John Swinney has “not closed the door” on publishing Scottish Government legal documents on the Alex Salmond case.
The Deputy First Minister said releasing documents relating to the SNP Government’s botched investigation of sexual misconduct allegations by two female officials against Salmond was under “active consideration”.
Opposition parties at Holyrood have twice voted on the move after SNP ministers failed to comply with the first demand.
Swinney said: “We‘ve not refused twice, but I’ve said but the government’s original position was that we do not release legal advice, and no government releases legal advice, except in very exceptional circumstances.”
“What I’ve said is that we will consider the fact that parliament has voted in that way, that consideration is ongoing at the present moment, and that work is being undertaken to determine what approach we should take to responding to the votes that parliament.
"So, the issue is not closed, it’s very much under active consideration within the Scottish Government and I’ll update parliament as soon as I’ve got a conclusion.”
Speaking to Sky’s Sophie Ridge the SNP education Minister was asked when he might publish the legal advice and said he would make a decision quite soon.
He said: “There is a possibility that we might do that because parliament has asked us to do that, So, at no stage and I closing the door on this issue. I simply set out the fact that the government ordinarily, and that we’re not unusual in this respect, governments don’t publish the legal advice.”
A Holyrood committee is examining how in 2018 the SNP Government handled the investigation of sexual misconduct allegations against Alex Salmond.
The former First Minister pursued a judicial review and it was agreed the 2018 internal probe had been unlawful.
The government’s refusal to hand over the legal advice in relation to Salmond’s judicial review has become a running sore in the investigation by the committee of MSPs.
The debacle cost the taxpayer over £500,000 and ended the long-standing friendship between Nicola Sturgeon and Salmond, whose allies believe he was targeted by the Government he used to lead.
MSPs on the committee want to know when the Government was advised it was on course to lose the court battle.
Labour MSP Jackie Baillie has accused the Government of being “world leaders at dissembling, obstruction and secrecy”.
Lib Dem MSP Alex Cole Hamilton also suggested John Swinney could face a confidence motion as a result of the row.
