Scottish Government withholds legal advice on Murrell inquiry decision
The Scottish Government has confirmed that ministers sought legal advice before First Minister John Swinney rejected calls for a public inquiry into Peter Murrell’s theft of SNP funds. It is withholding the related documents, prompting opposition criticism and renewed demands for an inquiry into how the money went missing and who knew about it.
The Government cited four Freedom of Information exemptions: legal professional privilege, personal data, confidential policy discussions and the effective conduct of public affairs. Some documents concern preparation for Swinney’s parliamentary response on 26 May, when he argued that a five-year police investigation had already examined the case. Murrell, the SNP’s former chief executive and Nicola Sturgeon’s husband, pleaded guilty to embezzling more than £400,000 and was jailed.
In short
- Ministers sought legal advice before rejecting an inquiry.
- The Scottish Government withheld documents under four FOI exemptions.
- Murrell pleaded guilty to taking more than £400,000 from SNP funds.
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The case for
The Government can argue that legal advice should remain confidential so ministers can seek candid guidance, and that publishing it could expose personal data or internal policy discussions. Swinney also points to the police investigation and Murrell’s conviction as reasons a further public inquiry may not be necessary, while withholding advice may help protect effective government decision-making.
The case against
Critics can argue that the scale of the embezzlement and the unanswered questions about who knew what make an independent public inquiry important for accountability and public confidence. Because ministers relied on legal advice when rejecting calls for an inquiry, they can be pressed to explain the decision; withholding the documents may make it harder to assess whether the public interest was properly served.
Explained simply
Peter Murrell was the SNP’s chief executive, the party’s most senior paid official, and was married to former First Minister Nicola Sturgeon. He admitted taking more than £400,000 from party funds and was jailed. Police investigated the case for five years.
John Swinney, Scotland’s First Minister, decided against holding a public inquiry into how the money went missing and who knew about it. Ministers sought legal advice before that decision, but the Government has withheld the documents under Freedom of Information exemptions covering legal advice, personal data and government discussions.
The issue matters because a public inquiry could examine questions about the party’s handling of its funds and what people knew. Opposition parties have criticised the decision and renewed calls for an inquiry.
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Originally published by Daily Mail as “SNP refuses to reveal the advice it was given before refusing Murrell inquiry”.