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Daily Record
Daily Record
Politics
Paul Hutcheon

Scottish Government to hand over legal advice to Salmond Inquiry after u-turn

The Scottish Government will hand over their legal advice to the Salmond Inquiry after it looked like Deputy First Minister John Swinney could be forced out.

Ministers will release the disputed material tomorrow after twice defying votes at Holyrood.

A Holyrood committee is investigating the SNP Government’s botched handling of sexual misconduct complaints against Salmond when he was First Minister.

Salmond pursued a judicial review and it was agreed the internal probe, which destroyed his friendship with Nicola Sturgeon, had been unlawful and tainted by apparent bias.

He was separately acquitted of sexual offences after a trial last year.

A key issue is that the Parliament, in two separate votes, ordered the Government to hand over its legal advice in relation to the judicial review.

MSPs believe the Government was advised at an early stage that its defence was doomed and they are of the view the delay cost the taxpayer dearly.

Ministers have so far refused to hand over the material and have instead given the Inquiry sight of a report which summarises the advice. Swinney is handling the issue for the Government.

As a result of the standoff, the Scottish Tories lodged a motion of no confidence in Swinney which could trigger his resignation.

The pro-independence Greens today indicated support for the motion, which meant majority backing.

A statement by the party's MSPs read: “The Scottish Greens have previously voted to ensure that the Government's legal advice is made available to the Committee inquiry, and this remains our position.

“The Scottish Government now has just days left to agree the terms of the Committee's access to the information requested. Reaching an agreement on this which is acceptable to the Committee is clearly the only way to avoid a Vote of No Confidence."

The Green support has now led to a u-turn.

It is understood the Government will provide the Inquiry with the advice tomorrow.

It is also unclear whether there will be redactions.

Swinney said: “In normal circumstances, government legal advice is not released. Indeed, such is the importance of being able to get frank, private advice, it is almost unheard of for the legal advice to be released.

“But, we have to acknowledge that the issues at stake now are not normal. The very integrity of the legal system is being questioned.

“Serious allegations have been made. This material allows people to confirm that these allegations are false.

“We have already shared in private with the Scottish Parliament’s committee on these issues the substance of the advice.

“Now, we recognise that in order to counter to the false claims being made by some, we must go further. Subject to the mandatory legal checks and processes, we will release the key legal advice.”

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