MSPs investigating the Scottish Government’s botched probe into allegations made against Alex Salmond have asked the Lord Advocate to release any “relevant” material from the criminal investigation.
Linda Fabiani, who chairs the Holyrood committee has told James Wolffe they need to see documents currently held by the Crown Office.
The request comes after a senior civil servant told MSPs last month that she was able to obtain a copy of a controversial text from her phone as it was being held by the courts.
On January 8, 2019, after ministers conceded the judicial review, the Scottish Government’s permanent secretary, Leslie Evans texted the head of HR, Barbara Allison, writing: “Battle may be lost but not the war.”
Salmond’s supporters believe the text is proof of a conspiracy against the former First Minister.
Allison had initially denied receiving the message, though she later told MSPs she had asked the Crown Office for a copy of the material retrieved from her mobile phone in the context of the criminal trial and discovered it then.
READ MORE: Top civil servant admits receiving ‘win the war’ text after Salmond’s victory
In her letter to Wolffe, Fabiani stressed that MSPs were not seeking information on the Crown’s decision to prosecute Salmond for a series of sexual offences, of which he was cleared by a jury following a trial earlier this year.
She also made clear the committee is not considering “the ‘merits of the allegations or the conduct of the trial”.
Instead, she told the prosecutor: “The committee is seeking material that the Crown may hold which falls within the committee’s remit – specifically any information, for example, communications between officials, related to the conduct of the judicial review and the Scottish Government’s decision to concede – as well as information concerning the handling of the harassment complaints considered under the Scottish Government procedure as opposed to the merits of any such complaints.”
Meanwhile, Nicola Sturgeon has told MSPs that it would be a breach of the ministerial code for her to immediately release legal advice the Scottish Government received during their court battle Alex Salmond.
On Wednesday night, the SNP were defeated by 63 to 54 in the Scottish Parliament when the opposition joined forces to back a motion demanding ministers share what they were told by their lawyers. Five SNP MSPs abstained in the vote.
The former First Minister defeated the Scottish Government in January 2019 when they conceded they had acted unlawfully while investigating harassment claims against him.
However, despite requests from the Holyrood committee investigating the collapse of that case, the government has been unwilling to waive legal privilege.
Even though they lost the vote, ministers don’t have to publish the advice, as the result is non-binding.
However, after the defeat, deputy first minister John Swinney said the government would “respect the decisions taken by parliament” and that he would “consider the implications of the motion” with colleagues.
Speaking at First Minister’s Questions, Tory MSP Margaret Mitchell, who sits on the Salmond committee, called on Sturgeon to confirm if the Scottish Government would comply with the result of the vote.
“Will the First Minister please confirm that the government will comply with this instruction and further confirm on what day the legal advice will be published,” she asked.
READ MORE: Alex Salmond probe has 'detailed evidence' Nicola Sturgeon misled Holyrood
Sturgeon responded: “If I was to do what Margaret Mitchell has asked me to do there I would be blatantly breaching the ministerial code – perhaps that is what Margaret Mitchell wants me to do.”
The First Minister said the code sets out that “ministers must not divulge the contents of legal advice” although it says in “exceptional circumstances ministers may decide that the balance of public interest favours disclosure”.
In those circumstances they must obtain the prior consent of law officers before doing so, she explained.
Sturgeon said consent to release legal advice will “only be given if there are compelling reasons”.
She added: “Ministers have to consider now the vote last night, the deputy first minister made clear ministers will do so.
“I have rightly, I think, recused myself from that decision and as John Swinney said to parliament last night, he will advise parliament accordingly in due course of our response.”
Speaking after the session, Mitchell said the integrity of parliament was at stake: “It is a matter of profound concern for our parliamentary democracy that the government appears to be intent on continuing to evade scrutiny and to ignore the will of the Scottish Parliament.”
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