Alex Salmond inquiry 'frustrated and disappointed' by Scottish Government's refusal to release evidence

The convener of the harassment committee, Linda Fabiani MSP, has written to Leslie Evans asked her to ‘revisit’ the decision.
The Salmond inquiry has expressed its 'disappointment' with the Scottish GovernmentThe Salmond inquiry has expressed its 'disappointment' with the Scottish Government
The Salmond inquiry has expressed its 'disappointment' with the Scottish Government

The inquiry examining how the Scottish Government handled harassment complaints against former First Minister Alex Salmond has said it is frustrated and disappointed by the lack of evidence submitted to the committee.

In a letter to Leslie Evans, the permanent secretary to the Scottish Government, committee convener Linda Fabiani MSP calls on the government to “revisit” their decision to withhold information from the committee.

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Last week, the Scottish Government told the inquiry that it will not hand over key legal evidence relating to the successful court action brought by Alex Salmond which cost the taxpayer £500,000 in expenses.

The committee said it was “particularly concerned” about the limited justification for the refusal, which was based on invoking legal privilege, and said there was “little reference” to transparency and scrutiny in the government’s submission.

Ms Fabiani wrote: “I am writing to express the Committee’s frustration and disappointment at the very limited amount of information the Scottish Government has chosen to disclose to the Committee in relation to the judicial review, which as you are aware is at the core of the Committee’s remit.

“The Committee is particularly concerned by the limited information the Scottish Government has offered to justify the grounds for applying legal professional privilege (both advice and litigation)

“The lack of detail provided on which documents the Scottish Government has decided to withhold of its own volition, including on the grounds of privilege as opposed to those which it cannot share as there are court imposed restrictions or data protection concerns;

“There being little indication of the specific categories of documents the Scottish Government is withholding, or the number of documents you have chosen to withhold under each category.

“Furthermore, there is little reference in your submission to the need to be transparent in order to enable the public to scrutinise the Scottish Government’s actions. Amongst other elements where the public has the right to expect the Scottish Government to be willing to be scrutinised, is the judicial review which cost the public purse in excess of £500,000.

"The Committee insists that you revisit your decision to withhold the vast majority of information related to the judicial review, with a view to markedly increasing how much you share given the need to act in the public interest.

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"The Committee will not hesitate to explore all options available to it to receive the documents it requires for this inquiry if the Scottish Government continues to refuse to provide documents and to provide an adequate explanation for withholding such documents.”

In their submissions to the committee last week, the Scottish Government said it ‘asserted’ its privilege over communications on the topic of the judicial review, and said it would not disclose them to the committee.

Instead the committee received just the 11 page letter alongside two supporting documents totalling an extra 14 pages.

The Scottish Government said: “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.”

Legal advice to ministers can be made public if ministers and the government’s law officers, their top legal advisers, agree that it can be published.

The inquiry will take evidence from the permanent secretary to the Scottish Government, Leslie Evans, at its next meeting on August 18.

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