MSPs have demanded to see official advice given to Humza Yousaf before he set up public inquiries which financially benefited a close friend.
Holyrood’s finance committee has given the Scottish Government a week to produce advice about whether Mr Yousaf should have declared his relationship with lawyer Aamer Anwar.
Mr Yousaf announced a judge-led inquiry when he was justice secretary in 2019 into the 2015 death of Sheku Bayoh in police custody.
Despite Mr Anwar representing Mr Bayoh’s family, Mr Yousaf did not declare an interest in the register in which ministers recorded potential conflicts.
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It was not until December 2023, shortly before he was due to give evidence to the UK Covid-19 Inquiry as a former health secretary, that Mr Yousaf declared the friendship.
His register of interests was changed to confirm the then First Minister was a ‘personal friend’ of Mr Anwar, who represented the Scottish Covid Bereaved Families.
Three months later, while Mr Yousaf was still FM, his government announced a public inquiry into the botched investigation into the murder of Emma Caldwell.
Mr Anwar represents Ms Caldwell’s mother Margaret.
The relationship between Mr Yousaf and Mr Anwar was raised in the finance committee last month as it investigated the cost-effectiveness of public inquiries.
Falkirk East SNP MSP Michelle Thomson noted Mr Anwar had been a ‘beneficiary of significant public funds’ as a result of the inquiries, and asked why Mr Yousaf only declared a personal interest in relation to the Covid one.
Although Deputy FM Kate Forbes said she didn’t know the answer, one of her officials said "very substantive advice was given to ministers" ahead of the Bayoh inquiry.
Committee convener SNP MSP Kenneth Gibson has now written to Ms Forbes requesting to see this advice.
In a letter sent yesterday, Mr Gibson noted that during the committee session on November 25, MSPs "discussed with you the requirement under the Scottish Ministerial Code for Scottish Ministers to observe the ‘Nolan Principles’".
It went on that this included "the principle of integrity which states: 'Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence their work.
"They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships".
"The ministerial code further states that "ministers must ensure that no conflict arises, or could reasonably be perceived to arise, between their public duties and their private interests, financial or otherwise".
He went on: "Given these obligations, we request details of all advice provided by Scottish Government officials to former First Minister Humza Yousaf MSP on whether he should declare an interest under the Scottish Ministerial Code as a close friend and client of lawyer, Aamer Anwar, who has campaigned for and participated in various Scottish public inquiries."
In particular, the committee asked for advice ahead of Mr Yousaf testifying before the UK and Scottish Covid inquiries and before the decisions on holding the Bayoh and Caldwell inquiries.
Asking for the information by December 10, Mr Gibson said it would help the committee’s work "regarding the transparency of decision-making and maintaining public trust and integrity in relation to public inquiries".
Mr Anwar said: “The families who instruct me see this as nothing more than a dirty smear campaign, insulting them, the memories of the dead and all they have fought for.
"Rather than doing the bidding of the Scottish Police Federation, the Committee should have looked at the actual facts. For the families, the Federation effectively sabotaged the Bayoh Inquiry and now appear hellbent on trying to stop the Caldwell Inquiry.
"The Caldwell inquiry came about because of a mother who for nearly two decades fought to incarcerate the most prolific sex attacker this country has ever seen, a man who over years was effectively given a green light by the police to carry out his campaign of rape and violence.
"The inquiry is expected to examine the sustained police failings that emerged during the trial of killer and serial rapist Iain Packer- he was jailed for 36 years for the 2005 murder of Emma, as well as multiple other cases of sexual violence against 22 other women.
"We also note the public support of two Chief Constables for Police Scotland for both the Sheku Bayoh as well as the Emma Caldwell Inquiry.
"Chief constable, Jo Farrell, when she met the Caldwell family stated she supported their calls for a public inquiry and pledged the force would “fully participate… It is important that Emma’s family and the public get answers to the many questions they have"".
He added: The facts are that in the Sheku Bayoh as well as the Emma Caldwell case, three sets of Lord Advocates, Lord Mullholland, James Wolfe KC and Dorothy Bain KC all agreed with and positively supported the setting up of public inquiries.
"James Wolfe KC said in evidence to the Sheku Bayoh Inquiry, that it was he who recommended to the Scottish Government that they should set up a Public Inquiry.
"This Committee should take a long hard look at its own ethics and whether members have declared anything that may be seen as a conflict of interest.
"I would challenge those on this committee to make the statements they have outside the sanctity of Parliament.
"I really do wonder at their unhealthy obsession with an Asian lawyer, but not a single name mentioned from the army of lawyers who have benefited to the tune of hundreds of millions defending the state, the police, prisons or our Health Trusts.
"In each battle we have fought, it has always been one of David versus the Goliath with their unlimited state resources, which is why the families we represent find the actions of this committee so utterly shameful.
"As for the legal process, Humza Yousaf cannot just arbitrarily grant an inquiry. A legal test requires to be carried out that it is in the public interest for an Inquiry- those legal tests were met and positively supported by the Lord Advocates- then a Judge is appointed who decides who can be appointed a core-participant, no Minister has the right to do so. Once an inquiry is set up it is independent and led by the Judge.
"Furthermore, all the political parties in opposition supported these public inquiries, nor have the families ever conducted their legal campaigns in secret, but always in the full glare of the public spotlight. It seems to me whatever wild goose chase this Committee has been set up to follow, if they wished an impartial discussion on Sheku Bayoh, Margaret Caldwell or even myself then they should not have refused to take any written or verbal evidence from us when we requested to do so in June this year.”
The SNP said Mr Yousaf would not be commenting.
The Scottish Government said the committee would receive a response ‘in due course’.
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