MINISTERS have come under fire for a ‘neither confirm not deny’ policy to avoid scrutiny over a ‘failure’ to commission investigations into how former president Donald Trump financed the purchase of his Scottish golf courses.

The attack came as Avaaz a US-based international human rights organisation pursue a judicial review over what it alleges is an unlawful failure to pursue the probe, saying the Scottish Government “failed to understand their role and responsibilities” and “misdirected” itself.

The Scottish Government has now been accused by Avaaz of acting unlawfully by presenting a “black hole of non-information” to the court which is “corrosive of public trust” regarding the issues of the investigation.

Avaaz further argue the ministers had acted unlawfully in an apparent failure to make an application for an Unexplained Wealth Orders (UWO), also known as a McMafia order, in relation to Mr Trump”s assets in Scotland.

Avaaz say that the failure to act has wider implications in risking the country being seen as a safe haven for the proceeds of crime, especially when Scottish Ministers have both the power and the responsibility to investigate.

They are contesting Scottish government’s unwillingness to look into how Mr Trump, 75, was able to finance the purchase of golf courses at Turnberry, Ayrshire, in 2014 and Menie, Aberdeenshire, in 2006.

Aidan O’Neill QC for Avaaz attacked ministers in the Court of Session for providing “no decision and no explanation” while employing an NCND (neither confirm nor deny) policy over the Trump case “as a way of not being held to account”.

"Frankly that is not good enough. It is quite clear that there is a policy that that there will be NCND universally applied, and the rationale given is that it is in case they are associated with those who might be accused of serious criminality which does not apply in the circumstances of this individual who is a political exposed person.

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"There is a duty of candour which applies in Scotland as well as England. In public law matters there's a duty on the public authority to set out and explain why they did do what was complained of and why they didn't do what was complained of because we are all in this together as it were.

"The decision has been made apparently because of an NCND policy that is not being justified under reference to the situation of this individual... all they are saying is they are not telling you.

"What that results in is a black hole of non-information. It is contrary to any principles of good governance and open justice.

"The NCND policy is being used as a shield. It is shielding the Scottish ministers from accountability and that is corrosive of public trust.

"They have a duty of candour. They have to co-operate and tell the court why they are doing certain things. In this case they have said they have decided not to tell the court anything because they have an NCND policy.

"What they have done is that they have had the opportunity of showing what a reasonable authority directing itself according to the law would have done, and they have chosen to do nothing.

"We have put forward an initial dossier which is enough, we say, for a reasonable authority properly directing itself in the law, to have considered and made a decision and told us what that was.

"But instead what one gets is 'we are not telling you anything', and the justification for that is an NCND policy. That is an irrational response to the request made and therefore it fails as a matter of public law."

The Trumps have said that claims the golf courses were acquired by illegal means have “no basis in fact”.

But Avaaz say there does not have to be any hint of criminality under existing laws to launch a UWO probe in connection with 'politically exposed' people like Mr Trump.

Ruth Crawford QC for the Scottish Government stated that the First Minister did not abdicate collective responsibility in connection with the probe 'failure'.

She said there were “sound reasons” for Scottish ministers neither confirming or denying the existence of any investigation arguing that the civil power carried the “taint of criminality.”

Nicola Sturgeon told the Scottish Parliament the government could not launch a probe in relation to Unexplained Wealth Orders (UWO), also known as a McMafia order, and the responsibility for the investigation lay with the Crown Office’s Civil Recovery Unit.

Avaaz argue that as Scottish ministers were collectively responsible for sanctioning the investigation and it was "incompatible" to have the Lord Advocate, the chief legal officer of the Scottish Government and the Crown in Scotland, to have sole control as the designated minister Ms Crawford said there was "nothing unlawful" in the Lord Advocate, having the minister with portfolio responsibility over unexplained wealth orders.

"There is nothing inconsistent if the First Minister allocates portfolio responsibility to the Lord Advocate and those reasons are firmly rooted in the constitutional settlement, set out in the Scotland Act," she said.

The Scottish Government was asked last year to investigate how the Trump Organisation managed to pay for golf course developments in Scotland.

The UWO mechanism was introduced in 2018 to help authorities fight money laundering and target the illicit wealth of foreign officials.

The Scottish Greens, who have a govenment power-sharing deal with the SNP have also disputed Nicola Sturgeon's interpretation of Holyrood's powers and urged her to investigate Mr Trump's investments.

Lord Sandison is due to give a judgement in due course.