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One more time: Salmond inquiry ready to recall witnesses after insight into legal advice prompts more questions than answers

© PAAlex Salmond outside the Court of Session in 2019
Alex Salmond outside the Court of Session in 2019

The Holyrood committee probing the botched investigation into harassment allegations against Alex Salmond are set to recall key witnesses following the release of a civil service document.

Permanent Secretary Leslie Evans and Lord Advocate James Wolffe could be recalled by MSPs after the inquiry reconvenes in the new year to answer further questions. The Scottish Government has spent months refusing to publish the legal advice it received for its court battle with the former first minister that ultimately cost the taxpayer more than £600,000.

On Tuesday, members of the Holyrood committee investigating the government’s handling of harassment complaints against Mr Salmond were given sight of a paper summarising legal advice it received on condition they did not reveal its contents. Only half the contents of the document can been read in a redacted version published on the parliament website.

Lib Dem MSP Alex Cole-Hamilton said: “I want to see everything we saw published. There are some revelations in there for sure, and I think there is a material need for us to recall some witnesses, including the permanent secretary and the lord advocate.”

The document was written by former senior civil servant Sarah Davidson, who said the government’s case became “unstateable” after the “degree and nature” of prior contact between those who complained of harassment by Mr Salmond and the investigating officer emerged. This led to permanent secretary Leslie Evans notifying Scottish ministers that the review should be conceded.

However, MSPs still want to see the full legal advice given to the government rather than just the summary.

Scottish Labour deputy leader Jackie Baillie said: “I welcome what the Scottish Government has provided, but it is not enough. Parliament was very clear that all the legal opinion should be provided and I think the committee has taken a very reasonable position of asking for the external counsel’s legal advice throughout.

“The Scottish Government need to stop behaving so secretly and provide the information to the committee.”

Conservative MSP Murdo Fraser MSP said: “The SNP’s piecemeal approach to revealing the truth behind the Salmond case simply isn’t good enough. Both my colleagues and I continue to call for the legal advice to be released in full. What was made clear last week is that the SNP Government didn’t care about the merits of the case. Only the threat of a legal team walking out made them wake up and smell the coffee.

“These unforgivable actions by the SNP Government cost the public purse a huge sum and betrayed two vulnerable woman seeking help.”

In a covering statement to the document released on Wednesday, the Scottish Government acknowledged that there had been a “collective organisational failure” to gather all the relevant evidence. Ms Evans has already appeared before the inquiry three times and Mr Wolffe twice.

MSPs are also seeking to recall SNP chief executive Peter Murrell, Nicola Sturgeon’s husband, for further clarification on evidence he provided.

A Scottish Government spokesperson said: “We have taken unprecedented steps to provide the committee with access to relevant information, in confidence, to allow it to fulfil its remit. The Scottish Government will carefully consider requests from the committee for further information.”