Nicola Sturgeon fighting for political life amid resignation calls after Alex Salmond case legal advice published
Video report by ITV Scotland Correspondent Peter Smith
Nicola Sturgeon is being forced to fight for her political life after the Scottish Conservatives submitted a no-confidence vote to parliament and called for her to resign over the handling of the Alex Salmond inquiry.
Earlier the Scottish government published the legal advice it received about the investigation into allegations of sexual harassment by the former first minister.
The advice revealed the government carried on with the inquiry despite "reservations" being raised by the legal counsel and being told they were likely going to lose the case.
In January 2018, the Scottish government launched an investigation into allegations of sexual harassment by Mr Salmond but it was found to be unlawful, unfair and “tainted by apparent bias” because of prior contact between the investigating officer and two of the women who complained.
Although the investigating officer, Judith Mackinnon, said under oath that she had always been open about the contact with complainers, Scottish government lawyers purportedly did not learn of it until October 2018, nine months after the investigation began.
Mr Salmond, who was awarded maximum legal costs of £512,250, has alleged that the government had hoped a looming criminal trial would "ride to the rescue and prevent its unlawful investigation suffering a "cataclysmic" civil court defeat.
ITV's Scotland Correspondent Peter Smith said the emails published on Tuesday suggest the Lord Advocate (the Scottish government's chief legal officer) overruled the external legal counsel and the government believed he was saying "no question or need to drop the case".
ITV News Scotland Correspondent Peter Smith discusses the extraordinary events at the Scottish parliament
It is believed it cost the taxpayer £600,000 to carry out the investigation despite the Scottish government having already been told it was likely they would lose.
Mr Salmond has argued the Scottish government deliberately carried on the investigation despite knowing it would lose hoping a separate legal case would "overtake" the judicial review.
Redacted legal advice published by the Scottish Government on Tuesday evening showed that lawyers advised them in September 2018 that there “is 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’.”
On December 6, 2018, legal advisers told ministers that in their view the “least worst option” would be to concede the petition.
It took the Scottish government until January 8, 2019, for the government to concede the case – a week before the full judicial review was due to start.
Scottish Conservative leader Douglas Ross 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.”
He added: “The weight of the evidence is overwhelming. Nicola Sturgeon must resign.
“We will be submitting a vote of no confidence in the First Minister.”
Labour MSP Jackie Ballie told ITV: "I’ve been in Parliament for 22 years and I can say I’ve never been more shocked than I am now at the actions of the Scottish government.”
She said in her view the actions of the Scottish government handling of the inquiry breached the ministerial code all while costing the taxpayer over half a million pounds.
It is understood the vote will take place on Wednesday, the same day Ms Sturgeon is due to give evidence to the committee.
Earlier, Scotland's Deputy First Minister admitted "reservations were raised" by government lawyers about the way the investigation into Mr Salmond was handled more than two months before it conceded the case.
John Swinney told the Holyrood inquiry that officials "have not identified any documents" that support Mr Salmond's accusation the government deliberately delayed conceding the case in the hope a criminal trial would overtake his judicial review.
Mr Swinney agreed to hand over legal advice under threat of a no-confidence vote earlier this week.
In November 2020, the Scottish Parliament twice passed motions demanding the government publish all the legal advice it had received about Mr Salmond’s judicial review.
After a motion of no confidence was lodged on Monday in the deputy first minister over the government’s refusal to comply with the will of Parliament, Mr Swinney agreed to hand over the “key” legal advice to the Holyrood inquiry into the botched investigation.
In a letter ahead of the release of the legal advice, Mr Swinney acknowledged lawyers had raised “reservations” about the issue of prior contact.
But he insisted there were “good public policy arguments and reasonable grounds for the government to continue to defend the judicial review and to seek a determination from the Court on the matters raised, until the events of late December 2018”.
Mr Swinney, who is leading the government’s response to the committee after First Minister Nicola Sturgeon recused herself, suggested he agreed to release the legal advice over concern that the allegations “could impact negatively on public confidence in the Parliament, government and even our justice institutions".
A spokesperson for Ms Sturgeon said: “The first minister will address all of 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.”