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It is not the practice of the government, as indicated in the Scottish Ministerial Code, to disclose whether it has sought legal advice in relation to a particular matter.
Questions and Answers
Date answered:
6 October 2009
It is the practice of successive governments, reflected in the Scottish Ministerial Code and the provisions of the Freedom of Information (Scotland) Act 2002, that the fact and content of legal advice is not revealed.
Questions and Answers
Date answered:
3 December 2007
To ask the Scottish Executive whether it believes that there should be independent oversight of the Scottish Ministerial Code. I refer themember to the answer to question S3W-6786 on 3 December 2007.
Among other things, if the rules were in a code, if you like, that would get round any ECHR issues, which the convener rightly touched on—it would be a different sort of ball game.
That can have major consequences. If a councillor breaches the code of conduct, there is the possibility of censure, suspension or disqualification from office.