Judicial review advice published by Ministers
Key documents released.
Key legal advice received about the judicial review brought by Alex Salmond has been published by the Scottish Government.
The decision to release the advice was made to disprove allegations made about the Scottish Government’s handling of the judicial review - including allegations that counsel’s advice was ignored and the process deliberately delayed.
Deputy First Minister John Swinney said:
“The Scottish Government has taken the exceptional step of releasing key legal advice. We have done this in recognition of the overwhelming public interest in rebutting the false allegations made about the advice informing decision-making in the judicial review.
“These documents are clear. Our legal advice was optimistic about the government’s prospects for success at the start. It became gradually but progressively less optimistic over time.
“It was only in December that the advice concluded that our case was no longer stateable and we should concede. Indeed, as late as 11 December, Ministers were advised that we should continue.
“Within a matter of days of being advised that the case was no stateable, we have taken the decision to concede. That was right and proper.
“Significantly, however, this comprehensively disproves claims that we had continued the case in defiance of legal advice. That is categorically untrue and these documents put that beyond doubt.”
“All of this material is now in the public domain and, with the agreement of the Law Officers, the Scottish Government has waived legal privilege over them. We have also responded to a further request from the Committee’s and agreed we will consider whether there are any further documents that should be released, subject to essential statutory checks and notifications. We will do this as a matter of urgency.”
The documents the Scottish Government is making available to the SGHCC Committee cover the key advice from external Counsel that informed decisions at critical points in the progress of the judicial review, in particular around the prospects of success.
Latest News from
Oil and Gas Production Statistics for 201908/04/2021 15:05:00
Statistics announced today by Scotland’s Chief Statistician show that oil and gas production in Scotland, including Scottish adjacent waters, is estimated to have been 77.2 million tonnes of oil equivalent (mtoe).
Coronavirus (COVID-19): timetable for easing restrictions08/04/2021 13:05:00
Sets out how and when we plan to lift the current coronavirus restrictions over the coming weeks and months.
Latest Scottish Welfare Statistics published06/04/2021 12:05:00
The Chief Statistician has released figures on the Scottish Welfare Fund, the Self-Isolation Support Grant and Discretionary Housing Payments up to February 2021.
Oil and Gas Production Statistics for 201931/03/2021 14:25:00
An Official Statistics Publication for Scotland.
Stay local from 2 April30/03/2021 12:05:00
Cautious easing of lockdown as more services to open from 5 April.
Pay rise for NHS Scotland staff29/03/2021 08:05:00
After positive discussions over recent weeks with NHS Trade Unions and NHS Employers, the Scottish Government has offered a substantial pay rise for NHS Scotland Agenda for Change staff.
Child poverty gradually rising26/03/2021 15:05:00
Covering the period just before the current pandemic, the statistics suggest a gradual increase in child poverty levels since the early 2010s.