Ministers had refused to make it public, arguing that it would breach legal professional privilege.
The Scotsman newspaper had originally asked for the advice to beThe newspaper appealed to the commissioner after its request was refused by the government.
Mr Fitzhenry also said that the government had previously chosen to disclose legal advice relating to complaints of sexual harassment against former First Minister Alex Salmond. A spokesman said: "There is a long-standing convention, observed by UK governments and Scottish governments, that government does not disclose legal advice, including whether law officers have or have not advised on any matter, except in exceptional circumstances.
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