THE SNP's Angus Robertson says it is "entirely appropriate" for the Scottish Government to plan for the independence referendum it was elected to deliver after facing questions over publishing legal advice on the matter.
Tory chief whip Stephen Kerr asked the Constitution Secretary in the Scottish Parliament what his government's response was after being told by the Scottish Information Commissioner to release legal advice it received on indyref2.
Robertson insisted ministers would respond within the commissioner's deadline but said they wanted to "carefully consider" what was a "significant" ruling, given it is conventional for UK and Scottish governments not to disclose legal advice they receive.
Kerr then accused Robertson of "secretly working on a referendum prospectus" and using public money to cover up legal advice on holding one.
But Robertson hit back by saying he and his colleagues were elected on the basis they would deliver an independence poll during this parliamentary term.
In response to Kerr's topical question, Robertson said: "We received the decision from the Scottish Information Commissioner and are considering its terms, we will respond within the deadlines set out by the Commissioner.
"There is a long-standing convention observed by UK governments and Scottish governments that governments do not disclose legal advice including whether law officers have or have not advised on any matter except in exceptional circumstances. The content of such advice is confidential and subject to legal, and professional privilege.
"Any departure from the convention is a significant thing. This is a significant ruling by the commissioner and given that we want to consider it carefully."
Kerr then added: "The Scottish Government's civil servants are secretly working on a referendum prospectus and we now learn public money may be used to cover up legal advice on a second referendum. Does the minister recognise this is an insult to Scottish taxpayers who have been forced to pay for secret preparations for a referendum they do not want?"
Robertson said: "This Parliament has been elected with a majority of members to deliver a referendum this term, a fact that Mr Kerr finds very difficult to respect.
"It is entirely appropriate for the government to pursue policies it was elected to do and in terms of the legal advice, pursuing it in line with the precedent for the UK and Scottish Governments."
Scottish Information Commissioner Daren Fitzhenry said the public release of legal advice would "significantly enhance public debate" on the issue of independence.
It follows a Freedom of Information battle with the Scotsman newspaper over releasing the documents.
Fitzhenry ruled keeping the advice secret "actively harms accountability and scrutiny".
Ministers have been told to disclose the advice by June of this year, though they can appeal within 42 days of the ruling.
