MSPs probing the Scottish Government’s botched inquiry into harassment allegations made against Alex Salmond will see “some of” the legal advice shown to ministers ahead of the failed judicial review.
A hard copy of a 2018 report by the former Director General for Organisational Development and Operations, will be shared with members of the Committee on the Scottish Government Handling of Harassment Complaints at their meeting next Tuesday.
This includes parts of the advice given to ministers by lawyers. A redacted hard copy will then be made public.
The former First Minister had the findings of a 2018 Scottish Government investigation into allegations of sexual misconduct set aside at a judicial review.
The Court of Session said it was unlawful and “tainted with apparent bias” because investigating officer Judith Mackinnon had prior contact with two women who came forward with complaints.
MSPs have now twice voted for the publication of the legal advice used by ministers to contest that legal action.
However the Government has so far been reluctant, saying it would breach the ministerial code to disclose it without the prior approval of the Government’s law officers.
Last month John Swinney told Sky News:"The Government's original position was that we do not release legal advice and no Government releases legal advice except in very exceptional circumstances.
"What I've said is that we will consider the fact that the Parliament has voted in that way. That consideration is ongoing at the present moment and that work is being undertaken to determine what approach we should take to responding to what Parliament has undertaken."
At their meeting on December 15, the cross-party committee agreed a motion demanding they “see the legal advice from counsel and associated minutes of meetings relating to the judicial review”.
Fabiani said: “The Committee has been consistently clear on its position on legal advice. The Committee believes that to fulfil the vital task that Parliament has set it, it needs to see legal advice including from counsel. It continues to push to see this advice in full and believes that it has to be published.
“In the meantime, the Committee has agreed to accept the terms of an offer negotiated with the Scottish Government to read a report which includes some of the legal advice. A redacted copy of this report will be published after the Committee sees the full report on December 22.”
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