Scottish Conservatives have called on Nicola Sturgeon to resign after the publication of previously secret legal advice relating to a botched investigation into allegations of sexual harassment by Alex Salmond.
After facing the threat of a no-confidence vote at Holyrood, the deputy first minister, John Swinney, agreed earlier this week to release the legal guidance received by the Scottish government during a court battle with Mr Salmond.
The advice relates to Mr Salmond’s successful legal challenge of the government’s harassment complaint procedure, which led to the former SNP leader being awarded more than £500,000.
According to the newly released documents, which were published on Tuesday evening, lawyers advised the Scottish government in September 2018 that the challenge was “capable of being resisted successfully”, but that there was a “real risk that the court may be persuaded by the petitioner’s case in respect of the ground of challenge based on ‘procedural unfairness’.”
The published advice shows that lawyers grew increasingly concerned, and told ministers on 6 December 2018 that in their view the “least worst option” would be to concede the petition.
“We understand how unpalatable that advice will be, and we do not tender it lightly,” they wrote. “But we cannot let the respondents sail forth into January’s hearing without the now very real risks of doing so being crystal clear to all concerned”.
On Wednesday, Ms Sturgeon will appear before a Holyrood inquiry to answer questions on the investigation. The BBC reported that the first minister is “relishing” the opportunity to put her side of the story forward.
But Douglas Ross, the Scottish Conservative leader, said after the publication of the cache of documents that his party would be submitting a vote of no confidence in the first minister.
In a statement, he said: “Credible witnesses have now backed up Alex Salmond’s claims and the legal advice shows the government knew months in advance that the judicial review was doomed but they still went on to waste more than £500,000 of taxpayers’ money.
“There is no longer any doubt that Nicola Sturgeon lied to the Scottish parliament and broke the ministerial code on numerous counts. The weight of the evidence is overwhelming. Nicola Sturgeon must resign.
A spokesperson for Ms Sturgeon said: “The first minister will address all the issues raised — and much more besides — at the committee tomorrow, while the independent adviser on the ministerial code will report in due course.
“But to call a vote of no confidence in the middle of a pandemic, before hearing a single word of the first minister’s evidence, is utterly irresponsible.
“It is for the public to decide who they want to govern Scotland and – while we continue to fight the Covid pandemic – with the election campaign starting in just 20 days, that is precisely what they will be able to do.”
Alongside the publication of the previously secret legal advice, Mr Swinney said: “The documents published today demonstrate that the Scottish government did not ignore legal advice in continuing to defend the judicial review, contrary to the terms of the Scottish ministerial code or the civil service code.
“The documents demonstrate that there was no ‘malicious’ intent against Mr Salmond. The Scottish government was within its rights to defend a judicial review raised against it by Mr Salmond and to continue to defend it whilst it still had a stateable case. There were good public policy reasons for continuing to defend the case and to seek a determination from the court.”
