The key legal advice that underpinned the Scottish Government’s defence of the Judicial Review taken by Alex Salmond will be released today.
Last night’s decision by Deputy First Minister John Swinney has received the prior agreement of the Law Officers in line with paragraph 2.40 of the Scottish Ministerial Code.
Ahead of release, under the General Data Protection Regulation, legal notifications to individuals impacted are required. These are expected to be complete and, subject to them, the Parliament will receive the material immediately thereafter.
Deputy First Minister John Swinney said: “In normal circumstances, government legal advice is not released. Indeed, such is the importance of being able to get frank, private advice, it is almost unheard of for the legal advice to be released.
“But, we have to acknowledge that the issues at stake now are not normal. The very integrity of the legal system is being questioned.
“Serious allegations have been made. This material allows people to confirm that these allegations are false.
“We have already shared in private with the Scottish Parliament’s committee on these issues the substance of the advice.
“Now, we recognise that in order to counter to the false claims being made by some, we must go further. Subject to the mandatory legal checks and processes, we will release the key legal advice.”
The ongoing controversy centres on legal advice given to the Scottish government after former First Minister Alex Salmond launched judicial review proceedings in 2018 over the way harassment complaints against him had been handled.
The government finally had to admit it had acted unlawfully because its investigating officer had had prior contact with the two complainers – but the error left taxpayers to foot the bill for Mr Salmond’s legal bill of over £500,000.
Mr Swinney had faced a vote of no confidence at Holyrood if he refused to release the information. The vote of confidence would have carried as the Scottish Greens supported the motion, ensuring a majority in parliament.
This was the THIRD time parliament had requested the release of the papers.
If the legal advice is published in full – IF – it will help to shed some more light on a complicated case which is damaging the Scottish government’s reputation and calls into question the way our democracy functions.
If the published legal advice is heavily redacted, however, (note Mr Swinney’s used of the word ‘key’ in his statement), it’s likely that the vote of no confidence will go ahead.
Key player Lord Advocate James Wolfe QC, who was heavily criticised when former First Minister Alex Salmond gave evidence to the committee on Friday, is set to give evidence to the Holyrood committee this morning, while First Minister Nicola Sturgeon will give her much-awaited testimony tomorrow.
Finance Secretary Kate Forbes has written to Chancellor of the Exchequer Rishi Sunak ahead of the delayed UK Budget, calling on him to provide essential support as Scotland prepares to ease lockdown measures.
In the letter, Ms Forbes urges the UK Government to avoid a sudden cliff-edge withdrawal of support by extending the Job Retention Scheme beyond the end of April and making the £20 uplift for Universal Credit and Working Tax Credits permanent.
She also calls for a commitment that the NHS will receive what it needs in terms of financial support and for confirmation of Scotland’s share of unallocated coronavirus (COVID-19) funding to allow the Scottish Government to effectively develop its ongoing response to the pandemic.
Ms Forbes said: “The Scottish Government has extended Non Domestic Rates relief as one measure to continue supporting business, and it is vital that we have the appropriate funding and fiscal levers to deliver economic support.
“There are a number of additional measures the UK Government should take in the UK Budget to support recovery, bolster the economy and support the most vulnerable.
“This includes ensuring the NHS receives what it needs in terms of financial support, extending the furlough scheme beyond April and supporting business and households by providing meaningful and effective long-term support as the effects of the pandemic continue to be felt.”
Scotland’s railways can play a crucial role in getting Scotland moving again while cutting dangerous climate emissions, the Scottish Greens have said.
In a parliamentary debate this week the Greens outlined the party’s fully costed £22 billion Rail for All proposals to upgrade, nationalise, and electrify the railways.
The plan includes a new cross Forth rail tunnel, which would transform journeys between Edinburgh and Fife, and up the east coast to Dundee and Aberdeen, and north to Perth and Inverness.
Alison Johnstone MSP said: “Making rail the natural choice for passengers and freight would be a strategic investment in the recovery from the COVID crisis and could play a big role in cutting transport emissions as we tackle the climate crisis too.
“Crucially, the fully costed plans from the Scottish Green Party use technology that already exists, rather than pin our hopes on new inventions that we can’t afford to wait for. This investment could alleviate congestion on our roads and open up Scotland to those who don’t drive.
“And if we’re going to show the ambition we need, there’s no place for private profit or offshore companies in providing public services. It will be up to the next parliament, elected in May, to show this ambition.
