The Scottish Government has refused to release information relating to a Holyrood inquiry into the botched Alex Salmond investigation.
Nicola Sturgeon’s administration has cited legal privilege as a reason for why some material will not be disclosed.
A Holyrood source said: “The Scottish Government promised to be open and transparent - it looks like they have fallen at the first hurdle.”
In 2018, Sturgeon’s Government investigated allegations of sexual misconduct when Salmond was First Minister.
Salmond pursued a judicial review and was vindicated when the internal investigation was ruled to be biased and unlawful.
A committee of MSPs was set up to investigate a fiasco that has cost over £500,000 of public money.
As part of the committee’s work, MSPs asked the Government for information relating to the judicial review and a written statement.
However, the Government’s response states that “legal professional privilege” restricts what they can hand over:
“The Scottish Government asserts its privilege over all communications it holds about or in relation to legal advice to the Scottish Government and litigation involving the Scottish Government.
“That is not to say that the Scottish Government will not give a full account of its legal position at various points, just that, in accordance with usual practice, it will not disclose the internal processes of taking and receiving advice or the scope and nature of any requests for legal advice or any legal advice provided.”
However, the Scottish Ministerial Code makes clear that legal advice can be published: “If, in exceptional circumstances, Ministers feel that the balance of public interest lies in disclosing either the source or the contents of legal advice on a particular matter, the Law Officers must be consulted and their prior consent obtained.
“Such consent will only be granted where there are compelling reasons for disclosure in the particular circumstances.”
Information published on the Committee’s website includes an 11 page statement, as well as two other documents totalling 14 pages.
One of the documents includes six pages that are redacted in full.
In the written statement, the full cost of the court case to the taxpayer has been published:
“An interim payment of £346,000 was agreed to and paid by the Respondents on 13 May 2019 whilst negotiations in relation to a final sum continued. Parties agreed a final amount of £512,250, and the balance of £166,250 was paid on 2 August 201917.”
Lib Dem MSP Alex Cole-Hamilton said: "This evasivesness on the part of the Scottish Government does not serve them, or the people of Scotland, well.
"This saga has already cost the taxpayer more than £500,000. It is a slap in the face to not allow the Parliamentary inquiry access to unredacted versions of these documents. The First Minister should acknowledge where the public interest lies and order unredacted versions of these documents to be handed over."
A Scottish Tory spokesperson said: “This committee is going to be vitally important in scrutinising exactly what went on in this case.
“Transparency is absolutely key to ensuring the wider public know exactly what went on.
“We would hope that will be fully considered by the Government in any requests for evidence going forward from the committee.”
