary Leslie Evans, were at that later meeting, the Conservatives have claimed.

Scottish Tory leader Douglas Ross said: “The fact there are missing minutes from the meeting that Nicola Sturgeon herself attended confirms this is a cover-up. Crucial evidence has been hidden.”

Meanwhile, Tory MSP Donald Cameron said: “I’ve acted as counsel for the Scottish Government. At consultations, everyone takes notes.”

He added: “It is inconceivable these minutes don’t exist.”

The lawyers had already warned ministers of difficulties with the case, with papers showing on September 26 2018 senior and junior counsel advised of a “real risk that the Court may be persuaded” by a legal challenge “attacking various aspects of the investigation process”.

By December 17, however, Roddy Dunlop QC and Solicitor Advocate Christine O’neill said they were “firmly of the view that at least one of the challenges mounted by the petitioner (Mr Salmond) will be successful”.

They added that “we simply wish all concerned – and we include the first minister in this – to be absolutely certain that they wish us to plough on regardless” with the defence of the case.

While that legal advice has now been made public, Deputy First Minister John Swinney told MSPS on the Committee on the Scottish Government Handling of Harassment Complaints that no minutes are held for the meetings in question.

Mr Swinney said: “Although the attendees are known, and the committee is aware of these, we do not hold any minutes of these meetings.”

Scottish Labour deputy leader and committee member Jackie Baillie said: “The basic failure to ensure that there is a written record of key meetings speaks volumes about the way in which the Scottish Government approached the whole matter.”