MSPS demand Scottish Government publishes secret Salmond legal advice

SNP ministers are considering whether to publish the legal advice behind their doomed legal battle with Alex Salmond after suffering a Holyrood defeat on the issue.

MSPS last night voted by 63 to 54 to demand the release of the advice, which Nicola Sturgeon’s ministers have repeatedly refused to disclose. There were five abstentions.

The non-binding vote followed claims the advice could clarify whether the Government abused public funds in a “sinister” way to pursue a “vendetta” against Mr Salmond, as his supporters claimed.

There was also cross-party anger over the Holyrood inquiry into the Salmond affair being treated with “contempt” by the Government.

The inquiry is examining how the Government botched a probe into sexual misconduct claims levelled against Mr Salmond in 2018. He had the exercise set aside in a judicial review after showing it had been “tainted by apparent bias”, leaving taxpayers with a £512,000 bill for his costs.

The former first minister was found not guilty of 11 sexual assault charges by a jury in March.

After the Government’s case collapsed in January 2019, Ms Sturgeon gave an undertaking to Parliament to “provide whatever material” the inquiry requested. However, her officials and ministers have since tried to block witnesses and withhold evidence, including the legal advice, despite waiving legal privilege over similar advice for three judge-led inquiries.

Deputy First Minister John Swinney yesterday argued publication was not in the public interest, saying it could prevent ministers being given full and frank advice in future.

After the vote, he said: “Ministers always seek to respect the decisions taken by Parliament. I will now consider the implications of the motion with my ministerial colleagues, consistent with our obligation in the ministerial code, and will advise Parliament accordingly in response.”

Tory MSP Murdo Fraser, whose motion led to the vote, said there was “nothing in law” preventing publication, only a long-standing convention that could be waived.

He said disclosure would show if the Government’s defence of the civil case was sound or, as Mr Salmond’s allies believe, a politically motivated vendetta against Ms Sturgeon’s estranged predecessor.

He said the vote sent “a clear message that the SNP don’t get to make their own rules and decide what constitutes transparency”.

Labour MSP Jackie Baillie said: “It is time for the Government to end the secrecy. Give the inquiry the advice or tell the people of Scotland what it is that you have to hide.”

Libdem MSP Alex ColeHamilton said: “It will be interesting to see if its contents match the claims by ministers and officials.”

Green MSP Andy Wightman said the elected parliament was a better barometer of the public interest than the Government, which was an “interested party”.