“Reopening the Edinburgh South Suburban line and better connecting our towns and cities to the wider network can transform the lives of local residents, while helping tackle our lethal levels of air pollution.”
MSP for Edinburgh Pentlands, Gordon MacDonald, has urged food and drink projects across Edinburgh to apply for a new Scottish Government fund launched to drive projects that celebrate locally sourced and produced food and drink.
The Scotland Food & Drink Partnership was launched to help the sector with its recovery from COVID and prepare for Brexit, supported by £5 million from Scottish Government for 2020/21. An additional £50 million will be provided over 2021/22.
Since 2018 the fund has awarded over £350,000 to 79 creative, innovative & collaborative projects across the regions of Scotland.
Grants of up to £5000 are available to applicants, and the deadline to apply is 15th March 2021.
MSP Gordon MacDonald said: “Our world-class food and drink sector has faced an extremely challenging year, so this funding – which will contribute to its recovery from Covid-19 – comes at an important time.
“Between Brexit and COVID-19, there are very few food and drink businesses which haven’t been seriously affected – but it’s vital our food and drink industry keeps growing and bringing benefits to Scotland and Edinburgh.
“This money will play an important role in promoting food and drink in local communities and delivering benefits to Scotland’s local food and drink sector over the long-term.
“I’d encourage all eligible groups and businesses in Edinburgh to apply before the deadline on 15th March.”
Shopworkers’ trade union Usdaw has congratulated Anas Sarwar MSP on his election as the new Leader of the Scottish Labour Party.
Stewart Forrest – Usdaw Divisional Officer for Scotland says: “Usdaw nominated Anas Sarwar for leader because we believe he is the right person to rebuild Scottish Labour and then rebuild Scotland. So we are delighted that he has won the support of Labour members and affiliated supporters.
“Usdaw members, their families and working people across Scotland need a strong Labour Party in the Scottish Parliament and across the country, speaking out for them on their issues. With the election coming in May, it is crucial that Scottish Labour comes together behind the new leader and puts forward a positive message to the country.
“The SNP Government are failing to deliver social justice, tackle poverty and address the crisis in health and education. Usdaw members need Labour in power to deliver change. I know that Anas does not underestimate the challenge ahead for Labour and Usdaw will be working with him to help improve Scottish workers’ lives.”
Former First Minister Alex Salmond will give evidence to the Committee on the Scottish Government’s Handling of Harassment Complaints at Holyrood this afternoon.
The Committee’s remit is to consider and report on the actions of the First Minister, Scottish Government officials and special advisers in dealing with complaints about Alex Salmond, former First Minister, considered under the Scottish Government’s “Handling of harassment complaints involving current or former ministers” procedure and actions in relation to the Scottish Ministerial Code.
In a formal submission to the committee, Mr Salmond maintains that senior members of the SNP colluded with civil servants in an orchestrated campaign to damage his reputation.
He also accuses First Minister Nicola Sturgeon of both misleading parliament and breaking the Ministerial Code. If this is proven, Ms Sturgeon would be expected to resign.
Ms Sturgeon yesterday dismissed Salmond’s claims as ‘a litany of nonsence’.
This is much more serious than a ‘he said, she said’ internal SNP stooshie: the allegations go right to the heart of Scotland’s democratic structures.
So the stakes couldn’t be higher. It remains to be seen whether today’s session will see us inch any closer to the truth …
The Scottish Greens’ Lothian MSP, Alison Johnstone, has called for Lothian Pension Fund to end its multi-million pound investment in fossil fuels and instead make more socially responsible investments.
New research from Friends of the Earth Scotland shows that council pension funds in Scotland invest £1.2bn in fossil fuel giants, with devastating consequences for communities, climate and their own finances.
Lothian Pension Fund, which is operated by City of Edinburgh Council for its own area and on behalf of East Lothian, West Lothian and Midlothian, have agreed not to make new investments in fossil fuel companies they do not already invest in, but this does not end existing investments in climate-wrecking companies, or prevent them from increasing.
Alison Johnstone said: “Public pension funds in Scotland continue to invest millions to bankroll fossil fuel companies every year. Lothian Pension Fund invests £165m in major polluters, at a time when leadership is needed in tackling the climate crisis.
“The public don’t want to see these pension funds exacerbating the problem, particularly when this cash could be invested into socially responsible endeavours like green energy production, house building and public transport improvements.
