Independence Referendum (Legal Advice)

– in the Scottish Parliament at on 16 June 2022.

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Photo of Alex Cole-Hamilton Alex Cole-Hamilton Liberal Democrat

8. To ask the Scottish Government whether it has now published all the legal advice it has received in relation to a second independence referendum. (S6O-01238)

Photo of Angus Robertson Angus Robertson Scottish National Party

We have released the legal advice required under the commissioner’s decision, as it does not merit the time and expense required for an appeal. Although we disagree with the decision, we have published precisely what the commissioner specified. In line with the ministerial code, I do not intend to comment on the content of other legal advice.

Photo of Alex Cole-Hamilton Alex Cole-Hamilton Liberal Democrat

I am kind of grateful for that reply, but the Scottish Information Commissioner’s ruling about this could not have been clearer. In it, he states:

“a second independence referendum in Scotland is of significant public interest for a substantial portion of the Scottish population.”

He goes on to say that the request to release the information

“should be considered one of the exceptional circumstances which outweighs the in-built public interest in maintaining the exemption” on confidentiality. However, he was not talking about the legal advice as to whether the Government could road test a question with the Electoral Commission; he was talking about the central legality around the propositions that are open to the Scottish Government in pursuing its objective of holding an independence referendum next year. Does the cabinet secretary not realise that, by withholding the legal advice on that central legality, he is holding not only the Scottish Information Commissioner but this Parliament in contempt?

Photo of Angus Robertson Angus Robertson Scottish National Party

As I have already made clear, in line with the ministerial code,

I do not intend to comment on the content of other legal advice. Incidentally, that position has been held by Liberal Democrat ministers in this Parliament and by Liberal Democrat ministers at Westminster. I have no plans to depart from that position today.