The GSD has said that, under the Crown Indemnity principle, the State funds the legal costs of a Minister who sues or is sued in relation to acts within the scope of his Ministerial duty but asks: “how are the findings of Sir Peter Openshaw about the activities of Mr Picardo having meetings with a then suspect or his lawyers or communicating with them in a “grossly improper” way within the scope of his Ministerial duty? It should also be obvious that acting in a “grossly improper” way to attempt to interfere in a criminal investigation would never be within a Chief Minister’s duty.”

A statement continued: “On that basis it is hard to see how the Government has justifiably decided to endorse the spending of public monies to fund Mr Picardo’s private legal challenge on findings that he attempted to interfere with a criminal investigation.

“It is also striking that this is apparently a “Cabinet” decision. In other words this is evidence of the entire group of Ministers backing the payment of Mr Picardo’s legal fees for a private legal challenge in relation to findings that he has attempted to interfere in a criminal investigation and done things well outside his Chief Minister’s role and duties.”