Thread by @PeatWorrier

In press reports about Salmond's scheduled appearance before Holyrood next week & written evidence, there's a lot of vague references to "legal considerations" informing what can and cannot lawfully be disclosed. For outsiders looking in, here are the most obvious limitations.

Firstly, Holyrood procedures are insulated from the law of defamation in the way publishing elsewhere or holding a press conference would not be. This is in section 41 of the Scotland Act. Parliamentary privilege in Holyrood is a pretty limited compared to Westminster.

In contrast with Westminster, Holyrood proceedings are covered by any orders made under the Contempt of Court Act 1981. One relevant order applies in this case.

Then there is the 2010 Act, passed when Salmond was First Minister. S.162 of the Act prohibits the publication of information disclosed for the purpose of defending yourself in court for any other purpose. S.163 makes such a disclosure a criminal offence. legislation.gov.uk/asp/2010/13/se…

Lastly in terms of the obvious potential constraints on publication, there are human rights considerations, including particularly in this context the right to privacy under Article 8 of the European Convention.

Without doubt, the disclosure rules which Kenny MacAskill piloted through Holyrood in 2010 are the dimension *least* understood in this context in terms of legal restrictions which apply to this process. legislation.gov.uk/asp/2010/13/se…