“This year the world will come to Scotland when Glasgow hosts the UN climate change summit. It’s time for Scotland to take a lead in tackling the climate crisis, and one of the most straightforward ways we can begin to do that is by ending these public investments in big oil and gas.
“Lothian Pension Fund must show that it is serious about tackling the climate emergency by bringing its influence to bear and ending these obscene oil and gas investments.”
Pub goers and beer drinkers from across the country are urging MSPs to support a new law being debated this week which would help pub licensees earn a decent living – and increase the choice of local and independent beers on offer in our locals.
The proposed new law – the Tied Pubs (Scotland) Bill which has been put forward by Labour MSP Neil Bibby – would introduce a Pubs Code to govern the relationship between tied pub tenants and pub-owning businesses, with an Adjudicator to enforce the rules.
It is designed to prevent national pub-owning businesses from taking more than is fair or sustainable from the profits of their tied tenants who lease pubs from them.
Tied pubs see licensees rent the premises from a pub-owning company, with landlords required to buy beer and other supplies from that company.
The Scottish Parliament’s Economy, Energy and Fair Work Committee is debating Stage 2 of the Tied Pubs (Scotland) Bill this week.
As well as helping publicans earn a decent living, the Bill would also allow them more choice over which beers they stock, instead of having to buy a restricted range of stock at increasingly high prices from the pub-owning company.
Consumer group CAMRA, the Campaign for Real Ale, is backing the new law, with its branches across the country urging MSPs to pass the legislation without delay to help protect and improve community pubs by allowing tied licensees to earn a decent living and increasing choice of local, independent beers on offer at the bar.
Commenting CAMRA Scotland’s Director Joe Crawford said: “Pub goers and beer drinkers across Scotland are urging MSPs to vote in favour of the Tied Pubs Bill, to make sure that those running tied pubs are treated fairly, can earn a decent living and build back better after the COVID-19 crisis.
“As well as helping licensees, this new law could also see more beers on offer from small, local and independent breweries which will help increase choice for consumers at our locals.
“It’s not fair that large pub-owning businesses can restrict landlords to buying certain beers from them at above-market value and prevent them from support small, local breweries by offering these beers on tap.
“That’s why we are urging MSPs to support the interests of consumers, community pubs and hard-working tied pub tenants over the large pub-owning businesses by voting in favour of the Tied Pubs Bill this week.”
UK Government publishes four-step roadmap to ease restrictions across England and provide a route back to a more normal way of life
Each step to be assessed against four tests before restrictions ease, starting with the return of schools on 8 March
PM is clear that the decision on each stage will be based on data not dates, and government will move cautiously to keep infection rates under control
The Prime Minister has announced the government’s roadmap to ‘cautiously ease’ lockdown restrictions in England.
In a statement to parliament this afternoon he paid tribute to the extraordinary success of the UK’s vaccination programme and the resolve of the British public in following the lockdown restrictions, which has helped to cut infection rates and reduce the spread of the virus.
He also set out the latest vaccine efficacy data, with Public Health England finding that one dose of the Pfizer-BioNTech vaccine reduces hospitalisations and deaths by at least 75%. Analysis of the AstraZeneca vaccine efficacy continues, with promising early results.
Supported by the increased protection offered by these vaccines, the government is able to slowly and cautiously begin to ease restrictions in all areas across England at the same time, guided at all stages by data, not dates.
The roadmap, which has now been published on gov.uk, outlines four steps for easing restrictions. Before proceeding to the next step, the Government will examine the data to assess the impact of previous steps.
This assessment will be based on four tests:
The vaccine deployment programme continues successfully.
Evidence shows vaccines are sufficiently effective in reducing hospitalisations and deaths in those vaccinated.
Infection rates do not risk a surge in hospitalisations which would put unsustainable pressure on the NHS.
Our assessment of the risks is not fundamentally changed by new Variants of Concern.
There will be a minimum of five weeks between each step: four weeks for the data to reflect changes in restrictions; followed by seven days’ notice of the restrictions to be eased.
The Chief Medical Officer and the Chief Scientific Adviser have made clear that this will give adequate time to assess the impact of each step and reduce the risk of having to re-impose restrictions at a later date.
As the Prime Minister said, getting children back into school has been the top priority, and so from 8 March all children and students will return to face to face education in schools and college.
By this point, everyone in the top four vaccine priority cohorts – as determined by the independent JCVI – will have received the first dose of their vaccine and developed the necessary protection from it.
