Alex Salmond has been accused of "misdirecting" parliament following his claim that no patients would be moved from Scotland's top-security hospital without ministerial approval.

The First Minister's claim, which was made in parliament on Thursday, followed the revelation in The Herald that almost half of the patients at the State Hospital in Carstairs are to be transferred to lower-security units.

In response to concerns about the move Mr Salmond told MSPs: "Any transfer of a restricted prisoner and resident at Carstairs requires ministerial approval. That is the guarantee of public safety that we have."

Mr Salmond went on to say: "And you can be absolutely certain that public safety will be paramount in all of these decisions."

However, last night legal experts suggested Mr Salmond had been "economical with the truth" and Labour and Conservative politicians called on the Scottish Government to clarify the position.

In ordinary circumstances, if a restricted patient is being moved from the State Hospital to a lower-security unit, ministers have to give their approval.

However, under the Mental Health (Care and Treatment) Act 2003, patients including restricted patients, have the right to appeal against "compulsory measures" and being held in "excessive security".

Ministers can provide reports to the tribunal giving their opinion of where the patient should be held and, along with the health board, have to consent that the hospital the patient is being sent to is appropriate and has an available place.

"The ultimate arbiter is the tribunal and the Court of Session," said Hilary Patrick, an expert on mental health law. "There is no doubt about that. The legislation is quite clear. It is for human-rights reasons that the decisions have been taken away from ministers. Technically, the First Minister does have the right to approve the transfer of a restricted patient, but the final arbiter is the court. He appears to have been slightly economical with the truth."

The move to cut the number of beds in the State Hospital from 240 to 140 by 2011 follows concerns that, under the European Convention on Human Rights, patients kept in an "excessive" level of security could sue the government. It is also dictated by new national mental health policy to provide appropriate local services where possible.

There have already been 66 appeals against excessive security and some 24 have been upheld. Some of the patients have been referred directly to low-security units, others are awaiting transfer.

The Scottish Government insisted Mr Salmond was correct, but last night Margaret Curran, Labour's health spokeswoman, said he seems to have "misdirected parliament, albeit inadvertently" and called for Nicola Sturgeon, the Health Secretary, to make a full statement to parliament on the situation and resources available for the medium-secure units.

Bill Aitken, the Tory justice spokesman, said the decision lies with the tribunal and also suggested Mr Salmond had "misdirected" parliament.

Dr Donald Lyons, director of the Mental Welfare Commission for Scotland, said the ultimate decision on patient transfer lies with the Court of Session, not ministers.

"Ministers have a clear role in the transfer of restricted patients from the State Hospital," he said. "Where a patient has been placed on a restriction order due to concerns about individual and public safety, ministers must agree any transfer. There is a clear process for this, which ensures that the transfer is appropriate and that risks are properly assessed and managed.

"Patients still have a right to appeal conditions of excessive security to the tribunal. If the tribunal decides that the patient should be moved to a lower-security setting and ministers do not agree to the transfer, the Mental Welfare Commission can ultimately take the case to the Court of Session."

A spokeswoman for the Scottish Government, said: "The position is crystal clear, and the First Minister set out the position exactly - as set out in the memorandum of procedure on restricted patients."


What he told MSPs
"Any transfer of a restricted prisoner and resident at Carstairs requires ministerial approval. That is the guarantee of public safety that we have."

The SNP leader pointed out that the current process began under the previous administration, adding: "You can be absolutely certain that public safety will be paramount in all of these decisions."