Inquiry demands release of Salmond legal advice by Friday
The Holyrood inquir y invest i g a t i n g t h e S c o t t i s h G o v - ernment's botched handling o f h a r a s s m e n t c o m p l a i n t s a g a i n s t A l e x S a l m o n d h a s requested that withheld legal advice be produced in the next two days.
In a letter to Deputy First Minister John Swinney, chair of the committee Linda Fabiani says that as a result of a parliamentary vote the Scottish Government must now disclose its legal advice that saw it lose a judicial review and pay the former first minister more than £500,000.
The SNP MSP writes t h a t despite repeated refusals to provide the advice by the Scottish Government as not being in the public interest and also against the Ministerial Code, it must now be produced.
In the passing of the resolution, brought by the Scottish Conser vatives last week, Mr Swinney said he would "con
sider the implications of the motion with my ministerial colleagues, consistent with our obligation in the ministerial code. I will advise the Parliament accordingly of our response”.
Ms Fabiani states in the letter: “The committee assumes that the outcome of the government’s deliberations on the will of Parliament will soon be forthcoming.
"Given the committee is taking evidence from the Lord Advocate and the Permanent Secretary on Tuesday 17 November on the judicial review, the committee requests that the Scottish
Government provides the legal advice without further delay and by Friday 13 November at the latest to allow members sufficient opportunity to consider it prior to the Permanent Secretary and Lord Advocate appearing before us.”
A S c o t t i s h G o v e r n m e n t s p o k e s p e r s o n s a i d a r e p l y would be made “in due course”. "As the Deputy First Minister has made absolutely clear, Ministers always seek to respect the decisions of Parliament, and are therefore now considering their response on this issue, consistent with their obligations under the Ministerial Code.”
In January 2019, the Court of Session ruled prior communication between investigating officer Judith Mackinnon and two women who came forward with complaints meant t h e i n q u i r y wa s u n l aw f u l . Lord Pentland added the Government's actions were "procedurally unfair and they were tainted with apparent bias".