Also from this date:
Wraparound childcare and other supervised children’s activities can resume where they enable parents to work, seek work, attend education, seek medical care or attend a support group
Care home residents will be allowed one regular visitor provided they are tested and wear PPE
The Stay at Home requirement will remain, but people can leave home for recreation outdoors such as a coffee or picnic with their household or support bubble, or with one person outside their household
Some university students on practical courses will be able to return to face to face learning
As part of step one, there will be further limited changes from 29 March, the week in which most schools will break up for Easter. Outdoor gatherings of either 6 people or 2 households will be allowed, providing greater flexibility for families to see each other. This includes in private gardens.
Outdoor sports facilities, such as tennis and basketball courts, will be allowed to reopen, and people can take part in formally organised outdoor sports.
At this point, the Stay at Home order will end, although many lockdown restrictions will remain.
For example, you should continue to work from home where possible, and overseas travel remains banned, aside for a small number of reasons.
The subsequent steps are set out as follows:
Step 2, no earlier than 12 April:
Non-essential retail, personal care premises, such as hairdressers and nail salons, and public buildings, such as libraries and community centres, will reopen.
Most outdoor attractions and settings, including zoos, and theme parks, will also reopen although wider social contact rules will apply in these settings to prevent indoor mixing between different households. Drive-in cinemas and drive-in performances will also be permitted.
Indoor leisure facilities, such as gyms and swimming pools, will also reopen – but only for use by people on their own or with their household.
Hospitality venues can serve people outdoors only. There will be no need for customers to order a substantial meal with alcohol, and no curfew – although customers must order, eat and drink while seated.
Self-contained accommodation, such as holiday lets, where indoor facilities are not shared with other households, can also reopen.
Funerals can continue with up to 30 people, and the numbers able to attend weddings, receptions and commemorative events such as wakes will rise to 15 (from 6).
Step 3, no earlier than 17 May:
Outdoors, most social contact rules will be lifted – although gatherings of over 30 people will remain illegal.
Outdoor performances such as outdoor cinemas, outdoor theatres and outdoor cinemas can reopen.. Indoors, the rule of 6 or 2 households will apply – although we will keep under review whether it is safe to increase this.
Indoor hospitality, entertainment venues such as cinemas and soft play areas, the rest of the accommodation sector, and indoor adult group sports and exercise classes will also reopen.
Larger performances and sporting events in indoor venues with a capacity of 1,000 people or half-full (whichever is lower) will also be allowed, as will those in outdoor venues with a capacity of 4000 people or half-full (whichever is lower).
In the largest outdoor seated venues where crowds can spread out, up to 10,000 people will be able to attend (or a quarter-full, whichever is lower).
Up to 30 people will be able to attend weddings, receptions and wakes, as well as funerals. Other life events that will be permitted include bar mitzvahs and christenings.
Step 4, no earlier than 21 June:
It is hoped all legal limits on social contact can be removed.
We hope to reopen nightclubs, and lift restrictions on large events and performances that apply in Step 3.
This will also guide decisions on whether all limits can be removed on weddings and other life events.
In the meantime, the vaccination programme continues at pace, with the announcement of a new target to offer a first dose of the vaccine to every adult by the end of July.
The government hopes that the increased protection offered by vaccines will gradually replace the restrictions, with the roadmap published today providing the principles of the transition.
MPs will have an opportunity to vote on the regulations that will enable this roadmap in Parliament in the coming weeks.
We continue to work closely with the Devolved Administrations as we have throughout the pandemic. They are setting out approaches for easing for Scotland, Wales and Northern Ireland.
Alex Salmond’s final submission to Wednesday’s committee inquiry has been published.
It’s quite a document, and on reading it you can understand why some people have done their damndest to make sure it never saw the light of day.
Take this, for example:
“I leave it to others the question of what is, or is not, a conspiracy but am clear in my position that the evidence supports a deliberate, prolonged, malicious and concerted effort among a range of individuals within the Scottish Government and the SNP to damage my reputation, even to the extent of having me imprisoned.
“The individuals, for the avoidance of doubt: Peter Murrell (Chief Executive), Ian McCann (Compliance Officer) and Sue Riddick (Chief Operating Officer) of the SNP, together with Liz Llloyd, the First Minister’s Chief of Staff.
There are others who, for legal reasons, I am not allowed to name.”
