The Scottish government has refused to hand over significant legal papers to a Holyrood investigation into the handling of harassment complaints against Alex Salmond, claiming they are too sensitive to disclose. John Swinney, the deputy first minister, told the specially convened Scottish parliament committee that the government would withhold its papers on the former first minister’s legal action against it, its own legal advice and key documents from its internal inquiry. Opposition MSPs on the committee are furious, accusing the government of sabotaging the investigation and muzzling civil servants. They are now considering applying to court for legal papers to be released and could invoke a clause in the Scotland Act 1998 which allows Holyrood to compel the disclosure of government documents and to compel witnesses to appear. The committee inquiry will start hearing oral evidence on Tuesday by calling Leslie Evans, the Scottish government’s permanent secretary, who oversaw a botched internal inquiry into two historic sexual harassment complaints against Salmond launched in early 2018. Salmond denied the allegations. Salmond sued the government in August 2018, accusing it of breaching natural justice by failing to allow him a proper chance to defend himself. He won the case after government lawyers admitted in court in January 2019 the inquiry had been mishandled, and called for Evans to resign. Evans will give evidence under oath, and has insisted on bringing with her the Scottish government’s most senior solicitor. Salmond, the first minister Nicola Sturgeon, and her husband, Peter Murrell, the chief executive of the Scottish National party, are due to appear before the committee later this year. The committee will also investigate Salmond’s allegations that Sturgeon’s close aides and civil servants orchestrated a witch-hunt against him – a charge Sturgeon has rejected. Those allegations intensified during Salmond’s subsequent court appearance on 14 charges of alleged sexual misconduct, including an attempted rape, although the Holyrood inquiry will avoid any discussion of those allegations or the evidence heard during the trial. Salmond was acquitted on all charges by a high court jury after his lawyer alleged there had been a conspiracy involving some of the 10 women involved in the case, senior figures in the Scottish government and the SNP. In a letter published on the eve of the Evans hearing on Tuesday, Swinney rejected the committee’s repeated demands for release of legal papers and internal reports on the original harassment inquiry, claiming the documents were legally privileged. Swinney added that ministers could not release reports or notes from civil servants who investigated the first two complaints against Salmond. Ministers would, however, support an application to the court to release its submissions to the judicial review taken by Salmond in 2018. Swinney and Evans also insist civil servants cannot be expected or compelled to offer opinions on what happened, claiming that would breach the civil service code. MSPs on the committee believe that is an attempt to muzzle officials, and have warned Evans and Swinney they will use their parliamentary powers to ensure transparency.
Jackie Baillie, Scottish Labour’s deputy leader, and a committee member, said: “It is so disappointing that the Scottish government, having promised cooperation and transparency at the start of this process, now appears to be turning its back on that pledge.” Alex Cole-Hamilton, for the Scottish Liberal Democrats, added: “This committee must get to the bottom of a series of events that has cost Scottish taxpayers hundreds of thousands of pounds and left the Scottish government deeply embarrassed. “The committee has already faced challenges over securing documents and statements from persons of interest. That evasiveness does not serve the people of Scotland well.”