The move comes after a security guard ruled that the government had violated transparency laws by hiding documents from the press and the public. Scottish Information Commissioner Daren Fitzhenry said the decisions to publish legal advice made during the Alex Salmond investigation at Holyrood and the “obvious” and “significant” public interest in the proposed vote meant that part of the material should be delivered. They were given until June 10 this year to make the documents public. READ MORE: There is no bill for the referendum before the municipal elections on May 5 First Secretary Nicola Sturgeon wants to pass legislation in Holyrood that will allow indyref2 to take place by the end of 2023, if Covid allows, and has instructed civil servants to announce the independence plan. It is not known when the bill will be tabled. Her plan follows Boris Johnson’s refusal to agree to hand over power to the Scottish Parliament for a legally rigged referendum, which was the process before the 2014 vote. READ MORE: Douglas Ross: Boris Johnson will not be in Scotland until 5 May However, constitutional lawyers are divided over whether the Scottish Parliament has the power to pass such legislation, with many believing that the legitimacy of the referendum bill will be challenged by the UK Government in the Supreme Court. In the run-up to the Hollyrod elections in May last year, the Scottish Government was forced to issue legal advice on its failure to defend the former prime minister in a judicial inquiry into allegations of sexual harassment. Mr Salmond refused. READ MORE: Plans for Independence Voting to Be Revealed Immediately, Says Patrick Harvey The Scottish Government has admitted that its investigation was illegal, unfair and “tainted with obvious prejudice” which led to a Holyrood inquiry into what went wrong. During this investigation, the ministers were forced to issue legal advice given to them during their investigation into the allegations against Mr Salmond. In his decision, Mr Fitzhenry said the decision to release legal advice from the investigation into Mr Salmond’s allegations showed that the ministers recognized that they could constitute “compulsory grounds of public interest in disclosing legal advice”. He concluded that aspects of the legal advice for indyref2 would fall within the same “exceptional circumstances” in which the public interest outweighs the legal professional privileges. The government had originally sought any legal advice from ministers or the public administration on the issue of a second Scottish independence referendum in 2020. The Herald also requested freedom of information for ministers to obtain any legal advice they received on indyref2. READ MORE: SNP and Greens to draft joint independence plans for 2023 referendum However, officials declined to disclose any information in either document, claiming the disclosure would violate legal professional privileges – a contract that ensures the confidentiality of legal advice. Mr Fitzhenry acknowledged the “important public interest” in allowing ministers to receive “full unhindered legal advice”. However, he agreed with The Scotsman’s remarks that this “was not inalienable”, adding that the Scottish Ministerial Code stipulates that there are exceptions to this convention, including the case where legal advice can affect “a large number of people”. Mr Fitzhenry wrote: “The Commissioner notes the applicant’s view that keeping secret legal advice on a second independence referendum actively harms accountability and control and would be against the public interest. “Considering the fundamental importance of Scotland’s future constitutional relationship with all people living in Scotland and its fundamental importance for political and public dialogue at the time of the request and demand for a review, the Commissioner is pleased that the disclosure of these information would greatly enhance the public debate on this issue. “While ministers have expressed concern that the disclosure of legal advice in this case would result in future legal advice being more cautious or less effective, the Commissioner acknowledges the point made by the applicant that the ministers’ decision to disclose “Legal advice on the Alex Salmond case has already created such an environment, if there was a risk, and further disclosure of legal advice that is of much greater public interest is unlikely to create further difficulty.” Douglas Ross, the leader of the Scottish Conservatives, said the commissioner’s decision was a “catastrophic rebuke” to the Scottish government. “The failed attempt by Nicola Sturgeon and Co. to silence this is merely the latest example of a government that is ready to make every effort to avoid control,” he added. Sarah Boyak, a spokeswoman for the Scottish Labor Party, said: “This decision is another rebuke to this secretive SNP government, which has once again been caught trying to hide information and stifle control. “The public has a right to see this information about their future and the SNP must make it public immediately, but most importantly they must stop wasting time, energy and money on this separatist distraction. “People in Scotland need their government to focus on recovering from the pandemic and tackling the cost-of-living crisis – not tying the knot in an attempt to hide holes in their case for a divisive referendum.” A spokesman for the Scottish Government said: “We have received the decision from the Scottish Information Commissioner and are considering its terms. “However, we are clear that the Scottish Government has acted lawfully in enforcing the Freedom of Information Act. “There is a long-standing contract, kept by the UK and Scottish governments, that the government does not disclose legal advice, including whether or not Legal Officers have advised on any matter, except in exceptional cases. “The content of any such advice is confidential and subject to legal professional privileges. This ensures that complete and honest legal advice can be given. ” On Wednesday, Constitution Secretary Angus Robertson briefed the Independent Committee on the Constitutional Future of Wales. He said: “Wales has its own constitutional debate, to which I am pleased to contribute today. “This, of course, is a matter for the people of Wales, but the Scottish Government is clear that the best future for Scotland is to become an independent country and to have an equal partnership with the rest of the United Kingdom. “According to the Welsh Government, the United Kingdom is a voluntary union of nations.” The people of Scotland, therefore, have the right to decide for themselves their own future, especially given the enormous and devastating impact of Brexit.
