“The Scottish Government funds a number of legal centres that provide advice and representation on matters not normally dealt with by commercial companies, as well as local advice providers supported by grants from the Legal Aid Fund.” We do not yet know what the Council will say or whether the ministers will challenge the decision in court. “This underscores the need for innovation in access to legal services.” There is a long-standing convention, observed by the British and Scottish governments, that the government does not disclose legal advice, including whether or not judicial authorities have given advice on a matter, except in exceptional circumstances. The question of whether the SNP can legislate for a new referendum has angered constitutional experts since the party released its roadmap for a second vote in January 2021, pointing out that “if Westminster continues to refuse the delegation of powers necessary for a legal vote”, Holyrood will legislate to hold a referendum anyway. The recent increase in funding proposed by the Scottish Government may be a short-term band-aid, but it will not heal the deep wounds in the legal aid system caused by a generation of underfunding. Commenting on the publication of the opinion, the Scottish Government said: “The Scottish Government believes that the Legal Advice Convention is important to ensure good governance. Last year, under enormous political pressure, the Scottish Government published the legal advice provided to it during Alex Salmond`s judicial review of the harassment complaint report against him. The Scottish Information Commissioner, Daren Fitzhenry, argued that the Scottish Government`s decision to publish legal opinions as part of Alex Salmond`s judicial review following extensive cross-party pressure had also shown that there were exceptions if such advice were to be made public. But the irony is that Sturgeon`s angry separation from his mentor and predecessor helped spread this advice around indyref2. The Scottish Government argued that publication of the consultation would constitute a breach of solicitor-client privilege after it had been sought by the Scot for legal advice to ministers or provided by the civil service on a second independence referendum, but the Information Commissioner agreed that the public interest was sufficiently important to outweigh these concerns. “Another referendum is the SNP`s answer to all the questions under the sun, so the public should not be left in the dark about legality.” When the SNP uses large sums of public money to use civil servants to work on a divisive referendum that the majority of Scots do not want, we have a right to know the legal advice they have received. Officials refused to publish freedom of information documents on indyref2, saying it would violate solicitor-client privilege.
The Prime Minister is tasked with getting Holyrood through the potentially legally problematic bill that could achieve her main political ambitions. The UK government has been accused of launching an attack on LGBTQ+ rights after seeking legal advice to potentially block the Scottish government`s gender recognition plans. READ MORE: `Scotland`s entire legal system is on the verge of collapse` However, they added: “Our research clearly shows the lack of legal aid firms in Scotland, with the number of registered legal aid firms only decreasing as time passes without sufficient investment, and the disproportionate impact this has on the most vulnerable and marginalised communities in Scotland.” Another referendum is the SNP`s answer to all the questions under the sun, so the public should not be left in the dark about legality. The SNP has delayed this circus long enough – it must clear the table once and for all,” she said. Scottish Labour spokeswoman Sarah Boyack hailed “a rare victory for transparency” but added: “This council leaves the big questions unanswered.” This would lead to an almost inevitable legal challenge to clarify whether holding a referendum on union counts is a reserved issue and therefore outside Holyrood`s jurisdiction and is likely to end up before the Supreme Court. However, despite the Information Commissioner`s decision, it remains unclear what legal advice the Scottish Government has received in this regard. “However, we have also taken into account that the elements covered by this decision date back to 2020 and concern proposed government measures that have since been implemented and for which the legal situation can therefore already be assumed. This comes after the government was asked to publish all the advice it received on indyref2 in 2020. That is also why it is so important to give ministers legal advice on the legality of such a referendum law. The crisis was reportedly exacerbated by the fact that legal aid fees agreed in 1999 increased by only 10 per cent. The decrease in the number of legal aid societies mainly reflects the long-term decline in criminal and civil proceedings.
“Part of this involves getting legal advice on the potential impact of Scottish law on the rights of residents of the rest of the UK. More than 40,000 people living in the poorest neighbourhoods of a Scottish city do not have direct access to a single company providing legal aid, according to the analysis. Following an appeal, the Information Commissioner ruled that “the secrecy of legal advice in the context of a second independence referendum actively undermines accountability and control.” A legal opinion published on Tuesday said the Scottish government was able to work “legitimately” on independence proposals, including the preparation of a referendum bill. The document consists of limited excerpts from their legal advice on a second independence referendum. Glasgow fares better, with 21 law firms serving 76,165 people in the 100 most deprived areas. There is a long-standing convention that legal advice to ministers is kept secret to allow for open deliberation. The chronic shortage of companies offering legal aid is exacerbated by the fact that the fees agreed in 1999 have increased by only 10%, compared to a 55% increase in inflation. A limited selection of legal opinions was published on Tuesday after a lengthy freedom of information battle with the Scottish newspaper, but the key question of whether the SNP government has been informed that tabling a bill for a second independence referendum falls within the powers of the Scottish Parliament is not included in the disclosure. The Scottish government will be forced to publish the legal advice it has received after a 13-month struggle over a second independence referendum. The Prime Minister has pledged to hold indyref2 until the end of the first half of the current legislature in 2023, but her plans are expected to be hampered by legal challenges.
“While the Ministers expressed concern that the disclosure of legal advice in this case would make future legal advice more prudent or less effective, the Commissioner acknowledges the applicant`s argument that the Ministers` decision to disclose legal advice in the context of the Alex Salmond case has already created such an environment. If the risk existed and subsequent disclosure of legal advice, which is of much greater public interest, was unlikely to cause further difficulties. “The content of such advice shall be confidential and subject to professional secrecy. If the council says what many constitutional lawyers think it should – that it is not Holyrood`s jurisdiction – the SNP will face months of questions as to whether it chooses to fight a costly and ultimately unwinnable battle. However, the Scottish Government said it was up to “law firms or lawyers” to provide services or hear a legal aid case in a region, adding: “We cannot force them to do so”. Holyrood`s opposition parties condemned the “opaque secret approach” after the limited publication was forced by a decision by the Information Commissioner, who noted there was an “extraordinary” public interest in disclosing the advice. According to the Information Commissioner, this decision demonstrates that the public interest can indeed outweigh solicitor-client privilege. Critics have warned that the legal opinion raises the question of whether a future vote could still take place.
“The advice given to ministers on the validity of a second independence referendum is clearly in the public interest, and the Information Commissioner is correct in deciding that the restraint was unlawful. This ensures that comprehensive and open legal advice can be provided. It is likely that the documents will still be heavily redacted, but one area that should be published is the work of officials on the prospectus for an independent Scotland. It is believed that the legal advisers gave the green light, as these preparations were not interrupted on the recommendation of the ministers. According to The Scotsman, the Scottish government will have to publish some of the legal advice it has received regarding another independence vote.