Alex Salmond is facing the prospect of legal action after launching an astonishing personal attack on one of Scotland’s leading human rights lawyers.
Professor Tony Kelly confirmed he was consulting his lawyer after the First Minister said he made an “incredibly comfortable” living representing the human rights of prisoners.
Prof Kelly claimed the full comments, which appeared in a magazine interview but The Courier is not repeating for legal reasons, “called into question” his professional integrity.
The legal threat is the latest twist in the continuing controversy over the role of the UK Supreme Court in the Scottish legal system, which Mr Salmond believes threatens the independence of Scots law.
Justice secretary Kenny MacAskill has faced criticism after threatening to remove funding for the court, saying, “He who pays the piper calls the tune.”
That was widely seen as potentially threatening the traditional independence of the judiciary.
Prof Kelly, who has represented clients including the Lockerbie bomber, has raised the prospect of the First Minister facing legal action.
“I am sad that the First Minister has called into question my professional integrity,” he said. “I act for the most maligned in our society and in so doing fully expect that such a role is disliked, and, at times, misunderstood, by others.
“With regret, I have had to take legal advice and, following upon that, given the nature of the attacks upon me, I have decided to formalise my position.
“Human rights for those imprisoned are not popular. They tell us some things that we do not like to hear the courts have repeatedly told the government that it has breached human rights including some of the most important articles of the convention.
“It is a matter of regret that the First Minister appears to lay blame at the door of the law, the judges, the court and, now, finally, the lawyers for taking them forward.”
Opposition politicians at Holyrood accused Mr Salmond of “demeaning” the office of First Minister in the interview, which also included an attack on Lord Hope, deputy president of the Supreme Court.
He said the judge was making judgements that allowed the “vilest people on the planet” to win compensation from the taxpayer.
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Scottish Lib Dem leader Willie Rennie said Mr Salmond was making himself “look a fool”.
“Scotland does not want a First Minister who uses such tawdry and childish language, leaving Scotland looking blinkered and insular,” he said.
Labour’s justice spokeswoman Johann Lamont added, “Alex Salmond’s foghorn approach and intemperate language demean the dignity of the office of First Minister.
“It does not contribute to resolving anything.”
A spokesman for the First Minister said the interview was conducted two weeks ago when there was “a lot of heated debate” on the issue.
He said the matter had “moved on” with an expert group from across the Scottish legal profession looking into the role of the court.
The row over the Supreme Court was reignited last month when the court ruled the conviction of Nat Fraser, for the murder of his wife, Arlene, was unsafe.
The court has the ability to rule on cases where Scots law conflicts with human rights legislation.
According to Mr Salmond, Scotland should be like other European countries and deal with Strasbourg directly, rather than have an extra tier of justice outside the Scottish system.
“The opportunity now is to bring light and clarity to these issues via the independent expert group that the government has established,” said a spokesman for the First Minister.