Salmond inquiry: Legal documents expected in days after logjam breaks

MSPs looking into how the Scottish Government investigated harassment claims against Alex Salmond expect to see its legal advice within days.

Ministers have spent months refusing to publish the guidance received from lawyers before losing a court battle with the former first minister that cost taxpayers at least £500,000.

However, after what has been described as a “detailed and constructive discussion,” the Holyrood committee investigating the affair hope to see papers this week, according to sources.

The Scottish Government has already lost two votes in Holyrood demanding the release of the legal advice and MSPs had threatened a vote of no confidence in Deputy First Minister John Swinney before Christmas. He had previously insisted that releasing the advice would breach the ministers’ code.

However, the committee say it is crucial to understand why the government continued to defend its inquiry into harassment claims against the former first minister despite knowing it had been conducted by an official who had previous contact with the complainers. A judicial review found the inquiry flawed and awarded Salmond more than £500,000 in legal costs. He was later cleared of a series of criminal charges after a trial.

Lib Dem MSP Alex Cole-Hamilton said: “The majority of the committee are still convinced that in order to discharge our responsibilities, then we have to see and publish at least the external legal advice.

“I’m confident that this will happen or the deputy first minister will face the wrath of parliament.”

Conservative MSP Murdo Fraser said: “It’s high time the SNP finally released the legal advice to show the public how more than £500,000 of taxpayers’ money was lost and the women at the heart of this scandal were so badly let down.

“The legal advice is essential so the committee can properly scrutinise the government’s handling of sexual harassment complaints and find out what went wrong.”

The Holyrood committee on the Scottish Government’s handling of harassment complaints has been calling for the publication of the legal advice for months.

Mr Salmond’s allies believe the legal advice said that the judicial review case should not be defended.

But ministers have insisted that allowing the legal advice to be made public would undermine the ability of ministers to seek “full and frank” advice from lawyers in future.

The committee was established after the Scottish Government conceded an internal investigation of sexual misconduct complaints against the former first minister had been unlawful.

Mr Salmond was cleared of all sexual offences charges at the conclusion of his criminal trial in March.

He is due to appear before the committee on January 19 and Nicola Sturgeon the following Tuesday.

The Scottish Government said: “A detailed and constructive discussion is under way with parliament about the release of legal advice, and the deputy first minister will update Parliament in due course.”