Alex Salmond inquiry: 'Unprecedented action' as committee invokes legal power to view Crown Office documents

MSPs have taken the unprecedented step of invoking the legal power of Holyrood committees to compel organisations to hand over documents in order to shed light on the Scottish Government's handling of harassment complaints against Alex Salmond.

Alex Salmond has been offered a final chance to give evidence in front of the committee.

The Harassment Complaints Committee decided following a meeting on Friday to invoke Section 23 of the Scotland Act 1998 to force the Crown Office to hand over documents relating to the inquiry.

It is the first time in the history of the Scottish Parliament these powers have been used.

In invoking Section 23, MSPs have demanded access to documents held by the Crown Office in relation to the details of complaints being leaked to the Daily Record in August 2018.

They have also requested WhatsApp messages sent between the chief operating officer of the SNP, Sue Ruddick, and other members of the SNP and Scottish Government between August 2018 and January 2019.

The committee’s convener, Linda Fabiani, said: “Throughout this inquiry, the committee has been determined to get as much information as possible to inform its task.

“This is a step that hasn’t been taken lightly and is a first for this Parliament, but which the committee felt was needed as it continues its vital work.”

Scottish Labour interim leader and committee member Jackie Baillie said: “This unprecedented action is necessary to cut through the web of secrecy that the Scottish Government has woven and to allow the committee to live up to its remit.

“At every turn, the SNP Government has sought to hide vital material from the committee in a vain effort to leave it a toothless entity; a talking-shop without power.

“Enough is enough – the secrecy must end. The committee must receive the documents requested forthwith so that the truth of this sorry affair can be uncovered.”

The inquiry has also been forced to again request sight of the legal advice to the Scottish Government on the judicial review case.

In a letter to the deputy first minister John Swinney, Ms Fabiani states the committee’s “ability to fulfil its remit in reporting to Parliament will be directly impacted upon if the Government does not do so”.

Reacting, the Scottish Conservative spokesman on the Salmond inquiry, Murdo Fraser, said: “The Scottish Parliament has twice called for the legal advice to be published and yet the committee is once again having to demand that it is released.

“The committee has consistently been blocked from performing its remit by SNP ministers. The level of obstruction has been extraordinary.

“We have escalated our requests to seek further documents from the Crown in an effort to uncover how the government let down women so badly and lost more than £500,000 of taxpayers’ money.”

Letters published by the inquiry also show the former first minister Alex Salmond will not appear on the ‘take-it-or-leave-it’ date of Tuesday, February 2.

The committee, in a final attempt to ensure his appearance, have requested he appear in person on Wednesday, February 3 or virtually on February 1 or February 4.

In a letter, Ms Fabiani states: “If you remain unavailable on February 2, and cannot attend on any of the alternative dates offered in that week, then the committee regrets that it will not be able to take oral evidence from you.”

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