Meeting of the Parliament (Hybrid) 04 November 2020
Scots law provides that any person who seeks legal advice has the benefit of confidential communications with their lawyer. That is an important and well-established legal principle. In the same way, legal professional privilege is part of the normal operation of the Scottish Government. It supports good government by allowing ministers and officials to be informed by appropriate and full legal input when making decisions. Legal privilege is inherent to the functioning of good government and the rule of law.
It is important that the legal advice that ministers and their officials receive is full and frank and not affected by concerns about it subsequently becoming public. The principle of legal privilege has been upheld and respected by successive Scottish and United Kingdom Governments of different political colours on a range of topics and on very high-profile issues including, recently, the Conservative-led United Kingdom Government in relation to issues in connection with Brexit. Governments operate on the principle that legal privilege applies, which allows for open and candid legal advice to be taken to inform the process of decision making.
Legal advice does not constitute a democratically taken decision—