Ruth Davidson: Latest legal advice published 'even more damning' than the rest

Ruth Davidson has said the latest legal advice relating to the Alex Salmond judicial review was "even more damning" than that published before it. 

The Scottish Conservatives' Holyrood leader accused the Scottish Government of being "so reluctant to release" the evidence, which was published in stages - some before and some after Nicola Sturgeon's appearance at the harassment committee. 

Davidson said the First Minister - who would later say she will be "haunted" for the rest of her life by the government's error that "let down" the women - refused to answer questions in relation to the advice when asked last week.

Davidson then said: "I'm going to ask the questions that the committee couldn't about the evidence that the government were so reluctant to release. 

"This new evidence shows that the government's senior lawyer, Roddy Dunlop QC, warned the First Minister personally against, and I quote, 'ploughing on regardless' because of a 'large expenses bill that would inevitably arise'. 

"So let me ask the First Minister; how much taxpayers' money did it cost from that moment on?"

Davidson was referring to a letter from Dunlop and solicitor advocate Christine O'Neill which was dated 17 December 2018. 

It said counsel were "entirely unconvinced" as to the "benefit that might arise from the hearing in January that might outweigh the potentially disastrous repercussions thereof".

It added: "Leaving aside the large expenses bill that would inevitably arise, the personal and political fallout of an adverse decision – especially if, as may be the case, it is attended by judicial criticism – seems to us to be something which eclipses by some way the possibility of helpful judicial comments. 

"That being so, and recognising as we do that the wider political picture is something that others are far better than are we to comment upon, we cannot let pass uncritically the suggestion that the petition cannot be conceded."

The same letter concludes: "Given the potential for harm we simply wish all concerned – and we include the First Minister in this – to be absolutely certain that they wish us to plough on regardless notwithstanding the concerns which we have outlined."

In the chamber today, the First Minister, responding to Davidson's question, said the Scottish Government had set out the cost of the judicial review, but added she didn't have the breakdown to hand. 

Sturgeon added: "The point I think Ruth Davidson is making for me is that she is quoting from the legal advice that has been published... What that legal advice sets out very clearly, warts and all - it is an unvarnished account of what wrong, are the opinions of senior counsel at different stages of the judicial review. 

"It sets out very clearly the error that was made by the Scottish Government and the way in which that error became to be fully realised and understood. 

"It also sets out the view of the law officers, and of course in terms of the ministerial code that's what matters to ministers, well into December, that notwithstanding all of that, the government should continue to defend the case for the wider reasons that have been set out and then later in December the reasons why that was no longer possible. 

"The impression the opposition is perhaps trying to give, I think, is that what we've published is somehow a rosy picture here and there are horrors lurking underneath that are being concealed. 

"Anybody who reads this can see very clearly that is not the case. 

"A serious error was made by the government in this investigation and as the judicial review proceeded that error became very apparent and that is why ultimately the judicial review had to be conceded."