Sturgeon is told to publish secret legal advice on Indyref2

SNP ministers have been ordered to make public a part of their secret legal advice on the possibility of preparing a second independence referendum without Boris Johnson’s authority.

Daren Fitzhenry, the Scottish Information Commissioner, said disclosing some of the advice would “significantly enhance public debate on this issue”.

Although government legal advice is usually kept secret, Mr Fitzhenry ruled that the SNPS’ decision to release guidance it received around the Alex Salmond legal case had set a precedent.

He gave Nicola Sturgeon, the First Minister, until June 10 to publish specific parts of the advice which he set out in a schedule. Ministers can appeal the decision at the Court of Session.

Senior sources said part of the disclosure was “not unhelpful” to the SNP as it made clear Scottish ministers could lawfully use public money and civil servants to prepare another independence referendum, even though constitutional issues are matters reserved to Westminster. Ms Sturgeon wants to stage another vote by autumn 2023.