MSPs consider bid to force release of Salmond documents as officials fight to keep them secret

MSPs investigating a botched civil service probe into sexual misconduct allegations against Alex Salmond have warned that they may attempt to force the Scottish Government to hand over key documents which Nicola Sturgeon’s officials are trying to keep secret.

The Holyrood committee examining the internal probe against the former First Minister, which cost taxpayers more than £500,000 after Mr Salmond won a judicial review in which it was ruled he had been treated unfairly, said it was “frustrated and disappointed” at the limited evidence that had so far been released.

The Scottish Government has withheld information on the advice it received about the case, on the grounds that it is legally privileged.

However, ministers could choose to hand over the information if they wished, and in a letter to Leslie Evans, the Scottish Government’s top civil servant, committee convenor Linda Fabiani said MSPs would explore “all options” to obtain relevant documents.

Under the Scotland Act that created devolution, the parliament has the power to "require any person... to produce documents in his custody or under his control".

It is the latest escalation in a row between the committee and the Scottish Government, after it previously expressed frustration at a lack of transparency.

The committee is to call Ms Evans as its first witness next week, before hearing from a string of high profile figures including Nicola Sturgeon, her husband and SNP chief executive Peter Murrell, and Mr Salmond, who believes there was a conspiracy against him. In a rare move, witnesses will be required to give evidence under oath.

After winning the judicial review against the Scottish Government’s internal probe in January 2019, Mr Salmond was charged with 14 sexual assault offences by prosecutors. In the criminal case, he was cleared of all charges at his trial in March.

The Holyrood committee is investigating the civil service probe, after a judge concluded the Scottish Government's actions had been "unlawful in respect that they were procedurally unfair" and had been "tainted with apparent bias". Mr Salmond was awarded £512,000 in legal costs.

In her letter, Ms Fabiani said the committee was “particularly concerned” at the limited information the Scottish Government had given to justify its refusal to hand over legal documents, a lack of detail on which documents were being withheld voluntarily or to comply with legal restrictions, and the number or type of documents being held back.

She added: “Amongst other elements where the public has the right to expect the Scottish Government to be willing to be scrutinised, is the judicial review which cost the public purse in excess of £500,000. The committee insists that you revisit your decision to withhold the vast majority of information related to the judicial review, with a view to markedly increasing how much you share given the need to act in the public interest.”

While acknowledging that the Scottish Government might be entitled to claim legal professional privilege over certain documents, Ms Fabiani said that as the client receiving the advice, it could release the advice if it chose.

She said: “The committee believes, given the need for transparency and for the committee to be able to effectively scrutinise the actions of the Scottish Government, that you should reconsider your approach to withholding information of the basis of legal professional privilege and align it to your previous commitment [to be transparent] to this committee.”

She added: “The committee will not hesitate to explore all options available to it to receive the documents it requires for this inquiry if the Scottish Government continues to refuse to provide documents and to provide an adequate explanation for withholding such documents.”

While Mr Salmond has publicly remained silent since he was cleared in March, he is expected to give a full account of  his position to the Holyrood committee. After his trial, he said: "As many of you will know, there is certain evidence I would have liked to have seen led in this trial but for a variety of reasons we were not able to do so.

"At some point, that information, that facts and that evidence will see the light of day."

Ms Sturgeon, who has fallen out spectacularly with Mr Salmond since the allegations against him emerged, has dismissed claims of a conspiracy as a “heap of nonsense”.

A spokesman for the Scottish Government said: “Scottish Ministers remain committed to working with the committee and are giving full consideration to the issues the convener has raised.  We welcome the opportunity the parliamentary inquiry will bring to address issues which have been raised – and we will not pre-empt that process.

“We are providing all the relevant information requested by the committee, taking account of the confidentiality, data protection and legal restrictions that apply.”