THE Scottish Government has asked civil servants to compile at least 14 secret documents in 2017 and 2018 related to holding a second independence referendum.

The Scottish Tories demanded the papers be released – but were accused of hypocrisy by Scotland’s Brexit Secretary Michael Russell, who said the Scottish Government “had every right to discuss independence”.

Tory researchers happened across the existence of the papers through a freedom of information (FoI) request.

The contents of the documents were not released, but in their response to the Tories, the Scottish Government confirmed that they involved legal advice given to ministers.

The only material released so far has been a single letter from the Finance and Constitution Secretary Derek Mackay to a Holyrood committee, concerning the draft referendum bill consultation in June last year.

The Government also revealed that, in addition to the previous letter, it could “confirm that 13 other documents were identified as being within scope of [the] request”.

While civil servants acknowledged the public interest in documents relating to a second referendum, they argued that they needed to be withheld as there was a “greater public interest in ensuring high quality policy and decision-making by Government” which could only be “achieved through allowing Ministers and officials the private space they need to consider all available options and to debate those rigorously and to fully understand their possible implications, before a final position can be reached.”

The Tories have now submitted an appeal to Daren Fitzhenry, the Scottish Information Commissioner.

Tory chief whip Maurice Golden said: “These secret briefings prove that the prospect of a second independence referendum is never off the SNP’s table. The question was settled in 2014. Yet, in the years afterwards, civil servants were still churning out briefings for ministers so they could continue banging the drum for separation in front of the cameras. That is irresponsible government.

“The SNP Government clearly deemed it necessary for taxpayer-funded civil servants to produce these highly-political briefings.

“As such, they should now be published, as part of the SNP’s so-called commitment to open and transparent government.”

But Scottish Brexit secretary Michael Russell said the Tories were in no place to criticise, pointing to recent reports suggesting charities and companies working with Universal Credit claimants had been required to sign clauses banning them from criticising or harming the reputation of the Work and Pensions Secretary Esther McVey.

He also referenced comments made by Ruth Davidson back in June 2017 when she said: “Let me be clear: Nobody, not me, not anyone, is expecting the SNP to give up on independence.

“That’s what it believes in and it’s a perfectly honourable position to take.”

Russell said: “The stench of hypocrisy from the Tories is overpowering – not only have they blocked the release of official papers on the first independence referendum, they have also slapped gagging orders on business and charity leaders to prevent them talking about Brexit or UK Government welfare cuts.

“The Scottish Government has every right to discuss independence – something Ruth Davidson has described as ‘perfectly honourable’.

“And more and more people across Scotland are looking positively at the opportunities of independence as the Tories’ shambolic Brexit goes from bad to worse – quite simply, the Tories think they can do whatever they want to Scotland and get away with it.”

The UK Government was criticised last year for refusing to publish Brexit impact assessments.