NICOLA Sturgeon has been accused of “sheer hypocrisy” after refusing to rule out defying Holyrood for a third time over legal advice about the Alex Salmond affair.
Tory group leader Ruth Davidson said the First Minister must have “something to hide” after ignoring the will of parliament, despite demanding others respect it when it suited the SNP.
The criticism followed MSPs voting on Wednesday for the second time in three weeks to demand the Scottish Government disclose the legal advice as soon as possible.
READ MORE: Alex Salmond inquiry: Nicola Sturgeon suffers new Holyrood defeat over legal advice
Deputy First Minister John Swinney said the Scottish Cabinet had discussed the matter on Tuesday but would not come to a final decision until after another discussion.
He gave no timetable for when that would be, despite the Holyrood inquiry into the Salmond affair rapidly running out of time to take oral evidence on the documents.
The inquiry is looking at how the Government botched a sexual misconduct probe into claims made against Mr Salmond in 2018, costing taxpayers more than £500,000.
The former First Minister had the exercise overturned in a judicial review by showing it was “tainted by apparent bias” from the start because the investigating officer appointed had been in prior contact with his accusers.
After the Government’s defence collapsed in January 2019, Ms Sturgeon told MSPs the inquiry could have whatever material it wanted, but has failed to live up to that promise.
The inquiry has repeatedly sought, and been denied, the legal advice on which the Government mounted and maintained its doomed defence of the civil action.
At FMQs today, Ms Davidson reminded Ms Sturgeon of her commitment to give the inquiry whatever it wanted, and the failure to deliver the legal advice as requested.
She said: “The blunt fact is this - the only reason that she is breaking her promise is because she has something to hide.
“During this shabby affair, the First Minister has gone from a self-professed master-of-details to conveniently forgetting key information, dates, meetings and conversations.
“The sheer hypocrisy of the First Minister and her government defying two votes of Parliament is overwhelming.”
She asked if it was true that the legal advice has been that the Government’s case was flawed and Mr Salmond was likely to win, yet the Government carried on.
Ms Sturgeon said it would be a breach of the ministerial code to release Government legal advice without the prior consent of the law officers.
She said a process was under way, led by Mr Swinney, to consider if the advice should be revealed.
She said: “The ministerial code sets out a process that ministers have to go through should legal advice be divulged and, just to remind the chamber and others watching, the starting point in the ministerial code is that ministers must not divulge the contests of legal advice unless certain tests are fulfilled and we are going through a process right now of consideration of those tests. That is the right and proper way to do this.
“Once that process has concluded the Deputy First Minister will update Parliament about the outcome of it.”
READ MORE: Christmas bubble guidance published by Scottish Government
Ms Davidson said the First Minister had repeatedly demanded others respect the will of the Scottish Parliament when it suited her politically, yet had defied it twice so far, and asked if she would do so again if MSPs voted for a third time in favour of releasing the advice.
The First Minister did not address the question directly.
Afterwards, Ms Davidson said: “Nicola Sturgeon dodged the charge that she knew the government’s case was doomed for months before they conceded, costing taxpayers around a million pounds and utterly failing the women who came forward.
“The cynical obfuscation we are seeing serves to confirm why this legal advice needs to be brought into the open.
“The First Minister’s defence today was flimsy in the extreme – and even she concedes the Ministerial Code doesn’t actually stop a government from publishing legal advice. So she should do what Parliament is demanding and put the information into the public realm.”
Meanwhile, the inquiry has challenged Mr Swinney’s claim to MSPs on Wednesday that any release would involve sifting and redacting thousands of documents.
In a letter to the deputy FM, inquiry convener Linda Fabiani said MSPs wanted to work in a “timeous manner” and had already suffered “a number of lengthy delays”.
It was therefore asking to “narrow the scope of its request for legal advice at this stage”.
She said that, as a priority, MSPs wanted “copies of the written advice provided by counsel, in particular on the prospects of success”.
She said: “This advice should be clearly distinguishable and provided privilege is waived, not involve a lengthy process in order for it to be identified and provided to the Committee.
“I must repeat that we are suggesting this to avoid further delays but the Committee still expects the Scottish Government to release its legal advice as previously requested.”
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel