Holyrood inquiry: Sturgeon’s Deputy First Minister agrees to release advice he received over Salmond

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Scotland’s Deputy First Minster today agreed to release key legal advice he received over Alex Salmond’s judicial review in a ‘pathetic’ U-turn, following threats of a no-confidence motion.

The advice relates to the former First Minister’s successful legal challenge of the Scottish Government’s harassment complaints procedure, which led to Mr Salmond being awarded more than £500,000.

SNP deputy chief John Swinney said that subject to the mandatory legal checks and processes, the Scottish Government will release ‘the key legal advice’ in order to counter ‘false claims being made by some’.

The Scottish Tories submitted a motion of no confidence in Mr Swinney at Holyrood yesterday after accusing him of failing to comply with two parliamentary votes calling for the publication of legal advice.

Tory whip Miles Brigg MSP said he will not withdraw the Motion of No Confidence until MSPs are given assurances that SNP Ministers will deliver everything the committee has requested. 

The Scottish Government has now said that key legal advice that underpinned the Scottish Government’s defence of the judicial review taken by Mr Salmond will be released tomorrow, in a move branded ‘pathetic’ by Scottish Tory leader Douglas Ross.

The ultimatum came after Mr Salmond warned that, if the case was pursued with Nicola Sturgeon’s knowledge against advice, this would be a breach of the ministerial code. 

Mr 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.’ 

If the motion goes to a vote, it would be the second time in less than a year that Mr Swinney would face such a debate on his position after he survived a no-confidence in August thanks to the Scottish Greens.   

Ministers have been accused of attempting to obstruct the Holyrood inquiry into the affair, which left taxpayers with a bill of more than £500,000 paid out to Mr Salmond to cover his legal fees.

The Scottish parliament has twice voted to compel the release of the advice ministers and officials obtained during the judicial review brought about by the former SNP leader.

However, they have so far refused to do so, citing legal privilege. In January 2019, the Government was forced to admit it had acted unlawfully and its investigation had been ‘tainted by apparent bias’ after Mr Salmond successfully challenged its investigation into complaints against him.

The outcome of the probe was set aside when it emerged that the investigating officer had prior contact with two women who made allegations against Mr Salmond.

It was previously revealed that the issue had been identified months before the Government conceded.

But the inquiry is keen to know when ministers and officials were advised to drop their defence – and admit defeat. 

Mr Swinney’s decision has received the prior agreement of the Law Officers in line with paragraph 2.40 of the Scottish Ministerial Code.

Ahead of release, under the General Data Protection Regulation, legal notifications to individuals impacted are required.

The Scottish Government said that these are expected to be complete and, subject to them, the Parliament will receive the material immediately thereafter.

The Scottish Conservatives hoped to secure the publication of the legal advice before Nicola Sturgeon appears at a Holyrood committee on Wednesday. 

Mr Briggs tweeted: ‘I will not withdraw the Motion of No Confidence until MSPs are given assurances that SNP Ministers will deliver everything the Committee has requested.

‘The votes of Parliament must be respected and heeded by SNP Ministers.’

Scottish Tory leader Douglas Ross said: ‘Despite two votes in the Scottish Parliament demanding the legal advice be published, John Swinney only backed down and U-turned to save his own skin.

‘It’s a pathetic reveal of what motivates the SNP. It’s not about getting to the truth, it’s only about self-preservation.

‘But the Scottish Conservatives will not remove our no-confidence vote motion until the Government guarantees it will fully publish the legal advice.

‘The Deputy First Minister is not in the clear yet. He must go further and fully publish the legal advice or we will not hesitate to force him out.’

Scottish Labour leader Anas Sarwar tweeted: ‘It shouldn’t have taken the fact he was going to lose his job for him to do the right thing and release the legal advice. Parliament is bigger than any party.’

Other opposition parties supported the motion due to Mr Swinney’s role in the scandal surrounding estimated pupil exam grades.

Responding to the latest motion, the Greens indicated they would support the no-confidence vote if the legal advice remained unpublished.