LEGAL advice regarding Scotland's future relationship with the EU will never be published, the Scottish Government has suggested.
Nicola Sturgeon has faced pressure from Scottish Labour leader Kezia Dugdale to break with tradition and release lawyers' submissions to ministers regarding potential options in light of Brexit.
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However, while the First Minister has pledged to be as open as possible with the public and in the wake of the EU referendum result refused to rule out the move, her external affairs secretary Fiona Hyslop appeared to shut down the possibility of ever releasing the advice into the public domain.
Legal advice submitted to ministers could shed light on the strength of Ms Sturgeon's hand in Brexit negotiations, amid suggestions that Holyrood could refuse consent, as is usually required, for legislation directly affecting devolved matters that would be necessary when Britain quits the EU.
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In a response to a parliamentary question from Labour's Jackie Baillie about the legal advice, Ms Hyslop said bluntly "the Scottish Ministerial code is clear that Ministers must not divulge either the source or content of legal advice" before reiterating a commitment to "being as open and transparent as possible". Ms Hyslop did not directly address a question over when legal advice about Brexit was sought.
Responding, Ms Baillie called for a rethink in light of the unique circumstances Scotland finds itself in, having voted convincingly to retain EU membership in June but the UK as a whole choosing to leave.
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She said: "The SNP Government must publish any legal advice they have on Brexit now or in the future. It may not be the convention of the SNP Government to publish legal advice, but these are not conventional times.
"The Tories' reckless gamble has left us in a political, economic and constitutional crisis unparalleled in modern times and people deserve to know the facts from the experts.
"The SNP also need to be prepared to protect jobs and the economy in Scotland from the aftershock of the UK voting to leave the EU. That is why Labour outlined a Brexit Action Plan with a series of policies, such as bringing forward infrastructure investment to establishing a Brexit support fund for at-risk industries."
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Ms Sturgeon has said that a second vote on independence, with a view to retaining EU membership, is "highly likely". Her preference is that Scotland would retain EU membership following a Yes vote, rather than having to leave and reapply.
In response to a question about contingency planning and action plans to protect the economy, jobs, mortgages and pensions as a result of the outcome of the EU referendum result, Ms Hyslop said the Government is committed to "protecting Scotland’s relationship with the EU" following an "unequivocal" vote to remain north of the border.
Ms Hyslop added: "The Scottish Government will continue to work with business bodies and sectors – as well as with individual companies – to share information, listen and understand business priorities and concerns, and make clear – here and internationally – that Scotland remains a stable and attractive place to do business, with a fundamentally strong economy."
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