THE Scottish Government have said there are no "compelling reasons" to share files about £500,000 of public money being lost in the Alex Salmond case.
Deputy First Minister John Swinney said releasing the Government’s legal advice to the Holyrood inquiry into the scandal isn't "in the public interest".
It followed Swinney admitting last week that the Scottish Government had waived its legal privilege on three previous occasions, for judge-led inquiries.
But in a newly released letter, Swinney said that did not affect the Government’s decision to withhold evidence from Holyrood on the basis of legal confidentiality.
He said the Scottish Ministerial Code was clear that “disclosure will be made only if, in exceptional circumstances, Ministers feel that the balance of public interest lies in disclosing the source or the contents of legal advice on a particular matter, and, further, that consent to disclosure will only be granted where there are compelling reasons”.
The cross-party committee is looking at how the Government botched an in-house probe into sexual misconduct claims made against Mr Salmond in 2018.
Salmond had the exercise set aside in a judicial review at the Court of Session, forcing ministers to admit it had been unfair, unlawful and “tainted by apparent bias” because the lead investigating official had been in prior contact with his accusers.
The collapse of the Government’s case in January 2019 left taxpayers with a £500,000 legal bill for Salmond’s costs, and the Holyrood inquiry is investigating what happened.
Nicola Sturgeon told parliament at the time that the inquiry could have whatever material it wanted, but her Government has since withheld evidence and tried to block witnesses.
In his letter, Swinney again refused to waive legal privilege in relation to the judicial review process, despite repeated warnings by the committee that it was frustrating its work.
He said: “Each situation is assessed on its own merits and circumstances, including (and not limited to) the public interest both generally and in relation to the maintenance of confidentiality, any procedures in place to handle the information in confidence and without publication, the prospect of future litigation on the matters at hand and the impact on the operation of the Scottish Government in the future as a result of disclosure of the content of past legal advice.
“As the Scottish Government made clear in its written statement to the Committee submitted on 20 July 2020, this position need not impede the Committee’s inquiry.
“The Scottish Government will be happy to give a full account of its legal position at different points in time in relation to areas of interest to the Committee.”
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The Scottish Government’s top official, Permanent Secretary Leslie Evans, and its to plaw officers, the Lord Advocate James Wolffe QC, are due to give evidence on Tuesday.
Evans has already given evidence, but has now been recalled for a second grilling.
Last week, the inquiry heard that bullying by ministers under Mr Salmond had continued under Sturgeon.
Dave Penman, general secretary of the FDA union which represents senior Government staff, said around 30 staff in at least five ministerial offices had flagged concerns over the past decade, a “quite extraordinary” level compared to other parts of the UK civil service.
He stressed the concerns were not all historical, and that some were “extant”.
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