SIR Keir Starmer has said MSPs should have the same legal protection to raise controversial issues at Holyrood as MPs have at Westminster.

The UK Labour leader said the parliamentary privilege which covers his speech in the Commons should replace the more limited system at the Scottish Parliament.

His comments follow Tory MP David Davis using parliamentary privilege earlier this week to raise the Alex Salmond affair in a way impossible at Holyrood.

The former Brexit Secretary quoted from confidential text messages he said came from a “whistleblower” about a concerted effort by SNP officials to whip up police complaints against Mr Salmond in 2018.

The material was from a cache of messages obtained from an SNP staffer’s phone in advance of Mr Salmond’s criminal trial for sexual assault last year.

Mr Salmond, who was acquitted on all counts, had been threatened by the Crown Office with prosecution if he released the confidential material himself.

Mr Davis was able to share the material because he could not be prosecuted as an MP speaking in the Commons.

Nicola Sturgeon called it “the epitome of the Old Boys’ Club”, and said Mr Davis should apologise for using his position to peddle his old friend’s “conspiracy theories”.

Parliamentary privilege grants members of both the Commons and Lords certain legal immunities to perform their duties, including freedom of speech, freedom from arrest, and freedom from defamation actions.

It means they cannot be sued or charged with a criminal offence based on what they say in parliamentary proceedings. 

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The protection, seen as a cornerstone of democracy, flows from Article 9 of the 1689 Bill of Rights, which says “proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament”. 

However the protection for MSPs at Holyrood, based on the 1998 Scotland Act, is more limited, protecting them from defamation actions over what is said in proceedings and some - but not all - court procedures.

Talking to the media on a visit to Scotland alongside Scottish Labour leader Anas Sarwar, Sir Keir was asked if he would back MSPs having the same legal protections as MPs in light of Mr Davis's intervention.

A barrister and QC, the Labour leader replied: “It is obviously very important that parliamentarians can get up, as they can in Westminster, and make points, raise issues or concern with protection.

“Throughout the years, that has proved a really important safeguard in our Westminster parliament, and I agree with Anas that there ought to be equal protection in the Scottish Parliament.

“Of course it’s got to be used carefully, but it is important that parliamentarians can get up and hold the Government and others to account without fear of legal consequences for raising really important issues.”

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The change would require legislation to be passed at Westminster to alter Holyrood's powers.

Mr Sarwar added: “I think we should have the ability to have equal privilege, particularly to expose whistleblowing cases, in the Scotish Parliament.

“An example of that is the Queen Elizabeth [Glasgow hospital death] situation and inquiry.

“I didn’t have parliamentary privilege to do it [raise problems in parliament]. 

“I still took the risk. But those kind of situations are important.”