SNP court challenge over EU legal advice described as ‘unfortunate’ by Rosemary Agnew

By SCOTT MACNAB
Published on 19/09/2012 01:40

The Scottish Government’s decision to mount a court challenge against a ruling that it should reveal whether it has received legal advice on the status of an independent Scotland in the EU was described as “unfortunate” by Information Commissioner Rosemary Agnew yesterday.

The case is expected to come before the Court of Session this week, but Ms Agnew says she has not changed her position on the controversial ruling.

Alex Salmond has insisted he cannot release the information about legal advice to protect the freedom of non-politicians to provide such advice.

But Ms Agnew said yesterday: “My decision was requiring ministers to either confirm or deny whether or not they hold the legal advice.

“What I’m not doing is saying whether or not you have legal advice, tell us, then release it.

“The fact that the government disagrees with my decision and have decided to appeal is something that is unfortunate, but, ultimately, while I can appreciate it’s of huge interest to a lot of people, it is now subject to judicial process.”

But Ms Agnew stressed: “My position is exactly as it was set out in my decision.”

The SNP insists that an independent Scotland would automatically remain in the EU, but if it was forced to reapply it could be forced to join the troubled Euro and sign up to plans for an EU super-state.