SNP Government Withholds Legal Advice on Murrell Inquiry Calls

The Scottish Government has refused to release legal advice it received regarding calls for a public inquiry into the embezzlement scandal involving former SNP chief executive Peter Murrell. The SNP government has invoked four separate Freedom of Information (FOI) exemptions to withhold documents related to its response to demands for an inquiry into Murrell, who was jailed for stealing funds from the party.

Among the withheld documents are those concerning the preparation of First Minister John Swinney's parliamentary response. The government disclosed that some of this material is protected by legal professional privilege. Other exemptions cited include personal data, 'free and frank' policy discussions, and the effective conduct of public affairs.

Scottish Conservative justice spokesman Stephen Kerr criticized the government's stance, stating, "John Swinney cannot keep hiding behind legal technicalities while the SNP’s biggest financial scandal remains shrouded in secrecy." He added, "Scots deserve to know what the First Minister is so desperate to keep under wraps and who is being protected by this wall of silence." Kerr asserted that "Only a full public inquiry can get to the bottom of this rotten affair and expose who knew what, and when."

An FOI response confirmed that while officials refused to release documents related to briefing materials prepared for Swinney before his May 26 statement, some of the content constitutes legal advice. The government justified withholding this information by citing the public interest in preserving confidential communications between lawyers and ministers to allow for candid legal counsel. They also argued that disclosure would hinder internal discussions and compromise the briefing process for the First Minister.

On May 26, First Minister John Swinney rejected calls for a public probe into the Murrell affair, arguing that Police Scotland and prosecutors had already thoroughly examined the issues. He stated that an extensive, multi-year police investigation had already uncovered criminality, leading to Murrell's prosecution. Swinney told members of the Scottish Parliament that he did not believe a further inquiry would uncover new information beyond what was established during the criminal investigation.

Peter Murrell, 61, pleaded guilty earlier this year to embezzling over £400,000 of party funds. Prosecutors stated he used the stolen money to purchase various items, including a motorhome. The case prompted renewed political demands for a public inquiry into how the funds went missing and who within the SNP was aware of financial concerns.

Earlier in the month, reports indicated that Murrell faces demands to repay legal aid funding, despite evidence of his wealth. Taxpayers covered nearly £5,000 in defense counsel fees for Murrell before the Scottish Legal Aid Board withdrew funding. Scottish Conservative leader Russell Findlay commented on the matter, stating that "affluent crook[s]... shouldn’t get a single penny of taxpayers’ money to pay their lawyers."

A spokesperson for the Scottish Government stated, "The Scottish Government provides access to information, including through responding to Freedom of Information requests. Information can be withheld from responses for a variety of reasons including when it is subject to legal confidentiality and the effective conduct of public affairs. This is appropriate and in line with the Freedom of Information (Scotland) Act 2002. As the First Minister has previously stated, he does not believe that there is a case for an independent inquiry or a parliamentary inquiry into this issue, because that work has already been done by the police."