The Salmond Inquiry has been informed on how it can try to access key documents that have been withheld from MSPs.
Pam McFarlane, the director and principal clerk of session and justiciary, told a Holyrood committee that some information could not be handed over without a court order.
However, she added that Ministers and Salmond would be free to release documents without a court order.
MSPs are investigating the SNP Government’s botched handling of sexual misconduct allegations against Salmond when he was first minister.
Salmond challenged the internal Government probe in court and it was ruled the investigation had been unlawful.
A key part of the committee’s inquiry is on Salmond’s judicial review and how the Government prepared for it.
After being blocked from accessing key documents, the committee bypassed the Government and contacted the courts service directly.
In a letter to committee convener Linda Fabiani, McFarlane said some documents could be provided, but noted:
“I am unable to provide the Committee with the remaining documents you seek, without an order of the Court directing me to do so.”
That said, she made clear Salmond and the Government could help:
“There still remain a large number of parts of process which I consider to essentially constitute productions, which might usefully be borrowed by the relevant parties and made available to you without further recourse to the court.
“I could request that the parties borrow their productions back, since the process is at an end, and it would then be a matter of requesting them to deliver them to you.”
She added: “As an alternative to parties borrowing their productions and making them available to you, the Committee, represented by the Scottish Parliament Corporate Body, may wish to consider making an application to the Court for an order authorising access to the documents that the Committee wishes to consider in the context of fulfilling its remit. I can make no comment on whether such an application would be granted.”
