Deputy First Minster John Swinney has agreed to release key legal advice the Scottish Government received over Alex Salmond’s judicial review after facing threats of a no-confidence motion.

The advice relates to Alex Salmond’s successful legal challenge of the government’s harassment complaints procedure, which led to the former first minister being awarded more than £500,000.

Mr Swinney said that subject to the mandatory legal checks and processes, the Scottish Government will release “the key legal advice” in order to counter “false claims being made by some”.

The Scottish Conservatives submitted a motion of no confidence in Mr Swinney at Holyrood on Monday saying he failed to comply with two parliamentary votes calling for the publication of legal advice.

Tory whip Miles Brigg MSP said he will not withdraw the Motion of No Confidence until MSPs are given assurances that SNP Ministers will deliver everything the committee has requested.

The Scottish Government said that key legal advice that underpinned the Scottish Government’s defence of the judicial review taken by Alex Salmond will be released on Tuesday.

Mr 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.”

Scottish Labour leadership contest
Anas Sarwar said Parliament is bigger than any party (Andrew Milligan/PA)

Mr Swinney’s decision 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.

The Scottish Government said that these are expected to be complete and, subject to them, the Parliament will receive the material immediately thereafter.

The Scottish Conservatives hoped to secure the publication of the legal advice before Nicola Sturgeon appears at a Holyrood committee on Wednesday.

Mr Briggs tweeted: “I will not withdraw the Motion of No Confidence until MSPs are given assurances that SNP Ministers will deliver everything the Committee has requested.

“The votes of Parliament must be respected and heeded by SNP Ministers.”

Coronavirus – Tue Aug 18, 2020
Scottish Conservative Leader Douglas Ross called on Mr Swinney to give more detail (Fraser Bremner/Daily Mail/PA)

Scottish Conservative leader Douglas Ross said: “Despite two votes in the Scottish Parliament demanding the legal advice be published, John Swinney only backed down and U-turned to save his own skin.

“It’s a pathetic reveal of what motivates the SNP. It’s not about getting to the truth, it’s only about self-preservation.

“But the Scottish Conservatives will not remove our no-confidence vote motion until the Government guarantees it will fully publish the legal advice.

“The Deputy First Minister is not in the clear yet. He must go further and fully publish the legal advice or we will not hesitate to force him out.”

Anas Sarwar, the new Scottish Labour leader, tweeted: “It shouldn’t have taken the fact he was going to lose his job for him to do the right thing and release the legal advice.

“Parliament is bigger than any party.”

If the motion goes to a vote, it would be the second time in less than a year that Mr Swinney would face such a debate on his position.

In August, he survived a no-confidence vote thanks to the backing of the Scottish Greens.

Other opposition parties supported the motion due to Mr Swinney’s role in the scandal surrounding estimated pupil exam grades.

Responding to the latest motion, the Greens indicated they would support the no-confidence vote if the legal advice remained unpublished.