The Courier & Advertiser (Fife Edition)
‘Holyrood fuelling conspiracy theory’
The Scottish Government’ s failure to hand over legal advice to MSPs is fuelling theories Alex Salmond has been the victim of a conspiracy, one of his former advisers claims.
Writing in the Press and Journal, Campbell Gunn says he is unable to understand the stance Ni cola Sturgeon’ s administration has taken on the issue.
MSPs on the Holyrood committee investigating the Scottish Government’s handling of harassment claims made against Mr Sa lmond have been angered by the government’s reluctance to hand over the documents.
Mr Gunn expressed his view as the Scottish Conservatives threatened to launch a legal action in a bid to retrieve the information.
So far, the Scottish Government has yet to submit the legal advice it took in the run-up to a successful judicial review taken by Mr Salmond, which found the administration’s internal inquiry into his behaviour was unlawful and tainted with apparent bias.
T he government has argued the information is protected by legal privilege.
Mr Salmond’s victory in the civil court case cost the taxpayer more than £500,000 for the former first minister’s legal costs. In a separate criminal trial Mr Salmond was cleared earlier this year of all sex offence charges.
Mr Gunn, who was a special adviser to both Mr Salmond and Ms Sturgeon, wrote that he simply could not “see the logic” in the Scottish Government ’s position.
“If, as they say, they have nothing to hide, then surely they shouldn’t hide things,” Mr Gunn wrote. “Do ministers, advisers and senior civil servants have any conception of how their current position looks from the outside?
“When I was involved in the case as media spokesperson for Mr Salmond two years ago, during the judicial review, few, if any, of my former press colleagues actually believed any of the ‘Salmond conspiracy ’ allegations. Now most of them do. And that change in attitude is entirely down to the way the Scottish Government has dealt with the par l iamen tary committee.”
Supporters of Mr Salmond have claimed figures in government conspired against the former first minister by creating an antiharassment policy that was out“to get” the ex-politician.
Mr Gunn was critical of Lord Advocate James Wolffe’s appearance at the Salmond inquiry last week and his response to MSPs’ questions about the legal advice, accusing Scotland’s most senior law officer of“breath-taking” obfuscation.
He also claimed the government ’s botched handling of the claims against Mr Salmond would have cost the taxpayer “well in excess” of £1 million. His remarks were made as MSPs on the inquiry prepared to meet in private after Deputy First Minister John Swinney blocked two civil servants from giving evidence in public.
Mr Swinney argued that the appearance of the civil servants po sedan “unacceptable risk” of complainers being identified.
Scottish Tory leader Douglas Ross said he had instructed his party to start preparations to launch a legal action in an attempt to recover the advice.
Earlier this month a majority of MSPs voted in favour of calls for the Scottish Government to publish the advice. This week the Tories will try to force the issue again when the party brings a second Holy rood vote demanding the information is published immediately.
A Scottish Government spokesman said: “We are taking unprecedented steps to provide the committee with the information it has requested in line with data protection, confidentiality and legal restrictions – and it is completely incorrect to suggest otherwise.
“The deputy first minister has clearly set out the detailed consideration that the government is giving to the issue of whether legal advice can be revealed.
“Meanwhile, we are currently seeking agreement from the former first minister’s lawyers to the release of documents relating to the investigation of the complaints stage of their inquiry.
“We hope to be in a position to provide the relevant documentation that will enable Scottish Government witnesses to give their evidence on the investigation phase by December 1.”
If... they have nothing to hide, then... they shouldn’t hide things